08-086 Fire Services ■
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Recording Feo $52.00 Page 1 of 11
Agreement GOVERF:fiEPlT, CITY OF SPOKANE VALLEY
Spokane County Washington
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I
After Recording, return document to
Spokane Valley City Clerk
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
INTERLOCAL AGREEMENT FOR FIRE SERVICES
IN THE CITY OF SPOKANE VALLEY
THIS AGREEMENT, made and entered into by and between Spokane Valley Fire
Department, 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, Spokane Valley, Washington 99206, hereinafter referred to as the
"Department" 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
East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter
referred to as "City," jointly hereinafter referred to as the "Parties." The Department and
the City agree as follows.
SECTION NO. 1: RECITALS AND FINDINGS
A. Cities and special purpose districts may contract with each other to perform
certain functions which each may legally perform under chapter 39.34 RCW (Interlocal
Cooperation Act).
B. The City has been annexed into the special purpose district served by the
Department and the Department 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 (IBC) and the International Fire Code (IFC).
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D. The City has code enforcement authority pursuant to RCW 19.27.050 and
fire investigation authority under RCW 43.44.050.
E. The Department has a Fire 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 pursuant to
RCW 52.12.031(7) and RCW 43.44.050.
F. Both the City and the Department have a need for the services of the
other and the City and the Department have the ability to provide these services.
G. The duty of the Department to provide emergency services within the
special purpose district or under the provisions of this Agreement is a duty owed to the
public generally and by entering into this Agreement, the Department does not incur a
special duty to the City, the property owners, residents or occupants of the City.
H. 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.
I. This agreement is intended to modify and replace the prior Interlocal
Agreement For Fire Services in the City of Spokane Valley entered into by the parties
on the 19th of July, 2006.
SECTION NO. 2: DEFINITIONS
A. Agreement: "Agreement" means this Interlocal Agreement between the
City and the Department regarding fire code compliance-related services.
B. City: "City" means the City of Spokane Valley.
C. Department: "Department" means Spokane Valley Fire Department.
D. Services: "Services" means those services identified in the currently
adopted fee schedule.
E. Compensation: "Compensation" means the amount of money which the
City will collect and pay the Department for providing Services as identified in the
currently adopted fee schedule.
F. Uncontrollable Circumstances: "Uncontrollable Circumstances" means
the following events: riots, wars, civil disturbances, insurrections, acts of terrorism,
external fires and floods, volcanic eruptions, lightning or earthquakes at or near where
the Services are performed and/or that directly affect providing of such Services.
Interlocal Agreement for Fire Services, Fire Department 111 Page 2 of I
SECTION NO. 3: PURPOSE
The purpose of this Agreement is to reduce to writing the PARTIES' understanding as to
the terms and conditions under which the City and the Department will provide Services
to each other. It is the intent of the PARTIES that Services to be provided will be
consistent with the CITY'S Council/Manager form of government provided for in chapter
35A.13 RCW.
SECTION NO. 4: DURATION/WITHDRAWAL
This Agreement shall commence on June , 2008, and run through December 31,
2008, and continue to be in effect on an annual basis thereafter unless one of the
PARTIES provides notice as set forth in Section 8.
At the conclusion of the initial term (December 31, 2008), this Agreement shall
automatically be renewed from year to year thereafter effective January 1st 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 8 to the other Party.
SECTION NO. 5: PARTIES RESPONSIBILITIES:
The DEPARTMENT will administer the International Fire Code, as currently adopted or
subsequently amended, for the CITY by maintaining a Fire Prevention Division,
performing plan reviews, and by conducting inspections and investigations.
A. The Department agrees to designate a fire code official to implement,
administer, and to work with the City to enforce the provisions of this code as provided for
in the International Fire Code section 103.
B. Inspections of existing occupancies shall be conducted as follows:
1. Inspections shall be performed under Section 104 and Section 105
of the IFC.
2. Inspections in accordance with Section 104 and 105 shall be
conducted on an annual basis except Group H occupancies, which may be inspected
semi-annually. In all cases the inspections are to be conducted in a regularly scheduled
manner.
3. The DEPARTMENT shall serve written notice of a violation of the
IFC to the property and/or business as is appropriate. Re-inspection of failed inspections
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will be conducted not more than 30 calendar days after the initial inspection. The thirty-
day limit may be exceeded if so doing does not endanger persons occupying or
accessing the occupancy and the fire inspector sets and comments in writing a date
certain for re-inspection.
4. If compliance is not achieved after the first re-inspection, a second
written notice shall be served unless there is an immediate hazard to public safety.
5. If after the second re-inspection non-compliance still exists, the
DEPARTMENT shall confer with the Building Official and jointly prepare the enforcement
action. The CITY shall be responsible for costs of code enforcement actions. The
Building Official shall issue stop work orders as deemed appropriate.
6. At the time of the first inspection, Fire Prevention Division Inspectors
shall determine if a valid permit has been issued to occupancies requiring a permit,
pursuant to IFC Section 105. If a valid permit has not been issued, the DEPARTMENT
inspector will take appropriate action to inform the occupant of the local requirements.
