HomeMy WebLinkAboutIL256 Interlocal Agreement COA IL256
RECIPROCAL LENDING AGREEMENT OF FIRE EQUIPMENT
The City of Burlington
The City of Mount Vernon
The City of Anacortes
This Agreement("Agreement")is entered into and effective the 2 3 day of Fe.lorusr,A 2018
by and between the City of Burlington,Washington,a municipal corporation("Burlington")and the City
of Mount Vernon,Washington,a municipal corporation("Mount Vernon")the City of Anacortes,
Washington,a municipal corporation("Anacortes")collectively referred herein as"the Cities"or"the
Parties".
RECITALS
A. The Cities each have created and operate a City Fire Department providing fire and fire related
services for their respective jurisdictions;and
B. From time to time,either Party may have certain Backup Fire Apparatus out of service due as a
result of a variety of circumstances including needed maintenance when the other Party may have
same or similar Backup Fire Apparatus surplus to its immediate or short term needs;and
C. Negative impacts to level of services a fire department can provide(including customary
emergency fire department response)are likely when Backup Fire Apparatus is unavailable for use;
and
D. The Cities are code cities organized under Title 35A RCW given the fullest statutory and
constitutional powers including but not limited to the authority granted under Chapter 39.34 RCW
to enter into agreements with one another for joint or cooperative action;and
E. The Cities desire to enter into an agreement whereby one Party that is in need of additional
Backup Fire Apparatus because that Party's Backup Fire Apparatus is out of service for maintenance,
it may borrow available Backup Fire Apparatus from the another Party subject to the terms and
conditions of this Agreement.
F. The cities of Burlington and Mount Vernon previously entered into a reciprocal fire equipment
lending agreement.The City of Anacortes has asked to participate under similar terms with the cities
of Burlington and Mount Vernon.
G. The Parties agree to repeal and terminate the two party reciprocal fire agreement between
Burlington and Mount Vernon and replace such agreement with this Agreement beginning on the
effective date set forth above.
NOW,THEREFORE,in consideration of the mutual promises contained herein,the Cities agree as
follows:
1. The recitals set forth above are incorporated as if set forth fully herein by this reference.
Cities Reciprocal Lending Agreement page 1 of 11
COA IL256
RECIPROCAL LENDING AGREEMENT OF FIRE EQUIPMENT
The City of Burlington
The City of Mount Vernon
The City of Anacortes
This Agreement ("Agreement") is entered into and effective the day of 2018
by and between the City of Burlington, Washington, a municipal corporation ("Burlington") and the City
of Mount Vernon,Washington, a municipal corporation ("Mount Vernon")the City of Anacortes,
Washington, a municipal corporation ("Anacortes") collectively referred herein as "the Cities" or"the
Parties".
RECITALS
A. The Cities each have created and operate a City Fire Department providing fire and fire related
services for their respective jurisdictions; and
B. From time to time, either Party may have certain Backup Fire Apparatus out of service due as a
result of a variety of circumstances including needed maintenance when the other Party may have
same or similar Backup Fire Apparatus surplus to its immediate or short term needs; and
C. Negative impacts to level of services a fire department can provide (including customary
emergency fire department response) are likely when Backup Fire Apparatus is unavailable for use;
and
D. The Cities are code cities organized under Title 35A RCW given the fullest statutory and
constitutional powers including but not limited to the authority granted under Chapter 39.34 RCW
to enter into agreements with one another for joint or cooperative action; and
E. The Cities desire to enter into an agreement whereby one Party that is in need of additional
Backup Fire Apparatus because that Party's Backup Fire Apparatus is out of service for maintenance,
it may borrow available Backup Fire Apparatus from the another Party subject to the terms and
conditions of this Agreement.
F. The cities of Burlington and Mount Vernon previously entered into a reciprocal fire equipment
lending agreement.The City of Anacortes has asked to participate under similar terms with the cities
of Burlington and Mount Vernon.
G. The Parties agree to repeal and terminate the two party reciprocal fire agreement between
Burlington and Mount Vernon and replace such agreement with this Agreement beginning on the
effective date set forth above.
