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06-060 Spokane County Fire District One: Fire ServicesIIIIIIIII Page 4532 9 III IIII 2212006 93 ~ 05P VIII VIII Ogf IIIIIIIII VIII III IIIIIIIIII II a . Co, WR GQUERNliE1fT, CITY Of SPOKR R'C.? 40,00 Spokan After Recording, return document to Spokane Valley City Clerk l 1707 E. Spraauc Avenue, Suite 106 Spokane Valley, WA 99206 INTERLOCAL AGREEMENT FOR FIRE SERVICES 1N TFIE CITY OF SPOKA.r\`E VALLEY (August 1, 2006 -December 31, 2006) 7`NIS AGREE~NT, made and entered into by and between Spokane County Fire District One, a special purpose district organized and operating under the laws of the State of Washington, having offices for the transaction of business at 10319 East Sprague Avenue, Spok~ute Valley, Washington 99206, hereinaler referred to as the "District" and the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 Fast Sprague Avenue, Suite 106, Spokane Valley, Washington 99206; hereinafter referred to as "City," jointly hereinafter referred to as the "Parties." The District and the City agree as follows. . SUCTION NO..1: lYECiTALS AND FI1VnIlVGS (a) Cities and special purpose districts may contract with each other to perform certain functions which each may legally perform under chapter 39.34 RC\~V (Interlocal Cooperation Act). (U) The City has been annexed into the District and the District: provides most emergency fire protection services in the City. (C) The City has adopted land use regulations, a series of safety codes for building construction, maintenance, and the use of structures and their occupancies; including the International Building Code (T_BC) and the International Fire Code (1FC). (d) `I`he District has a Firc Prevention Division, staffed by trained personnel that regularly conduct fire code safety inspections and conduct fire investigations to determine the origin and cause of fires within the City. (e) `I"he City has a need for the services of the District and the District has the ability to provide the services. (f) The duty of the District to provide emergency services within the District or under the provisions of this Agreement is a duty owed to the public generally and by entering into this Ag~reemcnt, the District does not incur a special duty to the City, the property o~+mers, residents or occupants of the City. lnterlocal Agreement for l=ire Services, Fire 17istrict ~1 Page 1 of 9 -\ Cob-60 I IIIIII ill~~ IIIII IIIII~ Ilrn iie~ 5 g 24 230 9 ,II f~lll III ~~II~ IIII I~~I 6lUE,°,IIMENT, CITY OF SPOXA R6R I40.R~ Spokane~Co,06G9~5A (g) This Agreement is entered into for the benefit of the parties to this Agreement only and shall confer no benefits, direct or implied, on any third persons. SECTION N0.2: DEFINITIONS (a) Agreement: "Agreement" means this Interlocal Agreement between the City and FD1 regarding fire code compliance-related services. (b) Cam: "City" ntcans the City of Spokane Valley. (c) District: "District" means Spokane County Fire District One. (d) Services: "Services" means those services identified in T'xhibit 1. (e) Compensation: "Compensation" means the amount of money which the City will collect and pay the District for providing Services as identified in Exhibit I . (f) Uncontrollable Circumstances: "Uncontrollable Circumstances" means the following events: riots; wars, civil disturbances, insurrections, acts of terrorism, external fires ~utd floods, volcanic eruptions, lightning or earthquakes at or near where the Services are performed and/or that directly aff' ccc providing of such Services. SECTION r~'O.3: PiTItI'OSF The purpose of this Agreement is to reduce to +vriting the PARTIES' understanding as to the terms a,td conditions under which the District will provide Services on behalf of the CITY. It is the intent of the PARTIES that Seri~ices to be provided by the District will be consistent with the CITY'S Council/Ntanager form of government provided for in chapter 35A.13 RC\rJ. SECTIOI\' N0.4: DURATION/WITHDRAWAL 't'his Agreement shall commence on August 1, 2006, and run through December 31; 2006, unless one of the PARTIES provides notice as set forth in Section 7. At the conelusion~of the initial term, this Agreement shall automatically be renewed from year to year thereafter effective Jtutuary IS' to December 31st' All renewals shall be subject to all terms and conditions set forth herein or as amended pursuant to Section 13 below. Any Party may withdraw at any time from this Agreement for any reason whatsoever upon a minimum of 180 days written notice as provided for in Section 7 to the other P~u-ty. SECTION NO.S: COST OF SERVICES AND PAYMENTS The CITY shall pay the DISTRICT the costs for Services provided under this Agreement a<s set forth in Exhibit I, attached hereto and incorporated herein by reference. 