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HomeMy WebLinkAbout0254 - Snohomish County Fire District 12 - Agreement - Joint Operation of Fire and Medical FacilitiesFIFTH AMENDMENT TO AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES DATED APRIL 18 , 2016 This Fifth Amendment to the Agreement for Joint Operation of Fire and Emergency Medical Protection Facilities dated April 18 , 2016 , is entered into between SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO . 12 , a municipal corporation , hereafter referred to as "District 12 ," and the CITY OF MARYSVILLE, a municipal corporation, hereafter referred to as "City." WHEREAS , during February 2019, the parties approved a joint resolution to submit a plan for formation of a regional fire protection authority to the voters of the City and District 12; and WHEREAS , on Apri l 23, 2019 , v oters approved the formation of a regional fire protection authority which pursuant to Chapter 52.26 RCW included approval of a regional fire protection service authority plan ("Plan") providing for the governance, design , financing, and development of fire protection and emergency services; and WH EREAS , the Plan approved by voters provided that a regional fire protection authority would be effective October 1, 2019 ; and WHEREAS , on the effective date of the regional fire protect ion authority , there will be no further need for this agreement. NOW , THEREFORE, The Agreement between the City and District 12 dated April 18 , 2016 , including its First, Second , Third and Fourth Amendments , is amended as follows: 1. Section 2 entit led , "Term ," is amended to read as follows: "This agreement shall be effective August 1, 2003 and shall terminate September 30, 2019 at midnight, unless extended by mutual written agreement of the parties." FIFTH AMENDMENT TO AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES DATED APRI L 18, 20I6-I OR\G\NAL DATEDTHIS ,?'[fl-DAYOF 5-;Je.-..-k •---, 2019. CITY OF MARYSVILLE Mayorji~ -~~City Clerk Approved as to Form: SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 12 Chairperson ~n~-~ ~ Fire District Secretary Approved as to Form: FIFTH AMENDMENT TO AGREEMENT FOR JO I NT OPERAT ION OF FIRE AND EMERGENCY MED ICAL PROTECTION FACILITIES DATED APRJL 18, 2016 -2 FOURTH AMENDMENT TO AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES DATED APRIL 18, 2016 This Fourth Amendment to the Agreement for Joint Operation of Fire and Emergency Medical Protection Facilities dated April 18, 2016, is entered into between SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 12, a municipal corporation, hereafter referred to as "District 12," and the CITY OF MARYSVILLE, a municipal corporation, hereafter referred to as "City." WHEREAS, the parties have been negotiating to develop a service delivery model for provision of fire and EMS services; and WHEREAS, the parties are continuing discussions of the service delivery model; and WHEREAS, the parties agree that extending the cmTent agreement to December 31, 2019, is necessary to continue to deliver fire and EMS services to citizens. NOW, THEREFORE, The Agreement between the City and District 12 dated April 18, 2016, including its First and Second Amendments, is amended as follows: 1. Section 1.5 is amended to read as follows: "1.5. 'Board of Directors' or 'Board' shall mean the joint board composed of four appointees of the City and three appointees of the District as further described in paragraph 4 below." 1. Section 2 entitled, "Term," is amended to read as follows: "This agreement shall be effective August 1, 2003 and shall terminate December 31, 2019, unless extended by mutual written agreement of the parties." 2. Section 3 entitled, "Renegotiation of Terms," 1s amended to read as follows: "During calendar years 2018 to 2019 the parties, either through designated staff and/or through committees appointed by the City and Fire District 12 agree within 14 days of full execution of this Agreement to establish a regular schedule to meet and negotiate in good faith for the purpose of developing a service delivery model for provision of fire and EMS services to their respective jurisdictions after the expiration of this Agreement. Service delivery models to be negotiated may include, but not be limited to the following: A. Renewal or extension of this Agreement with appropriate revisions; B. Establishment of a Regional Fire Authority; C. Establishment of separate City and Fire District departments FOURTH AMENDMENT TO AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES DATED APRIL 18, 2016 -I In the event the parties are unable to reach written agreement to either extend this agreement with revisions or to develop a mutually agreed upon alternative service delivery model by September 1, 2019, the parties will begin the process of winding down the Marysville Fire District and taking the necessary steps consistent with this agreement and applicable law to independently provide services to their respective jurisdictions. Each party pledges to cooperate and exercise good faith to accomplish a smooth transition." 4. Section 4, entitled, "Board of Directors" is amended to read as follows: "BOARD OF DIRECTORS. The operations of the Department necessary to carry out the purposes of this agreement shall be administered by a Board of Directors consisting of seven members, as defined in this agreement. The City shall appoint four members to the Board of Directors, provided that the appointees shall consist of four city council members or three city council members and the mayor. District 12 shall appoint three fire commissioners to the Board. The Board shall have the authority to administer and manage the operations of the Marysville Fire District, all jointly owned properties and equipment and all properties and equipment of each party used by the Marysville Fire District. The Board shall have the authority and powers granted by this instrument and such additional authority and powers as may from time to time be conferred on it by the legislative bodies of both parties. A quorum of the Board shall consist of a simple majority of the appointed members. Actions of the Board shall require the affirmative vote of the majority of the members of the Board present. The Fire Chief shall report to and operate under the supervision and control of the Board of Directors. The Board shall have the power to: follows: i. Develop or amend appropriate board governance procedures, such as by-laws, and to appoint a Chair. ii. Approve the Department budget. 111. Appoint the Fire Chief and, when appropriate, terminate the Fire Chief. Supervise the Fire Chief, through its Chair, to include an annual performance appraisal. 1v. Set the salary range for the Fire Chief. v. Adopt personnel rules and regulations for Department employees. vi. Ratify collective bargaining agreements for Department employees. vn. Set service and performance goals for the Department." 5. Section 5, entitled, "Meetings of the Board of Directors," is amended to read as FOURTH AMENDMENT TO AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES DATED APRIL 18, 2016 -2 "MEETINGS OF BOARD OF DIRECTORS. All meetings of the Board of Directors shall be held in compliance with the Open Public Meetings Act , chapter 42.30 RCW. Meetings will be held in the Marysville City Council chambers and the date and time of the regular monthly meeting of the Board of Directors shall be established by reso lution of the Board." 9. Section 13.8 entitled, "Financial Contribution By City," is amended to read as follows: "The 2019 contribution is estimated to be $ _ $12 , 104,597 , with estimated District combined le vy rate of$_$1.5134 /$1 ,000 AV (regular le vy -$_$1.0 165 /$1,000 and EMS Levy -$_$0.4969 __ /$ l ,OOO AV)." 4. Except as provided herein, all other provisions of the agreement between the parties dated April 18, 2016, including its First, Second, and Third Amendments, shall remain in full force and effect, unchanged. DATEDTHIS l 1 DAYOF _~(:J~ekJ~~·~~~~-·20 1 8. CITY OF MARYSVILLE SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 12 3 ~ tJJ c ~ Commissioner ti . &tre~ ------<=--~~------------------------------------------------------~~~~~~-Def() City Clerk Commissioner FOURTH AMENDMENT TO AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES DATED APRlL 18 , 2016-3 Approved as to Form: Fire District Secretary Approved as to Form: FOURTH AMENDMENT TO AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES DATED APRIL 18, 2016-4 THIRD AMENDMENT TO AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES DATED APRIL 18,2016 This Third Amendment to the Agreement for Joint Operation of Fire and Emergency Medical Protection Facilities dated April 18 , 2016, is entered into between SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 12 , a municipal corporation, hereafter referred to as "District 12," and the CITY OF MARYSVILLE, a municipal corporation, hereafter referred to as "City." WHEREAS, the parties have been unable to meet the September 1, 2017, deadline in the Agreement for deve loping a service delivery model for provision of fire and EMS services; and WHEREAS, the parties are continuing discu ssio ns of the service delivery model ; and WHEREAS , the parties agree that extending the current agreement for one year is necessary to continue to deliver fire and EMS services to citizens. NOW, THEREFORE, The Agreement between the City and District 12 dated April 18, 2016, including its First and Second Amendments, is amended as follows: 1. Section 2 entitled, "Term," is amended to read as follows: "This agreement shall be effective August l , 2003 and shall terminate December 31, 2018, unless extended by mutual written agreement of the parties ." 2. Section 3 entitled, "Renegotiation of Terms," is amended to read as follows : "During calendar year 2018 the parties , either through designated staff and/or through com mittees appointed by the City and Fire District 12 agree withi n 14 days of full execution of this Agreement to estabiish a regular scheduie to meet and negotiate in good faith for the purpose of developing a service delivery model for provision of fire and EMS services to their respective jurisdictions after the expiration of this Agreement. Service delivery models to be negotiated may include, but not be limited to the following: A. Renewal or extension of this Agreement with appropriate revisions; B. Establishment of a Regional Fire Authority; C. Establishment of separate Ci ty and Fire District departments T HIRD AMENDMENT TO AGREEMENT FOR JOINT O PERAT ION OF FIRE A ND EME RG ENCY MEDICAL PROT ECT ION FACILITIES DAT ED APRIL I8, 20 16 -I In the event the parties are unable to reach written agreement to either extend this agreement with revisions or to develop a mutually agreed upon alternative service delivery model by September 1, 2018, the parties will begin the process of winding down the Marysville Fire District and taking the necessary steps consistent with this agreement and applicable law to independently provide services to their respective jurisdictions . Each party pledges to cooperate and exercise good faith to accomplish a smooth transition." 3 Section 13.8 entitled, "Financial Contribution By City," is amended to read as follows: "The 2018 contribution is estimated to be $11,338,836, with estimated District combined levy rate of$1.5871 /$1,000 AV (regular levy-$1.0871/$1,000 and EMS Levy-$0.50/$1,000 AV)." 4 . Except as provided herein, all other provisions of the agreement between the parties dated April 18, 2016, including its First and Second Amendments, shall remain in full force and effect, unchanged . DA TED THIS :J...1 DAY 0 F _\.J----"'--o ..J-'--e..=m'-'--'---"bi__.rt..,___ ___ , 2017. CITY OF MARYSVILLE Approved as to Form: SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 12 Commissioner Fire District Secretary THIRD AMENDMENT TO AGREEM ENT FOR JO I NT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES DATED APRIL I 8, 20 I 6-2 Approved as to Form: ~!n<=o ~~ T HIRD AM ENDMENT TO AGREEMENT FOR JO I NT OPERAT I ON OF I-IR~ A ND EMERGENCY MED ICAL PROTECTI ON FAC ILI T I ES DATED APRIL 18, 20 16-3 3 SECOND AMENDMENT TO AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES DATED APRIL 18, 2016 This Amendment to the Agreement for Joint Operation of Fire and Emergency Medical Protection Facilities dated April 18, 2016, is entered into between SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 12, a municipal corporation, hereafter referred to as "District 12," and the CITY OF MARYSVILLE, a municipal corporation, hereafter referred to as "City." WHEREAS, the parties have agreed on a formula for disposition of assets to satisfy the expectations of the Washington State Audit.or during the term of this Agreement; and WHEREAS, the parties have also agreed on the appropriate formula for the disposition of assets upon the termination of this Agreement; and WHEREAS, the parties agree that utilizing the formula set forth in RCW 35A.14.380 is appropriate; and WHEREAS, the parties are committed to continue to deliver fire and EMS services to citizens in the area currently served by the Marysville Fire District. NOW, THEREFORE, The Agreement between the City and District 12 dated April 18, 2016, is hereby amended as follows: 1. Section 17.1, ''Disposition of Assets," is amended to read as follows: (1) The parties agree that for the purpose of satisfying the requirements of the Washington State Auditor, the assets of the Marysville Fire District shall be apportioned utilizing the formula of RCW 35A.14.380. For the 2016 annual reporting year the percent split is as follows: 78.25% to the City and 21.75% to FPD 12 until this agreement is terminated. (2) For the pwpose of dividing assets upon termination of this agreement the parties further agree that the assets of the Marysville Fire District and the assets of FPD 12 shall vest in the City upon payment in cash, properties or contracts for fire protection services to FPD 12 within one year, of a percentage of the value of said assets equal to the percentage of the value of the real property in FPD 12 outside the City, consistent with the formula contained in RCW 35A.14.380. This percentage will be determined by dividing the assessed value of real property in FPD 12 by the sum of the assessed value of real property in FPD 12 and the City (i.e. that area currently encompassed within the Marysville Fire District). For putposes of this Agreement the reference to "assets" shall mean all real and personal property ofFPD 12 and Marysville Fire District. Within thirty days of termination of the Agreement the City and District 12 agree to meet and negotiate in good faith the method and apportionment of the payment by the City to the District in cash, properties, or contracts referenced herein. SECOND AMENDMENT TO AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES DATED APRIL 18, 2016-1 (3) In calculating the division of assets, the value of the Administration Building, located at 1094 Cedar Avenue (tax pa.reel number 00585600301000), will be reduced by $750,000.00 and the $750,000.00 credited to FPD 12. ( 4) In the event this Agreement is terminated and assets are distributed to the parties in accordance with this section, the parties agree that the assets will be used to provide fire and emergency medical services within their respective jurisdictions. (5) The City shall offer to assume responsibility for fire protection services throughout the district in exchange for FPD 12 paying a reasonable fee for sucb fire protection~ but FPD 12 is not obligated to accept such offer. 2. Except as provided herein, all other provisions of the agreement between the parties dated April l 8, 2016, shall remain in full force and effect, lDlchanged. DATED THIS (}. {p DAY OF _____,~"""f-"-~"""-' ·..