NOW,THEREFORE, in consideration of the mutual promises contained herein, the Cities agree as
follows:
1. The recitals set forth above are incorporated as if set forth fully herein by this reference.
Cities Reciprocal Lending Agreement page 1 of 11
2. Purpose. It is the purpose of this Agreement to mutually enhance the capabilities and coordination
of the Parties' emergency services by providing a functional operational framework for the sharing
of emergency responder resources.
3. Definitions.
"Backup Fire Apparatus" shall mean Backup Fire Apparatus that is not in use nor needed by the Lending
Municipality and is otherwise available and surplus to the immediate needs of the Lending Municipality
at the time of request and the reasonably foreseeable needs for the length time the Backup Fire
Apparatus is requested by the Requesting Municipality at the Lending Municipality's sole discretion.
"Backup Fire Apparatus" shall mean Backup Fire Apparatus identified in Exhibit A attached hereto and
incorporated herein shall contain the equipment as described in Exhibit A.
"Good Driving Record" shall mean a driving record which contains no convictions for offenses within the
past seven (7)years for: (a) any driving offense which constitutes a felony, (b) operating a motor vehicle
or under physical control of a motor vehicle while under the influence of liquor or drugs, or impaired
driving as a result of alcohol or drugs, (c) reckless driving or negligent driving, (d) driving on a revoked or
suspended license.
"Lending Municipality" shall mean that Party to the Agreement that owns (or otherwise has sufficient
rights to use and lend to third parties) Backup Fire Apparatus being requested by another Party.
"Maintenance"shall mean as work either performed by contract or by a Party on a regularly scheduled
basis (e.g., daily,weekly, monthly, seasonally, semiannually, annually), to service, check, or replace
items that are not broken or perform minor repair work; or work performed by contract or by a Party
that is not regularly scheduled but is required to maintain the asset so that repair does not become
necessary.
"Proper Training" shall mean completing and maintaining compliance with the driver's training
standards of the Washington Fire Chief's Emergency Vehicle Incident Prevention (EVIP) Program.
"Requesting Municipality" shall mean that Party to the Agreement requesting use of Backup Fire
Apparatus owned (or otherwise has sufficient rights to use and lend to third parties) by another Party.
4. Responsibilities of the Parties
(a) Lending of Backup Fire Apparatus. The Cities agree that a Lending Municipality may lend
Backup Fire Apparatus to the Requesting Municipality for the length of time requested
when the Requesting Municipality's Backup Fire Apparatus is out of service. The
Requesting Municipality may make a request for use of the Lending Municipality's Backup
Fire Apparatus only if the Requesting Municipality:
(i) Has a shortage of available Backup Fire Apparatus to provide customary coverage
within the boundaries of the Requesting Municipality to enable the Requesting
Municipality to adequately respond to fire and other emergencies while its Backup
Fire Apparatus is being maintained and/or repaired, and/or until a new unit can be
delivered
Cities Reciprocal Lending Agreement page 2 of 11
(ii) Needs the use of the requested Backup Fire Apparatus for a period of more than
one day, and
(iii) Identifies a specific length of time the Requesting Municipality seeks use of the
Backup Fire Apparatus, and
(iv) The Requesting Municipality initiates the request either via phone or email. If the
initial request is made via phone then a follow up email shall be provided for
documentation.
(b) Lending is Discretionary. A Lending Municipality may refuse the request of the Requesting
Municipality at its sole discretion,without cause, for any reason or for no reason.
(c) Lending Municipality Take Back. The Lending Municipality may recall Backup Fire
Apparatus that has been loaned to the Requesting Municipality due to current needs of
the Lending Municipality by notifying the Fire Chief(or next officer in command if
unavailable) of the Requesting Municipality verbally or in writing. If the Lending
Municipality makes such a recall request,the Requesting Municipality shall return the
Backup Fire Apparatus as soon as reasonably possible, but not later than following
completion of the incident for which it is currently being used.
(d) Required Approvals. The Requesting Municipality shall be responsible for obtaining and
maintaining throughout the term of this Agreement all licenses, permits, certificates, and
governmental authorizations for its employees and agents necessary to perform all of its
obligations under this Agreement, including, but not limited to, obtaining any licenses
required from the State of Washington.