'the CITY shall add the costs for services described in E.~Itibit I, along with a fee of $35.00 to reflect the cost of processing these payments, to the permit fees charged by the CITY. 'fhe tiec amounts set forth in Exhibit I shall be for+varded to the DISTRiC"I'. Payments by the CITY +vill be quarterly. Either party may dispute any claimed moneys owed. In the event the PARTIES cannot mutually resolve any dispute over moneys owed within thirty (30) calendar days from the time a written claim is made, unless othenvisc a,~~reed by the PARTIES, the matter shall be resolved pursuant to the Dispute Resolution provisions set forth in Section No. 16. The selection of arbitrators as provided for in Section No._16 shall commence within thirty (30) calendar days of the running of the thirty (30) calendar day time frame. The PARTIES recognize that it is not ahvays possible for either Party to discover errors in payment. The 1'ART[ES further recognize that there must be some finality to addressing such errors. Accordingly, the Interlocal Agreement for Fire Services, Fire District i€I Page 2 of9 I IIIIII VIII VIII IIIIII IIIII.II~IIII VIII III VIII IIII IIII P g 24530 g esrs~fzees es~$5P GUU`i:RNMENT, CITY OF SP3KR A6R 893. d9 ~,~okane L'o, 469 PARTIES ag=ree that both PARTLES are foreclosed from challenging any errors in payment if the matter is not drawn in writing to the other PARTY'S attention within thirty (30) calendar days of the last invoice of the calendar year. Errors raised within this time frame that are not mutually resolved shall be subject to the Dispute Resolution provisions set forth in Section No. 16. SECTION NO. 6: RELA'T'ED RESI'ONSII3TT,.I°I'11;5 IN CON.TU\'CTION WITH PROVIDING SERVICES The DISTRICT or designees agree to attend stafiT'or council meetings as requested by the Cl'1'Y Manager. The DISTRICT' or designees agree to meet upon request by the CITY Manager or his/her designee to discuss any Service provided under the terms of this A~eement. SF.CTIO~° N0.7: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first clrt'ss delivery, postage prepaid addressed to the DISTRICT or the CITY at the address set forth below for such Party, or ai such other address as either Party shall from time- to-time designate by notice in writing to the other Party: DIS 1 RICT: Spokane County Fire District No. One 103191:.. Sprague Ave. Spokane WA 99206 CITY: City of Spokane Valley City Manager or his/her authorized representative 11707 cast Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 SI!,CTION NO. ~3: ASSTGNv1ENT No Party may assi~m in whole or p"u-t its interest in this A~eement without the written approval of the other PARTY. SECTION N0.9: DISTRICT I.MPLOYI± IS The DISTRICT shall appoint.., hire, assign, retain and discipline all employees performing Services under this Agreement according to applicable collective bargaining a~-eements and applicable st<nte and federal laws. SECTION NO. 10: LIABILITY (a) The DISTRIC`I° shall indemnify and hold harmless the CITY and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the DISTRICT°, its officers, agents and employees, relating to or arising out of performing Services pursuant to this Agreement In the event that any suit based upon such claim, action, loss, or damages is brought against the CITY, the DISTRICT shall defend the same at its sole cost and e~cpense; provided that the CI"fY reserves Use right to participate in said suit if any principle of governmental or public Ittw is involved; a.nd if final judgment in said suit be rendered against the CITY, and its officers, agents, and employees, or jointly against the CITY and the DISTRICT and their respective officers, agents, and employees, the D[ST>tICT shall satisfy the same. Interloeal noreement for Fire Servicr's, Fire District Stl Page 3 of 9 ' __ ~ 5424532 IIII III~~ ~~~~~~ VIII III VIII IIII IIII 1'a5o. 4 of S IIIIIIIIIIIIIIIIIII iI9/22/20@S 03~05P GOUERNPiEII!T, CITY OF SPOKA RGR 