2024-12-03 Council Special PacketAgenda
Edmonds City Council
SPECIAL MEETING NOTICE
COUNCIL CHAMBERS
250 5TH AVE NORTH, EDMONDS, WA 98020
DECEMBER 3, 2024, 5:00 PM
PERSONS WISHING TO JOIN THIS MEETING VIRTUALLY IN LIEU OF IN -PERSON ATTENDANCE CAN
CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A
COMPUTER OR SMART PHONE:
HTTPS://ZOOM. US/J/95798484261
OR JOIN BY PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261
1. CALL TO ORDER
2. ROLL CALL
3. EXECUTIVE SESSION TO DISCUSS PENDING OR POTENTIAL LITIGATION, RCW 42.30.110(1)(1) (30
MIN.)
4. RECONVENE ON OPEN SESSION
S. COUNCIL BUSINESS
1. Discussion of Fire/EMS Services Options (90 min)
ADJOURNMENT 7:00 PM
Edmonds City Council Agenda
December 3, 2024
Page 1
5.1
City Council Agenda Item
Meeting Date: 12/3/2024
Discussion of Fire/EMS Services Options
Staff Lead: City Council
Department: City Council
Preparer: Beckie Peterson
Background/History
In 2010, the City of Edmonds contracted fire and emergency medical services (EMS) with Snohomish Fire
District 1. This contract was revised in 2017.
In 2017, Snohomish Fire District 1 and City of Lynnwood formed a new Regional Fire Authority (RFA);
South Snohomish County Regional Fire Authority.
In 2022, Amendment 1 to the Revised ILA between the City of Edmonds and South County Fire was
signed. This increased staffing to address the Neighboring Unit Utilization Factor and Transport Balance
Factors which were out of balance. This increased staffing resulted in a higher contract rates.
In July, 2023 Council approved a budget amendment for $1.5 million, anticipating contract adjustment
costs that included adjusted labor rates once a collective bargaining agreement was executed by the
RFA and IAFF Local 1828.
September 2023, Council passed Resolution 1531, requesting information about annexation into the
South Snohomish County Regional Fire Authority. This resolution did not meet the legal requirements to
initiate RFA action for the annexation process.
November 2023, Council contracted the services of Fitch and Associates to study the feasibility of fire
and emergency service alternatives.
December 20, 2023, South County Fire notified the City of Edmonds via two letters dated December 19,
2023, emailed to Mayor Nelson and councilmembers, of its intention to terminate the interlocal
agreement for fire and emergency medical services as of December 31, 2025.
April 24, 2024 - Fitch and Associates submitted their final report, City of Edmonds Emergency Services
Analysis.
May 7, 2024 - Public Hearing on options for City of Edmonds Fire/EMS Services.
May 28, 2024 - Council adopted Resolution 1547, stating their preferred alternative for fire and
emergency medical services was joining the RFA via annexation, and authorizing the mayor to pursue
next steps regarding this alternative.
Packet Pg. 2
5.1
June 3, 2024 - Revised Final Fitch Report received.
June 11, 2024 - Council passed Resolution 1549, expressing the intent to purse the benefits of receiving
fire and emergency medical services from the South Snohomish County Regional Fire Authority via
annexation.
June 18, 2024 - Mayor Rosen received a letter from the South County Fire Board of Commissioners in
response to questions posed to Fire Chief Bob Eastman regarding contract options.
November 19, 2024 - South County Fire Commissioners vote to approve RFA Plan (Amended)
considering Edmonds Annexation, and a pre -Annexation agreement.
Recommendation
No action will be taken; discussion only.
Narrative
Council will receive an update on process to date, review documents, and discuss questions/concerns
and consideration of scenarios.
Documents included in this agenda packet that were approved by the South County Fire Commissioners
November 19, 2024:
RFA Plan Amendment (Edmonds Annexation)
Pre -Annexation Agreement with Exhibits
Other Document included, draft to date; not approved by City of Edmonds nor the RFA commissioners:
Preliminary Contract Alternative - Draft Replacement ILA for Fire and EMS
On December 10, Council will contemplate whether the RFA Plan (as revised to include Edmonds) and
the Edmonds Pre -Annexation Plan represent the Council's preferred alternative for the future of Fire
and EMS services or if Council wishes to reconsider another alternative.
Attachments:
RFA Plan Amendment (Edmonds Annexation).final
Pre -Annexation Agreement with exhibits.final
Exhibit 3 Temporary Contract for Services.final
Exhibit 4 Station 17 Use Agreement.final
Exhibit 5 City of Edmonds Fire Prevention ILA.final
Draft Replacement ILA for Fire and EMS
Packet Pg. 3
5.1.a
Amended and Restated Plan for
South Snohomish County Fire & Rescue
Regional Fire Authority
Packet Pg. 4
5.1.a
TABLE OF CONTENTS
Acknowledgement
2
Section 1: Background & Needs Statements
3
Section 2: Definitions
5
Section 3: Formation Authority
7
Section 4: Jurisdictional Boundaries
9
Section 5: Governance
11
Section 6: Funding and Finance
13
Section 7: Organizational Structure: Personnel & Administration
15
Section 8: Operations and Services
16
Section 9: Annexation of the City of Mill Creek
18
Section 10: Annexation of the City of Mountlake Terrace
20
Section 11: Annexation of the City of Brier
22
Section 12: Annexation of the City of Edmonds
24
APPENDICES
Appendix A: Jurisdiction Boundary Map
27
Appendix B: Real Property
28
Appendix C: Personal Property - Vehicles and Apparatus
30
Appendix D: Organization Structure
33
Date Approved by South County Fire Board: November 19th, 2024
0
r
a
O
m
as
co
w
Q
L_
UL
0
0
3
C�
0
Packet Pg. 5
5.1.a
ACKNOWLEDGEMENT
Recognizing the challenges and opportunities that all fire jurisdictions are facing, the City of
Lynnwood and Snohomish County Fire District No. 1, through a partnership of many years,
agreed to explore the different governance and funding options available to provide regional
fire protection and emergency medical services to the communities we serve.
Planning Committee
Ian Cotton, Lynnwood City Council
George Hurst, Lynnwood City Council
Nicola Smith, Lynnwood Mayor
Leadership Staff
Brad Reading, Fire Chief
Robert Eastman, Assistant Chief
Gregg Sieloff, Assistant Chief
Staff Workgroup
City of Lynnwood
Dustin Akers
Robert Bartram
Jared Bond
Scott DiBenedetto
Julie Moore
Sarah Olson
Jim McGaughey, Fire District 1 Commissioner
Bob Meador, Fire District 1 Commissioner
Richard Schrock, Fire District 1 Commissioner
Fire District 1
Bill Cushman
Doug Dahl
Leslie Hynes
Shaughn Maxwell
April Richardson
Amanda Thompson
Kevin Zweber
Thad Hovis
2
Packet Pg. 6
5.1.a
SECTION 1
BACKGROUND & NEEDS STATEMENTS
Revision
The BACKGROUND & NEEDS STATEMENTS section of the RFA Plan is
subject to amendment by a majority vote of the RFA Governance Board.
Adopted
Revised
A. Background and Needs:
1. The ability to respond to emergency situations by fire protection and emergency
services jurisdictions has not kept up or progressed with the region's needs and
special service demands. Anticipated increases in population, building density
and building heights will likely exacerbate this problem.
2. Providing a fire protection and emergency services system requires a
collaborative partnership and responsibility among local and regional
governments, the private sector, and the community.
3. Delivery of core emergency services and timely development of significant
projects can best be achieved through stable funding options for regional fire
protection and emergency services.
4. The City of Lynnwood and Snohomish County Fire District No. 1 (prior to its
dissolution) had a cooperative partnership, striving to provide the highest level
of fire and emergency services to our community within the confines of
available resources through a long-standing mutual/auto aid agreement and
more recently, through blended management.
5. In 2017, the citizens of the City of Lynnwood and Fire District No. 1 approved
combining all functions and services provided by the City of Lynnwood Fire
Department and Snohomish County Fire District No. 1 into a single entity,
called South Snohomish County Fire & Rescue Regional Fire Authority.
6. The Planning Committee established this Plan using an approach to equitably
share costs and contribute assets to form the Regional Fire Authority.
7. Effective August 1, 2022, the City of Mill Creek annexed into the Regional Fire
Authority.
8. Effective August 1, 2023, the Cities of Mountlake Terrace and Brier annexed
into the Regional Fire Authority.
9. It is anticipated that on April 22, 2025, the City of Edmonds will submit a ballot
measure to its citizens seeking approval to annex into the Regional Fire
Authority.
3
Packet Pg. 7
5.1.a
RFA SECTION 1 PLAN REVISION:
The NEEDS STATEMENT section of the (RFA) Plan is subject to amendment by a majority
vote of the RFA Governance Board.
4
Packet Pg. 8
5.1.a
SECTION 2
DEFINITIONS
Revision
The DEFINITIONS section of the RFA Plan is subject to amendment
by a majority vote of the RFA Governance Board.
Adopted
Revised
A. DEFINITIONS
1. The definitions in this section apply throughout this Plan unless the context clearly
requires otherwise.
1.1. "Board," "Governance Board," or "Governing Board" means the
Governance body of a regional fire protection service authority.
1.2. "City' means a city which is a Participating Jurisdiction in the RFA. The
term "Cities" shall be used to refer collectively to all cities which are
Participating Jurisdictions in the RFA.
1.3. "District' means Snohomish County Fire District No. 1.
1.4. "Effective Date" means October 1, 2017.
1.5. "EMS Levy' is a voter approved property tax levy that must be approved
by a supermajority vote.
1.6. "Benefit Charge" is a service charge determined by the required fire -flow,
personnel and equipment costs associated with fighting a fire in a
particular type and size of structure.
1.7. "Interlocal Agreement" or `ILA" means any interlocal service
agreement between the RFA and the City of Lynnwood in providing
certain administrative and support services per the adopted Plan.
1.8. "Participating Jurisdictions" means the City of Lynnwood and Snohomish
County Fire District No. 1 (now dissolved), both of whom were the original
Participating Jurisdictions in the RFA, City of Mill Creek, City of Brier, City of
Mountlake Terrace and City of Edmonds.
1.9. "RCW' means Revised Code of Washington.
1.10. "Regional Fire Protection Service Authority," "Regional Fire
Authority," or "RFA" means a regional fire protection service authority
formed pursuant to Chapter 52.26 RCW. An RFA is a municipal corporation
and independent taxing authority within the meaning of Article VII, Section 1
of the State Constitution, and a taxing district within the meaning of Article
VII, Section 2 of the State Constitution.
5
Packet Pg. 9
5.1.a
1.11. "Regional Fire Authority Planning Committee" or "Planning
Committee" means the committee created under RCW 52.26.030 to
create and propose to the City of Lynnwood and Snohomish County Fire
District No. 1 the Regional Fire Authority Plan.
1.12. "Regional Fire Authority Plan," "RFA Plan" or "Plan" means this
Regional Fire Protection Service Authority Plan, drafted and approved in
accordance with Chapter 52.26 RCW for the development, financing, and
operation of the South Snohomish County Fire & Rescue Regional Fire
Authority.
1.13. "Regional Fire Authority" or "RFA" means the Regional Fire Protection
Service Authority defined in this plan whose boundaries are coextensive
with (i) the City of Lynnwood; (ii) the former Snohomish County Fire District
No. 1 (now dissolved); (iii) the City of Mill Creek; (iv) the City of Mountlake
Terrace; (v) the City of Brier; and (vi) the City of Edmonds.
RFA SECTION 2 PLAN REVISION DISPOSITION:
The DEFINITIONS section of the RFA Plan is subject to amendment or revision only by a
majority vote of the RFA Governance Board.
6
Packet Pg. 10
5.1.a
SECTION 3
FORMATION AUTHORITY
The FORMATION AUTHORITY section of the RFA Plan is subject to
Revision
amendment or revision only by submission of a revised RFA Plan to the
electorate for approval.
Adopted
Revised
This section provides historical details on the formation of the RFA.
Notes
Accordingly, the term "Participating Jurisdictions" in this Section 3 only refer to
the original participating jurisdictions, namely Snohomish County Fire District
No. 1 and the City of Lynnwood.
A. REGIONAL FIRE PROTECTION SERVICE AUTHORITY
1. Chapter 52.26 RCW provides statutory authority for the formation of a Regional
Fire Authority by the City of Lynnwood and Snohomish County Fire District No. 1.
B. PLANNING COMMITTEE AUTHORITY
1. RCW 52.26.030 and RCW 52.26.040 provides statutory authority to form and
operate a Planning Committee.
2. The Participating Jurisdictions formed a Planning Committee consisting of three
(3) elected officials of the City and three (3) Commissioners of the District.
3. The Planning Committee developed and presented the RFA Plan to the elected
officials of each Participating Jurisdiction.
C. RFA PLAN APPROVAL AUTHORITY
1. The legislative body of each Participating Jurisdiction reviewed and approved the
RFA plan by Joint Resolution and called for an election to approve the RFA Plan.
2. The RFA Plan was submitted to the voters of the City and the District as a ballot
measure that must be approved by a simple majority.
3. The Planning Committee had authority to take all necessary actions on behalf of
the Participating Jurisdictions and perform all necessary duties as required to
place the RFA Plan before the voters.
4. The RFA Plan was approved by a simple majority of the voters of the
Participating Jurisdictions, the South Snohomish County Fire & Rescue Regional
Fire Authority was formed on the Effective Date in accordance with RCW
52.26.070.
5.
7
Packet Pg. 11
5.1.a
RFA SECTION 3 PLAN REVISION DISPOSITION:
The FORMATION AUTHORITY section of the RFA Plan is subject to amendment or revision
only by submission of a revised RFA Plan to the electorate for approval.
8
Packet Pg. 12
5.1.a
SECTION 4
JURISDICTIONAL BOUNDARIES
Revision
The JURISDICTIONAL BOUNDARIES section of the RFA Plan is subject
to amendment or revision only by a majority vote of the RFA Governance
Board.
Adopted
Revised
A. JURISDICTIONAL BOUNDARIES
The jurisdictional boundaries of the RFA shall be the legal boundaries of the
Participating Jurisdictions. The boundaries are generally depicted on the map
attached hereto and in Appendix A of this RFA Plan.
2. The RFA is also responsible for providing services to the following jurisdictions
via the referenced interlocal agreements which have been assigned to the RFA
by the following Participating Jurisdictions:
2.1. District Interlocal Agreements:
a) City of Mukilteo pursuant to an Interlocal Agreement for Ladder and
Battalion Chief response services dated November 1, 2016.
2.2. City of Lynnwood Interlocal Agreements:
a) City of Mukilteo pursuant to an Interlocal Agreement Regarding
Advanced Life Support Licensing and Fire/EMS Services dated July
21, 2009, between the City of Lynnwood and the City of Mukilteo.
B. CHANGES IN JURISDICTIONAL BOUNDARIES
1. Boundary changes that do not require an RFA Plan amendment:
1.1. City annexations of areas included within the jurisdictional boundaries of
the RFA. Such annexations will not affect the RFA since the areas will
already be within the RFA boundaries. Pursuant to RCW 52.26.290
there will be no required asset or employee transfers between the
District and the City.
1.2. City annexations of areas not previously included within the jurisdictional
boundaries of the RFA. On the effective date of such annexation, the
territory annexed shall automatically be included within the boundaries of
the RFA pursuant to RCW 52.26.290. The territory added to the RFA by
such annexation shall be subject to the taxation, charges, and bonded
indebtedness (if approved as part of the annexation process) of the RFA.
Any transfer of assets or employees that occurs because of annexation
9
Packet Pg. 13
5.1.a
shall be between the transferring entity and the RFA.
1.3. Annexation of unincorporated areas of the RFA by a City that is not a
Participating Jurisdiction in the RFA. On the effective date of such
annexation, the territory annexed shall automatically be removed from
the boundaries of the RFA. In this situation, the RFA shall not be
obligated to transfer employees or assets of the RFA.
1.4. RFA Annexations. Pursuant to RCW 52.26.090(g), the RFA shall have
the authority to conduct annexations of unincorporated territory adjacent
to the RFA pursuant to the statutory authority and procedures set forth
in RCW 52.04.001 through RCW 52.04.051.
1.5. RFA Partial Mergers. Pursuant to RCW 52.26.090(g), the RFA shall have
the authority to participate in the partial merger process under the
authority and pursuant to the procedures set forth in RCW 52.06.090 and
RCW 52.06.100.
2. Boundary Changes that require an RFA Plan Amendment.
2.1. Annexations of Fire Protection Jurisdictions within reasonable proximity
to the RFA. Other fire protection jurisdictions that are within reasonable
proximity to the RFA are eligible for annexation by the RFA. Upon Plan
amendment and voter approval as provided in the annexation procedures
of RCW 52.26.300, the boundary of the RFA will be expanded to include
such annexed fire protection jurisdictions.
RFA SECTION 4 PLAN REVISION DISPOSITION:
The JURISDICTIONAL BOUNDARIES section of the RFA Plan is subject to amendment or
revision only by a majority vote of the RFA Governance Board.
10
Packet Pg. 14
5.1.a
SECTION 5
GOVERNANCE
Revision
The GOVERNANCE section of the RFA Plan is subject to amendment or
revision only by a majority vote of the RFA Governance Board.
Adopted
Revised
A. GOVERNING BOARD STRUCTURE AND OPERATION
Governing Board. As provided by RCW 52. 26.080, the RFA Governing
Board is established consistent with the terms of this Section and shall have
authority as of the Effective Date.
2. Governing Board Positions and Terms. The Governing Board consists of
five commissioner districts initially created pursuant to Resolution No.
12812018027 and two at -large positions. Only a registered voter residing within
a commissioner district may be a candidate for, or serve as, a commissioner of
the commissioner district. Commissioner districts are subject to redistricting as
provided in RCW 29A.76. An at -large position may be held by a registered
voter residing anywhere within the boundaries of the RFA. The positions and
terms are as follows:
a. Position 1: Commissioner District 1. The current term expires on
December 31, 2025.
b. Position 2: Commissioner District 2. The current term expires on
December 31, 2029.
c. Position 3: Commissioner District 3. The current term expires on December
31, 2025.
d. Position 4: Commissioner District 4. The current term expires on
December 31, 2029.
e. Position 5: Commissioner District 5. The current term expires on December
31, 2025.
f. Position 6. At -large position. The current term expires on December 31,
2027.
g. Position 7. At -large position. The current term expires on December 31,
2027.
2.1. All commissioner terms are six (6)-year terms.
2.2. Upon annexation of a Participating Jurisdiction, such Participating
Jurisdiction shall be entitled to one (1) non -voting position on the
Governing Board until January 1 following the year in which a
commissioner is elected from any newly drawn commissioner district
covering some or all of the Participating Jurisdiction's boundaries. The
non -voting position shall be filled either by an elected official or by an
employee of the Participating Jurisdiction.
11
Packet Pg. 15
5.1.a
2.3. If the RFA Plan is later amended to expand the Governing Board, the
total number of voting members shall be an odd number no greater than
nine (9) in number.
3. Governing Rules. The RFA Governing Board shall develop and adopt by-
laws, governance policies, and rules for the RFA Governing Board to conduct
business in accordance with RCW 52.26.080.
4. Authority. The RFA Governing Board shall have all the power and authority
granted governing boards under Washington State law and shall include the
power and authority to make any decisions appropriate for the RFA and for
matters related to Title 52 RCW.
5. Compensation of Governing Board. Commissioners of the Governing Board
will receive compensation in the same manner and under the same conditions
as provided by law for commissioners of a fire protection district organized
under Title 52 RCW.
RFA SECTION 5 PLAN REVISION DISPOSITION:
The GOVERNANCE section of the Plan may be amended by a majority vote of the RFA
Governance Board.
12
Packet Pg. 16
5.1.a
SECTION 6
FUNDING and FINANCE
Revision
The FUNDING and FINANCE section of the RFA Plan is subject to
amendment or revision by the Governing Board except when voter approval
is required by statute.
Adopted
Revised
A. RFA REVENUES
1. Tax Levies. The RFA shall be authorized to levy and collect taxes in accordance
with RCW 52.26.050(1)(b) ("Fire Levy") up to a maximum of $1.50 per thousand
of assessed valuation.
2. Benefit Charge. In 2020, voters in the RFA approved a benefit charge pursuant
to RCW 52.25.220. The Benefit Charge was renewed by voters in 2024 and is
effective for calendar years 2021 — 2036. The Governing Board may seek voter
approval to renew the Benefit Charge. Whenever a Benefit Charge is imposed,
the RFA's maximum Fire Levy will be $1.00 per thousand of assessed valuation
in accordance with RCW 52.26.240.
3. EMS Levy. The RFA is authorized to levy and collect up to $0.50 per thousand
of assessed valuation for its EMS levy as authorized by RCW 84.52.069.
4. Service Contracts. To the extent permitted by law, the RFA Governance
Board shall have the authority to pursue and contract with agencies and entities
exempt from property taxes in accordance with RCW 52.30.020 and related
statutes.
5. Fire Impact and Mitigation Fees. The RFA may enter into interlocal
agreements with Snohomish County and/or the City of Lynnwood and other
Cities to collect such fees.
6. Transport Fees. The RFA Board will charge and collect transport fees in
accordance with policies adopted by the RFA Governing Board.
7. Additional Revenue Options. The RFA Governing Board shall have the
authority to pursue, subject to any applicable statutory voter approval
requirements and the RFA Plan Amendment, if required, all additional revenue
sources authorized by law including, but not limited to, revenue sources
specifically identified in Title 52 RCW and Title 84 RCW that are not otherwise
addressed in chapter 52.26 RCW.
B. ASSETS
1. Real Property. Appendix B identifies the Real Property owned by the RFA.
13
Packet Pg. 17
5.1.a
2. Apparatus and Vehicles. Appendix C identifies all apparatus and vehicles
owned by the RFA.
3. Historical Transfers of Property and Liabilities to RFA. The original RFA
Plan details transfers of property and liabilities which were transferred by the
City of Lynnwood and Snohomish County Fire District No. 1 to the RFA upon its
formation. Those provisions have been removed from this Amended and
Restated Plan solely for clarity and conciseness of this Section. Those
provisions are incorporated herein by reference.
C. LIABILITIES
1. The following City of Lynnwood Debt/Liabilities are retained by the City of
Lynnwood:
1.1. The balance of the City of Lynnwood's 20-year debt obligation to SERS
associated with construction of the regional 800 MHz system.
1.2. The City of Lynnwood retains its Fireman's Pension Fund created under
Chapter 41.18 RCW and will make required pension payments to eligible
participants.
RFA SECTION 6 PLAN REVISION DISPOSITION:
The FUNDING AND FINANCE section of the RFA Plan is subject to amendment or revision by
majority vote of the Governing Board except when voter approval is required by statute.
14
Packet Pg. 18
5.1.a
SECTION 7
ORGANIZATION STRUCTURE: PERSONNEL & ADMINISTRATION
Revision
The ORGANIZATIONAL STRUCTURE: PERSONNEL &
ADMINISTRATION section of the RFA Plan is subject to amendment by a
majority vote of the RFA Governance Board
Adopted
Revised
A. ORGANIZATIONAL STRUCTURE
1. Organizational Chart. The current Organization Chart for the RFA is set forth
in Appendix D of the RFA Plan. The Fire Chief shall have authority to adjust the
Organizational Chart as necessary to improve service delivery without
amending the RFA Plan.
