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HomeMy WebLinkAboutIL167 Interlocal Agreement STATION USE AND CONSTRUCTION INTERLOCAL THIS STATION USE AND CONSTRUCTION JNTERLOCAL ("Agreement") is entered into as of this /A day of i . , 201Apetween SKAGIT COUNTY FIRE PROTECTION DISTRICT NO. 13 ("DISTRICT"), and"the CITY OF ANACORTES ("CITY"). RECITALS A. The DISTRICT owns a fire station located at 8652 Stevenson Road, Anacortes, Washington 98225"Station." B. The CITY has a need for space in the Station to house a CITY Ambulance and a CITY Fire Engine and crew. C. This Agreement is entered into by the CITY under the authority of RCW 35A.11.040, the DISTRICT under the authority of RCW 52.12.031, and in conformity with chapter 39.34 RCW, the Interlocal Cooperation Act. AGREEMENT 1. Use and Construction of Station by CITY. The DISTRICT agrees to allow the CITY the nonexclusive use of the Station for the following purposes: 1.1. Stationing of a CITY Ambulance, Fire Engine, and Crew; 1.2. The CITY shall construct quarters and bay space (the "City Addition") to facilitate the CITY'S exclusive use thereof for stationing of the CITY'S Fire Engine, and quartering of its Crew. The conceptual layout and approximate dimensions of the City Addition is depicted in Appendices B & C hereto; the parties recognize that the exact location, size and design of the City Additions will be determined pursuant to plans and specifications developed and approved as set forth in paragraph 1.4 below. 1.3. The DISTRICT shall allow the CITY exclusive use of an existing bay space adjacent to the new bay space addition to facilitate stationing an Ambulance. In lieu of lease or rent payments, the DISTRICT is granted permission to utilize the CITY's fire engine for automatic aid and Washington Survey and Rating Bureau credit. In lieu of the infrastructure cost of the bay space, the CITY will provide and bear the costs of a connection to CITY sewer service for the entire building. Monthly sewer fees will be apportioned under Section 9, Utilities. 1.4. The architect shall be selected by a committee of one Fire Chief and Fire Commissioner from the DISTRICT, and one Fire Chief and Council Member from the City. The DISTRICT shall have the right to reasonably approve the property location, and plans of the City Addition and modification of existing facilities prior to construction. The City shall be responsible for obtaining, and for paying the cost of, all necessary permits, design and construction of the City Addition. The City Addition and modifications shall be constructed in compliance with all applicable laws, including public works and prevailing wage statutes. The CITY shall ensure that any construction contract includes a waiver of Industrial Insurance Act immunity under Chapter 51 CW as respects claims against the DISTRICT; 1.5. Use of public meeting room as scheduled through the DISTRICT; and 1.6. As a response base for responses into the CITY and for mutual and automatic aid responses outside of the City. 2. Use of Station by DISTRICT. The DISTRICT shall continue to use all portions the Station for the following purposes: 2.1. Stationing of apparatus in the DISTRICT apparatus bays, except for the bay space used by the CITY for the ambulance. Any additions made by the DISTRICT after the effective date of this agreement shall also be utilized by DISTRICT. 2.2. Use of all DISTRICT spaces, including the Public Meeting Room; and 2.3. As a response base for responses into the DISTRICT and for mutual and automatic aid responses outside of the fire district. 3. Shared Use of Engine, Equipment, and Supplies. The parties agree that properly trained and qualified personnel of both the DISTRICT and the CITY shall have use of the CITY's and DISTRICT's apparatus housed at the Station, after written approval from both Fire Chiefs. In addition, the equipment and supplies listed on the attached EXHIBIT A are owned by the DISTRICT but shall be available for use by both the CITY and the DISTRICT. 4. Mutual Cooperation and Respect. Each party shall require all personnel using the Station to be respectful of each party's personnel and to create a welcoming and mutually respectful relationship between the various users of the Station. 