__/ ____ , 2017. CITY OF MARYSVILLE ~ City omey SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 12 Fire District Secretary Approved as to Form: ~ /J~/\J-/c,l " Fire Prorection District 12 Attorney SECOND AMENDMENT TO AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTJON FACILITIES DATED APRIL 18, 2016-2 FIRST AMENDMENT TO AGREEMENT FOR JOINT OPERATION OF FIRE AND ENTERGENCY MEDICAL PROTECTION FACILITIES DA TED APRIL 18, 2016 This Amendment to the Agreement for Joint Operation of Fire and Emergency Medical Protection Facilities dated April 18, 2016, is entered into between SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 12, a municipal corporation, hereafter referred to as "District 12," and the CITY OF MARYSVILLE, a municipal corporation, hereafter referred to as "City." WHEREAS, the parties have been unable to meet the September 1, 2016, deadline in the Agreement for developing a service delivery model for provision of fire and EMS services; and WHEREAS, the parties are continuing discussions of the service delivery model; and WHEREAS, the parties agree that extending the current agreement for one year is necessary to continue to deliver fire and EMS services to citizens. NOW, THEREFORE, The Agreement between the City and District 12 dated April 18, 2016, is hereby amended as follows: I. Section 2 entitled, "Tenn," is amended to read as follows: "This agreement shall be effective August 1, 2003 and shall tenninate December 31, 2017, unless extended by mutual written agreement of the parties." 2. Section 2 entitled, "Renegotiation of Terms," is amended to read as follows: "During calendar year 2017 the parties, either through designated staff and/or through committees appointed by the City and Fire District 12 agree within 14 days of full execution of this Agreement to establish a regular schedule to meet and negotiate in good faith for the purpose of developing a service delivery model for provision of fire and EMS services to their respective jurisdictions after the expiration of this Agreement. Service delivery models to be negotiated may include, but not be limited to the following: A. Renewal or extension of this Agreement with appropriate revisions; B. Establishment of a Regional Fire Authority; C. Establishment of separate City and Fire District departments FIRST AMENDMENT TO AGREEMENT FOR JOINT OPERATION OF FILE AND EMERGENCY MEDICAL PROTECTION FACILITIES DATED APRIL 18, 2016-I W/GW/15-056/First Amend Agree for Joint Operation Fire Emergency Medical 4. 18 .16.RED In the event the parties are unable to reach written agreement to either extend this agreement with revisions or to develop a mutually agreed upon alternative service delivery model by September l, 2017, the parties will begin the process of winding down the Marysville Fire District and taking the necessary steps consistent with this agreement and applicable law to independently provide services to their respective jurisdictions. Each party pledges to cooperate and exercise good faith to accomplish a smooth transition." 3 Section 13.8 entitled, "Financial Contribution By City," is amended to read as follows: "The annual financial contribution by the City will be based on the levy rate for regular real property taxes assessed by the District multiplied by the total assessed value of taxable properties located within the City limits, including new construction and utilities calculated on the same basis as the District to the City's assessed value. The contribution shall be paid to the Board of Directors in equal monthly installments. The 2017 contribution is estimated to be $10,076,327 with estimated District combined levy rate of $1.565695/$1,000 AV (regular levy - $1.17855/$1,000 and EMS levy-$0.387144/$1,000 AV)." 4. A new subsection, 17.1, is added to section 17 to read as follows: "Disposition of Assets. Consistent with the provisions of the Interlocal Agreement, and ffi-in accordance with the expectations of the Washington State Auditor, the City and District 12 will agree on a disposition of assets by February 1, 2017. If the parties cannot reach agreement, the processes in section 30 will be utilized." 5. Section 30 entitled, "Dispute Resolution," is amended to read as follows: "In the event of a disagreement between the parties relating to the interpretation of the terms of this agreement or the disposition of assets, the parties agree that they shall first attempt to resolve the issue using mediation. If mediation is unsuccessful, such dispute shall be resolved by binding arbitration. The arbitration shall be conducted by a panel of three (3) arbitrators. Each party shall appoint an arbitrator, and the two arbitrators shall appoint a third arbitrator. Unless different rules are adopted by the Board of Arbitrators, the rules of the American Arbitration Association shall apply with respect to the arbitration proceedings. 6. Except as provided herein, all other provisions of the agreement between the parties dated April 18, 2016, shall remain in full force and effect, unchanged. FIRST AMENDMENT TO AGREEMENT FOR JOINT OPERATION OF FILE AND EMERGENCY MEDICAL PROTECTION FACILITIES DATED APRIL 18, 2016 -2 W/GW /I 5-056/First Amend Agree for Joint Operation Fire Emergency Medical 4.18.16.RED DATED THIS ~JS'------_ DAY OF fet.tv.n httv '2016. CITY OF MARYSVILLE Approved as to Form: ~ )...._ ___ "- SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 12 ~~ laill)erson /~VY1(_~ Fire District Secretary Approved as to Form: ~~.wJJ FifePfOttttion District 12 Attorney FIRST AMENDMENT TO AGREEMENT FOR JOINT OPERATION OF FIL E AND EMERGENCY MEDICAL PROTECTION FACILITIES DATED APRIL 18 , 2016-3 W/GW/15-056/Firsl Amend Agree for Joint Opcralion Fire Emergency Medical 4 .18.16.RED 3 AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES THIS AGREEMENT is entered into between SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 12, a municipal corporation, hereafter referred to as "District 12," and the CITY OF MARYSVILLE, 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 District 12 under the authority of RCW 52.12.031 and in conformity with Chapter 39.34 RCW, the Interlocal Cooperation Act. The City and District 12 previously each maintained and operated their own fire department to provide fire protection, fire suppression and emergency medical services in its respective area. The City and District 12 determined that it is in the best interest of each of the municipal corporations to establish a Consolidated Fire Department to be operated under the control and direction of a Board of Directors as defined by this agreement. The City and District 12 initially entered into an Agreement for Joint Operations of Fire and Emergency Medical Protection Facilities on October 16, 1991 with updates on September 15, 1993 and have now determined that further updates and revisions to the agreement are appropriate and necessary. Accordingly, the parties wish to enter into this agreement and any amendments thereto. 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. DEFINITIONS. The following terms, when used in this agreement, shall be defined as follows: 1.1. "City" shall mean the City of Marysville. 1.2. "District 12" shall mean Snohomish County Fire Protection District No. 12. 1.3. "Department", "Fire Department" "District" or "Consolidated Fire Department" shall mean the combined operating fire departments of the City and District 12, hereinafter referred to as the "Marysville Fire District." 1.4. "Fire Chier' shall mean the chief of the Fire Department appointed by the Board of Directors. 1.5. "Board of Directors" or "Board" shall mean the joint board composed of three appointees of the City and up to six appointees of the District as further described in paragraph 4 below. 2. TERM. This agreement shall be effective August l, 2003 and shall terminate December 31, 2016 unless extended by mutual written agreement of the parties. AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES -1 W/GW/15-056/Fire ILA.F.04.12.16 3. RENEGOTIATION OF TERMS. During calendar year 2016 the parties, either through designated staff and/or through committees appointed by the City and Fire District 12 agree within 14 days of full execution of this Agreement to establish a regular schedule to meet and negotiate in good faith for the purpose of developing a service delivery model for provision of fire and EMS services to their respective jurisdictions after the expiration of this Agreement. Service delivery models to be negotiated may include, but not be limited to the following: A. Renewal or extension of this Agreement with appropriate revisions; B. Establishment of a Regional Fire Authority; C. Establishment of separate City and Fire District departments In the event the parties are unable to reach written agreement to either extend this agreement with revisions or to develop a mutually agreed upon alternative service delivery model by September 1, 2016, the parties will begin the process of winding down the Marysville Fire District and taking the necessary steps consistent with this agreement and applicable law to independently provide services to their respective jurisdictions. Each party pledges to cooperate and exercise good faith to accomplish a smooth transition. 4. 4 BOARD OF DIRECTORS. The operations of the Department necessary to carry out the purposes of this agreement shall be administered by a Board of Directors consisting of a minimum of six members, and a maximum of nine members, as defined in this agreement. The City shall appoint three members to the Board of Directors, provided that the appointees shall consist of three City Council members or two city council members and the Mayor. District 12 shall appoint no less than three and no more than six members to the Board of Directors. Provided, that the appointees shall consist of Commissioners of District 12. Pursuant to the merger of Fire District No. 20 into Fire District No. 12, District 12 will, initially, appoint 6 members to the Board of Directors and reduce its Board membership down to three in accordance with RCW 52.06.085. The Board shall have the authority to administer and manage the operations of the Marysville Fire District, all jointly owned properties and equipment and all properties and equipment of each party used by the Marysville Fire District. The Board shall have the authority and powers granted by this instrument and such additional authority and powers as may from time to time be conferred on it by the legislative bodies of both parties. A quorum of the Board shall consist of a simple majority of the appointed members. Actions of the Board shall require the affirmative vote of the majority of the members of the Board present. The Fire Chief shall report to and operate under the supervision and control of the Board of Directors. 5. MEETINGS OF BOARD OF DIRECTORS. All meetings of the Board of Directors shall be held in compliance with the Open Public Meetings Act, chapter 42.30 RCW. The date and time of the regular monthly meeting of the Board of Directors shall be established by resolution of the Board. AGREEMENT FOR JOINT OPERATION OF FlRE AND EMERGENCY MEDICAL PROTECTION FACILITIES· 2 W/GW/15-056/Fire ILA.F.04.12.16 6. LIMITATION OF THE BOARD OF DIRECTORS. The Board of Directors shall have no authority to modify or revise the terms of this agreement. In the event the Board of Directors shall be unable to reach an agreement on any matter before it, such matter shall be referred to the City Council and the Board of Commissioners of District 12 for resolution. 7. CITY SERVICES. The Board of Directors shall provide the following services within the City limits: 7 .1 . Fire prevention services. 7.2. Fire suppression services. 7.3. Emergency medical services. 7.4. Hazardous materials incident response services. 7.5. Uniform Fire Code inspection services. 7.6. Uniform Fire Code preconstruction building plan review services. 7.7. Uniform Fire Code investigation services. 7.8. Technical Rescue Services. 8. DISTRICT 12 SERVICES. The Board of Directors shall provide the following services within the boundaries of District 12. 8.1. Fire prevention services. 8.2. Fire suppression services. 8.3. Emergency medical services. 8.4. Hazardous materials incident response services. 8.5. Technical Rescue Services. 9. LEVEL OF SERVICES. Fire prevention, fire suppression, emergency medical, technical rescue and hazardous materials incident response services shall be provided at the same level to each of the parties under the terms of this agreement. In the event of simultaneous emergencies within the City and District 12 whereby the resources of the Department are taxed beyond its ability to render equal protection, the officers and agents of the Department shall determine how to allocate the resources of the Department. The parties recognize that Snohomish County has the statutory jurisdiction to enforce the provisions of the Uniform Fire Code within the bowidaries of District 12 rather than District 12 itself. AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES -3 W/GW/15-056/Fire ILA.F.04.12.16 10. OPERATIONS COMMITTEE. An Operations Committee is fonned consisting of the Fire Chief, the Mayor, and the Chief Administrative Officer of the City. The Operations Committee which shall act in an advisory capacity only to the Chief and Board of Directors shall: 10.1. Provide input on the development of operational priorities, policies, and procedures and recommend their adoption by the Board. 10.2. Provide input on the preparation of a budget and present the budget to the Board for approval. 10.3. Monitor revenues and expenditures and provide input as to whether budgetary targets are being met. 10.4. Provide input for the establishment of objectives for collective bargaining and direct negotiation strategy. 10.5. Provide input regarding Department operations and Department policies and procedures. 10.6. Obtain assistance of key staff from the District and the City and require attendance of such staff at meetings of the Operations Committee. 10. 7. Meet at least monthly. 11. BUDGET. The Operations Committee shalJ provide input on the preparation of a proposed operating budget to the Board of Directors for the Marysville Fire District in accordance with the Budgeting, Accounting and Reporting System (BARS) established by the Washington State Auditor's Office, establishing the annual income and expense requirements of the Department and the capital expenditures required for the operation of the Department. The Board of Directors shall review the proposed budget and submit an estimate of the City's cash contribution amount to the City and the District not later than October 1 of each year. Approval of the budget shall require a majority vote of the Board of Directors. After a budget is adopted by the Board of Directors, a copy shall be submitted to the Marysville City Council and District 12 Commissioners. In the event the Board of Directors cannot agree on a Budget, the Board shall notify each of the parties to this agreement. The parties to this agreement shall negotiate a compromise on the budget or budget item(s), and shall have authority to approve such on behalf of the Marysville Fire District. In the event the parties to this agreement cannot reach a compromise, the parties agree to utilize arbitration as outlined in section 29-Dispute Resolution of this agreement. In the event it shall be necessary, during any calendar year, for the budget to be amended, the Operations Committee shall provide input on a budget amendment for submittal to the Board for review. Upon approval by the Board of Directors, the amendment shall be AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES -4 W/GW/l 5-056/Fire ILA.F.04.12.16 submitted to the governing body of each party for approval in the event the amendment shall require an additional contribution of funds by either party. 12. SPECIAL FUND. The Board of Directors shall create a special operating fund with the County Treasurer's office to be used for the payment of the operating costs of the Fire Department. The Board of Directors shall be responsible for the proper management and accounting of all funds coming into the possession of the Board of Directors. The financial affairs of the Board of Directors shall be conducted in accordance with applicable federal and state laws and regulations. 13. FUNDING OF SPECIAL FUND. Each of the parties agrees to fund the operations of the Department under the following provisions: 13.1. Financial Contribution by District 12. District 12 agrees to levy regular real property taxes, as determined by its Board of Commissioners, on taxable property located within the District. The Board of Directors shall provide sufficient funds for the following District 12 operations: 13.2. Commissioners' fees pursuant to RCW 52.14.010. 13.3 Membership fees for state and local municipal corporation associates and commissioners' associations. 13.4 Board of Directors' travel expenses and expenses incurred in attending meetings, legislative and administrative hearings and all other such functions. 