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Home My WebLink AboutRES-2022-158- Interlocal Frie Dist 2BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION TO AUTHORIZE EXECUTION OF INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY FIRE PROTECTION DISTRICT NO.2 (AKA KITTITAS VALLEY FIRE AIID RESCUE OR K!T'R) AND KITTITAS COUNTY RESOLUTION No. 2022 - | 5g WHEREAS: the County is in need of qualified technical support for Fire Investigation services; and WHEREAS: the County does not have a permanent Fire Marshall at this time; and WHERAS: KVFR has the ability and is willing to provide such services; and WHEREAS: the wildfire season is entering its peak and community safety requires cooperative efforts to mitigate the risks personal injury and property damage; NOW THEREFORE BE IT HEREBY RESOLVED that the Interlocal Agreement between KVFR and Kittitas County is approved and shall be file in a manner consistent with RCW 39.34.040. ADOPTED tnis An Aay of Augu st,2022. COMMISSIONERS , WASHINGTON APPROVED AS TO FORM: ,,El-Clerk of Board- Julie Kjorsvik D. R. Mitchell, (Deputy) Prosecuting Attorney n Deputy Clerk of the Board- Mandy Buchholz INTERLOCAL AGREEMENT BBTWEEN KITTITAS COUNTY AND KITTITAS COUNTY FIRB PROTECTION DISTRICT NO. 2 (KITTITAS VALLEY FIRE RESCUE {KVFR}) FOR FIRB 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 subdivision 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; qnA WHEREAS, KVFR has the institutional capacity and the employees with the expertise 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. Scope of 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. KVFR will only provide the listed services when directed to do so by the Kittitas County Fire Marshal, Deputy Fire Marshal, or their designee. 2.2 3 Duration. This Agreement shall remain in effect until l2l3ll22 unless terminated prior to that date by either parly 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. 4 Interlocal Agreement Page 1 of5 5 Contract Manasement. The Agreement administrator for each of the parlies shall be responsible lor 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/lnterim Fire Marshal. Kittitas County Sherifls Office 307 W. Umptanum Rd, Ellensbtrrg, W A 98926. Telephone: 509-933 -8206. The Agreement administrator for KVFR is: John Sinclair, Fire Chiei 400 E. Mountain View Avenue, Ellensburg, WA 98926. Telephone: 509-933-7235. Payment. 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 item2.l by Captain Joe Delvo. $79.95 per hour for services covered under item2,1 by Firefighter/Paramedic Dan Johnson . $88.58 pcr hour for services covered uncier itern 2.i by Deputy Chief Rich Elliott. Mileage of Staff vehicles will be tracked and billed according to Washington Fire Chiefs Rates for Command Vehicles. Billine Procedure. KVFR shall sr-rbmit invoices on a monthly basis for services provided. Invoices are to be sent to: Kittitas county Auditor, 205 w. 5tl'Avenue, suite 105, Ellensburg,WA98926, 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. Force Majeure. 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 veriSr 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. 6 7 8 9 Interlocal Agreement Page 2 of 5 10 1l 1) l3 t4 15 T6 17 Hold Harmless 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 cottft of competent jurisdiction, for injury or death to persons, including employees of either Parly, and damage to properly. including property of either Parly, arising out of or in connection with intentional, willful, wanton, reckless or negligent conduct. However, neither Parly shall be indemnified hereunder for any loss, liability, damage or expense resr"rlting from its sole negligence or willful misconduct. The waivers in this section have been mutually negotiated by the parlies and this entire section shall survive 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. Asqionlltent Thie Aoreemeni nannnf ha accinne.l trancforrad nr.4r1r/ nnrtin^ subcontracted by either party hereto without the prior written consent of the other party, which consent shall not be unreasonably withheld. Administration of Aereement. 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. 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 property of that party initially owning it. Compliance with Laws. Each party hereto, in its performance of this Agreement, agrees to comply with all applicable local, State, and Federal laws and ordinances. 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. 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 parlies. 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. Interlocal Agreement Page 3 of 5 18,Jurisdiction. Any legal dispute between the parties to this Agreement shall be governed by the laws of the State of Washington, and any action to enforce this Agreement shall be brought in Kittitas County, Washington. 19. Modification. The provisions of this Agreement may be modified or amended only by written mutual written agreement of the pafties, executed by personnel authorized to bind each of the parties. 20 21 ZJ 22. Waiver. A failure by either party 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. 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 nar-fiocyur rrvr ! Severabilit)'. 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. Filing. 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.24. Interlocal Agreement Page 4 of 5 Dated this KITTITAS COUNTY FIRE DISTRICT #2 d.b.a. Kittitas Valley & Rescue ATTEST: District Secretary Date: EA'.rAuql .,2022 I BOARD OF COUNTY COMMISSIONERS ashington avL) Cory Wright, Vi nTlan Brett ith,t-l'l lsstoner ATTBST? lie Clerk of the Board Mandy Buchholz,Deputy Clerk II Date: Interlocal Agreement Page 5 of 5