RES 89-57 FIRE AND EMERGENCY MEDICAL PROTECTION AGREEMENTPrepared:
12-1-89
To Be Considered:
12-7-89
FIRE CONTRACT
RESOLUTION NO. 89-57
A RESOLUTION OF THE CITY OF WINSLOW, WASHINGTON,
APPROVING A FIRE AND EMERGENCY MEDICAL PROTECTION
AGREEMENT.
WHEREAS, the City Council of the City of Winslow,
Washington, feels 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 Kitsap County Fire Protection
District No. 2, to provide fire and emergency medical
protection; 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 agreement (Exhibit A attached hereto)
for fire and emergency medical protection between the
City of Winslow and Kitsap County Fire Protection
District No. 2, is hereby approved.
PASSED BY THE CITY COUNCIL of the City of Winslow,
Washington, this 7th day of December , 1989.
ALICE B.
ATTEST/AUTHENTICATE:
APPROVED AS TO FORM:
ROBERT O. CONOLEY, City orne
MEMORANDUM
DATE: NOVEMBER 7, 1989
TO: MAYOR TAWRESEY
FROH: NElL Q. GOOD ~ ~
SUBJECT: CONTRACT
tiOV - 8. 1989
I have made the requested adjustments on the contract for your review. I
modified the format to accomodate the changes.
I wilt be presenting the contract to the Board of Commissioners for review
at the November 15th meeting.
Should you have any questions prior to my presentation please contact me
at 842-7686.
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 "DistMct".
and the City of Winslow. a municipal corporation. hereafter referred to as
"City".
This agreement is entered into by the City under the authority of RCW
35A. 11.040 and tile Distri~;t under the authority of RCW 52.12.031 and in
conforrnity with RCW 39.34. the Interlocal Cooperation Act.
To c-arry out the purposes of this agreement and in consideration of
the benefits to be recei'.;ed by each party, it is agreerl as follows:
1. Effective date and termination. Titis agreement shali be effective
on Januar~ 1. 1990 and remain in effect until December31, 1992.
2. Fire and Medical Services. The Distri~_t agre.es to furnish fire
protection and emergency medical services to all_properties and persons
present1[y within or annexaM to the City including at1 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
circurnstamses be[Zond it.s ~o' tq-t. In-the ~'/~+ n~ '
c n ~j .. ....~ _~ s~multaneous fire ar
medica] ,~id calls within the City and outside of~he City whereby
facilities of the District are taxed beL4ond its abii~ty to render equ~F _
protection, the officers and agents of the DistriLl. shail have discretion as
to which ca1! shai1 be answered first. The District shall be the sole judge
as to the most expeditious manner of handling and responding to
emergency calls.
3. Ernergen,:~j Cdsr, atching Sm-vir:~:-: The distri,-t aqrees to pay fr, r '~
fire and medical ernergency dispatching services to the City of Winslow. ~
Pa~jment will be made directly, to Kitsap CeuntN Central Communications/
by the District. ~'
4. Building h-,:~DeCtinn Services. Tt~e district aqrees to administer a -s'~'
builMing inspectin;V bro.irZ3m unl~.: rlotifi~d b~ 1 D~:~mb~r of the previou
year that the City will perform this function. The prograrn shall be /
consistent witt~ the standards of RCW 48.48 for all commercial buildings / .
located within the City Limits.
November '~ 1989 1
5. Planning Services. The District agrees to eva~uate site, building
and subdivision plans reviewed by the City to provide recommendations on
sprinkler systems, hydrants and other fire protection systems/devices.
The CEO shall designate a representative to attend the City's Technical
Staff meetings as requested by the City.
6. Payment by City for Services.
6.1 In exchange for the services by the District, as set forth in
paragraph 2 of this agreement, the City agrees, beginning January 1, 1990
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.
