2020-02-25 City Council - Full Agenda-2550Of LnIV
o Agenda
Edmonds City Council
InC i8y0 COUNCIL CHAMBERS
250 5TH AVE NORTH, EDMONDS, WA 98020
FEBRUARY 25, 2020, 6:30 PM
CALL TO ORDER
PRESENTATION
1. Annual Report - South County Fire and Rescue (30 min)
ADJOURN
Edmonds City Council Agenda
February 25, 2020
Page 1
2.1
City Council Agenda Item
Meeting Date: 02/25/2020
Annual Report - South County Fire and Rescue
Staff Lead: Fire Services
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
In 2005, the Washington State Legislature adopted a bill (HB 1756) that requires substantially career fire
departments to maintain policy establishing the existence of the fire department, identifying the
services provided and the basic organizational structure of the fire department, and the service
delivery/response time objectives for the fire department for those emergency services.
On November 3, 2009, the City and Fire District entered into an initial agreement for fire and emergency
medical services. The agreement was later amended in 2012 to address a fire boat, and again in January
2015. The District and the City analyzed the performance of the agreement during the period of 2010 -
2016 (the "Introductory Period") and determined that it was in their mutual interests to revise and
update the Agreement. This agreement, known as the "Restated Agreement" was executed on January
26, 2017.
This report is intended to provide our elected officials and the community with a picture of how well the
fire department has performed in meeting the adopted response objectives.
Staff Recommendation
N/A. For information only.
Narrative
Sections 8.1 and 8.2 of the Restated Agreement outline the reporting and meeting requirements related
to the provision of fire and emergency medical services in the City of Edmonds. The District Fire Chief is
required to present an annual report covering the previous calendar year to the Edmonds City Council
prior to March 1. Within 30 days of the annual report, the Edmonds City Council and Board of Fire
District Commissioners are required to convene a joint annual meeting to discuss items of mutual
interest related to the Restated Agreement. The joint meeting is scheduled on March 24, 2020.
Tonight, South County Fire & Rescue will provide the 2019 comprehensive annual report to the City on
fire, paramedical services, training, prevention, and public educational activities.
Attachments:
2017 Fire District 1 EMS -Fire Agrmt
2019 Edmonds Annual Report
2019 Compliance Report Edmonds
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2.1.a
REVISED AND RESTATED INTERLOCAL AGREEMENT FOR
FIRE AND EMERGENCY MEDICAL SERVICES
THIS REVISED AND RESTATED INTERLGCAL AGREEMENT ("Restated ILA") by
and between SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 1, a Washington
municipal corporation (the "District") and the CITY OF EDMONDS, a Washington city (the "City")
is for the provision of fire and emergency medical services (EMS).
WHEREAS, a consolidated Fire and EMS service, by a single vendor or through a
Regional Fire Protection Service Authority (RFA), has recently gained support of most elected
officials in Southwest Snohomish County; and
WHEREAS, the City and District agree that a long-term agreement between the City and
the District for fire and emergency medical services is beneficial to the City and District and their
stakeholders; and
WHEREAS, on November 3, 2009, the City and District entered into an Interlocal
Agreement (the "Agreement") for the District to provide fire and emergency medical services to
the City beginning January 1, 2010;
WHEREAS, such Agreement was amended pursuant to a First Amendment dated April
17, 2012 to address a fire boat; and
WHEREAS, such Agreement was amended pursuant to a Second Amendment
approved on January 27, 2015; and
WHEREAS, the District and the City are authorized, pursuant to Chapter 39.34 of the
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Revised Code of Washington, to enter into Interlocal Agreements which allow the District and
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the City to cooperate with each other to provide high quality services to the public in the most
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efficient manner possible; and
d)
WHEREAS, the parties have analyzed the performance of the Agreement during the
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period of 2010 — 2016 (the "Introductory Period") and have determined that is in their mutual
interests and the interests of their respective stakeholders to revise and update the Agreement;
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and
WHEREAS, the District and City now wish to revise and restate the Agreement as
provided herein;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the City and District hereto agree as follows:
0. DEFINITIONS.
The following definitions shall apply throughout this Restated ILA.
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2.1.a
Adjustment Year: The year in which a new collective bargaining agreement (CBA) is
effective between the District and the local chapter of the IAFF. When a new CBA has
retroactive effect, the Adjustment Year shall be the date to which the CBA is retroactively
applied. For example, if a CBA expires on December 31, 2014 and a new CBA is
executed on December 1, 2016 but made retroactive to January 1, 2015, the Adjustment
Year would be 2015.
b. Assigned: As used in the definitions of Unit Utilization Factor and Neighboring Unit
Utilization Factor, the term "Assigned" shall describe the period of time in seconds from
dispatch time to clear time, when the Unit becomes available to respond to another call
c. City: City of Edmonds.
d. City Fire Stations: Fire Station 16, Fire Station 17, and Fire Station 20.
e. Commencement Date: January 1, 2010.
f. Contract Payment: The amount that the City shall pay to the District pursuant to this
Restated ILA.
g. District: Snohomish County Fire Protection District No. 1.
Edmonds Unit: An Edmonds Unit is any Unit based at one of the City Fire Stations with
the exception of the Battalion Chief.
Effective Date: February 1, 2017-
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Esperance: "Esperance" refers to the entirety of the contiguous unincorporated area a
that is completely surrounded by the City of Edmonds and commonly known as L
Esperance.
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k. Esperance Offset: The amount of tax revenue and fire benefit charges, if fire benefit w
charges are imposed in the future, to be received by the District from Esperance for the
year in which the Contract Payment is calculated. The Esperance Offset shall not drop
below $1,117,150 (the amount derived by multiplying the 2017 Esperance Assessed o
Value of $565,469,115 by the District's 2017 tax rate of $1.97561714741 divided by L
1,000) even if the actual tax revenue received by the District drops below that amount as
a result of reductions in assessed valuation or tax rate. The Esperance Offset for any
given year shall not exceed $1,117,150, multiplied by the compounded percentage
increase in City Station Personnel Costs from 2017 to the year for which the Esperance
Offset is being calculated. For example, if City Station Personnel Cost increases 3%
from 2017 to 2018 and 4% from 2018 to 2019, the 2019 cap for the Esperance Offset
would be $1,197,516 and be calculated as follows:
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2.1.a
$1,117,150 x 1.03 = $1,150,664 x 1.04 = $1,196,691
I. District Fire Chief: The Fire Chief of Snohomish County Fire Protection District No. 1.
m. Firefighters: Full-time, compensated employees, captains, firefighters, emergency
medical technicians, and/or paramedics.
n. Insurance: The term "insurance" as used in this Restated 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.
o. Law: The term "Jaw" refers to state and federal statutes and regulations. Unless
expressly identified herein, City ordinances, codes and resolutions shall not be
considered "law."
p. Material Breach: A Material Breach means the District's failure to provide minimum
staffing levels as described within this Restated ILA, the City's failure to timely pay the
Contract Payment as described within this Restated ILA, or the City's or District`s failure
to comply with other material terms of this Restated ILA.
q. Neighboring Unit Utilization Factor: See Exhibit E. E
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r. Negotiation Threshold. A designated occurrence or condition that requires the parties a
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to renegotiate the Restated ILA.
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s. Non -Edmonds Unit: A Non -Edmonds Unit is any Unit stationed at any station other w
than the City Fire Stations. r
t. Transport Balance Factor: See Exhibit E.
u. Unit: A Unit is a group of Firefighters that work together and are based at the same
station. Where a station is staffed by three firefighters at any one time, that station shall
be considered a Unit. Where a station is staffed by five or more firefighters at any one
time, without counting the Battalion Chief or Medical Services Officer, that station shall
be deemed to have two Units and the District shall clearly allocate the Firefighters at that
station in such a manner that the two Units at that station can be clearly distinguished for
the purposes of determining the Unit Utilization Factor for each Unit.
v. Unit Utilization Factor: See Exhibit E.
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2.1.a
w. Wind -Up Period: Except in the context of Material Breach as defined in Section 10.2,
the two years immediately following notice of termination under 11.2.
1. SCOPE OF SERVICES
1.1 Services Provided. The District shalt provide all services necessary for fire suppression,
emergency medical service, hazardous materials response, technical rescue, and
disaster response (not including an Emergency Operations Center, which is provided by
the City at the time of this Restated ILA) to a service area covering the corporate limits of
the City of Edmonds. In addition, the District shall provide support services including, but
not limited to, fire marshal, 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 District's services.
1.2 Training, Education, and Career Development. The District shall provide training and
education to all firefighter and emergency medical service personnel in accordance with
State, County and local requirements. Furthermore, the District shall offer professional
development and educational and training opportunities for unrepresented and civilian
employees.
1.3 City Fire Chief, The District Fire Chief shall be designated as the City Fire Chief for
purposes of statutory provisions, regulations and the Edmonds City Code.
