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Mountlake Terrace, WA - Agreement for the Transitional Consolidation of Fire Service Operations

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Interlocal Agreement for the Transitional Consolidation of Fire Service Operations

THIS INTERLOCAL AGREEMENT ("Agreement") is entered into by and between SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 1, a Washington municipal corporation (the "District") and the CITY OF MOUNTLAKE TERRACE, a Washington municipal corporation, (the "City").

WHEREAS, the City of Mountlake Terrace and Snohomish County Fire District No. 1 want to improve the efficiency and effectiveness of their fire suppression and protection services and emergency medical response services through a regional delivery system; and,

WHEREAS, the City of Mountlake Terrace and Snohomish County Fire District No. 1 desire to functionally consolidate the operations of their fire departments within a time frame provided herein; and,

WHEREAS, the City of Mountlake Terrace and Snohomish County Fire District No. 1 agree that an incremental approach to a full consolidation will provide for the best chance of success and offer the parties an appropriate opportunity to assess the consolidation process; and,

WHEREAS, the City of Mountlake Terrace and Snohomish County Fire District No. 1 want an opportunity to determine whether a full consolidation of the City Fire Department and the District would benefit both parties and their stakeholders within a time frame provided herein; and

WHEREAS, the City of Mountlake Terrace and Snohomish County Fire District No. 1 will consider a complete consolidation after certain studies and proofs of the effectiveness of regional service delivery have been made; and,

WHEREAS, the City of Mountlake Terrace and Snohomish County Fire District No. 1 are authorized, pursuant to Chapter 39.34 of the Revised Code of Washington, to enter into interiocal cooperation agreements which allow the District and the City to cooperate with each other to provide high quality services to the public in the most efficient manner possible.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the City of Mountlake Terrace and Snohomish County Fire District No. 1 hereto agree as follows:

I.
Definitions

1.1 Definitions. The following definitions shall apply throughout this Agreement.

  1. City: This term connotes the municipality of Mountlake Terrace.
  2. City Fire Department: The Mountlake Terrace Fire Department.
  3. City Personnel: Employees of the City of Mountlake Terrace working within the Mountlake Terrace Fire Department.
  4. District: Snohomish County Fire Protection District No. 1.
  5. Firefighter/EMS personnel: Full-time, compensated employees, firefighters, emergency medical technicians, or paramedics.
  6. Volunteer/Part-Paid personnel: Personnel either in a support or active role being reimbursed for expenses.
  7. Fire Chief: The fire chief of Snohomish County Fire Protection District No. 1.
  8. Insurance: The term "insurance" as used in this agreement means either valid insurance offered and sold by a commercial insurance company or carrier approved to do business in the State of Washington by the Washington State Insurance Commissioner or valid self-insurance through a self-insurance pooling organization approved for operation in the State of Washington by the Washington State Risk Manager or any combination of valid commercial insurance and self-insurance pooling if both are approved for sale and/or operation in the State of Washington.

II.
Services Provided

2.1 Services provided by the District. The District agrees to direct and manage the City Fire Department to provide fire suppression and prevention services and emergency medical services to a service area covering the corporate limits of the City of Mountlake Terrace and the City of Brier.

2.1.1 The District shall provide those services necessary to direct, control and support City Fire Department operations including but not limited to fire suppression, fire protection and prevention, hazardous material response, rescue response, basic life support emergency medical service, and advanced life support emergency medical services. Any major change in these services from the level currently being provided by the City at the execution of this agreement within the area protected by the City's Fire Department shall be based upon mutual agreement.

2.1.2 The District shall provide those services that are reasonably necessary to assist the City with administrative functions for the City Fire Department, including budget development, financial management, personnel management, and collective bargaining.

2.1.3 The Fire District Chief, while remaining an employee of the District, shall be designated the City's Fire Chief and Fire Marshal for purposes of statutory regulations.

2.2 Services provided by the City. The City agrees to provide the budget appropriations necessary (i) to fund City Fire Department operations at its present level of service and advanced life support services at the level set forth according to paragraph 5.1 herein and (ii) to meet the financial obligations set forth herein.

2.2.1 The City shall provide throughout the term of this Agreement City Personnel as follows: 21 suppression/EMS personnel, 3 additional suppression/EMS personnel as of July 1, 2001, 2 chief officers, 1 administrative support personnel, and no more than 15 volunteer personnel. Of the foregoing City Personnel, no less than nine employees shall be paramedics in accordance with Section 5.1 of this Agreement.

2.2.2 The City shall be responsible for and shall continue to provide accounting, payroll and human resources support for the City Fire Department.