13.SAttomeys', accountants', auditors' and investment officers' fees and costs. 13.6Election expenses. 13. 7 Such other reasonable and necessary expenses as may be incurred from time to time by District 12 and its Board of Commissioners that are not attributable to the operation of the Department. 13.8 Financial Contribution By City. Each year an agreeme~t as to the financial contribution by the City for the ensuing year will be finalized by September 30th. In the event the parties agree to extend the term of this Agreement beyond December 31, 2016 any extension of this Agreement shall include a formula for each party's :financial contribution that can be applied automatically so as to eliminate the need to develop a formula annually. The contribution shall be paid to the Board of Directors in equal monthly installments. 13.9 District Regular Tax Limitations. District 12 agrees that it will not seek voter approval of the lifting of the LID limitation on its regular or emergency medical services regular real property tax levy without the consent of the City. District 12 agrees that it will not voluntarily lower its regular or emergency medical services regular real property tax levy without the consent of the City. AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES -5 W/GW/15-056/Fire ILA.F.04.12.16 14 EMPLOYMENT OF PERSONNEL. District 12 shall be the employer of all personnel required to perform the services provided for in this agreement. The Board of Directors shall provide funds to the District to pay all wages, salaries, employment benefits, payroll truces and any other expenses associated with the paid personnel. It is further agreed that future medical benefits required by statute to be provided to LEOFF I personnel whose employment is transferred from the City to District 12 shall be funded by the Board of Directors. District 12 assigns its authority to manage, supervise, employ, terminate and contract with employees to the Board of Directors. 15 ASSIGNMENT OF PERSONNEL AND EQUIPMENT. Under the provisions of the Board of Directors, the chief shall be responsible for the supervision, employment, termination, assignment and stationing of all personnel and equipment of the Department. In exercising such authority, the Fire Chief shall consult with the Board of Directors to insure that an adequate level of protection is provided within the geographical boundaries of each of the parties. 16 FIRE CIDEF AND FIRE MARSHAL. The City agrees that it will recognize the Fire Chief and Fire Marshal of the District as the Fire Chief and Fire Marshal of the City. The Fire Chief and Fire Marshal shall cooperate with the City building officials and the City's Director of Community Development to enforce the provisions of the Uniform Fire Code. The City agrees that all court costs and other legal costs incurred in the enforcement of the Uniform Fire Code within the City limits shall be paid by the City and shall not be considered an operating expense of the Department. In the event the City shall be awarded its costs, attorneys' fees, penalties or fines in such enforcement action, the recovery shall remain the property of the City. 17 PROPERTY OWNERSHIP. Except as provided in paragraph 24, all property owned by District 12 to enable it to perform the services required under this agreement shall remain the property of District 12 in the event of the termination of this agreement. All property owned by the City to enable it to perform the services required under this agreement shall remain the property of the City in the event of the termination of this agreement. All jointly owned and jointly purchased property acquired under the terms of this agreement shall be disposed of on an equitable basis and in such manner as may be agreed upon between the City and District 12 in the event of the termination of the joint operation. 18 MAJOR CAPITAL IMPROVEMENTS. In the event the Board of Directors shall determine that a major capital improvement, not included in the annual .budget, is necessary for the proper operation of the Department, the Board of Directors shall prepare a report and recommendation to be submitted to the legislative body of each of the parties for review. The parties agree to review any recommendation of the Board of Directors, and, if necessary, to consider the issuance and sale of general obligation bonds to fund needed capital improvements. In the event it shall be necessary to obtain voter approval to incur indebtedness or levy excess truces, the parties agree to cooperate to jointly submit such requests to the voters of the City and District 12. In the event any such ballot measure shall be approved in one jurisdiction but not in the other, the jurisdiction in which it failed shall submit the measure at another election during the same calendar year if an election date is available. If the measure shall fail the second time, the jurisdiction submitting the measure AGREEMENT FOR JOINT OPERA TJON OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES· 6 W/GW/15-056/Fire ILA.F.04.I2.16 may consider funding the improvements through any other source of funding that may be available. All funds received as a result of special levies, sale of bonds, or the like for the benefit of the Marysville Fire District shall be tendered to the accounts of the Department as soon as practical. 19 MAINTENANCE OF STATIONS. The Board of Directors shall be responsible to provide for the normal maintenance and repair of all station facilities exclusively operated by the District. The Board of Directors shall enter into a use agreement with the City to provide for normal maintenance, repair and operating expenses of any jointly operated, City owned station facilities. 20 HOLD HARMLESS. 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 performance of this agreement by its personnel only and to save and hold the other party and its personnel and officials hannless from all costs, expenses, losses and damages, including cost of defense, incurred as a result of any acts or omissions of the party's personnel relating to any activities of such party that may have occurred prior to the effective date of this agreement. 21 INSURANCE. The Board of Directors shall provide insurance coverage for all operations, facilities, equipment and personnel of the Department. The insurance shall include all risk property insurance, insuring District 12 and City equipment and District 12 buildings at replacement cost; comprehensive general liability insurance with a minimum policy limit of $2,000,000.00 per occurrence; errors and omissions insurance including civil rights coverage covering the actions of the Board of Directors and the legislative bodies of District 12 and the City; auto insurance, including comprehensive and collision coverage at agreed replacement cost and liability coverage with a minimum policy limit of $2,000,000.00 per occurrence; boiler and machinery insurance and a fidelity bond covering the actions of Department personnel. The City shall provide insurance coverage for all jointly operated city owned facilities. The Board of Directors shall furnish to District 12 and the City appropriate documentation showing that such coverage is in effect and that District 12 and the City are named insureds on the policies on or before the effective date of the joint operation. The Board of Directors is authorized, consistent with the above provisions, to contract with the Washington Cities Insurance Authority or such other insurance provider as it deems appropriate. 22 OPERATIONAL RULES AND REGULATIONS. The Board of Directors shall, from time to time, adopt and implement rules and regulations to govern the operations of the Department. 23 EMPLOYMENT ON TERMINATION. In the event, as a result of the notice of termination or expiration of this agreement, District 12 must terminate any of its employees, the City agrees that it will, if positions are available, hire the qualified employees terminated by District 12 before it employs additional personnel. Subject to the provisions of any collective bargaining agreement to which District 12 or the Board of Directors may be a party, the determination of which District 12 employees will be terminated and employed by the City shall be negotiated by the parties. The negotiations AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES· 7 W/GW/15-056/Fire ILA.F.04.12.16 shall take into consideration a fair and equal apportionment of the employees based on the length of service, experience, qualifications and rank of the employees. 24 ANNUAL RETREAT. The Board of Directors shall hold an annual retreat to review the operation of the Fire Department during the preceding year, to discuss planning, the operating budget and capital improvement budget for the following year and to review any provisions of this agreement that either party may wish to modify. This meeting shall be scheduled at an agreeable time on or before October 1 of each year. The results of the retreat may be reviewed by the Marysville City Council if desired. 25 ANNEXATIONS. In the event that the City, during the term of this agreement, shall, in single annexations, annex areas of District 12 that contain more than five percent (5%) of the area of District 12, the City agrees that it will not invoke the provisions of RCW 35A.14.380 and .400, as presently exists or as may be hereafter amended, relating to ownership of assets for each such annexation. District 12 agrees, during the term of this agreement, that the percentage of the assessed value of District 12 contained in each such annexation shall be cumulated and that the City shall be entitled to invoke the statutory provisions for all such prior annexations which occurred during the term of this agreement at the time of the termination of this agreement and prior agreements. 26 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. 27 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 the agreement shall not be affected. 28 MODIFICATION. This agreement represents the entire agreement between the parties. No change, termination or attempted waiver of any of the provisions of this agreement shall be binding on either of the parties unless executed in writing by authorized representatives of each of the parties. The agreement shall not be modified, supplemented or otherwise affected by the course of dealing between the parties. 29 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. 30 DISPUTE RESOLUTION. In the event of a disagreement between the parties relating to the interpretation of the terms of this agreement, the parties agree that such dispute shall be resolved by binding arbitration. The arbitration shall be conducted by a panel of three (3) arbitrators. Each party shall appoint an arbitrator, and the two arbitrators shall appoint a third arbitrator. Unless different rules are adopted by the Board of Arbitrators, the rules of the American Arbitration Association shall apply with respect to the arbitration proceedings. AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES -8 W/GW/lS-056/Fire ILA.F.04.12.16 31 PRIOR AGREEMENTS. This Agreement is solely intended to update and replace the Agreement for Joint Operation of Fire and Emergency Medical Protection Facilities dated September 15, 1993 and prior amendments thereto. D AT ~D Tl-US I 8'~ D A Y O F ~/fp--11-~""·~'~I ____ , 2 01 6 . CITY OF MARYSVILLE Approved as to Form: SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 12 Cba;:dn ~~~~- Fire District Secretary Approved as: F~ ~rt_o_r-ne~y___;;;__-=;__~~~~ AG REEM ENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES -9 W/GW/15-056/Fire ILA.F.04.12.16 THIRD AMENDMENT TO AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES This Amendment to that certain Agreement between the parties hereto dated August 25, 2003 is entered into between SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 12, a municipal corporation, hereafter referred to as "District 12", and the CITY OF MARYSVILLE, a municipal corporation, hereafter referred to as "City" as follows: WHEREAS, the City completed a Fire and Emergency Medical Protection Services Study which recommended adjustment of the "Financial Contribution by City"; and WHEREAS, the City and District 12 met to review current and proposed financial contribution formulas, and WHEREAS, the City and District 12 recognize that the financial contribution by the City should be adjusted, NOW, THEREFORE, The Agreement between the City and District 12 dated August 25, 2003 is hereby amended as follows: 1. Section 12.2 entitled "Financial Contribution By City" is hereby amended to read as follows: For the period beginning January 1, 2016 to December 31, 2016 the City shall contribute to District 12 an amount calculated as follows : The City shall contribute annually to District 12 an amount equal the prior year's contribution multiplied by one percent (1 %) plus new construction. New construction amount will be calculated by using the City's new construction assessed value, as identified by the County Assessor for the 2016 tax year multiplied by the City's prior year levy rate per $1,000 of assessed value. Calculated estimates are represented in the following table. Page 1of3 City New Construction City's Prior Assess Value Year's Levy Rate Total Regular $90,586,184 $2.43693992 $220,753 EMS $90 ,586 ,184 $0.42777746 $38,751 Total $90,586,184 $2.86471739 $259,574 New 2015 Base 1% Construction Total Increase Regular $7,035,324 $70,353 $220,753 $7,326,430 $291,106 EMS $2,345,803 $23,458 $38,751 $2,408,012 $62,209 Total $9,381,127 $93,811 $259,504 $9,734,442 $353,315 The City's contribution shall be paid to District 12 in equal monthly installments. 2. The term of the third amendment to the agreement for joint operation of fire and emergency medical protection facilities will begin for the tax collection year beginning January 1, 2016 and remain in effect until December 31, 2016 or termination of the original agreement, whichever occurs first. 3. Except as provided herein, all other provisions of the agreement between the parties dated August 25, 2003 shall remain in full force and effect, unchanged. IN WITNESS WHEREOF, the parties have executed this Third Amendment this a (0 day of October, 2015. Page 2 of 3 CITY OF MARYSVILLE Mayo r ? Attest: Deputy City Clerk Approved as to form: ~\ ~orney SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 12 Chairperson Commissioner Fire District Secretary Page 3 of 3 SECOND AMENDMENT TO AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES This Amendment to that ce1iain Agreement between the parties hereto dated August 25, 2003 is entered into between SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 12, a municipal corporation, hereafter refened to as "District 12 '', and the CITY OF MARYSVILLE, a municipal corporation, hereafter refened to as "City" as follows: WHEREAS, the City completed a Fire and Emergency Medical Protection Services Study which recommended adjustment of the "Financial Contribution by City"; and WHEREAS, the City and District 12 met to review current and proposed financial contribution formulas, and WHEREAS, the City and District 12 recognize that the financial contribution by the City should be adjusted, NOW, THEREFORE, The Agreement between the City and District 12 dated August 25 , 2003 is hereby amended as follows: 1. Section 12 .2 entitled "Financial Contribution By City" is hereby amended to read as follows: For the period beginning January 1, 2015 to December 31, 2015 the City shall contribute to District 12 an amount calculated as follows: The City shall contribute annually to District 12 an amount equal the prior year 's contribution multiplied by the percent change (rounded to the nearest tenth) in levy amount calculated as if the City and District 12 were combined. The calculation will follow the Department of Revenue formula. For description purposes the calculation will begin with the combining of the prior year levy amounts for the City and District 12 , as determined by the Snohomish County Assessor, to determine the "base amount". The base amount may be increased by 1 % or Implicit Price Deflator (IPD), whichever is lower. In addition, new construction and state assessed property increase will be included with the assessed values for new constructi on multiplied by the prior year agreement levy rate and the current year's state assessed property value less last year's state assessed property value with the remainder multiplied by the prior year agreement levy rate. The agreement calculation will follow any and all limitations to property tax levies regulated by the State. Refunded amounts less than or equal to ten thousand dollars ($10,000) may be included in the agreement levy rate. Refunded amounts over ten thousand dollars ($10,000) will be consider by the City upon requested by District 12 ORIGINAL to the City's executive office. Exhibit A provides for the calculation of the City 's contribution for the 2015 tax collection period. The City's contribution shall be paid to District 12 in equal monthly installments. 