HomeMy WebLinkAbout0845 - Snohomish County - Agreement - Use of Mobile Communications VehiclesAMENDMENT N0.1 TO INTERLOCAL COOPERATION AGREEMENT
FOR THE USE OF A MOBILE COMMUNICATIONS VEHICLE
THIS AMENDMENT NO. 1 TO INTERLOCAL COOPERATION AGREEMENT BY
AND BETWEEN SNOHOMISH COUNTY AND THE CITY OF MARYSVILLE FOR THE
USE OF A MOBILE COMMUNJCAJIQNS VfW);LE (the "First Amendment") is made and
entered into this _ 1t:J=: day of ~ 201 ~, -6:(,....a'TI.d between Sno homi sh County, a political
subdivision of the State of Was~ington (the "Co unty"), and the City of Marysvi lle, a municipal
corporation of the State of Washington (the "City") (collectively the "Parties").
RECITALS
A. The County and the City executed an agreement entitled "Inte rlocal Cooperation
Agreement by and between Snohomish County and the C ity of Marysville for the Use of a Mobile
Communications Vehicle" (the "Original Agreement").
B. The County and City, along with Fire Protection District No. 12 , also previously
executed an agreement entitled "lnterlocal Cooperation Agreement by and between Snohomish
Co unty, the City of Marysville, and Fire Protection District No. 12 for the Housing of a Mobile
Command Vehicle" (the "Housing Agreement").
C. The Housing Agreement expired at which time the County ceased to house the
Incident Command and Communications Center, #NEOOl (the "CommVan") described in the
Original Agreement in the City of Marysville.
D. The parties agree that it is in the best interests of the region 's first responders and
the citizens they serve that the Comm Van be housed w ithin the City of Marysville. Pursuant to
this Amendment, the C ity is compensated for the use of space by the Comm Van's proximate
location in the event it is needed for dispatch within the City's jurisdiction.
E. The County and the City wish to now amend the Original Agreement to allow for
the housing of the Comm Van in the City of Marysville in order to provide the maximum potential
benefit when dealing with major emergencies and disasters and other law enforcement functions.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual benefits conferred on both
parties , the parties agree as follows:
Section 1.
follows:
Section l of the Original Agreement is amended to read in its entirety as
AMENDMENT NO. I TO INTERLOCAL COOPERATION AGREEMENT
FOR THE USE OF A MOBI LE COMMUN ICATIONS VEHICLE
Term. This Agreement shall be effecti\1e as of the date of posting of this Agreement
on the County's \vebsite as required by RCW 39.34.040. This term of this
Agreement shall end on December 31, 2018, unless terminated by· either Party
pursuant to either Section 13(a) or Section 13(b) hereof or unless terminated by
mutual agreement ofihe Parties. This Agreement may be renewed, at the discretion
of the Parties, for successive five (5) year terms, PROVIDED, HOWEVER, that
such renewals shall be evidenced by a written amendment in accordance with
Section 15 and, PROVIDED, FURTHER, that the cumulative duration of the initial
term of the Agreement and all renewals thereto shall not exceed twenty (20) years.
Section 2.
follows:
Section 3 of the Original Agreement is amended to read in its entirety as
Communications Vehicle: Housing and Maintenance. Upon delivery by the
County, one Comm Van shall be housed by the City 'in the City facility known as
Fire Station 61 (the "'Fire Station"). The-City represents and warrants that it has full
authority to house the Comm Van at the Fire Station, and that no further authority
is required or necessary.
The City shall provide the daily or routine activities enumerated in the checklist
attached hereto as Exhibit A and incorporated herein by this reference (the
''"Checklist"), with the frequency indicated in the Checklist, on the CommVan,
PROVIDED, HOWEVER, that the City will not be required to perform Checklist
activities on the Comm Van during any 24-hour period during which the Van has
been dispatched and is not on site at the Fire Station. Regular maintenance and
extraordinary maintenance for the C-omm Van shall be provided by the County.
The City shall maintain records of its daily or routine activities with respect to the
Comm Van in the form of the Checklist. The County may, at reasonable times,
inspect the Checklist and all other books and records of the City relating to its
performance under this Agreement. The City shall each keep all records required
by this Agreement for audit purposes for seven (7) years after termination of this
Agreement, PROVIDED, HOWEVER, that the City shall surrender its records
concerning the Comm Van to the County upon its request if this Agreement is
terminated.
Except when removed from the Fire Station for maintenance_ or dispatc·h, the
Comm Van shall be housed inside a fully-enclosed and secured facility at the Fire
Station. Access to vehicles by authorized deployment personnel shall be arranged
with the City.
Section 3. The Original Agreement is amended to include the attached Exhibit A,
incorporated herein by this reference.
AMENDMENT NO. I TO INTERLOCAL COOPERATION AGREEMENT
FOR THE USE OF A MOBILE COMMUNICATfONS VEHICLE 2 of3
Section 4. A ll other terms and conditions of the Original Agreement shall remain in
full for ce and effect except as expressly modified by this First Amendment.
IN WITNESS WHEREOF, the parties hereto have executed thi s Fi rs t Amendment as of
the day and year first written above.
