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Interlocal Agreement for Loanable Police EquipmentINTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT made and entered into the day and year written below, by and between the CITY OF MOUNTLAKE TERRACE, hereinafter referred to as "Mountlake Terrace", the CITY OF LYNNWOOD, hereinafter referred to as "Lynnwood", the CITY OF EDMONDS, hereinafter referred to as "Edmonds", and the CITY OF BRIER, hereinafter referred to as "Brier". W I T N E S S E T H: WHEREAS, each of the parties hereto are authorized to purchase, operate and maintain certain resources used in their respective Police Department operations; and WHEREAS, due to lack of certain resources a combined effort with regard to access to resources owned by the parties hereto would be beneficial to the public interest; and WHEREAS, each of said parties has agreed to loan their respective resources to each other for this purpose so long as each and every individual entity does not incur any additional legal responsibilities over and above any responsibilities presently required by law; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Mountlake Terrace, Lynnwood, Edmonds and Brier do stipulate and agree as follows: 1. Description of Loanable Resources. The parties by their respective police chief shall establish a schedule of tangible personal property subject to this Agreement. The schedules may include but are not limited to equipment and. materials created or intended for the use of the police departments of the parties in limited or emergency situations. This Agreement is not intended to service as a joint purchase agreement nor is it intended to provide for the normal, everyday sharing of the basic supplies necessary to police work. A. Each party shall establish its respective schedule and provide such schedules to each of the other parties. The schedules may be amended from time to time at the sole discretion of the cities. B. If at any time, a majority of the parties determine that any other party is failing to supply a reciprocal schedule of supplies comparable to that provided by the other parties, they shall notify the deficient party. That party shall provide a corrected schedule to the notifying party within ten (10) business days of the date written notification is Mailed or forfeit its rights under this Agreement. 2. Nature of Obligation. The nature of the obligation created by this Agreement shall be for each city to make available the equipment and material specified on the schedules. Provided, however, that the provision of services, both routine and emergency, to the citizens of each respective party shall take precedence over any right and obligation of Page 2 the parties. No liability of any kind or nature shall arise from or out of a failure to provide any equipment or material hereunder. 3. Length of Loan. Each separate loan of a resource shall be evidenced by the execution of a request for loan to be known as a loan slip and shall be for a stated number of days to be agreed upon by the parties involved in the loan. The loan slip shall provide such information as the identity of the borrowing party; a description of the loaned resource(s); the serial number of the resource(s) if applicable, and the date of return. The original slip shall be retained by the loaning party and a copy of the slip shall accompany the loan resource(s). 4. Term. The term of this Agreement shall be from year to year commencing —January I 1986 XMX for consecutive one (1 ) year terms unless terminated as provided herein. 5. Damage to Loaned Resources. Any resource which is loaned to a said party must be returned undamaged with exception of reasonable, expected wear and tear. Any loaned resource which is damaged beyond normal wear and tear shall be repaired or replaced, depending upon the extent of damage, by the party having possession of the resource at the time the damage occurred. Repair or replacement shall occur within ten (10) days of the discovery of damage. The loaning party shall approve and accept all repair. In the event of dispute, the Page 3 contract party who is not a part of the transaction shall, through its police chief, arbitrate the dispute. 6. Replacement of Consumable Resources. Any consumable resource, such as tear gas, shall be replaced by the consuming party. All replacement shall be of the same quantity, quality and type as the consumed resource. In the event that a substitute material is tendered, the police chief of the lending party shall be the sole judge of its suitability and may accept or reject the replacement which shall be of comparable value. In the event of rejection, the tendering party shall have the absolute obligation to pay the actual replacement cost incurred by the lending party. 7. Promise to Indemnify. Defend and Hold Harmless. Each of the said parties shall indemnify and hold harmless one another, including their agents, employees and officers from any claim or loss of any kind or nature whatsoever arising from or out of this Agreement; provided, that no party shall be required to indemnify or hold harmless another 2arty in the event the other art is (a) sole l liable, or (b) jointly liable, which_ liability is determined to be a greater ercenta a than the indemnifying art (s). 8. Warranty Provisions. No warranty of fitness for use or warranty of any kind or nature shall arise from or out of the lending of resources under this Agreement; provided, however, that any warranties from the maker, manufacturer or Page 4 seller shall be unimpaired by this Agreement and to the extent permitted by contract and law shall flow to the ultimate user/consumer of the resources. The parties hereto specifically assign any warranty right arising with respect to any resource to the Party using or consuming the resources. 9. Nonseverable. In the event that any provision of this agreement shall be held to be unenforceable, this agreement shall be immediately void and at an end. The provisions of this agreement are inter -related and shall be read and enforced as a whole. 10. Termination. Any said party may terminate this greement at any time for any reason. Termination of the agreement shall in no way suspend obligations to return loaned resources or to replace or compensate for consumed resources. Written notice directed to the Chief of the Police Department at his notice address shall operate to terminate this Agreement three (3) days from the date fo mailing. 11. Notice Address. All notice given under this Agreement shall be given at the following address: Chief Loren Watson Mountlake Terrace Police Department 5803 232nd St. S.W. Mountalke Terrace, Washington 98043 Chief Dan Prinz Edmonds Police Department Edmonds Civic Center Edmonds, Washington 98020 Page 5 Chief John Paddock Lynnwood Police Department 19100 44th West Lynnwood, Washington 98036 Chief Jim Palmer Brier Police Department 2901 228th S. W. Brier, Washington 98036 THIS AGREEMENT is executed this /3 day of , 1985. CITY OF MOUNTLAKE TERRACE ATTEST/AUTHENTICATED: MOUN AKY TERRACE CITY CLERK APPROVED AS TO FORM: OFFICE OF T IT ATTORNEY By CITY OF LYNNKOOD By ATVEW.IMTH ENT ICATED: LYNNW0e1A. CITY' CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By le6rlj CITY OF EDMONDS By ATTEST/AUTHENTICATED: 4�DMONDS CITY CIERK APPROVED AS TO FORM: OFFICE OF Tg CITY ATTORNEY By I I V V y' CITY OF BRIER By ATTE /AUTHENTICATED: BRIER CITY CLERK APPROVED EFFECTIVE JANUARY 1986 APPROVED AS TO FORM: OFFICE Qk/DHE CITY ATTORNEY By Page 6