2. The term of the second amendment to the agreement for joint operation of fire and emergency medical protection facilities will begin for the tax collection year beginning January 1, 2015 and remain in effect until termination of the original agreement. 3. Except as provided herein, all other provisions of the agreement between the parties dated August 25, 2003 shall remain in full force and effect, unchanged. IN WITNESS WHEREOF, the parties have executed this Second Amendment this ·:z..., day of June, 2015. CITY OF MARYSVILLE Attest: Deputy City Clerk Approved as to form : SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 12 Chairperson Commissioner Fire District Secretary EXHIBIT A Calculation of the City's Contribution for the 2015 Tax Collection Period AV ADJUSTMENTS Previous Year AV Reassessment% Reassessment Value Appeals I Reassessed AV other AV Adjustments New Construction State Assessed Utilities Annexations Other Adjustments Total other AV Adjustments CURRENT YEARAVI BASE TAX COLLECTIONS Bank Increase (not to exce ed 1.06) Bank Base Collection Lim! Prior to AV adj New Cons !ruction @ Prior Levy St. Assessed Utilities @ Prior Levy A nnexations Subtotal Sn• Col .. "10111 Refunds Total Base levy Collections Previou s Year Levy Rat e Unlimited New Levy Rate New Base Levy (not to exceed 1.50) Total Allowa b le Co llections 2012 2013 Actual Actual 1,694,902,877 6,270,690,696 -11.4% -7.4 % {193,687,653) (461,178,569) 1.501.215.224 I 5,809,512, 127 1 57,277,036 7 9,016,800 10,276 , 128 4,701,922 ,308 4 ,769,475,472 79,016,800 6,270,690,6961 5,888,528,927 1 2012 2013 2,368,537 9 ,406,036 1.01 1.01 2,392,222 9,500 ,096 80,042 159,982 14,360 7,452 ,926 9,939,550 9,660,079 9,939,550 9,660,079 1.397 1.500 1.585 1.640 1.6000 1.5000 9,406,036 8,832,793 2014 2015 2016 Actual 10/22/2014 10/23/2014 5,888,528,927 6,385,411 ,332 7,184,856,551 7.4% 11.8% 5.0% 433,986,482 752,848,080 359,242,828 6,322,515,409 1 1. 138.259,411 I 7,544,099,3791 60,759 ,049 46 ,597, 140 49,000,000 2,136,874 62,895,923 46,597 ,140 49,000,000 6 ,385,4 11,3321 1. 184.856,551 I 7 ,593,099,3791 2014 2015 2016 8,832 ,793 9 ,01 5,465 9,1 71,410 1.01 1.0 1 1.01 8 ,92 1,121 9 ,105,620 9,263,124 9 1,139 65,790 62,548 3,205 9,01 5,465 9,171,410 9,325,6 72 9,015,465 9,171,410 9,325,672 1.500 1.412 1.276 1.412 1.276 1.228 1.41 19 1.2765 1 .2282 9,015,465 9,171,410 9,325,672 2017 10/24/2014 7,593,099,379 5.0%1 379,654,969 7,972,754,3481 49,000 ,000 49,000,000 8,021,754,3481 2017 9 ,32 5,672 1.01 9 ,4 18 ,929 60,181 9,479,109 9,479, 109 1.228 1.182 1.1817 9,479,109 2012 2013 201 4 2015 2016 2017 •=,i:Hi#_.__ _____ _._ ______ .._ _____ _._ ______ _._ ______ __,.__ _____ _, Base 1 Increase (not to exceed 1.06) EMS Collection Limit Prior to AV adj New Construction @ Prior Levy St. Assessed Utilities@ Prior Levy Annexations Subtotal Base Collections Refunds Total 1.06 EMS Levy Collections Prior Year EMS Levy Rate EMS Levy Rate (not to exceed .60) 853, 178 3,135,345 1.01 1.01 861,710 3,166,699 28,639 39,508 5,138 2,350,961 3,246,447 3,206,207 3,246,447 3,206,207 0.50 0.50 0.500 0.500 2,944,264 3,005,155 3,058,505 3,112,151 1.01 1.01 1.01 1.01 2,973,707 3,035,207 3,089,090 3,143,273 30 ,380 23,299 23,061 20,859 1,068 3,005,155 3,058,505 3,112,151 3,164,131 3,005,155 3,058,505 3,112,151 3,164,131 0.50 0.50 0 .47 0.43 0.471 0.426 0.410 0.394 3,135,345 2,944,264 3,005,15 5 3,058 ,505 3,112,151 3,164,131 Total EMS Levy Collections-----------------'------------------------- ILEVY RATE SUMMARY 2012 2013 2014 2015 2016 2017 Regular Levy 1.500 1.500 1.412 1.276 1.228 1.182 Total Regular L e vy 1.500 1.5000 1.41 2 1.276 1.228 1.182 Special Levies EMS Levy 0.50 0.50 0.47 0.43 0.41 0.39 94 G.O. Refund Total S p ecial Levies 0 .5000 0.5000 0 .47 06 0.4257 0 .4099 0.3944 TOTAL LEVIES 2 .000 2.000 1.883 1.702 1.6 38 1.576 icoLLECTIONS SUMMARY 2012 2013 2014 2015 2016 2017 Regular Levy Collections Total RegularylevyCollections 9,406,036 8,832,793 9,0'5,465 9 ,17'\4'0 9 ,325,672 9,479,'09 Special Levy Collections EMS Levy 3,'35,345 2,944,264 3,005,'55 3,058,505 3,112,'51 3 ,154,131 Voted GO Debt Service Total Special Levy Collections 3, 135,345 2,944,264 3,005,155 3,058,505 3,112,151 3,164,131 TOTAL ESTIMATED COLLECTION 12,541,381 11 ,777,058 12,020,620 12,229,915 12,437,823 12 ,643,240 -6.1 % 2.1% 1.7% 1.7% 1.7% Actual Actual Actual Estimate Estimate Estimate City Fire Payment 9,538,951 8,953,050 9,224,313 9,381,126 9,540,605 9,702,796 Fire 12 Ta xes Assessed 3,006,377 2,827,493 2,900,448 2,967,343 Total 12,545,328 11,780,543 12,124,761 12,348,469 9,540,605 9,702,796 Difference (3,946) (3,485) (104,140) (118,554) FIRST AMENDMENT TO AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES This Amendment to that certain Agreement between the parties hereto dated August 25, 2003 is entered into between SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 12, a municipal corporation, hereafter referred to as "District 12," and the CITY OF MARYSVILLE, a municipal corporation, hereafter referred to as "City'' as follows: WHEREAS, the CITY completed annexation of an area referred to as "the Central Marysville Annexation" hereafter "CMA Annexation", on December 30, 2009; and WHEREAS, the financial contribution formula referred to in the current agreement, when paired with a large annexation such as the CMA Annexation results in the unintended consequence of unreasonably escalating the 2011 property tax collected from both City and Fire District 12 in excess of amounts collected without annexation; and WHEREAS, the City and District 12 recognize that the CMA annexation neither increases nor decreases the combined service area of the Marysville Fire District and both parties desire subsequent tax revenues consistent with prior year collections in addition to mutually agreed to budgetary increases allowed by law, NOW, THEREFORE, The Agreement between District 12 and the City dated August 25, 2003 is hereby amended as follows: 1. Section 12.2 entitled "Financial Contribution By City" is hereby amended to read as follows: For the period ofJanuary 1, 2011 to December 31, 2011 the City shall contribute to the Marysville Fire District an amount calculated as follows: A "base amount" shall be established based on the City's 2010 contribution of$7,709,112 and the Fire District's contribution of$6,034,988 representing a total combined contribution of$13,744,100. To determine the City's 2011 contribution to the Marysville Fire District this "base amount" of$13,744,100, maybe increased up to 1% by written mutual agreement of the City and Fire District. The resulting base amount will then be multiplied by the percentage of the City's 2010 assessed value to the sum of the 2010 assessed value for the Fire District and the City (where 2010 AV is the Snohomish County Assessor's 2010 AV for 2011 taxes). By way of example only, the manner in which each party's percentage share is calculated is attached and incorporated as Exhibit A. The City's contribution shall be paid to Marysville Fire District in equal monthly installments. 2. The term of the first amendment to the agreement for joint operation of fire and emergency medical protection facilities is for one year, beginning January 1, 20 II and expiring on December 31, 2011. 3. Except as provided herein, all other provisions of the agreement between the parties dated August 25, 2003 shall remain in full force and effect, unchanged. 1 /inv/m-10-014/ILA.Joint Operation ofFacilites.1 st Amendinent.060910 ORIGINAL IN WITNESS WHEREOF, the parties have executed this First Amendment this rf day of 0~2010. CITY OF MARYSVILLE MAYOR Approved as to form: City Attorney /mv/m-10-014/ILA.Joint Operation of Facilites. l 51 Amendment.060910 2 SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 12 Chairperson Commissioner ~~ Commissioner Exhibit A Using 2010 actual to apply the 2011 payment formula for example: 2010 Fire District 12 taxes received plus 2010 city payment 2010 City AV (From assessors' tax rolls) 2010 Fire District 12 AV (Avg. of EMS & Regular Levy AV) (From assessors' tax rolls) Total combined AV of Marysville and Fire District 12 $4,437,265,961 $3,476,365,294 $7,913,631,255 2010 City Proportionate share ($13,744,100*56.07%) 2010 Fire District 12 Levy ($13,744,100*43.93%) 3 /mv/m-10-014/ILA.Joint Operation ofFacilites.l st Amendment.060910 56.07% 43.93% 100.00% $13,744,100 $7,706,317 $6,037,783 ::. -t-! _, ,.. " . . ~ ' .... AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL. PROTECTION FACILITIES This Agreement is entered into between SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 12, a municipal corporation, hereafter referred to as "District", and the CITY OF MARYSVILLE, 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 the District under the authority of RCW 52.12.031 and in conformity with chapter 39.34 RCW, the Interlocal Cooperation Act.· The District and the City currently each maintain and operate its own fire department to provide fire protection, fire suppression and emergency medical services in its respective area. The City and the District have determined that it is in the best interests of each of the municipal corporations to establish a Joint Fire Department to be operated under the control and direction of a Joint Board. 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. Definitions. The following terms, when used in this agreement, shall be defined as follows: 1.1 "City" shall mean the City of Marysville. 1.2 "District" shall mean Snohomish County Fire Protection District No. 12. 1.3 "Department", "Fire Department" or "Joint Fire Department" shall mean the combined operating fire departments of the City and the District. 1.4 "Fire Chief" shall mean the chief of the Fire Department appointed by the Joint Board. 2. Term. This agreement shall be effective on January 1, 1992, and shall continue for a minimum term of four (4) years. In the event either party shall desire to terminate this agreement after the expiration of the term, such party shall give to the other party thirty-six (36) months advance written notice of termination. SH12K09249! -1- / ... The thirty-six (36) month period is established to provide adequate time for the Joint Board to discontinue the joint operation and for each party to re-establish its own fire department 3. Renegotiation of Terms. With the exception of the term of this agreement provided in Paragraph 2, either party that wishes to renegotiate any provision of this agreement may give to the other party twelve (12) months written notice of such intent, setting forth the provisions to be renegotiated. The parties agree that in the event of such notice, they shall engage in good faith negotiation. This agreement may be revised at any time by agreement of the parties. 4. Joint Board. The operations of the Department necessary to carry out the purposes of this agreement shall be administered by a Joint Board consisting of six members. Each of the parties shall appoint three members to the Joint Board, provided that at least two of such appointees shall be members of the legislative body of the appointing party. The members of the Board must reside within the appointing party's jurisdiction. The Board shall have the authority to administer and manage the operations of the Joint Fire Department, all jointly owned properties and equipment and all properties and equipment of each party used by the Fire Department. The Board shall have the authority and powers granted by this instrument and such additional authority and powers as may from time to time be conferred on it by the legislative bodies of both parties. A quorum of the Board shall consist of four members, two representing each party. Actions of the Board shall require the affirmative vote of at least four members of the Board. The Fire Chief shall report to and operate under the supervision and control of the Joint Board. 5. Meetings of Joint Board. All meetings of the Joint Board shall be held in compliance with the Open Public Meetings Act, chapter 42.30 RCW. The date and time of the regular monthly meeting of the Joint Board shall be established by resolution of the Board. 6. Limitation of Board. The Joint Board shall have no authority to modify or revise the terms of this agreement. In the event the Joint Board shall be unable to reach an agreement on any matter before it, such matter shall be referred to the City Council and the Board of Commissioners of the District for resolution. SH!2K092491 -2- 7. City Services. The Joint Board shall provide the following services within the City limits: 7.1 Fire prevention services 7.2 Fire suppression services 7.3 Emergency medical services 7.4 Hazardous materials incident response services 7.5 Uniform fire code inspection services 7.6 Uniform fire code preconstruction building plan review services 7.7 Uniform fire code fire investigation services 8. District Services. The Joint Board shall provide the following services within the boundaries of the District: 8.1 Fire prevention services 8.2 Fire suppression services 8.3 Emergency medical services 8.4 Hazardous materials incident response services 9. Level of Services. Fire prevention, fire suppression, emergency medical and hazardous materials incident response services shall be provided at the same level to each of the parties under the terms of this agreement. In the event of simultaneous emergencies within the City and the District whereby the resources of the Department are taxed beyond its ability to render equal protection, the officers and agents of the Department shall determine how to allocate the resources of the Department. The parties recognize that Snohomish County has the statutory jurisdiction to enforce the provisions of the uniform fire code within the boundaries of the District rather than the District itself. 10. Budget. The Fire Chief shall prepare and present a proposed Joint Fire SH12K092491 -3 - "' Department operating budget to the Joint Board in accordance with the Budgeting, Accounting and Reporting System (BARS) established by the Washington State Auditor's Office, establishing the annual income and expense requirements of the Department and the capital expenditures required for the operation of the Department. The Joint Board shall review the proposed budget, adopt a recommended budget and submit it to the City and the District not later than September 1, of each year. The budget shall be adopted by the Board each year sufficiently in advance of the statutory deadlines to enable the City Council and Board of Fire Commissioners to consider the recommendations of the Joint Board at the time each entity's annual budget is under consideration. In the event the parties shall disagree on any budget item, the parties shall negotiate a compromise. In the event it shall be necessary, during any calendar year, for the budget to be amended, the Fire Chief shall prepare a budget amendment and submit it to the Joint Board for review. Upon approval by the Joint Board, the amendment shall be submitted to the-governing body of each party for approval in the event the amendment shall require an additional contribution of funds by either party. 11. Special Fund. The Joint Board shall create a special operating fund with the County Treasurer's office to be used for the payment of the operating costs of the Fire Department. The Joint Board shall be responsible for the proper management and accounting of all funds coming into the possession of the Joint Board. The financial affairs of the Joint Board shall be conducted in accordance with applicable Federal and State laws and regulations. 