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Home My WebLink AboutIL028 Interlocal Agreement FIRE PROTECTION AND EMERGENCY MEDICAL AGREEMENT This Agreement is entered into between Skagit County Fire Protection District No. 13, a municipal corporation, referred to as "District", and the City of Anacortes, a municipal corporation, referred to as "City" This Agreement is entered into by the City and. the District under the authority of RCW 52.12.031, in conformity with Chapter 39.34 RCW, the Interlocal Coopera- tion Act, and in compliance with Chapter 36.115 RCW. The City and the District each currently maintain and operate their own fire depart- ments. Chapter 36.115 RCW authorizes the establishment of Service Areas that cross municipal boundaries, and it provides for Service Area Agreements under which municipal corporations may provide specific services within the corporate boundaries of another municipality for compensation. On March 2, 1999, the City annexed an area commonly known as the South March Point Light Industrial Area, more particularly described in Exhibit A. The District has continued to collect property taxes from the annexed area, and, in accordance with RCW 35A.14.400, has continued to provide fire and emergency medical services. After December 31, 2000, however, the District will no longer collect property taxes from this area, and its obligation to provide services will cease. As it has in the past, the District has the ability to continue to provide fire protection and emergency medical services to the South March Point area. To carry out the purposes of this Agreement, and in consideration of the benefits to be received by each party, it is agreed as follows: 1. Term. This Agreement shall be effective on January 1, 2001, and shall remain in effect-through January 1, 2002 with the option for yearly renewal if agreed to by both parties. 2. Service Area. This Agreement applies only to the Service Area described above and is separate from any existing mutual aid agreements. 3. Services. The District agrees to furnish fire protection, emergency medical, and hazardous material incident response services to all properties and persons located. in the Service Area, including all City owned or leased real and personal property. 1 t_ The City recognizes that the District is an all-volunteer rural fire depar' inent that does not have a manned station The level of service provided to the Service Area will be rendered on the same basis as such protection is rendered to other areas within the District. The District assumes no liability for failure to do so by reason of any circumstances beyond its control. In the event of simultaneous fire, medical aid, or other emergency calls within or outside of the Service Area, such that equipment or capabilities of the District are taxed beyond its ability to render equal protection, the officers and agents of the District shall have discretion as to which call shall be answered first The District shall be the sole judge as to the most expeditious manner for handling and responding to emergency calls. 4. Limitation of Services. The parties agree that the District assumes no duty to provide building inspection services that might be required under the Uniform Building Code or the ordinances of the City. The City acknowledges that the District,by statute, has no authority or duty to enforce any provisions of such code or the ordinances of the City within the Service Area, including bum permits. 5. City Codes and Fire Mains. The City agrees to enact and enforce building and lire codes in the Service Area at a level at least equal to the codes and enforcement provided by Skagit County prior to annexation. The City agrees to install in the Service Area fire mains and hydrants as required for urban level of service in the 1993 Consolidated Water System Plan (CWSP) for Skagit County, as amended. 6. Building Identification. Within the Service Area, the District agrees to com- plete and maintain the re-addressing and building identification program instituted by Skagit County. 7. Responses. The District makes no guarantee or assurance of providing re- sponses within any specific period of time or of the number and types of equipment or the number of personnel who will respond at any particular emergency. The duty of the District to provide emergency services under the provisions of this Agree- ment is a duty owed to the public generally and, by entering into this agreement, the District does not incur a special duty to the City. 8. Incident Command. The City and the District agree to establish Unified Command for incidents occurring within the Marches Point Annexation boundary. 7 9. Police Support. In the event the District shall require police assistance at the scene of any emergency within the Service Area, the City agrees to provide the necessary police support services as available_ 10. Payment by City for Services. In exchange for the District services, the City agrees to pay to the District the sum of $25,000. Payment shall be made in two equal installments on May 1 and November 1, 2001. 11. Asset Transfer. The City will not invoke the asset transfer provisions of RCVS 35A.14.400 in connection with its annexation of a portion of the District. 12. Liability. Each of the parties shall, at all times, be solely responsible for the acts, or the failure to act, of its personnel as such acts may occur or arise in any way out of performance under this Agreement. Each of the parties agrees to save and hold the other party and its personnel and officials harmless from all costs, ex- penses, losses, and damages, including cost of defense, incurred as a result of any acts or omissions of the party's personnel relating to the performance of this Agreement. 13. Insurance. The District will continue in effect its current insurance program for all facilities, equipment, personnel, and operations of the District. The insur- ance shall include all risk property insurance, insuring the District equipment and buildings at replacement cost; general liability insurance, including errors and. omissions coverage, with a policy limit of not less than $14,000,000.00; complete auto insurance, including comprehensive and collision coverage, and liability coverage with a limit of not less than $2,000,000.00. 14. Property Ownership. All property acquired by the District to enable it to perform the services required under this Agreement shall remain the property of the District in the event of termination of this Agreement. 15. Maps. The City shall periodically furnish to the District updated charts or maps showing all roads and hydrants in the Service Area. 16. Notification. The City agrees to notify the District by telephone and in writing in the event that the City makes any changes in the roads or street network, or either temporarily or permanently closes any road or street, within the Service Area. n J 17. Notices. All notices, requests, demands, and other communicatio&required by this Agreement shall be in writing and, except as expressly provided elsewhere in this Agreement, shall be deemed to have been given at the time of delivery, if personally delivered, at the time of transmittal, if transmitted by facsimile trans- mission, or at the time of mailing, if mailed by first class postage pre-paid and addressed to the party at its address as stated in this Agreement, or at such other address as any party may designate at any time in writing. 18. Severability. If any provision of this Agreement or its application is held to be invalid, the remainder of the Agreement, or the application of the remainder, shall not be affected. 19. Modifications. This Agreement represents the entire Agreement between the parties. No changes, termination, or attempted waiver of any of the provisions of this Agreement shall be binding on either party unless executed in writing by authorized representatives of each party. The Agreement shall not be modified, supplemented, or otherwise affected by the course of dealing between the parties. 20. Benefits. This Agreement is entered into for the benefit of the parties to this Agreement only and shall not confer benefits, direct or implied, on any third party. 21. Arbitration. Any controversy which may arise between the City and. the District regarding the rights, duties, or liabilities of either party shall be settled by arbitration. Such arbitration shall be before one disinterested arbitrator, if one can be agreed upon, otherwise before three disinterested arbitrators, one named by the City, one named by the District, and one named by the two thus chosen. The arbi- trator or arbitrators shall resolve the controversy in accordance-with the laws of the state of Washington as applied to the facts found by the arbitrator or arbitrators. 22. Attorney Fees. In the event of arbitration, the prevailing party, in addition to costs, shall be entitled to reasonable attorney fees as determined by the arbitrator or arbitrators. 23. Non-Exclusive Agreement. The parties to this Agreement shall not be pre- cluded from entering into similar agreements with other municipal corporations or private entities. 4 - • Dated this / 2 day of ) b"2'-c.e , 2000 CITY OF ANACORTES SKAGIT COUNTY FIRE PROTECTION DISTRICT No. 13 L H. Dean Maxwell, Mayor Douglas . Ave , Ch Box 547 Box 532 Anacortes, WA 98221 La Conner, WA 98257 5