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HomeMy WebLinkAbout0962 - Snohomish County - Agreement - Fire Investigation ServicesAGREEMENT NOW, THEREFORE, in consideration of the respective agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the County agree as follows: Section 1. EXTENSION OF TERM The County and City agree that the term specified in Section 9 of the Original Agreement shall be extended by five (5) years and remain in effect until December 31, 2024. Section 2. ADOPTION OF NEW FEE SCHEDULE The County and City agree to adopt a new fee schedule as provided: JFire Investigation Services Rate Per Hour $J 12020 2021 2022 2023 2024j $103.00 $106.00 $109.00 $112.00 $120.00 Section 3. CHANGE ENTITY TO REGIONAL FIRE AUTHORITY Section 1.1 of the Original Agreement is amended to read as follows: The City's requests for Fire Investigation Services (as such term is defined in Section 1.2 below) will be made by the Fire Marshal, Fire Chief, the Marysville Fire District, an entity created ey interlocal agreement between regional fire protection service authority (RFA) approved by the voters of Snohomish County Fire Protection District 12 and the City of Marysville, or any fire command officer. The term "fire command officer" means the Marysville Fire District. The request for Office of the County Fire Marshal ("OCFM") Fire Investigation Services will be made through Snohomish County 911 (SN0911) SMOPAC Dispatch Center. The parties understand and agree that the County's ability to perform Fire Investigation Services pursuant to this Agreement may be limited, delayed, or otherwise impacted by the availability of OCFM personnel. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT BETWEEN MARYSVILLE AND SNOHOMISH COUNTY RE: FIRE INVESTIGATION SERVICES Se cti on 4. CHANGE TO INSURANCE STATUS Section 4.2 of th e Original Agreement is amended to read as follows: The City is part of a Publi c Entity insuran ce pool sanctio ned by the VVashington State Office of Financial Management Risk Management Division and it will provide a letter signed and executed by an authorized agent indicating the City's particip ation in said pool self-i nsures its common la w an d assumed liabil it y for bodily injury and /o r property d a mage to third pa rti es. Th e City m aintains a fu lly-fund ed se lf - ins urance progra m for the protection and handling of the City's liabilities, including injuries to persons and damage to property. Th e self-fu nded program will resp ond if an incide nt occurs involving neglig ence o f City employees acting in the scope of their e mpl oyment. Th e City w ill provide a lett er of se lf-insura nce signed and executed by an authorized agent. Section 5. RATIFICATION Except as modified by this Amendment , the Original Agreemen t shal l rem ain in force and effect in accordance with its terms and is hereby ratified and affirmed. Section 6. EXECUTION IN COUNTERPARTS T his Amendme nt may be exec uted in counter parts , each of whic h shall be an original and all of wh ich shall cons titute one and the same instrument. IN WI TNE SS WHEREOF , th e County and City have exec ut ed this Amendment as of the day and year first w ritt en above. CI TY OF MARYSV ILLE By 4h Name : J<jnNeh(g Titl e: <fViayor SN~HCOUNTY By .• WW Name:.&fI:C4AE~ J.A'C.J.Ny ~ B.Yr Ti tle: Dire ctor, Department of Planning And De velopment Services Approved as to form : ~Cou~ Prosecutor's Office ~~ IC(Z,Vfc 7 AMENDMENT NO . 1 TO THE INTERLOCAL AGREEMENT BETWEEN MARYSVILLE AND SNO HOMISH COUNTY RE : FIRE IN V ES TI GAT ION SER V ICES INTERLOCAL AGREE M ENT BETWEE N TH E C ITY OF MARYS VI LLE A ND S NOHOMIS H COUNTY CON CE RNI NG P R OVI S IO N OF FIRE INVESTIGAT IO N SERVI CES THIS INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIR E ~VE STIGATION SERVICES (this "Agreement") is made and entered into as of thi Soc' f aay of ~ , 20_.!f , by and between Snohomish County, a political subdivision of the State of Wa~hington (the "County"), and the City of Marysville, a Washington municipal corporation (the "City"). REC ITALS A. The County and City have adopted the International Fire Code (the "IFC") for use within their respective jurisdictions in compliance with chapter 19.27 RCW. B. The IFC requires local jurisdictions, including the County and City, to investigate the origin, cause , and circumstances of fire events occurring within their respective jurisdictions and document those findings in a report authored by a qualified fire investigator. C. The City occasionally does not have qualified personnel available to perform the investigative functions required by the IFC, due to the simultaneous occurrence of multiple fire events, staffing fluctuations and/or other reasons . The City, in such event, desires to engage the County to perform the required investigative functions and the County is willing to perform such investigative functions, pursuant to the terms and conditions contained in this Agreement. D. In certain circumstances, either the City or the County have qualified personnel available to perform some or all of the investigative functions required by the IFC, but may desire mutual aid assistance in performing those functions. In the event that either party desires mutual aid assistance in performing the investigative functions required by the IFC, the other party is willing to provide such assistance, pursuant to the terms and conditions contained in this Agreement. E . This Agreement is made pursuant to the authority granted by the lnterlocal Cooperation Act, chapter 39.34 RCW , RCW 19.27 .110 and RCW 43.44 .050 . [The remainder of this page is intentionally left blank.] INT ERLOCAL AGREEMENT B ETWEEN T HE CITY OF MARYSVILLE AND SNOHOM I SH COUNTY CONCERNING