1.4 District Fire Chief Designates Fire Marshal. The District Fire Chief shall designate an
individual to serve as City Fire Marshal, and shall assign necessary personnel to support E
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the functions and needs of the Fire Marshal as mutually agreed to and partially funded
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by the City (See Exhibit A), subject to the City's right to provide its own fire inspectors L
pursuant to Section 2.8.2, below.
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2. STANDARDS FOR SERVICESISTAFFING w
2.1 Battalion Chief. A Battalion Chief shall continue to be available for response within the
City twenty-four (24) hours per day, seven (7) days per week as during the Introductory
Period. The District agrees to provide Incident Command response for all emergency
incidents twenty-four (24) hours per day, seven (7) days per week.
2.2 Fire Station Staffing. The City Fire Stations shall each be staffed twenty-four (24) hours
per day, seven (7) days per week with a minimum of one (1) fire captain and two (2)
firefighters, at least one of whom shall be a firefighter/paramedic. Any increase in
staffing above this level shall not increase the Contract Payment unless the increase
occurs through an amendment of this Restated ILA.
2.2.1 The parties shall renegotiate this Restated ILA upon the occurrence of any of the
following Negotiation Thresholds:
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2.1.a
a. When the Unit Utilization Factor ("UUF") at any one of the City Fire Stations
exceeds 0.250;
b. When the Neighboring Unit Utilization Factor ("NUUF") is out of balance as
defined in this Restated ILA, PROVIDED THAT this subsection shall not trigger a
renegotiation any earlier than January 1, 2018..
c. When the Transport Balance Factor (TBF} is out of balance as defined in this
Restated ILA, PROVIDED THAT this subsection shall not trigger a renegotiation earlier
than January 1, 2018.
d. When the Esperance Offset drops by ten percent (10%) or more over any
consecutive three (3) year period.
2.2.2 The District shall provide written notice to the City ("Threshold Notice") whenever
any of the foregoing Negotiation Thresholds occurs. Within thirty (30) days of issuance
of a Threshold Notice, the parties shall meet to renegotiate this Restated ILA. Such
negotiations shall include, at least the following topics:
(i) Methodologies intended to reduce the UUF substantially below 0.250 or
to balance the NUUF or TBF, as applicable (collectively "Remedial
Measures"). Remedial Measures may include, but shall not be limited to,
changes to the staffing mix and/or levels, adding another Unit; changing
fire response plans in CAD, and/or implementing other service changes;
and
Adjusting the Contract Payment to account for the District's increased Q
cost in employing the selected Remedial Measures.
Where the Threshold Notice pertains to subsection 2.2.1(d), topics of M
negotiation shall include increasing the amount of the Esperance Offset a
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andlor reducing staff and/or reducing overhead charges that are billed to U-
the City.
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2.2.3 The District shall identify various Remedial Measures that are likely to r
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expeditiously achieve the applicable goals in Section 2.2.2(i). The City may opt to L
identify and notify the District about alternative Remedial Measures. After consulting with N
the District, the City shall select one or more of the Remedial Measures and shall
provide written notice of same within one hundred twenty (120) days following the ii
issuance of the Threshold Notice (the "Negotiation Deadline"). The City's selection shall r
be subject to mediation under paragraph 18.1 if the Di strict finds the City's selection to N
be ineffective or inappropriate, but it shall not be subject to arbitration under paragraph
18.2. Any disputes regarding the cost impacts of the City's selection shall be subject to E
the complete Dispute Resolution procedures, and any adjustment to the Contract
Payment arising out of the Dispute Resolution Procedures shall be retroactive to the Q
earlier of the Negotiation Deadline or the date that the Remedial Measures were initially
employed. If the City fails to designate one or more Remedial Measures by the
Negotiation Deadline, such failure shall be deemed a Material Breach.
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2.1.a
2.2.4 The parties shall endeavor to execute an amendment prior to the Negotiation
Deadline. If the parties cannot agree upon an amendment to this Restated ILA before
the Negotiation Deadline, either party may terminate the Restated ILA pursuant to 11.2,
PROVIDED THAT during the ensuing two-year Wind -Up Period, the District shall be
authorized to increase service levels at the City Fire Stations as it deems necessary, and
FURTHER PROVIDED THAT the marginal increase in the Contract Payment resulting
from any such ❑istrict-imposed service level increases during the Wind -Up Period shall
be shared equally by the parties during the Wind -Up Period.
2.3 Shift Arrangements. The City prefers that the following shift arrangements apply to
personnel assigned to stations within the City: no Firefighter shall start a 24-hour shift at
any of the City Fire Stations if that Firefighter has just completed a 48-hour shift at a City
Fire Station or any other fire station in the District without having taken a rest day
between shifts. The District commits that it will undertake in good faith, pursuant to
Chapter 41.56 RCW, to negotiate successfully for those arrangements, to be
implemented.
2.4 Review of Service Delivery Objectives. The parties acknowledge that the service
delivery objectives adopted in 2006 ("Response Objectives") have never been met in
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their entirety, even when the City had its own fire department. During the Introductory
Period, the parties contracted for a particular staffing level at the City Fire Stations. It has
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been recommended that the parties move toward a performance -based contract where
the City pays for a particular level of service that is measured by service delivery
objectives (e.g. response time) instead of a particular number of positions. The parties
would like to continue to evaluate this recommendation, but acknowledge that it would
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take significant additional work to implement such a change, not the least of which
includes adoption of achievable performance standards. The City and the District agree
to work toward adoption of a revised set of service delivery objectives in the first quarter
of 2018.
2.4.1 Turnout Time. The District has adopted a standard of 2 minutes and 15 seconds
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on 90% of all calls. Failure to meet this standard shall not be deemed a Material Breach.
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If this standard is not being met during calendar year 2017 for the City Fire Stations, the
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District shall provide the City, no later than December 31, 2017, with a report containing
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the following information: (i) a list of possible measures that could be implemented to
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improve Turnout Time, (ii) the estimated cost of each measure (if reasonably available)
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and (iii) estimates corcerning the amount that turnout time could be reduced with each
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measure.
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2.5 Reporting. The District agrees to annually report to the City in accordance with chapter
35.103 RCW. In addition to the regular quarterly report content and the content required
by law, the annual report shall contain the Neighboring Unit Utilization Factor for each of
the following jurisdictions: Lynnwood and Mountlake Terrace. The annual report shall
contain the total number of seconds that City Fire Stations responded to calls in
Woodway and the total number of automatic aid responses from Shoreline into
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2.1.a
Edmonds. The annual report shall, to the extent practicable, also state the amount of
transport fees that the District sought to recover from incidents occurring within the City
and Esperance, respectively, and the amount of those fees that were actually recovered.
If the District has data that identifies the number of seconds during which two or more
Units were Assigned to different calls at the same time, it shall include that data in the
annual report.
2.5.1 Quarterly Reporting. In addition, the District shall provide a quarterly report to the
City Clerk, no later than 30 days after the end of each quarter. The quarterly report shall
contain the Unit Utilization Factor for each of the City Fire Stations, the Transport
Balance Factor, as well as the turnout time, travel time, and overall response time.
2.6 [section relocated for clarity]
2.7 Criteria -Based 9-1-1 Dispatch. It is understood and agreed by the City and ❑istrict that
the dispatch of Units during emergencies is determined by criteria -based dispatch
protocols of the dispatch centers and Automatic Vehicle Location (AVL). Nothing herein
shall require the District to respond first within the City as opposed to other areas served
by the District. The City and District recognize that responses to emergencies skull be
determined by the District based upon dispatch protocols; the location of available Units
and the District's operational judgment, without regard to where the emergencies occur.
2.8 Level of Service Changes. During the term of this Restated I LA, service level changes Ix
may be mandated that are beyond the control of either party. Additionally, either party Z
may desire to change the service level, including but not limited to, those services
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identified in Section 1 Scope of Services and Section 2 Standards for Services/Staffing.
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When a service level change is mandated by law, adopted by the Edmonds City Council
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as part of the City's chapter 35.103 RCW Response Objectives, or is mutually agreed to
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by the parties, the City and the District shall renegotiate the Contract Payment at the
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request of either party, If the parties are unable to reach agreement within one hundred
twenty (120) days after the change is mandated or mutually agreed, the matter shall be
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subject to the complete Dispute Resolution procedures, and any adjustment to the
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Contract Payment arising out of the Dispute Resolution Procedures shall be retroactive
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to the date that the service level change was initially employed, Failure of either party to
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participate in, or comply with, the Dispute Resolution Procedures in Section 18.1 and/or 0
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18.2 shall be deemed a Material Breach.
2.8.1 The City acknowledges that the District may be required by law to notify and
bargain with the local chapter of the IAFF any level of service changes made pursuant to
this section 2.8.
2.8.2 The City reserves the right to remove the Fire Inspector services from this
Restated ILA upon one year's written notice to the District, in which case the Contract
Payment shall be equitably reduced, PROVIDED THAT in no case shall such notice be
provided less than 90 days prior to the beginning of a new fiscal year, AND FURTHER
PROVIDED THAT the City shall consult with the District regarding the impacts of a
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2.1.a
proposed removal of the Fire Inspector services at least 94 days in advance of the City
providing such notice, AND FURTHER PROVIDED THAT if the City exercises this
option, it shall provide fire inspection services using one or more inspectors with current
or previous firefighting experience.