5. Priority of Use of Station, Engine, and Equipment. The Station shall be available for use by the DISTRICT and the CITY. In the event of the need for simultaneous use arises, priority shall be given to emergency uses directly related to threats to life, safety, and property. In the event of conflicting emergency uses, the DISTRICT shall have the sole discretion to determine the priority of use of its Station. The CITY shall have the sole discretion to determine the priority of use of its Apparatus and equipment. Jointly staffed operations using the apparatus and equipment shall be permitted only under written procedures jointly adopted by the Fire Chiefs of the CITY and the DISTRICT. 6. Term. This Agreement shall be effective on the date of mutual execution and shall continue until terminated in accordance with paragraph 7. 7. Termination. Either party may terminate this Agreement with twelve (12) months' written advance notice. In addition, the DISTRICT may terminate this Agreement if the CITY is in breach of any term of this Agreement and fails to cure such breach within thirty(30) days from receipt of a written notice to cure the breach; provided, however, if the breach cannot reasonably be cured within such period, the CITY shall not be deemed to be in breach if, within this period, it commences to cure and then diligently completes such curing. 8. Consideration. In consideration for the use of the Station, the CITY shall provide the following: 9. Utilities. The CITY shall pay for a percentage of all utilities; water, sewer, garbage, alarm monitoring, etc... supplied to the Station by a calculation of the proportion of the square footage multiplied by the hours of the day scheduled to be occupied resulting in an "Aggregate Utility Percentage". Example: CITY DISTRICT Square Foot Occupied 2000 3000 Percent of Square Foot 40% 60% Hours Scheduled per Day 12 2 Percent of Hours 86% 14% Aggregate Utility Charge 63% 37% 9.1. All utility bills shall be promptly paid by the DISTRICT which shall in turn invoice the CITY for its share thereof. The CITY shall reimburse the DISTRICT for the CITY'S share within 30 days of receipt of any such invoice. 9.2. The CITY shall install a sign on the front of the Station identifying the DISTRICT and CITY Fire Department as joint users of the Station. The design, content, and location of the sign is subject to reasonable approval of the DISTRICT. 9.3. The CITY shall replace the flags at least annually. 9.4. The CITY shall lower/raise the flags to fulfill Governor requests. 9.5. The CITY shall maintain and repair, when needed, the Flag pole light(s). 9.6. The CITY shall be solely responsible for regular station cleaning of the spaces added to the facility by the CITY. 10. Capital Funds. The CITY shall set aside 2/10 of 1% of the assessed value of the fire station including property and buildings into a fund managed by the City for the DISTRICT Fire Station. This amount will be adjusted by mutual agreement of the parties on an annual basis. To be used as follows: 10.1. To implement major capital repairs or improvements that directly effect the CITY's ability to continue to use the portion of the Station occupied by the CITY , The CITY and the DISTRICT shall mutually decide the extent and nature of such improvements, however the DISTRICT shall have sole discretion as to whether such repairs or improvements will be made. In the event the DISTRICT determines, for any reason, not to make the major repairs or improvements, both parties agree to enter into mediation with a third party mediator in which the costs are equally shared. 11. Building Expenses. The CITY shall contribute annually, a proportional share for the joint facility expenses for the building on the exterior and interior of the building by the following allocation. Minor Repairs will be defined as those costing less than 1/10 of 1% of the building assessed value 11.1. Exterior. The allocation shall be divided equally between both parties.. 11.1.1. Minor Repairs, such as exterior wall repairs, damaged trim, paint, temporary roof repairs, replacement light fixtures, concrete pad repairs, gravel and paving repairs, minor plumbing, electrical, etc.... 11.2. Interior. The costs shall be divided equally between both parties. 11.2.1.Appliance repairs, flooring, interior paint, doors/trim, light fixtures, replacement ceiling tiles, fixture repairs, etc.... 11.3. Combined areas. The allocation shall be divided equally between both parties. 11.3.1. Repairs to the H.V.A.C. System, sprinkler, fire alarm, exhaust system, emergency generator, electrical plumbing serving both areas, etc... 12 Maintenance and Repairs. The CITY shall perform a walkthrough of the Station within thirty (30) days of the effective date of this Agreement to document the existing condition of the Station. The CITY shall, at the City's sole expense, keep the interior and exterior of the Station in as good order and repair as it is at the date of the commencement of this Agreement, reasonable wear and tear and damage by accidental fire or other casualty excepted. 