2.2.3 The City shall provide, maintain, and replace as necessary all facilities, vehicles, stations, equipment, gear, uniforms and apparatus (collectively referred to herein as "Apparatus") currently assigned to the City Fire Department.

2.3 Services provided jointly. It is the intent of the parties to jointly provide fire and emergency medical services through the integration of current separate operations. In so doing, the City and the District recognize that existing interlocal agreements, to which both are party along with other local governments, shall provide for these joint operations, along with the provisions of this Agreement.

III.
Employment

3.1 Employment. During the term of this Agreement, City Personnel shall be and remain employees of the City and shall be afforded the rights and benefits, and shall be subject to the obligations of, the City's personnel policies, civil service rules, and collective bargaining agreements. The job status and compensation of City Personnel will be preserved during the term of this Agreement.

3.2 Supervision and Assignment. City Personnel shall be supervised and be under the direction and control of the District in the performance of their duties. The District shall deploy City Personnel in a manner that meets the service requirements of the City and the District. The District shall determine shift and station assignments, operating procedures, and training requirements.

3.3 Hiring Personnel. The District will be responsible for facilitating a hiring process for City Personnel and to make recommendations to the City Manager during the term of this Agreement subject to the City's civil service rules; provided, however, that all costs of hiring and testing of City Personnel shall be borne by the City.

3.4 Indemnification Regarding City Personnel Claims. The City shall indemnify, defend and hold the District harmless from any and all demands, claims or actions by City Personnel, which arise out of, or relate to, events that occurred prior to the effective date of this Agreement.

IV.
Reporting and Representation

4.1 Oversight. The District and the City shall apprise each other at regular intervals with respect to the provision of Services under the terms and conditions of this Agreement. The elected officials of the District and the City shall meet at least annually to review this agreement and discuss any necessary amendments to this Agreement.

4.2 Reporting. The Fire Chief shall report to the City Manager with respect to the operations of the City Fire Department. The City Manager and Fire Chief will develop regular reporting procedures. The Fire Chief or designee will provide periodic reports and attend staff, council and other meetings as requested by the City Manager.

4.3 Personnel Action. In the event the Fire Chief is caused to take a personnel action, respond to a grievance, or obligate City funds for a purpose not anticipated in the City Fire Department's budget, the City Managers written approval must be received prior to taking such action.

4.4 Representation. The District shall represent the City on intergovernmental boards or on matters involving the City Fire Department as requested by the City Manager. The City reserves the right to represent itself in any matter in which the interests of the City and the District are not mutual.

V.
Outstanding Issues

5.1 Advanced Life Support Service Delivery. The City is currently a party to an interlocal agreement for Medic 7 to provide advanced life support service. This agreement requires a six-month notification to withdraw from the agreement. The City plans to implement fire-based advanced life support service under the Fire District's ALS License and in a manner consistent with the District's service delivery system. The District shall provide the City with a transition plan to implement fire-based ALS by January 1, 2002. The District shall submit this transition plan to the City no later than April 20, 2001 to allow the City sufficient time to meet its Medic 7 contractual obligations.

5.2 Agreement with the City of Brier. The City provides fire and BLS services to the City of Brier ("Brier") through an interlocal agreement that expires on December 31, 2001 (the "Brier Agreement"). The Brier Agreement requires the City to notify Brier of its ALS service delivery plans by May 1, 2001, after which the City and Brier will determine whether to negotiate a successor agreement. In the event of a successor agreement between the City and Brier, the term of such successor agreement shall coincide with the term of this Agreement and the District shall continue to include Brier in the service area of this Agreement. In the event there is no successor agreement between the City and Brier, the District shall continue to provide service to the City of Mountlake Terrace under the provisions of this Agreement.

5.3 City Emergency Medical Services Levy. The City has an EMS Levy that expires during the term of this Agreement on December 31, 2003. In the event, a new levy is not approved by the voters, Section 5.5 of this Agreement shall be invoked.

5.4 Annexations. The parties recognize that an annexation or combination of annexations during the term of this Agreement by the City of Mountlake Terrace of more than 5% of the service area of a District station may have adverse financial impacts to the District.

5.5 Renegotiations. It is recognized by the parties that there are circumstances beyond the control of the City and the District as identified in Sections 5.2, 5.3 and 5.4 of the Agreement, that could impact the City and/or the District. In the event of adverse financial impacts to the City or District created by events noted in 5.2, 5.3 or 5.4 during the term of this Agreement, the parties agree to fairly and equitably renegotiate the provisions of this Agreement.

VI.
Assessment of Full Consolidation

6.1 Assessment. It is the intent of the parties to assess the effectiveness of this Agreement to determine the viability of full consolidation through a future long-term agreement. The parties agree that both the City and the District must benefit from full consolidation. The viability of full consolidation will be measured by value-added service delivery, community acceptance, cost avoidance, and cost savings.