B. PERSONNEL
1. Fire Chief. The Fire Chief shall at all times be appointed and serve at the
pleasure of the Governance Board.
2. Personnel. See Organization Chart, Appendix D.
C. ADMINISTRATION
1. Administration. On the Effective Date, the City of Lynnwood's administrative
and business functions, agreements, documents, operations, and policies and
procedures related to its fire department were transferred from the City of
Lynnwood Fire Department to the RFA except as otherwise noted in this Plan.
2. City of Lynnwood Retained Administrative Service Responsibilities. The
City of Lynnwood shall continue to provide the following services:
2.1. The City of Lynnwood LEOFF Board will continue to oversee LEOFF
benefits for City of Lynnwood retirees in accordance with the City of
Lynnwood LEOFF 1 Policies and Procedures.
RFA SECTION 7 PLAN REVISION DISPOSITION:
The ORGANIZATIONAL STRUCTURE: PERSONNEL & ADMINISTRATION section of The
RFA Plan is subject to amendment by a majority vote of the RFA Governance Board.
15 I
Packet Pg. 19
5.1.a
SECTION 8
OPERATIONS AND SERVICES
Revision
The OPERATIONS AND SERVICES section of the RFA Plan is
subject to amendment by a majority vote of the RFA Governance
Board.
Adopted
Revised
A. FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES
1. The RFA is the primary service provider for fire protection, fire suppression and
emergency medical services (including ambulance transports) throughout the
RFA's jurisdictional boundaries.
2. The Governing Board shall determine services, standards of coverage, and
levels of service as it deems appropriate.
3. All automatic aid and mutual aid agreements, all interlocal agreements and
contractual services agreements, documents, or memorandums in place with
the City of Lynnwood Fire Department and the District were transferred to the
RFA on the Effective Date to provide continuous, seamless readiness and
emergency services coverage. Notwithstanding the foregoing, the City of
Lynnwood's interlocal agreements with SERS and SNOCOM were modified to
provide that the RFA will assume the fire related rights and obligations under
these agreements and that the RFA shall be entitled to the City of Lynnwood's
fire -related equity interests under both these agreements.
B. FIRE MARSHAL/INSPECTION SERVICES
1. Fire Marshal Service Providers:
1.1. Fire Marshal Services within the boundaries of the RFA are provided as
follows:
a. Within the Cities: The RFA provides fire investigation to the Cities.
Additionally, the RFA provides certain fire code enforcement
services (e.g., plan reviews, inspections and enforcement) to the
Cities pursuant to interlocal agreements which serve to compensate
the RFA for such services.
b. Within unincorporated Snohomish County: Snohomish County
provides Fire Marshal Services.
c. The RFA may provide Fire Marshal and inspection services to another
local municipal jurisdiction through an interlocal agreement.
C. EMERGENCY MANAGEMENT SERVICES
16
Packet Pg. 20
5.1.a
Emergency Management Services are provided as follows:
a. Within Cities: Snohomish County DEM provides Emergency Management
Services within the Cities of Lynnwood, Mill Creek, Brier and Mountlake
Terrace boundaries pursuant to City contracts with DEM.
b. Within unincorporated Snohomish County: Snohomish County Department of
Emergency Management provides Emergency Management Services.
D. PUBLIC EDUCATION SERVICES
The RFA provides Public Education Services throughout the jurisdictional
boundaries of the RFA and its service area.
E. PURCHASING
From time to time, the Governing Board shall formally adopt written policies
a. Purchases of goods, equipment, supplies or materials
b. Public works
c. Professional services
2. The Governing Board expressly declares that such policies need not be in
accordance with Title 52.26.090(g)
RFA SECTION 8 PLAN REVISION DISPOSITION:
The OPERATIONS AND SERVICES section of the RFA Plan is subject to amendment by a
majority vote of the RFA Governance Board.
17
Packet Pg. 21
5.1.a
SECTION 9
ANNEXATION OF CITY OF MILL CREEK
The ANNEXATION OF MILL CREEK section
Revision
of the RFA Plan is subject to amendment or
revision only by a majority vote of the RFA
Governing Board.
Adopted
Revised
A. ANNEXATION
1. The City of Mill Creek annexed into the RFA on August 1, 2022 (the "Mill
Creek Annexation Date").
C. PROVISION OF FIRE AND EMERGENCY MEDICAL SERVICES
1. The RFA provides fire and emergency medical services to the City of Mill
Creek, including ambulance transports.
2. The RFA initially adopted the City of Mill Creek's Standards of Coverage
Document for the City of Mill Creek's jurisdictional boundary area.
D. FIRE MARSHAL / INSPECTION SERVICES
The RFA provides certain fire code enforcement services to the City of Mill Creek
pursuant to an interlocal agreement in which the City of Mill Creek assesses fire fees
and charges adopted by the RFA and remits a portion of those fire fees and charges to
the RFA. The City of Mill Creek retains the authority to set fees to its citizens for the
Fire Marshall Services and retain the revenues.
E. TRANSITION OF PROPERTY AND ASSETS
The City of Mill Creek transferred to the RFA the following property, assets, and records
on an "as is, where is" condition:
• Station 76. The real property commonly known as 1020 153rd St. SE, Mill Creek,
WA 98012 ("Station 76") along with all its fixtures, furnishings and equipment. The
City will have a right of reversion to re -acquire the property in the event that it is no
longer used as a fire station, the terms of which are described in a pre -annexation
agreement, and which shall control.
• Equipment, Etc. All City of Mill Creek owned equipment associated with the
provision of fire and emergency medical services as identified in the pre -
annexation agreement.
18
Packet Pg. 22
5.1.a
• Records and Materials. All reports, documents, surveys, books, records, files,
papers, and electronic or written material that are owned by or in the possession of
the City of Mill Creek and which relate to the provision of fire and emergency
medical services within the City of Mill Creek.
F. FINANCES
1. Transport Fees. The RFA is entitled to bill and collect for Transport Fees for
transports originating within the City of Mill Creek.
2. Liabilities. Commencing on the Mill Creek Annexation Date, the RFA
assumed the periodic fire related payment obligations of the City of Mill Creek
interlocal agreement with Sno911. Otherwise, the RFA did not assume any
liabilities of the City of Mill Creek.
RFA SECTION 9 PLAN REVISION DISPOSITION:
The ANNEXATION OF THE CITY OF MILL CREEK section of the Plan may be amended by a
majority vote of the RFA Governance Board.
19
Packet Pg. 23
5.1.a
SECTION 10
ANNEXATION OF CITY OF MOUNTLAKE
TERRACE
The ANNEXATION OF MOUNTLAKE
Revision
TERRACE section of the RFA Plan is subject
to amendment or revision only by a majority
vote of the RFA Governing Board.
Adopted
Revised
A. ANNEXATION
The City of Mountlake Terrace annexed into the RFA on August 1, 2023 (the "Mountlake
Terrace Annexation Date").
B. PROVISION OF FIRE AND EMERGENCY MEDICAL SERVICES
1. The RFA provides fire and emergency medical services to the City of Mountlake
Terrace, including ambulance transports.
2. The RFA adopted the City of Mountlake Terrace's Standards of Coverage
Document for the City of Mountlake Terrace's jurisdictional boundary area.
C. FIRE MARSHAL / INSPECTION SERVICES
The RFA provides certain fire code enforcement services to the City of Mountlake
Terrace pursuant to an interlocal agreement in which the City of Mountlake Terrace
assesses fire fees and charges adopted by the RFA and remits a portion of those fire
fees and charges to the RFA.
D. TRANSITION OF PROPERTY AND ASSETS
The City of Mountlake Terrace transferred title to all personal property related to fire and
emergency medical services to the RFA.
Station 19 has not been transferred to the RFA on the Mountlake Terrace Annexation
Date because it is located on a parcel of property which also contains City Hall.
Transferring title to the Fire Station would have required the property to be subdivided.
In lieu of undertaking a subdivision, the City entered into a perpetual Use Agreement to
allow the RFA to use Station 19 for as long as the RFA uses Station 19 as a fire station.
The RFA shall not be charged for such use of Station 19. If the RFA ceases to use
Station 19 as a fire station, the City shall pay to South County Fire a portion of the
capital improvement expenses it incurred as further detailed in the Use Agreement. If
the City terminates the Use Agreement, the parcel on which the Fire Station is located
will be subdivided by the RFA, and the Fire Station will thereafter be conveyed to the
RFA at no charge.
E. EMPLOYMENT OF CITY OF MOUNTLAKE TERRACE EMPLOYEES
A 20
Packet Pg. 24
5.1.a
No employees of the City of Mountlake Terrace transferred to the employment of the
RFA on the Mountlake Terrace Effective Date.
F. FINANCES
1. Transport Fees. The RFA is entitled to bill and collect for Transport Fees
related to transports originating within the City of Mountlake Terrace.
2. Liabilities.
a. Commencing on the Mountlake Terrace Annexation Date, the RFA
assumed the periodic fire related payment obligations of the City of
Mountlake Terrace interlocal agreement with Sno911.
b. City of Mountlake Terrace rights and obligations under LEOFF 1 retiree
medical were transferred to the RFA upon the Mountlake Terrace
Annexation Date, including any Long -Term Care policies maintained by
the City.
c. The City of Mountlake Terrace retained its Fireman's Pension Fund, if
any, created under Chapter 41.18 RCW and will make required
pension payments to eligible participants.
d. The RFA assumed the City's liability for the retroactive payment billing due
during the first quarter of 2023 pursuant to section 4.1.3(f) of the Interlocal
Agreement for Fire and Emergency Medical Services dated January 13,
2005.
e. Except as set forth above, the RFA has not assumed any liabilities of the
City of Mountlake Terrace.
RFA SECTION 10 PLAN REVISION DISPOSITION:
The ANNEXATION OF THE CITY OF MOUNTLAKE TERRACE section of the Plan may be
amended by a majority vote of the RFA Governance Board.
21
Packet Pg. 25
5.1.a
SECTION 11
ANNEXATION OF CITY OF BRIER
The ANNEXATION OF BRIER section of the
Revision
RFA Plan is subject to amendment or
revision only by a majority vote of the RFA
Governing Board.
Adopted
Revised
A. ANNEXATION
The City of Brier annexed into the RFA on August 1, 2023 (the "Brier Annexation Date")
B. PROVISION OF FIRE AND EMERGENCY MEDICAL SERVICES
The RFA provides fire and emergency medical services to the City of Brier,
including ambulance transports.
2. The RFA initially adopted the City of Brier's Standards of Coverage Document for
the City of Brier's jurisdictional boundary area.
C. FIRE MARSHAL / INSPECTION SERVICES
The RFA provides certain fire code enforcement services to the City of Brier pursuant to
an interlocal agreement in which the City of Brier assesses fire fees and charges
adopted by the RFA and remits a portion of those fire fees and charges to the RFA.
D. TRANSITION OF PROPERTY AND ASSETS
No property or assets were transferred to the RFA on the Annexation Date.
E. EMPLOYMENT OF CITY OF BRIER EMPLOYEES
No employees of the City of Brier transferred to the employment of the RFA on the
Effective Date.
F. FINANCES
1. Transport Fees. The RFA is entitled to bill and collect for Transport Fees for
transports originating within the City of Brier.
2. Liabilities. Commencing on the Annexation Date, the RFA assumed the
periodic fire related payment obligations of the City of Brier interlocal
agreement with Sno911 commencing on the Annexation Date. Otherwise, the
RFA did not assume any liabilities of the City of Brier.
RFA SECTION 11 PLAN REVISION DISPOSITION:
{ 22
Packet Pg. 26
5.1.a
The ANNEXATION OF THE CITY OF BRIER section of the Plan may be amended by a
majority vote of the RFA Governance Board.
23
Packet Pg. 27
5.1.a
SECTION 12
ANNEXATION OF CITY OF EDMONDS
The ANNEXATION OF EDMONDS section of
the RFA Plan is subject to amendment or
Revision
revision only by a majority vote of the RFA
Governing Board.
Adopted
Revised
A. ANNEXATION AUTHORITY
Chapter 52.26.300 RCW provides statutory authority for the annexation of additional
participating jurisdictions into a regional fire authority.
B. REVISED RFA PLAN APPROVAL
1. On June 11, 2024, the City of Edmonds adopted Resolution No. 1549
requesting to annex into the RFA.
2. On , 2024, the Governing Board of the RFA adopted Resolution No
to amend the RFA Plan to establish terms and conditions of the
requested annexation by the City of Edmonds.
3. On , 2024, the City of Edmonds adopted Resolution No.
approving the amended RFA Plan and the annexation of the City of Edmonds
into the RFA and calling an election on the matter at the special election to be
held on April 22, 2025.
4. The Amended and Restated RFA Plan and the measure for the City of
Edmonds to annex into the RFA is being submitted to the voters of the City of
Edmonds at the special election on April 22, 2025, as a single ballot measure
that must be approved by a simple majority.
5. If the City of Edmonds voters approve the annexation and the Amended RFA
Plan at the special election, then on June 1, 2025 , (the "Edmonds Annexation
Date"), the annexation of the City of Edmonds into the RFA will be effective in
accordance with RCW 52.26.300, at which time the City of Edmonds will
become a Participating Jurisdiction in the RFA.
6. This Amended and Restated Plan shall be automatically void if the voters of
the City of Edmonds do not approve the ballot measure at the special election
on April 22, 2025, in which case the prior RFA Plan shall be effective without
further action of the Governing Board.
C. TRANSITION OF FIRE AND EMERGENCY MEDICAL SERVICES
{ 24
Packet Pg. 28
5.1.a
On the Edmonds Annexation Date, all current operational and service delivery
aspects of fire suppression and emergency medical services for the City of Edmonds,
including ambulance transports, shall be performed by the RFA.
D. FIRE MARSHAL / INSPECTION SERVICES
Effective on the Edmonds Annexation Date, the RFA will provide certain fire code
enforcement services to the City of Edmonds pursuant to an interlocal agreement in
which the City of Edmonds assesses fire fees and charges adopted by the RFA and
remits a portion of those fire fees and charges to the RFA.
E. TRANSITION OF PROPERTY AND ASSETS
On the Edmonds Annexation Date, the City will transfer title to Fire Stations 16 and 20
to the RFA without cost. The City will have a right of reversion to re -acquire either fire
station in the event that such property is no longer used as a fire station, the terms of
which are described in a pre -annexation agreement, and which shall control.
Station 17 has not been transferred to the RFA on the Edmonds Annexation Date
because it is located on a parcel of property which also contains other City departments.
Transferring title to Station 17 would have required the property to be subdivided. In lieu
of undertaking a subdivision, the City entered into a perpetual Use Agreement to allow
the RFA to use Station 17 for as long as the RFA uses Station 17 as a fire station. The
RFA shall not be charged for such use of Station 17. If the RFA ceases to use Station
17 as a fire station, the City shall pay to South County Fire a portion of the capital
improvement expenses it incurred as further detailed in the Use Agreement. If the City
terminates the Use Agreement, the parcel on which the Fire Station is located will be
subdivided by the RFA, and the Fire Station will thereafter be conveyed to the RFA at no
charge. The City will have a right of reversion to re -acquire Station 17 in the event that,
after being conveyed to the RFA, such property is no longer used as a fire station by the
RFA, the terms of which are described in a pre -annexation agreement, and which shall
control.
F. EMPLOYMENT OF CITY OF EDMONDS EMPLOYEES
No employees of the City of Edmonds shall transfer to the employment of the RFA on
the Effective Date.
G. FINANCES
1. Transport Fees. Commencing on the Edmonds Annexation Date, the RFA will
be entitled to bill and collect for Transport Fees for transports originating within
the City of Edmonds.
2. Liabilities. Commencing on the Annexation Date, the RFA shall assume only
the following liabilities of the City of Edmonds:
a. The periodic fire related payment obligations of the City of Edmonds
25
Packet Pg. 29
5.1.a
interlocal agreement with Sno911.
b. City of Edmonds' rights and obligations under LEOFF 1 firefighter retiree
medical, including any Long -Term Care policies maintained by the City.
Provided, however, that the City of Edmonds LEOFF Board will continue to
oversee LEOFF 1 benefits for City of Edmonds retirees in accordance with
the City of Edmonds LEOFF 1 Policies and Procedures.
c. The periodic payment obligations of the City of Edmonds for the interlocal
agreement with Snohomish County DEM for three years (2025-2027).
H. PARTICIPATION ON GOVERNING BOARD. See Section 5, subsection 2.2 of this
Plan.
RFA SECTION 12 PLAN REVISION DISPOSITION:
The ANNEXATION OF THE CITY OF EDMONDS section of the Plan may be amended by a
majority vote of the RFA Governance Board.
26
Packet Pg. 30
WA
Lail
O'{/'
PEN#
gg
w 6 �VAImar
Nt
_2��
5.1.a
APPENDIX B
REAL PROPERTY
Fire District 1
Facility
Year Built
Address
Land SF
Building SF
FS 10
2010
3922 156th Street SW, Lynnwood, WA 98087
54,014
13,100
FS 11
1989
12310 Meridian Ave, Everett, WA 98208
116,025
16,270
FS 12
2005
3525 108th SE, Everett, WA 98208
127,892
10,100
FS 13
1980
13611 Puget Park Rd, Everett, WA 98208
48,184
7,430
FS 18
2010
21206 Poplar Way, Brier, WA 98036
97,574
8,780
FS 21
2009
16819 13th Ave W, Lynnwood, WA 98036
118,047
12,960
FS 22
1972
20510 Damson Rd, Lynnwood, WA 98036
28,749
5,080
FS 23
1972
4324 Serene Way, Lynnwood, WA 98087
57,934
5,080
District 1 HQ
1974
12425 Meridian Ave S, Everett, WA 98208
228,240
36,000
Training Tower
12425 Meridian Ave S, Everett, WA 98208
3,361
Training Classrooms
12425 Meridian Ave S, Everett, WA 98208
2,304
Fender property
Fender Drive, Lynnwood, WA 98087
3+ acres
0
Manor property
2224 Manor Way, Lynnwood, WA 98037
47,916
0
Alderwood Mall
Parkway property
New Station 22 property
City of Lynnwood
Facility
Year Built
Address
Land SF
Building SF
FS 14*
1990
18800 68th Ave W, Lynnwood, WA 98037
20,037
4,540
FS 15**
1995
18800 44th Ave W, Lynnwood, WA 98036
59,242
18,710
City of Mill Creek
Facility
Year Built
Address
Land SF
Building SF
FS 76****
1988
1020 153rd St SE, Mill Creek, WA 98102
1.38 acres
4,190
City of Mountlake Terrace
Facility
Year Built
Address
Land SF
Building SF
FS 19**** - Subject to
2005
5902 - 232nd St. SW Mountlake Terrace, WA
NA
7,350
r
a
Packet Pg. 32
5.1.a
Use Agreement with
98043
City of Mountlake
Terrace
City of Edmonds
Facility
Year Built
Address
Land SF
Building SF
FS 16****
2003
8429 196t" ST SW Edmonds, WA 98026
1.3 acres
10,810
FS 17 Subject to Use
1999
275 6tn Avenue N Edmonds, WA 98020
NA
8,900
Agreement with City of
Edmonds
FS 20****
1992
23009 88t" Avenue W Edmonds, WA 98026
.6 acres
6,510
* The City of Lynnwood has an option to purchase Station 14 (the land and the building) if the station ever ceases to be continuously
used for fire service. The Option has been recorded under Snohomish County Auditor File No. 201710110192.
**The deed conveying Station 15 to the RFA and recorded under Snohomish County Auditor File No. 201710110193 contains a
reversionary interest providing that the title to the land and the station will return to the City of Lynnwood if the station ever ceases to
be continuously used for fire service. The amount of compensation to be paid to the RFA for such reversion shall be negotiated by
the RFA and the City of Lynnwood.
*** As used in the foregoing notations, the term Used for fire service" shall mean more than 50% of the facility is used continuously
for fire suppression, department support or administration.
***The transfer of Station 76 from the City of Mill Creek to the RFA contains a reversionary interest and for the City of Mill Creek to
pay the fair market value for such station as set forth in the pre -annexation agreement. The fair market value will be reduced by the
City's equity interest in the station, as adjusted for inflation provided that the City annexes into the RFA not later than August 1, 2023
****The transfer of Stations 16 and 20 from the City of Edmonds to the RFA shall contain a reversionary interest for the City of
Edmonds to repurchase either station in the event such station is not being used as an "Active Fire Station". The price shall be fair
market value, less the equity the City had in the station at the date of transfer to the RFA, as adjusted by inflation, as described in the
deed.
The 15 fire stations identified in the real property table above are staffed and maintained by the RFA for the operational readiness to
provide fire and EMS services to the citizens of the RFA.
Packet Pg. 33
5.1.a
APPENDIX C
PERSONAL PROPERTY — VEHICLES AND APPARATUS
App
No.
license
Vin
year
model
Make
143
93286C
1 FTSW21508EA62932
2008
FORD F-250
PICK-UP
1
391185
1925
REO PUMPER
250 GPM
146
95224C
1 FDXE45PX9DA63704
2009
FORD/ BRAUN NORTHSTAR
E-450 SD
145
95223C
1 FDXE45P89DA63703
2009
FORD/BRAUN NORTHSTAR
E-450 SD
106
78921 C
1 FDXE45P16HAO5615
2006
FORD/BRAUN NORTH STAR
E-450 SD
147
96980C
4S7AT2D959C072158
2009
SPARTAN/SVI
AIR UNIT
100
75935C
1 GNEK13Z75J244592
2005
CHEVROLET TAHOE
SUV
126
91089C
1GNGK46K89R254631
2009
CHEVROLET SUBURBAN
SUV
110
81414C
3GNGKZ6K77G161861
2007
CHEVROLET SUBURBAN
SUV
103
75936C
AGBKP32K8R3311793
1994
CHEVROLET STEP -VAN
UTILITY
102
75937C
1 GNEK13Z15J251554
2005
CHEVROLET TAHOE
SUV
160
B3859C
1 FM5K8AR1 GGB55598
2016
FORD EXPLORER AWD
SUV
104
78303C
5NHUTBT2N6T405828
2005
CARGOMATE TRAILER
TRAILER
131
93290C
1 FDAW5HR6AEA09059
2009
FORD/PACIFIC TRUCK
F-550 SD
42
�40077C
4S7AT9D02TCO20195
1996
SPARTAN/DARLEY
1500
GPM
113
84285C
4F7AT2F936C056016
2007
SPARTAN/H&W PUMPER
1500
GPM
34
21634C
457BT9F07MC003699
1991
SPARTAN/DARLEY
1500
GPM
114
�84287C
4S7AT2F956C056017
2007
SPARTAN/H&W PUMPER
1500
GPM
78
�71683C
4Z3AAAXG54RN02993
2004
AMERICAN LAFRANCE
1500
GPM
140
�93288C
4S7AT2F996C053881
2006
SPARTAN/H&W PUMPER
1500
GPM
133
�932921C
4SAT4198WCO21121
1998
SPARTAN/DARLEY PUMPER
1500
GPM
119
�96060C
4S7AT2F998C070036
2008
SPARTAN/CRIMSON PUMPER
1500
GPM
125
�96061C
4S7AT2F9X9C070533
2008
SPARTAN/CRIMSON PUMPER
1500
GPM
132
�932912
4S7AT419XWCO21122
1998
SPARTAN/DARLEY PUMPER
1500
GPM
120
96038C
4S7AT2F908C070037
2008
SPARTAN/CRIMSON PUMPER
1500
GPM
92
82381 C
4S7AT33991 C039627
2002
SPARTAN/H&W PUMPER
1500
GPM
77
71682C
4Z3AAACG34RN02992
2004
AMERICAN LAFRANCE
1500
GPM
33
21633C
457BT9F05MC003698
1991
SPARTAN/DARLEY
1500
GPM
y
_
0
a
O
y
d
a�
Cn
W
w
a�
L
ii
4-
0
0
.N
0
U
0
_
0
r
Cu
x
a�
_
a
W
_
0
E
w
_
a�
E
_
a)
E
a
_
a
a
w
_
a�
E
0
m
a
Packet Pg. 34
5.1.a
159
B3831 C
1 FM5K8AR3GGB55599
2016
FORD EXPLORER AWD
SUV
35
22957C
1 B7KE26C4NS680942
1992
DODGE PICKUP
3/4 TON
161
B3860C
1 FTBF2B67GEB54822
2016
FORD F250 4 X 4 P/U
3/4T P/U
101
75934C
1 GNEK13Z55J245157
2005
CHEVROLET TAHOE
SUV
97
75924C
1 FMDU72K75ZA66945
2005
FORD EXPLORER
SUV
32
19453C
4BMFH2029M1100528
WILSON TRAILER
TRAILER
149
85462C
4YMUL08147TO92838
2007
CARRY -ALL TRAILER
TRAILER
124
88755C
2FAHP71V78X145945
2008
FORD POLICE INTERCEPTOR
SEDAN
144
93287C
1 FMCUC93158KA30357
2008
FORD ESCAPE
SUV
150
99076C
4ENDABA861\11009933
1992
E-ONE/LADDER 95FT.