COUNTY:
Snohomish County, a pol itical subdivision
of the State of Washington
By ~~
Name: SUSAN NEELY
Tl.tie·. --f"E...,x=e =cu ..... t"""1v=e,......D.,.,1=re='"'c=to=-r---
---.,<-""-_,__1 #//~' r::::/-----vr 'I I
Approved as to Form :
Approved as to insurance and
indemnification provisions :
~J~ctJQpJ7 Sk Management
COUNCIL USE O NLY
Approved : &, · 7 :J 7 D ~t Oocfile:
CITY:
C ity of Marysville, a municipal corporation of
the State of Washington
Approved as to Form:
~~t~ '
AMENDME NT NO. I TO INTERLOCAL COOPERATION AGREEMENT
FOR THE USE OF A MOBILE CO MM UN ICATIO NS VEHICLE 3 of3
Daily
Fuel, Oil
and Water
Levels
Lights
Brakes
Windshield
Wipers
'fires
(Visual)
Radio
(Vol.&
Frequency)
Fire
Extinguisher
Gas Card
Map'
Portable
Radio
800Mh
Weekly
Fan Belts
Tire
Pressure
Generator
(Oil & Run)
Loose Bolts,
Nuts, Etc.
Equipment
Initials
1 2 3 4 5 6 7 8 9 10
Exhibit A
Van Safety Check and Cleaning Sheet
COMVAN North
11 12 13 14 15 16 17
Exhibit A TO INTERLOCAL COOPERATION AGREEMENT
FOR THE USE OF A MOBILE COMMUNICATIONS VEHICLE
18 19 20 21 22 23 24 25 26 27 28 29 30 31
Exhibit A TO JNTERLOCAL COOPERATION AGREEMENT
FOR THE USE OF A MOBILE COMMUNICATIONS VElllCLE
After recording return to:
Ms.Barbara Sikorski
Assistant Clerk
Snohomish County Council
3000 Rockefeller Avenue,MIS 609
Everett,WA 9820 I
rNTERLOCAL COOPERATION AGREEMENT
BY AND BETWEEN SNOHOMISH COUNTY AND THE CITY OF MARYSVILLE
FOR THE USE OF MOBILE COMMUNICATIONS VEHICLES
THIS AGREEMENT (the "Agreement")is entered into by and between Snohomish
County,a political subdivision of the State of Washington (the "County"),and the City of
Marysville,a municipal corporation of the State of Washington (the "City"),as of this
eZt6"""dayof lY)il1ll\,2013.
RECITALS
WHEREAS,the County is the recipient of Urban Area Security Initiative ("UAS''')
Grant No.E04-058,as amended (the "UASI Grant"),from the Washington Military Department
that has provided funding for the acquisition of two mobile communications vehicles
(collectively,the "CommVans"and,individually,a "CommVan");and
WHEREAS,the County is also the recipient of a grant from the Law Enforcement
Terrorism Prevention Program (the "LETPP Grant")that has provided funding for the
acquisition and installation of radio communications equipment to be placed in and attached to
the CommVans;and
WHEREAS,radio equipment,some of which may have been supplied by the City as
shown in Attachment I,has been installed in the CommVans;and
WHEREAS,the CommVans will serve as a regional resource for homeland security for
the UASI region (Snohomish County,Pierce County,King County,City of Seattle and the city
of Bellevue),as well as for Washington State Region One (comprised of Island, San Juan,
Skagit,Snohomish,and Whatcom counties)and will provide interoperable communications
abilities between all of the Region One agencies;and
WHEREAS,the CommVans are housed in two different and strategically convenient
locations so that they may be available for use by the federal government,the state,its political
subdivisions and municipal corporations as contemplated by RCW 38.52.110(1);and
WHEREAS,the parties anticipate that each of the following entities will be participating
agencies in the operation of the CommVans pursuant to separate use agreements with the
ORIGINAL
County:the City of Lynnwood,the City of Marysville,Southwest Snohomish County
Communications Agency (SNOCOM),Snohomish County Police Staff and Auxiliary Service
Center (SNOPAC),Emergency Services Coordinating Agency (ESCA),Snohomish County
Emergency Radio System (SERS),and Snohomish County Department of Emergency
Management (OEM);and
WHEREAS,each of the County and the City (collectively,the "Parties"and,
individually,a "Party")possess the power and authority to respond to major emergencies and
disasters,whether natural or man-made,or perform any othcr function which would require
interoperable communications;and
WHEREAS,in order to provide the maximum potential benefit from the Comm Vans and
to render the best possible services in dealing with major emergencies and disasters,and other
law enforcement functions for the citizens of thc County and the region,the Parties have
determined that it is necessary and desirable to cooperatc in the manner set forth in this
Agreement;and
WHEREAS,Chapter 39.34 RCW authorizes two or more public entities to contract with
each other to perform any governmental service,activity or undertaking that each is authorized
by law to perform individually;
NOW,THEREFORE,in consideration of the mutual covenants,conditions and promiscs
contained herein,the Parties agree as follows:
I.Tenn.This Agreement shall be effective as of the date of the posting of this
Agreement on the County's website as required by RCW 39.34.040.This term of this
Agreement shall end on December 31,2017,unless terminated by the either Patiy pursuant to
either Section 13(a)or Section 13(b)hereof or unless terminated by mutual agreement of the
Parties.This Agreement may be renewed,at thc discretion of the Parties,for successive five (5)
year terms,PROVIDED,HOWEVER,that such renewals shall be evidenced by a written
amendment in accordance with Section 15 and,PROVIDED,FURTHER,that the cumulative
duration of the initial term of the Agreement and all renewals thereto shall not exceed twenty
(20)years.
2.Communication Vehicle:Definition
(a)This interlocal agreement (ILA)shall apply to the use and operation of two (2)
communication vehicles (also known as CommVans and/or COMI and COM2)titled to,and
owned by,Snohomish County.
(b)While both vehicles are owned by the County,it is understood that numerous
pieces of communications equipment contained in both vehicles has been purchased or donated
by local (participating)agencies.This equipment includes that shown in Attachment I.Any
equipment installed in a Comm Van that was donated by the City shall be retained by the County
upon termination or expiration of this ILA unless the CommVan is destroyed or
decommissioned.In the event of the destruction or decommissioning of the CommVan,any
equipment installed in it that was donated by the City and which remains in functional condition,
shall be returned to the City.