140.00 SOokane Co, WA (b) The CITY shall indemnify and hold harmless the D1S1"RlC`I' and its oftrcers, agents, and employees, from any and all claims; actions: suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the CITY, its officers, agents and employees, relating to or arising out of performing Services pursuant to this Agreement. in the event that any suit based upon such claim, action, loss, or damages is brought against the DISTRICT, the CITY shall defend the same at its sole cost and expense; provided that the DISTRICT reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final jud,ment in said suit be rendered against the DISTRICT, and its officers, agents, and employees, or jointly against the DISTRICT' and the CITY and their respective officers, agents, and employees, the CCTY shall satisfy the same. (c) If the comparative negligence of the Parties rand their officers and employees is a cause of such damage or injury, the. liability, loss, cost, or expense shall be shared between the Parties in proportion to their relative degree of negligence and the right of indemnity shall apply to such proportion. (d) Where an officer or employee of a Party is acting under the direction and control of the other Party, the Party directing and controlling the officer or employee in the activity and/or omission giving rise to liability shrill accept all liability for the other Party's officer or employee's negligence. (e) Each Party's duty to indemnify shall survive the termination or expiration of the Agreement. (1] The foregoing indemnity is specifically intended to constitute a waiver of each Party's immunity under N~ashington's Industrial Insurance Act, chapter 51 RC1U, respecting the other party only, and only to the extent necessary to provide the indemnif ed Party with a full and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. (g) The DISTRICT and the CITY agreq to either self insure or purchase policies of insurance covering the matters conttrined in this Agreement with coverage's of not less than $3,000,000 per occurrence with $3,000,000 agt*regate limits including professional liability and auto liability coverage's. SECTION NO. 1f: 17CLATIONSk1TP OF THE PARTIES The PARTiI/S intend that an independent contractor relationship will be created by this Agreement. `l'he DISTRICT shall be an independent contractor and not the agent or employee of the CITY, that the CITY is interested only in the results to be achieved and that the right to control the particular manner, method and means in which the services are performed is solely within the discretion of the DISTRICT. Any a.nd all employees who provide Services to the CITY under this Agreement shall be deemed employees solely of the DISTRICT. The DISTRICT" shall be solely responsible for the conduct and actions of all employees under this Agreement and any liability that may attach thereto. Likewise, no agent, employee, servant or representative of the CITY shall be deemed to be an employee, agent, servant or representative of the DISTRICT f'or any purpose. It is understood that the District shall from time to time upon identification of a life safety violation of code or a parking violation impairing access to fire hydrants or routes of ingress or egress to emergency scenes or restricted fire zones, need to immediately issue citations for these violations. It is further understood that the Fire District, under the authority of the Spokane County Sheriff's Office may, if necessary, txtke such actions under the sole authority of the Spokane County Sheriff's Office and or the Lnterlocal Agreement for Fire Services, Fire District. # 1 Page Q of 9 ~- • IIIIIIIIIIIIVIIIIIIIIIIIIIh~IIIIIIIIIIIIIIIIIIIIIIIIII Peg24 530 9 08/22/2006 $3~0SP GGVERNMEtfT, CITY QF SPOKR RGR (43.00 Spokane Co, WA District and pursuant to a separate agreement with the Spokane Cowtty Sheriffs Office. Any costs or liability that may result from these actions shall be the responsibility of either the Fire 1istrict or Sheriffs Office respectively. SECTION i\°O. 12: iv10llLFICATION This Agreement may be modified in writing by mutual ~~7itten agreement of the PART°IES. Proposals for modification shall be submitted to the other party at least ti0 days before the end of the calendar year. SECTION NO. l3: PROPERTY A\'D EQU1Pr~iF.NT The ownership of all property and equipment utilized in