6.2 Consolidation Report. The parties will cooperate in identifying and discussing their mutual needs and issues. The District shall prepare a written Consolidation Report, in consultation with the City, to be considered by the parties' respective governing bodies. The report will include an analysis of present service related issues and strategic goals for the future. Specifically, the report will address station planning and potential consolidation of stations, merging of capital equipment and apparatus, and integration of City Personnel to the employ of the District.

6.3 Timeline. The parties agree to the following timeline to facilitate the assessment:

6.3.1 No later than December 31, 2003, the Consolidation Report will be prepared by the District and available for review by both parties.

6.3.2 No later than December 31, 2004, the parties will have completed their consideration of the Consolidation Report and will have made a determination whether to negotiate a long-term successor agreement for full consolidation.

6.3.3 Provided that both parties have elected to proceed with negotiations for a long term agreement for full consolidation, then not later than December 31, 2005 a successor agreement shall be executed.

VII.
Term of the Agreement

7.1 Term. This Agreement shall be effective on April 1, 2001 and shall continue in effect until December 31, 2005, unless terminated earlier as provided herein or extended by mutual agreement of the parties.

7.2 Termination. This Agreement may be terminated by either party with six months written notification after January 1, 2004.

VIII.
City and District Are Independent
Municipal Governments

8.1 City and District are Independent Municipal Governments. The parties hereto are independent governments. Except for the specific terms herein, nothing herein shall be construed to limit the discretion of the governing bodies of each party. Specifically and without limiting the foregoing, the District shall have the sole discretion and the obligation to determine the exact method by which the Services are provided within the geographical boundaries of the District and the City.

8.2 No Preferential Service. The District shall assign the resources available to it without regard to internal political boundaries, but rather based upon the operational judgment of the District.

IX.
Insurance

9.1 Insurance. For the duration of this Agreement, each Party shall maintain insurance as follows:

  1. Each party shall maintain its own insurance policy insuring damage to its own fire stations, real and personal property and equipment.
  2. The City shall maintain an insurance policy insuring against liability for accidents occurring on City owned property. Such insurance policy shall be in an amount not less than one million dollars ($1,000,000.00) per occurrence with a deductible of not more than $5,000.
  3. The District shall maintain an insurance policy insuring against bodily injury and property damage arising out of ownership or use of City vehicles in an amount not less than one million dollars ($1,000,000.00) per occurrence with a deductible of not more than $5,000. Such policy shall name the City as an "additional insured."
  4. The District shall maintain an insurance policy insuring against liability arising out of work or operations performed by the District, the City Fire Department and their respective employees in an amount not less than one million dollars ($1,000,000.00) per occurrence with a deductible of not more than $5,000. Such policy shall name the City as an "additional insured."
  5. The City shall maintain insurance insuring against claims commenced by City Personnel, including but not limited to injuries, discrimination, and other work related claims. Such insurance shall be in an amount not less than one million dollars ($1,000,000.00) per occurrence with a deductible of not more than $5,000.
  6. The District shall maintain insurance insuring against claims commenced by District employees, including but not limited to injuries, discrimination, and other work related claims. Such insurance shall be in an amount not less than one million dollars ($1,000,000.00) per occurrence with a deductible of not more than $5,000.
  7. The District will further maintain its current umbrella policy in the amount of Five Million Dollars ($5,000,000). If the District, in consultation with its insurance agent, deems it advisable to increase this umbrella limit for the purpose of insuring the additional risks and indemnifications arising from this Agreement, the District may do so, and the additional premium for the portion above Five Million Dollars ($5,000,000) shall be paid by the City.

    9.1.1 In the event of damage or destruction of City-owned Apparatus, the City shall use the insurance proceeds to repair or replace the Apparatus.

9.2 Hold Harmless Regarding Employment Claims. Each party agrees to hold harmless the other Party, its officers, officials, employees and volunteers trom any and all claims, lawsuits, costs, including reasonable attorneys' and expert witness fees, losses and judgments arising out of personnel or employment claims and/or related lawsuits brought by such party's employees which arise out of, or relate to, events that occurred after the effective date of this Agreement. The provisions of this section shall survive the expiration or termination of this Agreement.

9.3 Cross Release. Except as specifically provided in this Agreement, the District and the City do hereby forever release each other from any claims, demands, damages or causes of action related to damage to equipment or property owned by the parties. It is the intent of the parties to cover this risk with the insurance noted above.

9.4 Payment of Additional Premiums. To the extent that the insurance requirements herein cause the District to incur additional insurance premiums, the City shall pay such additional premiums to the District.