2.9 Response Time Questions. In the event that response times should consistently deviate
from the City's Response Objectives, as they may be amended from time to time by the
City, the District Fire Chief and the City Mayor, or their designees, shall meet and confer
to address the cause, potential remedies, and potential cost impacts.
3. USE OF CITY FIRE STATIONS
3.1 Use of City Fire Stations. The City shall retain ownership of three existing City Fire
Stations and shall make them available for use by the District pursuant to the terms set
forth in Exhibit B. The parties acknowledge that none of these three fire stations are
ideally located and that the City could be better served by two ideally located fire
stations. The parties also acknowledge that the internal configuration of the City's three
stations contributes to slower turnout times than could be achieved with new stations
built according to current standards. In light of the above, the parties contemplate that
the City may opt to replace the three current fire stations with two new fire stations for
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use by the District during the term of this Restated ILA. In the event of a conflict
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between the provisions of the Restated ILA and Exhibit B, the provisions of Exhibit B
shall control with respect to fire stations and fixtures contained therein, PROVIDED
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THAT Exhibit B shall be amended in the event that the City moves to a two -station
service, and FURTHER PROVIDED THAT nothing in Exhibit B shall be construed to
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prevent the City from moving to a two -station service; and FURTHER PROVIDED, that
the cost of providing turn key fire stations with equivalent technology to current fire
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stations shall be borne entirely by the City.
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3.1.1 In the event the City decides to replace or relocate any of the City Fire Stations,
the City shall provide notice to the District concerning the location, design and layout of
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the new City Fire Stations, the time frame for completion, and any other information
reasonably requested by the District to plan for the transition. Not later than thirty (30)
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days following such notice, the parties shall meet to discuss the impact of any such
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changes on this Restated ILA and to negotiate an amendment to this Restated ILA to e
address such impacts. The parties recognize that there may be initial cost impacts that
are not ongoing, and the parties agree to negotiate these as well. The parties shall
endeavor to execute an amendment no later than one hundred twenty (120) days
following such notice to address such initial cost impacts. If the parties cannot agree
upon an amendment to this Restated ILA within such time, either party may invoke the
Dispute Resolution procedures.
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2.1.a
3.2-3.3 [Completed. Deleted for clarityf
4. ANNUAL CONTRACT AND TRANSPORT FEES PAYMENT TERMS
4.1 Annual Contract Payment. The City shall pay the District a sum referred to as the
Contract Payment for the services provided herein. The annual total amount of the
Contract Payment shall be determined according to Exhibit C. The Contract Payment
shall be paid in equal monthly installments by the 10" day of each month. Failure to pay
monthly installments in a timely manner shall be considered a Material Breach as
defined in the Definitions section of this Restated ILA.
4.1.1 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.
4.2 Contract Payment Adjustment. Each year, no later than September 1, the District shall
submit to the City an invoice for the ensuing year, including any revision to the Contract
Payment for the ensuing year.
4.2.1 Annual Percent Increase Based on Labor Costs. The cost of City Station
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Personnel identified in Exhibit C shall be adjusted annually pursuant to the negotiated
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labor collective bargaining agreement between the District and the local chapter of the
IAFF ("CBA"}, provided that, notwithstanding the actual terms of the CBA, the City
Station Personnel cost in Exhibit C shall increase from one labor agreement to the next
no more than the greater of (i) the median increase in the total cost of compensation
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(i.e., combined cost of wages and benefits) of comparable fire agencies, (ii) the increase
in the Consumer Price Index as measured by the CPI-W Seattle -Tacoma -Bremerton
metropolitan area for the twelve (12) month period ending June 30, or (iii) the
percentage increase in compensation awarded by an interest arbitrator. The phrase
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"comparable fire agencies" shall refer to a list of comparables agreed upon by the U)
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Employer and Union through the collective bargaining process or the comparables w
accepted by an interest arbitrator in an interest arbitration proceeding. r
4.2.1.1 The parties recognize that the cost of the District's community paramedic
program is currently covered by grants. At the time the grants expire, the City may opt to
continue the community paramedic program in which case Exhibit C shall be revised to
add an equitable share of the cost of such community paramedics, taking into account
the other jurisdictions that are served by the community paramedics. If the City opts not
to continue with the program, the community paramedic program will not be continued
within the City limits after the grant term ends.
1 The Parties acknowledge that a number of actions described in the Agreement have been completed.
For clarity and conciseness, those provisions are removed and replaced with the words "Completed.
Deleted for clarity."
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2.1.a
4.2.2 Adjustment Date Not Met. If a new CBA between the District and IAFF Local
1828 has not been finalized by September 1 of the final year of the then -effective CBA,
the City Station Personnel costs and the Indirect Operating Costs for the ensuing year
shall be adjusted following execution of the new CBA and shall be retroactive to January
1 of the Adjustment Year. For example, as of the date of this Restated ILA, the last CBA
expired on December 31, 2014; thus, the Adjustment Year is 2015. In such instances,
the District shall send the City (directed to the City Clerk), no later than September 1 of
each year for which a CBA has not yet been executed for the ensuring year, a range
within which the Contract Payment for the ensuing year is likely to fall, which range shall
be informed by the current status of negotiations between the District and IAFF Local
182B. To enhance the District's ability to provide the City with a predictable range for the
Contract Payment, the District shall, to the extent practicable, commence negotiations
with IAFF Local 1828 no later than July 151 of any year in which a CBA is expiring, if a
new CBA has not been executed by November Vt of the year in which a CBA is expiring,
the District shall notify the City of the economic issues on which the parties have not
reached tentative agreement.
4.2.3 Documentation of Labor Costs. Upon executing a new CBA, the District shall
provide supporting documentation sufficient to allow the City to confirm that the labor
costs have not increased more than the limits set forth in Section 4.2.1, including
comparable agency compensation data used by the parties or the interest arbitrator to
establish new compensation levels.
4.3 -4.4 [sections relocated and renumbered for clarity]
4.5 Indirect Operating Cost Portion of Contract Payment. The District shall determine the
Indirect Operating Cost portion of the Contract Payment according to the following: E
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• Overhead shall be ten percent (10%) of the cost of the City Station Personnel cost; L
■ Equipment maintenance and operation, medications, and supplies shall be ten
percent (10%) of the City Station Personnel cost; w
■ Fire Marshal allocation of fifty percent (50%) of wage and benefit cost of the position, r
and Fire Inspector at one hundred twenty-five percent (125%) of wage and benefit
cost of the position (See Exhibit A); and
• Apparatus replacement costs based upon the District Apparatus Replacement
Schedule —Rolling Stock designated as Exhibit D.
The total of the City Station Personnel cost and the Indirect Operating Costs; plus any
additional amounts due to annexations as provided in Section 4.6, less the "Esperance
Offset", shall constitute the Contract Payment for the ensuing year.
4,6 Annexation. The City's Urban Growth Area contains property within the boundaries of
the District. Should the City seek to annex portions of the District, the District will not
oppose the annexation. In the event the City annexes portions of the District other than
Esperance, the Contract Payment shall be increased by an amount calculated by
applying the then current District levy rate and emergency medical services levy rate to
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2.1.a
the assessed value of the annexed area, plus revenue from a Fire Benefit Charge, if
imposed, that the District would have received from the annexed area in the year in
which the Contract Payment is calculated. The increase in the Contract Payment shall
occur on the first month on which the District is no longer entitled to collect non -
delinquent tax revenue from the annexed area pursuant to RCW 35.13.270(2).
4.6.1 Esperance Annexation. If the City annexes all of the area commonly referred to
as "Esperance", the District will support the annexation. Whenever any portion of
Esperance is annexed, the Esperance Offset attributable to the annexed area shall no
longer be used to reduce the calculation of the Contract Payment at such time as the
District is no longer entitled to collect non -delinquent tax revenue from the annexed area
pursuant to RCW 35.13.270(2).
4.7 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
Restated ILA because the District 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
District shall seek to renegotiate this Restated ILA and the Contract Payment to fully
compensate the District for actual costs incurred according to the methodology in Exhibit
C. 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
District are unable to successfully renegotiate the Contract Payment in this context
through good faith negotiations, then the complete Dispute Resolution provision of this
Restated ILA shall apply. Failure of either party to participate in, or comply with, the
Dispute Resolution Procedures in Section 18.1 and/or 18.2 shall be deemed a Material
Breach. Nothing herein prevents either party from terminating the Restated ILA
pursuant to Section 11.2, whether before or after exercise of the Dispute Resolution
provisions of this Restated ILA.