12.1 In the event the actions of a DISTRICT official or employee damages the Station, the DISTRICT shall be responsible for the cost of repairing such damage. 12.2 The CITY shall be liable for any damage to the Station caused by the CITY, its officers, employees, agent's acts or neglect other than normal wear and tear. The CITY shall also be liable for any damage to the Station that CITY permits to be caused by a CITY invitee, licensee, or any person acting under City's control. 12.3 The CITY shall immediately notify the DISTRICT of needed repairs of the Station by sending written notice to the DISTRICT and by calling the DISTRICT's duty chief. 12.4 The DISTRICT shall inspect all portions of the Station quarterly to identify any maintenance or repair required under this Agreement. 13 Property Ownership. All personal property acquired by the CITY related to the use of the Station, including all construction materials and fixtures related the City's Addition, shall remain the property of the CITY. All property acquired by the DISTRICT related to the use of the Station, shall remain the property of the DISTRICT in the event of the termination of this Agreement. The Station shall remain the sole property of the DISTRICT and this Agreement does not create any ownership interests in the Station by the CITY or any other entity or individual. In the event of the termination of this Agreement the DISTRICT shall have the obligation to purchase the City Addition from the CITY for the fair value of the City Addition, but in no event shall the fair value exceed the City's cost of constructing the City Addition, including the depreciation of installed appliances. Payment shall be made to the CITY in cash for a reasonable payback period agreeable to each party of this agreement. 14. Alterations. Other than the City's Addition, the CITY shall not make any alterations, additions, or improvements to the Station without the written consent of the DISTRICT. Any alterations, additions, or improvements made by the CITY shall become property of the DISTRICT upon termination of this Agreement; provided, however, that the CITY shall have the option to remove such fixtures and restore the Station to its original condition at the CITY's cost. 15. Indemnification/Hold Harmless. 15.1. The CITY agrees to assume responsibility for all liabilities that occur or arise in any way out of the use of the Station and shared equipment by the CITY, its elected officials, officers, employees and agents, and to save and hold the DISTRICT, its elected officials, employees, and officers harmless from all costs, expenses, losses, and damages, including the costs of defense, incurred as a result of any acts or omissions of the CITY, its elected officials, officers, employees, agents, or guests during the use of the Station and shared equipment. For purposes of this indemnification, the DISTRICT, its elected officials, officers, and employees, shall not be considered to be agents of the CITY. 15.2. The DISTRICT agrees to assume responsibility for all liabilities that occur or arise in any way out of the use of the Station and shared equipment by the DISTRICT, its elected officials, officers, employees, and agents, and to save and hold the CITY, its elected officials, employees, and officers harmless from all costs, expenses, losses, and damages, including the costs of defense, incurred as a result of any acts or omissions of the DISTRICT, its elected officials, officers, employees, agents, or guests during the use of the Station and shared equipment. For purposes of this indemnification the CITY, its elected officials, officers, and employees, shall not be considered to be agents of the DISTRICT. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES EACH PARTY'S WAIVER OF IMMUNITY UNDER THE INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY TO CARRY OUT THE PURPOSES OF THIS INDEMNIFICATION CLAUSE. EACH PARTY FURTHER ACKNOWLEDGES THAT IT HAS MUTUALLY NEGOTIATED THIS WAIVER. 16. Insurance. 