PROVISION OF FIRE INVES TIGATION SERVICE S -Page 1 ORIGINAL AGREEMENT NOW, THEREFORE, in consideration of the respective agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the County agree as follows: Section 1. SCOPE OF SERVICES FOR FIRE INVESTIGATION 1.1 The City's requests for Fire Investigation Services (as such term is defined in Section 1.2 below) will be made by the Fire Marshal, Fire Chief, the Marysville Fire District, an entity created by interlocal agreement between Snohomish County Fire Protection District 12 and the City of Marysville, or any fire command officer. The term "fire command officer" means the Marysville Fire District. The request for Office of the County Fire Marshal ("OCFM") Fire Investigation Services will be made through SNOPAC Dispatch Center. The parties understand and agree that the County's ability to perform Fire Investigation Services pursuant to this Agreement may be limited, delayed, or otherwise impacted by the availability of OCFM personnel. 1.2 The term "Fire Investigation Services," as used in this Agreement, shall include, by way of example but not by way of limitation, the following types of services: (i) acting as the on-scene agency in charge of the investigation; (ii) origin and cause determination; (iii) documenting and recording the scene; (iv) identification, collection, and preservation of evidence; (v) witness interviewing; (vi) assisting local law enforcement; (vii) preparation of initial and follow-up reports; and (viii) court appearances. 1.3 Both parties understand and agree that the OCFM fire investigators who provide Fire Investigation Services to the City pursuant to this Agreement shall at all times be acting in their official capacities as employees of Snohomish County. The OCFM fire investigators shall at all times be an agent or employee of the County and shall not be considered for any purpose to be an agent or employee of the City in providing Fire Investigation Services to the City pursuant to this Agreement. 1.4 The scope of the Fire Investigation Services to be rendered upon any specific request shall be determined by mutual agreement on a case-by-case basis; provided, however, that in all instances the performance of Fire Investigation Services by OCFM personnel shall include (i) acting as the on-scene agency in charge of the investigation, and (ii) preparing the initial and follow-up reports. · 1.5 The City and OCFM personnel shall work cooperatively in any fire investigation conducted pursuant to this Agreement. The City and OCFM shall furnish to the other party any information, personnel or other material available that may be needed in the course of performing Fire Investigation Services pursuant to this Agreement. INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES -Page 2 1.6 The City hereby authorizes said OCFM personnel to investigate fires for origin and cause, and perform, within the City's jurisdictional boundaries all other Fire Investigation Services that the City has expressly requested or that are incidental to the performance of the Fire Investigation Services the City has expressly requested. Section 2. COMPENSATION 2.1 The City shall pay the County for Fire Investigation Services provided pursuant to Section 1 of this Agreement on an hourly basis in accordance with the rate schedule in Appendix A. 2.2 County staff time will be billed in one-tenth hour increments. 2.3 The OCFM agrees to provide the City with a written invoice for Fire Investigation Services rendered pursuant to this Agreement no later than 90 days after the date on which the services were rendered. 2.4 The City agrees to remit payment in full within 30 days of receipt of an OCFM invoice. The payment shall be made to the OCFM. 2.5 The County will maintain all records reflecting fees and costs billed to the City. 2.6 All billing invoices and payments shall be delivered to the following: County: City: Snohomish County Planning and Development Services, Accounting M/S 604, 3000 Rockefeller Ave. Everett, WA 98201-4046 Marysville Fire District, Billing Department 1094 Cedar Ave Marysville, WA 98270-4301 INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES -Page 3 Section 3. SCOPE OF MUTUAL AID FIRE INVESTIGATION ASSISTANCE 3.1 The parties hereby establish a mutual aid program pursuant to which either party may assist the other party with the performance of Fire Investigation Services ("Investigation Assistance") at no charge. 3.2 Investigation Assistance may include, by way of example and not by way of limitation, any one or more of the following types of activities: (i) assisting with the determination of origin and cause; (ii) assisting with documentation of the scene; (iii) assisting with witness interviews; and/or (iv) assisting with any of the other investigative functions required by the IFC. Provided, however, that in no event shall Investigation Assistance include either of the following activities: (a) acting as the on-scene commander in charge of the investigation; or (b) preparing initial or follow-up reports (except for those reports documenting first hand observations and conclusions not otherwise available to the Requesting Party). 3.3 Should either the City or the County desire Investigation Assistance from the other party, the party desiring Investigation Assistance (the "Requesting Party") may request Investigation Assistance from the other party (the "Responding Party") through the SnoCom Dispatch Center or the SNOPAC Dispatch Center, as appropriate. 