1500
GPM
71
60911 C
4EN3ABA8111003138
2001
E-ONE/ LADDER 100 FT.
2000
GPM
118
96059C
4S7XZF949CO70371
2008
SPARTAN/CRIMSON LADDER
103 FT.
1500
GPM
157
A8988C
1GD675CL6E1177495
2014
GMC AMBULANCE
SC4
127
93569C
1 FDXE45PO9DA42926
2009
FORD/BRAUN NORTHSTAR
E-450 SD
156
A8989C
1GD675CLOE1177122
2014
GMC AMBULANCE
SC4
136
93281 C
1 FDXE45F61 HB05466
2001
FORD/ROAD RESCUE
E-450 SD
130
95208C
1 FDXE45P29DA68539
2009
FORD/BRAUN NORTHSTAR
E-450 SD
117
82345C
1 FDXE45P16DB33893
2007
FORD/BRAUN NORTHSTAR
E-450 SD
128
93557C
1 FDXE45P99DA68537
2009
FORD/BRAUN NORTHSTAR
E-450 SD
129
94348C
1 FDXE45PO9DA68538
2009
FORD/BRAUN NORTHSTAR
E-450 SD
155
A8990C
1 GD675CLXEl 178133
2014
GMC AMBULANCE
SC4
115
82344C
1 FDXE45P76DB33896
2007
FORD/BRAUN NORTHSTAR
E-450 SD
141
93282C
1 FDX45P46DB40773
2006
FORD/BRAUN NORTHSTAR
E-450 SD
153
A8215C
1FMPU16595LA77690
2005
FORD EXPEDITION
SUV
109
81392C
1 GNFK13017J215050
2007
CHEVROLET TAHOE
SUV
139
93287C
1 GNEK13Z75R220701
2005
CHEVROLET TAHOE
SUV
154
A9409C
1GNSK5EC2FR275786
2015
CHEVY SUBURBAN
SUV
98
75925C
1 FMDU72K95ZA66946
2005
FORD EXPLORER
SUV
67
50601C
1 FM PU 1 8L8XLA45280
1999
FORD EXPEDITION
SUV
122
88757C
2FAHP71V08X145947
2008
FORD POLICE INTERCENTOR
SEDAN
123
88756C
2FAHP71V98X145946S
2008
FORD POLICE INTERCEPTOR
SEDAN
96
75931C
2D8GP44185R529474
2005
DODGE CARAVAN, RED
MINI VAN
121
88761 C
1 GBDV13WX8D211305
2008
CHEVROLET UPLANDER,
WHITE
CARGO
VAN
158
B3830C
1 FM5K8ARXGGB55597
2016
FORD EXPLORER AWD
SUV
105
78304C
5NHUTBT256T405986
2005
CARGOMATE TRAILER
TRAILER
74
70226C
1 FDXE45F23HB46521
2003
FORD/BRAUN NORTH STAR
E450-SD
75
70227C
1 FDXE45F43HB46522
2003
FORD/BRAUN NORTH STAR
E450-SD
107
78922C
1 FDXE45TX68AO5614
2006
FORD/BRAUN NORTH STAR
E-450 SD
116
82346C
1 FDXE45PX6DB33892
2007
FORD/BRAUN NORTHSTAR
E-450 SD
y
0
a
O
y
d
as
cn
cn
w
a�
L
U-
0
0
.N
0
U
0
_
0
r
0
x
a�
_
a
W
_
0
E
w
_
a�
E
_
0
E
a
_
a
a
w
r
_
m
E
0
m
a
Packet Pg. 35
5.1.a
108
81391 C
1 GNK13077J15053
2007
CHEVROLET TAHOE
SUV
111
81415C
1 GCCS19EX78149247
2007
CHEVROLET COLORADO
PICK-UP
148
96981C
4S7AT2D9X9CO71345
2009
SPARTAN/SVI
RESCUE
112
81416C
1 GCCS19e578148054
2007
CHEVROLET COLORADO
PICK-UP
91
82383C
4S7BT9HO8LCO02679
1990
SPARTAN/DARLEY PUMPER
1500
GPM
93
82386C
1FMPU18L5WLB44363
1998
FORD EXPEDITION
SUV
162
4SAT2D98HCO81046
2016
SPARTAN PUMPER
1500GPM
163
4SAT2D98HCO81047
2016
SPARTAN PUMPER
15000PM
164
B8256C
1 FAHP2H81 HG111539
2017
FORD TAURUS
SEDAN
165
B8262C
1 GNSKDEC9HR232298
2017
CHEVY TAHOE
SUV
166
B8272C
1 FM5K8ARXHGC27559
2017
FORD EXPLORER AWD
SUV
142
93285C
3GNGK26K87G304591
2007
CHEVROLET SUBURBAN
SUV
167
43646D
1FMFU16587LA84189
2007
Ford Expedition
154
42389D
1FMPU165X6LA73651
2006
Ford Expedition
170
42388D
1FMFU16567LA87138
2007
Ford Expedition
198
47266D
1 FTSW21 R78EE06534
2008
Ford F-250
F-250
C-99
25038D
1 FMCU02171 KC24181
2001
Ford Escape
218
49350D
1HTMRAZL69H135155
2009
Navistar
219
49351 D
1 HTMRAZL89H135156
2009
Navistar
244
51039D
4S7AT2C979CO71160
2010
H & W
161
05450D
4S7AT2C996CO55845
2007
H & W
F-20
22767D
457AT41931 C037736
2001
H & W
F-15
22764D
4S7AX4199YCO33589
2000
Smeal
249
53715D
1 FDXE4FPOADA27958
2010
Ford E450
267
25048D
1 FDXE40F5WHB72185
1998
Ford E450
309
59141 D
1 FMCU9GXXFUC06125
2015
Escape
310
59140D
1 FMCU9GX1 FUC06126
2015
Escape
311
60142D
1 FMCU9GX3FUC06127
2015
Escape
315
60141 D
1 FM5K8AT6FGC67761
2015
Taurus
333
62021 D
1 FAHP2H81 GG111992
2015
Taurus
y
0
a
O
y
a�
a�
U)
m
w
U-
0
0
.N
0
U
N
0
_
0
r
0
x
a�
_
a
_
0
E
w
_
a�
E
_
as
E
a
_
a
a
LL
_
m
E
U
a
Packet Pg. 36
5.1.a
APPENDIX D
[ORGANIZATIONAL STRUCTURE]
RESIDENTS
a xun ma�v n.
LF
COINf1RE ors• �..tirurs r.r.w...-til
a
Packet Pg. 37
5.1.a
y
C
O
Q
0
y
d
V
d
N
N
m
W
d
L_
LL
4-
0
C
O
.N
N
U
N
a
Packet Pg. 38
5.1.b
PRE -ANNEXATION INTERLOCAL AGREEMENT BETWEEN
SOUTH SNOHOMISH COUNTY FIRE & RESCUE REGIONAL FIRE AUTHORITY
AND
THE CITY OF EDMONDS
THIS INTERLOCAL AGREEMENT (the "Agreement") is entered into by and between
SOUTH SNOHOMISH COUNTY FIRE & RESCUE REGIONAL FIRE AUTHORITY, a
Washington municipal corporation (the "RFA") and the CITY OF EDMONDS, a Washington
municipal corporation (the "City") on this _day of , 2024 (the "Effective Date").
WHEREAS, the City currently receives fire and emergency medical services from the
RFA pursuant to 2009 Interlocal Agreement that later became a Revised and Restated
Interlocal Agreement for Fire and Emergency Medical Services dated January 26, 2017, which
was amended again in 2021 ("Original ILA") and which will terminate on December 31, 2025
(the "Original ILA Termination Date");
WHEREAS, the City will, not later than the April 22, 2025 special election, submit to the
voters a measure ("Annexation Measure") for the City to annex into the RFA effective June 1,
2025 (the "Annexation Date") [herein, the term "Annexation Date" shall refer to the June 1, 2025
effective date of the City's annexation into the RFA as set forth in the applicable ballot measure
or as otherwise provided in RCW 52.26.300];
WHEREAS, if the annexation of the City into the RFA is approved by the voters at a
special election on April 22, 2025, pursuant to Chapter 52.26 RCW (the "Annexation"), the City
shall annex into the RFA on the Annexation Date;
WHEREAS, the RFA and the City are authorized, pursuant to Chapter 39.34 of the
Revised Code of Washington, to enter into interlocal cooperation agreements which allow the
RFA and the City to cooperate with each other to provide high quality services to the public in
the most efficient manner possible.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
Purpose. The purpose of this Agreement is to implement the amendments to the
Regional Fire Authority Plan ("RFA Plan") approved by the RFA Board on November 19,
2024 to ensure a smooth and seamless annexation of the City into the RFA.
2. Term. This Agreement shall take effect on the later of (i) the Effective Date, or (ii) the
date that it is either recorded with the Snohomish County Auditor or posted on the
website of either party. If this Agreement is ratified by the governing bodies of the RFA
and the City after the Effective Date, this Agreement shall be effective retroactively as of
the Effective Date, and all acts consistent with this Agreement shall be deemed ratified
by the City and the RFA. This Agreement shall remain in full force and effect unless
otherwise terminated as provided herein; provided, however, that certain provisions of
this agreement may be continued beyond termination as specified by the RFA Plan,
Packet Pg. 39
5.1.b
subsequent agreement, or by statute. This Agreement shall terminate on the earliest of
the following to occur: (i) the Snohomish County Auditor certifies that the annexation
measure failed at the February or April, 2026 election; or (ii) the annexation measure
fails in the February, 2025 election and the City elects not to run another annexation
measure prior to, or at, the April, 2026 election; or (iii) the City fails to timely submit a
resolution to the Snohomish County Auditor in order for the Annexation Measure to be
voted upon on or before the April, 2025 election. If the earliest of these termination
events happens before December 31, 2025, the Original ILA shall remain in effect until
the Original ILA Termination Date.
3. Continued Provision of Fire and Emergency Medical Services by Contract.
3.1 Termination of Original ILA. Pursuant to notice issued by the RFA on December
19th, 2023 (the "Original ILA Termination Notice"), the Original ILA terminates
effective December 31, 2025, or earlier as otherwise provided in this Section 3.
3.2 Annexation Measure Approved in 2025. If the Annexation Measure is approved
at an election in 2025, the Original ILA shall terminate at 11:59 pm on the day
immediately prior to the Annexation Date. However, because the RFA will
continue to provide services to the City beyond the termination date of the
Original ILA, Section 11.7 of the Original ILA --which concerns returning of assets
to the City —shall be ignored.
3.2.1 The RFA will assume the responsibilities outlined in the RFA Plan effective
on the Annexation Date.
3.2.2 Upon such Annexation Date, the RFA shall be entitled to all Transport
Fees for transports originating within the City limits for the balance of 2025
These Transport Fees shall be credited against the 2025 Contract
Payment under the Original ILA. For purposes of this section 3.2.2, the
term "Transport Fee" shall be interpreted in the same manner as the term
is used in the Original ILA.
3.3 Temporary Agreement if Annexation Measure Fails in 2025. If the Annexation
Measure fails in 2025, then, by mutual agreement of the Parties on or before July
1, 2025, the RFA shall, commencing January 1, 2026, provide fire and
emergency medical services to the City pursuant to the Interlocal Agreement for
Temporary Provision of Fire and Emergency Medical Services attached hereto
as Exhibit 3 (the "Temporary ILA").
4. Transfer of Property and Assets. On the date that the City annexes into the RFA, the
City shall transfer title to the following property and assets and, as soon as practicable,
transfer them to the RFA in an "as is, where is" condition:
4.1 Stations 16 and 20. Stations 16 and 20 shall be transferred to the RFA via a Quit
Claim Deed in the form attached hereto as Exhibit 1, which deeds contain a
Packet Pg. 40
5.1.b
reversionary interest in the event that the RFA ceases to use either station as a
fire station.
4.2 Fixtures, Furnishings, Equipment, Etc. All City owned fixtures, furnishings and
equipment and other personal property associated with Stations 16, 17 and 20 (if
any) via a Master Bill of Sale in the form attached hereto as Exhibit 2 (the
"Master Bill of Sale").
4.3 Records and Materials. All reports, documents, surveys, books, records, files,
papers, and electronic or written material that are in the possession of the City
and related to Fire/EMS services (if any) shall be transferred and/or made
available to the RFA as provided herein.
4.4 Other Property and Assets. Any property or assets not referenced in this
Agreement that are owned by the City shall be transferred only by separate,
written agreement between the City and the RFA.
4.5 Station 17. The parties recognize that RCW 52.26.100(2)(a) contemplates that
upon annexing into a regional fire authority, a participating fire protection
jurisdiction will transfer all real property and personal property including cabinets,
furniture, office equipment, motor vehicles, and other tangible property related to
fire protection and emergency services to the regional fire authority. The parties
further recognize that Station 17 is located on the same legal lot of record as
other City departments such that transferring Station 17 to South County Fire
would require a short subdivision to effectuate a transfer. In lieu of undertaking
this subdivision effort, the parties hereby agree to the following terms and
conditions:
4.5.1 The parties shall enter into the Use Agreement attached hereto as
Exhibit 4 which will commence on the date that the City annexes into the
RFA. The Use Agreement shall not require any rent or other
compensation to be paid to the City.
5. Assignments. The City shall, where possible, assign to the RFA all of the City's
interests, duties, rights and obligations with regard to the fire dispatch function in the ILA
with Sno 911.
5.1 The City shall provide advance notice to Sno 911 of the effective date of its
annexation into the RFA and the fact that the RFA intends to accept an
assignment from the City of such contract effective on the Effective Date. The
City shall endeavor to obtain the written consent of Sno 911 in the form of a
written "Assignment" acknowledging the assignment of the City's interests,
duties, rights and obligations in the Sno 911 ILA effective on the Effective Date in
a mutually agreeable form.
Packet Pg. 41
5.1.b
5.2 In the event that the City is unable to obtain Sno 911's consent to the assignment
of the City's interests, duties, rights and obligations in the Sno 911 ILA, the City
shall notify the RFA, in which case the parties shall collaborate to find a solution
that would allow the RFA to continue receiving the benefits from such ILA.
6. Fire Marshal Services. Upon the City's annexation into the RFA, the RFA will perform
fire investigation services for the City as the City's Fire Marshal. Additionally, the RFA
will provide Fire Code Enforcement, Plan Review and Inspection services within the City
boundaries pursuant to the Interlocal Agreement for Fire Code Official Services attached
hereto as Exhibit 5.
7. Further Assurances. In addition to the specific actions described herein, the parties
agree to take such other actions and to reasonably cooperate with each other to
effectuate the RFA Plan and this Agreement.
8. Record Retention and Public Records Act Requests. Inasmuch as all City records
related to Fire/EMS are being transferred to the RFA, the RFA shall be responsible for
maintaining such records in accordance with applicable records retention requirements,
including Chapter 40.14 RCW, and the Washington State Public Records Act, Chapter
42.56 RCW.
8.1 The City shall be solely responsible for responding to Public Records Requests
received by the City that involve public records generated related to the subject
matter of this Agreement; provided, however, that the RFA shall assist, as
necessary, in locating responsive records necessary for the City to fulfill its
statutory duties under RCW 42.56.
8.2 The RFA shall be solely responsible for responding to Public Records Requests
received by the RFA that involve public records generated related to the subject
matter of this Agreement; provided, however, that the City shall cooperate, as
necessary, in providing records necessary for the RFA to fulfil its statutory duties
under RCW 42.56.
9. Dispute Resolution.
9.1 Mediation. If the parties are unable to resolve a dispute, then upon a request by
either party to mediate, the parties shall mutually agree upon a mediator. If the
RFA and City cannot agree upon a disinterested mediator within ten (10)
business days after such request, the City and the RFA shall submit the matter to
the Judicial Arbitration and Mediation Service (JAMS) and request that a
mediator be appointed. This requirement to mediate the dispute may only be
waived by mutual written agreement and is a prerequisite to commencing
litigation of any dispute. Except for unusual reasons beyond the reasonable
control of either party, the mediation shall be completed within ninety (90) days
after the mediator is selected. Any expenses incidental to mediation, including
the mediator's fee, shall be borne equally by the City and the RFA.
0
Packet Pg. 42
5.1.b
9.2 Arbitration. If the City and South County Fire are unsuccessful in resolving any
dispute during mediation, either party may demand binding arbitration as
provided herein.
9.2.1 The arbitration shall be conducted by JAMS in Seattle, Washington, or
other a mutually agreeable dispute resolution service. The dispute shall be
governed by the selected arbitration service's Streamlined Arbitration Rules and
Procedures. The Parties shall agree on a JAMS, or other, arbitrator with twenty
(20) days from the date the matter is submitted to JAMS or other dispute
resolution service. In the event that the Parties fail to agree on an arbitrator
within such time, then JAMS or the other dispute resolution service shall be
asked to submit the names of at least three arbitrators. Each party shall have ten
(10) days after receiving the list to strike one name from that list. JAMS, or the
other dispute resolution service, shall select the arbitrator from the names on the
list that have not been struck by either party. The Parties may agree on another
arbitrator in JAMS, another dispute resolution service, or another person at any
time. In the event that JAMS is unable or unwilling to provide an arbitrator and
the Parties cannot otherwise agree, then either party may request the Snohomish
County Superior Court to designate an arbitrator.
9.2.2 The decision of the arbitrator shall be final and binding upon both Parties,
subject only to the right of appeal as provided in Chapter 7.04A RCW; provided,
however, that in arriving at such decision, neither of the Parties nor the arbitrator
shall have the authority to alter this Agreement in whole or in part.
9.2.3 The arbitrator cannot order either party to take action contrary to law.
9.2.4 Each party shall be responsible for its own costs incurred in the
arbitration. The cost of the arbitrator shall be shared equally.
9.2.5 Unless otherwise agreed in writing, this dispute resolution process shall
be the sole, exclusive, and final remedy to or for either party for any dispute
regarding this Agreement, and its interpretation, application, or breach,
regardless of whether the dispute is based in contract, tort, any violation of
federal law, state statute or local ordinance or for any breach of administrative
rule or regulation and regardless of the amount or type of relief demanded.
10. Miscellaneous.
10.1 Exhibits. The attached Exhibits are adopted and incorporated into this
Agreement by this reference.
10.2 RFA Responsible for Compliance with Laws. Although the City is annexing into
the RFA for purposes of fire protection and emergency medical services, it is
recognized that the RFA is a stand-alone and independent legal entity completely
Packet Pg. 43
5.1.b
separate in all purposes from that of the City. Except as otherwise provided for
in this Agreement, the RFA shall be solely legally responsible for all conduct and
services provided by the RFA.
10.3 City and RFA are Independent Municipal Governments. The parties recognize
and agree that they are independent governments. Except for the specific terms
herein, nothing herein shall be construed to limit the discretion of the governing
bodies of each party. Specifically, and without limiting the foregoing, the RFA
shall have the sole discretion and the obligation to determine the exact method
by which the Services are provided to the City.
10.4 Interpretation. This Agreement is intended to implement the RFA Plan as
submitted to the voters of the City for approval and is intended to be construed
harmoniously with such RFA Plan. However, in the event of a conflict between
the terms of this Agreement and the RFA Plan as submitted to the voters for
approval, the terms of the RFA Plan shall control.
10.4.1 Any revisions to Section 12 of the RFA Plan after the RFA Plan
has been submitted to the voters of the City of Edmonds shall not be deemed to
affect the enforceability of the terms and conditions of this Agreement.
10.5 Non -Waiver. No waiver of any act or omission shall operate as a waiver of any
past or future default, or to deprive a party of its right to terminate this Agreement
or be construed to prevent a party from promptly exercising any other right or
remedy it has under this Agreement.
10.6 Notices. Any notice, demand, request, consent, approval, or communication that
either party desires or is required to give to the other party shall be in writing
addressed to the other party at the addresses as follows:
South Snohomish County Fire & Rescue Regional Fire Authority
Attention: Fire Chief
12425 Meridian Ave
Everett, WA 98208
City of Edmonds
Attention: Mayor
City of Edmonds
121 5'" Ave. N.
Edmonds, WA 98020
or such address as may have been specified by notifying the other party of the
change of address. Notice shall be deemed served on the date of actual delivery
or the first attempted delivery as shown on the return receipt if mailed with the
United States Postal Service by certified mail, return receipt requested.
11
Packet Pg. 44
5.1.b
10.7 Drafting. Each party has fully participated in the drafting of this Agreement.
Therefore, this Agreement shall be construed according to its fair meaning
without regard to which party drafted a particular provision.
10.8 Survival. All obligations of either party as provided for in this Agreement shall not
cease upon the termination of this Agreement and shall continue as obligations
until fully performed. All clauses of this Agreement which require performance
beyond the termination date shall survive the termination date of this Agreement.
10.9 Severability. If any section of this Agreement is adjudicated to be invalid, such
action shall not affect the validity of any section not so adjudicated.
10.10 Counterparts. This Agreement maybe executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute
this one Agreement.
10.11 Calendar Days. The word "days" as used in this Agreement shall mean calendar
days unless the context otherwise specifically provides that business days are
intended.