9.5 Indemnification. Except as to claims and lawsuits described in section 9.2, claims arising as a result of the breach of this Agreement by the City, and claims arising as a result of events beyond the control of the District of a force majeure nature, which shall include, without limitation, acts of God, strikes, lockouts, acts of public enemies, order or restraints of the United States of America, the State of Washington, or their respective departments, agencies or officials, insurrections, riots, volcanic eruptions, earthquakes, storms, droughts, floods, explosions or acts or occurrences of a similar nature that is beyond the control of the District, the District shall hold harmless, indemnify and defend the City of Mountlake Terrace, its officers, officials, employees and volunteers from any and all legal claims, lawsuits, cost of defense and litigation including reasonable attorney fees and expert witness fees, losses and judgements arising out of any claims, liability events or occurrences related to the performance or failure to perform the fire defense services and/or emergency medical response services contemplated by the parties in this agreement if such liability occurrence, event or omission occurs after the effective date of this agreement. The hold harmless, indemnification and defense obligations and provisions of this section of the agreement shall survive the expiration or termination of this agreement as to any liability event, occurrence or omission which occurred in whole or in part during the period of time this agreement was in force.

X.
Miscellaneous

10.1 Arbitration. In the event of a dispute concerning this Agreement, the dispute shall be resolved by binding arbitration. Upon notice by either party demanding arbitration, the parties shall attempt to mutually agree upon an arbitrator. If the parties cannot agree upon an arbitrator within twenty (20) days, a list of seven arbitrators shall be requested from the Judicial Arbitration and Mediation Service (JAMS) in Seattle, Washington. Each party shall take its turn in striking one name from the list until one name remains. A flip of a coin shall determine which party strikes the first name. Any expenses incidental to arbitration shall be borne equally by the parties. The determination of the arbitrator shall be final and binding upon both parties. If for any reason JAMS is unable or unwilling to provide such a list, or the process fails to yield an arbitrator, then either party may apply to the Presiding Department of Snohomish County Superior Court for appointment of an arbitrator.

    10.1.1 Each party shall split equally the costs of the arbitrator.

    10.1.2 The prevailing party shall be entitled to have any arbitration award confirmed by the Snohomish County Superior Court in the manner provided by RCW 7.04.150 and to enforce such judgment, if any. For purposes of this statute, the parties agree that any award shall be within the jurisdiction of the Snohomish County Superior Court. The parties further agree that venue for any dispute shall be in Snohomish County.

10.1.3 The arbitrator may not enjoin any act of a party or order either party to perform any act other than the payment of money or transfer of assets.

10.2 Notices. All notices, demands, requests, consents and approvals which may, or are required to be given by any party to any other party hereunder, shall be in writing and shall be deemed to have been duly given if delivered personally, sent by facsimile, sent by a nationally recognized overnight delivery service, or if mailed or deposited in the United States mail and sent by registered or certified mail, return receipt requested, postage prepaid to:

The District Board Secretary:

Snohomish County Fire Protection District No. 1
12310 Meridian Avenue
Everett, WA 98208

The City:

City of Mountlake Terrace
23204 58th Avenue West
Mountlake Terrace, WA

or to such other address as the foregoing parties hereto may from time-to-time designate in writing and deliver in a like manner. All notices shall be deemed complete upon actual receipt or refusal to accept delivery. Facsimile transmission of any signed original document, and retransmission of any signed facsimile transmission shall be the same as delivery of an original document.

10.3 No Benefit to Third Parties. This Agreement shall not be construed to provide any benefits to any third parties. Specifically and without limiting the foregoing, this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine.

10.4 Drafting. Each party has fully participated in the drafting of this Agreement. Therefore, the Agreement shall be construed according to its fair meaning without regard to which party drafted a particular provision.

10.5 Entire Agreement. The entire agreement between the partie5,hereto is contained in this Agreement and the exhibits hereto; and this Agreement supersedes all of their previous understandings and agreements, written and oral, with respect to this transaction. This Agreement may be amended only by written instrument executed by the parties subsequent to the date hereof.

    Dated this [30th] day of March, 2001.

    SNOHOMISH COUNTY FIRE PROTECTION
    DISTRICT NO. 1

    By:
    _____________________________
    Commissioner

    By:
    _____________________________
    Commissioner

    By:
    ____________________________
    Commissioner

    By:
    _____________________________
    Commissioner

    By:
    _____________________________
    Commissioner

    By:
    _____________________________
    Commissioner

    By:
    _____________________________
    Commissioner

    Attest:
    __________________________
    District Secretary

    By:
    ____________________________
    City Manager

    Attest:
    _________________________
    City Clerk