3.Communication Vehicle:Housing
(a)Vehicle housing shall be in accordance with Interlocal Agreements between
the County and the cities of Lynnwood and Marysville.COMI shall be housed by the city of
Marysville at Fire Station #61 in Marysville,Washington ("Fire Station North").COM2 shall be
housed by the city of Lynnwood at Fire Station #15 in Lynnwood,Washington ("Fire Station
South").If during the time this ILA is in effect,either city's Fire Department deployment
necessitates that a Comm Van be relocated,such action will only be taken after consultation with
and approval by the County.
(b)Vehicles shall be housed in a secure and covered environment.Access to
vehicles by authorized deployment personnel shall be arranged with the housing agency.
4.Communication Vehicle:Deployment
(a)Vehicle deployment shall be governed by the Communications Vehicles
Operational Guidelines (Attachment 2).
(b)Requests for vehicle deployment to support an emergency or law enforcement
action will be made through the primary communication center dispatch supervisor,who will in
turn notify the County DEM Duty Officer.The primary communications center for COMI is
SNOPAC and the primary communications center for COM2 is SNOCOM.Request(s)for
deployment shall be made by a command-level officer for the requesting agency.
(c)Requests for vehicle deployment to support training events will be made in
writing or via email through the Logistics Section to the DEM Fleet Manager.Training requests
should be made at least two weeks prior to the event.
(d)Vehicle deployment will be prioritized on an emergency versus non-
emergency event basis and also between multiple emergency event requests.The County DEM
Duty Officer shall decide the priorities for multiple deployment requests.Examples of
emergency events may include any hazardous material incident (automatic response),multiple
agency response,and Priority 2 emergency events.Examples of non-emergency events include
parades,festivals,and vehicle demonstrations.
(e)The vehicle deployment procedure shall include the following:Upon
deployment,the primary communications center shall log the vehicle into and out of service on
the CAD system;the primary operator of the vehicle shall complete the Vehicle Deployment
Form,noting the time in and out of service,as well as other peliinent information including
requesting agency,incident /case number,type of event,and any damage or failure of
equipment.
(f)Vehicle deployment to and from a scene shall only be undertaken by a trained
and authorized vehicle operator.All vehicle operators shall be properly insured and licensed in
Washington State.
(g)Any vehicle damage or equipment failure shall be reported on the Vehicle
Deployment/Incident Log Sheet as detailed in the Communieation Vehicle Operational
Guidelines.This report shall be faxed to the County OEM Fleet Manager upon return of the
vehicle.
(h)Overall responsibility for the vehicle while deployed at a seene shall rest with
the requesting (user)ageney.
(i)Vehicle deployment shall never be a "code"response.These are not
emergency vehicles.
5.Communication Vehicle:Equipment Operation
(a)Vehicle operations shall be governed by the Communications Vehicle
Operational Guidelines.
(b)Vehicle equipment shall be operated by authorized personnel only.A list of
trained equipment operators shall be kept with each vehicle.
(c)Vehicle equipment shall be tested regularly by authorized personnel only.
The basis and frequency of testing for radios,phones,servers,and computers shall be determined
by SERS and primary communication center personnel.
(d)Vehicle equipment failure shall be reported on the Deployment/Incident Log
Sheet.The report shall be faxed to the County OEM Fleet Manager upon return of the vehicle.
6.Communication Vehicle:Training -Vehicle &Equipment Operations
(a)
(b)
Vehicle training shall be governed by the rules set forth in the
Communications Vehicle Operational Guidelines.
Vehicle and equipment operation training shall be coordinated by
Snohomish County OEM.Vehicle operators shall be properly
licensed and insured in Washington State.
7.Communication Vehicle:Miscellaneous
(a)Authorized vehicle and equipment operators shall be governed by the rules set
forth in the Communications Vehicle Operational Guidelines.
(b)Vehicle cleanliness shall be the responsibility of the requesting /user agency
and the appropriate housing agency.User agencies shall return a CommVan in the condition
they received it.
(c)Under no circumstances shall anyone,except authorized maintenance
providers,stand or walk on the roof of a CommVan.Standing on the roof may lead to seals
being broken,causing water leaks and damage to the equipment inside.
(d)All graphics and lettering shall be coordinated with the County Department of
Emergency Management (OEM).Both CommVans shall be equipped and maintained in a
substantially identical manner.
8.Deployment Costs
(a)Inspections of each Comm Van shall be completed by its housing agency
when the Comm Van returns from an event.These inspections shall be documented on the
Vehicle Inspection &Maintenance Form (attached).
(b)The County shall be responsible for vehicle maintenance.This maintenance
shall be performed as directed by County vehicle maintenance policies.
(c)Any excessive maintenance costs arising from a particular deployment of a
Comm Van shall be the responsibility of the requesting /user agency.
(d)User agencies are responsible to refuel the Comm Van after their usc and prior
to their return to quarters.Any other consumables,such as office supplies,etc.are the
responsibility of the user agency.
9.Insurance.
Each Party shall maintain its own insurance and/or self-insurance for its liabilities from
damage to property and/or injuries to persons arising out of its activities associated with this
Agreement as it deems reasonably appropriate and prudent.The maintenance of,or lack thereof
of insurance and/or self insurance shall not limit the liability of the indemnifying part to the
indemnified party(s).