7. Notwithstanding the foregoing, immediate enforcement and or other
actions may be undertaken by the CITY in lieu of warnings or re-inspections if to do so is
necessary to comply with applicable law or for other circumstances determined by the
CITY.
C. The Department shall conduct Fire Investigations in conformance with the
IFC and other City, state and federal requirements. All investigations
involving arson or mischievous burning shall be reported to the
appropriate enforcement agency.
D. A copy of plans submitted to the CITY for building construction and
alteration shall be submitted by the CITY to the Department for review. The
Department shall be responsible for determining:
1. Fire hydrant locations.
2. Connections for locations of standpipes and sprinkler systems.
3. Key box locations and approvals.
4. Fire flow availability in all areas where the water provider does not
have sufficient information.
5. Road access requirements to property and buildings for fire fighting
purposes, including designated fire lanes.
The CITY shall be responsible for implementing the DEPARTMENT'S
determinations through the CITY'S permitting process.
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E. The Department shall further assist the City in the review of plans for
Automatic Fire Suppression Systems and Fire Alarm and Detection Systems.
F. The City and the Department shall both conduct final inspections of new
buildings other than single family dwellings or private garages.
G. The Department shall review applications and perform field inspections of
public fireworks displays to insure compliance with applicable State and City
requirements.
H. The City shall assist the Department as necessary in implementing and
enforcing the Department's determinations under this Section No. 5.
I The DEPARTMENT shall refrain from performing any of the services
specified in this paragraph upon request by the CITY.
SECTION NO 6: COST OF SERVICES AND PAYMENTS
The CITY shall pay the DEPARTMENT the costs for Services provided by the
DEPARTMENT under this Agreement as set forth in the currently adopted fee
resolution.
The CITY shall collect and retain a $35 processing fee in addition to the fees listed in the
currently adopted fee resolution. Fees collected on behalf of the Department shall be
forwarded by the CITY on a quarterly basis to the Department. 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 otherwise agreed 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 always possible for either Party to discover errors in
payment. The PARTIES further recognize that there must be some finality to addressing
such errors. Accordingly, the PARTIES agree that both PARTIES are foreclosed from
challenging any errors in payment unless the challenge is made in writing to the other
party 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. 7: RELATED RESPONSIBILITIES IN CONJUNCTION WITH
PROVIDING SERVICES
A DEPARTMENT representative shall make reasonable efforts attend staff or council
meetings as requested by the CITY Manager.
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A DEPARTMENT representative shall make reasonable efforts to meet upon request by
the CITY Manager or his/her designee to discuss any Service provided under the terms of
this Agreement.
SECTION NO. 8: 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 class
delivery, postage prepaid addressed to the DEPARTMENT or the CITY at the address set
forth below for such Party, or at such other address as either Party shall from time-to-time
designate by notice in writing to the other Party:
DEPARTMENT: Spokane Valley Fire Department
10319 E. Sprague Ave.
Spokane WA 99206
CITY: City of Spokane Valley City Manager
or his/her authorized representative
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
SECTION NO. 9: ASSIGNMENT
No Party may assign in whole or part its interest in this Agreement without the written
approval of the other PARTY.
SECTION NO. 10: DEPARTMENT/CITY EMPLOYEES
The DEPARTMENT shall appoint, hire, assign, retain and discipline all employees
performing DEPARTMENT Services under this Agreement according to applicable
collective bargaining agreements and applicable state and federal laws. The CITY shall
appoint, hire, assign, retain and discipline all employees performing CITY Services under
this Agreement according to applicable collective bargaining agreements and applicable
state and federal laws.
SECTION NO. 11: LIABILITY
A. The DEPARTMENT 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 DEPARTMENT, 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 DEPARTMENT shall defend the same at its sole cost and expense;
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provided that the CITY reserves the right to participate in said suit if any principle of
governmental or public law is involved; and if final judgment in said suit be rendered
against the CITY, and its officers, agents, and employees, or jointly against the CITY and
the DEPARTMENT and their respective officers, agents, and employees, the
DEPARTMENT shall satisfy the same.
B. The CITY shall indemnify and hold harmless the DEPARTMENT 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 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
DEPARTMENT, the CITY shall defend the same at its sole cost and expense; provided
that the DEPARTMENT reserves the right to participate in said suit if any principle of
governmental or public law is involved; and if final judgment in said suit be rendered
against the DEPARTMENT, and its officers, agents, and employees, or jointly against the
DEPARTMENT and the CITY and their respective officers, agents, and employees, the
CITY shall satisfy the same.
C. If the comparative negligence of the Parties and 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 shall 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.