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4.8 EMS Transport Fees. The District shall charge fees for the basic life support andCn
advanced life support transports that it performs. As the EMS service provider for the
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City, the District shall receive and pursue collection of all Transport Fees in accordance
with District policy for transports that originate within the City limits. The District shall
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remit the amount so received to the City, less an administration fee not to exceed the
actual cost of collection on a quarterly basis. The District shall be responsible for, and
agrees to prepare and provide in a timely fashion, reasonable documentation and/or
reports to the City.
4.9 Creating Unfunded Mandates. The City shall not create any unfunded mandates for
increased service or reporting by the District without fully compensating the District for
actual costs incurred.
5. CITY EMPLOYEES
5.1-5.8 [Completed. Deleted for clarity].
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5.9 Former City Employees. The City shall indemnify, defend, and hold the District harmless
from any and all demands, claims, or actions by former City personnel, which arise out of, or
relate to, the time prior to the Commencement Date, provided, however, that the indemnification
shall not apply to any claims arising as a result of the District's actions under the Agreement or
the Restated ILA.
6. ROLLING STOCK (APPARATUS AND VEHICLES)
6.1 — 6.5 [Completed. Deleted for clarity].
6.6 District Apparatus Replacement Schedule. The District has provided current information
regarding existing and proposed Apparatus Replacement Schedule attached in Exhibit
D. The District, in its sole discretion, may elect to purchase new rolling stock or
otherwise assign District rolling stock for use within the City.
6.7 Public Safety Boat. Title to the City Public Safety Boat known as Marine 16 (the
"Vessel") has been transferred to the District. The District's use of Marine 16 for training
and emergencies as a county -wide asset is described in the First Amendment to
InterlocaI Agreement for Use of Rescue and Fire Boat. Exhibit H to the Agreement is
hereby deleted.
6.7.1 [Completed. Deleted for clarity]
6.7.2 The District assumes responsibility for maintenance and repairs to the Vessel.
However, upon the District's request, the City agrees to provide maintenance and repair c
services for the Vessel in exchange for receipt from the District of the City's normal a
hourly shop rates for labor.
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6.7.3 The Apparatus Replacement Schedule (Exhibit D to the Agreement and the a
Restated ILA) is amended to include the Outboard Motors of the Vessel for as long as L
the Vessel is in operation. The amended Apparatus Replacement Schedule is attached
hereto. The Contract Payment shall reflect the addition of the Outboard Motors to this 2
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6.7.4 [Completed. Deleted for clarity]
6.7.5 Use of the vessel by the City of Edmonds Police Department shall continue as
agreed to before this Restated ILA. The City is solely responsible for maintaining and
Certifying its operators.
6.7.5.1 The City's use of the Vessel is at the City's risk. The City acknowledges
that the District is making no representations or warranties concerning the Vessel.
Further, if the City uses the Vessel without a District operator, the City agrees to be
solely responsible for all damage or loss to the Vessel and its apparatus while the
Vessel is within the City's control and/or possession.
6.7.5.2 The City agrees to release the District from any claims associated with
any training provided to it. The City further agrees to defend, indemnify and hold the
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District harmless from any and all claims for bodily injury or property damage arising out
of the City's use and operation of the Vessel.
6.7.5.3 The City specifically and expressly waives any immunity that may be
granted under the Washington State Industrial Insurance Act, Chapter 51 RCW as to
any claims by its employees arising from the use of the Vessel.
7. EQUIPMENT
7.1 — 7.4 [Completed. Deleted for clarity]
S. OVERSIGHT AND REPORTING
8.1 Agreement Administrators. The District Fire Chief and the City Mayor and/or their
designees, shall act as administrators of this Restated ILA for purposes of RCW
39.34.030. During the term of this Restated ILA, the District Fire Chief shall provide the
Mayor with quarterly written reports concerning the provision of services under this
Restated ILA. The format and topics of the reports shall be as set forth in Section 2.5.
The District Fire Chief shall present an annual report covering the previous calendar
year to the Edmonds City Council prior to March 1, and at such meeting the Chief shall
request, and the City Council shall schedule, the Joint Annual meeting provided for in
section 8.2.
8.1.1 The parties agree to meet on a quarterly basis to address the performance of the
Restated ILA. It is expected that these quarterly meetings will be attended by at least c
one City Council member, the Mayor, the City Attorney, the Finance Director, the District a
Fire Chief and at least one Commissioner from the District.
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8.2 Joint Annual Meeting. In addition to the meeting(s) referred to in Section 8.1 above, the a
Edmonds City Council and Board of Fire District #1 Commissioners shall have a joint
annual meeting after, but within 30 days, of the annual report at a properly noticed place
and time to discuss items of mutual interest related to this Restated ILA.
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8.3 Representation on_Infergovernmental Boards. The District shall represent the City on
intergovernmental boards or on matters involving the provision of services under this
Restated 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 District are not
aligned or whenever any matter relates to the appropriation of or expenditure of City
funds beyond the terms of this Restated ILA.
9. EXISTING AGREEMENTS
9.1 BEM, SNOCOM and SERS. The City currently has contractual relationships with other
entities or agencies including the Department of Emergency Management (DEM) (or
successor), Snohomish County Communications Center (SNOCOM) (or successor), and
Snohomish County Emergency Radio System Agency (SERS) (or successor). The City
shall maintain its representation and financial obligations with those entities or agencies
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and will act to represent itself and retain authority to negotiate on its behalf. At the
discretion of the City, the District 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 Mutual and Automatic Aid. The District shall assume any of the City's remaining
contractual responsibility and obligations for the provision of mutual and automatic aid.
9.3 Full Informations as Basis for Relationship. The City and District agree to coordinate their
individual relationships with other entities and agencies so that the services under this
Restated ILA will be provided in an efficient and cost effective manner. The City and
District agree to keep each other fully informed and advised as to any changes in their
respective relationships with those entities or agencies, whether or not those changes
impact the City and/or the District obligations shall be provided to the other party in
writing in a timely manner that allows a reasonable opportunity to discuss proposed
changes in relationships or obligations.
10, TERM OF AGREEMENT
10.1 20-Year Agreement. The Effective Date of this Restated ILA shall be February 1, 2017.
The Commencement Date of the Agreement was January 1, 2010, This Restated ILA
shall continue in effect until December 31, 2030, unless terminated earlier as provided in
section 11. After December 31, 2030: this Restated ILA shall automatically renew under
the same terms and conditions for successive, rolling five (5) year periods unless
terminated as provided in section 11.
10.2 Material Breach and Wind -Up Period. In the event of a Material Breach of this Restated
ILA, the City and District shall, unless the City and District mutually agree otherwise,
continue to perform their respective obligations under this Restated ILA for a minimum of
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 or (ii) 180 days if the City fails
to timely select a Remedial Measure following the District's issuance of a Threshold
Notice; provided further, that during the Wind -Up Period, the City and District shall
coordinate their efforts to prepare far the transition to other methods of providing fire and
EMS service 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 (Completed. Deleted for clarity]
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11.2 Termination — Notice. In addition to terminating this Restated ILA for a Material Breach,
either party may terminate this Restated ILA at any time by providing the other party with
two (2) years written notice of its intent to terminate.
11.3 Termination Costs_ Except as otherwise provided herein, the costs associated with
terminating this Restated 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.
11.3.1 Termination Due to Change in Law or by Mutual Agreement. In the event
that this Restated ILA is terminated due to a change in law or by mutual agreement,
each party shall bear its own costs associated with the termination.
11.3.2 Regional Fire Protection Service Authority. In the event that the District,
along with one or more fire protection jurisdictions, elects to create a Regional Fire
Protection Service Authority Planning Committee (`RFA Planning Committee") as
provided in RCW 52.26.030, the District agrees to notify the City of its intent and subject
to mutual approval of the District and other participating jurisdictions, to afford the City
an opportunity to be a participant on the RFA Planning Committee. Declining the
opportunity to participate in the RFA Planning Committee shall not be construed as a
Material Breach on the part of the City. In the event that a Regional Fire Protection
Service Authority (RFA) or another legally recognized means of providing fire and
emergency medical services is created, inclusive of District, the District's powers and
duties under this Restated ILA shall be assigned to the RFA as the District's successor -
in -interest as provided by RCW 52.26.100,
11.3.2.1 If the District forms a RFA with any other agency, the parties shall E
confer to determie whether any efficiencies have resulted from the creation of the RFA a
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that could warrant reconfiguring the service provided to the City. L
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11.4 [reserved]
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11.6 Duty to Mitigate Costs. The City and District have an affirmative duty to mitigate their
respective costs of termination, irrespective of the party who elects to terminate this
Restated I LA and irrespective of the party who must bear the costs of termination.
11.7 Return of Assets to the City. Regardless of the reason for termination, the City and
District agree that like assets purchased by and transferred to the District as part of the
Agreement shall be purchased by the City as described below. This provision shall not
apply to the formation of an RFA in which both the City and the District are participants.
11.7.1 Purchase Back Rolling Stock. All rolling stock in use by the District at the City
Fire Stations at the time of termination shall 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
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fair and equitable, including, for example, City contributions to apparatus replacement,
costs incurred by the District for acquisition, maintenance, and repair, depreciation, etc.
