South County Fire Preannexation Interlocal AgreementPRE -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 S RESCUE REGIONAL FIRE AUTHORITY, a
Washington municipal corporation (the "RFA") and the CITY OF EDMONDS, a Washington
municipal corporation (the "City") on this 17tn day of ne e.meer , 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 December 17,
2024 to ensure a smooth and seamless annexation of the City into the RFA.
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,
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:
4A 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
reversionary interest.
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.
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.
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.
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.
82 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.
Dispute Resolution.
9.1 Mediation. If the parties are unable to resolve a dispute, then upon a request by
either parry 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.
4
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
separate in all purposes from that of the City. Except as otherwise provided for
5
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 5tn 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.
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 may be 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.
SOUTH SNOHOMISH COUNTY FIRE &
RESCUE REGIONAL FIRE AUTHORITY
%li'Yl 1, eej r�
By: Jim Kenny
Its: Chair
Mack Cain 2nc�
By: Mark Laurence
Its: Vice Chair
C/--
DJ,4d Chan IIAse A. 707521 21 PST
By: David Chan
Its: Commissioner
ly,& ae a&,reh0
I L•tllxl f:1•x wo(h w�, [ .C2♦ Y' It
By: Michael Fearnehough
Its: Commissioner
By: Micah Rowland
Its: Commissioner
CQ' /c.
Chris Teo(ilak !Mar 4, 2U2519:01 Pc'
By: Chris Teofilak
Its: Commissioner
owatrd G WiaR4-
Edward C Widdis (Mal 4, 202517:36 PST)
By: Edward Widdis
Its: Commissioner
ATTEST:
By: Melissa Blankenship
Its: Executive Assistant
Approved as to form:
RICPARR A GAVI51I!
Richard A. Davis III, RFA Attorney
8
CITY OF EDMO
By: Mike Rosen
Its: Mayor
ATTE� �
By: z� -
Its: v�
Approved as to F
Jeffrey Taraday, City Attorney
Pre Annexation ILA city of Edmonds
Final Audit Report 2025-03-05
Created: 2025-02-27
By: Melissa Blankenship (mblankenship@southsnofire.org)
Status: Signed
Transaction ID: CBJCHBCAABAAj7v117uE2ARijvG8PMPITSSMMFvIiByS
"Pre Annexation ILA city of Edmonds" History
Document created by Melissa Blankenship (mblankenship@southsnofire.org)
2025-02-27 - 10:59:43 PM GMT
C'y Document emailed to ikenny@southsnofire.org for signature
2025-02-27 - 11:02:10 PM GMT
Cy Document emailed to David Chan (dchan@southsnofrre.org) for signature
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. Document emailed to mlaurence@southsnofire.org for signature
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E4 Document emailed to Melissa Blankenship (mblankenship@southsnofire.org) for signature
2025-02-27-11:02:12 PM GMT
. Document emailed to RICHARD DAVIS (rdavis@csdlaw.com) for signature
2025-02-27 - 11:02:12 PM GMT
i00 Document e-signed by Melissa Blankenship (mblankenship@southsnofire.org)
Signature Date: 2025-02-27 - 11:02:43 PM GMT - Time Source: server
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40 Signer RICHARD DAVIS (rdavis@csdlaw.com) entered name at signing as RICHARD A. DAVIS III
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® Agreement completed.
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a Adobe AmbM Sign
CSD ATTORNEYS AT LAW P.S.
1500 Railroad Avenue
Bellingham, WA 98225
(360) 671-1796
EXHIBIT 1a
QUIT CLAIM DEED
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 Coven ant/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.
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 or if the City de -annexes from the RFA, 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; provided, however,
that if the City de -annexes from the RFA, no consideration will be paid to the RFA. The
foregoing payment to the RFA upon the RFA's cessation of use as an Active Fire Station 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
Properly 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
10
STATE OF WASHINGTON
ss.
COUNTY OF SNOHOMISH
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.
2I
Richard A. Davis III, RFA Attorney
Print Name:
NOTARY PUBLIC in and for the
State of Washington, Residing at
My Commission Expires:
11
CSD ATTORNEYS AT LAW P.S.
1500 Railroad Avenue
Bellingham, WA 98225
(360) 671-1796
EXHIBIT 1 b
QUIT CLAIM DEED
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 88t' 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.
12
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, or if the City de -annexes from the RFA, 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; provided, however,
that if the City de -annexes from the RFA, no consideration will be paid to the RFA. The
foregoing payment to the RFA upon the RFA's cessation of use as an Active Fire Station. 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
13
STATE OF WASHINGTON
ss.
COUNTY OF SNOHOMISH
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:
NOTARY PUBLIC in and for the
State of Washington, Residing at
My Commission Expires:
14
EXHIBIT 2
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
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EXHIBIT 3
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 June1,
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:
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 to the RFA pursuant to
this ILA.
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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.
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.
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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
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.
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
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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.
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
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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 SNO 911. The City currently has a contractual relationship with 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
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
FIE
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 an additional one
(1)-year terms only by mutual agreement of the Parties, provided that such an
agreement is reached no later than September 1.
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.