10.12 No Benefit to Third Parties. This Agreement is entered into for the benefit of the
Parties and shall confer no benefits, direct or implied, on any third persons.
Nothing herein shall be construed as creating an exception to the Public Duty
Doctrine.
10.13 Entire Agreement. This Agreement contains all of the understandings between
the parties. Each party represents that no promises, representations, or
commitments have been made by the other as a basis for this Agreement which
have not been reduced to writing herein. No oral promises or representations
shall be binding upon either party, whether made in the past or to be made in the
future, unless such promises or representations are reduced to writing in the form
of a modification to this Agreement executed with all necessary legal formalities
by the respective governing bodies of the City and the RFA.
10.14 Amendments. This Agreement may only be amended or modified by a written
agreement approved and authorized by the legislative authority of each party.
7
Packet Pg. 45
5.1.b
SOUTH SNOHOMISH COUNTY FIRE & CITY OF EDMONDS
RESCUE REGIONAL FIRE AUTHORITY
By: Jim Kenny
Its: Chair
By: Mark Laurence
Its: Vice Chair
By: Mike Rosen
Its: Mayor
ATTEST:
By:
Its:
By: David Chan
Its: Commissioner Approved as to Form:
By: Michael Fearnehough
Its: Commissioner Jeffrey Taraday, City Attorney
By: Micah Rowland
Its: Commissioner
By: Chris Teofilak
Its: Commissioner
By: Edward Widdis
Its: Commissioner
ATTEST:
By: Melissa Blankenship
Its: Executive Assistant
Approved as to form:
Richard A. Davis III, RFA Attorney
H.,
Packet Pg. 46
5.1.b
EXHIBIT 1a
QUITCLAIM DEED
Packet Pg. 47
5.1.b
CSD ATTORNEYS AT LAW P.S.
1500 Railroad Avenue
Bellingham, WA 98225
(360) 671-1796
QUITCLAIM DEED
Grantor(s): CITY OF EDMONDS, a Washington municipal corporation
Grantee(s): SOUTH SNOHOMISH COUNTY FIRE & RESCUE REGIONAL
FIRE AUTHORITY, a Washington municipal corporation
Legal Description:
Tax Parcel No(s):
The Grantor, CITY OF EDMONDS, a Washington municipal corporation, for good and valuable
consideration the receipt of which is hereby acknowledged, and in accordance with WAC 458-
61A-205(1) and (2), does hereby convey and quitclaim to SOUTH SNOHOMISH COUNTY FIRE
& RESCUE REGIONAL FIRE AUTHORITY (the "RFA"), a Washington municipal corporation,
all interest in the real estate commonly known as Station 16, 8429 196th ST SW, Edmonds,
Snohomish County, Washington, which is legally described below, including all after acquired
title, situated in the County of Snohomish, State of Washington:
Restrictive Covenant/Reversionary Interest. The following restrictive covenant and reversionary
interest shall be a covenant encumbering the above -described property (the "Property") and
shall be made a part hereof.
10
Packet Pg. 48
5.1.b
The Property shall be used continuously as an Active Fire Station. In the event the RFA ceases
to operate the Property as an Active Fire Station, title and ownership of the Property shall, in the
sole discretion and option of the City of Edmonds, as evidenced by a written notice letter from
the City to the RFA, revert to City of Edmonds upon payment of fair market value of the Property
as determined by appraisal. The foregoing payment to the RFA shall be reduced by the City's
equity in the Property. The City's equity shall be calculated as the fair market value of the
Property on the date of the City's annexation into the RFA (so long as such as such value has
been established by an MAI appraisal completed within one hundred eighty (180) days following
the effective date of the annexation by an appraiser suitable to the RFA), as annually adjusted
by inflation as measured by the Seattle -Tacoma -Bellevue- CPI-U June to June. The RFA will
not unreasonably withhold its consent of the City's choice of appraiser.
For the purposes of this restrictive covenant, an "Active Fire Station" serving the City of
Edmonds shall mean the capability to use, and the active use of, the Fire Station on the
Property for fire fighters and/or emergency personnel to respond from in order to provide fire
protection, emergency medical services and other related services within the City of Edmonds
and the entire RFA boundaries. All rights, obligations, and reservations shall operate as
covenants running with the land and shall bind Grantee and its successors and assigns in
perpetuity.
Upon reversion of the Property to the City of Edmonds, this restrictive covenant to use the
Property as an Active Fire Station shall be of no force or effect.
Dated this day of 2025.
STATE OF WASHINGTON
ss.
COUNTY OF WHATCOM
CITY OF EDMONDS
By: Mike Rosen
Its: Mayor
On this day personally appeared before me MIKE ROSEN known to be the MAYOR of
the CITY OF EDMONDS and on oath verified that he was authorized to execute this document
on behalf of the corporation for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of 12025.
Print Name:
11
5.1.b
[NOTARY SEAL]
[NOTARY BLOCK]
Richard A. Davis III, RFA Attorney
NOTARY PUBLIC in and for the
State of Washington, Residing at
My Commission Expires:
12
Packet Pg. 50
5.1.b
EXHIBIT 1b
QUIT CLAIM DEED
13
Packet Pg. 51
5.1.b
CSD ATTORNEYS AT LAW P.S.
1500 Railroad Avenue
Bellingham, WA 98225
(360) 671-1796
QUITCLAIM DEED
Grantor(s): CITY OF EDMONDS, a Washington municipal corporation
Grantee(s): SOUTH SNOHOMISH COUNTY FIRE & RESCUE REGIONAL
FIRE AUTHORITY, a Washington municipal corporation
Legal Description:
Tax Parcel No(s):
The Grantor, CITY OF EDMONDS, a Washington municipal corporation, for good and valuable
consideration the receipt of which is hereby acknowledged, and in accordance with WAC 458-
61A-205(1) and (2), does hereby convey and quitclaim to SOUTH SNOHOMISH COUNTY FIRE
& RESCUE REGIONAL FIRE AUTHORITY (the "RFA"), a Washington municipal corporation,
all interest in the real estate commonly known as Station 20, 23009 88th Avenue W, Edmonds,
Snohomish County, Washington, which is legally described below, including all after acquired
title, situated in the County of Snohomish, State of Washington:
Restrictive Covenant/Reversionary Interest. The following restrictive covenant and reversionary
interest shall be a covenant encumbering the above -described property (the "Property") and
shall be made a part hereof.
14
Packet Pg. 52
5.1.b
The Property shall be used continuously as an Active Fire Station. In the event the RFA ceases
to operate the Property as an Active Fire Station, title and ownership of the Property shall, in the
sole discretion and option of the City of Edmonds, as evidenced by a written notice letter from
the City to the RFA, revert to City of Edmonds upon payment of fair market value of the Property
as determined by appraisal. The foregoing payment to the RFA shall be reduced by the City's
equity in the Property. The City's equity shall be calculated as the fair market value of the
Property on the date of the City's annexation into the RFA (so long as such as such value has
been established by an MAI appraisal completed within one hundred eighty (180) days following
the effective date of the annexation by an appraiser suitable to the RFA), as annually adjusted
by inflation as measured by the Seattle -Bellevue -Tacoma CPI-U June to June. The RFA will not
unreasonably withhold its consent of the City's choice of appraiser.
For the purposes of this restrictive covenant, an "Active Fire Station" serving the City of
Edmonds shall mean the capability to use, and the active use of, the Fire Station on the
Property for fire fighters and/or emergency personnel to respond from in order to provide fire
protection, emergency medical services and other related services within the City of Edmonds
and the entire RFA boundaries. All rights, obligations, and reservations shall operate as
covenants running with the land and shall bind Grantee and its successors and assigns in
perpetuity.
Upon reversion of the Property to the City of Edmonds, this restrictive covenant to use the
Property as an Active Fire Station shall be of no force or effect.
Dated this day of 2025.
CITY OF EDMONDS
By: Mike Rosen
Its: Mayor
15
Packet Pg. 53
5.1.b
STATE OF WASHINGTON
ss.
COUNTY OF WHATCOM
On this day personally appeared before me MIKE ROSEN known to be the MAYOR of
the CITY OF EDMONDS and on oath verified that he was authorized to execute this document
on behalf of the corporation for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of 2025.
[NOTARY BLOCK]
Print Name:
NOTARY PUBLIC in and for the
State of Washington, Residing at
My Commission Expires:
W.
Packet Pg. 54
5.1.b
W:/:114111V
MASTER BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the South
Snohomish County Fire & Rescue Regional Fire Authority Plan, and other good and valuable
consideration, the City of Edmonds ("City") does hereby convey, grant, bargain sell, assign and
transfer to the South Snohomish County Fire & Rescue Regional Fire Authority (the "RFA") all
fixtures, furnishings, equipment, and other personal property owned by the City in Fire Stations
16, 17 and 20. Considering that these Stations have been exclusively occupied by the RFA
since 2009, most furnishings, equipment and other personal property are owned by the RFA
and therefore, a specific itemization is not included with this Master Bill of Sale.
These assets are conveyed to the RFA "as is" and "where is" without any warranty of
fitness or merchantability expressed or implied.
The City hereby warrants that it has good and legal title to said assets and that the
above assets are sold free and clear of all liens, security interests and encumbrances of any
kind and nature.
IN WITNESS WHEREOF, the City and RFA have hereunto set their signatures, hand
and seal this day of , 2025.
CITY OF EDMONDS
By: Mike Rosen
Its: Mayor
ACCEPTED BY:
SOUTH SNOHOMISH COUNTY FIRE &
RESCUE REGIONAL FIRE AUTHORITY
By: Bob Eastman
Its: Fire Chief
17
Packet Pg. 55
5.1.b
EXHIBIT 3
INTERLOCAL AGREEMENT FOR TEMPORARY PROVISION OF
FIRE AND EMERGENCY MEDICAL SERVICES
I
Packet Pg. 56
5.1.b
EXHIBIT 4
CITY OF EDMONDS
USE AGREEMENT WITH SOUTH SNOHOMISH COUNTY
FIRE & RESCUE REGIONAL FIRE AUTHORITY FOR FIRE STATION 17
19
Packet Pg. 57
5.1.b
EXHIBIT 5
INTERLOCAL AGREEMENT BETWEEN
SOUTH SNOHOMISH COUNTY FIRE & RESCUE REGIONAL FIRE AUTHORITY
AND THE CITY OF EDMONDS FOR FIRE CODE OFFICIAL SERVICES
20
Packet Pg. 58
5.1.c
INTERLOCAL AGREEMENT FOR TEMPORARY PROVISION OF
FIRE AND EMERGENCY MEDICAL SERVICES
THIS INTERLOCAL AGREEMENT by and between SOUTH SNOHOMISH COUNTY
FIRE & RESCUE REGIONAL FIRE AUTHORITY, a Washington municipal corporation (the
"RFA") and the CITY OF EDMONDS, a Washington city (the "City") is for the provision of fire
and emergency medical service operations.
WHEREAS, the City has received fire and emergency medical services (the "Services")
from the RFA pursuant to a Revised and Restated Interlocal Agreement for Fire and Emergency
Medical Services dated January 26, 2017 ("Original ILA") which terminates on December 31,
2025 ("Original ILA Termination Date");
WHEREAS, the parties desire for the RFA to continue providing the Services to the City
following the Original ILA Termination Date;
WHEREAS, the City will, not later than the April 22, 2025 special election, submit to the
voters a measure ("Annexation Measure") for the City to annex into the RFA effective August 1,
2025 (the "Annexation Date");
WHEREAS, until such time as the City annexes into the RFA, the City requires the
temporary provision of fire and emergency medical services from the RFA; and
WHEREAS, the RFA is willing to contract with the City to provide fire and emergency
medical services to the City as a temporary measure to enable the City additional time and
opportunity to have a new annexation measure approved by the voters of the City; and
WHEREAS, the RFA and the City are authorized, pursuant to Chapter 39.34 of the
Revised Code of Washington, to enter into interlocal cooperation agreements which allow the
RFA and the City to cooperate with each other to provide high quality services to the public in
the most efficient manner possible.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the City and RFA hereto agree as follows:
DEFINITIONS
The following definitions shall apply throughout this ILA.
a. City: City of Edmonds.
b. City Fire Stations: Fire Stations 16, 17 and 20.
C. Commencement Date: January 1, 2026
d. Contract Payment: The amount that the City shall pay to the RFA pursuant to
this ILA.
Packet Pg. 59
5.1.c
e. RFA: South Snohomish County Fire & Rescue Regional Fire Authority.
Effective Date: Upon mutual execution of the Parties.
g. RFA Fire Chief: The Fire Chief of the RFA.
h. Firefighters: Full-time, compensated employees, captains, firefighters,
emergency medical technicians, and/or paramedics.
Insurance: The term "insurance" as used in this ILA means either valid
insurance offered and sold by a commercial insurance company or carrier
approved to do business in the State of Washington by the Washington State
Insurance Commissioner or valid self-insurance through a self-insurance pooling
organization approved for operation in the State of Washington by the
Washington State Risk Manager or any combination of valid commercial
insurance and self-insurance pooling if both are approved for sale and/or
operation in the State of Washington.
Law: The term "law" refers to state and federal statutes and regulations. Unless
expressly identified herein, City ordinances, codes and resolutions shall not be
considered "law."
k. Material Breach: A Material Breach means the RFA's failure to provide
minimum staffing levels as described within this ILA, the City's failure to timely
pay the Contract Payment as described within this ILA, or the City's or RFA's
failure to comply with other material terms of this ILA.
Wind -Up Period: Except in the context of Material Breach, the 12 months
immediately following notice of termination.
2. SCOPE OF SERVICES
2.1 Services Provided. The RFA shall provide all services necessary for fire
suppression, emergency medical service, hazardous materials response,
technical rescue, and disaster response to a service area covering the corporate
limits of the City of Edmonds. In addition, the RFA shall provide support services
including, but not limited to, fire prevention and life safety, public education,
public information, and fleet maintenance, payroll and finances, human
resources, and legal and risk management pertaining to the operations and
delivery of the RFA's services.
2.2 Training, Education, and Career Development. The RFA shall provide training
and education to all firefighter and emergency medical service personnel in
accordance with State, County and local requirements.
2.3 City Fire Chief. The RFA Fire Chief shall be designated as the City Fire Chief
for purposes of statutory provisions, regulations and the Edmonds City Code.
2.4 Fire Marshal Services as Set Forth in Separate Agreement. Upon execution
of a separate interlocal agreement for fire marshal services, the RFA Fire Chief
Packet Pg. 60
5.1.c
will designate an individual to serve as City Fire Marshal and shall assign
necessary personnel to support the functions and needs of the Fire Marshal as
mutually agreed to and funded by the City. Such agreement will provide for the
City Fire Marshal and Fire Inspector to perform all of the customary roles and
duties associated with their positions: fire prevention; fire investigation; code
development, application, interpretation, and enforcement; permit processes;
plans review; records retention, response to public records requests and other
legal summons; fire and life safety public education; and other duties as assigned
in the City. The agreement will also provide for the City to pay a fee to the RFA
to cover the proportionate labor cost of the personnel performing such services
based on the percentage of their work schedule devoted to the City, plus a
mutually agreed upon administrative fee.
3. STANDARDS FOR SERVICES/STAFFING
3.1 Fire Station Staffing. The City Fire Stations shall be staffed 24 hours per day,
seven days per week with a minimum of eleven firefighters.
3.2 Staffing Exceptions. Exceptions to the staffing requirements herein may occur
in those unusual circumstances where there is a significant emergency event(s)
in the RFA, the City, or other areas which are under a mutual aid agreement.
3.3 Concurrent Emergencies. It is understood and agreed by the parties that the
dispatch of units during concurrent emergencies is determined by protocols of
the dispatch centers, automatic and mutual aid agreements. Nothing herein shall
require the RFA to respond first to the City of Edmonds as opposed to other
areas protected by the RFA. Rather, the parties recognize that responses to
concurrent emergencies shall be determined by the RFA based upon the RFA's
operational judgment and without regard to where the concurrent emergencies
occur.
3.4 Change in Level of Services. Should the City desire to increase the level of
services the RFA provides under this Agreement, the parties shall equitably
renegotiate the Contract Payment.
4. USE OF CITY FIRE STATIONS
4.1 Use of City Fire Stations. The City shall retain ownership of City Fire Stations
during the term of this Agreement and shall make them available for use by, and
at no charge to, the RFA pursuant to the terms set forth in Exhibit B.
5. ANNUAL CONTRACT PAYMENT AND TRANSPORT FEES
5.1 Annual Contract Payment. The City shall pay the RFA a sum referred to as the
Contract Payment for the services provided herein. The Contract Payment is
calculated annually in the manner forth on Exhibit A (which exhibit shows the
calculation for 2026) and shall be paid in equal monthly installments by the 101h
day of each month; provided, however, that by mutual agreement of the Fire
Chief and the Mayor, the Contract Payment may be paid quarterly with payments
due on or before January 1, April 1, July 1 and October 1. Failure to pay
3
Packet Pg. 61
5.1.c
installments in a timely manner shall be considered a Material Breach as defined
in the Definitions section of this ILA. The RFA will issue invoices at least thirty
(30) days in advance of the due date for an installment. Delinquent invoices will
bear interest at the rate of 1 % per month.
5.1.1. No later than September 1, 2025 and each September 1 thereafter,
the RFA shall submit to the City an estimated invoice for the Contract
Payment for the ensuing year. This estimate will be trued up when the
county accessor's data is available for the final contact cost to be
calculated. At that time, if the actual monthly installment payments
exceed the monthly payments the City has already made according to the
estimate, the City shall pay the previous shortfalls with its next monthly
payment. Conversely, if the actual monthly payment is less than the
monthly installment payments already made by the City, the City shall
receive a credit for the overpayment(s) against the next monthly
installment(s). The cost of Fire Marshal services provided via a separate
agreement will be added to the invoice for the Contract Payment.
5.1.2 If a service level change requiring an adjustment in the Contract Payment
occurs on a date other than January 1, the Contract Payment shall be
adjusted on the effective date of the service level change, and the
monthly installment payments shall be adjusted accordingly.
5.2 Contract Payment Adjustment. The Contract Payment shall be adjusted
annually on January 1 commencing on January 1, 2027.
5.3 Annexation. The City's Urban Growth Area contains property within the
boundaries of the RFA. If the City annexes area within the RFA, the Contract
Payment due from the City shall be increased to account for any annexed
properties located within any RFA's taxing jurisdiction. The Contract Payment
increase shall be the amount necessary to match the levy amount and Benefit
Charge the RFA would collect from the annexed properties as if such properties
were within the taxing jurisdiction of the RFA. The increase in the Contract
Payment shall occur on the first month on which the RFA is no longer entitled to
collect non -delinquent tax revenue from the annexed area pursuant to RCW
35.13.270(2).
5.4 Significant Change in Cost of Providing Services. In the event that there is a
material and significant increase or decrease in the costs of providing services
under this ILA because the RFA was required to comply with a legislative or
regulatory decision by an entity other than the City, then at the request of either
party, the City and RFA shall renegotiate this ILA and adjust Contract Payment to
fully compensate the RFA for actual costs incurred by the RFA. An example of a
significant increase in cost would be if the state required that fire engines be
staffed with four firefighters per engine instead of three. If the City and RFA are
unable to successfully renegotiate the Contract Payment in this context through
good faith negotiations, then the Dispute Resolution provision of this ILA shall
apply. Failure of either party to participate in, or comply with, the Dispute
Resolution Procedures herein shall be deemed a Material Breach.
4
Packet Pg. 62
5.1.c
5.5 EMS Transport Fees and GEMT. The RFA shall charge fees for the basic life
support and advanced life support transports that it performs. As the EMS
service provider for the City, the RFA shall be entitled to retain all EMS Transport
Fees. The RFA shall also be entitled to retain any GEMT funds it receives as a
result of providing transports from within City limits.
5.6 Creating Unfunded Mandates. The City shall not create any unfunded
mandates for increased service or reporting by the RFA without fully
compensating the RFA for actual costs incurred.
6. ROLLING STOCK (APPARATUS AND VEHICLES)
6.1 The RFA shall provide all apparatus and vehicles necessary to deliver the
services set forth in this Agreement including but not limited to all fire apparatus
and emergency medical service vehicles.
7. EQUIPMENT
7.1 The RFA shall provide all equipment necessary to deliver the services in this
Agreement including but not limited to all material and equipment necessary to
provide fire and emergency medical services to the City.
8. OVERSIGHT AND REPORTING
8.1 Agreement Administrators. The RFA Fire Chief and the Mayor and/or their
designees, shall act as administrators of this ILA for purposes of RCW
39.34.030. The RFA Fire Chief shall present an annual report covering the
previous calendar year to the Edmonds City Council prior to March 1.
8.2 Representation on Intergovernmental Boards. The RFA shall represent the
City on intergovernmental boards or on matters involving the provision of
services under this ILA as reasonably requested by the Mayor. The City
reserves the right to represent itself in any matter in which the interests of the
City and the RFA are not aligned or whenever any matter relates to the
appropriation of or expenditure of City funds beyond the terms of this ILA.
9. EXISTING AGREEMENTS
9.1 DEM, SNO 911 and SERS. The City currently has contractual relationships with
other entities or agencies including the Department of Emergency Management
(DEM) (or successor) and SNO 911. The City shall maintain its representation
and financial obligations with those entities or agencies and will act to represent
itself and retain authority to negotiate on its behalf. At the discretion of the City,
the RFA may provide representation on behalf of the City on various committees,
boards, and/or commissions as requested, as appropriate, and/or as agreed to
by mutual agreement of the parties. The parties shall meet to address any
changes to the foregoing entities that result in a change to the City's
representation or financial obligations. During the term of this Agreement, the
RFA will pay the periodic fire related payment obligations of the City of Edmonds
interlocal agreement with Sno911.
5
Packet Pg. 63
5.1.c
9.2 Full Information as Basis for Relationship. The City and RFA agree to
coordinate their individual relationships with other entities and agencies so that
the services under this ILA will be provided in an efficient and cost-effective
manner. The City and RFA agree to keep each other fully informed and advised
as to any changes in their respective relationships with those entities or
agencies, whether or not those changes impact the City and/or the RFA
obligations.
10. TERM OF AGREEMENT
10.1 One -Year Agreement. This Agreement shall be effective upon the last date of
signature by either Party and recording of the Agreement with the Snohomish
County Auditor or posting of the Agreement on the website of either party. The
Commencement Date of the Agreement shall be January 1, 2026. This ILA shall
terminate on the earlier of the following: December 31, 2026 (the "Expiration
Date") or the effective date of the annexation of the City into the RFA. In the
event the effective date of the annexation is August 1, 2026, or earlier, the City
shall nevertheless pay the balance of the Contract Payment for 2026 in
recognition of the fact that the RFA will not collect tax revenue from the City until
2027. The ILA may be renewed beyond the Expiration Date for additional one
(1)-year terms only by mutual agreement of the Parties.