11.7.2 Purchase Back Equipment. All equipment in use by the District at the City Fire
Stations at the time of termination shall be purchased back at fair market value.
11.7.3 tCompleted. Deleted for clarity]
11.7.4 District Employees. The District shall indemnify, defend and hold the City
harmless from any and all demands, claims, or actions by District personnel, which
arises out of or relate to the time that such personnel were employees of the District,
PROVIDED HOWEVER, that the indemnification shall not apply to any claims arising as
a result of the City's actions during the term of the Agreement or the Restated ILA.
12, DECLINE TO MERGE
12.1 City Declines to Merge. In the event that the District enters into an agreement with any
other fire district or agency that is functionally equivalent to a merger, the City may opt to
terminate this Restated ILA without prejudice or penalty. To exercise this option the City
shall provide written notice to the District of its intent to end the Restated ILA. Such
notice shall be provided not more than ninety (90) days after receiving written notification
from the District in accordance with the provisions of Section 19.1 that the District
intends to merge with another entity.
12.11A Not a Material Breach. The City's decision to terminate under 12.1 does not c
constitute a Material Breach of the Restated 1LA and none of the penalties associated Q
with a Material Breach shall apply to the City.
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12.1.2 12-Month Notice. The City's notice shall provide an effective date of termination a
which shall be no more than twelve (12) months after the City officially notifies the L
District of its termination, unless otherwise agreed to by the parties, and the costs of
termination shall be split evenly between the parties. w
12.1.3 City Exit from Agreement. If the City elects to terminate the Restated ILA
because of an impending merger between the District and one or more other jurisdiction,
the City's exit will be under the terms and conditions described in Section 11.7.
13. [deleted]
14. TOWN OF WOODWAY
14.1 Service to Woodway. The City may, in accordance with the terms herein, subcontract
with the Town of Woodway to have the District provide fire and emergency medical
services to the Town of Woodway. The City shall consult with the District in advance of
entering into any such subcontract, and the District shall have the opportunity for input
into any issues that may affect service and/or the cost of providing service. The City
shall provide advance written notice to the District of at least twelve (12) months prior to
any commencement of such service. The City's subcontracting of the District's service to
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Woodway shall not be considered an unfunded mandate, and no change in the Contract
Payment shall result from such a subcontract, provided that the City is not requesting
additional staff to serve Woodway. Any and all payments from such a subcontract with
Woodway shall be paid to the City of Edmonds only. The District agrees not to compete
with the City of Edmonds in such negotiations_
14.1.1 If the City is requesting additional staff to serve Woodway, the parties shall
renegotiate the Contract Payment retroactive to the date that the District begins
providing the additional staff. If the parties have not executed an amendment prior to the
commencement of service to Woodway, either party may invoice the Dispute Resolution
procedures in Section 18.1 and 18.2; provided, however, that any adjustment to the
Contract Payment arising out of the Dispute Resolution Procedures shall be retroactive
to the date that the District begins providing the additional staff to serve Woodway. In
this context, failure of either party to participate in, or comply with, the Dispute
Resolution Procedures in Section 18.1 and/or 18.2 shall be deemed a Material Breach.
14.1.2 The City of Edmonds right to subcontract with the Town of Woodway constitutes
the consideration for the City's agreement to incur the additional 9.13% in Exhibit C
initially attributable to Woodway under the Agreement.
14.1.3 At the City's request, the District agrees to work with Shoreline Fire Department
to adjust automatic aid responses into the Town of Woodway.
14.1.4 In the event that the Point Wells development is to become part of the service
area for the District, such event shall be deemed a "Negotiation Threshold", and the
negotiation provisions of 2.2.3 - 2.2.4 shall apply.
15. [Completed. Deleted for clarity]
16. CITY AND DISTRICT ARE INDEPENDENT MUNICIPAL GOVERNMENTS
16.1 Independent Governments. The City and District recognize and agree that the City and
District 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 District shall have the sole discretion
and the obligation to determine the exact method by which the services are provided
within the District and within the City unless otherwise stipulated within this Restated
I LA.
16.2 Resource Assignments. The District shall assign the resources available to it without
regarding to internal political boundaries, but rather based upon the operational
judgment of the District as exercised within the limitations and obligations of Sections 2.4
through 2.8.
16.3 Debts and Obligations. Neither the City nor District, except as expressly set forth herein
or as required by law, shall be liable for any debts or obligations of the other.
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17. INSURANCE
17.1 Maintenance of Insurance. For the duration of this Restated ILA, each Party shall
maintain insurance as follows: Each party shall maintain its own insurance policy
insuring damage to its own fire stations, real and personal property and equipment if
any, and "policy" shall be understood to include insurance pooling arrangements or
compacts such as the Washington Cities Insurance Authority (WCIA). 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 one million
dollars ($1,000,000.00) per occurrence with a deductible of not more than five -thousand
dollars ($5,000.00). The District shall maintain an insurance policy insuring against
liability arising out of work or operations performed by the District under this Restated
ILA in an amount not less than one million dollars ($1,000,000.00) per occurrence with a
deductible of not more than five -thousand dollars ($5,000.00). The phrases "work or
operations" and "maintenance and operations" shall include the services identified in
Section 1. Scope of Services, the services of the Fire Marshal and the District Fire
Chief, acting in the capacity of City Fire Chief and any obligation covered by Exhibit 6,
Section 9.
17.2 Claims of Former City Employees. The City has provided proof of coverage that it has
maintained insurance against claims by former City Personnel for incidents and
occurrences which may have occurred prior to the Commencement Date of the
Agreement, including but not limited to, injuries, employment claims, labor grievances,
and other work -related claims. Such insurance was at all times in an amount not less
than one million dollars ($1,000,000.00) per occurrence with a deductible of not more a
than five -thousand dollars ($5,000.00). The City will hold harmless the District and its
insurance provider for any such claims lawsuits or accusations that occurred prior to the
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Commencement Date.
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17.3 Claims of Former District Employees. The District represents and warrants that it has
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maintained insurance against claims by District employees for incidents and occurrences
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which may have occurred during the time period prior to the Commencement Date of the
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Agreement, including but not limited to injuries, employment claims, labor grievances,
and other work -related claims. Such insurance was at all times in an amount not less
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than one million dollars ($1,000,000.00) per occurrence with a deductible of not more
than five -thousand dollars ($5,000.00).
17.4 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 Restated ILA.
The provisions of this section shall survive the expiration or termination of the
Agreement and the Restated ILA.
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17.5 Release from Claims. Except as specifically provided in this Restated ILA, and except in
the event of breach of this Restated ILA, the District and the City do hereby forever
release each other from any claims, demands, damages or causes of action arising prior
to the Commencement Date and related to damage to equipment or property owned by
the City ar District or assumed under the Agreement or the Restated ILA. It is the intent
of the City and District to cover this risk with the insurance noted above.
18. DISPUTE RESOLUTION
It is the intent of the City and District to resolve ail disputes between them without
litigation. In the event that any dispute between the City and District cannot be resolved
by good faith negotiations between the City and District, then the dispute resolution
provision of this Restated 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 under Section 2 of this Restated ILA 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 District 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 Restated ILA. Nothing herein shall prevent
either party from providing notice of termination of the Restated ILA pursuant to Section
11,2 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.
18.1 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
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City and District cannot agree upon a mediator within ten (10) business days after such
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request, the City and District shall submit the matter to the Judicial Arbitration and
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Mediation Service (JAMS) and request that a mediator be appointed. This requirement
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to mediate the dispute may only be waived by mutual written agreement before a party
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may proceed to litigation as provided within this Restated ILA. Except for unusual
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reasons beyond the reasonable control of either party, mediation shall be completed
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within ninety (90) days after the mediator is selected. Any expenses incidental to
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mediation, including the mediator's fee, shall be borne equally by the City and District.
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18.2 Binding Arbitration. If the City and District are unsuccessful in resolving any dispute
subject to the Dispute Resolution provisions through mediation, either party may
demand binding arbitration as provided herein, unless the nature of the dispute is not
subject to arbitration pursuant to other provisions of this Restated I LA.
18.2.1 The arbitration shall be conducted by JAMS in Seattle, Washington or other
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 arbitrator with twenty (20) days from the date the matter is
submitted to JAMS. In the event that the parties fail to agree on a JAMS arbitrator within
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such time, then JAMS 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 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 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.
18.2.2 At any arbitration involving the Contract Payment, the arbitrator shall, as nearly as
possible, apply the analysis used in this Restated ILA and supporting Exhibits to adjust
the Contract Payment. The arbitrator may deviate from such analysis and use principles
of fairness and equity, but should do so sparingly.
18.2.3 Unless the City and District mutually consent, the results of any binding arbitration
session shall not be deemed to be precedent for any subsequent mediations or
arbitrations.