16.1. Each party shall procure and maintain comprehensive general liability policy covering all claims for personal injury(including death) and/or property damage (including all real and personal property located on or in the Station) arising at the Station or arising out of the parties' performance of their obligations under this Agreement by their elected officials, officers, employees, and agents. The limit of liability should not be less than one million ($1,000,000.00) dollars for each occurrence and two million ($ 2,000,000.00) dollars aggregate. Each party list the other party as an insured on such policy and shall arrange for proof of such policy and prior notice of cancellation of such policy to be delivered to the other party. 16.2. Participation in a self-insured governmental risk pool will satisfy the insurance requirements herein. Proof of the CITY's insurance coverage shall be available to the DISTRICT by looking at the coverage documents provided by Washington Cities Insurance Authority(WCIA). 16.3. The DISTRICT shall maintain casualty insurance on the Station at full replacement value for, at a minimum fire, wind, water leakage earthquake damage and the CITY shall be an insured on the policy to the extent of its interest in the station. The District shall arrange for proof of such policy and prior notice of cancellation of such policy to be delivered to the City. Should such policy not be maintained by the DISTRICT, the CITY may acquire such policy and charge the cost thereof to the DISTRICT. 17. Casualty Loss. 17.1. The parties hereto agree that the DISTRICT shall not be responsible to the CITY for any property loss or damage done to the CITY's fixtures and equipment occasioned by reason of any fire, storm, or other casualty whatsoever beyond the control of the DISTRICT. The DISTRICT shall insure its fixtures and equipment for casualty loss. The CITY shall insure its fixtures and equipment located on the Premises. 18. Miscellaneous. 18.1. Assignment. The CITY shall not assign its rights under this Agreement without the prior written consent of the DISTRICT. 18.2. Entire Agreement/Modification. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations or discussions with respect thereto. This Agreement may be amended or modified by written instrument signed by the parties. 18.3. Publication on Website. Upon execution hereof, this Agreement shall be listed on each party's website, if available, in compliance with RCW 39.34.040. The failure to correctly list this Agreement shall not nullify any term of this Agreement. 18.4. Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of this Agreement, unless notified to the contrary. Any written notice hereunder shall become effective upon personal service or three (3) business days after the date of mailing by first class or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. 18.5. Authorization. Each party does hereby represent and warrant to the other that it is duly authorized to enter into and to carry out the terms of this Agreement. 18.6. Administration. To carry out the purposes of this Agreement, a two-person committee is hereby created to administer this Agreement("Committee"). The Committee shall consist of the Fire Chiefs of the DISTRICT and the CITY. The Committee shall meet no less than four (4)times per year to discuss the performance of the obligations of the CITY and the DISTRICT pursuant to this Agreement; provided that either member of the Committee may call additional meetings as deemed appropriate. In the event of a dispute regarding the interpretation or application of the Agreement, the Committee shall attempt to resolve the dispute. In the event the Committee cannot resolve the dispute, the Committee shall refer the dispute to the CITY Mayor and the Chair of the DISTRICT's Board of Commissioners. In the event the Mayor and Chair cannot resolve the dispute, the dispute shall be resolved in accordance with Paragraph 16.7. 18.7 Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties or the Committee are unable to settle any dispute, difference, or claim arising from the parties' performance of this Agreement in accordance with Paragraph 16.6, the exclusive means of resolving that dispute, difference, or claim, shall only be by filing suit exclusively under the venue, rules, and jurisdiction of the Skagit County Superior Court, Skagit County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit arising from the parties' performance of this Agreement, each party shall pay all its own legal costs and attorneys' fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the parties' right to indemnification under this Agreement 18.8. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original but all of which, taken together, shall constitute but one and the same instrument. 