10.2 Material Breach and Wind -Up Period. In the event of a Material Breach of this
ILA, the City and RFA shall, unless the City and RFA mutually agree otherwise,
continue to perform their respective obligations under this ILA for up to twelve
(12) months after notice of the Material Breach (the "Wind -Up Period") provided,
however, that the Wind -Up Period shall be (i) ninety (90) days if the Material
Breach involves the City's failure to make the Contract Payment; provided
further, that during the Wind -Up Period, the City and RFA shall coordinate their
efforts to prepare for the transition to other methods of providing fire and EMS
services to the City. The City shall be responsible for all Contract Payment
installments required herein until the conclusion of the Wind -Up Period.
11. TERMINATION AND RETURN OF ASSETS
11.1 Termination Costs. Except as otherwise provided herein, the costs associated
with terminating this ILA shall be borne equally between the parties, or in the
event of a Material Breach, by the breaching party, provided that in the following
circumstances, the cost of termination shall be apportioned as provided below.
11.1.1 Termination Due to Change in Law or by Mutual Agreement. In the event
that this ILA is terminated due to a change in law or by mutual agreement,
each party shall bear its own costs associated with the termination.
11.2 Duty to Mitigate Costs. The City and RFA have an affirmative duty to mitigate
their respective costs of termination, irrespective of the party who elects to
terminate this ILA and irrespective of the party who must bear the costs of
termination.
6
Packet Pg. 64
5.1.c
11.3 Disposition of Assets to the City. If this Agreement is terminated for any
reason other than the annexation of the City into the RFA (in which case the
disposition of assets will be determined by the RFA Plan and/or other
agreement), the City and RFA agree to the following disposition of assets and
equipment upon termination:
11.3.1 City Owned Assets. Any assets owned by the City on the Termination
Date shall be returned to the possession of the City or purchased by the
City as provided below:
a. Like assets purchased by and transferred to Snohomish County Fire
District No. 1 (the "District') as part of the Interlocal Agreement for Fire and
Emergency Medical Services dated November 3, 2009, shall be purchased by
the City as described below.
(i) Rolling Stock. All rolling stock in use by the RFA at the City
Fire Stations at the time of termination may be purchased back at a price
that considers the fair market value of the asset and any adjustments to
fair market value that would be fair and equitable, including, for example,
City contributions to apparatus replacement, costs incurred by the District
for acquisition, maintenance, and repair, depreciation, etc.
(ii) Equipment. All equipment in use by the RFA at the City Fire
Stations at the time of termination shall be purchased back at fair market
value.
b. RFA Owned Equipment. Upon the Termination Date, the RFA may
remove any RFA owned equipment from the City Fire Stations.
c. RFA Owned Rolling Stock. The City may, with the concurrence of the
RFA, purchase any rolling stock owned by the RFA which is stationed at
the City Fire Station. Such purchase shall be at fair market value.
11.3.2 Fair Market Value Determination. The purchase price for any equipment
or rolling stock which is to be purchased by the City at fair market value
shall be agreed upon by the parties or, in the absence of agreement, such
equipment shall be appraised by a mutually agreed upon third party who
has experience in valuing such equipment.
11.3.3 Payment. The purchase price for equipment purchased by the City shall
be paid within sixty (60) days following the Termination Date. The
purchase price for any rolling stock shall be paid on terms and conditions
mutually agreed to by the parties but shall not exceed _ months.
7
Packet Pg. 65
5.1.c
12. CITY AND DISTRICT ARE INDEPENDENT MUNICIPAL GOVERNMENTS
12.1 Independent Governments. The City and RFA recognize and agree that the
City and RFA are independent governments. Except for the specific terms
herein, nothing herein shall be construed to limit the discretion of the governing
bodies of each party. Specifically, and without limiting the foregoing, the RFA
shall have the sole discretion and the obligation to determine the exact method
by which the services are provided within the RFA and within the City unless
otherwise stipulated within this ILA.
12.2 Resource Assignments. The RFA shall assign the resources available to it not
regarding internal political boundaries, but rather based upon the operational
judgment of the RFA as exercised within the limitations and obligations of
Sections 2.4 through 2.8.
12.3 Debts and Obligations. Neither the City nor RFA, except as expressly set forth
herein or as required by law, shall be liable for any debts or obligations of the
other.
13. INSURANCE
13.1 Maintenance of Insurance. For the duration of this ILA, each Party shall
maintain insurance as follows: Each party shall maintain its own insurance policy
or policies insuring damage to its real and personal property, vehicles, and
equipment, if any. The City shall maintain an insurance policy insuring against
liability for accidents occurring on City -owned property. Such insurance policy
shall be in an amount not less than two million dollars ($2,000,000.00) per
occurrence with a deductible of not more than five thousand dollars ($5,000.00).
The RFA shall maintain an insurance policy insuring against liability arising out of
work or operations performed by the RFA under this ILA in an amount not less
than two million dollars ($2,000,000.00) per occurrence with a deductible of not
more than five thousand dollars ($5,000.00).
13.2 Hold Harmless. To the extent each party's insurance coverage is not voided,
each party agrees to defend, indemnify and hold harmless the other party, its
officers, officials, employees and volunteers from any and all claims, costs,
including reasonable attorneys' and expert witness fees, losses and judgments
arising out of the negligent and intentional acts or omissions of such party's
officers, officials, employees and volunteers in connection with the performance
of the Agreement or the ILA. The provisions of this section shall survive the
expiration or termination of the Agreement and the ILA.
13.3 Mutual Waiver of Claims. The RFA and City each release and relieve the other,
and waive their right of recovery against the other, for loss or damage to the City
Fire Station or any jointly owned property (if any) which arises out of the
occurrence of any peril normally insured against in a standard "all risk" physical
damage insurance policy and/or automobile physical damage insurance policy
with comprehensive coverage. Each Party shall have its respective insurer
endorse the applicable insurance policies to reflect the foregoing waiver,
provided that such endorsement shall not be required if the applicable insurance
8
Packet Pg. 66
5.1.c
policy permits the named insured to waive rights of subrogation on a blanket
basis and the Parties disclose such waiver in writing, in which case such blanket
waiver shall be acceptable.
14. DISPUTE RESOLUTION
It is the intent of the City and RFA to resolve all disputes between them without litigation.
In the event that any dispute between the City and RFA cannot be resolved by good faith
negotiations between the City and RFA, then the dispute resolution provision of this ILA
shall apply. Excluded from these dispute resolution provisions are issues related to the
legislative authority of the Edmonds City Council to make budget and appropriation
decisions, decisions to contract, establish levels of service or staffing as provided herein
and Chapter 35.103 RCW and other policy matters that state law vests with the City
Council. The above exclusions from the dispute resolution process shall not abridge the
right of the RFA to pursue an increase in the Contract Payment as a result of any
decision which, itself, is not subject to the Dispute Resolution provisions of this ILA.
Nothing herein shall prevent either party from providing notice of termination of the ILA
for a Material Breach prior to completion of the dispute resolution processes described
below; however, such notice shall not affect any obligations to proceed with the Dispute
Resolution provisions.
14.1 Mediation. Upon a request by either party to mediate a dispute that is subject to
the Dispute Resolution provisions, the parties shall mutually agree upon a
mediator. If the City and RFA cannot agree upon a mediator within ten (10)
business days after such request, the City and RFA shall submit the matter to the
Judicial Arbitration and Mediation Service (JAMS) and request that a mediator be
appointed. This requirement to mediate the dispute may only be waived by
mutual written agreement before a party may proceed to litigation as provided
within this ILA. Except for unusual reasons beyond the reasonable control of
either party, mediation shall be completed within ninety (90) days after the
mediator is selected. Any expenses incidental to mediation, including the
mediator's fee, shall be borne equally by the City and RFA.
14.2 Litigation. In the event that a dispute cannot be resolved following mediation,
either party may file an action in Superior Court. Jurisdiction and venue for such
actions shall lie exclusively in Superior Court for Snohomish County,
Washington. The party substantially prevailing in any such action or proceeding
shall be awarded its reasonable costs and attorneys' fees.
15. MISCELLANEOUS PROVISIONS
15.1 Noticing Procedures. All notices, demands, requests, consents and approvals
which may, or are required to be given by any party to any other party hereunder,
shall be in writing and shall be deemed to have been duly given if delivered
personally, sent by electronic mail (provided a read receipt is obtained by the
sender), sent by nationally recognized overnight delivery service, or if mailed or
deposited in the United States mail, sent by registered or certified mail, return
receipt requested and postage prepaid to:
9
Packet Pg. 67
5.1.c
RFA Secretary: City Clerk:
South Snohomish County Fire & City of Edmonds
Rescue Regional Fire Authority 121 5' Ave
12425 Meridian Avenue Edmonds, WA 98020
Everett, WA 98208
Or, to such other addresses as the foregoing City and RFA hereto may from
time -to -time designate in writing and deliver in a like manner. All notices shall be
deemed complete upon actual receipt or refusal to accept delivery. Facsimile or
electronic transmission of any signed original document and retransmission of
any signed facsimile or electronic transmission shall be the same as delivery of
an original document.
15.2 Other Cooperative Agreements. Nothing in this ILA shall preclude the City and
the RFA from entering into contracts for service in support of this ILA.
15.3 Public Duty Doctrine. This ILA shall not be construed to provide any benefits to
any third parties. Specifically, and without limiting the foregoing, this ILA shall
not create or be construed as creating an exception to the Public Duty Doctrine.
The City and RFA shall cooperate in good faith and execute such documents as
necessary to effectuate the purposes and intent of this ILA.
15.4 Entire Agreement. The entire agreement between the City and RFA hereto is
contained in this ILA and exhibits thereto. This ILA supersedes all of their
previous understandings and agreements, written and oral, with respect to this
transaction. Only those exhibits referenced in this ILA shall continue to be
effective.
15.5 Amendment. This ILA may be amended only by written instrument approved by
the governing bodies of the City and RFA subsequent to the date hereof.
Dated this day of 2024.
SOUTH SNOHOMISH COUNTY FIRE &
RESCUE REGIONAL FIRE AUTHORITY
By: Jim Kenny
Its: Chair
By: Mark Laurence
Its: Vice Chair
CITY OF EDMONDS
By: Mike Rosen
Its: City Mayor
ATTEST:
In
10
Packet Pg. 68
5.1.c
By: David Chan
Its: Commissioner
By: Ed Widdis
Its: Commissioner
By: Micah Rowland
Its: Commissioner
By: Michael Fearnehough
Its: Commissioner
By: Chris Teofilak
Its: Commissioner
ATTEST:
By: Melissa Blankenship
Its: Executive Assistant
Approved as to form:
Richard A. Davis III, RFA Attorney
Its: City Clerk
Approved as to form:
Jeff Taraday, City Attorney
11
Packet Pg. 69
5.1.c
EXHIBIT A
CONTRACT PAYMENT
2026: Contract Payment shall be calculated as the sum of the following:
1. RFA Fire Levy Rate for its 2025 levy (for taxes collected in 2026) multiplied by the
City's assessed valuation.
2. RFA EMS Levy Rate for its 2025 levy (for taxes collected in 2026) multiplied by the
City's assessed valuation.
3. The amount that would be generated by applying the RFA's Benefit Charge formula
(https://www.southsnofire.org/about-us/funding/benefit-charge) to properties within
the City.
12
Packet Pg. 70
5.1.c
EXHIBIT B
USE OF CITY FIRE STATIONS 16,17 AND 20
For as long as the ILA remains in effect, the City hereby grants to the RFA exclusive use and
possession of City Fire Stations on the terms and conditions described below.
1. Fire Station. The City shall provide use of City Fire Stations in "As -Is" condition.
2. No Use Charge. No use charge shall be assessed to the RFA. The parties agree that
the rights and contractual obligations contained within the ILA constitute adequate
consideration for RFA use and possession of the premises.
3. Utilities and Services. The City shall ensure the availability of all utilities necessary for
the use of the premises, to include: water, sewer, garbage, heating, air conditioning,
electrical power, telephone and information technology/system data lines.
3.1 Cost for Utilities. The RFA shall be responsible for the cost of all utilities used
on the premises. If a separate meter is unavailable for any utility that the RFA is
responsible to pay, then the cost shall be equitably apportioned to the RFA in a
manner agreeable to both parties.
4. Conditions and Repairs. The RFA acknowledges that the City Fire Stations have been
continuously used to provide fire and emergency services and that its current condition
is acceptable for the RFA to continue providing fire and emergency services.
5. Improvements. Because it is anticipated that the City will seek to have the voters
approve annexation into the RFA while the RFA is occupying the City Fire Stations, no
major capital improvements to the premises are anticipated during the RFA's tenancy. If
any such major capital improvements are needed, the City shall pay for such
improvements.
6. Removal of Personal Property Upon Termination of Agreement for Reasons Other
than Annexation. Upon termination of this ILA for any reason other than the
annexation of the City into the RFA, the RFA shall remove all non -fixed equipment and
personal property placed upon the premises by the RFA during the period of this ILA
unless those items are subject to purchase by the City as provided in the ILA. Any
personal property not removed from the Fire Stations within 60 days after termination of
this ILA shall become the property of the City.
7. Maintenance of Premises.
7.1 In consideration of retention of the EMS Transport Fees, the parties agree that
maintenance of the City Fire Stations and all improvements thereon is the sole
responsibility of the RFA; provided, however, the City shall ensure that City Fire
Stations have access to all utilities.
7.2 All janitorial services for routine cleaning of the buildings, property and grounds
shall be the responsibility of the RFA.
13
Packet Pg. 71
5.1.c
8. Insurance and Financial Security.
8.1 The parties agree that the City shall not be responsible to the RFA for any
property loss or damage done to the RFA's personal property occasioned by
reason of any fire, storm or other casualty whatsoever beyond the control of the
City beyond the proceeds of any available insurance. The RFA shall insure its
personal property located on the premises.
8.2 The RFA shall not be responsible to the City for any loss or damage to the
building or premises that is not solely caused by the negligence of the RFA. The
City shall insure the City Fire Stations against such loss or damage. The RFA
shall repair any damage to the buildings caused by its sole negligence. In the
event such damage is caused by the parties' concurrent negligence, each party
shall be responsible to repair according to its percentage of fault.
8.3 In the event of a casualty loss that renders the premises reasonably unsuitable
for the use set forth herein, the City shall work in good faith to provide the RFA
with another suitable location(s) for the RFA until such time as the premises have
been repaired. The cost of repairs, and the costs of relocation between the
affected City Fire Station and the substitute location(s), shall be borne by the
City.
9. Indemnification for Environmental Claims. Each party shall indemnify and hold the
other party harmless from any and all claims, demands, judgments, orders, or damages
resulting from the release of hazardous substances on the premises caused in whole or
in part by the activity of the indemnifying party, its agents, employees, licensees or
invitees. The term "hazardous substances" shall mean any substance heretofore or
hereafter designated as hazardous under the Resource Conservation and Recovery Act,
42 U.S.C.Sec. 6901 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Sec.
1257 et seq.; the Clean Air Act, 42 U.S.C. Sec. 2001 et seq.; the Comprehensive
Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601
et. Seq.; or the Hazardous Waste Cleanup -Model Toxic Control Act, RCW 70.105D all
as amended and subject to all regulations promulgated thereunder.
10. Indemnification and Hold Harmless. Each party agrees to protect, save, defend, hold
harmless and indemnify the other party, its officers, employees, volunteers and agents
from any and all demands, claims, judgments, or liability for loss or damage arising out
of accidents, injuries, third party property damage or other loss on the premises,
occasioned by either the negligent or willful conduct of the indemnifying party, regardless
of who the injured party may be. In the event that any accident, injury or loss is the
result of the concurrent negligence of the parties, then each party shall pay its
adjudicated proportionate share of any loss.
11. Termination of Agreement. Upon termination of this ILA or any extension thereof,
whether by expiration of the stated term or sooner termination thereon as provided in the
ILA, the RFA shall surrender to City possession of the City Fire Stations peaceably and
quietly.
12. Default and Remedies.
14
Packet Pg. 72
5.1.c
12.1 Failure of the City to perform or fund repair to the buildings or premises as
described in Section 8 within a reasonable period after notice by the RFA shall constitute
a Material Breach under the terms of this ILA.
12.2 If the City fails to timely perform the repair under the conditions described in
Section 8 above after notification and ninety (90) days to cure, the RFA may
have such repair performed at City expense. The cost of the repair or
maintenance shall be forwarded to the City, which shall pay the cost within thirty
(30) days after notice. Notwithstanding anything to the contrary, the City shall
not be in breach of any repair obligation herein if the repair cannot be completed
within the time set forth herein so long as the City is diligently pursuing
completion of the repairs.
15
Packet Pg. 73
5.1.d
CITY OF EDMONDS
USE AGREEMENT WITH SOUTH SNOHOMISH COUNTY
FIRE & RESCUE REGIONAL FIRE AUTHORITY FOR FIRE STATION 17
THIS USE AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into this day of 12025, by and between the CITY OF EDMONDS
("City") and SOUTH SNOHOMISH COUNTY FIRE & RESCUE REGIONAL FIRE AUTHORITY
("South County Fire").
ARTICLE I
Recitals
1.1 PRELIMINARY STATEMENT: This Agreement is made with reference to the following
facts:
a. The City annexed into South County Fire effective (the "Annexation Date")
b. RCW 52.26.100(2)(a) contemplates that upon annexing into a regional fire authority, a
participating fire protection jurisdiction will transfer all real property related to fire
protection and emergency services to the regional fire authority.
Prior to the Annexation Date, South County Fire has provided fire and emergency
medical services to the City pursuant to the Revised and Restated Interlocal
Agreement for Fire and Emergency Medical Services dated January 26, 2017, and
has utilized Station 17 to provide such services to the City.
d. The parties recognize certain challenges in transferring title to Station 17 to South
County Fire, including but not limited to the fact that Station 17 is located on the same
legal lot of record as other City departments.
e. In lieu of conveying title to Station 17 to South County Fire, the parties hereby enter
into this Use Agreement to allow South County Fire to exclusively use Station 17 for
the provision of fire and emergency medical services.
1.2 DEFINED TERMS:
The following terms shall have the meanings specified in this article, unless otherwise
specifically provided herein. Other terms may be defined in other parts of this
Agreement.
Annexation Date: 2025
Building: Fire Station 17 which is located at 275 6th Ave. N.,
Edmonds, WA 98043
City: City of Edmonds
City's Address: 121 51h Ave
Edmonds, WA 98020
Packet Pg. 74
5.1.d
South County Fire: South Snohomish County Fire & Rescue Regional Fire
Authority.
South County Fire Address: 12425 Meridian Avenue S.
Everett, WA 98208
Premises: Station 17
Property: The legal lot of record on which the Building is located
Authorized Use of
Premises: Fire Station and related purposes.
Exhibits: Exhibit "A" —
Map of Property
Exhibit "B" —
Map of Building
Exhibit "C" —
Description of Premises
Exhibit "Y —
Map of Premises
The above -described exhibits are attached to this Agreement and by this reference are made a
part hereof.
1.3 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 South County Fire agree as follows:
ARTICLE II
Premises and Term
2.1 PREMISES: In consideration of South County Fire's agreement to forego taking title to the
Building on the Annexation Date, the City hereby grants to South County Fire exclusive use
and possession of the Premises on the terms and conditions herein.
2.2 PURPOSE: The purpose of this Agreement is to allow South County Fire exclusive use
and possession of the Premises under the terms and conditions identified herein.
2.3 EFFECTIVE DATE: As provided by RCW 39.34.040, this Agreement shall not take effect
unless and until it has been (1) duly executed by both parties and (2) either filed with the
County Auditor or posted on a website of either party.
2.4 TERM: The term of this Agreement shall commence on the Annexation Date and shall
continue indefinitely and perpetually until South County Fire ceases to use the Premises
for the Authorized Use.
ARTICLE III
Charaes and Utilities
3.1 USE CHARGE: No charge shall be assessed to South County Fire. The parties agree
that the covenants and conditions herein, plus the agreement that the City not be required
to transfer title to the Building, constitute adequate consideration for South County Fire's
use and possession of the Premises.
2
Packet Pg. 75
5.1.d
3.2 UTILITIES AND SERVICES: South County Fire shall be responsible for the payment of all
utilities used on the Premises.
3.2.1 The City will cooperate to ensure the supply of all utilities necessary for the Use
of the Premises, which shall include: water, sewer, garbage, and electrical power.
ARTICLE IV
Use of Premises, Condition of Property,
Improvements, Removal of Property, Maintenance
4.1 AUTHORIZED USE OF THE PREMISES: South County Fire shall be entitled to use the
Premises for a Fire Station and related purposes.
4.2 CONDITION OF BUILDING: South County Fire accepts the Building in an "as is" condition
on the Annexation Date.
4.3 REMOVAL OF PERSONAL PROPERTY: If South County Fire fails to remove any of its
personal property from the Premises within sixty (60) days of the termination of this
Agreement, such property shall revert to the City and the City may dispose of all or any part
of such property in any manner the City shall deem proper.
4.4 MAINTENANCE OF THE BUILDING: South County Fire shall, at its sole cost and
expense, maintain the Building and all improvements thereon, including the landscaping
and the structural parts of the Building (including but not limited to the foundation, bearing
exterior walls, sub -flooring, and roof, electrical, plumbing and sewage systems to the
Building). .
4.5 ALTERATIONS AND IMPROVEMENTS: South County Fire shall be entitled to make
alterations and improvements to the Building which are consistent with the Authorized Use, and
South County Fire shall not be required to obtain City consent before proceeding with such
alterations or improvements.
4.5.1 Upon completion of a capital improvement, South County Fire will notify the City of
the total costs incurred for construction, Architect/Engineering, and permitting.
ARTICLE V
Insurance and Financial Security; Damage
5.1.1 CASUALTY INSURANCE: South County Fire shall insure the Building for casualty loss for
the full replacement value. The City shall at all times be listed as an additional insured by
endorsement on any such policy.
5.1.1 To the extent that insurance cannot be obtained in strict accordance with the terms
in this section, the parties shall promptly meet and confer to reach a resolution
which meets the intent of the parties as expressed in this section as nearly as
possible.
Packet Pg. 76
5.1.d
5.2 CASUALTY LOSS: The parties hereto agree that neither party shall be responsible to the
other for any property loss or damage done to the other's personal property or areas
occupied in the Building occasioned by reason of any fire, storm, or other casualty
whatsoever. It shall be each party's sole responsibility to provide its own protection against
casualty losses of whatsoever kind or nature, and each party waives all claims against the
other, its elected officials, employees and agents for damage to persons or property arising
from any reason except for the negligence or willful misconduct of such party.
5.3 LIABILITY INSURANCE. Each party shall maintain its own liability insurance and/or self-
insurance for its obligations 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). Each Party shall
provide the other with a certificate of insurance or letter of self-insurance annually as the
case may be.
5.4 DAMAGE OR DESTRUCTION In the event the Building and/or Premises are destroyed or
damaged to such an extent as to render the same substantially untenantable, the City shall
repair and/or replace the Building and/or Premises to substantially the same design and
configuration unless otherwise mutually agreed to by the parties; provided, however, that
South County Fire may make internal configuration changes to the Premises without the
necessity of City consent. Due to the essential nature of the facility to serving the City and
its residents, the City shall proceed with the repair and/or replacement of the Premises
and/or Building as expeditiously as possible. In the event insurance proceeds for full
replacement value are insufficient to fully cover the cost of repairs or replacement to
substantially the same design and configuration, the parties shall be equally responsible for
the uninsured costs ; provided, however, that each party shall be responsible for any
portion of such uninsured cost which is solely attributable to any configuration/design
changes made by such party.