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
21
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 purchase such RFA owned
rolling stock as is stationed at the City Fire Stations. For example, if a fire
engine and ambulance is stationed at Station 17, the City may purchase a
fire engine and an ambulance from the RFA. 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 six (6) months.
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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,
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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)
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.
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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:
RFA Secretary: City Clerk:
South Snohomish County Fire & City of Edmonds
Rescue Regional Fire Authority 121 5th 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
Dated this
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.
day of 2024.
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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
ATTEST:
By: Melissa Blankenship
Its: Executive Assistant
Approved as to form:
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CITY OF EDMONDS
By: Mike Rosen
Its: City Mayor
ATTEST:
By:
Its: City Clerk
Approved as to form:
Jeff Taraday, City Attorney
Richard A. Davis III, RFA Attorney
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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, plus
2. RFA EMS Levy Rate for its 2025 levy (for taxes collected in 2026) multiplied by the
City's assessed valuation, plus
3. The amount that would be generated by applying the RFA's Benefit Charge formula
(IltIPS://WWW.southsnofire.org/about-us/funding/benefit-charge) to properties within
the City.
Less:
The City's expenses in 2026 for the following
a. The City's fire related payment obligations which it pays to SNO 911 in
2026;
Note: The Contract Payment for subsequent years shall be calculated in the same manner with
adjustments to the calendar year.
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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.
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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.
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 seg.; the Federal Water Pollution Control Act, 33 U.S.C. Sec.
1257 et seg.; the Clean Air Act, 42 U.S.C. Sec. 2001 et seg.; the Comprehensive
Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601
et. Seg.; 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
30
ILA, the RFA shall surrender to City possession of the City Fire Stations peaceably and
quietly.
12. Default and Remedies_
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.
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�W/:11=1I11V
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 , 2025, 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:
1.2
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.
c. 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.
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
32
Edmonds, WA 98020
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 "D" — 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
Charges and Utilities
33
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.
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). South County Fire shall provide reasonable advance notification to the City of
any Building repairs which may affect the City's use of the City EUAs while such work is
being completed. The City shall not be entitled to compensation for any loss of use due to
such necessary maintenance and repairs of the Building.
4.4.1. The City shall be responsible, at its own expense, for all maintenance, repair and
cleaning of the City EUAs.
4.4.1 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.
4.4.2 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
34
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.
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 are
insufficient to fully cover the cost of repairs or replacement, the City shall be responsible for
the additional expense subject to available funds; provided, however, that South County
Fire shall be responsible for any portion of such uninsured cost which is solely attributable
to configuration/design changes made by South County Fire; and provided, further, that if
the City lacks available funds for such construction, South County Fire may contribute such
funds to the City ("Construction Contribution Funds") subject to reimbursement upon
termination as provided herein.
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
35
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
7.1 PARKING.
7.2 PAYMENT UPON TERMINATION. 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. The City shall
reimburse South County Fire for the cost of any capital improvements made to the Building
which were completed during the ten (10) year period preceding the termination of the
Agreement. A capital improvement which was commenced prior to such ten (10) year
period but completed within the ten (10) year period shall be eligible for full reimbursement
as long as it was continuously pursued to completion by South County Fire.
7.2.1 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.
7.2.2 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
36
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 parry, 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.
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 the 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. The City shall vacate the
Building as of the date of transfer unless the parties have entered into a lease
agreement for the City to remain in possession of a portion of the Building.
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:
37
South County Fire:
South Snohomish County Fire & Rescue Regional Fire Authority
12425 Meridian Avenue South
Everett, WA 98208
The City:
Mayor's Office
City of Edmonds
23204 — 58th Avenue West
Edmonds, WA 98043
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
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.
8.10PREVAILING 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.
38
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.
39
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
40
Mark Laurence, Commissioner/ Vice Chair
Chris Teofilak, Commissioner
Micah Rowland, Commissioner
STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )
On this day personally appeared before me TYPE NAME HERE 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
[NOTARY SEAL]
STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )
day of , 2025.
Print Name:
NOTARY PUBLIC in and for the
State of Washington, Residing at
My Commission Expires:
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 2025.
[NOTARY SEAL]
Name:
NOTARY PUBLIC in and for the State of
Washington, residing at
My Commission Expires:
41
Exhibit "A" — Map of Property
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Exhibit "B" — Map of Building
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43
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
44
YEMMINE FLOOR PLM
Exhibit "D" — Map of Premises
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45
EXHIBIT 5
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 XXXXXXX X, 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 XXXXXX XX, 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.
46
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
47
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.
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,
48
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.
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
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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.
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
50
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
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
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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
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 Parry 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 5th 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 (11)
52
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
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
Parry. 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 VII 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
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parties. Each Parry 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.
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]
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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
ATTEST:
By: Melissa Blankenship
Its: Executive Assistant
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By: Mike Rosen
Its: City Mayor
ATTEST:
By:
Its: City Clerk
EXHIBIT A
LIST OF SERVICES
I — 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.
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M. Participate in the City's Special Events.
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 I FC 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.
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B. Coordinate with the City to provide timely development review program services,
including answering project inquiries, attending meetings, reviewing plans for Code compliance,
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.
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