10.Direction and Control.The City agrees that it will use and operate the CommVans
as specified in this Agreement as an independent contractor and not as an agent,employee,or
servant of the County.The Parties agrcc that the employees of the City are not entitled to any
bcncfits or rights enjoyed by employees of the County.The City specifically has the right to
direct and control its own activities in undertaking the use and operation of the Comm Vans in
accordance with the specifications set out in this Agreemcnt.The County shall have the right
only to ensure performance.Nothing in this Agreement shall be construed to render the Parties
partners or joint venturers.
II.Hold Harmless and Indemnification.Each party shall protect,defend,indemnify
and save harmless the other party,its officers,officials,employees and agents while acting
within the scope of their employment as such,from any and all suits,costs,claims,actions,
losses,penalties,judgments,and/or awards of damages,of whatsoever kind arising out of,or in
connection with,or incident to this Agreement caused by or resulting from each party's own
negligent acts or omissions.Each party agrees that it is fully responsible for the acts and
omissions of its own subcontractors,their employees and agents,acting within the scope of their
employment as such,as it is for the acts and omissions of its own employees and agents.Each
party agrees that its obligations under this provision extend to any claim,demand,and/or cause
of action brought by or on behalf of any of its employees,or agents.The foregoing indemnity is
specifically and expressly intended to constitute a waiver of each paliy's immunity under
Washington's Industrial Insurance act,RCW Title 51,as respects the other party only,and only
to the extent necessary to provide the indemnified patiy with a full and complete indemnity of
claims made by the indemnitor's employees.The patiies acknowledge that these provisions were
specifically negotiated and agreed upon by them.
12.Dispute Resolution.In the event differences between the Parties should arise over
the terms and conditions or the performance of this Agreement,the Paliies shall use their best
effOlis to resolve those differences on an informal basis.If those differences cannot be resolved
informally,the matter shall be referred for mediation to a mediator mutually selected by the
Parties.If mediation is not successful,either of the Parties may institute legal action for specific
performance of this Agreement or for damages.The prevailing party in any legal action shall be
entitled to a reasonable attorneys'fee and court costs.
13.Termination.
(a)Termination for Breach.If either Party breaches any of its obligations
hereunder,and fails to cure the same within five (5)days of written notice to do so by the other
Party,the latter Party may terminate this Agreement.
(b)Termination for Convenience or Otherwise.Either Party may terminate this
Agreement upon thirty (30)days'written notice to the other Patiy for any reason other than
stated in subparagraph (a)above.
(c)Return of CommVan on Termination.Upon the expiration or termination of
this Agreement,the Comm Van and all associated equipment and records shall be returned or
delivered to the custody of the County.That return shall be accomplished promptly at a time and
in a manner then agreed to by the Parties that will assure the continued availability of the
CommVan for the uses and the purposes for which it was acquired.
(d)Other Rights Not Affected.Termination shall not affect the rights of the
Parties under any other section or paragraph herein.
14.Notices.All notices and other communications shall be in writing and shall be
sufficiently given and shall be deemed given on the date on which the same has been mailed by
certified mail,return receipt requested,postage prepaid,addressed as follows:
If to the County:
If to the City:
Snohomish County
Department of Emergency Management
720 80 th St.SW Bldg.A
Everett,WA 98203
Attention:Diana Rose
Admin Finance Program Manager
City of Marysville
Public Works Department
80 Columbia Avenue
Marysville,WA 98270
Attention:Cheryl Niclai
Administrative Services Manager
Either Party may,by notice to the other Party given hereunder,designate any further or
different addresses to which subsequent notices or other communications to it shall be sent.
15.Amendments.No changes or amendments shall be made in this Agreement except
as agreed to by both Parties,reduced to writing and executed with the same formalities,
including posting on the County website,as are required for the execution of this Agreement.
16.Compliance with Laws.The Parties shall comply with all applicable federal,state
and local laws,rules,and regulations in performing this Agreement.
17.Nonassignment.The City shall not subcontract or assign any of its rights,duties or
obligations under this Agreement without the prior express written consent of the County.
18.Governing Law and Venue.This Agreement shall be governed by the laws of the
State of Washington.Any lawsuit regarding this Agreement must be brought in Snohomish
County,Washington.
19.Authority.Each Party represents that it has full and sufficient authority to execute
this Agreement on its behalf and that,upon its execution and posting pursuant to Section 26
hereof,this Agreement shall constitute a binding obligation of the County or the City,as the case
may be.
20.Conflicts Between Attachments and Text.Should any conflicts exist between any
attached exhibit or schedule and the text of this Agreement,the text shall prevail.
21.Severability.Should any clause,phrase,sentence or paragraph of this Agreement
be declared invalid or void,the remaining provisions of this Agreement shall remain in full force
and effect.
22.Liability;No Third Party Beneficiaries.No liability shall attach to any of the
Parties by reason of entering into this Agreement except as expressly provided herein.None of
the Parties to this Agreement assume any duty to any third party.
23.Complete Agreement.This Agreement constitutes the entire understanding of the
Parties on the subjects hereof.Any written or verbal agreements not set forth hcrein or
incorporated herein by reference are expressly excluded.
24.Counterparts. This Agreement may be simultaneously executed in several
counterparts,each of which shall be an original and all of which shall constitute but one and the
same instrument.
25.Ratification.Acts taken in conformity with this Agreement but prior to its
execution are hereby ratified and confirmed.
26.Website Posting.Upon execution,this Agreement shall be returned to the Clerk
of the Snohomish County Council,who shall cause a fully executed original of this Agreement to
be posted on the County website pursuant to RCW 39.34.040.The Clerk of the Snohomish
County Council shall thereafter distribute duplicated conformed copies orthe Agreement to each
orthe Parties hereto.
