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City of Cheney
Interagency Cooperative Agreement for Fire Protection Services
THIS AGREEMENT, made and entered into this _______ day of ________, 19__, by and between Eastern Washington University, an agency of the state of Washington, hereinafter referred to as University, and the City of Cheney, a municipality in the state of Washington, hereinafter referred to as the City, provides for contribution by the University to the City budget, assisting the City to improve its ability to furnish fire protection and emergency services for the benefit of the University. This agreement is made pursuant to chapter 39.34 RCW and in accordance with RCW 35.21.779 and RCW 28B.35.190.
WHEREAS, the City furnishes fire protection and emergency services to the University by reason of authority granted to it under various sections of the Revised Code of Washington, and
WHEREAS, it appears to be advantageous to the University to make contributions to the City budget, enabling the City to maintain its ability to provide fire protection and emergency services for the benefit of the University.
NOW THEREFORE, acting pursuant to the authority granted by chapter 39.34 RCW is agreed as follows:
- That the duration of this Agreement shall be for 1999 - 2001, commencing
July 1, 1999, and ending June 30, 2001. Subsequent year’s agreement will be
executed prior to July 1, 2001 and will consider the University’s budget resources,
relevant legislative or legal actions that may pertain, and the City’s budget
resources.
- That the City shall have direction and control of its City Fire Department
and shall pay all costs relating to the operation of that department.
- That the City shall include in its annual budgets for the period of this
Agreement necessary funds for the support of its fire department.
- That the University agrees to contribute to the City, one hundred fifty-six
thousand dollars ($156,000.00) per year for the purpose of assisting the city
in its ability to provide fire protection and emergency services for the benefit
of the University. Payments are to be made quarterly on July 1; October 1;
January 1; and April 1 of each year of this agreement.
- The parties hereto agree to establish an advisory board and nominate to
the board at least one person each to advise the fire chief, mayor, and president
of the University as to all matters related to fire protection for the University.
This board shall meet at least annually and report at least annually as to
the need for service and level of service available.
- It is agreed that the management and control of the Cheney Fire Department
will remain exclusively with the City, and services provided to the University
will be determined by the fire chief, or his representative, using the same
criteria as is applicable to all other fire prevention and suppression.
- It is understood and agreed that provision of fire protection and emergency
services to the University by the City is not dependent upon this Agreement
or upon the existence of any agreement between the parties.
- Each party to this Agreement shall be responsible for damages to person
or property resulting from the negligence on the part of itself, its employees,
or its officers. Neither party assumes any responsibility to the other part
for the consequences of any act or omission of any person, firm, or corporation
not a party to this Agreement.
- This agreement may be terminated by either part hereto upon one hundred
eight (180) days’ written notice. The University will not be obligated for
payment beyond the date of termination.
- This Agreement shall construed in accordance with the applicable laws of
the state of Washington. If any provision of this Agreement violates any statute
or rule of law of the state of Washington, it is considered modified to conform
to that statute or rule of law.
- This Agreement shall be subject to the written approval of the authorized
representatives of the City of and University and shall not be binding until
so approved. This Agreement may be altered, amended or waived only by a written
amendment executed by both parties.
CITY OF CHENEY
By: _______________________________
Mayor
EASTERN WASHINGTON UNIVERSITY
By: ________________________________
Vice President for Business & Finance
___________________________________
City Clerk