HomeMy WebLinkAboutInterlocal - Fire Dist 2INTERLOCAL AGREEMENT BETWEEN
KITTITAS COUNTY AND KITTITAS COUNTY FIRE PROTECTION DISTRICT NO. 2
(KITTITAS VALLEY FIRE RESCUE {KVFR}) FOR FIRE INVESTIGATION
SERVICES
This agreement is entered into between Kittitas County, a municipal corporation of the State of
Washington, (hereinafter the "County"), and Kittitas County Fire Protection District No. 2, a
political sr,rbdivision of the State of Washington and doing business as Kittitas Valley Fire &
Rescue, (hereinafter referred to as "KVFR").
WHEREAS, Chapter 39.34 of the Revised Code of Washington (RCW), the Interlocal
Cooperation Act, allows governmental agencies to enter into agreements that provide for
the efficient use of their powers and to cooperate with each other in providing services;
and
WHEREAS, the County needs support conducting Fire Investigation related services;
and
WHEREAS, KVFR has the institutional capacity and the employees with the experlise
to provide such support; and
WHEREAS, the County and KVFR find it desirable and in each other's best interest to
enter into this agreement;
NOW, THEREFORE, the County and KVFR agree as follows:
Purpose. The purpose of this Agreement is to authorize KVFR to provide Fire
Investigation related services for Kittitas County.
2. Scone o f Work.
2.1 KVFR will provide fire investigation services as requested. These services will be
performed by Capt. Joe Delvo, Firefighter/Paramedic Dan Johnson, or Deputy
Chief Elliott in that priority order.
2'2 KVFR will only provide the listed services when directed to do so by the Kittitas
County Fire Marshal, Deputy Fire Marshal, or their designee.
Duration. This Agreement shall remain in effect until 12131/22 unless terminated prior to
that date by either party as provided herein.
Termination. This Agreement may be terminated by either KVFR or Kittitas County
with 30 days written notice, or a shorter period if both sides agree. Neither party will be
penalized for severing the contract with notice.
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5 Contract Management. The Agreement administrator for each of the parlies shall be
responsible for and shall be the contact person for all communications and billings
regarding the performance of this Agreement.
The Agreement administrator for Kittitas County is: Darren Higashiyama, Chief
Deputy/Interim Fire Marshal. Kittitas County Sheriff s Office 307 W. Umptanum Rd,
Ellensburg, W A 98926. Telephone: 509-933 -8206.
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The Agreement administrator for KVFR is: John Sinclair, Fire Chief, 400 E. Mountain
View Avenue, Ellensburg, WA 98926. Telephone: 509-933-7235.
Palrment. Kittitas County will reimburse KVFR for actual time spent providing services
listed in Section 2 of this agreement utilizing the following rates:. $85.88 per hour for services covered under item 2.1 by Captain Joe Delvo. $79.95 per hour for services covered under item 2,1 by Firefighter/Paramedic Dan
Johnson
. $88.58 per liour for services covered uncier item 2.i by Deputy Chief Rich Eiiiotto Mileage of Staff vehicles will be tracked and billed according to Washington Fire
Chiefs Rates for Command Vehicles.
Billing Procedure. KVFR shall submit invoices on a monthly basis for services provided
Invoices are to be sent to: Kittitas county Auditor,205 w. 5tl'Avenue, Suite 105,
Ellensburg , W A 98926, Attn: Accounting. Payment to KVFR for approved and
completed work will be made within 30 days of receipt of the invoice. Upon expiration
of the Agreement, any claim for payment not already made shall be submitted within 30
days after the expiration date or the end of the fiscal year, whichever is earlier.
8. Force Maieure. Neither party will be liable to the other for any failure or delay in
performance under this Agreement due to circumstances beyond its reasonable control,
including acts of nature, acts of war, accident, labor disruption, acts, omissions or
defaults of third pafties, and official, governmental or judicial action not the fault of the
party failing or delaying in performance.
Maintenance of Records. Each party hereto agrees to maintain books, records and
documents using accounting procedures which accurately reflect all direct and indirect
costs related to the performance of services described herein. Each party may examine
the other party's books and records to verifu the accuracy of invoices. Each party's fiscal
management system shall include the capability to provide accurate and complete
disclosure of all costs invoiced under this Agreement. All books, records, documents and
other materials relevant to this agreement will be retained for six years after expiration of
the Agreement, and the Office of the State Auditor or other persons authorized by law
and any persons duly authorizedby the parties shall have full access and the right to
examine any of these materials during this period. Each party will utilize reasonable
security procedures and protections to assure that records and documents provided by the
other party are not erroneously disclosed to third parties.