SNOHOMISH COUNTY:
/"'-"Co""~RY HAAKENSON
Deputy County Executive
Approved as to insurance provisions only:
Approved as to form only:
CITY OF MARYSVILLE:
~za::;,-;
Approved as to form on Iy:
G.Sivley
Deputy Prosecuting Attorney
12/21/2012
Date
AMENDMENT NO. 1 TO INTERLOCAL COOPERATION AGREEMENT
FOR THE USE OF A MOBILE COMMUNICATIONS VEHICLE
THIS AMENDMENT NO. 1 TO INTERLOCAL COOPERATION AGREEMENT BY
AND BETWEEN SNOHOMISH COUNTY AND THE CITY OF MARYSVILLE FOR THE
USE OF. A M?BILE COMM~~f JJ.~N,§1,)'EHICLE (the "First Ame?dment") is mad~ ~nd
entered mto this _b_ day of 0~, ::iol6, by and between Snohomish County, a political
subdivision of the State of Washington (the "County"), and the City of Marysville, a municipal
corporation of the State of Washington (the "City") (collectively the "Parties").
RECITALS
A. The County and the City executed an agreement entitled "Interlocal Cooperation
Agreeme nt by and between Snohomish County and the City of Marysville for the Use of a Mobile
Communications Vehicle" (the "Original Agreement").
B. The County and City, along with Fire Protection District No . 12, also previously
executed an agreement entitled "Interlocal Cooperation Agreement by and between Snohomish
County , the City of Marysville, and Fire Protection District No. 12 for the Housing of a Mobile
Command Vehicle" (the "Housing Agreement").
C. The Housing Agreement expired at which time the County ceased to house the
Incident Command and Communications Center, #NEOO 1 (the "Comm Van") described in the
Original Agreement in the City of Marysville.
D. The parties agree that it is in the best interests of the region's first responders and
the citizens they serve that the Comm Van be housed within the City of Marysville. Pursuant to
this Amendment, the City is : compensated for the use of space by the Comm Van's proximate
location in the event it is needed for dispatch within the City's jurisdiction.
E. The County and the City wish to now amend the Original Agreement to allow for
the housing of the Comm Van in the City of Marysville in order to provide the maximum potential
benefit when dealing with major emergencies and disasters and other law enforcement functions.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual benefits conferred on both
parties , the parties agree as follows:
Sedion 1.
follows:
Section 1 of the Original Agreement is amended to read in its entirety as
AMENDMENT NO . I TO INTERLOCAL COOPERATION AGREEMENT
FOR THE USE OF A MOBILE COMMUNICATIONS VEHICLE [] c l of 3 y
Ierm. This Agreement shall be effective as of the date of posting of this Agreement
on the County's website as required by RCW 39.34.040. This term of this
Agreement shall end on December 31, 2018, unless terminated by either Party
pursuant to either Section 13(a) or Section 13(b) hereof or unless terminated by
mutual agreement of the Parties. This Agreement may be renewed, at the discretion
of the Parties, for successive five (5) year terms, PROVIDED, HOWEVER, that
such renewals shall be evidenced by a written amendment in accordance with
Section 15 and, PROVIDED, FURTHER, that the cumulative duration of the initial
term of the Agreement and all renewals thereto shall not exceed twenty (20) years.
Section 2.
follows:
Section 3 of the Original Agreement is amended to read in its entirety as
Communications Vehicle: Housing and Maintenance. Upon delivery by the
County, one Comm Van shall be housed by the City in the City facility known as
Fire Station 61 (the "Fire Station"). The City represents and warrants that it has full
authority to house the Comm Van at the Fire Station, and that no further authority
is required or necessary.
The City shall provide the daily or routine activities enumerated in the checklist
a1tached hereto as Exhibit A and incorporated herein by this reference (the
"Checklist"), with the frequency indicated in the Checklist, on the Comm Van,
PROVIDED, HOWEVER, that the City will not be required to perform Checklist
activities on the Comm Van during any 24-hour period during which the Van has
been dispatched and is not on site at the Fire Station. Regular maintenance and
extraordinary maintenance for the Comm Van shall be provided by the County.
The City shall maintain records of its daily or routine activities with respect to the
Comm Van in the form of the Checklist. The County may, at reasonable times,
inspect the Checklist and all other books and records of the City relating to its
performance under this Agreement. The City shall each keep all records required
by this Agreement for audit purposes for seven (7) years after termination of this
Agreement, PROVIDED, HOWEVER, that the City shall surrender its records
concerning the Comm Van to the County upon its request if this Agreement is
terminated.
Except when removed from the Fire Station for maintenance or dispatch, the
Comm Van shall be housed inside a fully-enclosed and secured facility at the Fire
Station. Access to vehicles by authorized deployment personnel shall be arranged
with the City.
Section 3. The Original Agreement is amended to include the attached Exhibit A,
incorporated herein by this reference.
AMENDMENT NO. l TO INTERLOCAL COOPERATION AGREEMENT
FOR THE USE OF A MOBILE COMMUNICATIONS VEHICLE 2 of 3
Section 4. All other terms and conditions of the Original Agreement shall remain in
full force and effoct except as expressly modified by this First Amendment.
I1'-J WITNESS WHEREOF, the parties hereto have executed this First Amendment as of
the day and year first written above.
COUNTY:
Snohomish County, a political subdivision
of the State of Washington
By
Name:
Title:
~~--~~~~~~~~
Approvt~d as to 18'orm:
Deputy Prosecuting Attorney
Approved as to insurance and
indemniJtication provisions:
. . /) dltQJ11rz. ( /+I_!]
1sk Management C ·
"'---
CITY:
City of Marysville, a municipal corporation of
the State of Washington
Approved as to Form:
\~~y-,_______.