3.4 If the Responding Party has sufficient resources available to provide the requested Investigation Assistance to the Requesting Party, the Responding Party shall send the relevant personnel and/or equipment to the specified fire event site. 3.5 If a Responding Party does not, in its good-faith, business judgment, believe that it has sufficient resources available to provide the requested Investigation Assistance, the Responding Party shall so inform the Requesting Party and the Responding Party shall thereafter have no further obligations with respect to that request for assistance. 3.6 The Requesting Party shall at all times be in charge of the fire event scene, and any personnel from the Responding Party who provide Investigation Assistance to the Requesting Party shall take direction from the Fire Chief or designee or Fire Marshal of the Requesting Party, as applicable. 3.7 Personnel providing Investigation Assistance pursuant to this Section 3 are acting in their official capacity as employees of their respective jurisdictions. INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES -Page 4 3.8 Notwithstanding, anything to the contrary contained elsewhere in this Section 3, the County and City each understand and agree that each party's primary responsibility is to its own citizens and/or constituents, and that such responsibility takes precedence over any commitment made to the other party pursuant to this Section 3. Accordingly, neither party to this Agreement shall be required to provide Investigation Assistance to the other party if such party has a good-faith belief that it needs some or all of the resources at issue for its own use. Section 4. INSURANCE REQUIREMENTS 4.1 Each party shall maintain and provide evidence to the other of insurance or self- insurance adequate to cover its liability obligations under this Agreement and/or arising out of each party's activities hereunder. 4.2 The City is part of a Public Entity insurance pool sanctioned by the Washington State Office of Financial Management Risk Management Division and it will provide a letter signed and executed by an authorized agent indicating the City's participation in said pool. 4.3 The County self-insures its common law and assumed liability for bodily injury and/or property damage to third parties. The County maintains a fully-funded self- insurance program as defined in Snohomish County Code 2.90 for the protection and handling of the County's liabilities, including injuries to persons and damage to property. The self-funded program will respond if an incident occurs involving negligence of County employees acting in the scope of their employment. The County will provide a letter of self-insurance signed and executed by an authorized agent. Section 5. INDEMNIFICATION AND LIABILITY 5.1 City Held Harmless. The County shall indemnify and hold harmless the City and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the County, its officers, agents, and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any such suit based upon such a claim, action, loss, or damages is brought against the City, the County shall defend the same at its sole cost and expense; provided that the City reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against the City, and its officers, agents, and employees, or any of INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES -Page 5 them, or jointly against the City and the County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. 5.2 County Held Harmless. The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damages is brought against the County, the City shall defend the same at its sole cost and expense; provided that the County reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the County, and its officers, agents, and employees, or any of them, or jointly against the County and the City and their respective officers, agents, and employees, or any of them, the City shall satisfy the same. 5.3 Liability Related to City Ordinances, Policies, Rules and Regulations. In executing this agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, policies, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, policy, rule or regulation is at issue, the City shall defend the same at its sole expense and, if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and reasonable attorney's fees. 5.4 Waiver under Washington Industrial Insurance Act. The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. Section 6. GOVERNING LAW AND VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The venue of any action arising out of this Agreement shall be in the Superior Court of the State of Washington, in and for Snohomish County. !NTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGA T!ON SERVICES -Page 6 Section 7. COMPLIANCE WITH LAW Both parties shall comply with all applicable federal, state and local laws in the performance of this Agreement. Section 8. PROPERTY Except as expressly provided to the contrary elsewhere in this Agreement, any real or personal property used or acquired by either party in connection with the performance of this Agreement will remain the sole property of such party and the other party shall have no interest therein. Section 9. DURATION AND TERMINATION 9.1 This Agreement will become effective upon execution by the parties and being posted on the Snohomish County Council website pursuant to the lnterlocal Cooperation Act, RCW 39.34.040. This Agreement shall remain in effect until December 31, 2019, unless the parties renew or amend the Agreement in accordance with the terms of Section 10. Changes to Appendix A are subject to Section 14 below. 9.2 Either party may terminate this Agreement, for any reason, upon providing thirty (30) days written notice to the other party. In that event, the City shall pay the County for all Fire Investigation Services provided up to and including the date of termination in accordance with Section 2. 