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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