ARTICLE VI
Environmental Liability
6.1 INDEMNIFICATION FOR ENVIRONMENTAL CLAIMS: Each party shall release, indemnify
and hold harmless the other party, its commissioners, council members, agents, and
employees from any and all governmental or private claims, costs, expenses, losses,
liabilities, actions, assessments, liens, fines, penalties, demands, judgments, orders, or
damages resulting or arising from the release or threatened release of Hazardous
Substances on, in, above, under, or emanating from the Premises during the period when
such indemnifying party used or occupied the Premises. The term "Hazardous Substances,"
as used herein, shall mean any substance heretofore or hereafter designated as hazardous
or deleterious under the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et
seq.; the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1251 et seq.; the Clean Air
Act, 42 U.S.C. Sec. 7401 et seq.; the Comprehensive Environmental Response
Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601 et seq.; or the Hazardous
Waste Cleanup -Model Toxic Control Act, RCW 70A.305 all as amended and subject to all
regulations promulgated thereunder.
ARTICLE VII
Other Covenants
rd
Packet Pg. 77
5.1.d
7.1 PAYMENT UPON TERMINATION BY SOUTH COUNTY FIRE. The parties acknowledge
that if the City had conveyed title to the Building to South County Fire upon annexation,
South County Fire would be able to recover some, or all, of the investments made in the
Building if and when it elected to sell the Building. The parties also recognize that South
County will make investments in the Building during the term of this Agreement which the
City will benefit from upon termination of this Agreement. Therefore, the parties find that it
is fair and just for South County Fire to be compensated as provided herein upon
termination of this Agreement by South County Fire. The City shall reimburse South
County Fire for the cost of any capital improvements made to the Building, less
depreciation of such capital improvement.. .
7.1.1 For purposes of calculating the foregoing payment, the "cost of a capital
improvement" shall include the following costs: (i) engineering and/or architectural
fees, (ii) cost of construction and (iii) permitting costs.
7.1.2 The City shall make such payment in full within twelve (12) months of the
termination of this Agreement.
ARTICLE VIII
Miscellaneous Provisions
8.1 DEFAULT: South County Fire shall be in default if it materially and substantially fails to
comply with any provision of this Agreement and fails to satisfy such default within one
hundred eighty (180) days or such longer period as may be necessary to cure such default
following written notice from the City which provides specific details of the default and the
necessary steps to be taken to cure such default. In the event of such default which is not
timely cured, and following an unsuccessful mediation, the City may terminate the
Agreement pursuant to Section 8.4.2 or, alternatively, pursue a cause of action for
damages, injunction or other equitable or legal relief.
8.2 INDEMNIFICATION AND HOLD HARMLESS: Each party agrees to protect, save, defend,
hold harmless and indemnify the other party, its officers, employees, and agents from any
and all demands, claims, judgments, or liability for loss or damage arising as a result of
accidents, injuries, or other occurrences on the Property arising out of this Agreement,
occasioned by either the negligent or willful conduct of the indemnifying party, regardless of
who the injured party may be.
8.2.1 Limited Waiver of Immunity Under Washington State Industrial Insurance
Act, Title 51 RCW and Other Similar Industrial Insurance Schemes: The
indemnifying party waives its immunity under Title 51 RCW to the extent it is
required to indemnify, defend and hold harmless the indemnitee under the
foregoing indemnification provision. The foregoing provision was specifically
negotiated and agreed upon by the parties hereto.
8.3 ASSIGNMENT OF AGREEMENT: South County Fire may not assign this Agreement,
except to an entity who assumes the obligations of South County Fire under the Interlocal
Agreement.
8.4 TERMINATION: This Agreement may be terminated as provided in this section.
Packet Pg. 78
5.1.d
8.4.1 Termination by South County Fire. This Agreement will terminate when South
County Fire ceases to use the Building as a fire station. Upon such termination,
South County Fire shall quit and surrender the Premises to the City in a broom
clean state.
8.4.2 Termination by the City. The City may terminate the Agreement upon providing
South County Fire with not less than one (1) years advance notice. If the
Agreement is terminated for this reason, South County Fire shall commence the
process to subdivide the Property so that the Building and its adjacent parking area
as shown on Exhibit A become a legal lot of record which can be conveyed to
South County Fire. The City shall fully cooperate with such subdivision. South
County Fire shall be responsible for all costs associated with this subdivision
process. Upon completion of the subdivision, the City shall transfer the new legal
lot of record to South County Fire for no consideration; provided, however, that the
deed conveying the new legal lot (the "New Lot") to South County Fire will contain
a reversionary interest which provides that in the event the Building ever ceases to
be used as an active fire station, the City may purchase the New Lot by paying to
South County Fire the fair market value of the New Lot, minus the insured
replacement value of the Building existing on the date of Annexation as annually
adjusted by inflation as measured by the Seattle- Bellevue -Tacoma CPI-U June to
June.).
8.4.3 Construction Contribution Funds Repayment. Upon termination of this
Agreement, the City shall repay to South County Fire all Construction Contribution
Funds paid to the City, if any, adjusted by inflation.
8.5 NOTICES: All notices, demands, requests, consents, and approvals which may, or are
required to be given by any party to any other party hereunder, shall be in writing and shall
be deemed to have been duly given if delivered personally, sent by facsimile, sent by a
nationally recognized overnight delivery service, or if mailed or deposited in the United
States mail and sent by registered mail, return receipt requested, postage prepaid to:
South County Fire:
South Snohomish County Fire & Rescue Regional Fire Authority
12425 Meridian Avenue South
Everett, WA 98208
The City:
City of Edmonds
Attention: Mayor
City of Edmonds
121 51" Ave. N.
Edmonds, WA 98020
or to such other address as the foregoing parties hereto may from time -to -time designate
in writing and deliver in a like manner. All notices shall be deemed complete upon actual
receipt or refusal to accept delivery. Facsimile transmission of any signed original
Con
Packet Pg. 79
5.1.d
document and retransmission of any signed facsimile transmission shall be the same as
delivery of an original document.
8.6 QUIET ENJOYMENT: The City covenants that South County Fire shall have quiet
enjoyment of the Premises during the term of this Agreement so long as the terms are
complied with by South County Fire and subject to City's right of entry onto the Premises as
set forth herein.
8.7 CITY MAY ENTER PREMISES: City staff may enter to view the Premises to satisfy any
legal duties the City may have, provided that the City shall do so in such manner as not to
materially interfere with South County Fire's normal and usual operations and upon prior
notice to South County Fire.
8.8 INTERPRETATION: This Agreement has been submitted to the scrutiny of the parties
hereto and their counsel, if desired. In any dispute between the parties, the language of
this Agreement shall in all cases be construed as a whole according to its fair meaning and
not for or against either the City or South County Fire solely on the basis of which party
drafted the provision. If any word, clause, sentence, or combination thereof for any reason
is declared by a court of law or equity to be invalid or unenforceable against one party or
the other, then such finding shall in no way affect the remaining provisions of this
Agreement.
8.9 GOVERNING LAW: This Agreement, and the right of the parties hereto, shall be governed
by and construed in accordance with the laws of the State of Washington, and the parties
agree that in any such action jurisdiction and venue shall lie exclusively in Snohomish
County, Washington.
8.10 PREVAILING PARTY: South County Fire and City hereby agree that if either party resorts
to litigation to enforce this Agreement, the Court, in such litigation, shall award reasonable
costs and expenses, including attorney's fees and costs, incurred to the prevailing party.
8.11 NO JOINT VENTURE: 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.
8.12COMPLIANCE WITH LAWS: The Parties shall always exercise their rights and perform
their respective obligations under this Agreement in full compliance with all applicable laws,
ordinances, rules and regulations of any public authority having jurisdiction.
8.13 ENTIRE AGREEMENT: This Agreement and the Interlocal Agreement contain all of the
understandings between the parties. Each party represents that no promises,
representations, or commitments have been made by the other as a basis for this
Agreement which has not been reduced to writing herein and in the Interlocal Agreement.
No oral promises or representations shall be binding upon either party, whether made in
the past or to be made in the future, unless such promises or representations are reduced
to writing in the form of a modification to this Agreement executed with all necessary legal
formalities by the parties hereto.
7
Packet Pg. 80
5.1.d
DATED this day of , 2025.
SOUTH SNOHOMISH COUNTY FIRE &
RESCUE REGIONAL FIRE AUTHORITY
Jim Kenny, Commissioner/Chair
Michael Fearnehough, Commissioner
David Chan, Commissioner
Edward Widdis, Commissioner
ATTEST:
Melissa Blankenship, Executive Assistant to
The Board of Commissioners.
CITY OF EDMONDS
Mike Rosen, Mayor
Approved as to Form:
Jeffrey Taraday, City Attorney
Mark Laurence, Commissioner/ Vice Chair
Chris Teofilak, Commissioner
Micah Rowland, Commissioner
8
Packet Pg. 81
5.1.d
STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )
On this day personally appeared before me TYPE NAME HER[ to me known to be the
TYPE TITLE HERE of the SOUTH SNOHOMISH COUNTY FIRE & RESCUE REGIONAL
FIRE AUTHORITY, and on oath verified that he/she was authorized to execute this document
on behalf of the District for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of 12025.
Print Name:
NOTARY PUBLIC in and for the
State of Washington, Residing at
My Commission Expires:
[NOTARY SEAL]
STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )
On this day personally appeared before me MIKE ROSEN, to me known to be the
MAYOR of the CITY OF EDMONDS and on oath verified that they were authorized to execute
this document on behalf of the City for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of
[NOTARY SEAL]
2025.
Name:
NOTARY PUBLIC in and for the State of
Washington, residing at
My Commission Expires:
9
Packet Pg. 82
5.1.d
Exhibit "A" — Map of Property
Iu
a *�-_ - It no
to
Packet Pg. 83
5.1.d
Exhibit "B" — Map of Building
11M.0.-U
►WI rat ram:
N
C
O
Q
O
N
d
C,1
d
cn
cn
W
d
L
U-
4—
O
O
.y
N
7
U
N
0
Packet Pg. 84
5.1.d
Exhibit "C" — Description of Premises
Station 17 has both a mezzanine and lower floor. The description of the premises
includes all of the mezzanine and lower floor plan. This includes the apparatus bay to
include the decon room, training room, laundry room, and storage room. It also
includes the living area, which is the rest of the lower floor and consists of 5 sleeping
rooms, day room. kitchen/dinning, storage rooms, offices, Bathrooms, exercise room,
and lobby. The mezzanine includes the mechanical and electrical rooms
12
Packet Pg. 85
5.1.d
19M%01[ ft=RMI
Exhibit "D" — Map of Premises
wwftmptm
13
Q
I�
M
...
-
------------- i
Packet Pg. 86
5.1.e
INTERLOCAL AGREEMENT BETWEEN
SOUTH SNOHOMISH COUNTY FIRE & RESCUE REGIONAL FIRE AUTHORITY
AND THE CITY OF EDMONDS FOR FIRE CODE OFFICIAL SERVICES
This INTERLOCAL AGREEMENT (the "Agreement") is entered into by and between
SOUTH SNOHOMISH COUNTY FIRE & RESCUE REGIONAL FIRE AUTHORITY, a
Washington municipal corporation (the "Authority"), and the CITY OF EDMONDS, a
Washington municipal corporation (the "City"), on this X Day of XXXXX, 2025. The Authority
and the City are individually referred to herein as a "Party" and collectively as the "Parties."
WHEREAS, the City was annexed into the Authority effective XXXXXXXXX, 2025; and
WHEREAS, the Regional Fire Authority ("RFA") Plan contemplates that the City will
contract for fire code official services from the Authority; and
WHEREAS, the RFA recognizes the inherent value of providing Fire Code Official
services to the City inasmuch as such services have a direct impact on firefighter safety; and
WHEREAS, the Authority and the City are authorized, pursuant to Chapter 39.34 of the
Revised Code of Washington ("RCW"), to enter interlocal cooperation agreements to provide
high quality Services, as defined herein, to the public in an efficient manner.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the Parties hereto agree as follows:
1. PURPOSE. The purpose of this Agreement is to ensure high quality and uninterrupted
fire code official services to the residents of the City during the Term of this Agreement, as
noted below.
2. TERM. This Agreement shall commence XXXXXXXXX, 2025 (the "Effective Date") and
will continue until terminated as provided herein (the "Term"). Either Party may terminate this
Agreement for any reason upon not less than twelve (12) months' advance written notice;
provided, however, that neither Party shall issue notice of termination prior to December 31,
2025.
2.1 Termination by Authority for Cause. The Authority may also terminate this
Agreement upon thirty (30) days' notice if the City fails to pay any collected Fire Fees and
Charges, as defined herein, within ninety (90) days of its due date and fails to timely cure prior
to the termination date stated in the notice.
2.2 Termination by City for Cause. If the Authority is in material breach of any
term or condition herein, the City may provide the Authority with a written notice describing the
default in detail. The Authority shall cure such breach within ninety (90) days after receipt of
such notice and shall confer with the City on the steps being taken; provided, however, that the
time for cure shall be extended if the default cannot be cured within ninety (90) days and the
Authority is making a good faith effort to cure such default in a timely manner. If the Authority
fails to timely cure the default as provided in this Section, the City may issue written notice of
termination which shall take effect not less than thirty (30) days following such notice.
INTERLOCAL AGREEMENT - 1
Packet Pg. 87
5.1.e
3. SERVICES. During the Term of this Agreement, the Authority agrees to provide those
fire code official services identified on Exhibit A hereto (the "Services") within the boundaries
of the City, as those boundaries may be adjusted in the future.
4. LEVEL OF SERVICE. The Services shall be provided in such a manner as to maintain
the existing levels of service ("Level of Service") immediately prior to the Effective Date until or
unless a revised scope of services is mutually agreed upon in an amendment to this
Agreement.
4.1 The Services shall be administered in the interest of the City and shall be
performed in a professional and competent manner pursuant to and within the timelines
required of the City's Municipal Code (the "Code"), City policies and procedures, including
applicable customer service standards, and any state or federal laws applicable to the
performance of the Services. The city expectation is that the Fire Code Official position be
assigned full time, to an individual as described in section 7.0 of this document. It is recognized
by both Parties that there are exceptions that will impact turnaround times that shall be taken
into consideration in determining compliance with this Section of the Agreement. Example:
Training Events, Sick Leave, Vacations, Court Dates and Unforeseen needs that could take
priority over daily work. In no instance shall permit issuance exceed one hundred twenty days,
as required by WAC 365-196-845 (10).
4.2 The Authority warrants its staff performing the Services have the requisite
training, skill, and experience necessary to provide the Services and are appropriately
accredited and licensed by all applicable agencies and governmental entities.
4.3 In the event the City, for any reason, determines that it is in the interest of the
City to change the defined Level of Service, the City shall pay the Authority the actual cost
incurred by the Authority in servicing the volume increase. Any modification to the Level of
Service shall be stated in a written amendment to this Agreement specifying the modifications
to the Level of Service and the changes to the payment to the Authority under this Agreement.
In the event substantial volume increases affect the ability of the Authority to meet the defined
Level of Service, the Parties agree to collaborate in the public interest to address adjustments
in the payment under this Agreement and/or Fire Fee and Charge necessary to satisfy the
Level of Service or to make changes to the Level of Service on mutually agreeable terms;
provided, that no adjustment to the payment under this Agreement or Fire Fee and Charge, or
change to the Level of Service shall be effective unless stated in a written amendment to this
Agreement.
4.4 Designees from each Party shall meet on a regular basis, at the request of
either Party, to discuss the Level of Service, the quality of service, Fire Fees and Charges, the
payment under this Agreement, and any other issues arising out of the performance of this
Agreement.
5. PERSONNEL, EQUIPMENT AND OFFICE SPACE.
5.1 The Authority shall be solely responsible for establishing and supplying all
staffing (the "Assigned Authority Personnel") and all equipment necessary to provide the
Services, except for any equipment which the City is expressly required herein to provide. For
the purposes of performing the Services and subject to licensing terms and security
requirements, the parties agree to cooperate and share access to electronic permitting systems
and other electronic systems necessary to coordinate services.
INTERLOCAL AGREEMENT - 2
Packet Pg. 88
5.1.e
5.2 As partial consideration for the Services, the City shall provide the following to
the Authority at no cost: (i) suitable office space within the City for the Assigned Authority
Personnel; and (ii) access to office equipment and supplies reasonably needed to provide the
Services, e.g., computers, internet access, telephones, computer software licenses, etc.
5.3 The City shall provide the Assigned Authority Personnel with access to permit
files and other City records reasonably necessary for the Authority to provide the Services.
6. FIRE FEES AND CHARGES. The Authority reserves the right to collect fees for
existing Building Inspections, using the Authority's equipment and software needed to perform
existing Building Inspections. Fees from Existing Building Inspections will be set in the
mutually agreed Fee Schedule. The City shall collect and remit to the Authority all fees and
charges it collects related to services provided by the Authority under this Agreement, including
plan review, inspections, and enforcement (the "Fire Fees and Charges").
6.1 Payment. All Fire Fees and Charges shall be due and payable to the Authority
within thirty (90) days of the City collecting those amounts. When remitting payment to the
Authority, the City may deduct 5% of the established permit fee for processing costs it incurred
to collect the fees, including but not limited to court costs, attorneys' fees, and payments to
debt collection companies. The City is not required to pay the Authority for uncollected or
unpaid fees. If payment of a collected Fire Fee and Charge is more than thirty (90) days
delinquent, interest shall accrue at the rate of twelve percent (12%) per annum.
6.2 Supporting Documentation. When the City transmits the Fire Fees and
Charges to the Authority, the City shall provide the Authority with supporting documents that
describe the Services for which the money was collected. The Authority has a right to request
an audit of the Fire Fees and Charges no more frequently than once per year. The cost of an
audit requested by the Authority shall be paid by the Authority unless otherwise agreed by the
Parties.
6.3 Schedule of Fire Fees and Charges. By no later than September 1 of each
year, the Authority will submit to the City proposed updates to the Fire Fees and Charges
schedule. Updates to the fee schedule are subjected to City Council approval, which will not
unreasonably be withheld. In the event the City Council does not approve the new Fire Fees
and Charges schedule proposed by Authority, Authority may request discussion of the financial
impacts to the Authority of not having its proposed Fire Fees and Charges schedule approved.
6.4 No Unfunded Mandates. The City shall not create any unfunded mandates for
increased Services or reporting by the Authority without fully compensating the Authority for
actual costs incurred.
7. FIRE CODE OFFICIAL. For purposes of Section 103.2 of the International Fire Code
("IFC"), the City Mayor shall designate the Fire Code Official as defined in Exhibit A. The Fire
Code Official and prevention personnel will perform the functions specified in this Agreement,
the IFC, and any City Code. The City shall retain the full and ultimate authority for code
adoption, interpretation, and enforcement.
7.1 The IFC refers to all applicable Adopted Codes of the IFC and the City's
municipal code.
INTERLOCAL AGREEMENT - 3
Packet Pg. 89
5.1.e
7.2 The Fire Code Official may, from time -to -time, make recommendations to the
City regarding suggested revisions or amendments to the City's Municipal Code. Such
recommendations shall be made according to the process prescribed by the City.
7.3 The Fire Code Official shall provide reports to the Building Code Official or
designee as requested. While the Fire Chief shall have the authority to direct the work of the
Authority employees, the City's Building Code Official or designee shall be kept informed of the
development review work performed by the Authority employees and shall have authority to
provide input to the Fire Chief in setting the desired outcomes of the Fire Prevention staff.
8. FIRE PLAN REVIEW & INSPECTIONS. The following terms and conditions shall apply
with regards to the Plan Review and Inspection Services outlined on Exhibit A:
8.1 All Services provided pursuant to this Exhibit shall be performed in a
professional and competent manner pursuant to and within the timelines required of the Codes,
City policies and procedures, including applicable customer service standards, and any state or
federal laws applicable to the performance of that Service. The Assigned Authority personnel
shall obtain and maintain certifications needed to perform the duties of these Services.
8.2 The Authority personnel assigned to the City shall maintain their operational
training and provide operational support as part of their daily activities as directed by the
Authority. It is recognized by both parties that there are exceptions that arise that impact
turnaround times that shall be taken into consideration in determining compliance with this
section of the Agreement. Operational support could be anything delegated by the Authority for
emergency needs such as EOC Liaison for a major regional event affecting the Authority.
9. FIRE CODE ENFORCEMENT. The following terms and conditions shall apply
regarding those Fire Code Enforcement Services outlined on Exhibit A:
9.1 The City shall be responsible for providing prosecution services and legal
counsel necessary to prosecute any civil or criminal code enforcement issues when
enforcement requires judicial action (including hearing examiner proceedings). Once
enforcement is turned over to the City for judicial action, the City retains independent
prosecutorial discretion as to how or whether to proceed with enforcement action. The City will
also maintain responsibility for any Code compliance activities that require the presence or
involvement of commissioned law enforcement officers. The Assigned Authority Personnel
who inspected the property and found it to be in violation shall appear before any court,
hearing examiner, board, committee, or other body empowered to enforce the provisions of the
IFC to assist the City with enforcing the IFC at the sole cost of the Authority. The Parties
acknowledge that the Authority, by statute, has no duty to enforce any provisions of the Code
or to enforce ordinances of the City except under the terms of this Agreement and the RFA
Plan. Any duty the Authority does have to enforce the Code is not intended to benefit any
specific members of the public. The City agrees that all court costs and other legal costs
incurred in the judicial enforcement of the Code within the City limits shall be paid by the City
and shall not be considered an operating expense of the Authority.
9.2 The Authority will cooperate and coordinate with the City when enforcement
efforts are contested.
INTERLOCAL AGREEMENT - 4
Packet Pg. 90
5.1.e
9.3 The Authority will attend and provide testimony and exhibits at Code compliance
hearings before the City's Hearing Examiner, and upon appeal, if any, to court.
10. RECORDS. All records received, used, or prepared in connection with the Services
shall remain in the custody of the City and shall be maintained in such manner(s) as may be
prescribed by the City. All such records shall be accessible by the Assigned Authority
Personnel to perform the Services. The Authority reserves the right to store records related to
their official duties.
10.1 The City shall be solely responsible for responding to public records requests
received by the City which involve public records generated pursuant to this Agreement;
provided, however, that the Authority and the Assigned Authority Personnel shall assist in a
timely manner, as necessary, in locating responsive records necessary for the City to fulfill its
statutory duties under the Public Records Act, RCW 42.56 ("PRA").
10.2 The Authority shall be solely responsible for responding to public records
requests received by the Authority which involve public records generated pursuant to this
Agreement; provided, however, that the City shall cooperate in a timely manner, as necessary,
in providing records necessary for the Authority to fulfill its statutory duties under the PRA.
10.3 The Parties acknowledge time is of the essence in responding to requests under
the PRA. Further, in the event of a PRA request, the entity receiving the request may provide
the other party with a copy of the Records Request, who shall promptly provide copies of any
responsive records in their possession and cooperate to communicate related timelines for
production.