9.3 The terms and conditions contained in Sections 2 and 5 of this Agreement shall survive the expiration or termination of this Agreement. Section 10. AMENDMENT AND/OR RENEWAL 10.1 The Director of the County's Department of Planning and Development Service (the "Director") shall have the authority to amend and/or renew this Agreement on behalf of the County to the extent and under the circumstances described in this Section 10, without the need to obtain additional approvals from the County Council or the County Executive. 10.2 The Director shall have the authority to extend the term one or more times, for a total extension period not to exceed ten (10) years. 10.3 If both parties wish to renew the Agreement, negotiations of the hourly compensation rates of Appendix A must be completed 45 days prior to expiration INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES -Page 7 of the Agreement or any amendment thereto. Changes to Appendix A are subject to Section 14 below. 10.4 In order to be effective, any renewal or amendment of this Agreement must be memorialized in writing, executed by both parties, and posted on the Snohomish County Council web site pursuant to RCW 39.34.040. A sample form of amendment is attached to this Agreement as Appendix B. Section 11. NOTICES All notices, including requests to terminate the Agreement, shall be delivered to the following: County: City: Snohomish County Planning and Development Services, Director 3000 Rockefeller Avenue M/S 604 Everett, WA 98201-4046 Marysville Fire District 1094 Cedar Avenue Marysville, WA 98270-4234 Section 12. DESIGNATION OF ADMINISTRATOR The Director of the Department of Planning and Development Services or his/her designee is the County's administrator of this Agreement for purposes of the lnterlocal Cooperation Act. The City's Fire Chief or his/her designee is the City's administrator of this Agreement for purposes of the lnterlocal Cooperation Act. Section 13. NO WAIVER No term or provision in this Agreement shall be waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Section 14. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof, and supersedes any and all prior oral or written agreements between the parties regarding the subject matter contained herein. This Agreement may not be modified or amended in any manner except by a written document signed by the party against whom such modification is sought to be enforced. INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES -Page 8 Section 15. PRIVILEGES AND IMMUNITIES All privileges and immunities from liability, exemption from ordinances, rules, laws, all pension, disability, workers compensation, and other benefits which apply to the activities of the OCFM fire investigators while performing their functions within the territorial limits of Snohomish County shall apply to OCFM fire investigators to the same degree and extent while they are engaged in the performance of any of their authorized functions and duties within the City under the provisions of this Agreement. Section 16. NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE This Agreement is for the sole benefit of the parties hereto and shall not confer third- party beneficiary status on any non-party to this Agreement. Nothing contained in this Agreement shall be construed as creating any type or manner of partnership, joint venture, or other joint enterprise between the parties. Section 17. CONTINGENCY The obligations of the City and County in this Agreement are contingent on the availability of funds through local legislative appropriation and allocation in accordance with law. If funding is withdrawn, reduced, or limited in any way after the effective date of this Agreement, either party may terminate the contract under Section 8 of this Agreement. Section 18. SEVERABILITY If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead continue in full force and effect to the extent permitted by law. Section 19. RECORDS Both parties shall maintain adequate records to document obligations performed under this Agreement. Both parties shall have the right to review the other party's records with regard to the subject matter of this Agreement, upon reasonable notice. Fire investigation records shall belong to the County. The County will provide copies to the City within 30 days of the completion of the investigation. !NTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES -Page 9 IN WITN ESS WHEREOF , the parties have signed th is Agreement , effective on the date indicated below . CITY OF MARYSVILLE By: Date : 1/a1 /1L{ Atte;~: c4}o~ Approved a s to form: City's Attorney ~ wt-y_ INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY By ~ Jo?f1C> ~Y Execu tive Date : /k ?fr ~6 -~ Approved as to form : Snohomi s h County Prose cutor's Office .a,,4. H o f::, J"};cbrf; {/ J Z//Z, THE C ITY O F MARYSVILLE AND SNOHOM ISH COUNT Y CONCERN ING PROV IS ION O F FI RE INVESTI GATI ON SERVICES -Page 10 APPENDIX A FEE SCHEDULE/HOURLY RATE 11.A Fire Investigation Services Rate Per Hour $I 12014 2015 2016 2017 2018 20191 $86.00 $88.00 $91.00 $94.00 $97.00 $100.00 INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES -Page 11 APPENDIX B Sample Form of Amendment AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES THIS AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES (this "Amendment") is made and entered into as of this_ day of , 20_, by and between Snohomish County, a political subdivision of the State of Washington (the "County"), and the City of Marysville, a Washington municipal corporation (the "City"). RECITALS A. The County and City are parties to the "lnterlocal Agreement Between the City of Marysville and Snohomish County Concerning Provision of Fire Investigation Services" executed on , 20_ (the "Original Agreement). B. Pursuant to Section 10 of the Original Agreement, the Director of the County's Department of Planning and Development Services has authority to execute an amendment to the Original Agreement to the extent and under the circumstances more fully described herein. C. The County and City now desire to amend the Original Agreement to extend the Term [INSERT REASON]. D. The County and City now desire to amend the Original Agreement to adopt a new fee schedule due to [INSERT REASON]. E. [INSERT ANY OTHER PERTINENT RECITALS.] INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES -Page I2 AGREEMENT NOW, THEREFORE, in consideration of the respective agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the County agree as follows: Section 1. EXTENSION OF TERM The County and City agree that the Term specified in Section 9 of the Original Agreement shall be extended by [INSERT AMOUNT OF TIME]. The new Expiration Date of the Agreement is [INSERT NEW EXPIRATION DATE]. Section 2. ADOPTION OF NEW FEE SCHEDULE The County and City agree to adopt a new fee schedule as provided herein: [INSERT NEW FEE SCHEDULE/HOURLY RATE] Section 3. RATIFICATION Except as modified by this Amendment, the Original Agreement shall remain in force and effect in accordance with its terms and is hereby ratified and affirmed. Section 4. EXECUTION IN COUNTERPARTS This Amendment may be executed in counter parts, each of which shall be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the County and City have executed this Amendment as of the day and year first written above. CITY OF MARYSVILLE INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY By: ~~~~~~~~~~ Name: ~~~~~~~----,--,-.,-~ Title: Director, Department of Planning And Development Services THE CITY OF MAR YSV!LLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES -Page 13 ,, INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES THIS INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES (this "Agreement") is made and entered into as of th is c;n day of Jc..-iiu-M.j , 20_.Ji., by and between Snohomish County , a political subdivision of the State of Washington (the "County"), and the City of Marysville , a Washington municipal corporation (the "City"). RECITALS A The County and City have adopted the Internat ional Fire Code (the "IFC ") for use within their respective jurisdictions in compliance with chapter 19.27 RCW. B. The IFC requires local jurisdictions , including the County and C ity, to investigate the origin, cause , and circumstances of fire events occurring w ithin the ir respective jurisdictions and document those findings in a report autho red by a qua li fied fire investigator. C. The City occasionally does not have qualified personnel av ailable to perform the investigative functions required by the IFC, due to the s imu ltaneous occurrence of multiple fire events , staffing fluctuations and /or other reasons . The City, in such event, desires to engage the County to perform the required investiga t ive fu nct ions and the County is willing to perform such investigative funct ions , pursuant to the te rms and conditions contained in this Agreement. D. In certain circumstances , either the City or the County have qualified personnel available to perform some or all of the investigative functions req uired by the IFC, but may desire mutual aid assistance in performing those functions . In the event that either party desires mutual aid assistance in performing the investigative functions required by the IFC , the other party is willing to provide such assistance , pursuant to t he terms and conditions contained in this Agreement. E. This Agreement is made pursuant to the authorit y grant ed by the lnterlocal Cooperation Act, chapter 39.34 RCW, RCW 19.27.110 and RCW 43.44 .050. [The remainder of this page is intentionally le ft blank.] INTERLOCAL AGREEMENT BETWEEN THE C ITY OF MARYSV ILLE AND SNOHOMISH COUNTY CONCERNING PR OVISION OF FIRE INVESTIGATION SERVICE S -Page I AGREEMENT NOW, THEREFORE, in consideration of the respective agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the County agree as follows: Section 1. SCOPE OF SERVICES FOR FIRE INVESTIGATION 1.1 The City's requests for Fire Investigation Services (as such term is defined in Section 1.2 below) will be made by the Fire Marshal, Fire Chief, the Marysville Fire District, an entity created by interlocal agreement between Snohomish County Fire Protection District 12 and the City of Marysville, or any fire command officer. The term "fire command officer" means the Marysville Fire District. The request for Office of the County Fire Marshal ("OCFM") Fire Investigation Services will be made through SNOPAC Dispatch Center. The parties understand and agree that the County's ability to perform Fire Investigation Services pursuant to this Agreement may be limited, delayed, or otherwise impacted by the availability of OCFM personnel. 1.2 The term "Fire Investigation Services," as used in this Agreement, shall include, by way of example but not by way of limitation, the following types of services: (i) acting as the on-scene agency in charge of the investigation; (ii) origin and cause determination; (iii) documenting and recording the scene; (iv) identification, collection, and preservation of evidence; (v) witness interviewing; (vi) assisting local law enforcement; (vii) preparation of initial and follow-up reports; and (viii) court appearances. 1.3 Both parties understand and agree that the OCFM fire investigators who provide Fire Investigation Services to the City pursuant to this Agreement shall at all times be acting in their official capacities as employees of Snohomish County. The OCFM fire investigators shall at all times be an agent or employee of the County and shall not be considered for any purpose to be an agent or employee of the City in providing Fire Investigation Services to the City pursuant to this Agreement. 