(e) Delivery of Backup Fire Apparatus. In the event the Lending Municipality agrees to lend
Backup Fire Apparatus, the Lending Municipality shall notify in writing that the Backup Fire
Apparatus is available for use by the Requesting Municipality including instructions of
where and when the Backup Fire Apparatus may be picked up. Responsibility for delivery
shall be borne by the Requesting Municipality. Requesting Municipality shall be
responsible for prompt delivery back to the Lending Municipality as instructed by the
Lending Municipality.
(f) Risk of Loss/Liability. Risk of loss of all Backup Fire Apparatus shall pass to the Requesting
Municipality from the time the Requesting Municipality (either directly or through third
party) picks up the Backup Fire Apparatus until the time of delivery back to the Lending
Municipality. Other provisions in this Agreement notwithstanding, the Requesting
Municipality shall be liable for any accidents, collisions, and all injuries and other
damages, (including attorney's fees and costs)from any claims or demands of losses
arising from the operation of Backup Fire Apparatus owned by the Lending Municipality
from the time the Requesting Municipality (either directly or through third party) picks up
the Backup Fire Apparatus until the time of delivery back to the Lending Municipality.
Liability of the Requesting Municipality includes but is not limited to payment by the
Requesting Municipality of any applicable comprehensive or collision deductible(s) of the
Lending Municipality.
Cities Reciprocal Lending Agreement page 3 of 11
(g) Acceptance As Is Where Is Condition. In all instances, the Requesting Municipality shall
accept all Backup Fire Apparatus it receives as a result of this Agreement in "as is where
is" condition with all faults. The Lending Jurisdiction disclaims and Requesting Jurisdiction
waives any warranty expressed or implied arising from course of performance, courses of
dealing or uses of trade, fitness for a particular purpose, merchantability, operability, and,
any obligation, liability, right, claim or remedy in tort, in law or in equity, or for any other
direct, incidental or consequential damages except for rights of inspection and disclosure
as set forth in this Agreement. The obligations, rights, and remedies of the Cities set forth
in this Section are exclusive and in substitution for all warranties, claims in law or equity,
and liabilities of either Party against the other,with respect to any Backup Fire Apparatus
provided. The Lending Municipality and Requesting Municipality shall conduct a joint
inspection of the Backup Fire Apparatus with Fire Department personnel of both parties
present: (i) prior to the Requesting Municipality's possession of the Backup Fire
Apparatus, and (ii) immediately after it is returned to the Lending Municipality. The
Lending Municipality and Requesting Municipality shall jointly document the condition of
the Backup Fire Apparatus. By taking possession of the Backup Fire Apparatus, the
Requesting Municipality stipulates: (i)that it has had an opportunity to inspect the Backup
Fire Apparatus prior to possession, (ii)finds it in acceptable condition, (iii) accepts it in "as
is where is" condition, and (iv) has received all records and disclosures required under this
Agreement. In the event of emergency,the Cities may mutually agree to forego the joint
inspection obligation prior to pick up set forth in this section if the Lending Municipality
and Requesting Municipality both acknowledge that immediate public safety needs
warrant delivery of the Backup Fire Apparatus without satisfying the condition; provided
however,that in the event a joint inspection prior to pick up is not conducted, the
Requesting Jurisdiction waiver of any and all claims against the Lending Jurisdiction as set
forth in this subsection including claims relating to the Backup Fire Apparatus's condition,
defects, and required disclosures shall remain effective.
(h) Records and Disclosure. The Lending Municipality shall furnish to the Requesting
Municipality the service records regarding the Backup Fire Apparatus and shall disclose to
the Requesting Municipality any defects in which it has actual knowledge to the Lending
Municipality which materially impair the functioning of the Backup Fire Apparatus on or
before the Backup Fire Apparatus is available for pickup.
(i) Operation of the Backup Fire Apparatus by Requesting Municipality. Operation of all
Backup Fire Apparatus shall be limited to currently licensed employees of the Requesting
Municipality's Fire Department with good driving records,who are properly trained to
operate (and certified if required under state and federal law)the Backup Fire Apparatus.
