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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 gWtu 7)0J, �� 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