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RES 86-10 FIRE AND MEDICAL PROTECTION AGREEMENTRESOLUTION NO. 86-10 A RESOLUTION APPROVING THE FIRE AND EMERGENCY MEDICAL PROTECTION AGREEMENT FOR 1986 THROUGH 1989 WITH KITSAP COUNTY FIRE PROTECTION DISTRICT NO. 2 FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES. WHEREAS, the Council of the City of Winslow, Washington feel it is in the best interest of providing for the health, safety, and welfare of the citizens of Winslow to enter into an agreement with the Kitsap County Fire Protection District No. 2 for services; and WHEREAS, the laws of the State of Washington allow such agreements, NOW, THEREFORE, be it resolved by the Council of the City of Winslow, Washington, as follows: The proposed Fire and Emergency Medical Protection Agreement for 1986 through 1989 is hereby approved; a copy is attached as Exhibit A. PASSED BY THE COUNCIL of the City of Winslow, Washington, this lsn day of MAY , 1986. Alice B. Tawresey ~ Mayor ATTEST: Donna J~uxton Clerk/Treasurer EXHIBIT A for RESOLUTION NO. 86-10 FIRE AND EMERGENCY MEDICAL PROTECTION AGREEMENT This agreement is entered into between KITSAP COUNTY FIRE PROTECTION DISTRICT NO. 2, a municipal corporation, hereafter referred to as "District", and the City of Winslow a municipal corporation, h~reafter referred to as "City". This agreement is entered into by the City under the authority of RCW 35A.11.040 and the District under the authority of RCW 52.12.031 and in conformity with RCW 39.34, the Interlocal Cooperation Act. To carry out the purposes of this agreement and in consideration of the benefits to be received by each party, it is agreed as follows: 1. Effective Date and Termination. This agreement shall be effective on January l, 1986 and remain in effect until December 31, 1989. 2. Fire and Medical Services. The District agrees to furnish fire protection and emergency medical services to all properties and persons presently within or annexed to the City including all City owned or leased real and personal properties. Such fire and medical services shall be rendered on the same basis as such protection is rendered to other areas within the District or with which the District has contracts, but the District assumes no liability for failure to do so by reason of any circumstances beyond its control. In the event of simultaneous fire or medical aid calls within the City and outside of the City whereby facilities of the District are taxed beyond its ability to render equal protection, the officers and agents of the District shall have discretion as to which call shall be answered first. The District shall be the sole judge as to the most expeditious manner of handling and responding to emergency calls. 3. Building Inspection Services. The District agrees to provide building inspection services for all commercial buildings located within th~ City limits to insure compliance with the City Uniform Fire Code° Such inspections are to be conducted at least annually. 4. Planning Services. The District agrees to provide site plan review, subdivision review and other similar ser- vices to the City. 5. Payment by City for Services. 5.1 In exchange for the services by the District, as set forth in paragraphs 2 and 3 of this agreement, the City agrees, beginning January 1, 1986, to pay annually to the District an amount per $1,000.00 of the assessed valuation of taxable property located within the limits of the City that is equal to the rate assessed by the District within its boundaries. 5.2 In exchange for the services by the District, as set forth in paragraph 4 of this agreement, the City agrees, beginning January 1, 1986, to pay annually to the District an amount equal to .03~ per $1,000.00 of assessed valuation of taxable property located within the limits of the City. This payment requirement shall be renegotiated on request of either party. 5.3 Assessed valuation: shall be the regular assessed valuation established annually by the Kitsap County Assessor's Office. 5.4 Monetary payments by the City to the District shall be made quarterly on March 31, June 30, September 30 and December 31. 6. Liability. Each of the parties shall, at all times, be solely responsible for the acts or the failure to act of its personnel that occur or arise in any way out of the per- formance of this contract by its personnel only and to save and hold the other party and its personnel and officials harm- less from all costs, expenses, losses and damages, including cost of defense, incurred as a result of any acts or omissions of the parties' personnel relating to the performance of this contract. 7. Notices. All notices, requests, demands and other communications required by this agreement shall be in writing and, except as expressly provided elsewhere in this agreement, shall be deemed to have been given at the time of delivery if personally delivered or at the time of mailing if mailed by first class, postage pre-paid and addressed to the party at its address as stated in this agreement or at such address as any party may designate at any time in writing. 8. Modification. This instrument constitutes the entire agreement between the parties and supercedes all prior agree- ments. No modification or amendment shall be valid unless evidenced in writing, properly agreed to and signed by both parties. KP2WA0286 -2 9. Benefits. 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. 10. City Hydrants and Water. As additional consideration for the above service, the City agrees to allow the District the use of its fire hydrants during the term of this agree- ment, for the purpose of extinguishment of all types of fires that may occur on Bainbridge Island and further use of said hydrants and water for District fire drills and practice drills, all of which shall be furnished, without cost to the District: PROVIDED THAT where water consumption for any drill or practice shall exceed 10,000 gallons during any 24 hour period, the District shall notify the maintenance supervisor prior to any such use, so that sufficient water may be made available. The City reserves the right to restrict water con- sumption, or use of certain hydrants for drill or practice purposes when, in the opinion of the City, such use would be detrimental to the municipal water system, or necessary for water conservation purposes. 11. Fire Investigation Reports. As soon as practical after any fire has occurred within the City and after investi- gation has been made, the District Fire Chief or the Chief's designee will submit a report to the City of the evaluation of the cause of the fire including any recommendations for future fire prevention. In the event any fire occurs under suspi- cious circumstances tending to indicate the possible commis- sion of a criminal act, the Fire Chief will promptly so notify the City Police and Mayor of the suspicions. 12. City Maps. The City agrees to provide an up-to-date map of the boundary limits of the City and after annexation of any additional areas a revised map will be, as soon as pos- sible, transmitted to the District, in triplicate, showing the new City boundaries. 13. City Ordinances. The City agrees to provide the dis- trict with two (2) copies of all City ordinances pertaining to fire regulations and to provide updated copies where changes in ordinances are made. 14. Annexation. In the event of the annexation of the City to the District, this contract shall terminate at such time as the District levies real property taxes within the KP2WA0286 -3 City limits. The parties agree to renegotiate the contract at that time. DATED this 6th day of MaFch , 1986. KITSAP COUNTY FIRE PROTECTION DISTRICT NO. 2 CITY OF WINSLOW Secretary Mayor Attest: KP2WA0286 -4