11. INDEMNIFICATION. Each party shall be liable and responsible for the consequences
of any negligence or wrongful act or failure to act on the part of itself and its employees.
Neither party assumes responsibility for the other party for the consequences of any act or
omission of the other party or of any person, firm, or corporation not a party to this Agreement.
11.1 To the extent permitted by law, the Authority shall indemnify, hold harmless, and
defend 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 ("Claims") of any nature
whatsoever, by reason of negligent or intentional acts or omissions of the Authority, and its
officers, agents, and employees, or any of them, in performing services pursuant to this
Agreement. In the event that any suit based upon such a Claim is brought against the City, the
Authority shall defend the same at its sole cost and expense; provided, however, that the City
retains the right to participate in said suit if any principle of governmental or public law is
involved; and further provided that if final judgment be rendered against the City, and its
officers, agents, and employees, or any of them, or jointly against the City and the Authority,
and their respective officers, agents, and employees, or any of them, for negligent or intentional
acts or omissions of the Authority, the Authority shall satisfy the same; and further provided
that if any such Claim is based on the concurrent negligence of the Parties, then the Authority's
obligation under this Section applies only to the extent of its negligence.
11.2 To the extent permitted by law, the City shall indemnify, hold harmless, and
defend the Authority, and its officers, agents and employees, or any of them, from any and all
claims, actions, suits, liability, loss, costs, expenses, and damages ("Claims") of any nature
whatsoever, by reason of negligent or intentional acts or omissions of the City, and its officers,
agents, and employees, or any of them, in performing services pursuant to this Agreement. In
INTERLOCAL AGREEMENT - 5
Packet Pg. 91
5.1.e
the event that any suit based upon such a Claim is brought against the Authority, the City shall
defend the same, at its sole cost and expense; provided, however, that the Authority retains the
right to participate in said suit if any principle of governmental or public law is involved; and
further provided that if final judgment be rendered against the Authority, and its officers, agents,
and employees, or any of them, or jointly against the Authority and the City, and their
respective officers, agents, and employees, or any of them, for negligent or intentional acts or
omissions of the City, the City shall satisfy the same; and further provided that if any such
Claim is based on the concurrent negligence of the Parties, then the City's obligation under this
Section applies only to the extent of its negligence.
11.3 It is further specifically and expressly understood that the indemnification
provided herein by each party constitutes that party's waiver of immunity under Industrial
Insurance, Title 51 RCW, solely for the purposes of the foregoing indemnification. This waiver
has been mutually negotiated by the Parties.
12. 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 party to the indemnified party. Each Party shall provide the other with a
certificate of insurance or letter of self-insurance upon request.
13. THE CITY AND AUTHORITY ARE INDEPENDENT MUNICIPAL GOVERNMENTS.
The Parties recognize and agree that they are independent governments. No separate legal or
administrative entity is created by this Agreement. Except as expressly provided to the
contrary in this Agreement, any real or personal property acquired or used by either Party in
connection with the performance of this Agreement shall remain the sole property of such
Party, and the other Party shall have no interest therein. Except for the specific terms herein,
nothing herein shall be construed to limit the discretion of the governing bodies of each Party.
Specifically, and without limiting the foregoing, the Authority shall have the sole discretion and
the obligation to determine the exact method by which the Services are provided to the City.
14. ADMINISTRATION OF AGREEMENT. This Agreement shall be administered by the
Authority's Fire Chief and the City Mayor or the City Mayor's designee. The Fire Chief and the
City Mayor or the City Mayor's designee shall meet regularly and at the request of either Party
to ensure the satisfaction of the City with the Services. The City Mayor or the City Mayor's
designee may provide input to the Authority's Fire Chief concerning desired outcomes, quality,
and timeliness of the Services.
14.1 In addition to the foregoing, the Authority will provide such reports in writing or in
person before the City Council as may be reasonably requested by the City Mayor or the City
Mayor's designee for the community to remain informed regarding the Services performed
pursuant to this Agreement.
15. ASSIGNED AUTHORITY PERSONNEL. The Assigned Authority Personnel shall,
always, be Authority employees and shall not be deemed to be loaned employees of the City.
The Authority shall be solely responsible for all compensation due to the Assigned Authority
Personnel, supervision, and discipline. The City shall provide regular feedback to the Fire
Chief pertaining to the performance of the Assigned Authority Personnel. The City shall
immediately notify the Human Resources Director for the Authority concerning any actions by
INTERLOCAL AGREEMENT - 6
Packet Pg. 92
5.1.e
the Assigned Authority Personnel requiring involvement by the Authority's Human Resources
Department. The Authority retains the right to move or reassign employees.
16. DISPUTE RESOLUTION. It is the intent of the Parties herein to attempt to resolve all
disputes between them without litigation. In the event of a dispute, the Parties shall mutually
agree upon a mediator. Any expenses incidental to mediation, including the mediator's fee,
shall be borne equally by the Parties. If the Parties cannot agree upon a mediator, the Parties
shall submit the matter to either the Judicial Arbitration and Mediation Service ("JAMS"),
Judicial Dispute Resolution ("JDR"), or the Washington Arbitration and Mediation Service
("WAMS") and shall request that a mediator be appointed. If the Parties cannot agree on which
of these services to use, one of them shall be selected at random. This requirement to mediate
the dispute may only be waived by mutual written agreement before a Party may proceed to
litigation.
17. GOVERNING LAW AND VENUE. Jurisdiction and venue for any dispute arising out of
this Agreement shall lie exclusively in the Superior Court of Snohomish County, Washington
18. NON -WAIVER. No waiver of any act or omission, including, but not limited to,
acceptance of payment by the Authority, shall (i) operate as a waiver of any past or future
default; (ii) deprive a Party of its right to terminate this Agreement; or (iii) be construed to
prevent a Party from promptly exercising any other right or remedy it has under this
Agreement.
19. NOTICES. Any notice, demand, request, consent, approval, or communication that
either Party desires or is required to give to the other Party shall be in writing addressed to the
other Party at the addresses as follows:
South Snohomish County Fire & Rescue
Regional Fire Authority
Attention: Fire Chief
12425 Meridian Ave. S
Everett, WA 98208
City of Edmonds
Attention: City Mayor
121 51 Ave. N
Edmonds, WA 98020
Or such address as may have been specified by notifying the other Party of the change of
address. Notice shall be deemed served on the date of actual delivery or the first (1st)
attempted delivery as shown on the return receipt if mailed with the United States Postal
Service by certified mail, return receipt requested, or by the receipt from any private delivery
service such as Fed Ex or DHL.
20. DRAFTING. Each Party has fully participated in the drafting of this Agreement.
Therefore, this Agreement shall be construed according to its fair meaning without regard to
which Party drafted a particular provision.
21. SURVIVAL. All obligations of either Party as provided for in this Agreement shall not
cease upon the termination of this Agreement and shall continue as obligations until fully
performed. All clauses of this Agreement which require performance beyond the termination
INTERLOCAL AGREEMENT - 7
Packet Pg. 93
5.1.e
date shall survive the termination date of this Agreement.
22. NON-DELEGATION/NON-ASSIGNMENT. Neither Party may delegate the
performance of any contractual obligation, hereunder to a third party, unless mutually agreed
on in writing. Neither party may assign this agreement without the written consent of the other
party.
23. NO BENEFIT TO THIRD PARTIES. This Agreement shall not be construed to provide
any benefits to any third parties, including but not limited to the employees or volunteers of any
Party. Specifically, and without limiting the foregoing, this Agreement shall not create or be
construed as creating an exception to the Public Duty Doctrine.
24. COMPLIANCE WITH LAW. All Parties to this Agreement shall comply with all
applicable federal, state and local laws, rules and regulations in the performance of this
Agreement. In all Authority services, programs or activities, and all Authority hiring and
employment made possible by or resulting from this Agreement, there shall be no
discrimination by the Authority or their employees, agents, subcontractors or representatives
against any person because of sex, age, (except minimum age and retirement provisions),
race, color, creed, national origin, marital status, religion, sexual orientation or the presence of
any disability, including sensory, mental, or physical handicaps, based upon a bona fide
occupational qualification in relationship to hiring and employment. This requirement shall
apply, but not be limited to the following: employment, advertising, layoff or termination, rates of
pay or other forms of compensation, and selection for training, including apprenticeship. The
Authority shall not violate any of the terms of Chapter 49.60 RCW, Title VI I of the Civil Rights
Act of 1964, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973
or any other applicable federal, state or local law or regulation regarding nondiscrimination.
25. ASSIGNMENT. The Parties to this Agreement may assign any of their duties, rights or
responsibilities under this Agreement without the express written consent of the other Parties.
26. SEPARATE PROPERTY. It is not contemplated that any property, real or personal, will
be acquired by any Party separately or jointly because of this Agreement. No separate fund
shall be established regarding this Agreement. Any acquisition of joint property shall be
subject to a separate Interlocal Agreement executed prior to or at the time of such joint
acquisition. All equipment and property owned or acquired solely by a Party hereto shall
remain the equipment and property of that Party.
27. ENTIRE AGREEMENT. This Agreement contains all the understandings between the
parties. Each Party represents that no promises, representations, or commitments have been
made by the other as a basis for this Agreement which have not been reduced to writing
herein. No oral promises or representations shall be binding upon either Party, whether made
in the past or to be made in the future, unless such promises or representations are reduced to
writing in the form of a modification to this Agreement and executed with all necessary legal
formalities by the legislative authorities of each Party.
28. AMENDMENTS. This Agreement may only be amended or modified by a written
agreement approved and authorized by the legislative authorities of each Party.
29. FILING. Executed copies of this Agreement shall be filed as required by Section
39.34.040 of the Revised Code of Washington prior to this Agreement becoming effective or,
alternatively, posted on the website of each party.
INTERLOCAL AGREEMENT - 8
Packet Pg. 94
5.1.e
30. COUNTERPARTS. This Agreement may be executed in any number of counterparts,
and each such counterpart hereof shall be deemed to be an original instrument, but all such
counterparts together shall constitute but one agreement.
[Signatures on Following Page]
SOUTH SNOHOMISH COUNTY FIRE & CITY OF Edmonds
RESCUE REGIONAL FIRE AUTHORITY
By: Jim Kenny
Its: Chair
By: Mark Laurence
Its: Vice Chair
By: David Chan
Its: Commissioner
By: Ed Widdis
Its: Commissioner
By: Micah Rowland
Its: Commissioner
By: Michael Fearnehough
Its: Commissioner
By: Chris Teofilak
Its: Commissioner
By: Mike Rosen
Its: City Mayor
ATTEST:
By:
Its: City Clerk
INTERLOCAL AGREEMENT - 9
Packet Pg. 95
5.1.e
ATTEST:
By: Melissa Blankenship
Its: Executive Assistant
INTERLOCAL AGREEMENT - 10
Packet Pg. 96
5.1.e
EXHIBIT A
LIST OF SERVICES
PLAN REVIEW, PERMIT REVIEW, AND INSPECTION SERVICES:
The Authority will provide Plan Review, Permit Review and attend Pre -Application Conferences
within the City's boundaries, as those boundaries may be adjusted in the future. The
description of Plan Review, Permit Review and Pre -Application Conferences in this Exhibit A
include, but are not limited to, administration and interpretation of applicable fire codes (Last
Adopted IFC) and the Millcreek Municipal Code ("Code").
The Authority shall provide, in consultation with the City, the following Plan Review,
Investigations, and Inspection Services:
A. Direct the management and supervision of personnel performing the Services.
B. Administer fire prevention programs and activities to include Code inspections and plan
review for Code compliance.
C. Interpret Code as necessary to perform the Services. In the event of ambiguity or conflict
in the Code, the Authority will consult with the City.
D. Approve materials, equipment, and devices used in construction, and the methods of
construction to the extent that approval is required by the Code.
E. Coordinate the collection of fees with the City
F. Maintain records in accordance with state approved retention schedules, route
development applications and plans, and fulfill public record requests consistent with this
agreement.
G. Coordinate with the City to process development plans and Code related permit
application packages in a timely manner consistent with City established customer service goals
and applicable laws. The Authority and the City agree to discuss performance metrics and
timelines for review.
H. Assist City with Code complaints or inquiries from the public to include data entry, file
creation, and routing of information.
I. Schedule and conduct Code inspections for developers or contractors.
J. Recommend and prepare updates to the Code for consideration by the City, including
but not limited to state mandated updates to the International Fire Code.
K. Review and sign voluntary compliance agreements.
L. Perform all other administrative tasks necessary to support Fire Prevention Services for
the City, including all administrative tasks designated by the Code as the responsibility of the
Fire Chief, Fire Marshal, and/or Fire Code Official.
M. Participate in the City's Special Events
INTERLOCAL AGREEMENT - 11
Packet Pg. 97
5.1.e
II — FIRE CODE ENFORCEMENT:
The Authority shall provide the following Fire Code Enforcement Services in the City's
boundaries:
A. Perform inspection duties including, but not limited to, existing building inspections as
required or authorized by the Code, including the inspection of new or relocated businesses for
Code compliance and permit issuance.
B. Assist City with investigating and resolving Code violation complaints or inquiries.
C. Perform all Code enforcement duties of the Fire Marshal, Fire Code Official, and/or Fire
Chief as provided in the Code. Provided, however, the City shall be responsible for providing
prosecution services and legal counsel necessary to prosecute any civil or criminal code
enforcement issues when enforcement requires judicial action (including hearing examiner
proceedings). Once enforcement is turned over to the City for judicial action, the City retains
independent prosecutorial discretion as to how or whether to proceed with enforcement action.
The City will also maintain responsibility for any Code enforcement activities that require the
presence or involvement of commissioned law enforcement officers. The Authority staff who
inspected the property and found it to be in violation shall appear before any court, hearing
examiner, board, committee, or other body empowered to enforce the provisions of the IFC to
assist the City with enforcing the IFC at the sole cost of the Authority. The Parties acknowledge
that the Authority, by statute, has no duty to enforce any provisions of the Code or to enforce
ordinances of the City except under the terms of this Agreement and the RFA Plan. Any duty
the Authority does have to enforce the Code is not intended to benefit any specific members of
the public. The City agrees that all court costs and other legal costs incurred in the judicial
enforcement of the Code within the City limits shall be paid by the City.
D. Coordinate with the City when enforcement efforts are contested and when the City is
undertaking related non -fire code enforcement efforts.
E. Coordinate with the City on post -disaster building and system inspections and/or
evaluations.
F. Approve and/or review fire safety, emergency evacuation, lockdown, shelter -in -place,
and hazardous materials management plans.
G. Assist the City and provide testimony if needed and present exhibits at Code compliance
hearings before the City's Hearing Examiner, and upon appeal, if any, to court.
H. Perform all other tasks related to providing the above Fire Code Enforcement Services
III - GENERAL FIRE PREVENTION MANAGEMENT:
A. Manage the Knox/Supra lock box program.
B. Coordinate with the City to provide timely development review program services,
including answering project inquiries, attending meetings, reviewing plans for Code compliance,
INTERLOCAL AGREEMENT - 12
Packet Pg. 98
5.1.e
and approving plans when in compliance with the Code. The Authority and the City agree to
discuss metrics and timelines for review.
C. Provide development inspection program services to include pre -construction meetings,
inspections, troubleshooting fire protection systems, final acceptance tests, field review of basic
permits, coordination with the Community and Economic Development/Building Code Official for
the issuance of Certificates of Occupancy.
D. Assist and advise the City in its economic development activities to include research of
properties, systems and code requirements for potential projects and existing buildings.
E. Approve hydrant placement on public and private projects.
INTERLOCAL AGREEMENT - 13
Packet Pg. 99
5.1.f
SOUTH COUNTY FIRE
12425 Meridion Ave S., Everett WA 98208
tel (425) 551-1200 • fox (425) 551-1249
www.southsnofire.org
November 25, 2024
Councilmember Tibbott,
Here is the draft Interlocal Agreement you requested.
This draft from the Intergovernmental Committee is intended to assist with your decision -
making process and has not been presented to the full Board of Commissioners.
If you have questions, you can reach out to me directly.
Sincerely,
Ed Widdis
Intergovernmental Committee Chair, Board of Commissioners
South County Fire
SERVING SOUTH SNOHOMISH COUNTY • BRIER • EDMONDS • LYNNWOOD • MILL CREEK • MOUNTLAKE TERRACE
Packet Pg. 100
5.1.f
INTERLOCAL AGREEMENT FOR
FIRE AND EMERGENCY MEDICAL SERVICES
THIS INTERLOCAL AGREEMENT by and between SOUTH SNOHOMISH COUNTY
FIRE & RESCUE REGIONAL FIRE AUTHORITY, a Washington municipal corporation (the
"RFA") and the CITY OF EDMONDS, a Washington city (the "City") is for the provision of fire
and emergency medical service operations.
WHEREAS, the City has received fire and emergency medical services (the "Services")
from the RFA pursuant to a Revised and Restated Interlocal Agreement for Fire and Emergency
Medical Services dated January 26, 2017 ("Original ILA") which terminated on December 31,
2025 ("Original ILA Termination Date");
WHEREAS, the parties desire to have the RFA continue providing Services to the City
following the Original ILA Termination Date;
WHEREAS, the City and RFA agree that a long-term agreement between the City and
the RFA for fire and emergency medical services is beneficial to the City and RFA and their
stakeholders.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the City and RFA hereto agree as follows:
1. DEFINITIONS
The following definitions shall apply throughout this ILA.
a. City: City of Edmonds.
b. City Fire Stations: Fire Stations 16, 17 and 20.
C. Commencement Date: January 1, 2026
d. Contract Payment: The amount that the City shall pay annually to the RFA
pursuant to this ILA.
e. RFA: South Snohomish County Fire & Rescue Regional Fire Authority.
f. Effective Date: Upon mutual execution of the Parties.
g. RFA Fire Chief: The Fire Chief of the RFA.
h. Firefighters: Full-time, compensated employees, captains, firefighters,
emergency medical technicians, and/or paramedics.
i. Insurance: The term "insurance" as used in this ILA means either valid
insurance offered and sold by a commercial insurance company or carrier
approved to do business in the State of Washington by the Washington State
Insurance Commissioner or valid self-insurance through a self-insurance pooling
Packet Pg. 101
5.1.f
organization approved for operation in the State of Washington by the
Washington State Risk Manager or any combination of valid commercial
insurance and self-insurance pooling if both are approved for sale and/or
operation in the State of Washington.
Law: The term "law" refers to state and federal statutes and regulations. Unless
expressly identified herein, City ordinances, codes and resolutions shall not be
considered "law."
Material Breach: A Material Breach means the RFA's failure to provide
minimum staffing levels as described within this ILA, the City's failure to timely
pay the Contract Payment as described within this ILA, or either party's failure to
comply with other material terms of this ILA.
Transport Fees. A transport fee is a charge which the RFA bills to a patient or
their health insurer for providing Basic Life Support (BLS) transport services.
The term "transport fee" does not include any supplemental reimbursement
payments the RFA may receive from the Ground Emergency Medical
Transportation program.
M. Wind -Up Period: Except in the context of Material Breach, the 12 months
immediately following notice of termination.
2. SCOPE OF SERVICES
2.1 Services Provided. The RFA shall provide all services necessary for fire
suppression, emergency medical service, hazardous materials response,
technical rescue, and disaster response to a service area covering the corporate
limits of the City of Edmonds. In addition, the RFA shall provide support services
including, but not limited to, fire prevention and life safety, public education,
public information, and fleet maintenance, payroll and finances, human
resources, and legal and risk management pertaining to the operations and
delivery of the RFA's services.
2.1.1. In addition to the foregoing, the RFA shall pay the periodic fire
related payment obligations of the City's interlocal agreement with
Sno911.
2.2 Training, Education, and Career Development. The RFA shall provide training
and education to all firefighter and emergency medical service personnel in
accordance with State, County and local requirements.
2.3 City Fire Chief. The RFA Fire Chief shall be designated as the City Fire Chief
for purposes of statutory provisions, regulations and the Edmonds City Code.
2.4 Fire Marshal Services as Set Forth in Separate Agreement. Upon execution
of a separate interlocal agreement for fire marshal services, the RFA Fire Chief
will designate an individual to serve as City Fire Marshal and shall assign
necessary personnel to support the functions and needs of the Fire Marshal as
mutually agreed to and funded by the City. Such agreement will provide for the
Packet Pg. 102
5.1.f
City Fire Marshal and Fire Inspector to perform all of the customary roles and
duties associated with their positions: fire prevention; fire investigation; code
development, application, interpretation, and enforcement; permit processes;
plans review; records retention, response to public records requests and other
legal summons; fire and life safety public education; and other duties as assigned
in the City. The agreement will also provide for the City to pay a fee to the RFA
to cover the proportionate labor cost of the personnel performing such services
based on the percentage of their work schedule devoted to the City, plus a
mutually agreed upon administrative fee.
3. STANDARDS FOR SERVICES/STAFFING
3.1 Fire Station Staffing. The City Fire Stations shall be staffed 24 hours per day,
seven days per week with a minimum of eleven (11) personnel.
3.2 Staffing Exceptions. Exceptions to the staffing requirements herein may occur
in those unusual circumstances where there is a significant emergency event(s)
in the RFA, the City, or other areas which are under a mutual aid agreement.
3.3 Concurrent Emergencies. It is understood and agreed by the parties that the
dispatch of units during concurrent emergencies is determined by protocols of
the dispatch centers, automatic and mutual aid agreements. Nothing herein shall
require the RFA to respond first to the City of Edmonds as opposed to other
areas protected by the RFA. Rather, the parties recognize that responses to
concurrent emergencies shall be determined by the RFA based upon the RFA's
operational judgment and without regard to where the concurrent emergencies
occur.
3.4 Change in Level of Services. Should the City desire to increase the level of
services the RFA provides under this Agreement, the parties shall equitably
renegotiate the Contract Payment.
4. USE OF CITY FIRE STATIONS
4.1 Use of City Fire Stations. The City shall retain ownership of City Fire Stations
during the term of this Agreement and shall make them available for use by, and
at no charge to, the RFA pursuant to the terms set forth in Exhibit B. In the event
of a conflict between the provisions of the Agreement and Exhibit B, the
provisions of Exhibit B shall control with respect to the City Fire Stations and
fixtures contained therein.
4.2 Replacement of Station 20. The Parties recognize that Station 20 has reached
the end of its useful life. Unless this Agreement is terminated sooner, the City
shall, at its expense, demolish and rebuild Station 20 on its existing location.
Such work shall be performed in order for the new facility to be occupied no later
than
4.2.1 The City understands that the proper design of a fire station can
significantly improve reaction times; accordingly, the City agrees to solicit, and
3
Packet Pg. 103
5.1.f
reasonably incorporate, recommendations by the RFA or its consultants in
regards to the design of the new facility.
4.2.2 During such time as Station 20 is unavailable, the City shall, at its sole
expense, provide a suitable alternate location and facilities ("Temporary Facility")
for the RFA's response personnel and equipment. In order for the RFA to
maintain response times to areas within Station 20's response area, the
Temporary Facility shall be located as close to the existing station as practical.