18.2.4 The decision of the arbitrator shall be final and binding upon both parties, subject
only to the right of appeal as provided in RCW 7.04; provided, however, that in arriving
at such decision, neither of the parties nor the arbitrator shall have the authority to alter
this Restated ILA in whole or in part.
18.2.5 The arbitrator cannot order either party to take action contrary to law.
18.2.6 The substantially prevailing party, if any, in any binding arbitration action shall be
entitled to an award of its reasonable attorneys' fees and costs. Q
18.3 Litigation. For disputes that are not subject to binding arbitration, either party may file an at
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action in Superior Court. Jurisdiction and venue for such actions shall lie exclusively in a
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Superior Court for Snohomish County, Washington, Each party expressly waives the
right to a jury trial. The party substantially prevailing in any such action ❑r proceeding
shall be awarded its reasonable costs and attorneys' fees. w
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19. MISCELLANEOUS PROVISIONS
19.1 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:
District Secretary: City Clerk:
Snohomish County Fire Protection District No. 1 City of Edmonds
12425 Meridian Avenue 121 5t" Avenue North
Everett, WA 98208 Edmonds, WA 98020
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Or, to such other address as the foregoing City and District 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.
19.2 Other Cooperative Agreements. Nothing in the Restated ILA shall preclude the City and
the District form entering into contracts for service in support of this Restated ILA.
19.3 Public Duty Doctrine. This Restated ILA shall not be construed to provide any benefits
to any third parties. Specifically, and without limiting the foregoing, this Restated ILA
shall not create or be construed as creating an exception to the Public Duty Doctrine.
The City and District shall cooperate in good faith and execute such documents as
necessary to effectuate the purposes and intent of this Restated ILA.
19.4 Entire Agreement. The entire agreement between the City and District hereto is
contained in this Restated ILA and exhibits thereto. This Restated ILA supersedes all of
their previous understandings and agreements, written and oral, with respect to this
transaction. This Restated ILA supersedes the Agreement except where provisions
have expressly been omitted for clarity and conciseness. Only those exhibits referenced
in this Restated ILA shall continue to be effective.
19.5. Amendment. This Restated ILA may be amended only by written instrument approved
by the governing bodies of the City and District subsequent to the date hereof.
Notwithstanding the foregoing, the parties agree that the formulas for NUUF, UUF, and
TBF may be changed administratively by mutual agreement of the parties if executed by
the Mayor and Council President (for the City) and the District Fire Chief (for the District)
in the event that a significant change occurs which would affect such formulas (e.g. RFA
is formed, changes in dispatch technology); provided however, that any changes to the
formulas shall be consistent with the underlying intent.
Dated this jjday of IPR-
017
SNOHOMISH COUNTY FIRE ECTION DISTRICT NO. 1
BY:
By:
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Approv j to form:
By:
_ (fiz?
❑isthc om
CITY DP EDMONDS
By: Attest:
Approved as to form:
By:
City Attomey
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►ARMi
Approved as to farm:
By:
District Attorney
CITY O INION1
By: Attest: -
Approved as to form:
By:
City Attorney
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EXHIBIT A
1W:1 VITIl:T-"1:►1WAN 9]4Ia411►14;1=19311t97.7
1 In consultation with the City, the District Fire Chief shall designate an individual to serve as
City Fire Marshal, and ensure the assignment of necessary personnel to support the needs
and functions of the Fire Marshal as specified in the International Fire Code, City ordinances,
and other fire service -related national, state, and local standards adopted and/or followed by
the City-
2- As employees of the District, the City Fire Marshal and Fire Inspector shall 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
and throughout the jurisdictional areas served by the District.
3. The City agrees to pay fifty percent (50%) of the annual personnel cost (wages and benefits)
of {providing one (1) Fire Marshal, and one hundred twenty-five percent (125%) of the annual
personnel cost (wages and benefits) of providing one (1) Fire Inspector.
4. The City Engine Company Inspection Program shall be maintained in its current form unless
modified by mutual agreement of the parties.
5. The City agrees to provide office space, office furnishings, computers, fax, copier, Q
printer, telephone landlines, and postal support for the use of the Fire Marshal and Fire
Inspector in Edmonds City Hall.
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6. All fees collected for Fire Permits/Special use, Fire Plan Checks, and Construction a
Inspections shall be retained by the City. L
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USE OF FIRE STATIONS
For as long as the Restated ILA remains in effect, the City hereby grants to the District exclusive
use and possession of premises for use as fire stations on the terms and conditions described
below.
Three Fire Stations. The City shall provide use of the three fire stations located at 8429 -
196'h Street Southwest, 275 - 6'h Avenue North, and 23009 - 881h Avenue West in the
City of Edmonds, Washington, PROVIDED THAT the City reserves the right to substitute
these stations with new stations as further described in the Restated ILA.
2. Compliance with Applicable Codes. The fire stations provided by the City shall be
compliant with all applicable codes, including without limitation, the applicable provisions
of the Edmonds City Code and applicable Washington State Standards and regulations
(currently WAC 296-305-06501 et seq.).
3. No Use Charge. No use charge shall be assessed to the District. The parties agree that
the rights and contractual obligations contained within the Restated ILA constitute
adequate consideration for District use and possession of the premises.
4. Utilities and Services. The City shall ensure the supply of all utilities necessary for the
use of the premises, to include: water, sewer, garbage, heating, air conditioning,
electrical power, telephone and information tech noIogylsystem data lines.
4.1
Cost for Utilities. The District shall be responsible for the cost of all utilities used
on the premises, except for those utilities supplied by the City. if a separate meter is
unavailable for any utility that the District is responsible to pay, then the cost shall be
equitably apportioned to the District in a manner agreeable to both parties.
5. Conditions and Repairs. The City agrees to keep the premises and the buildings in good
condition and repair as reasonably requested by the District for use as fire stations
during the term of this Restated ILA at its own expense. The City shall at all times keep
the buildings suitably equipped as fully functioning and operational fire stations.
6. Improvements, Upon District request, the City shall install such reasonable
improvements as are normal and customary in connection with District use of premises
set forth herein. The City shall pay for such improvements.
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2.1.a
7. Removal of Personal Property Upon Termination of Agreement. Upon termination of this
Restated ILA, the District shall remove all non -fixed equipment and personal property
placed upon the premises by the District during the period of this Restated ILA unless
those items are subject to repurchase by the City as provided in the Restated ILA. Any
personal property not removed from the fire stations within 66 days after termination of
this Restated I LA shall become the property of the City.
8. Maintenance of Premises.
8.1 Maintenance of the buildings, the premises and all improvements thereon is the
sole responsibility of the City. Such responsibility includes without limitation, repair of
walls, floors, ceiling, interior doors, interior and exterior windows and fixtures, sidewalks,
landscaping, driveways, parking areas, walkways, building exterior and signs,
8.2 City shall maintain in good condition the structural parts of the fire stations and
exterior buildings and structures which shall include emergency lighting, fences,
enclosures, curbs, gutters and sidewalks, foundations, bearing and exterior wails,
subflooring and roof, roof -mounted structures, unexposed electrical, plumbing and
sewerage systems, including those portions of the systems lying outside the premises,
exterior doors, apparatus bay doors, window frames, gutters, downspouts on the
building and the heating, ventilating and air conditioning system servicing the premises.
8.3 All janitorial services for routine cleaning of the buildings shall be the
a
responsibility of the District.
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8.4 All grounds maintenance of the premises, to include fencing, enclosures, gates,
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landscape, stairs, rails, curbs, gutters, sidewalks, drains, and water retention structures
L
shall be the responsibility of the City.
9. Insurance and Financial Security.
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9.1 The parties agree that the City shall not be responsible to the District for any
T
property loss or damage done to the District's personal property occasioned by reason
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of any fire, storm or other casualty whatsoever beyond the control of the City. The
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District shall insure its personal property located on the premises. LL
9.2 The District shall not be responsible to the City for any loss or damage to the
buildings or premises that is not caused by the sole negligence of the District, The City
shall insure the premises and buildings against such loss or damage. The District shall
repair any damage to the buildings caused by its sole negligence
9.3 In the event of a casualty loss that renders the premises reasonably unsuitable
for the use set forth herein, the City shall provide the District with another suitable
location(s) for the District until such time as the premises have been repaired. The cost
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2.1.a
of repairs, and the costs of relocation between the premises and the substitute
locations), shall be borne by the City.
10. 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 of hereafter designated as hazardous under the Resource
Conservation and RecoveryAct, 42 U.S.C.Sec. 6901 et sea.; the Federal Water
Pollution Ccntroi Act, 33 U.S.C. Sec. 1257 et seg.; the Clean Air Act, 42 U.S.C. Sec.
2001 et_ _ seg.; the Comprehensive Environmentai Response Compensation and Liability
Act of 1980, 42 U.S.C. Sec. 9501 et. Seq.; or the Hazardous Waste Cleanup -Model
Toxic Control Act, RCW 70.105D all as amended and subject to all regulations
promulgated thereunder.