Only employees of the Requesting Municipality shall operate Backup Fire Apparatus. The
Requesting Municipality shall not permit any volunteers,firefighters or EMS employees-in-
training, members of the public, or other employees of the Requesting Municipality's Fire
Department who are not qualified to operate, get on, or ride on or in the Lending
Municipality's Backup Fire Apparatus.
(j) Payment. Because this is a Reciprocal Agreement, the Requesting Municipality shall not
be charged for use of the Lending Municipality's Backup Fire Apparatus except as
otherwise provided in this Agreement. Unless explicitly provided, no party shall have any
right to any payment or reimbursement from the another party under this Agreement.
Cities Reciprocal Lending Agreement page 4 of 11
(k) Operating Costs of Backup Fire Apparatus. The Requesting Municipality shall be
responsible for all costs associated with or relating to operation of Backup Fire Apparatus
while in the possession of the Requesting Municipality, including fuel, oil, lubrication,
apparatus washing, and other maintenance and repair expenses related to the Backup Fire
Apparatus. Possession shall begin at the pickup of the Backup Fire Apparatus from the
Lending Municipality. Requesting Municipality agrees to maintain and repair Backup Fire
Apparatus of the Lending Municipality in as good as condition as it was when delivered,
mileage and reasonable wear and tear expected. Excess wear includes:
(i) cracked or damaged glass, damaged body,trim, frame suspension, engine,
powertrain, or other mechanical parts, damaged paint;
(ii) missing equipment or parts that were in or on the Lending Municipality's Backup
Fire Apparatus at the time it was delivered;
(iii) unsafe tires or tires not meeting manufacturer's recommended specifications (or
equivalent) when compared to condition of Backup Fire Apparatus at the time of
delivery;
(iv) damaged or worn brake, oil leaks, a malfunctioning electrical system, battery,
lights, or siren;
(v) any malfunctioning specialized equipment associated with the Backup Fire
Apparatus;
(vi) Any other condition which makes the Lending Municipality's Backup Fire Apparatus
run in a rough, improper, unsafe condition, or any other damage, whether or not
insurance covers it. The Lending Municipality and Requesting Municipality shall
jointly inspect the Backup Fire Apparatus in the presence of both Fire Department
personnel immediately after it is returned to document the condition of the Backup
Fire Apparatus upon its return.
(I) Fuel. Backup Fire Apparatus agreed to be lent to a Requesting Municipality shall contain a
full tank of fuel prior to pick up. The Requesting Municipality shall return Backup Fire
Apparatus at the end of the term (or when recalled by Lending Municipality pursuant to
this Agreement) with the same amount of fuel. The requirement of pick up and return
with a full tank of fuel may be waived in the case of emergency circumstances.
(m) Return of Backup Fire Apparatus. Whenever the Requesting Municipality is required to
return Backup Fire Apparatus under the terms and conditions of this Agreement (e.g.
termination of this Agreement, request of take back by Lending Municipality, etc..)the
Requesting Municipality shall deliver the Lending Municipality's Backup Fire Apparatus to
the Lending Municipality in clean condition and in as good as condition as when it took
possession, mileage and reasonable wear and tear excepted. The joint inspection
required in subsection 4(g) of this Agreement shall determine whether there are any
defects, damages, including excess wear to the Backup Apparatus while in possession of
the Requesting Municipality and the Lending and Requesting Municipalities shall
document any defects or damages including excess wear. Documentation and inspection
may include a video record the condition of Backup Fire Apparatus at the time it is
returned to document exterior or interior defects or damages to the Backup Fire
Apparatus. The Lending Municipality shall obtain a written estimate of the cost to noted
defects or damages, including excess wear, repaired and forward it to the Requesting
Cities Reciprocal Lending Agreement page 5 of 11
Municipality for payment. The Requesting Municipality shall remit payment within thirty
(30) days of the date of delivery of the estimate.
(n) Reporting of Injuries or Damages. The Requesting Municipality shall report to the Lending
Municipality's Fire Chief or designee, any injuries or damages to persons or property
arising from the operation of the Lending Municipality's Backup Fire Apparatus when in
possession of the Requesting Municipality. The Requesting Municipality shall report
verbally within twenty-four(24) hours of the time of the incident or when known of the
incident and shall include: (i) a description of the injury or damages, (ii) how the injury or
damages occurred, the date and time of the incident giving rise to the injuries or damages,
and (iii)the names and addresses of any individuals with any knowledge of the facts or
circumstances which gave rise to the injury or damages, including any independent
witnesses. This notice shall be confirmed and memorialized in writing within 48 hours of
that time.