AMENDMENT NO. I TO INTER~OCAL COOPERATION AGREEMENT
FOR THE USE OF A MOBILE COMlVIUNICA TIONS VEHICLE 3 of3
Daily 1 2 3 4 5 6
Fuel, Oil I and Water
Levels
Lights
Brakes
Windshie!Q
Wipers
Tires
(Visual)
Radio
(Vol.&
Frequency)
Fire
Extinguisher
Gas Card
Maps
Portable
Radio I 800Mh
Weekly
Fan Belts
Tire I
Pressure
Generator
(Oil& Run)
Loose Bolts,
Nuts, Etc.
Equipment
!nitia!s
7 8 9 10
-, •.. -.
I I
Exhibit A
Van Safety Check and Cleaning Sheet
COMVAN North
11 12 13 14 15 16 17
I I I I
. -····-
I I I I I
Exhibit A TO INTERLOCAL COOPERATION AGREEMENT
FOR THE USE OF A MOBILE COMMUNICATIONS VEHICLE
18 19 20 21 22 23 24 25 26 27 28 29 30 31
I
I
I
I I I
After recording return to:
Ms.Barbara Sikorski
Assistant Clerk
Snohomish County Council
3000 Rockefeller Avenue,MIS 609
Everett,WA 9820 I
rNTERLOCAL COOPERATION AGREEMENT
BY AND BETWEEN SNOHOMISH COUNTY AND THE CITY OF MARYSVILLE
FOR THE USE OF MOBILE COMMUNICATIONS VEHICLES
THIS AGREEMENT (the "Agreement")is entered into by and between Snohomish
County,a political subdivision of the State of Washington (the "County"),and the City of
Marysville,a municipal corporation of the State of Washington (the "City"),as of this
eZt6"""dayof lY)il1ll\,2013.
RECITALS
WHEREAS,the County is the recipient of Urban Area Security Initiative ("UAS''')
Grant No.E04-058,as amended (the "UASI Grant"),from the Washington Military Department
that has provided funding for the acquisition of two mobile communications vehicles
(collectively,the "CommVans"and,individually,a "CommVan");and
WHEREAS,the County is also the recipient of a grant from the Law Enforcement
Terrorism Prevention Program (the "LETPP Grant")that has provided funding for the
acquisition and installation of radio communications equipment to be placed in and attached to
the CommVans;and
WHEREAS,radio equipment,some of which may have been supplied by the City as
shown in Attachment I,has been installed in the CommVans;and
WHEREAS,the CommVans will serve as a regional resource for homeland security for
the UASI region (Snohomish County,Pierce County,King County,City of Seattle and the city
of Bellevue),as well as for Washington State Region One (comprised of Island, San Juan,
Skagit,Snohomish,and Whatcom counties)and will provide interoperable communications
abilities between all of the Region One agencies;and
WHEREAS,the CommVans are housed in two different and strategically convenient
locations so that they may be available for use by the federal government,the state,its political
subdivisions and municipal corporations as contemplated by RCW 38.52.110(1);and
WHEREAS,the parties anticipate that each of the following entities will be participating
agencies in the operation of the CommVans pursuant to separate use agreements with the
ORIGINAL
County:the City of Lynnwood,the City of Marysville,Southwest Snohomish County
Communications Agency (SNOCOM),Snohomish County Police Staff and Auxiliary Service
Center (SNOPAC),Emergency Services Coordinating Agency (ESCA),Snohomish County
Emergency Radio System (SERS),and Snohomish County Department of Emergency
Management (OEM);and
WHEREAS,each of the County and the City (collectively,the "Parties"and,
individually,a "Party")possess the power and authority to respond to major emergencies and
disasters,whether natural or man-made,or perform any othcr function which would require
interoperable communications;and
WHEREAS,in order to provide the maximum potential benefit from the Comm Vans and
to render the best possible services in dealing with major emergencies and disasters,and other
law enforcement functions for the citizens of thc County and the region,the Parties have
determined that it is necessary and desirable to cooperatc in the manner set forth in this
Agreement;and
WHEREAS,Chapter 39.34 RCW authorizes two or more public entities to contract with
each other to perform any governmental service,activity or undertaking that each is authorized
by law to perform individually;
NOW,THEREFORE,in consideration of the mutual covenants,conditions and promiscs
contained herein,the Parties agree as follows:
I.Tenn.This Agreement shall be effective as of the date of the posting of this
Agreement on the County's website as required by RCW 39.34.040.This term of this
Agreement shall end on December 31,2017,unless terminated by the either Patiy pursuant to
either Section 13(a)or Section 13(b)hereof or unless terminated by mutual agreement of the
Parties.This Agreement may be renewed,at thc discretion of the Parties,for successive five (5)
year terms,PROVIDED,HOWEVER,that such renewals shall be evidenced by a written
amendment in accordance with Section 15 and,PROVIDED,FURTHER,that the cumulative
duration of the initial term of the Agreement and all renewals thereto shall not exceed twenty
(20)years.
2.Communication Vehicle:Definition
(a)This interlocal agreement (ILA)shall apply to the use and operation of two (2)
communication vehicles (also known as CommVans and/or COMI and COM2)titled to,and
owned by,Snohomish County.
(b)While both vehicles are owned by the County,it is understood that numerous
pieces of communications equipment contained in both vehicles has been purchased or donated
by local (participating)agencies.This equipment includes that shown in Attachment I.Any
equipment installed in a Comm Van that was donated by the City shall be retained by the County
upon termination or expiration of this ILA unless the CommVan is destroyed or
decommissioned.In the event of the destruction or decommissioning of the CommVan,any
equipment installed in it that was donated by the City and which remains in functional condition,
shall be returned to the City.