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Hold Harrnless and Indemnification. Each Party shall hold harmless and indemnify the
other Party and its directors, officers, employees, agents and representatives against any
and all loss, liability, damage, or expense, including any direct, indirect or consequential
loss, liability, damage, or expense, but not including attorney's fees unless awarded by a
coltft of competent jurisdiction, for injr"rry or death to persons, including employees of
either Parly, and damage to properly. including property of either Party, arising out of or
in connection with intentional, willful, wanton, reckless or negligent condnct. However,
neither Party shall be indemnified hereunder for any loss, liability, damage or expense
resulting from its sole negligence or willful misconduct.
The waivers in this section have been mutually negotiated by the parties and this entire
section shall sr-rrvive the expiration or termination of this Agreement.
Warranty. Except as expressly stated herein, there are no express or implied warranties
respecting this Agreement or the services provided.
1) A cci This A-oreemenf nannnt he occi--o.l lrancfor.ral nr an\/ nnr-fi^^^r^r", ^6, vslrrrur uu oJJiSirvut aisiiJlvilLu ur oiri puitiiJii
subcontracted by either party hereto withor-rt the prior written consent of the other party,
which consent shall not be unreasonably withheld.
Administration of Agreement. There shall be no separate legal entity created by the
Agreement. This Agreement shall be administered jointly by the County or designee and
the KVFR or designee.
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t4 Property. The terms of this Agreement do not contemplate the acquisition of any real or
personal property. Unless otherwise specifically agreed by the parties in writing, all
property, personal and real, utilized by the parties hereto in the execution of this
Agreement shall remain the properly of that party initially owning it.
15. Comnliance with Laws . Each party hereto, in its performance of this Agreement, agrees
to comply with all applicable local, State, and Federal laws and ordinances.
16 Relationship of the Parties. No agent, employee or representative of KVFR shall be
deemed to be an agent, employee or representative of the County for any purpose, and the
employees of KVFR are not entitled to any of the benefits the County provides to County
employees. No agent, employee or representative of the County shall be deemed to be an
agent, employee or representative of KVFR for any purpose, and the employees of the
County are not entitled to any of the benefits KVFR provides to KVFR employees.
17 Disputes. In the event that a dispute arises under this Agreement, it shall be determined
by a majority vote of a three-member Dispute Resolution Board comprised of one
representative chosen by each of the parties hereto and a third chosen by the two selected
parties. If said determination is not acceptable to the parties, the parties are entitled to
utilize whatever remedies to which they may be entitled at law or in equity.
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18. Jr-rrisdiction Any legal dispute between the parlies to this Agreement shall be governed
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by the laws of the State of Washington, and any action to enforce this Agreement shall be
brought in Kittitas County, Washington.
Modification. The provisions of this Agreement may be modified or amended only by
written mutual written agreement of the parlies. executed by personnel authorized to bind
each of the parlies.
Waiver. A faih,rre by either parly to exercise its rights under this Agreement shall not
prech"rde that party from subsequent exercise of such rights and shall not constitute a
waiver of any other rights under this Agreement unless stated to be such in a writing
signed by an authorized representative of the party and attached to the original
Agreement.
2I Agreement Not For Benefit of Third Parties. This Agreement is entered into solely for the
benefit of the parties hereto and vests no rights in, or is it enforceable by, any third
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Severability. If any provision of this Agreement or any provision of any document
incorporated by reference shall be held invalid, such invalidity shall not affect the other
provisions of this Agreement which can be given effect without the invalid provision, if
such remainder conforms to the requirements of applicable law and the fundamental
purpose of this agreement, and to this end the provisions of this Agreement are declared
to be severable.
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Filine. This Agreement shall be filed or posted online as required by RCW 39.34.040
Effective Date. This agreement shall take effect when signed by the parties.
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d
duyDated this hn of )o))
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KITTITAS COUNTY FIRE DISTRICT #2
d.b.a. Kittitas Valley & Rescue
BOARD OF COUNTY COMMISSIONERS
Wash ington
r\L ^ :-utldll
Cory Wright, V nnan
Brett ith,lssloner
ATTEST:
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ATTEST:
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District Secretary
Date:
ftfitieKj'l Mandy
OTSV ik, Clerk of tlre Board
Buchholz, Deputy Clerk II
Date:
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