5. Termination. Any Party may terminate the Agreement without cause,for any reason or for no
reason by providing thirty(30) days written notice to the other Parties either personally delivered
or mailed postage-prepaid by certified mail, return receipt requested. If a Requesting Municipality
breaches a material term of this Agreement, including but not limited to: i)failure to timely return
Backup Fire Apparatus upon request of the Lending Municipality, ii) allowing an unauthorized
person to operate Backup Fire Apparatus, or iii) using the Backup Fire Apparatus for purposes not
intended for the Backup Fire Apparatus or beyond the scope of this Agreement,the Lending
Municipality may immediately terminate the Agreement and the Requesting Municipality(s) shall
return Backup Fire Apparatus as soon as reasonably possible but not no later than following
completion of an active incident the Backup Fire Apparatus is currently being used.
6. Responsibility of Employees. This Agreement shall not be construed to create a joint venture
between the Cities. All employees or volunteers acting for or on behalf of a Party under the terms
of this Agreement shall be employees or volunteers of said Party. Each Party to this Agreement
shall assume responsibility and liability for the acts of its employees or volunteers, and further each
Party shall assume the responsibility for any claims, injury or loss sustained by such employee or
authorized volunteer while acting in the performance of his or her duties. Each Party, subject to
the terms, conditions, and limitations herein, shall be solely responsible for control of its personnel
(including volunteers), standards of performance, discipline, and all other aspects of performance
by its employees while performing services under this Agreement. Each Party shall be responsible
for its own personnel assigned to perform under this Agreement (including but not limited to the
Requesting Municipality shall be responsible for all costs of its own personnel while operating or
riding on or in the Lending Municipality's Backup Fire Apparatus) including, salaries,wages, state
and federal payroll taxes, workers disability compensation insurance, unemployment insurance,
other fringe benefits, and any other costs associated with such individuals' employment.
7. Treatment of Assets and Property. No fixed assets or personal or real property will be jointly or
cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. Any property
owned and used by Mount Vernon in connection with this Agreement shall remain the property of
Mount Vernon, any property owned and used by Burlington shall remain the property of
Burlington, and any property owned and used by Anacortes shall remain the property of Anacortes
unless otherwise specifically provided for in this Agreement.
Cities Reciprocal Lending Agreement page 6 of 11
8. No Third Party Beneficiary. This Agreement shall be for the sole benefit of the Cities, and nothing
contained herein shall create a contractual relationship or special relationship with, or create a
cause of action in favor of, a third party against either Party hereto.
9. No Further Agreement/termination.This Agreement governs the entire terms and conditions
between the Cities respective Fire Department's lending of Backup Fire Apparatus subject to and
within scope of this Agreement. No further agreement shall be necessary for Cities' sharing assets
as set forth within scope of this Agreement. Further written agreement or written modification of
this Agreement shall be required in the event the Cities wish to lend assets outside the scope of
this Agreement. The Reciprocal Lending Agreement of Fire Equipment between the City of
Burlington and the City of Mount Vernon entered into on [ ] shall be terminated
replaced with this Agreement upon the effective date set forth herein.