conjunction with providing the Services shall remain v,~ith the original owner, unless otherwise specifically and mutually agreed to by the PARTIES to this Agreement. For the purpose of this section, the terminology "owner" means that Party which paid the full purchase price for the property or equipment. SECTION \°O, la: ALIT, WRITINGS CONTAINED AEEtELY/BINUING EFFEC:C This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTTFS agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this A~-eement shall be valid or binding upon the I'ARTIFS unless such change or addition is in writing, executed by the PARTIES. This Agreement shall be binding upon the 1'ARTIT'S hereto, their successors and assigns. SECTION NO. 15: U[SPUTE 1tESOLUTIOn' Any dispute between the PART[FS which cannot be resolved between the PARTIES shall be subject. to arbitration. Except as provided for to the contrary herein; such dispute shall first be reduced to writing and considered by the DISTRICT and the CITY Manager. If the DISTRICT and the CITY Tvfanager cannot resolve the dispute it will be submitted to arbitration. °I'he provisions of chapter 7.04 R.CW shall be applicable to any arbitrat-ion proceeding. `I`he DISTRICT` and the C]'I'Y shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointay select a third arbitrator. The decision of the arbitration panel shall be binding on the PARTIES and shall be subject to judicial review as provided for in chapter 7.04 RCVd. '[ he costs of the arbitration panel shall be equally split beriveen the PARTIES. SECTION i~'O. 16: ~'ENTJE ST1I'ULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually w~derstood and agreed by each party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 17: SE~'Ih:IZABIi,ITY 'I"he PARTIES agree that if any parts, ternts or provisions of this Agreement a.re held by the courts to be illegal, the validih' of the remaining portions or provisions shall trot be affected and the rights and obligations of the PARTIES shall not be affected in regard to tltc remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed Interlocal Agreement for Fire Services, Fire District #l Page 5 of9 11.1111 5424532 ..• IIIIIIIIIIIIIIIIIIIII,~ ,1111111111111111111111111111 ~~~~~ 6 oh 08/82/8890 03~@~? GOVER181ii:NT, CITY Of SPCY,R RGR 140.@@ Spokane Co, 1!R inoperative and mrll and void insofar trs it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SEC Z'ION' NO. 18: 1tFCOItllS All public records prepared, owned; used or retained by the >aiSTR.1CT in conjunction with providing Services under the terms of this Agreement shall be deemed CITY property and shall be made available to the CI"1'Y upon request by the CITY Manager subject to the attorney client and attorney work product privileges set forth in statute, court rule or case law. The DISTRICT will notify the CITY of any public disclosure request under chapter 42.17 RC~'V for copies or viewing of such records as well as the I71S`CR1CT'S response thereto. SECTION NO. 19: III/ADINCS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. SECTTON N0.20: Tltii'fE OF ESSENCE OF AGR)C~TFNT Time is of the essence of this Agreement and in case either Party fails to perform the obligations on its part to be performed at the time fixed for the performance of the respective obligation by the terms of this Agreement, the other Party may, at its election, hold the other Party liable for alt costs and damages caused by such delay. SECTION N0.21: UNCONTROLLABI,.E CiRCUMSTAI\TCES/I1~lYOSSIBILITY A delay or interruption in or failure of performance of all or any part of this Agreement resulting from Uncontrollable Circumstances shall be deemed not a default under this A~reemcnt. A delay or interruption in or failure of performance of all or any part of this Agreement resulting from any change in or new law, order, rule or regulation of any nature which renders providing of Services in accordance with the terms of this Agreement legally impossible, and any other circumstances beyond the control of the D[STRICT which render legally impossible the performance by the DIS`1'RICT of its obligations under this A[reement, shall be deemed not a default under this Agreement. SECTION 1\'0.22: FILING This Agreement shall be filed by the DISTItIC`C with such offices or agencies as required by chapter 39.34 R.C~V. SF,CTION N0.23: EYECU'I'ION AND API'ROVA:[~ The PARTIES warrant that the officers executing below have been duly authorized to act for and on behalf of the Party for purposes of confirming this Agreement. SECTION N0. 