The Temporary Facility shall be suitable for housing all rolling stock which is
stationed at Station 20 and shall provide the same amenities (e.g. sleeping
quarters, cooking facilities, shower facilities, etc.) as a fire station.
4.3 Station 16 Upgrades. The Parties recognize that Station 16 requires station
alerting upgrades. The cost of this work was estimated in 2022 to be over
$150,000. The City will complete this work to Station 16 at its expense not later
than
4.4 Station 17 Upgrades.: The Parties recognize that Station 17 requires a
renovation, to include seismic upgrades and station alerting. The cost of this
work was estimated in 2022 to be $791,000. The City will complete this work to
Station 17 at its expense not later than
4.5 The Heights Infill (Value Village) Station. The RFA is considering
construction of a new fire station at the corner of 2161" Street and Highway 99 to
meet the needs of population growth within portions of the City and the RFA.
Approximately half of the population to be served by this fire station would be
City residents. Thus, if the RFA did not provide Services to the City, the RFA
would consider other locations for a new fire station. In light of the benefit to the
City that this new station would provide, the City shall reimburse the RFA
percent (_%) of the design and construction costs associated with
the construction of the Heights Infill Station.
5. ANNUAL CONTRACT PAYMENT AND TRANSPORT FEES
5.1 Annual Contract Payment. The City shall pay the RFA a sum referred to as the
Contract Payment for the services provided herein. The Contract Payment is
calculated annually as forth on Exhibit A (which exhibit shows the calculation for
2026) and shall be paid in equal monthly installments by the 101" day of each
month; provided, however, that by mutual agreement of the Fire Chief and the
Mayor, the Contract Payment may be paid quarterly with payments due on or
before January 1, April 1, July 1 and October 1. Failure to pay installments in a
timely manner shall be considered a Material Breach as defined in the Definitions
section of this ILA. The RFA will issue invoices at least thirty (30) days in
advance of the due date for an installment. Delinquent invoices will bear interest
at the rate of 1 % per month.
5.1.1. No later than September 1, 2025 and each September 1 thereafter,
the RFA shall submit to the City an estimated invoice for the Contract
Payment for the ensuing year. This estimate will be trued up when the
county accessor's data is available for the final contact cost to be
4
Packet Pg. 104
5.1.f
calculated. At that time, if the actual monthly installment payments
exceed the monthly payments the City has already made according to the
estimate, the City shall pay the previous shortfalls with its next monthly
payment. Conversely, if the actual monthly payment is less than the
monthly installment payments already made by the City, the City shall
receive a credit for the overpayment(s) against the next monthly
installment(s). The cost of Fire Marshal services provided via a separate
agreement will be added to the invoice for the Contract Payment.
5.1.2 If a service level change requiring an adjustment in the Contract Payment
occurs on a date other than January 1, the Contract Payment shall be
adjusted on the effective date of the service level change, and the
monthly installment payments shall be adjusted accordingly.
5.2 Contract Payment Adjustment. The Contract Payment shall be adjusted
annually on January 1 commencing on January 1, 2027.
5.3 Annexation. The City's Urban Growth Area contains property within the
boundaries of the RFA. If the City annexes area within the RFA, the Contract
Payment due from the City shall be increased to account for any annexed
properties located within any RFA's taxing jurisdiction. The Contract Payment
increase shall be the amount necessary to match the levy amounts and Benefit
Charge the RFA would collect from the annexed properties as if such properties
were within the taxing jurisdiction of the RFA. The increase in the Contract
Payment shall occur on the first month on which the RFA is no longer entitled to
collect non -delinquent tax revenue from the annexed area pursuant to RCW
35.13.270(2).
5.4 Transport Fees and GEMT. The RFA shall charge fees for the basic life
support and advanced life support transports that it performs. As the EMS
service provider for the City, the RFA shall be entitled to retain all Transport
Fees. The RFA shall also be entitled to retain any GEMT funds it receives as a
result of providing transports from within City limits.
5.5 Creating Unfunded Mandates. The City shall not create any unfunded
mandates for increased service or reporting by the RFA without fully
compensating the RFA for actual costs incurred.
6. ROLLING STOCK (APPARATUS AND VEHICLES)
6.1 The RFA shall provide all apparatus and vehicles necessary to deliver the
services set forth in this Agreement including but not limited to all fire apparatus
and emergency medical service vehicles.
7. EQUIPMENT
7.1 The RFA shall provide all equipment necessary to deliver the services in this
Agreement including but not limited to all material and equipment necessary to
provide fire and emergency medical services to the City.
5
Packet Pg. 105
5.1.f
8. OVERSIGHT AND REPORTING
8.1 Agreement Administrators. The RFA Fire Chief and the Mayor and/or their
designees, shall act as administrators of this ILA for purposes of RCW
39.34.030. The RFA Fire Chief shall present an annual report covering the
previous calendar year to the Edmonds City Council prior to March 1.
8.1.1 The parties agree to meet on a quarterly basis to address the
performance of the Agreement. It is expected that these quarterly meetings will
be attended by at least one City Council member, the Mayor, the Fire Chief and
at least one Commissioner from the RFA.
8.2 Representation on Intergovernmental Boards. The RFA shall represent the
City on intergovernmental boards or on matters involving the provision of
services under this ILA as reasonably requested by the Mayor. The City
reserves the right to represent itself in any matter in which the interests of the
City and the RFA are not aligned or whenever any matter relates to the
appropriation of or expenditure of City funds beyond the terms of this ILA.
9. EXISTING AGREEMENTS
9.1 DEM, SNO 911 and SERS. The City currently has contractual relationships with
other entities or agencies including the Department of Emergency Management
(DEM) (or successor) and SNO 911. The City shall maintain its representation
and financial obligations with those entities or agencies and will act to represent
itself and retain authority to negotiate on its behalf. At the discretion of the City,
the RFA may provide representation on behalf of the City on various committees,
boards, and/or commissions as requested, as appropriate, and/or as agreed to
by mutual agreement of the parties. The parties shall meet to address any
changes to the foregoing entities that result in a change to the City's
representation or financial obligations. During the term of this Agreement, the
RFA will pay the periodic fire related payment obligations of the City of Edmonds
interlocal agreement with Sno911.
9.2 Full Information as Basis for Relationship. The City and RFA agree to
coordinate their individual relationships with other entities and agencies so that
the services under this ILA will be provided in an efficient and cost-effective
manner. The City and RFA agree to keep each other fully informed and advised
as to any changes in their respective relationships with those entities or
agencies, whether or not those changes impact the City and/or the RFA
obligations.
10. TERM OF AGREEMENT
10.1 -Year Agreement. This Agreement shall be effective upon the last
date of signature by either Party and recording of the Agreement with the
Snohomish County Auditor or posting of the Agreement on the website of either
party. The Commencement Date of the Agreement shall be January 1, 2026.
This ILA shall terminate on the earlier of the following: December 31, 20_ (the
6
Packet Pg. 106
5.1.f
"Expiration Date") or the effective date of the annexation of the City into the RFA.
In the event the effective date of annexation is other than December 31, the City
shall nevertheless pay the balance of the Contract Payment for the year in which
it annexes into the RFA in recognition of the fact that the RFA will not collect tax
revenue from the City until the following year.
10.2 Material Breach and Wind -Up Period. In the event of a Material Breach of this
ILA, the City and RFA shall, unless the City and RFA mutually agree otherwise,
continue to perform their respective obligations under this ILA for up to twelve
(12) months after notice of the Material Breach (the "Wind -Up Period") provided,
however, that the Wind -Up Period shall be (i) ninety (90) days if the Material
Breach involves the City's failure to make the Contract Payment; provided
further, that during the Wind -Up Period, the City and RFA shall coordinate their
efforts to prepare for the transition to other methods of providing fire and EMS
services to the City. The City shall be responsible for all Contract Payment
installments required herein until the conclusion of the Wind -Up Period.
10.3 Termination — Notice. In addition to terminating this Agreement for a Material
Breach, either party may terminate this Agreement by providing the other party
with two (2) years written notice of its intent to terminate.
10.4 Termination Costs. Except as otherwise provided herein, the costs associated
with terminating this Agreement shall be borne equally between the parties, or in
the event of a Material Breach, by the breaching party, provided that in the
following circumstance, the cost of termination shall be apportioned as provided
below.
10.4.1 Termination Due to Change in Law or by Mutual Agreement. In the event
that this Agreement is terminated due to a change in law, each party shall bear
its own costs associated with the termination, or, in the event that the City and
District mutually agree to terminate this Agreement, each party shall bear its own
costs associated with the termination.
11. TERMINATION AND RETURN OF ASSETS
11.1 Termination Costs. Except as otherwise provided herein, the costs associated
with terminating this ILA shall be borne equally between the parties, or in the
event of a Material Breach, by the breaching party, provided that in the following
circumstances, the cost of termination shall be apportioned as provided below.
11.1.1 Termination Due to Change in Law or by Mutual Agreement. In the event
that this ILA is terminated due to a change in law or by mutual agreement,
each party shall bear its own costs associated with the termination.
11.2 Duty to Mitigate Costs. The City and RFA have an affirmative duty to mitigate
their respective costs of termination, irrespective of the party who elects to
7
Packet Pg. 107
5.1.f
terminate this ILA and irrespective of the party who must bear the costs of
termination.
11.3 Disposition of Assets to the City. If this Agreement is terminated for any
reason other than the annexation of the City into the RFA (in which case the
disposition of assets will be determined by the RFA Plan and/or other
agreement), the City and RFA agree to the following disposition of assets and
equipment upon termination:
a. RFA Owned Equipment. Upon the Termination Date, the RFA may
remove any RFA owned equipment from the City Fire Stations.
b. RFA Owned Rolling Stock. The City may, with the concurrence of the
RFA, purchase any rolling stock owned by the RFA which is stationed at
the City Fire Station. Such purchase shall be at fair market value.
11.3.1 Fair Market Value Determination. The purchase price for any equipment
or rolling stock which is to be purchased by the City at fair market value
shall be agreed upon by the parties or, in the absence of agreement, such
equipment shall be appraised by a mutually agreed upon third party who
has experience in valuing such equipment.
11.3.2 Payment. The purchase price for equipment purchased by the City shall
be paid within sixty (60) days following the Termination Date. The
purchase price for any rolling stock shall be paid on terms and conditions
mutually agreed to by the parties but shall not exceed _ months.
12. CITY AND RFA ARE INDEPENDENT MUNICIPAL GOVERNMENTS
12.1 Independent Governments. The City and RFA recognize and agree that the
City and RFA are independent governments. Except for the specific terms
herein, nothing herein shall be construed to limit the discretion of the governing
bodies of each party. Specifically, and without limiting the foregoing, the RFA
shall have the sole discretion and the obligation to determine the exact method
by which the services are provided within the RFA and within the City unless
otherwise stipulated within this ILA.
12.2 Resource Assignments. The RFA shall assign the resources available to it not
regarding internal political boundaries, but rather based upon the operational
judgment of the RFA.
12.3 Debts and Obligations. Neither the City nor RFA, except as expressly set forth
herein or as required by law, shall be liable for any debts or obligations of the
other.
13. INSURANCE
13.1 Maintenance of Insurance. For the duration of this ILA, each Party shall
maintain insurance as follows: Each party shall maintain its own insurance policy
or policies insuring damage to its real and personal property, vehicles, and
8
Packet Pg. 108
5.1.f
equipment, if any. The City shall maintain an insurance policy insuring against
liability for accidents occurring on City -owned property. Such insurance policy
shall be in an amount not less than two million dollars ($2,000,000.00) per
occurrence with a deductible of not more than five thousand dollars ($5,000.00).
The RFA shall maintain an insurance policy insuring against liability arising out of
work or operations performed by the RFA under this ILA in an amount not less
than two million dollars ($2,000,000.00) per occurrence with a deductible of not
more than five thousand dollars ($5,000.00).
13.2 Hold Harmless. To the extent each party's insurance coverage is not voided,
each party agrees to defend, indemnify and hold harmless the other party, its
officers, officials, employees and volunteers from any and all claims, costs,
including reasonable attorneys' and expert witness fees, losses and judgments
arising out of the negligent and intentional acts or omissions of such party's
officers, officials, employees and volunteers in connection with the performance
of the Agreement or the ILA. The provisions of this section shall survive the
expiration or termination of the Agreement and the ILA.
13.3 Mutual Waiver of Claims. The RFA and City each release and relieve the other,
and waive their right of recovery against the other, for loss or damage to the City
Fire Station or any jointly owned property (if any) which arises out of the
occurrence of any peril normally insured against in a standard "all risk" physical
damage insurance policy and/or automobile physical damage insurance policy
with comprehensive coverage. Each Party shall have its respective insurer
endorse the applicable insurance policies to reflect the foregoing waiver,
provided that such endorsement shall not be required if the applicable insurance
policy permits the named insured to waive rights of subrogation on a blanket
basis and the Parties disclose such waiver in writing, in which case such blanket
waiver shall be acceptable.
14. DISPUTE RESOLUTION
It is the intent of the City and RFA to resolve all disputes between them without litigation.
In the event that any dispute between the City and RFA cannot be resolved by good faith
negotiations between the City and RFA, then the dispute resolution provision of this ILA
shall apply. Excluded from these dispute resolution provisions are issues related to the
legislative authority of the Edmonds City Council to make budget and appropriation
decisions, decisions to contract, establish levels of service or staffing as provided herein
and Chapter 35.103 RCW and other policy matters that state law vests with the City
Council. The above exclusions from the dispute resolution process shall not abridge the
right of the RFA to pursue an increase in the Contract Payment as a result of any
decision which, itself, is not subject to the Dispute Resolution provisions of this ILA.
Nothing herein shall prevent either party from providing notice of termination of the ILA
for a Material Breach prior to completion of the dispute resolution processes described
below; however, such notice shall not affect any obligations to proceed with the Dispute
Resolution provisions.
14.1 Mediation. Upon a request by either party to mediate a dispute that is subject to
the Dispute Resolution provisions, the parties shall mutually agree upon a
mediator. If the City and RFA cannot agree upon a mediator within ten (10)
9
Packet Pg. 109
5.1.f
15.
business days after such request, the City and RFA shall submit the matter to the
Judicial Arbitration and Mediation Service (JAMS) and request that a mediator be
appointed. This requirement to mediate the dispute may only be waived by
mutual written agreement before a party may proceed to litigation as provided
within this ILA. Except for unusual reasons beyond the reasonable control of
either party, mediation shall be completed within ninety (90) days after the
mediator is selected. Any expenses incidental to mediation, including the
mediator's fee, shall be borne equally by the City and RFA.
14.2 Litigation. In the event that a dispute cannot be resolved following mediation,
either party may file an action in Superior Court. Jurisdiction and venue for such
actions shall lie exclusively in Superior Court for Snohomish County,
Washington. The party substantially prevailing in any such action or proceeding
shall be awarded its reasonable costs and attorneys' fees.
MISCELLANEOUS PROVISIONS
15.1 Noticing Procedures. All notices, demands, requests, consents and approvals
which may, or are required to be given by any party to any other party hereunder,
shall be in writing and shall be deemed to have been duly given if delivered
personally, sent by electronic mail (provided a read receipt is obtained by the
sender), sent by nationally recognized overnight delivery service, or if mailed or
deposited in the United States mail, sent by registered or certified mail, return
receipt requested and postage prepaid to:
RFA Secretary: City Clerk:
South Snohomish County Fire & City of Edmonds
Rescue Regional Fire Authority 121 5` Ave
12425 Meridian Avenue Edmonds, WA 98020
Everett, WA 98208
Or, to such other addresses as the foregoing City and RFA hereto may from
time -to -time designate in writing and deliver in a like manner. All notices shall be
deemed complete upon actual receipt or refusal to accept delivery. Facsimile or
electronic transmission of any signed original document and retransmission of
any signed facsimile or electronic transmission shall be the same as delivery of
an original document.
15.2 Other Cooperative Agreements. Nothing in this ILA shall preclude the City and
the RFA from entering into contracts for service in support of this ILA.
15.3 Public Duty Doctrine. This ILA shall not be construed to provide any benefits to
any third parties. Specifically, and without limiting the foregoing, this ILA shall
not create or be construed as creating an exception to the Public Duty Doctrine.
The City and RFA shall cooperate in good faith and execute such documents as
necessary to effectuate the purposes and intent of this ILA.
15.4 Entire Agreement. The entire agreement between the City and RFA hereto is
contained in this ILA and exhibits thereto. This ILA supersedes all of their
10
Packet Pg. 110
5.1.f
previous understandings and agreements, written and oral, with respect to this
transaction. Only those exhibits referenced in this ILA shall continue to be
effective.
15.5 Amendment. This ILA may be amended only by written instrument approved by
the governing bodies of the City and RFA subsequent to the date hereof.
Dated this day of 2024.
SOUTH SNOHOMISH COUNTY FIRE &
RESCUE REGIONAL FIRE AUTHORITY
By: Jim Kenny
Its: Chair
By: Mark Laurence
Its: Vice Chair
By: David Chan
Its: Commissioner
By: Ed Widdis
Its: Commissioner
By: Micah Rowland
Its: Commissioner
By: Michael Fearnehough
Its: Commissioner
By: Chris Teofilak
Its: Commissioner
CITY OF EDMONDS
By: Mike Rosen
Its: City Mayor
ATTEST:
By:
Its: City Clerk
Approved as to form:
Jeff Taraday, City Attorney
11
Packet Pg. 111
5.1.f
ATTEST:
By: Melissa Blankenship
Its: Executive Assistant
Approved as to form:
Richard A. Davis III, RFA Attorney
12
Packet Pg. 112
5.1.f
EXHIBIT A
CONTRACT PAYMENT
2026: Contract Payment shall be calculated as the sum of the following:
1. RFA Fire Levy Rate for its 2025 levy (for collection in 2026) multiplied by the City's
assessed valuation.
2. RFA EMS Levy Rate for its 2025 levy (for collection in 2026) multiplied by the City's
assessed valuation.
3. The amount that would be generated by applying the RFA's Benefit Charge formula
(https://www.southsnofire.org/about-us/funding/benefit-charge) to properties within
the City.
13
Packet Pg. 113
5.1.f
EXHIBIT B
USE OF CITY FIRE STATIONS 16,17 AND 20
For as long as the ILA remains in effect, the City hereby grants to the RFA exclusive use and
possession of City Fire Stations on the terms and conditions described below.
1. Fire Station. The City shall provide use of City Fire Stations in "As -Is" condition.
2. No Use Charge. No use charge shall be assessed to the RFA. The parties agree that
the rights and contractual obligations contained within the ILA constitute adequate
consideration for RFA use and possession of the premises.
3. Utilities and Services. The City shall ensure the availability of all utilities necessary for
the use of the premises, to include: water, sewer, garbage, heating, air conditioning,
electrical power, telephone and information technology/system data lines.
3.1 Cost for Utilities. The RFA shall be responsible for the cost of all utilities used
on the premises. If a separate meter is unavailable for any utility that the RFA is
responsible to pay, then the cost shall be equitably apportioned to the RFA in a
manner agreeable to both parties.
4. Conditions and Repairs. The RFA acknowledges that the City Fire Stations have been
continuously used to provide fire and emergency services and that their current condition
is acceptable for the RFA to continue providing fire and emergency services.
5. Capital Improvements. If any such major capital improvements are needed to a City
Fire Station, the City shall pay for such improvements.
6. Removal of Personal Property Upon Termination of Agreement for Reasons Other
than Annexation. Upon termination of this ILA for any reason other than the
annexation of the City into the RFA, the RFA shall remove all non -fixed equipment and
personal property placed upon the premises by the RFA during the period of this ILA
unless those items are subject to purchase by the City as provided in the ILA. Any
personal property not removed from the Fire Stations within 60 days after termination of
this ILA shall become the property of the City.
7. Maintenance of Premises.
7.1 Routine maintenance of the City Fire Stations and all improvements thereon is
the sole responsibility of the RFA; provided, however, the City shall ensure that
City Fire Stations have access to all utilities.
7.2 All janitorial services for routine cleaning of the buildings, property and grounds
shall be the responsibility of the RFA.
8. Insurance and Financial Security.
14
Packet Pg. 114
5.1.f
8.1 The parties agree that the City shall not be responsible to the RFA for any
property loss or damage done to the RFA's personal property occasioned by
reason of any fire, storm or other casualty whatsoever beyond the control of the
City beyond the proceeds of any available insurance. The RFA shall insure its
personal property located on the premises.
8.2 The RFA shall not be responsible to the City for any loss or damage to the
building or premises that is not solely caused by the negligence of the RFA. The
City shall insure the City Fire Stations against such loss or damage. The RFA
shall repair any damage to the buildings caused by its sole negligence. In the
event such damage is caused by the parties' concurrent negligence, each party
shall be responsible to repair according to its percentage of fault.
8.3 In the event of a casualty loss that renders the premises reasonably unsuitable
for the use set forth herein, the City shall work in good faith to provide the RFA
with another suitable location(s) for the RFA until such time as the premises have
been repaired. The cost of repairs, and the costs of relocation between the
affected City Fire Station and the substitute location(s), shall be borne by the
City.
9. Indemnification for Environmental Claims. Each party shall indemnify and hold the
other party harmless from any and all claims, demands, judgments, orders, or damages
resulting from the release of hazardous substances on the premises caused in whole or
in part by the activity of the indemnifying party, its agents, employees, licensees or
invitees. The term "hazardous substances" shall mean any substance heretofore or
hereafter designated as hazardous under the Resource Conservation and Recovery Act,
42 U.S.C.Sec. 6901 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Sec.
1257 et seq.; the Clean Air Act, 42 U.S.C. Sec. 2001 et seq.; the Comprehensive
Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601
et. Seq.; or the Hazardous Waste Cleanup -Model Toxic Control Act, RCW 70.105D all
as amended and subject to all regulations promulgated thereunder.
10. Indemnification and Hold Harmless. Each party agrees to protect, save, defend, hold
harmless and indemnify the other party, its officers, employees, volunteers and agents
from any and all demands, claims, judgments, or liability for loss or damage arising out
of accidents, injuries, third party property damage or other loss on the premises,
occasioned by either the negligent or willful conduct of the indemnifying party, regardless
of who the injured party may be. In the event that any accident, injury or loss is the
result of the concurrent negligence of the parties, then each party shall pay its
adjudicated proportionate share of any loss.
11. Termination of Agreement. Upon termination of this ILA or any extension thereof,
whether by expiration of the stated term or sooner termination thereon as provided in the
ILA, the RFA shall surrender to City possession of the City Fire Stations peaceably and
quietly.
12. Default and Remedies.
15
Packet Pg. 115
5.1.f
12.1 Failure of the City to perform or fund repair to the buildings or premises as
described in Section 8 within a reasonable period after notice by the RFA shall constitute
a Material Breach under the terms of this ILA.
12.2 If the City fails to timely perform the repair under the conditions described in
Section 8 above after notification and ninety (90) days to cure, the RFA may
have such repair performed at City expense. The cost of the repair or
maintenance shall be forwarded to the City, which shall pay the cost within thirty
(30) days after notice. Notwithstanding anything to the contrary, the City shall
not be in breach of any repair obligation herein if the repair cannot be completed
within the time set forth herein so long as the City is diligently pursuing
completion of the repairs.
16
Packet Pg. 116