HomeMy WebLinkAboutVRFA EQUIPMENT AGREEMENT USE
This Equipment Use Agreement("Agreement") is entered into by and between
the City of Auburn, a Washington municipal corporation (hereafter referred to as
"Auburn") in the state of Washington and the Valley Regional Fire Authority, a
Washington regional fire protection service authority as provided for in Chapter 52.26
RCW, (hereafter referred to as "VRFA") to establish a written Agreement for VRFA to
provide Auburn exclusive use of VRFA's Motorola MTS II model portable radios
(hereafter referred to as "Radios").
WHEREAS, VRFA currently has excess Radios, and
WHEREAS, Auburn has a municipal need for such Radios and is asking VRFA
for permission to use some of VRFA's radios, and
WHEREAS, Chapter 35.86 and 39.34 RCW express a strong support for effective
cooperation amongst government agencies;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, Auburn and VRFA hereto agree as follows:
Use. VRFA agrees to allow Auburn to use the Radios listed on Exhibit A. This agreement
shall commence on the date of the last signature on this Agreement. This Agreement shall
run indefinitely. Either party may terminate this agreement for any reason by providing
30 calendar days' notice of termination to the other party.
Consideration. Auburn shall pay VRFA $0.00 per calendar month for the use of the
Radios. As consideration for the use of the Radios, and in-lieu of a cash payment, Auburn
shall be responsible for the cost of all maintenance and repairs for the Radios during the
term of this Agreement.
Maintenance and Repair. If the Radios are in need of programming or repair, Auburn
may choose to do the programming or make the necessary repairs to keep the Radios
working. If Auburn chooses not to repair a unit, it shall return the unit to VRFA. VRFA
may, but is not required to, provide a replacement Auburn.
Indemnification. In consideration of the use of VRFA's Radios during the period of this
Agreement, Auburn agrees to defend, indemnify and hold harmless VRFA, its officers,
officials, employees and volunteers from and against any and all claims; suits, actions, or
Auburn—VRFA Radio Loan Agreement
1/26/2015
Page 1 of 2
liabilities for injury or death of any person, or for loss or damage to property, which
arises out of the use of the Radios or from any activity, work or thing done, permitted, or
suffered by Auburn, except only such injury or damage as shall have been occasioned by
the sole negligence of VRFA.
It is further specifically and expressly understood that the indemnification provided
herein constitutes Auburn's waiver of immunity under Industrial Insurance, Title 51
RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
Responsible for Damages. Neither party shall be responsible to the other for damages to
the Radios. If Auburn loses a Radio, it shall pay VRFA One Hundred Forty and no/100
Dollars ($140.00).
Insurance/Coverage. Auburn agrees to carry $1,000,000 per occurrence of non-owned
automobile and general liability insurance.
No Limitation. Auburn's maintenance of insurance as required by the agreement shall not
be construed to limit the liability of Auburn to the coverage provided by such insurance,
or otherwise limit VRFA's recourse to any remedy available at law or in equity.
No Warranties. VRFA has not inspected and makes no warranties, representations or
guarantees on the fitness for a particular purpose or use of the Radios. Auburn is using
the Radios as its own risk.
City of Auburn Vail Re ire Authority
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any K. us, Mayor Eric . Robertson, Administrator
2.3 . 1
Date Date
Attest:/C01�2,t,�x Attest:
Clerk Clerk
Auburn—VRFA Radio Loan Agreement
1/26/2015
Page 2 of 2
EXHIBIT A
Radio ID Model Type Serial Number
738767 MTS II Portable 466AVU3737
738769 MTS lI Portable 466AVU3739
738770 MTS II Portable 466AVU3741
738771 MTS II Portable 466AVU3743
738772 MTS 11 Portable 466AVU3744
738773 MTS 11 Portable 466AVU3746
738774 MTS II Portable 466AVU3747
738775 MTS I1 Portable 466AVU3758
738777 MTS 11 Portable 466AVU3760