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8/2/04 •
<br /> AGREEMENT
<br /> THIS AGREEMENT entered into this 1st day of August, 2004,by and between the City of
<br /> Everett, a municipal corporation,hereinafter referred to as the "CITY", and the Marysville Fire
<br /> District,hereinafter referred to as the "MFD".
<br /> WHEREAS,the MFD provides maintenance and repair services to other Snohomish County
<br /> local government agencies vehicles and equipment, hereinafter referred to as"MFD Vehicles",
<br /> through individual Interlocal Agreements, and
<br /> WHEREAS, the MFD currently does not have the equipment or expertise to perform proper
<br /> service,maintenance, and testing of various communications equipment installations, and
<br /> WHEREAS,the CITY has the facilities for service,maintenance, and testing of various
<br /> communications equipment, through its Motor Vehicle Department(MVD), and
<br /> WHEREAS, the MFD desires to have the CITY perform the service, maintenance and testing of
<br /> various communications equipment installed in MFD Vehicles,
<br /> NOW THEREFORE, the parties mutually agree as follows:
<br /> 1. CITY agrees to service and test equipment serviced or maintained by MFD
<br /> ("Equipment"), at the City Service Center, 3200 Cedar, Everett,Washington. Equipment
<br /> is described in Attachment A, which is herein incorporated by reference. MFD may add
<br /> or delete equipment to this list by making a written request to MVD. All additions must
<br /> be approved by MVD in writing before any services can be performed.
<br /> 2. MFD agrees to follow any rules and procedures established by MVD for service,
<br /> maintenance and testing of Equipment.
<br /> 3. 'MFD agrees to pay CITY for service,maintenance or testing of Equipment, according to
<br /> the schedule in Exhibit B. The CITY agrees to provide MFD a monthly statement for its
<br /> service,maintenance, and testing of Equipment. Upon MFD's receipt of the monthly
<br /> statement,MFD agrees to remit payment to the City within ten (10) days of the 1st of the
<br /> month following the month in which the statement is received.
<br /> 4. MFD does release, indemnify and promise to defend and save harmless the City, its
<br /> officers, employees and agents from and against any and all liability, loss, damage,
<br /> expense, actions and claims, including costs and reasonable attorney's fees incurred by the
<br /> City, its officers, employees and agents in defense thereof, asserting or arising directly or
<br /> indirectly on account of or out of the performance of service pursuant to this Agreement;
<br /> provided, however,this paragraph does not purport to indemnify the City against liability
<br /> for damages arising out of bodily injuries to persons or damages caused by or resulting
<br /> from the sole negligence of the City, its officers, employees and agents.
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