12. Funding of Special Fund. Each of the parties agree to fund the operations of the Department under the following provisions: 12.1 Financial Contribution by District. The District agrees to levy regular real property taxes, as determined by the Board of Commissioners, on taxable property located within the District. From the annual revenue received by the District from tax levies, contracts and all other sources, the District shall retain sufficient funds for the payment of the following District operating expenses, not to exceed four percent (4%) of the total District revenue: 12.1.1 Commissioners' fees pursuant to RCW 52.14.010. SH12K092491 -4- 12.1.2 Membership fees for state and local municipal corporation associations and commissioners' associations. 12.1.3 Commissioners' travel expenses and expenses incurred in attending meetings, legislative and administrative hearings and all other such functions. 12.1.4 Attorneys, accountants, auditors and investment officers' fees and costs. 12.1.5 Election expenses. 12.1.6 Such other reasonable and necessary expenses as may be incurred from time to time by the District and its Board of Commissioners that are not attributable to the operation of the Department. The balance of the funds shall be paid to the Joint Board in equal monthly. installments. 12.2 Financial Contribution by City. The City shall contribute annually to the Joint Board an amount equal to the levy rate for regular real property taxes assessed by the District in the previous year multiplied by the total assessed value of taxable properties located within the City limits. The City shall further contribute all other Fire Department revenues including, but not limited to, contract income, revenue received from the state for impact funds and fire fighting and emergency services, and any fees or charges for permits issued by the Fire Marshal. The contribution shall be paid to the Joint Board in equal monthly installments. 12.3 District Regular Tax Limitations. The District agrees that it will not seek voter approval of the lifting of the 106% LID limitation on its regular or emergency medical services regular real property tax levy without the consent of the City. The District agrees that it will not voluntarily lower its regular or emergency medical services regular real property tax levy without the consent of the City. 13. Transfer of City Personnel. All paid City fire department employees and volunteer employees shall become employees of the District. The District shall SH12K092491 -5- be the employer of all personnel required to perform the services provided for in this agreement. The parties agree that no City fire department employee shall suffer any diminishment or loss of existing retirement benefits or retirement rights as a result of the implementation of this agreement, within limits of the laws of the State of Washington. The Joint Board shall provide funds to the District to pay all wages, salaries, employment benefits, payroll taxes and any other expenses associated with the paid personnel. It is further agreed that future medical benefits required by statute to be provided to LEOFF I personnel whose employment is transferred from the City to the District shall be funded by the Joint Board. The District assigns its authority to manage, supervise, employ, terminate and contract with all District and former City employees to the Joint Board. 14. Assignment of Personnel and Equipment. Under the supervision of the Joint Board, the Chief shall be responsible for the supervision, employment, termination, assignment and stationing of all personnel and equipment of the Department. In exercising such authority, the Fire Chief shall consult with the Joint Board to insure that an adequate level of protection is provided within the geographical boundaries of each of the parties. 15. Fire Chief and Fire Marshal. The City agrees that it will appoint the Chief and Fire Marshal of the Department as the Fire Chief and Fire Marshal of the City for the purpose of the enforcement of the uniform fire code. The appointed Fire Chief and Fire Marshal shall cooperate with the City building officials and City administrator to enforce the provisions of the uniform fire code. The City agrees that all court costs and other legal costs incurred in the enforcement of the uniform fire code within the City limits shall be paid by the City and shall not be considered an operating expense of the Department. In the event the City shall be awarded its costs, attorneys fees, penalties or fines in such enforcement action the recovery shall remain the property of the City. 16. Property Ownership. Except as provided in paragraph 24, all property acquired by the District to enable it to perform the services required under this agreement, shall remain the property of the District in the event of the termination of this agreement. All property acquired by the City to enable it to perform the services required under this agreement, shall remain the property of the City in the event of the termination of this agreement. All jointly owned SH12K092.491 -6- and jointly purchased property acquired under the terms of this agreement shall be disposed of in such manner as may be agreed upon between the City and the District in the event of the termination of the joint operation. 17. Major Capital Improvements. In the event the Joint Board shall determine that a major capital improvement, not included in the annual budget, is necessary for the proper operation of the Department, the Joint Board shall prepare a report and recommendation to be submitted to the legislative body of each of the parties for review. The parties agree to review any recommendation of the Joint Board, and, if necessary, to consider the issuance and sale of general obligation bonds to fund needed capital improvements. In the event it shall be necessary to obtain voter approval to incur indebtedness or levy excess taxes, the parties agree to cooperate to jointly submit such requests to the voters of the City and the District. In the event any such ballot measure shall be approved in one jurisdiction but not in the other, the jurisdiction in which it failed shall submit the measure at another election during the same calendar year if an election date is available. If the measure shall fail the second time, the jurisdiction submitting the measure may consider funding the improvements through any other source of funding that may be available. 18. Maintenance of Stations. The Joint Board shall be responsible to provide for the normal maintenance and repair of the station facilities owned by the District; provided however, that in the event, under the laws governing the District, it is necessary that a planned repair, improvement or addition to any station requires that the construction contract be put out for bids, the Joint Board shall prepare the specifications and refer the matter to the legislative body of the District for formal action. The Joint Board shall enter into a use agreement with the City to provide for normal maintenance, repair and operating expenses of the portion of the City Public Safety Center used by the Fire Department. 19. Hold Harmless. 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 performance of this agreement by its personnel only and to save and hold the other party and its personnel and officials harmless from all costs, expenses, losses and damages, including cost of defense, incurred as a result of any acts or omissions of the party's personnel relating to any activities of such party that may have occurred prior to the effective date of this agreement. SH12K092.491 -7- 20. Insurance. The Joint Board shall provide insurance coverage for all operations, facilities, equipment and personnel of the Department. The insurance shall include all risk property insurance, insuring District and City equipment and buildings at replacement cost; comprehensive general liability insurance with a minimum policy limit of $2,000,000.00 per occurrence; errors and omissions insurance including civil rights coverage, covering the actions of the Joint Board and the legislative bodies of the District and the City; auto insurance, including comprehensive and collision coverage at agreed replacement cost and liability coverage with a minimum policy limit of $2,000,000.00 per occurrence; boiler and machinery insurance and a fidelity bond covering the actions of Department personnel. The Joint Board shall furnish to the District and the City appropriate documentation showing that such coverage is in effect and that the District and the City are named insureds on the policies on or before the effective date of the joint operation. 21. Operational Rules and Regulations. The Joint Board shall, from time to time, adopt and implement rules and regulations to govern the operations of the Department. 22. Employment on Termination. In the event, as a result of the notice of termination or expiration of this agreement, the District will terminate any of its employees, the City agrees that it will, if positions are available, hire the qualified employees terminated by the District before it employs additional personnel. Subject to the provisions of any collective bargaining agreement to which the District or the Joint Board may be a party, the determination of which District employees will be terminated and employed by the City shall be negotiated by the parties. The negotiations shall take into consideration a fair and equal apportionment of the employees based on the length of service, experience, qualifications and rank of the employees. 23. Annual Meeting. The Board of Commissioners of the District and the City Council shall hold an annual joint meeting to review the operation of the Fire Department during the preceding year, to discuss planning, the operating budget and capital improvement budget for the following year and to review any provisions of the Agreement that either party may wish to modify. This meeting shall be scheduled at an agreeable time on or before June 1 of each year. SH12K09249! -8- 24. Annexations. In the event that the City, during the term of this Agreement, shall, in single annexations, annex areas of the District that contain more than five percent (5%) of the area of the District, the City agrees that it will not invoke the provisions of RCW 35A.14.380 and .400, as presently exists or as may be hereafter amended, relating to ownership of assets for each such annexation. The District agrees, during the term of this Agreement, that the percentage of the assessed value of the District contained in each such annexation shall be cumulated and that the City shall be entitled to invoke the statutory provisions for all such prior annexations which occurred during the term of this agreement at the time of the termination of this Agreement. It is further agreed that the City's interest in or ownership of District assets shall be indicated on the District's financial statements and audit reports. 25. 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. 26. 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 the agreement shall not be affected. 27. Modification. This agreement represents the entire agreement between the parties. No change, termination or attempted waiver of any of the provisions of this agreement shall be binding on either of the parties unless executed in writing by authorized representatives of each of the parties. The agreement shall not be modified, supplemented or otherwise affected by the course of dealing between the parties. 28. 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. 29. Dispute Resolution. In the event of a disagreement between the parties relating to the interpretation of the terms of this agreement, the parties agree that such SH12K092491 -9- dispute shall be resolved by binding arbitration. The arbitration shall be conducted by a panel of three (3) arbitrators. Each party shall appoint an arbitrator and the two arbitrators shall appoint a third arbitrator. Unless different rules are adopted by the Board of Arbitrators, the rules of the American Arbitration Association shall apply with the respect to the arbitration proceedings. Dated: daro&S& I (p. ' CITY OF MARYSVILLE Attest: Approved as to form: City Attorney SH12K092491 1991. SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 12 Commission By : __ N----=~-="=~l..J'--_-=------ Commissioner Commissioner By : __ jJ--'--"'-"'q.,....Q. +-'{ --=~--=.;---'-'-­ Secretary -10- AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES THIS AGREEMENT is entered into between SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 12, a municipal corporation, hereafter referred to as "District," and the CITY OF MARYSVILLE, 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 the District under the authority of RCW 52.12.031 and in conformity with Chapter 39.34 RCW, the Interlocal Cooperation Act. The District and the City currently each maintain and operate its own fire department to provide fire protection, fire suppression and emergency medical services in its respective area. The City and the District have determined that it is in the best interests of each of the municipal corporations to establish a Joint Fire Department to be operated under the control and direction of a Joint board. 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. DEFINITIONS. The following terms, when used in this agreement, shall be defined as follows: 1.1 "City" shall mean the city of Marysville. 1.2 "District 12 11 shall mean Snohomish County Fire Protection District No. 12. 1. 3 "Department," "Fire Department" or "Joint Fire Department" shall mean the combined operating fire departments of the City and the District, hereinafter referred to as the "Marysville Fire District." 1.4 "Fire Chief" shall mean the chief of the Fire Department appointed by the Joint Board. 1.5 "Board of Directors" or "Board" shall mean the joint board composed of three appointees of the city and AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES -1 /mvl/scfpd.joa . " three appointees of the District as further described in paragraph 4 below. 2. TERM. This agreement shall be effective on January 1, 1992, and shall continue for a minimum term of four (4) years. In the event either party shall desire to terminate this agreement after the expiration of the term, such party shall give to the other party thirty-six (36) months' advance written notice of termination. The thirty-six (36) month period is established to provide adequate time for the Board of Directors to discontinue the joint operation and for each party to reestablish its own fire department. 3. RENEGOTIATION OF TERMS. With the exception of the term of this agreement provided in paragraph 2, either party that wishes to renegotiate any provision of this agreement may give to the other party twelve (12) months' written notice of such intent, setting forth the provisions to be renegotiated. The parties agree that in the event of such notice, they shall engage in good faith negotiation. This agreement may be revised at any time by agreement of the parties. 4. BOARD OF DIRECTORS. The operations of the Department necessary to carry out the purposes of this agreement shall be administered by a Board of Directors consisting of six members. Each of the parties shall appoint three members to the Board of Directors, provided that at least two of such appointees shall be members of the legislative body of the appointing party. The members of the Board must reside within the appointing party's jurisdiction. The Board shall have the authority to administer and manage the operations of the Marysville Fire District, all jointly owned properties and equipment and all properties and equipment of each party used by the Fire Department. The Board shall have the authority and powers granted by this instrument and such additional authority and powers as may from time to time be conferred on it by the legislative bodies of both parties. A quorum of the Board shall consist of four members. Actions of the Board shall require the affirmative vote of at least four members of the Board. The Fire Chief shall report to and operate under the supervision and control of the Board of Directors. 5. MEETINGS OF BOARD OF DIRECTORS. All meetings of the Board of Directors shall be held in compliance with the Open Public Meetings Act, chapter 42.30 RCW. The date and time of the regular monthly meeting of the Board of Directors shall be established by resolution of the Board. 