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HomeMy WebLinkAbout5.941 Original Contract 5. ((<1/ ~ Interlocal Agreement Between The City of Port Angeles and Clallam County Fire District #3 This Agreement is entered into this d I s'r day of .4prf 1 , 2009, between the City of Port Angeles (hereinafter "City") and Clallam County Fire District #3 (hereinafter "District"), both municipal corporations organized under the laws of the State of Washington. This Agreement is made under authority of Chapters 39.33 and RCW 39.34. A. Purpose The purpose of this agreement is to establish a contractual arrangement under which the City will transfer ownership of a 1987 Isuzu Hazardous Materials Van (Van) that was donated to the City by Rayonier. B. Agreement by the City: The City shall transfer to the District, without monetary compensation, ownership of a Hazardous Materials Van. C: Agreement by the District: The District shall convert the Van into a hazardous materials mobile 'decontamination vehicle. The District shall make the mobile decontamination vehicle available to the City on call, when and as needed by the City. The City shall not pay any monetary compensation to the District for use of the mobile decontamination vehicle. D. Term It is the obligation of the District to maintain and make the Van available for no less than three years to the City. E. No Warranty The City makes no warranty, express or implied, about the condition or fitness of the Van for any particular use. The District accepts the Van from the City "as is" and without any warranty or records. F. Title Upon receipt of the vehicle title, the District shall take the title to the County auditor to transfer the title to the District. The City shall complete the Vehicle Seller's Report of Sale and mail to the Department of Lice~sing. G. Effective Date This agreement shall become effective immediately upon execution by both parties. Page 1 of 2 # H. Consideration / Value The parties agree that the fair market value of the Van is less than$S,OOO and that the performances to be rendered by the District provide the City adequate consideration to support this agreement. 1. Hold Harmless The District agrees to indemnify, protect, defend and hold harmless the City, its officials, officers, employees and agents from and against all liability, claims, damages, losses, expenses, including, but not limited to, litigation expenses and reasonable attomey'sfees occurring, arising or in any way incident to, or in connection with the transferred Van as provided in this Agreement, the terms herein, or the District's operation of, the Van. J. Filing As provided by RCW 39.34.010, the Agreement shall be listed by subject on the City's website. K. Complete Agreement This agreement is the full and complete understanding of the parties and there are no other agreements, either verbal or written, which would alter the terms of this document. City of Port Angeles Clallam County Fire District #3 ~ ./f I ~- A By: ;,. --<-1 iI(T7~~,-- v ' --- Gary Braun, Mayor By: Gary L. Coffey, Chairperson Attest: By: Richard Houts, Commissioner Ily: .& ,J/>~. oj/ph'. Becky ton, ity Cl rk By: James D. Barnfather, Commissioner APPro~ as to form/::? / .V~ 7~~- William Bloor, City Attorney Attest: By: Sandra Shields, Admin. Assistant i. .~ (' , ." C.:\Doc~ments and Settings\dmckeen\My Documents\CounciJ Memos Etc\Haz Mat Van Agreement (2) CCFD #3 4.2 L09.doc Page 2 of 2 I '. H. Consideration / Value The parties agree that the fair market value of the Van is less than $5,000 and that the performances to be rendered by the District provide the City adequate consideration to support this agreement. I. Hold Harmless The District agrees to indemnity, protect, defend and hold harmless the City, its officials, officers, employees and agents from and against all liability, claims, damages, losses, expenses, including, but not limited to, litigation expenses and reasonable attorney's fees occurring, arising or in any way incident to, or in connection with the transferred Van as provided in this Agreement, the terms herein, or the District's operation of, the Van. J. Filing As provided by RCW 39.34.010, the Agreement shall be listed by subject on the City's website. K. Complete Agreement This agreement is the full and complete understanding of the parties and there are no other agreements, either verbal or written, fhich would alter the terms of this document. City of Port Angeles Clallam County Fire District #3 By: By: Gary Braun, Mayor Gary L. Coffey, Chairperson Attest: By: !?~ Richard Houts, Commissioner ~ I Becky Upton, City Clerk J ommlssloner By: By: Approved as to form: William Bloor, City Attorney Attest: By: ~.JZLcLJ Sandra Shields, Admin. Assistant C:\Documents and Settings\dmckeen\My Documents\Council Memos Etc\Haz Mat Van Agreement (2) CCFD #3 4.21.09.doc PaQe 2 of 2