6.2 In exchange for the services by the District, as set forth in
~ ~ nlj'l
paragraphs ~ of this agreement, the CitN agrees, begin ' g January 1,
1990, to pay annually to the District an amount equal to .04 cents per
:~t,000.00 of assessed valuation of taxable property located within the
limits of the City. _
6.3 In exchange for the services by the District, as set forth in
paragrapt~ --' of this agreement, the City agrees, beqinnin~ Januaru I laao
to pay annually to the District an amount equal to .03 cents per $1,000.00
of assessed valuation of taxab!e property located within the limits of the
5.-4 Assessed valuation: shall be the regular assessed valuation
established annually by the Kitsap County AsseSCorts O~fice.:-
6.5 The Citq aQrees to collect for tt~e District and to pass along to'~
th~ District pay~e~ for fire protection by },Vashington State Department
oRC C,;ommunity Development for state owned buildings and facilities per
6.6 Morietary payrnents by the City to the District shall be made
quarterly on March 31, .June 30, September 30 and December 31.
7. Liability. Each of the parties shall, at all times b e solely
responsible for the acts or the failure to act of its personnel that occur or
arise in any way out of the performance of this contract by its personnel
only and to save and hold the other party and its personnel and officials
No'.;ernber ~ 198'~ '~
harmless 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.
8. 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 prepaid 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.
9. Modification. This agreement repr-esents the entire agreement
between the parties, No change, termination or attempted waiver of any of_
the pro',;isions of this agreement shall be binding on either of the parties
unless executed in writing by authorized representati,;es of each of the
parties. The agreement shall not be modified, supplemented or otherwise
aff'ected by the course of dealing bet:~:een the parties.
10. Benefits: This agreemenf. iis entered into for the benefit of the
i~. -?~es tn
p r., __ this isgreement only anr~ shall confer no benefits, direct or
in~plierl, on any third persons.
11. City Hydrants and Water. As additional consideration for the
ab~sve service, the City agrees to allow the District the use of its fire
h!ydrants during the terrp of this 'agreement, forthe purpose of
extinguishmerit of all types of fires that may occur on Bainbridge lsiand
and further use of said hyd~-!snts and water for'Dis[rict fire drills and
practice rlrills i~,11 f which st~all be furnished without cost to the District:'
PROVIDED THAT where water consumption for any drill or practice shall
excesd I0,000 gallons duri!~g 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
consumption, 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.
12. Fire Investigation Reoorts. As soon as practical after any fire
has occurred within the City and after investigation has been made, the
District will submit ~ 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 suspicious circumstances tending to indicate
No,.;ember':~ 1'a8,~ 3
the p~ssible commission of a criminal act, the District will promptly so
notify the City Police and Mayor of the suspicions.
13. City Maps. The City agrees to provide an up-to-date map of the
boundary limits of the City and after annexation of any addition areas a
revised map will be, as soon as possible, transmitted to the District, in
triplicate, showing the new City boundaries.
14. City Ordinances_ The City agrees to provide the District with two
(2) copies of all City ordinances pertaining to fire regulations and to
provide updated copies where change in ordinances that could affect the
cost of services provided by the District.
15. Annexation. n the event. O~-the annexation of the City to the
District, this contract shall terminate-as such time as the District levies
real property taxes within the CitZy limits. The parties agree to
ren~gotiate the contract at that time.
16. Prooerty Ownership. Al~-"proc~e'rtN'acq~ired by the'District in
or~er to carry out its services to be provided by this agreement, st~atl
remain the property of the District in the event of the termination of this
agreement.
17. Severability. If any provision of this agreement or its
application is held invalid, the remainder of the agreement or. the'
application of the remainder of ther'agreement shall no~. be aff~zcted.
18. Litigation In the event of'l_i'tigation conce~i~g the 'terms of or
performance under this agreement, the prevailing party, in addition to
costs, shall be entitled to reasonable attorney's fees as determined by the
court.
19. Non-Exclusive Agresment. The parties to this agreement shall
not be prec!uded from entering into similar agreements with other
municipalities.
November 2, 1989 4
DATED this
day of.
1989
KITSAP COUNTY FIRE PROTECTION
DISTRICT NO. 2
By'
C hair
CITY OF WINSLOW
Mayor
By'
5~retarg
Attest:
Clerk
November o 1989 5