3.Communication Vehicle:Housing
(a)Vehicle housing shall be in accordance with Interlocal Agreements between
the County and the cities of Lynnwood and Marysville.COMI shall be housed by the city of
Marysville at Fire Station #61 in Marysville,Washington ("Fire Station North").COM2 shall be
housed by the city of Lynnwood at Fire Station #15 in Lynnwood,Washington ("Fire Station
South").If during the time this ILA is in effect,either city's Fire Department deployment
necessitates that a Comm Van be relocated,such action will only be taken after consultation with
and approval by the County.
(b)Vehicles shall be housed in a secure and covered environment.Access to
vehicles by authorized deployment personnel shall be arranged with the housing agency.
4.Communication Vehicle:Deployment
(a)Vehicle deployment shall be governed by the Communications Vehicles
Operational Guidelines (Attachment 2).
(b)Requests for vehicle deployment to support an emergency or law enforcement
action will be made through the primary communication center dispatch supervisor,who will in
turn notify the County DEM Duty Officer.The primary communications center for COMI is
SNOPAC and the primary communications center for COM2 is SNOCOM.Request(s)for
deployment shall be made by a command-level officer for the requesting agency.
(c)Requests for vehicle deployment to support training events will be made in
writing or via email through the Logistics Section to the DEM Fleet Manager.Training requests
should be made at least two weeks prior to the event.
(d)Vehicle deployment will be prioritized on an emergency versus non-
emergency event basis and also between multiple emergency event requests.The County DEM
Duty Officer shall decide the priorities for multiple deployment requests.Examples of
emergency events may include any hazardous material incident (automatic response),multiple
agency response,and Priority 2 emergency events.Examples of non-emergency events include
parades,festivals,and vehicle demonstrations.
(e)The vehicle deployment procedure shall include the following:Upon
deployment,the primary communications center shall log the vehicle into and out of service on
the CAD system;the primary operator of the vehicle shall complete the Vehicle Deployment
Form,noting the time in and out of service,as well as other peliinent information including
requesting agency,incident /case number,type of event,and any damage or failure of
equipment.
(f)Vehicle deployment to and from a scene shall only be undertaken by a trained
and authorized vehicle operator.All vehicle operators shall be properly insured and licensed in
Washington State.
(g)Any vehicle damage or equipment failure shall be reported on the Vehicle
Deployment/Incident Log Sheet as detailed in the Communieation Vehicle Operational
Guidelines.This report shall be faxed to the County OEM Fleet Manager upon return of the
vehicle.
(h)Overall responsibility for the vehicle while deployed at a seene shall rest with
the requesting (user)ageney.
(i)Vehicle deployment shall never be a "code"response.These are not
emergency vehicles.
5.Communication Vehicle:Equipment Operation
(a)Vehicle operations shall be governed by the Communications Vehicle
Operational Guidelines.
(b)Vehicle equipment shall be operated by authorized personnel only.A list of
trained equipment operators shall be kept with each vehicle.
(c)Vehicle equipment shall be tested regularly by authorized personnel only.
The basis and frequency of testing for radios,phones,servers,and computers shall be determined
by SERS and primary communication center personnel.
(d)Vehicle equipment failure shall be reported on the Deployment/Incident Log
Sheet.The report shall be faxed to the County OEM Fleet Manager upon return of the vehicle.
6.Communication Vehicle:Training -Vehicle &Equipment Operations
(a)
(b)
Vehicle training shall be governed by the rules set forth in the
Communications Vehicle Operational Guidelines.
Vehicle and equipment operation training shall be coordinated by
Snohomish County OEM.Vehicle operators shall be properly
licensed and insured in Washington State.
7.Communication Vehicle:Miscellaneous
(a)Authorized vehicle and equipment operators shall be governed by the rules set
forth in the Communications Vehicle Operational Guidelines.
(b)Vehicle cleanliness shall be the responsibility of the requesting /user agency
and the appropriate housing agency.User agencies shall return a CommVan in the condition
they received it.
(c)Under no circumstances shall anyone,except authorized maintenance
providers,stand or walk on the roof of a CommVan.Standing on the roof may lead to seals
being broken,causing water leaks and damage to the equipment inside.
(d)All graphics and lettering shall be coordinated with the County Department of
Emergency Management (OEM).Both CommVans shall be equipped and maintained in a
substantially identical manner.
8.Deployment Costs
(a)Inspections of each Comm Van shall be completed by its housing agency
when the Comm Van returns from an event.These inspections shall be documented on the
Vehicle Inspection &Maintenance Form (attached).
(b)The County shall be responsible for vehicle maintenance.This maintenance
shall be performed as directed by County vehicle maintenance policies.
(c)Any excessive maintenance costs arising from a particular deployment of a
Comm Van shall be the responsibility of the requesting /user agency.
(d)User agencies are responsible to refuel the Comm Van after their usc and prior
to their return to quarters.Any other consumables,such as office supplies,etc.are the
responsibility of the user agency.
9.Insurance.
Each Party shall maintain its own insurance and/or self-insurance for its liabilities from
damage to property and/or injuries to persons arising out of its activities associated with this
Agreement as it deems reasonably appropriate and prudent.The maintenance of,or lack thereof
of insurance and/or self insurance shall not limit the liability of the indemnifying part to the
indemnified party(s).
10.Direction and Control.The City agrees that it will use and operate the CommVans
as specified in this Agreement as an independent contractor and not as an agent,employee,or
servant of the County.The Parties agrcc that the employees of the City are not entitled to any
bcncfits or rights enjoyed by employees of the County.The City specifically has the right to
direct and control its own activities in undertaking the use and operation of the Comm Vans in
accordance with the specifications set out in this Agreemcnt.The County shall have the right
only to ensure performance.Nothing in this Agreement shall be construed to render the Parties
partners or joint venturers.