11. Indemnification and Hold Harmless: Each party agrees to protect,
save, defend, hold harmless and indemnify the other party, its officers,
employees and agents from any and all demands, claims, judgments, or
liability for loss or damage arising as a result of accidents, injuries, or other
occurrences on the premises, occasioned by either the negligent or willful
conduct of the indemnifying party, regardless of who the injured party may be.
12. Termination of Agreement. Upon termination of this Restated ILA or any extension 3
thereof, whether by expiration of the stated term or sooner termination thereon as
provided in the Restated ILA, the District shall surrender to City the premises peaceably Q
and quietly.
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13, Default and Remedies. a
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13.1 Failure of the City to perform repairs or maintenance
to the buildings or premises as described in 8 above within a reasonable
period after notice by the District shall constitute a Material Breach under the terms of w
this Restated ILA. For purposes of this Restated ILA, a reasonable period shall be r
r
construed to mean five (5) business days, for repairs and maintenance that could
feasibly be performed in such time.
13.2 Notwithstanding anything to the contrary, if the nature of the repair constitutes an
operational, safety, and/or security emergency which materially affects District use of the
premises or building for their intended purpose, the City shall perform the repair as soon
as possible regardless of the day or hour and no later than forty-eight (48) hours after
receiving notification from the District.
13.3 If the City fails to timely perform the repair or maintenance under the conditions
described above after notification, the District may have such repair or maintenance
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 or maintenance
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2.1.a
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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EXHIBIT C
CONTRACT PAYMENT
2.1.a
Station Costing Model
Station Personnel (FTEs)
FTE Battalion Chiefs
FTE Captains
FTE Firefighter/Paramedics
FTE Firefighters
Firefighter/Paramedics-12 Hour
Firefighters-12 Hour
2017
5ta 16, 17, 20 All Cross Staffed\ALS
Average Wage &
Benefits per
FTE Position
2.424 1 186,248
13.746
161,593
18.000
147,936
9,492
133,343
147,936
133,343
Total Positions 41.239
FTE Factor 4.582
Station Staffing 9,600
a
ADD: Administrative Overhead 10%
Maintenance & Operations 10%
Apparatus Replacement 2017
TOTAL SUPPRESSION/EMS CONTRACT COST
2017 Esperance AV 565,469,115 Esperance Est. Property Tax Revenue
ADD:
Additional Staff Paid Separately by the Contracting Agency
Fire Chief
Assistant Chief
Deputy Chief
Department Manager
Executive Assistant
Manager
Professional/5pecialist
Admin Assistant
Technicians
Fire Marshal
Deputy Fire Marshal jinspector]
Count
Total Labor Costs I
per Position
451,465
2,221,260
2,662,854
1,265,692
270
127
127
062
23
(1,11 ?,ISO)
7,114,436
254,227
213,009
199,030
0.500 203,408 101,704
17— 1.2s0 169,958 212,448
TOTAL ADDITIONAL COSTS
TOTAL FIRE/EMS SERVICES COST
Cost of living increases based on CPI-W, not Comps
1 314,152 1
..7
a
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2.1.a
EXHIBIT D
APPARATUS REPLACEMENT
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2.1.a
EXHIBIT E
Definitions Subject to Administrative Amendments Pursuant to Article 19.5
1. NEIGHBORING UNIT UTILIZATION FACTOR. Neighboring Unit Utilization Factor or NUUF
is the method used by the parties to determine how much time Units associated with one
jurisdiction are Assigned to calls in another jurisdiction. Because the District provides service
across a number of different cities and unincorporated areas, and because those various
jurisdictions make payments to the District for those services, Neighboring Unit Utilization Factor
is relevant even where a District Unit is dispatched to a call that is still within an area served by
the District but outside of the normal area served by that Unit.
NUUF is determined by converting the following fraction to a decimal rounded to the
nearest thousandths:
l►Loll] M
total seconds that non -Edmonds Units are Assigned to calls in Edmonds over the
previous calendar year
total seconds that Edmonds Units are Assigned to calls outside of Edmonds over
the previous calendar year
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Formula_ Explanation: In this fraction, the numerator shall equal the total number of seconds
that non -Edmonds Units are assigned to calls in Edmonds (not including Esperance, unless a
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Esperance is annexed) over the previous calendar year. The denominator shall equal the total
number of seconds that Edmonds Units are assigned to calls outside of Edmonds (Esperance U)
shall be considered "outside of Edmonds" for the purpose of this calculation unless Esperance w
is annexed) over the previous calendar year. r
Calculation: Neighboring Unit Utilization Factor shall be calculated separately for the City of
Lynnwood (stations 14 and 15 combined) and any non. -Edmonds unit within the District, e.g.,
Station 19, for as long as Lynnwood and the District are not part of the same Regional Fire
Authority.
Determination of Whether NUUF is in Balance: Unlike the Unit Utilization Factor, the NUUF
need only be calculated on an annual basis after the completion of each calendar year. NUUF
shall be considered balanced if the NUUF falls somewhere between 0.900 and 1.1 00. For
example; if Lynnwood's Units are assigned to calls in Edmonds that total 1,000,000 seconds
during a calendar year, and Edmonds Units are assigned to calls in Lynnwood that total
1,095,000 seconds during a calendar year, the NUUF for that year would equal 0.913 and would
be considered in balance. If, on the other hand, the numerator were to remain the same; but the
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2.1.a
Edmonds Units are assigned to calls in Lynnwood that total 880,000 seconds, the NUUF for that
year would equal 1.136 and would be considered out of balance.
Special Calculation for 2017: Since this Restated ILA takes effect after January 1, 2017, the
2017 NUUF shall be calculated proportionally for that portion of 2017 following the Effective
Date.
2. TRANSPORT BALANCE FACTOR. Transport Balance Factor (TBF) is the method used by
the parties to determine how frequently Units associated with one jurisdiction transport patients
resulting from calls in another jurisdiction. Because the District provides service across a
number of different cities and unincorporated areas, and because Edmonds is entitled to receive
transport fee revenue for all District transports resulting from calls in Edmonds regardless of
whether the transport is performed by an Edmonds Unit or a non -Edmonds Unit, Transport
Balance Factor is relevant to whether transport fees are being distributed in an equitable
manner. TBF is determined by converting the following fraction to a decimal rounded to the
nearest thousandths:
TBF =
number of transports that non -Edmonds Units provide from calls in Edmonds
over 6 months
number of transports that Edmonds Units provide from calls outside of Edmonds
over 6 months
Formula Explanation: In this fraction, the numerator shall equal the total number of
transports that non -Edmonds Units provide from calls in Edmonds (not including
Esperance, unless Esperance is annexed) over the previous six-month period. When an
Edmonds Unit and a non -Edmonds Unit both respond to a call in Edmonds and the non -
Edmonds Unit transports the patient, that call may not be counted in the numerator,
even if the Edmonds Unit responded with a non -transport vehicle. The denominator shall
equal the total number of transports that Edmonds Units provide from calls outside of
Edmonds (Esperance shall be considered "outside of Edmonds' for the purpose of this
calculation unless Esperance is annexed) over the previous six-month period.
Determination of Whether TBF is in Balance: TBF shall be considered "balanced" if the
TBF €ails somewhere between 0.900 and 1.100. While TBF is intended to be analyzed
by looking back over the previous six months, during 2017, a special quarterly TBF shall
be calculated that looks at TBF on a quarterly basis and adjusts the calculation method
accordingly. The quarterly analysis shall be performed beginning with the second quarter
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2.1.a
of 2017. The quarterly TBF is intended to give the District the ability to analyze the effect
of minor dispatch adjustments before TBF could result in a Threshold Notice being
issued.
3. UNIT UTILIZATION FACTOR
UUF =
Unit Utilization Factor or UUF is the method used by the parties to determine how busy a
particular Unit is. Unit Utilization Factor is determined by converting the following fraction
to a decimal rounded to the nearest thousandths:
number of seconds a Unit is Assigned to all calls over the previous twelve-month
period
31,536,000
Formula Explanation: In this fraction, the numerator shall equal the total number of
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seconds a Unit is Assigned to all calls over the previous twelve-month period. The
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denominator shall always be 31,536,000 (the number of seconds in a twelve-month
period). Because this contract initially contemplates exactly one Unit at each station, with
each station having multiple apparatus types, the total number of seconds a Unit is
a
Assigned to all calls shall be the total for all apparatus types used by that Unit. The
activity of the Battalion Chief and Medical Services Officer shall not be counted in the
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numerator for any unit. For example, if, over the previous twelve-month period, Engine
a
20 was Assigned to calls totaling 72,089 seconds, and Ladder 20 was Assigned to calls
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totaling 229,320 seconds, and Medic 20 was Assigned to calls totaling 4,008,640
seconds, then the calculation for UUF would be made as follows:
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4,310,049
UUF = = 0.1366 (rounded to 0.137)
31,536,000
Frequency of Calculation: Unit Utilization Factor shall be calculated as soon as possible
after the end of each quarter, looking back over the previous twelve-month period.