1.4 The scope of the Fire Investigation Services to be rendered upon any specific request shall be determined by mutual agreement on a case-by-case basis; provided, however, that in all instances the performance of Fire Investigation Services by OCFM personnel shall include (i) acting as the on-scene agency in charge of the investigation, and (ii) preparing the initial and follow-up reports. · 1.5 The City and OCFM personnel shall work cooperatively in any fire investigation conducted pursuant to this Agreement. The City and OCFM shall furnish to the other party any information, personnel or other material available that may be needed in the course of performing Fire Investigation Services pursuant to this Agreement. JNTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES -Page 2 1.6 The City hereby authorizes said OCFM personnel to investigate fires for origin and cause, and perform, within the City's jurisdictional boundaries all other Fire Investigation Services that the City has expressly requested or that are incidental to the performance of the Fire Investigation Services the City has expressly requested. Section 2. COMPENSATION 2.1 The City shall pay the County for Fire Investigation Services provided pursuant to Section 1 of this Agreement on an hourly basis in accordance with the rate schedule in Appendix A 2.2 County staff time will be billed in one-tenth hour increments. 2.3 · The OCFM agrees to provide the City with a written invoice for Fire Investigation Services rendered pursuant to this Agreement no later than 90 days after the date on which the services were rendered. 2.4 The City agrees to remit payment in full within 30 days of receipt of an OCFM invoice. The payment shall be made to the OCFM. 2.5 The County will maintain all records reflecting fees and costs billed to the City. 2.6 All billing invoices and payments shall be delivered to the following: County: City: Snohomish County Planning and Development Services, Accounting MIS 604, 3000 Rockefeller Ave. Everett, WA 98201-4046 Marysville Fire District, Billing Department 1094 Cedar Ave Marysville, WA 98270-4301 INTERLOCAL AGREEMENT BETWEEN · THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES -Page 3 Section 3. SCOPE OF MUTUAL AID FIRE INVESTIGATION ASSISTANCE 3.1 The parties hereby establish a mutual aid program pursuant to which either party may assist the other party with the performance of Fire Investigation Services ("Investigation Assistance") at no charge. 3.2 Investigation Assistance may include, by way of example and not by way of limitation, any one or more of the following types of activities: (i) assisting with the determination of origin and cause; (ii) assisting with documentation of the scene; (iii) assisting with witness interviews; and/or (iv) assisting with any of the other investigative functions required by the IFC. Provided, however, that in no event shall Investigation Assistance include either of the following activities: (a) acting as the on-scene commander in charge of the investigation; or (b) preparing initial or follow-up reports (except for those reports documenting first hand observations and conclusions not otherwise available to the Requesting Party). 3.3 Should either the City or the County desire Investigation Assistance from the other party, the party desiring Investigation Assistance (the "Requesting Party") may request Investigation Assistance from the other party (the "Responding Party") through the SnoCom Dispatch Center or the SNOPAC Dispatch Center, as appropriate. 3.4 If the Responding Party has sufficient resources available to provide the requested Investigation Assistance to the Requesting Party, the Responding Party shall send the relevant personnel and/or equipment to the specified fire event site. 3.5 If a Responding Party does not, in its good-faith, business judgment, believe that it has sufficient resources available to provide the requested Investigation Assistance, the Responding Party shall so inform the Requesting Party and the Responding Party shall thereafter have no further obligations with respect to that request for assistance. 3.6 The Requesting Party shall at all times be in charge of the fire event scene, and any personnel from the Responding Party who provide Investigation Assistance to the Requesting Party shall take direction from the Fire Chief or designee or Fire Marshal of the Requesting Party, as applicable. 3.7 Personnel providing Investigation Assistance pursuant to this Section 3 are acting in their official capacity as employees of their respective jurisdictions. INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES -Page 4 3.8 Notwithstanding, anything to the contrary contained elsewhere in this Section 3, the County and City each understand and agree that each party's primary responsibility is to its own citizens and/or constituents, and that such responsibility takes precedence over any commitment made to the other party pursuant to this Section 3. Accordingly, neither party to this Agreement shall be required to provide Investigation Assistance to the other party if such party has a good-faith belief that it needs some or all of the resources at issue for its own use. Section 4. INSURANCE REQUIREMENTS 4.1 Each party shall maintain and provide evidence to the other of insurance or self- insurance adequate to cover its liability obligations under this Agreement and/or arising out of each party's activities hereunder. 