11. Indemnification/Liability. Each Party agrees that, insofar as it is authorized to do so under the
laws of the State of Washington, it shall indemnify, defend, and hold harmless the other Party,
(including reasonable attorney fees and costs) its officials, officers, agents, employees, and
volunteers,from any and all claims, demands, damages, lawsuits, liabilities, losses, liens, expenses
and costs arising out of the subject matter of this Agreement as a result of their performance. The
Parties further agree that in the case of negligence by all or two, any damages, costs, or other
expenses allowed shall be levied in proportion to the percentage of negligence attributable to each
Party. Each Party specifically assumes potential liability for actions brought by that Party's own
employees, officials, officers, agents, and volunteers against the other Party and, solely for the
purpose of this indemnification and defense; each Party specifically waives any immunity it may
have under the State Industrial Insurance Law,Title 51 RCW. The Parties recognize that this waiver
of immunity under Title 51 RCW was specifically entered into pursuant to the provisions of RCW
4.24.115 and was the subject of mutual negotiation. Each Party shall be responsible for injuries or
death to its employees and volunteers while performing services under this Agreement.A Party
shall not be liable for benefits or any other compensation for injuries to or death of the other
Party's employees or volunteers while performing services under this Agreement.An employee or
volunteer of the employing Party shall be deemed to be performing services for the employing
Party when (i) enroute to, enroute from or at the scene of a call or emergency and (ii) when
enroute to, enroute from, a pickup of Backup Fair Apparatus from the Lending Municipality. This
Section shall survive any termination or expiration of this Agreement.
12. Non Waiver. It is expressly understood and agreed that this Agreement does not waive any
immunity or defense, including sovereign immunity,that would otherwise be available to a Party
against third-party claims arising from activities performed under this Agreement, nor is any
provision of this Agreement intended to create additional liability of the Parties for the acts of their
employees or volunteers.
13. Insurance. Each Party shall retain and maintain insurance or coverage by membership in an
insurance risk pool such as Washington Cities Insurance Authority that covers physical damage
(including physical damages to the Backup Fire Apparatus caused by collision,vandalism, malicious
destruction,theft or any other cause)to any Backup Fire Apparatus used in the performance of this
Agreement in an amount not less than the actual cash value of the Backup Fire Apparatus
throughout the term of this Agreement. Termination of coverage shall constituted material breach
entitling a non-breaching Party to immediately terminate this Agreement. Any Party that fails to
retain or maintain coverage pursuant to the terms of this Section shall immediately provide written
Cities Reciprocal Lending Agreement page 7 of 11
notice to the other Parties. A Party shall promptly provide insurance or WCIA coverage documents
relating to Backup Fire Apparatus used in the performance of this Agreement upon request.
14. Administration: The following individuals are designated as representatives of the respective
Parties. The representatives shall be responsible for administration of this Agreement and for
coordinating and monitoring performance under this Agreement. In the event such
representatives are changed,the party making the change shall notify the other party.
(a) The City of Mount Vernon's representative shall be the Mount Vernon Fire Chief
(b) The City of Burlington's representative shall be the Burlington Fire Chief
(c) The City of Anacortes' representative shall be the Anacortes Fire Chief
15. Manner of Financing: This Agreement shall not require further expenditure of funds in its
performance. Financing shall be achieved through existing and further approved budgets and
capital expenditures of their respective Fire Departments.
16. Notices. All notices to this Agreement shall be in writing, signed by the authorized official and sent
either by registered mail, certified mail, return receipt requested, personally delivered, or U.S. mail,
postage prepaid to the respective Party below. Notice will be deemed given on the date when one
of the following first occurs: (a)the date of actual receipt; (b)the next business day when notice is
sent express delivery service or a personal delivery, or(c)three days after mailing by first class or
certified U.S. mail.
(a) If to City of Burlington notice shall be sent as follows:
City of Burlington
c/o Contract Administrator
833 S Spruce Street
Burlington WA 98233
With Copy to:
City of Burlington Fire Chief
350 Sharon Avenue
Burlington WA 98233
(b) If to the City of Mount Vernon notice shall be sent as follows:
City of Mount Vernon
c/o Contract Manager
910 Cleveland Avenue
Mount Vernon WA 98273
With Copy to:
City of Mount Vernon Fire Chief
1901 N Laventure Rd
Mount Vernon, WA 98273
Cities Reciprocal Lending Agreement page 8 of 11
(c) If to the City of Anacortes notice shall be sent as follows:
City of Anacortes
Contract Specialist
P.O. Box 547
Anacortes WA 98211
With Copy to:
City of Anacortes Fire Chief
1016 13th Street
Anacortes WA 98221
17. Miscellaneous
(a) Governing Law. This Agreement shall be governed, interpreted and enforced by the laws of the
State of Washington.