18.9. Municipal Authorization. This Agreement shall be executed on behalf of each party by its duly authorized representative and pursuant to an appropriate resolution or ordinance of the governing body of each party. • The parties hereby execute this Agreement as of the day and year first set forth above. DISTRICT: CITY: SKAGIT COUNTY FIRE PROTECTION CITY OF DISTRICT NO. 13 ANACORTES f 4441 By: �„ t-' By: J' /1/0,,AtA/ Print Name: tZ wt es b. Cayet),' Print Name: H. .i)exh /, fca)eu,e Its: /4044,v..spi'a.te.r Its: rn 'fo'2 - DATE: y-- 4-/3 DATE: z/1Ii1f3 DISTRICT: DISTRICT: SKAGIT COUNTY FIRE PROTECTION SKAGIT COUNTY FIRE PROTECTION DISTRICT NO. 13 DISTRICT NO. 13 By: C_.� 12/44 By: ac;7_1/417 Print Name: si Print Name: DO 7/4 S - ,l k y Its: co s-rr rn c IS.o/u et. Its: DATE: i/= ?- i 3 DATE: "� -l 3 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Po . ©X CC- '? (360) 44t0313s (telephone) (360) (telephone) (360) � ' 6524 (facsimile) (360) (facsimile) „ �`o111111/,l• NORN i/a i 6k pi piq % I t 114")C.4k 4#41 STATE OF WASHINGTON, ) AS� ' ' � ss. '%i a-%, Of�1�' � COUNTY OF SKAGIT ) ��� HMSO'�, I certifythat I know or have satisfactoryevidence that/2er� .cm�<<sc, signed this instrument, on oath stated t hze as authorized to execute e ' strument and acknowledged it as theg;Y,,i-k of SKAGIT COUNTY FIRE PROTECTION DISTRICT NO. 13, to be the free and voluntary act of such entity, for the uses and purposes mentioned in the instrument. SUBSCRIBED AND SWORN TO before me one - , 2012 geIrr' No ar blic in and forte ate of Washington, Residing in�Q(nyi,vL. L _ My appointment expires I - 4-1'-} STATE OF WASHINGTON, ) ) ss. COUNTY OF SKAGIT ) I certify that I know or have satisfactory evidence that libectfrt 11,(6114,t)e q signed this instrument, on oath stated that he was authorized to execute the instrument an acknowledged it as the "Wc�/,4� of CITY OF -;Ati.4,`�00-e4-, to be the free and voluntary act of such entity, for the uses and purposes mentioned in theinstrument.7 SUBSCRIBED AND SWORN TO before me on - it ` , 201-9- 13 1:,ice, ,:', - aS r /11- Y �n.+�nuh Ndtary Public in and for the State of 4414c. STA , ' Washington, Residing in t,� �„,..�p"'"tlh,A. -4,, My appointment expires -2? - (c , �O;.�ss qh-,� • ”.V +� Mi i i• s ‘G - a+w�" .- EXHIBIT A STATION 13-1 INVENTORY 1. Air Fill Station- for Self Contained Breathing Apparatus (SCBA) tanks EXHIBIT A STATION 13-1 INVENTORY 1. Air Fill Station- for Self Contained Breathing Apparatus (SCBA) tanks appendix B New 20x46 bay for _ _ city apparatus o" -� i._.. i 1 new structural ; - - - - - - - - �== ' framed wall • I Existing Summit Park 1 _1 1 add roof to wall 1 1 s_-.t.r, 1, o Volunteer Fire connection I a Department bldg. 1 I 1 1 ZYst- 1 1 1 6' clearance • IIi" •I 1 1 . , I I ' ,1 1 TO 1 I 1 I 1 1 1 . pl.... i � jJ1J' . henette day room 1 1 bdrm 1 40, bdrm i accessible Iau bathroom 1 accessible I bathroom • `► 1 ,ram _ _a I d� - 1 New City sleeping and jam' bdrm 3 bdr 4 I 1 day room addition i Ir �•1.4 i I on ilk 1 ' T Summit Park Underwood &associates ‘' • 1005 4th street ` Fire Station anacortes, wa 98221 •1 appenaix t, 1005 Fourth Street Anacortes,WA 98221 Voice: 360-588-0471 ., underwood and associates, Ilc , ...._ ._ ,-.‘, i.,, , ,,, , .A ai ., Conceptual Images August 24, 2012 -�-�__ .. ---.�� _. :Mom' 1 5 " n I'_ ., f , -,,-,''''-- .,,,, 4 .. ht, . It 1 View from northeast 1 a ■ r. •N. i ''` "'` z------___-__ _- . Entry to living quarters Page 1 of 5 r, _.ma ' .t. ,.. I ii .., . 11,11 III 1 WOW ip .,�� �_ r= �! � � rilb -r-- alL -Ns- ..`z.--.4! l'airp b O 111111 k / - .ity View to south from day room -I,f / I 1 Its:T4---- 'kIJ r =� •- -- _ _ -,-_-_- - . __ __ ______ _._ __________ __________________ ________ ______. _________ _ . , ,, ..., . ..„ :., „. ., ,,,,,±....._ .....,..........:.: • • View to kitchen Page 2 of 5 I i =74 l .i� 1 l "' _P__ a . _ d _. 1 Y"ng Y .^"' R- fI .. l South work area, showing new truck bay on west. r t 14 f• • Birds eye from southeast 1 '----- mit ! ir, m,:iii -,. I .1 4 �. ION til , , Section through living quarters Page 3 of 5 i I j 1 i® i 1 11 _ a _�-_.--"y, i + iMr� it ti �'.par". w , f' • --„,� / Truck Bay addition Page 4 of 5 Ii i , �' / \\\'''' ' ' ' ill 1.1111.11110111., (, lirili / I '4. 4. ..- • / i - �` I. . t', \ . - ar.t. ` ■ 1 :I:a� �— 4 Q •.:_ze:;et_ 1 E 31, N.__. . ... til . . I a,, fir` ■ :•, t 1 1- �' - • �" t ails j• ��������-' V .a� ,• - I,. , _,,, „I . 1 oi, — \ f____/_.0 . -.'. / \Of,- - '- la , \ ._...ram 168 Addition floor plan with roof removed. Page 5 of 5