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HomeMy WebLinkAbout4754 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4754 BATES TECHNICAL COLLEGE Exchange of Surplus for Services Fire LEG 12-1 08/27/2008 08/26/2013 08/01/2013 Automatically renewable if training not fully expended or used or terminates if services credit used prior to expiration date INTERLOCAL AGREEMENT FOR EXCHANGE OF SURPLUS FOR SERVICES THIS INTERLOCAL AGREEMENT is hereby made by and between the City of Bremerton Fire Department (hereinafter "BFD") and Bates Technical College (hereinafter "Bates"), an agency of the State of Washington, for good and valuable consideration stated herein. WHEREAS, the City of Bremerton has decided to declare surplus a 1973 Seagraves ladder truck valued at an estimated value of$17,500; and WHEREAS, BATES Technical College has an identifiable need for such firefighting apparatus in its training program; and WHEREAS, the Bremerton Fire Department has an identifiable need for and does purchase services from Bates for recruit firefighter training; and WHEREAS, both parties have decided that it would be in their mutual interest to exchange the surplus ladder truck in consideration for services over the duration of this lnterlocal Agreement; NOW, THEREFORE, it is hereby agreed as follows: 1. Authority for Aereement. Legal authority for this Interlocal Agreement is contained within RCW 39.34, the Interlocal Cooperation Act. Additional authority is contained in RCW 39.33.010, with respect to the sale of public property. The City has the authority to declare surplus to the needs of the City and the Bremerton Fire Department, thereafter selling or exchanging the surplus apparatus for good and valuable consideration. Bates has legal authority to sell training services referred to in this Interlocal Agreement, and therefore has the authority to exchange such service for a valuable apparatus useful in its training and other programs. 2. Purpose and Intent. The purpose of this Interloca1 Agreement is to exchange the surplus ladder truck for the services referenced herein. This Inter10ca1 Agreement shall be considered the equivalent of a bill of sale for the aforesaid personal property. Bates agrees to credit up to four recruit training slots in the Bates Basic Recruit Academy to the account of the Bremerton Fire Department, to be used by Bremerton Fire Department for purchase at the published fee, of training services referred herein. Only two of these training slots may be used in anyone academic year defined as July 1 through June 30 of the following year. Once the four training slots have been used, Bates will again charge BFD directly for such services and this Interloca1 Agreement will have no further legal effect. 3. Consideration -Surplus Ladder Truck. The parties hereby agree that the value of the ladder truck does not exceed the value of services to be rendered. The City agrees to execute any and all title documents, such as certificates of title, in order to effectuate the transfer of title to Bates. The City further agrees to notify any and all governmental agencies that require notification that such title to the apparatus has been transferred to Bates. Bates agrees to accept the ladder truck for its training and other purposes, on an "AS IS" basis with no express or implied warranties. Bates officials have had the opportunity to inspect the condition of the apparatus prior to executing the Interloca1 Agreement. 4. Consideration - Services from Bates. In consideration for receipt of the ladder truck, Bates agrees to provide training services, for up to four recruits in the Basic Recruit Academy. Bates will provide recruit training, fire suppression training and any other training provided by and included in the Basic Recruit Academy held by Bates and deemed appropriate by the Bremerton Fire Department. This training program includes general classes, including but not limited to Firefighter I and Hazardous Materials Awareness and Operations training. 5. Duration/Term of A2reement. The lnterlocal Agreement shall have a duration or term of five years, but shall be renewable automatically annually if the four training slots are not fully expended or used. If the credit in services is used prior to the expiration of five years, then this Interloca1 Agreement shall terminate at that time and shall be in no further force and effect. Upon termination or expiration of this Interloca1 Agreement, at any time, Bates' right to charge cash consideration for the service shall resume. 6. Effective Date. This Inter10ca1 Agreement shall be deemed to have an effective date of the last date of signature below. 7. Recordin2. This Interloca1 Agreement shall be recorded and filed pursuant to the provision ofRCW 39.34. 8. Disposition of Firetruck Since title to the fire truck will be transferred from Bremerton Fire Department to Bates on the effective date of this Interloca1 Agreement, disposition of the property thereafter shall be the sole right and responsibility of Bates. However, the credit for services shall remain in effect until such amount is fully expended, regardless of the disposition of the ladder truck prior to the expenditure of such funds. 9. Modification or Amendment of A2reement. This Interloca1 Agreement may be modified or amended, but such amendment shall require the mutual written consent of both parties. 10. Entire A2reement. This Interloca1 Agreement, with the attached Exhibit A, embraces and includes the entire understanding of the parties. This Interloca1 Agreement supersedes and cancels any prior negotiations or communications between the parties with respect to the subject matter ofthe Interloca1 Agreement. 11. Governin2 Law. This Interloca1 Agreement is entered into and shall be governed by the laws of the State of Washington. In the event of a dispute that has completed arbitration or been held ineligible for arbitration, the venue shall lie in Kitsap County, Washington. 12. Hold Harmless/Indemnification. The parties agree with respect to any claims, causes of action or suits arising out of activities described in this agreement, each party shall be liable only for the acts or omissions of its agents, officers and employees acting in good faith within the scope of their employment. 13. Assh:!nments. No party may assign or delegate any right or duty under this lnterlocal Agreement without the mutual written consent of the other party. C~rton Bates Technical College /cU5 cA Date: f)< ~/of Date: ?-//;/ -03 - Approved as to form by: Assistant Attorney General State of Washington