(b) Authority to Enter. Each Party signing this Agreement represents and warrants to the other
that it has authority to execute this Agreement on behalf of the City for which it is signing and
it is a binding obligation of the City.
(c) Modification or Amendment. This Agreement represents the entire Agreement and
understanding between the Parties, and supersedes all other oral or written agreements
between the Parties with respect to this subject matter. Any modifications, amendments,
rescissions, waivers or releases to this Agreement must be in writing and agreed to by all
Parties. This Agreement does not speak to mutual assistance agreements and will remain a
separate Agreement.This Agreement shall not supersede nor serve as to repeal any existing or
future mutual aid agreements.
(d) Compliance with Law and Regulations. The Parties agree to comply with all applicable state,
local and federal laws and regulations in providing services under this Agreement.The Parties
agree to cooperate in executing such further or subsidiary agreements as may be required.
(e) Severability. If for any reason any provision of this Agreement is held invalid by a court of
competent jurisdiction, such holding shall not affect, impair or invalidate the remaining
provisions of this Agreement but shall be confined in its operations to the specific sections,
sentences, clauses or parts of this Agreement and shall not affect or prejudice in any way the
validity of this Agreement in any other instance.
(f) Interpretation. Both Parties to this Agreement are to be construed as a drafter of this
Agreement.
(g) Counterparts. This Agreement may be entered into any number of counterparts which, when
taken collectively, will constitute one entire Agreement.
(h) Recording/website. Each Party shall record this Agreement with its respective clerk.
(i) Venue. Jurisdiction and venue for any action arising out of this Agreement shall be in the
Superior Court of Skagit County, Washington.
Cities Reciprocal Lending Agreement page 9 of 11
IN WITNESS,the Parties below execute this Agreement, which shall become effective on the last date
entered below.
CITY OF BURLINGTON: CITY OF MOUNT VERNON: CITY OF ANACORTES:
By: By: By:
Steve Sexton Jill Boudreau Laurie Gere
Print Name: Print Name: Print Name:
Its Mayor Its Mayor Its Mayor
DATE: DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
City of Burlington City of Mount Vernon City of Anacortes
Contract Mngr. & Fire Chief Contract Mngr. & Fire Chief Contract Mngr. & Fire Chief
833 S Spruce Street 910 Cleveland Street P.O. Box 547
Burlington WA 98233 Mount Vernon WA 98273 Anacortes WA 98211
(360)755-0531 (tel) (360) 336-6239 (tel) (360) 293-1925 (tel)
(360)755-1297 (facsimile) ( ) - (facsimile) (360)293-1965 (facsimile)
Cities Reciprocal Lending Agreement page 10 of 11
IN WITNESS,the Parties below execute this Agreement,which shall become effective on the last date
entered below.
CITY F BU INGTON: CITY OF MOUNT VERNON: CITY OF A ACORT S:
r�
By: By' r
Steve Sexton Jill oudreau Laurie Gere
Print Name:Steve_Sek-kor\ Print Name: "�O11°4 14" Print Name: I ndiAe P 4e,e,
Its Mayor Its Mayor Its Mayor
DATE: 2f Z��r�" DATE:" 11 i I DATE: /- . rtj
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
City of Burlington City of Mount Vernon City of Anacortes
Contract Mngr. &Fire Chief Contract Mngr. &Fire Chief Contract Mngr. &Fire Chief
833 S Spruce Street 910 Cleveland Street P.O. Box 547
Burlington WA 98233 Mount Vernon WA 98273 Anacortes WA 98211
(360)755-0531 (tel) (360)336-6239(tel) (360)293-1925(tel)
M755-1297(facsimile) { }_ (facsimile) (360)293-1965(facsimile)
Cities Reciprocal Lending Agreement page 10 of 11
EXHIBIT A
City of Burlington Apparatus:
• 1802—Command Vehicle
• 1812—Engine
• 1819—Aid Unit
City of Mount Vernon Apparatus:
• E112—Engine
• E121—Engine
• M119—Aid Unit
• M129—Aid Unit
• B110—Command Vehicle
City of Anacortes Apparatus:
• 2915—Quint
• 2922—Engine
• M18— Medic Unit
• B110—Command Vehicle
Cities Reciprocal Lending Agreement page 11 of 11