6. LIMITATION OF THE BOARD OF DIRECTORS. The Board of Directors shall have no authority to modify or revise the AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES -2 /mvl/scfpd.joa o•_•.• i . " terms of this agreement. In the event the Board of Directors shall be unable to reach an agreement on any matter before it, such matter shall be referred to the City Council and the Board of Commissioners of District 12 for resolution. 7. CITY SERVICES. The Board of Directors shall provide the following services within the City limits: 7.1 Fire prevention services 7.2 Fire suppression services 7.3 Emergency medical services 7.4 Hazardous materials incident response services 7.5 Uniform Fire Code inspection services 7.6 Uniform Fire Code preconstruction building plan review services 7.7 Uniform Fire Code investigation services. 8. DISTRICT 12 SERVICES. The Board of Directors shall provide the following services within the boundaries of District 12. 8.1 Fire prevention services 8.2 Fire suppression services 8.3 Emergency medical services 8.4 Hazardous materials incident response services 9. LEVEL OF SERVICES. Fire prevention, fire suppression, emergency medical and hazardous materials incident response services shall be provided at the same level to each of the parties under the terms of this agreement. In the event of simultaneous emergencies within the City and District 12 whereby the resources of the Department are taxed beyond its ability to render equal protection, the officers and agents of the Department shall determine how to allocate the resources of the Department. The parties recognize that Snohomish County has the statutory jurisdiction to enforce the provisions of the Uniform Fire Code within the boundaries of District 12 rather than District 12 itself. 10. BUDGET. The Fire Chief shall prepare and present a proposed operating budget to the Board of Directors for the AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES -3 /mvl/scfpd.joa ; ', Marysville Fire District in accordance with the Budgeting, Accounting and Reporting System {BARS) established by the Washington state Auditor's Office, establishing the annual income and expense requirements of the Department and the capital expenditures required for the operation of the Department. The Board of Directors shall review the proposed budget, adopt a recommended budget and submit it to the city and the District not later than September 1 of each year. After a budget is adopted by the Board of Directors, a copy shall be submitted to the Marysville City Council and District 12 Commissioners for their approval. In the event the parties shall disagree on any budget item, the parties shall negotiate a compromise. In the event it shall be necessary, during any calendar year, for the budget to be amended, the Fire Chief shall prepare a budget amendment and submit it to the Board for review. Upon approval by the Board of Directors, the amendment shall be submitted to the governing body of each party for approval in the event the amendment shall require an additional contribution of funds by either party. 11. SPECIAL FUND. The Board of Directors shall create a special operating fund with the County Treasurer's office to be used for the payment of the operating costs of the Fire Department. The Board of Directors shall be responsible for the proper management and accounting of all funds coming into the possession of the Board of Directors. The financial affairs of the Board of Directors shall be conducted in accordance with applicable federal and state laws and regulations. 12. FUNDING OF SPECIAL FUND. Each of the parties agrees to fund the operations of the Department under the following provisions: 12.1 Financial contribution by District 12. District 12 agrees to levy regular real property taxes, as determined by its Board of Commissioners, on taxable property located within the District. The Board of Directors shall provide sufficient funds for the following District 12 operations: 12.1.1 12.1.2 12.1.3 Commissioners' fees pursuant to RCW 52.14.010. Membership fees for state and local municipal corporation associates and commissioners' associations. Board of Directors' travel expenses and expenses incurred in attending meetings, AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES -4 /mvl/scfpd.joa -: ' 12 .1. 4 12.1.5 12.1.6 legislative and administrative hearings and all other such functions. Attorneys', accountants', auditors' and investment officers' fees and costs. Election expenses. Such other reasonable and necessary expenses as may be incurred from time to time by District 12 and its Board of Commissioners that are not attributable to the operation of the Department. 12.2 Financial contribution by City. The City shall contribute annually to the Board of Directors an amount equal to the levy rate for regular real property taxes assessed by District 12 multiplied by the total assessed value of taxable properties located within the City limits, including new construction and utilities calculated on the same basis as District 12. The City shall further contribute all other Fire Department revenues including, but not limited to, contract income, revenue received form the state for impact funds and fire fighting and emergency services, and any fees or charges for permits issued by the Fire Marshal. The contribution shall be paid to the Board of Directors in equal monthly installments. 12.3 District Regular Tax Limitations. District 12 agrees that it will not seek voter approval of the lifting of the 106% LID limitation on its regular or emergency medical services regular real property tax levy without the consent of the City. District 12 agrees that it will not voluntarily lower its regular or emergency medical services regular real property tax levy without the consent of the City. 13. TRANSFER OF CXTY PERSONNEL. All paid City fire department employees and volunteer employees shall become employees of District 12. District 12 shall be the employer of all personnel required to perform the services provided for in this agreement. The parties agree that no City fire department employee shall suffer any diminishment or loss of existing retirement benefits or retirement rights as a result of the implementation of this agreement, within limits of the laws of the state of Washington. The Board of Directors shall provide funds to District 12 to pay all wages, salaries, employment benefits, payroll taxes and any other expenses associated with the paid personnel. It is AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES -5 /mvl/scfpd. joa further agreed that future medical benefits required by statute to be provided to LEOFF I personnel whose employment is transferred from the City to District 12 shall be funded by the Board of Directors. District 12 assigns its authority to manage, supervise, employ, terminate and contract with all District 12 and former City employees to the Board of Directors. 14. ASSIGNMENT OF PERSONNEL AND EQUIPMENT. Under the provisions of the Board of Directors, the chief shall be responsible for the supervision, employment, termination, assignment and stationing of all personnel and equipment of the Department. In exercising such authority, the Fire Chief shall consult with the Board of Directors to insure that an adequate level of protection is provided within the geographical boundaries of each of the parties. 15. FIRE CHIEF AND FIRE MARSHAL. The City agrees that it will recognize the Fire Chief and Fire Marshal of the Department as the Fire Chief and Fire Marshal of the City. The Fire Chief and Fire Marshal shall cooperate with the City building officials and City Administrator to enforce the provisions of the Uniform Fire Code. The city agrees that all court costs and other legal costs incurred in the enforcement of the Uniform Fire Code within the City limits shall be paid by the City and shall not be considered an operating expense of the Department. In the event the City shall be awarded its costs, attorneys' fees, penalties or fines in such enforcement action, the recovery shall remain the property of the city. 16. PROPERTY OWNERSHIP. Except as provided in paragraph 24, all property acquired by District 12 to enable it to perform the services required under this agreement shall remain the property of District 12 in the event of the termination of this agreement. All property acquired by the City to enable it to perform the services required under this agreement shall remain the property of the City in the event of the termination of this agreement. All jointly owned and jointly purchased property acquired under the terms of this agreement shall be disposed of on an equitable basis and in such manner as may be agreed upon between the City and the District in the event of the termination of the joint operation. 17. MAJOR CAPITAL IMPROVEMENTS. In the event the Board of Directors shall determine that a major capital improvement, not included in the annual budget, is necessary for the proper operation of the Department, the Board of Directors shall prepare a report and recommendation to be submitted to the legislative body of each of the parties for review. The parties agree to review any recommendation of the Board of AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES -6 /mvl/scfpd.joa Directors, and, if necessary, to consider the issuance and sale of general obligation bonds to fund needed capital improvements. In the event it shall be necessary to obtain voter approval to incur indebtedness or levy excess taxes, the parties agree to cooperate to jointly submit such requests to the voters of the City and District 12. In the event any such ballot measure shall be approved in one jurisdiction but not in the other, the jurisdiction in which it failed shall submit the measure at another election during the same calendar year if an election date is available. If the measure shall fail the second time, the jurisdiction submitting the measure may consider funding the improvements through any other source of funding that may be available. All funds received as a result of special levies, sale of bonds, or the like for the benefit of the Marysville Fire District shall be tendered to the accounts of the Department as soon as practicable. 18. MAINTENANCE OF STATIONS. The Board of Directors shall be responsible to provide for the normal maintenance and repair of the station facilities owned by the District; provided, however, that in the event, under the laws governing District 12, it is necessary that a planned repair, improvement or addition to any station requires that the construction contract be put out for bids, the Board of Directors shall prepare the specifications and refer the matter to the legislative body of District 12 for formal action. The Board of Directors shall enter into a use agreement with the City to provide for normal maintenance, repair and operating expenses of the portion of the city Public Safety Center used by the Fire Department. 19. HOLD HARMLESS. 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 performance of this agreement by its personnel only and to save and hold the other party and its personnel and officials harmless from all costs, expenses, losses and damages, including cost of defense, incurred as a result of any acts or omissions of the party's personnel relating to any activities of such party that may have occurred prior to the effective date of this agreement. 20. INSURANCE. The Board of Directors shall provide insurance coverage for all operations, facilities, equipment and personnel of the Department. The insurance shall include all risk property insurance, insuring District 12 and City equipment and buildings at replacement cost; comprehensive general liability insurance with a minimum policy limit of $2,000,000.00 pere occurrence; errors and omissions insurance including civil rights coverage covering the actions of the Board of Directors and the legislative AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES -7 /mvl/scfpd.joa bodies of District 12 and the City; auto insurance, including comprehensive and collision coverage at agreed replacement cost and liability coverage with a minimum policy limit of $2,000,000.00 per occurrence; boiler and machinery insurance and a fidelity bond covering the actions of Department personnel. The Board of Directors shall furnish to District 12 and the City appropriate documentation showing that such coverage is in effect and that District 12 and the City are named insureds on the policies on or before the effective date of the joint operation. The Board of Directors is authorized, consistent with the above provisions, to contract with the Washington Cities Insurance Authority or such other insurance provider as it deems appropriate. 21. OPERATIONAL RULES AND REGULATIONS. The Board of Directors shall, from time to time, adopt and implement rules and regulations to govern the operations of the Department. 22. EMPLOYMENT ON TERMINATION. In the event, as a result of the notice of termination or expiration of this agreement, District 12 will terminate any of its employees, the City agrees that it will, if positions are available, hire the qualified employees terminated by District 12 before it employs additional personnel. Subject to the provisions of any collective bargaining agreement to which District 12 or the Board of Directors may be a party, the determination of which District employees will be terminated and employed by the city shall be negotiated by the parties. The negotiations shall take into consideration a fair and equal apportionment of the employees based on the length of service, experience, qualifications and rank of the employees. 23. ANNUAL RETREAT. The Board of Directors shall hold an annual retreat to review the operation of the Fire Department during the preceding year, to discuss planning, the operating budget and capital improvement budget for the following year and to review any provisions of this agreement that either party may wish to modify. This meeting shall be scheduled at an agreeable time on or before October 1 of each year. The results of the retreat may be reviewed by the Marysville City Council if desired. 24. ANNEXATIONS. In the event that the City, during the term of this agreement, shall, in single annexations, annex areas of District 12 that contain more than five percent (5%) of the area of District 12, the City agrees that it will not invoke the provisions of RCW 35A.14.380 and .400, as presently exists or as may be hereafter amended, relating to ownership of assets for each such annexation. District 12 agrees, during the term of this agreement, that the percentage of AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES -8 /mvl/scfpd.joa the assessed value of District 12 contained in each such annexation shall be cumulated and that the City shall be entitled to invoke the statutory provisions for all such prior annexations which occurred during the term of this agreement at the time of the termination of this agreement. It is further agreed that the city's interest in or ownership of District 12 assets shall be indicated on the District's financial statements and audit reports. 25. 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. 26. 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 the agreement shall not be affected. 27. MODIFICATION. This agreement represents the entire agreement between the parties. No change, termination or attempted waiver of any of the provisions of this agreement shall be binding on either of the parties unless executed in writing by authorized representatives of each of the parties. The agreement shall not be modified, supplemented or otherwise affected by the course of dealing between the parties. 28. 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. 29. DISPUTE RESOLUTION. In the event of a disagreement between the parties relating to the interpretation of the terms of this agreement, the parties agree that such dispute shall be resolved by binding arbitration. The arbitration shall be conducted by a panel of three (3) arbitrators. Each party shall appoint an arbitrator, and the two arbitrators shall appoint a third arbitrator. Unless different rules are adopted by the Board of Arbitrators, the rules of the American Arbitration Association shall apply with respect to the arbitration proceedings. 