II.Hold Harmless and Indemnification.Each party shall protect,defend,indemnify
and save harmless the other party,its officers,officials,employees and agents while acting
within the scope of their employment as such,from any and all suits,costs,claims,actions,
losses,penalties,judgments,and/or awards of damages,of whatsoever kind arising out of,or in
connection with,or incident to this Agreement caused by or resulting from each party's own
negligent acts or omissions.Each party agrees that it is fully responsible for the acts and
omissions of its own subcontractors,their employees and agents,acting within the scope of their
employment as such,as it is for the acts and omissions of its own employees and agents.Each
party agrees that its obligations under this provision extend to any claim,demand,and/or cause
of action brought by or on behalf of any of its employees,or agents.The foregoing indemnity is
specifically and expressly intended to constitute a waiver of each paliy's immunity under
Washington's Industrial Insurance act,RCW Title 51,as respects the other party only,and only
to the extent necessary to provide the indemnified patiy with a full and complete indemnity of
claims made by the indemnitor's employees.The patiies acknowledge that these provisions were
specifically negotiated and agreed upon by them.
12.Dispute Resolution.In the event differences between the Parties should arise over
the terms and conditions or the performance of this Agreement,the Paliies shall use their best
effOlis to resolve those differences on an informal basis.If those differences cannot be resolved
informally,the matter shall be referred for mediation to a mediator mutually selected by the
Parties.If mediation is not successful,either of the Parties may institute legal action for specific
performance of this Agreement or for damages.The prevailing party in any legal action shall be
entitled to a reasonable attorneys'fee and court costs.
13.Termination.
(a)Termination for Breach.If either Party breaches any of its obligations
hereunder,and fails to cure the same within five (5)days of written notice to do so by the other
Party,the latter Party may terminate this Agreement.
(b)Termination for Convenience or Otherwise.Either Party may terminate this
Agreement upon thirty (30)days'written notice to the other Patiy for any reason other than
stated in subparagraph (a)above.
(c)Return of CommVan on Termination.Upon the expiration or termination of
this Agreement,the Comm Van and all associated equipment and records shall be returned or
delivered to the custody of the County.That return shall be accomplished promptly at a time and
in a manner then agreed to by the Parties that will assure the continued availability of the
CommVan for the uses and the purposes for which it was acquired.
(d)Other Rights Not Affected.Termination shall not affect the rights of the
Parties under any other section or paragraph herein.
14.Notices.All notices and other communications shall be in writing and shall be
sufficiently given and shall be deemed given on the date on which the same has been mailed by
certified mail,return receipt requested,postage prepaid,addressed as follows:
If to the County:
If to the City:
Snohomish County
Department of Emergency Management
720 80 th St.SW Bldg.A
Everett,WA 98203
Attention:Diana Rose
Admin Finance Program Manager
City of Marysville
Public Works Department
80 Columbia Avenue
Marysville,WA 98270
Attention:Cheryl Niclai
Administrative Services Manager
Either Party may,by notice to the other Party given hereunder,designate any further or
different addresses to which subsequent notices or other communications to it shall be sent.
15.Amendments.No changes or amendments shall be made in this Agreement except
as agreed to by both Parties,reduced to writing and executed with the same formalities,
including posting on the County website,as are required for the execution of this Agreement.
16.Compliance with Laws.The Parties shall comply with all applicable federal,state
and local laws,rules,and regulations in performing this Agreement.
17.Nonassignment.The City shall not subcontract or assign any of its rights,duties or
obligations under this Agreement without the prior express written consent of the County.
18.Governing Law and Venue.This Agreement shall be governed by the laws of the
State of Washington.Any lawsuit regarding this Agreement must be brought in Snohomish
County,Washington.
19.Authority.Each Party represents that it has full and sufficient authority to execute
this Agreement on its behalf and that,upon its execution and posting pursuant to Section 26
hereof,this Agreement shall constitute a binding obligation of the County or the City,as the case
may be.
20.Conflicts Between Attachments and Text.Should any conflicts exist between any
attached exhibit or schedule and the text of this Agreement,the text shall prevail.
21.Severability.Should any clause,phrase,sentence or paragraph of this Agreement
be declared invalid or void,the remaining provisions of this Agreement shall remain in full force
and effect.
22.Liability;No Third Party Beneficiaries.No liability shall attach to any of the
Parties by reason of entering into this Agreement except as expressly provided herein.None of
the Parties to this Agreement assume any duty to any third party.
23.Complete Agreement.This Agreement constitutes the entire understanding of the
Parties on the subjects hereof.Any written or verbal agreements not set forth hcrein or
incorporated herein by reference are expressly excluded.
24.Counterparts. This Agreement may be simultaneously executed in several
counterparts,each of which shall be an original and all of which shall constitute but one and the
same instrument.
25.Ratification.Acts taken in conformity with this Agreement but prior to its
execution are hereby ratified and confirmed.
26.Website Posting.Upon execution,this Agreement shall be returned to the Clerk
of the Snohomish County Council,who shall cause a fully executed original of this Agreement to
be posted on the County website pursuant to RCW 39.34.040.The Clerk of the Snohomish
County Council shall thereafter distribute duplicated conformed copies orthe Agreement to each
orthe Parties hereto.
SNOHOMISH COUNTY:
/"'-"Co""~RY HAAKENSON
Deputy County Executive
Approved as to insurance provisions only:
Approved as to form only:
CITY OF MARYSVILLE:
~za::;,-;
Approved as to form on Iy:
G.Sivley
Deputy Prosecuting Attorney
12/21/2012
Date