24: INI I'IA T IVES "fhe PARTIES recognize that revenue reducing initiative{s) passed by the voters of ~Vashing*ton may substarrtially reduce local operating revenue for the CI`CY, pISTR1CT or both PARTIES. The PAR`I'I.ES agree that it is necessar}r to have flexibility to reduce the contracted amount(s) in this Agreement in response to budget constraints resulting from the passage of revenue reducing initiative(s). If such an event occurs, the PARTIES agree to negotiate in good faith to achieve a mutually agreeable resolution in a timely fashion. Interlocal A~Reement for Fire Services: Fire District #1 Page 6 of 9 5424532 I IIIIII VIII VIII IIIIII ~ ~ IIIIII VIII III VIII IIII IIII Pi?ge: 7 of 9 ~9/22/26'G6 03~05P GOVERNfIEIIT, CITY Oaf SPOKR RG:4 140.00 Spokane Co, WA SECTION N0.25 CO~TPi.,]ANCE VVITFI LAW5 The Parties shall observe all federal, state- and local laws, ordinances and regulations, to the extent that they may be applicable to the terms of this Agreement. SECTION NO.26: DiSCi.,AIIVIER Except as otherwise provided, this Agreement shall not be construed in any manner that would limit either Party's authority or power under law. iN WITNESS WHEI2.EOF, the PARTII/S have caused this Agreement to be executed on date and year opposite their respective signatures. DATED:~,/Id ~~~_ SPOKA OU;1~"TY 'IRE I '1'RICT O~tE, By, its DATED: , / DD~ A /I`li ` ~ ''liristine Bainbridge, City Clerk rV'PROVB[a AS TO FOItv1 ONLY: Ofiice o he, Cit torney CITY f~ SPQK. NE ~~ALLEY .s~~~-~'2~"d David Mercier, City Manager lnterlocal Agreement for Fire Services, Fire 17istrict # 1 Page 7 of 9 _ /! \ ~ ~, 5424532 IIII IIIII III VIII IIII IfOI Page' 8 of 9. ~ IIIII IIIII IIIII 111111 ~~~~~ ~I 08122189, 03. @~ II GOVEkNP~Ellli, CITY OAF SPOKR RG~ 140.00 Spokane Co, WR EXI-..-- _ FllZE CODE FIRE ALARM, SI'R.>n"Ifl..ER AND O`I"MER PROTECTION SYSTEMS City processing fee of $35 is added to these Fire District 1 fees. Plans check a.nd revic~+~ fees, inspections, and pern~it far installation of separate fire alarm system or sprinkler system applications, and other rre protection systems. Fire Alarm System New iustallation I -0 devices $ L 50 5-100 devices $250 Additional 100 devices $ 50 Each additional panel $ 40 Sprinkler supervision only $ 75 1;ach additional floor $ 40 Fire Sprinkler Systems l-~ heads $ 53 1 U-49 $ 165 50-100 $275 lO1-200 $325 2U1-300 $350 301-400 $3 75 401-500 $42S SUO+ $500 + $.33 per head k'or hydraulically desiimed systems multiply the above fee by 2 New Suppression Systems Range hoods, baton, C02, dry chemical, FV1200, intergen spray booths, etc. Unit I -5 nozzles $100 Over 5 nozzles $100 + $10 per nozzle Bottle(s) $30 per bottle Fire Purnp lnstallation Plan review & inspection fee $SOU Underground Fire Mains-Plan review and inspect. $150 Standpipes not a part of automatic suppression system Plan review and inspection $150 l~uerlocal Agreement for Fire Services, Fire Qistrict #1 Page 8 of 9 5424532 II II III I IIII 111111 I IIIII , III IIII I III II Page' 9 of 9 III IIIIIIII I i;;, ~„! 6'flJ22/2006 93 ~ 05P . GOVERIIiINT, CliY OF SP6G',~ RGR 1;40.69 Spokes Co, l,R Other Protection Systems Fire extinnuishing system (other than sprinklers) - $ 50 plus $1.~0 per nozzle Standpipe installation Class I and Class ll $ ~$ Class Tfi $ 70 Tank installation - per tank Flammable and combustible liquids -storage tanks installation $ 60 Hazardous materials -storage tanks installation $ 60 Liquefied pet-roleum $ 60 Gaseous oxygen systems $ 60 Nitrous systems $ 60 Medical gas systems $ 60 I-iazardous material recycling systems $ 60 Vapor recovery system $ 60 Cryogenic $ 60 Removal, abandonment or any Colllbinatlot1 thereof of flammable or combustible liquid storage tanks $ 90 Emergency or standby commercial power generator instill $ 60 PFR1VfITS Condiliontrl Use Permit $ 60 Tempor~rry Use Permit $ 60 TcntsJcanopy Permit (event) `I'o be determined PLA1~5 C)~IECK AND RFVTFW }3Y THE BlT12F.AU OF Fllt)C PR)rVCNTi©N New commercial plans check and inspection (for projectns not mentioned elsewhere) $ 60 LANn usr+, Subdivision/PUD Prc-limnary $120 Final $ 60 Short Plat Preliminary $120 Final $ ~~ Interlocal Agreement for Fire Services, Fire District # I Page 9 of 9