30. ORIGINAL AGREEMENT. This Agreement is solely intended to update and consolidate all modifications to the original Agreement for Joint Operation of Fire and Emergency Medical Protection Facilities dated October 16, 1991 and effective AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES -9 /mvl/scfpd.joa ·. ,•-, January 1, 1992. Except as specifically modified herein, said original agreement shall remain in full force and effect, unchanged. DATED: __ _,,_bp _ _,___~-'-'--"-----' s ____ , 1993. CITY OF MARYSVILLE SNOHOMISH COUNTY FIRE ::~~~'[L" ~ commsioner ~ "- By .~w Commissioner By vavlw~ Mayor Attest: ~·-· Approved as to form: City Attorney AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES -10 /mvl/scfpd. joa AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES THIS AGREEMENT is entered into between SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 12, a municipal corporation, hereafter referred to as "District 12," and the CITY OF MARYSVILLE, a municipal corporation, hereafter referred to as "City." This agreement is entered into by the City under the authority of RCW 35A. ll. 040 and District 12 under the authority of RCW 52 .12. 031 and in conformity with Chapter 39.34 RCW, the Interlocal Cooperation Act. The City and District 12 previously each maintained and operated their own fire department to provide fire protection, fire suppression and emergency medical services in its respective area. The City and District 12 determined that it is in the best interest of each of the municipal corporations to establish a Consolidated Fire Department to be operated under the control and direction of a Board of Directors as defined by this agreement. The City and District 12 initially entered into an Agreement for Joint Operations of Fire and Emergency Medical Protection Facilities on October 16, 1991 with updates on September 15, 1993 and have now determined that further updates and revisions to the agreement are appropriate and necessary. Accordingly, the parties wish to enter into this agreement and any amendments thereto. 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. DEFINITIONS. The following terms, when used in this agreement, shall be defined as follows: 1.1 "City" shall mean the City of Marysville. 1. 2 "District 12" shall mean Snohomish County Fire Protection District No. 12. 1. 3 "Department", "Fire Department" "District" or "Consolidated Fire Department" shall mean the combined operating fire departments of the City and District 12, hereinafter referred to as the "Marysville Fire District." AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES 1 1. 4 "Fire Chief" shall mean the chief of the Fire Department appointed by the Board of Directors. 1. 5 "Board of Directors" or "Board" shall mean the joint board composed of three appointees of the City and up to six appointees of the District as further described in paragraph 4 below. 2. TERM. This agreement shall be effective August 1, 2003 and shall continue for a minimum term of four ( 4) years. In the event either party shall desire to terminate this agreement after the expiration of the term, such party shall give to the other party thirty-six (36) months' advance written notice of termination. The thirty-six (36) month period is established to provide adequate time for the Board of Directors to discontinue the joint operation and for each party to reestablish its own fire department. 3. RENEGOTIATION OF TERMS. With the exception of the term of this agreement provided in paragraph 2, either party that wishes to renegotiate any provision of this agreement may give to the other party twelve (12) months' written notice of such intent, setting forth the provisions to be renegotiated. The parties agree that in the event of such notice, they shall engage in good faith negotiation. This agreement may be revised at any time by agreement of the parties. 4. BOARD OF DIRECTORS. The operations of the Department necessary to carry out the purposes of this agreement shall be administered by a Board of Directors consisting of a minimum of six members, and a maximum of nine members, as defined in this agreement. The City shall appoint three members to the Board of Directors, provided that the appointees shall consist of three City Council members or two city council members and the Mayor. District 12 shall appoint no less than three and no more than six members to the Board of Directors. Provided, that the appointees shall consist of Commissioners of District 12. Pursuant to the merger of Fire District No. 20 into Fire District No. 12, District 12 will, initially, appoint 6 members to the Board of Directors and reduce its Board membership down to three in accordance with RCW 52.06.085. The Board shall have the authority to administer and manage the operations of the Marysville Fire District, all jointly owned properties and equipment and all properties and equipment of each party used by the Marysville Fire District. The Board shall have the authority and powers granted by this instrument and such additional authority and powers as may from time to time be conferred on it by the legislative bodies of both parties. A quorum of the Board shall consist of a simple majority of the appointed members. Actions of the Board shall require the affirmative vote of the majority of the members of the Board present. The Fire Chief shall report to and operate under the supervision and control of the Board of Directors. AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES 2 i' 5. MEETINGS OF BOARD OF DIRECTORS. All meetings of the Board of Directors shall be held in compliance with the Open Public Meetings Act, chapter 42.30 RCW. The date and time of the regular monthly meeting of the Board of Directors shall be established by resolution of the Board. 6. LIMITATION OF THE BOARD OF DIRECTORS. The Board of Directors shall have no authority to modify or revise the terms of this agreement. In the event the Board of Directors shall be unable to reach an agreement on any matter before it, such matter shall be referred to the City Council and the Board of Conunissioners of District 12 for resolution. 7. CITY SERVICES. The Board of Directors shall provide the following services within the City limits: 7. 1 Fire prevention services. 7.2 Fire suppression services. 7.3 Emergency medical services. 7.4 Hazardous materials incident response services. 7.5 Uniform Fire Code inspection services. 7.6 Uniform Fire Code preconstruction building plan review services. 7.7 Uniform Fire Code investigation services. 7.8 Technical Rescue Services. 8. DISTRICT 12 SERVICES. The Board of Directors shall provide the following services within the boundaries of District 12. 8. 1 Fire prevention services. 8.2 Fire suppression services. 8.3 Emergency medical services. 8. 4 Hazardous materials incident response services 8. 5 Technical Rescue Services. 9. LEVEL OF SERVICES. Fire prevention, fire suppression, emergency medical, technical rescue and hazardous materials incident response services shall be provided at the same level to each of the parties under the terms of this agreement. In the event of simultaneous emergencies within the City and District 12 whereby the resources of the Department are taxed beyond its ability to render equal protection, the officers and agents of the Department shall determine how to allocate the resources of the Department. AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES 3 " ' '/ The parties recognize that Snohomish County has the statutory jurisdiction to enforce the provisions of the Uniform Fire Code within the boundaries of District 12 rather than District 12 itself. 10. BUDGET. The Fire Chief shall prepare and present a proposed operating bu<;iget to the Board of Directors for the Marysville Fire District in accordance with the Budgeting, Accounting and Reporting System (BARS) established by the Washington State Auditor's Office, establishing the annual income and expense requirements of the Department and the capital expenditures required for the operation of the Department. The Board of Directors shall review the proposed budget and submit an estimate of the City's cash contribution amount to the City and the District not later than October 1 of each year. Approval of the· budget shall require a majority vote of the Board of Directors. After a budget is adopted by the Board of Directors, a copy shall be submitted to the Marysville City Council and District 12 Commissioners. In the event the Board of Directors cannot agree on a Budget, the Board shall notify each of the parties to this agreement. The parties to this agreement shall negotiate a compromise on the budget or budget item(s), and shall have authority to approve such on behalf of the Marysville Fire District. In the event the parties to this agreement cannot reach a compromise, the parties agree to utilize arbitration as outlined in section 29-Dispute Resolution of this agreement. In the event it shall be necessary, during any calendar year, for the budget to be amended, the Fire Chief shall prepare a budget amendment and submit it to the Board for review. Upon approval by the Board of Directors, the amendment shall be submitted to the governing body of each party for approval in the event the amendment shall require an additional contribution of funds by either party. 11. SPECIAL FUND. The Board of Directors shall create a special operating fund with the County Treasurer's office to be used for the payment of the operating costs of the Fire Department. The Board of Directors shall be responsible for the proper management and accounting of all funds coming into the possession of the Board of Directors. The financial affairs of the Board of Directors shall be conducted in accordance with applicable federal and state laws and regulations. 12. FUNDING OF SPECIAL FUND. Each of the parties agrees to fund the operations of the Department under the following provisions: 12 .1 Financial Contribution by District 12. District 12 agrees to levy regular real property taxes, as determined by its Board of Commissioners, on taxable property located within the District. The Board of Directors shall provide sufficient funds for the following District 12 operations: AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES 4 12 .1.1 12 .1. 2 12 .1. 3 12 .1. 4 12 .1. 5 12 .1. 6 Commissioners' fees pursuant to RCW 52.14.010. Membership fees for state and corporation associates and associations. local municipal commissioners' Board of Directors' travel expenses and expenses incurred in attending meetings, legislative and administrative hearings and all other such functions. Attorneys', accountants', auditors' and investment officers' fees and costs. Election expenses. Such other reasonable and necessary expenses as may be incurred from time to time by District 12 and its Board of Commissioners that are not attributable to the operation of the Department. 12.2 Financial Contribution By City. The City shall contribute annually to the Board of Directors an amount equal to the levy rate for regular real property taxes assessed by District 12 multiplied by the total assessed value of taxable properties located within the City limits, including new construction and utilities calculated on the same basis as District 12. The City shall further contribute all other Fire Department revenues including, but not limited to, contract income, revenue received from the state for impact funds and fire fighting and emergency services, and any fees or charges for permits issued by the Fire Marshal. The contribution shall be paid to the Board of Directors in equal monthly installments. 12.3 District Regular Tax Limitations. District 12 agrees that it will not seek voter approval of the lifting of the LID limitation on its regular or emergency medical services regular real property tax levy without the consent of the City. District 12 agrees that it will not voluntarily lower its regular or emergency medical services regular real property tax levy without the consent of the City. 13. EMPLOYMENT OF PERSONNEL. District 12 shall be the employer of all personnel required to perform the services provided for in this agreement. The Board of Directors shall provide funds to the District to pay all wages, salaries, employment benefits, payroll taxes and any other expenses associated with the paid personnel. It is further agreed that future medical benefits required by statute to be provided to LEOFF I personnel whose employment is transferred from the City to District 12 shall be funded by the Board of Directors. District 12 assigns its authority to manage, supervise, employ, terminate and contract with employees to the Board of Directors. AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES 5 14. ASSIGNMENT OF PERSONNEL AND EQUIPMENT. Under the provisions of the Board of Directors, the chief shall be responsible for the supervision, employment, termination, assignment and stationing of all personnel and equipment of the Department. In exercising such authority, the Fire Chief shall consult with the Board of Directors to insure that an adequate level of protection is provided within the geographical boundaries of each of the parties. 15. FIRE CHIEF AND FIRE MARSHAL. The City agrees that it will recognize the Fire Chief and Fire Marshal of the District as the Fire Chief and Fire Marshal of the City. The Fire Chief and Fire Marshal shall cooperate with the City building officials and the City's Director of Community Development to enforce the provisions of the Uniform Fire Code. The City agrees that all court costs and other legal costs incurred in the enforcement of the Uniform Fire Code within the City limits shall be paid by the City and shall not be considered an operating expense of the Department. In the event the City shall be awarded its costs, attorneys' fees, penalties or fines in such enforcement action, the recovery shall remain the property of the City. 16. PROPERTY OWNERSHIP. Except as provided in paragraph 24, all property owned by District 12 to enable it to perform the services required under this agreement shall remain the property of District 12 in the event of the termination of this agreement. All property owned by the City to enable it to perform the services required under this agreement shall remain the property of the City in the event of the termination of this agreement. All jointly owned and jointly purchased property acquired under the terms of this agreement shall be disposed of on an equitable basis and in such manner as may be agreed upon between the City and District 12 in the event of the termination of the joint operation. 1 7. MAJOR CAPITAL IMPROVEMENTS. In the event the Board of Directors shall determine that a major capital improvement, not included in the annual .budget, is necessary for the proper operation of the Department, the Board of Directors shall prepare a report and recommendation to be submitted to the legislative body of each of the parties for review. The parties agree to review any recommendation of the Board of Directors, and, if necessary, to consider the issuance and sale of general obligation bonds to fund needed capital improvements. In the event it shall be necessary to obtain voter approval to incur indebtedness or levy excess taxes, the parties agree to cooperate to jointly submit such requests to the voters of the City and District 12. In the event any such ballot measure shall be approved in one jurisdiction but not in the other, the jurisdiction in which it failed shall submit the measure at another election during the same calendar year if an election date is available. If the measure shall fail the second time, the jurisdiction submitting the measure may consider funding the improvements through any other source of funding that may be available. All funds received as a result of special levies, sale of bonds, or the like for the AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES 6 benefit of the Marysville Fire District shall be tendered to the accounts of the Department as soon as practical. 18. MAINTENANCE OF STATIONS. The Board of Directors shall be responsible to provide for the normal maintenance and repair of all station facilities exclusively operated by the District. The Board of Directors shall enter into a use agreement with the City to provide for normal maintenance, repair and operating expenses of any jointly operated, City owned station facilities. 19. HOLD HARMLESS. 