HomeMy WebLinkAboutFranklin Co Public Hospital District 1 - Transfer Emergency Medical EquipmentINTERGOVERNMENTAL TRANSFER AGREEMENT
EMERGENCY MEDICAL EQUIPMENT
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THIS AGREEMENT is entered into this � A4
day of 1#relr, 2012, between the City
of Pasco, a Washington Municipal Corporation, he6inafter referred to as "City", and the
Franklin County Public Hospital District No. 1, hereinafter referred to as "District."
WHEREAS, the City owns emergency medical equipment, more particularly described
in Exhibit A attached hereto, which equipment has become surplus to the needs of the City; and
WHEREAS, the District has an immediate need for such emergency medical equipment;
and
WHEREAS, RCW 39.33.010 et seq. provides that any municipality or any political
subdivision of the State may transfer or otherwise dispose of any property to another
municipality or political subdivision on such terms and conditions as may be mutually agreed
upon by the proper authorities of the municipalities and political subdivisions concerned; and
WHEREAS, the value of the emergency medical equipment is below the threshold
requiring a hearing on such transfer as required by RCW 39.33.020. NOW, THEREFORE,
IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN,
it is agreed by and between the parties as follows:
1. The City does hereby transfer ownership to the District of all emergency medical
equipment listed in Exhibit A, attached hereto, hereinafter referred to as "equipment" effective
on the day of 2012. By such transfer, this Agreement constitutes the Bill
of Sale for such equipment.
2. The District accepts the above - described equipment in its "as is" and "where is"
condition without any warranties including, but not limited to, fitness for the purpose of which
the District intends to use the equipment. All risk of loss and obligations shall pass as of the date
of transfer, and shall be the sole responsibility of the District.
3. The District shall defend, indemnify and save harmless the City, its agents and
employees, from and against any claims, damages, loss or expense arising out of the ownership,
use, condition or maintenance of the equipment from and after the day of transfer.
4. The City agrees to sell and the District agrees to buy the equipment for the
purchase price of Twenty Thousand Dollars ($20,000.00). The District agrees to make monthly
payments beginning March , 2012, and continuing each month thereafter for a total of ten
(10) months. Each payment shall be Two Thousand Dollars ($2,000.00). No interest shall apply
to the purchase price or monthly payments. The first payment shall be due upon execution of
this Agreement and transfer of the equipment, and subsequent payments thereafter shall be due
on the 1 st day of each month. Payments not made within thirty (30) days of the due date shall be
considered late and in default of this Agreement, and shall accrue interest at 12% per annum.
Intergovernmental Transfer Agreement - 1
5. This Agreement constitutes the whole agreement between the City and the
District. There are no terms, obligations, covenants, or conditions other than those contained
herein. No modification or amendment of this Agreement shall be valid and effective unless
evidenced by an agreement in writing signed by both parties.
6. The terms, covenants and agreements contained herein shall extend to and are
binding upon the successors and assigns of the parties hereto.
7. In the event of a dispute resulting from or relating to this Agreement or the
transactions contemplated by this Agreement, the parties, shall first meet in a good faith effort to
resolve the dispute. In the event the dispute cannot be resolved by agreement of the parties, said
dispute shall be resolved by binding arbitration pursuant to the RCW 7.04A, as amended, and the
Mandatory Arbitration Rules (MAR); venue shall be placed in Franklin County, Washington, the
laws of the State of Washington shall apply; and the prevailing party shall be entitled to its
reasonable attorney fees and costs.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the
day and year hereinabove first written.
CITY OF PASCO
Matt Watkins, Mayor
iprov o Form:
Leland B. Kerr, City Attorney
Intergovernmental Transfer Agreement - 2
FRANKLIN COUNTY PUBLIC
HOSPITAL DISTRICT NO. 1
4 —1
J< . Earl oker, Chief Executive
EXHIBIT A
INTERGOVERNMENTAL TRANSFER AGREEMENT
EMERGENCY MEDICAL EQUIPMENT
Equipment
Four (4) Medtronic, Defibrillator /Monitor Series
Model: LifePakl2
Serial Numbers:
33069023
33069024
33069025
33069026
2. Three (3) Physio- Control Redi - Charge battery adapters
Part Number 3300090 -001
3. Twelve (12) Physio - Control LifePak 12 Li -ion batteries
Part Number 3207745 -000
4. Three (3) Medtronic LifePak 12 Defibrillator/Monitor serious operating instructions