F. The foregoing indemnity is specifically intended to constitute a waiver of
each Party's immunity under Washington's Industrial Insurance Act, chapter 51 RCW,
respecting the other party only, and only to the extent necessary to provide the
indemnified 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 DEPARTMENT and the CITY agree to either self insure or purchase
policies of insurance covering the matters contained in this Agreement with coverage's of
not less than $3,000,000 per occurrence with $3,000,000 aggregate limits including
professional liability and auto liability coverage's.
Interlocal Agreement for Fire Services, Fire Department#I Page 7 of
SECTION NO. 12: RELATIONSHIP OF THE PARTIES
The PARTIES intend that an independent contractor relationship will be created by this
Agreement. The DEPARTMENT 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 DEPARTMENT. Any and all
employees who provide Services to the CITY under this Agreement shall be deemed
employees solely of the DEPARTMENT. The DEPARTMENT 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
DEPARTMENT for any purpose.
It is understood that the Department 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 Department,
under the authority of the Spokane County Sheriffs Office may, if necessary, take such
actions under the sole authority of the Spokane County Sheriffs Office and or the
Department and pursuant to a separate agreement with the Spokane County Sheriffs
Office. Any costs or liability that may result from these actions shall be the
responsibility of either the Fire Department or Sheriffs Office respectively.
SECTION NO. 13: MODIFICATION
This Agreement may be modified in writing by mutual written agreement of the PARTIES.
Proposals for modification shall be submitted to the other party at least 60 days before
the end of the calendar year.
SECTION NO. 14: PROPERTY AND EQUIPMENT
The ownership of all property and equipment utilized in conjunction with providing the
Services shall remain with 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 NO. 15: ALL WRITINGS CONTAINED HEREIN/BINDING EFFECT
This Agreement contains terms and conditions agreed upon by the PARTIES. The
PARTIES agree that there are no other understandings, oral or otherwise, regarding the
subject matter of this Agreement. No changes or additions to this Agreement shall be
valid or binding upon the PARTIES unless such change or addition is in writing, executed
by the PARTIES.
Interlocal Agreement for Fire Services, Fire Department 41 Page 8 of I I
This Agreement shall be binding upon the PARTIES hereto, their successors and
assigns.
SECTION NO. 16: DISPUTE RESOLUTION
Any dispute between the PARTIES 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 DEPARTMENT and the CITY
Manager. If the DEPARTMENT and the CITY Manager cannot resolve the dispute it will
be submitted to arbitration. The provisions of chapter 7.04A RCW shall be applicable to
any arbitration proceeding.
The DEPARTMENT and the CITY shall have the right to designate one person each to
act as an arbitrator. The two selected arbitrators shall then jointly 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 7.04A RCW.
The costs of the arbitration panel shall be equally split between the PARTIES. Each
PARTY shall be responsible for its own costs in preparing and presenting its case.
SECTION NO. 17: VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered
within the State of Washington and it is mutually understood 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. 18: SEVERABILITY
The PARTIES agree that if any parts, terms or provisions of this Agreement are held by
the courts to be illegal, the validity of the remaining portions or provisions shall not be
affected and the rights and obligations of the PARTIES shall not be affected in regard to
the 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 inoperative and null
and void insofar as it may be in conflict therewith and this Agreement shall be deemed to
modify to conform to such statutory provision.
SECTION NO. 19: RECORDS
All public records prepared, owned, used or retained by the DEPARTMENT in
conjunction with providing Services under the terms of this Agreement shall be deemed
CITY property and shall be made available to the CITY upon request by the CITY
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Manager subject to the attorney client and attorney work product privileges set forth in
statute, court rule or case law. The DEPARTMENT will notify the CITY of any public
disclosure request under chapter 42.56 RCW for copies or viewing of such records as
well as the DEPARTMENT'S response thereto.
SECTION NO. 20: HEADINGS
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.
SECTION NO. 21: UNCONTROLLABLE CIRCUMSTANCES/IMPOSSIBILITY
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
Agreement.
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 DEPARTMENT
which render legally impossible the performance by the DEPARTMENT of its
obligations under this Agreement, shall be deemed not a default under this Agreement.
SECTION NO. 22: FILING
This Agreement shall be filed by the DEPARTMENT with such offices or agencies as
required by chapter 39.34 RCW.
SECTION NO. 23: EXECUTION AND APPROVAL
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 NO. 24: INITIATIVES
The PARTIES recognize that revenue reducing initiative(s) passed by the voters of
Washington may substantially reduce local operating revenue for the CITY,
DEPARTMENT or both PARTIES. The PARTIES agree that it is necessary 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.
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SECTION NO. 25: COMPLIANCE WITH LAWS
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: DISCLAIMER
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 WHEREOF, the PARTIES have caused this Agreement to be executed on
date and year opposite their respective signatures.
DATED: 7/45/0,F � -
SPOKA E COUNTY FIR DEPARTMENT ONE,
By, its
DATED: 7/ca-C/ CITY OF SPOKANE VALLEY
ATTEST:
David Mercier, 'ty Manager
'---C lristine Bainbridge, City CF-F
APPROVED AS TO FORM ONLY:
• ice of the City Attorne1 ■
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