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 performance of this agreement by its personnel only and to save and hold the other party and its personnel and officials harmless from all costs, expenses, losses and damages, including cost of defense, incurred as a result of any acts or omissions of the party's personnel relating to any activities of such party that may have occurred prior to the effective date of this agreement. 20. INSURANCE. The Board of Directors shall provide insurance coverage for all operations, facilities, equipment and personnel of the Department. The insurance shall include all risk property insurance, insuring District 12 and City equipment and District 12 buildings at replacement cost; comprehensive general liability insurance with a minimum policy limit of $2,000,000.00 per occurrence; errors and omissions insurance including civil rights coverage covering the actions of the Board of Directors and the legislative bodies of District 12 and the City; auto insurance, including comprehensive and collision coverage at agreed replacement cost and liability coverage with a minimum policy limit of $2,000,000.00 per occurrence; boiler and machinery insurance and a fidelity bond covering the actions of Department personnel. The City shall provide insurance coverage for all jointly operated city owned facilities. The Board of Directors shall furnish to District 12 and the City appropriate documentation showing that such coverage is in effect and that District 12 and the City are named insureds on the policies on or before the effective date of the joint operation. The Board of Directors is authorized, consistent with the above provisions, to contract with the Washington Ci ties Insurance Authority or such other insurance provider as it deems appropriate. 21. OPERATIONAL RULES AND REGULATIONS. The Board of Directors shall, from time to time, adopt and implement rules and regulations to govern the operations of the Department. 22. EMPLOYMENT ON TERMINATION. In the event, as a result of the notice of termination or expiration of this agreement, District 12 must terminate any of its employees, the City agrees that it will, if positions are available, hire the qualified employees terminated by District 12 before it employs additional personnel. Subject to the provisions of any collective bargaining agreement to which District 12 or the Board of Directors may be a party, the determination of which District 12 employees will be AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAI PROTECTION FACILITIES 7 ' r '•'- terminated and employed by the City shall be negotiated by the parties. The negotiations shall take into consideration a fair and equal apportionment of the employees based on the length of service, experience, qualifications and rank of the employees. 23. ANNUAL RETREAT. The Board of Directors shall hold an annual retreat to review the operation of the Fire Department during the preceding year, to discuss planning, the operating budget and capital improvement budget for the following year and to review any provisions of this agreement that either party may wish to modify. This meeting shall be scheduled at an agreeable time on or before October 1 of each year. The results of the retreat may be reviewed by the Marysville City Council if desired. 24. ANNEXATIONS. In the event that the City, during the term of this agreement, shall, in single annexations, annex areas of District 12 that contain more than five percent (5%) of the area of District 12, the City agrees that it will not invoke the provisions of RCW 35A.14.380 and .400, as presently exists or as may be hereafter amended, relating to ownership of assets for each such annexation. District 12 agrees, during the term of this agreement, that the percentage of the assessed value of District 12 contained in each such annexation shall be cumulated and that the City shall be entitled to invoke the statutory provisions for all such prior annexations which occurred during the term of this agreement at the time of the termination of this agreement and prior agreements. 25. 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. 26. SEVERABILITY. If any provision application is held invalid, the the application of the remainder affected. of this agreement or its remainder of the agreement or of the agreement shall not be 27. MODIFICATION. This agreement represents the entire agreement between the parties. No change, termination or attempted waiver of any of the provisions of this agreement shall be binding on either of the parties unless executed in writing by authorized representatives of each of the parties. The agreement shall not 'be modified, supplemented or otherwise affected by the course of dealing between the parties. 28. 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. AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES 8 29. DISPUTE RESOLUTION. In the event of a disagreement between the parties relating to the interpretation of the terms of this agreement, the parties agree that such dispute shall be resolved by binding arbitration. The arbitration shall be conducted by a panel of three (3) arbitrators. Each party shall appoint an arbitrator, and the two arbitrators shall appoint a third arbitrator. Unless different rules are adopted by the Board of Arbitrators, the rules of the American Arbitration Association shall apply with respect to the arbitration proceedings. 30.PRIOR AGREEMENTS. This Agreement is solely intended to update and replace the Agreement for Joint Operation of Fire and Emergency Medical Protection Facilities dated September 15, 1993 AGREEMENT FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES 9 , I' ! DATED THIS d_5fh DAY OF ~Ad , 2003 CITY OF MARYSVILLE Mayor A~ A!l!!!'BST AS TO FORM: City Attorney SNOHOMISH COUNTY FIRE PROTECTION DISTRICT N0.12 ~ Commissioner .?l. e/fj:W1.lJ Wzn,,,5:;:;l, Commissioner Secretary AGREEMENT· FOR JOINT OPERATION OF FIRE AND EMERGENCY MEDICAL PROTECTION FACILITIES 10 :-...... ,., .. - PUBLIC WORKS Paul A. Roberts, Director 80 Columbi.a Avenue Marysville, Washington 98270 Phone (360) 363-8100 Fax (360) 363-8284 ci.marysville.wa.us LETTER OF UNDERSTANDING To: Greg Corn, Fire Chief From: Mike Shepard, Fleet & Facilities Manager Date: February 28, 2008 RE: Agreement for Joint Operation of Fire and Emergency Medical Protection Facilities and Use Agreement for Marysville Public Safety Center. This Letter of Understanding will serve as a process for the City of Marysville (COM) to use and also to clarify and communicate the process to Marysville Fire District (MFD) in support of the referenced documents. 1. All utility bills will be paid for out of the Public Safety Building operating account 00100010.547000. The COM Finance will in turn bill MFD monthly using the percent rates listed below: PUD/Electrical: Puget Sound Energy/Gas Water, Garbage, and Sewer/City of Marysville 33.3% 50% 33.3% 2. All insurance premiums will be paid for out of the Public Safety Building operating account 00100010.546000. The COM Finance will in turn bill MFD monthly at the rate of33.3% ofthe total premium. 3. Maintenance and Repairs All maintenance and repairs performed by the COM for MFD in their 13,288 sq. ft. of occupied space will be paid for out of the Public Safety Building operating account 00100010 and charged to the appropriate BARS object code. This includes heating, cooling, and ~entilation systems that support this space. The COM will in turn bill MFD 100% of the actual cost of these services and materials with no burden/markup as they occur or on a monthly basis. The Public I Works Business Office will be in charge of making a second copy of these requisitions and mailing them to COM Finance, Lisa Schultz to be processed and billed to MFD. COM employee labor charges for maintenance and repairs will be paid for out of the Public Safety Building operating account 00100010.598100. The COM Finance will in turn bill MFD a cost allocated rate on a yearly basis for these services. 4. Fire Alarm System All fire alarm system maintenance and monitoring fees will be paid out of the Public Safety Building operating account 00100010 and charged to the appropriate BARS object code. The COM will in tum bill MFD 33.3% of the total cost as they occur. The Public Works Business Office will be in charge of making a second copy of these requisitions and mailing them to COM Finance, Lisa Schultz to be processed and billed to MFD. IfMFD disputes any of the billings then please contact the COM Fleet and Facilities Manager, Mike Shepard at 360-363-8106. Mike. Sheparo;'Fleet and Facilities Manager Cc: Allena Olson Denise Gritton Mary Swenson Paul Roberts Sandy Langdon Tonya Miranda 2 Date Date USE AGREEMENT FOR MARYSVILLE PUBLIC SAFETY CENTER THIS AGREEMENT, by and between the CITY OF MARYSVILLE, a municipal corporation, hereinafter the "City," and MARYSVILLE FIRE DISTRICT, hereinafter the "District," is entered into as follows: WHEREAS, the City and Snohomish County Fire Protection District No. 12 have entered into an agreement in conformance with the Washington Inter local Cooperation Act, Chapter 39. 34 RCW, hereinafter the "Interlocal Agreement," for the merger of the fire departments of each entity; and WHEREAS, the Interlocal Agreement contemplates the shared use of a facility owned by the City known as the " Marysville Public Safety Center" by the Marysville Police Department , Marysville Municipal Court, and the Marysville Fire District ; and WHEREAS, the parties wish to set forth the rights and responsibilities of each concerning the shared use of the Public Safety Center; NOW, THEREFORE , For and in consideration of the mutual benefits set forth in this agreement and other good an d valuable consideration, which is hereby acknowledged, the parties agree as follows: 1 . PUBLIC SAFETY CENTER. The City and District hereby agree to the shared use of the Marysville Public Safety Cente r , l ega lly described in Exhibit A, and located at 1635 Grove Street, Marysville, Washington. 2. USE OF FACILITY. The Marysville Public Safety Center co ~ta i~ approximately 32, 000 square feet which shall be shared b ~f wee the Marysville Municipal Court, Marysville Police Dep~rtm nt, and the District as follows: 1 a. 13,288 total square feet for the District, with a})Proximately 6,488 square feet for o ffices, ;t(eeting/training r oom, kitchen and dorms, shared exercise room, and approximately 6,800 square feet for apparatus bay and equipment storage. b. The remainder of the facility shall be utilized by the Marysvil le Police Department, Marysville Municipal Court, for jail facilities and such other municipal purposes as the City deems appropriate . c. The exterior grounds and parking lot shall be shared by the District and the City. Each party shall consult the other prior to any material change in the use of the exterior grounds and /or parking l ot. Use Agreement Marysville Public Safety Center Page 2 of 4 d. The use of the facility by the District shal l be for fire protection and related services as more specifically set forth in the Interlocal Agreement and as established by the Marysville Fire District Board. No other use of the facility shall be authorized without prior consent of the City, provided, this agreement shal l not be construed to prohibit the use of an office space by the State office of Community Development for use by the Washington State Fire Marshal's office. Any proceeds from the use of such office space shall belong to the city. e. The City ma y make arrangements for Fi re District Training /Conference room by contacting the District 1 s secretary in advance of such use. Permission for City use of the training/conference room will b e granted so long as it has not been scheduled for other purposes. The City shall clean up the room after it has been used and leave it in as good or better condition than before such use . 3. TERM. The term of this Agreement shall run con- currently with the Interlocal Agreement and shall automatically be terminated upon the termination of the Interlocal Agreement. 4. UTILITIES. The City and District agree to share in the cost of the public utilities associated with the occupancy of the Marysville Public Safety Center as follows : a. PUD /Electrical : 33.3 % by the District ; 66.7 % by the City. b. Wash ingt on Natural Gas: 50% by the District; 50% by the City. c. Water, garbage and sewer : 33 .3 % by the District; 66.7 % by the City. Upon receipt of each billing for the above-referenced public A tilities, the C ity shall provide a copy of the same to the District whi ch shall reimburse the City for its share with in 30 days of receipt thereof . 5. INSURANC~. a. The City s hal 1 keep the Publi c Safety Cen ter continuously insured against f ire , casualty and theft and shall provide general liability insurance for the premises utilized by the city for other than fir e department operations wi th such limits as are provided by the Washington Cities Insurance Authority. Use Agreement Marysville Public Safety Center Page 3 of 4 b . The written notice coverage, or of shall provide a City shal 1 provide not less than 30 days' to the District of any change in limits, cancellation of said insurance. Each party certificate of insurance to the other party . ~ c . The District shall reimburse the City 33.3 % of the City's premium for building insurance coverage within 30 days of the City providing the District a billing evidencing the cost of such insurance. d. The District shall be solely responsible for insuring the contents of all areas of the facility occupied by the District. 6 . MAINTENANCE AND REPAIRS. a. Exterior. The City shal 1 be responsible for the maintenance and repair of the exterior walls, foundation and roof of the entire structure and the grounds surrounding the structure, and shall keep the same in reasonable condition and repair. Provided, any damages to the exterior portions of the structure, including, but not limited to, the walls, roof, foundation, and grounds, caused by the District shall be the District's sole responsibility. b. Interior. Al 1 maintenance, repair and upkeep of the interior portion of the facility occupied by the District shall be the sole responsibility of the District. The District agrees to keep that portion of the facility occupied by the District in good repair. Provided the City shall be responsible for maintenance, repair, and replacement of the emergency generator lo cated in that portion of the facility by the District. The District may make minor improvements such as replacement of carpeting and painting of walls. Any structural changes to the portion of the facility occupied by the District shall be subject to the consent of the City. Consent shall not be unreasonably withheld. c. The City and District shall make an annual inspection of the interior and exterior of the Public Safety Center and provide a written report of the findings to the Marysville Fire District Board and City Council for their signing . 7. DISPUTES . All disputes which arise b e tween the parties concerning the use of the faci 1 i ty under this Agreement shal 1 follow the following process: a. The parties to this Agreement shall meet and discuss the matter and make a good faith effort to resolve the dispute . Use Agreement Marysville Public Safety Center Page 4 of 4 b. If the parties cannot resolve the dispute, the matter will be submitted to the Marysville City Council and the Commissioners of Snohomish County Fire Protection District No. 12. Said parties shall meet and make a good faith effort to resolve the dispute. c. If, after the steps outlined in (a) and ( b) above have not resolved the dispute, the matter shall be submitted to binding arbitration under the rules of the American Arbitration Association. 8. AMENDMENTS. All amendments to this Agreement shall be in writing, and executed by the parties hereto. 9. ENTIRE AGREEMENT. This Agreement shall constitute the entire agreement of the parties and no other agreement, either oral, written or otherwise, shall be a part hereof. 10. SEVERABILITY. If any part of this Agreement shall be found invalid for any reason, such finding shall not invalidate any other portion of the Agreement. DATED this 1411'1 day of January, 1992: CITY OF MARYSVILLE MARYSVILLE FIRE DISTRICT By DAVE WEISER, Mayor Attest: Chairman, 1 Bld Me er ~f)¥j(J -L. By~.-~ ~cZ-j.{e-4-' City Clerk B,P rd Member .• j; "-.c: • /,i ·' ( ~~<:J. "l..; :)·7 I ?i.., Approved as to Form: Bpar mber ( / . t'('('((Qj \ (i l.Qj\; J.ii./\\ By \a .::J~-r ~) ______ ~::CS_:;~~