4.2 The City is part of a Public Entity insurance pool sanctioned by the Washington State Office of Financial Management Risk Management Division and it will provide a letter signed and executed by an authorized agent indicating the City's participation in said pool. 4.3 The County self-insures its common law and assumed liability for bodily injury and/or property damage to third parties. The County maintains a fully-funded self- insurance program as defined in Snohomish County Code 2.90 for the protection and handling of the County's liabilities, including injuries to persons and damage to property. The self-funded program will respond if an incident occurs involving negligence of County employees acting in the scope of their employment. The County will provide a letter of self-insurance signed and executed by an authorized agent. Section 5. INDEMNIFICATION AND LIABILITY 5.1 City Held Harmless. The County shall indemnify and hold harmless the City and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the County, its officers, agents, and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any such suit based upon such a claim, action, loss, or damages is brought against the City, the County shall defend the same at its sole cost and expense; provided that the City reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against the City, and its officers, agents, and employees, or any of INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES -Page 5 them, or jointly against the City and the County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. 5.2 County Held Harmless. The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damages is brought against the County, the City shall defend the same at its sole cost and expense; provided that the County reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the County, and its officers, agents, and employees, or any of them, or jointly against the County and the City and their respective officers, agents, and employees, or any of them, the City shall satisfy the same. 5.3 Liability Related to City Ordinances, Policies, Rules and Regulations. In executing this agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, policies, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, policy, rule or regulation is at issue, the City shall defend the same at its sole expense and, if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and reasonable attorney's fees. 5.4 Waiver under Washington Industrial Insurance Act. The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. Section 6. GOVERNING LAW AND VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The venue of any action arising out of this Agreement shall be in the Superior Court of the State of Washington, in and for Snohomish County. INTERLOCALAGREEMENTBETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES -Page 6 Section 7. COMPLIANCE WITH LAW Both parties shall comply with all applicable federal, state and local laws in the performance of this Agreement. Section 8. PROPERTY Except as expressly provided to the contrary elsewhere in this Agreement, any real or personal property used or acquired by either party in connection with the performance of this Agreement will remain the sole property of such party and the other party shall have no interest therein. Section 9. DURATION AND TERMINATION 9.1 This Agreement will become effective upon execution by the parties and being posted on the Snohomish County Council website pursuant to the lnterlocal Cooperation Act, RCW 39.34.040. This Agreement shall remain in effect until December 31, 2018, unless the parties renew or amend the Agreement in accordance with the terms of Section 10. Changes to Appendix A are subject to Section 14 below. 9.2 Either party may terminate this Agreement, for any reason, upon providing thirty (30) days written notice to the other party. In that event, the City shall pay the County for all Fire Investigation Services provided up to and including the date of termination in accordance with Section 2. 9.3 The terms and conditions contained in Sections 2 and 5 of this Agreement shall survive the expiration or termination of this Agreement. Section 10. AMENDMENT AND/OR RENEWAL 10.1 The Director of the County's Department of Planning and Development Service (the "Director") shall have the authority to amend and/or renew this Agreement on behalf of the County to the extent and under the circumstances described in this Section 10, without the need to obtain additional approvals from the County Council or the County Executive. 10.2 The Director shall have the authority to extend the term one or more times, for a total extension period not to exceed ten (10) years. 10.3 If both parties wish to renew the Agreement, negotiations of the hourly compensation rates of Appendix A must be completed 45 days prior to expiration INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES -Page 7 of the Agreement or any amendment thereto. Changes to Appendix A are subject to Section 14 below. 10.4 In order to .be effective, any renewal or amendment of this Agreement must be memorialized in writing, executed by both parties, and posted on the Snohomish County Council web site pursuant to RCW 39.34.040. A sample form of amendment is attached to this Agreement as Appendix B. Section 11. NOTICES All notices, including requests to terminate the Agreement, shall be delivered to the following: County: City: Snohomish County Planning and Development Services, Director 3000 Rockefeller Avenue MIS 604 Everett, WA 98201-4046 Marysville Fire District 1094 Cedar Avenue Marysville, WA 98270-4234 Section 12. DESIGNATION OF ADMINISTRATOR The Director of the Department of Planning and Development Services or his/her designee is the County's administrator of this Agreement for purposes of the lnterlocal Cooperation Act. The City's Fire Chief or his/her designee is the City's administrator of this Agreement for purposes of the lnterlocal Cooperation Act. Section 13. NO WAIVER No term or provision in this Agreement shall be waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Section 14. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof, and supersedes any and all prior oral or written agreements ·between the parties regarding the subject matter contained herein. This Agreement may not be modified or amended in any manner except by a written document signed by the party against whom such modification is sought to be enforced. INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES -Page 8 Section 15. PRIVILEGES AND IMMUNITIES All privileges and immunities from liability, exemption from ordinances, rules, laws, all pension, disability, workers compensation, and other benefits which apply to the activities of the OCFM fire investigators while performing their functions within the territorial limits of Snohomish County shall apply to OCFM fire investigators to the same degree and extent while they are engaged in the performance of any of their authorized functions and duties within the City under the provisions of this Agreement. Section 16. NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE This Agreement is for the sole benefit of the parties hereto and shall not confer third- party beneficiary status on any non-party to this Agreement. Nothing contained in this Agreement shall be construed as creating any type or manner of partnership, joint venture, or other joint enterprise between the parties. Section 17. CONTINGENCY The obligations of the City and County in this Agreement are contingent on the availability of funds through local legislative appropriation and allocation in accordance with law. If funding is withdrawn, reduced, or limited in any way after the effective date of this Agreement, either party may terminate the contract under Section 8 of this Agreement. Section 18. SEVERABILITY If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead continue in full force and effect to the extent permitted by law. Section 19. RECORDS Both parties shall maintain adequate records to document obligations performed under this Agreement. Both parties shall have the right to review the other party's records with regard to the subject matter of this Agreement, upon reasonable notice. Fire investigation records shall belong to the County. The County will provide copies to the City within 30 days of the completion of the investigation. INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES -Page 9 IN WITNESS WHEREOF, the parties have signed this Agreement, effective on the date indicated below. CITY OF MARYSVILLE SNOHOMISH COUNTY By: ~Jo~h-n~L-o-v~1c~k-, C~ou-n~ty-E-xe_c_u~t1~ve Date: 1/a7 jy ~--<1~~~L~~~~~ Attest: Approved as to form: Approved as to form: City's Attorney (°) MkvA: r~ CiQvRY Snohomish County Prosecutor's Office d!._, . .., ~ /t/Zj1z, I INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES -Page IO APPENDIX A FEE SCHEDULE/HOURLY RATE 11.A Fire Investigation Services .Rate Per Hour $I 12014 2015 2016 2017 2018 20191 $86.00 $88.00 $91.00 $94.00 $97.00 $100.00 INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES -Page 11 APPENDIX B Sample Form of Amendment AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES THIS AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES (this "Amendment") is made and entered into as of this_ day of , 20_, by and between Snohomish County, a political subdivision of the State of Washington (the "County"), and the City of Marysville, a Washington municipal corporation (the "City"). RECITALS A. The County and City are parties to the "lnterlocal Agreement Between the City of Marysville and Snohomish County Concerning Provision of Fire Investigation Services" executed on , 20_ (the "Original Agreement). B. Pursuant to Section 10 of the Original Agreement, the Director of the County's Department of Planning and Development Services has authority to execute an amendment to the Original Agreement to the extent and under the circumstances more fully described herein. C. The County and City now desire to amend the Original Agreement to extend the Term [INSERT REASON]. D. The County and City now desire to amend the Original Agreement to adopt a new fee schedule due to [INSERT REASON]. E. [INSERT ANY OTHER PERTINENT RECITALS.] INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES -Page 12 AGREEMENT NOW, THEREFORE, in consideration of the respective agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the County agree as follows: Section 1. EXTENSION OF TERM The County and City agree that the Term specified in Section 9 of the Original Agreement shall be extended by [INSERT AMOUNT OF TIME]. The new Expiration Date of the Agreement is [INSERT NEW EXPIRATION DATE]. Section 2. ADOPTION OF NEW FEE SCHEDULE . The County and City agree to adopt a new fee schedule as provided herein: [INSERT NEW FEE SCHEDULE/HOURLY RATE] Section 3. RATIFICATION Except as modified by this Amendment, the Original Agreement shall remain in force and effect in accordance with its terms and is hereby ratified and affirmed. Section 4. EXECUTION IN COUNTERPARTS This Amendment may be executed in counter parts, each of which shall be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the County and City have executed this Amendment as of the day and year first written above. CITY OF MARYSVILLE !NTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY By: ~~~~~~~~~~ Name: ~~~~~~~~~~ Title: Director, Department of Planning And Development Services THE CITY OF MARYSVILLE AND SNOHOMISH COUNTY CONCERNING PROVISION OF FIRE INVESTIGATION SERVICES -Page 13