While UUF is intended to be analyzed by looking back over the previous twelve months,
during the each of the last three quarters of 2017, a special UUF shall be calculated that
looks at UUF on a quarterly basis and adjusts the calculation method accordingly. The
quarterly analysis during 2017 is intended to keep data from the service delivery model
prior to the Effective Date from contaminating the data applicable to the Restated ILA.
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2.1.b
Packet-Pg. 36
2.1.b
Packet-Pg. 37
2.1.b
Serving our citizens
• Fires
• Medical emergencies
• Motor vehicle collisions
• Hazardous materials
incidents
• Rescues
• Marine response
• Other hazards and emergency situations
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2.1.b
Emergency Medical Services40
M-We,
High -Performance CPR
Our most requested
service: 85% of calls
are dispatched as
EMS
All firefighters are
emergency medical
technicians or
paramedics
Cardiac arrest save
rate across the RFA
is over 50%, well
above the state and
national average
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Community Paramedics
• Non -emergency service to help reduce 911 calls and
hospital use
• Serves older adults, mental health patients, disabled
people, homeless and veterans
• Breaks down barriers and create access to care
By the numbers
in Edmonds:
• 140 enrollments
• 143 visits
• 540 phone call contacts
• 66 emails, texts and
fax contacts
For Edmonds patients enrolled
in the program in the first half
of 2019:
• 30% reduction in 911 calls
• 22% reduction in
emergency department
visits
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2.1.b
Regional Training
• Working with other county
departments to regionalize training:
• Snohomish County Fire Training
Academy
• Snohomish County Fire Training
Consortium
Sharing instructors and expertise
Reducing duplicated efforts
Breaking down borders with
neighboring fire agencies will allow us
to work together more effectively on
mutual aid incidents
C*
Packet Pg. 41
2.1.b
Fire Prevention
By the numbers in Edmonds:
• 216 business license inspections
• 1,461 maintenance/follow up
inspections
• 628 construction inspections (707
hours)
• 198 compliance inspections
• 26 special event inspections
• 573 plan review hours
• 80% of single family homes
constructed had sprinkler systems
installed (41 out of 51 homes built)
Major projects:
• Edmonds Post Office Phase II
• Edmonds Senior Center
• Main Street Commons
• Anthology Senior Living
• Graphite Studios
• Graphite Apartments
• Westgate Village
• Magic Toyota
• Westgate Apartments
• Doug's Mazda Service Center
• Doug's Mazda
• GRE Apartments (192 units)
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Packet Pg. 42
2.1.b
Community Outreach
By the numbers
in Edmonds:
• 145 smoke alarms installed
• 935 students reached through
school visits
• 115 reached through fire
department presentations
• 6,710 reached through
community events
• 524 reached through South
County Fire open houses
• 36 car seats checked for
Edmonds residents
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Community Outreach Events
EMS Week Open House and Teddy Bear Clinic
Downtown Edmonds Fire Station 17
3 skillsto saveolif 11
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2.1.b
Community Outreach Events
Neighborhood Night at Esperance Fire Station 20
110,
A
Fourth w�
of July'
h�
Parade
t
Taste Edmonds
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Outreach Classes: ACT First Aid
More than 8,000 trained to date. GOAL: 10,000 by EMS Week May 2020
In just one hour, ACT teaches 3 skills you can use to save a life in those first few minutes before
firefighters arrive:
Antidote
for opiate overdose
CPR/AED
for cardiac arrest
Tourniquet
for bleeding control
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Outreach: Disaster Preparedness
• Community Emergency
Response Team (CERT)
training twice a year
• NEW: Family
Preparedness Class
• Free 2-hour training
• Seven classes scheduled
for 2020
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2.1.b
Community Risk Reduction
• One of 25 departments in the
nation selected to participate
in a grant -funded pilot project
on assessing community risks
• Data -driven process
• Identify, prioritize and plan to
reduce risks specific to the
communities we serve
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2.1.b
EMERGENCY RESPONSES
2019 by the numbers and contract -required metrics
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2.1.b
How many calls?
Total incidents in the City of Edmonds in 2019: 5,486
2015 2016 2017
Source: Snohomish County 911 data
2018 2019
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2.1.b
What type of calls?
85% of calls are dispatched as emergency medical aid
16
Source: Snohomish County 911 data
Packet-Pg. 51
Response times
_.. ' Looks at 8-minute
response time in four
categories
"F This measures Sno911's
;t call receipt to arrival
• Comparisons of data for
2017, 2018 and 2019
Response times are
A
getting longer
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2.1.b
Response times:
Percentage of calls within
8 minutes or less
2017 2018
Source: Snohomish County 911 data
2019
Response time on 90 percent of calls in
this category
2017 2018 2019
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2.1.b
Turnout time
0 Measures the time from when 911 call is dispatched to the time the apparatus leaves the
station
The reporting standard in the contract is different from the city's adopted standard in the
1756 compliance report: 2:15 (contract) vs. 2:45 (compliance report)
South County Fire meets and exceeds the city adopted standard of 2:45 (93.02%)
Turnout time percentage at 2:15
2017
Source: Snohomish County 911 data
2018
2019
90 percent turnout time
2017 2018 2019
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2.1.b
Neighboring Unit Utilization Factor
What it evaluates: Response of units across jurisdictional boundaries.
What the numbers mean:
• 100% = an equal balance of cross -jurisdictional response
• Contract considers 90%-110% to be within balance range
• Over 100% = units from neighboring jurisdictions are responding into Edmonds
more than Edmonds units are responding outside the city
Why does this matter?
■ We have a regional emergency delivery system
■ This evaluates if level of service decisions in one jurisdiction negatively impact a
neighboring jurisdiction
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2.1.b
Neighboring Unit Utilization Factor:
■ Mountlake Terrace ■ Lynnwood RFA
2017 2018 2019
Neighboring fire units respond into Edmonds more than Edmonds units respond into
neighboring jurisdictions.
• Mountlake Terrace units: 30.3% more into Edmonds
• Lynnwood units: 110.4% more into Edmonds
• RFA units: 61.6% more into Edmonds
21
Source: Snohomish County 911 data
Packet-Pg. 56
2.1.b
Unit Hour Utilization Factor
What it evaluates: Percentage of time a fire unit is on a call
What the numbers mean: The higher the number, the busier the unit is
• Unit Hour Utilization Factor is up for Edmonds stations, but within
compliance with contract standards
• This number is up at all Edmonds fire stations
• 20% is the trigger to start looking at deployment options and additional
resources
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2.1.b
Unit Hour Utilization Factor
■ Station 16
■ Station 17
■ Station 20
2017 2018 2019
Source: Snohomish County 911 data
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2.1.b
Transport Balancing Factor
JAN-JUN JUL-DEC 2019 '
Source: Snohomish County 911 data
Looks at the balance between:
EDMONDS =� OUTSIDE CITY
The number of times Edmonds -based units
are doing transports outside the city
OUTSIDE CITY N* EDMONDS
The number of times South County Fire units
based outside the city are doing transports in
Edmonds
A factor of 1.0 means = in balance
In 2019, the factor was over 1.0:
OUTSIDE CITY units transporting in EDMONDS
> MORE THAN
EDMONDS units transporting OUTSIDE CITY
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Other required metrics
Transport fees billed and collected in
Edmonds and Esperance
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
Edmonds Billed
02017
$2,095,695
M2018
$2,374,490
El2019
$2,310,729
Edmonds
collected
$781,506
$1,013,928
$973,880
Esperance
Billed
$100,894
$135,776
$118,595
Esperance
collected
$44,978
$53,080
$48,838
Shoreline into Edmonds
(measured in incident responses)
140 —
120
100
80 69
60
40
20 EF
0
2017 t018 2019
Edmonds unit into Woodway
(measured in seconds)
12000
10000
8000
6000
4000
2000
0
2017 2018 2019
2S
Packet-Pg. 60
2.1.b
Standards of Cover compliance
2:45 2:34 2:34
2:15
Turnout time in Turnout time in First arriving engine
Standards of Cover contract company to a fire
Full first -alarm
assignment at
residential fire
Full first -alarm
assignment at
commercial fire
BLS response ALS response
■ Standard
■ 2017
■ 2018
■ 2019
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Source: Snohomish County 911 data
Packet Pg. 61
2.1.b
■
Quest'Oions?
Packet-Pg. 62
2.1.c
SOUTH COUNTY FIRE
ANNUAL COMPLIANCE REPORT
CITY OF EDMONDS
2019
BACKGROUND
On November 28, 2006, the City of Edmonds City Council adopted Resolution No. 1133,
which adopted the performance, policy, standards, and objectives outlined in the Wash-
ington Legislature Substitute House Bill 1756, as the Edmonds Fire Department emer-
gency resource deployment and response time objectives.
On November 2, 2009, the City of Edmonds City Council approved an Interlocal Agree-
ment with Snohomish County Fire District 1 (SCFD1) that transferred Fire and Emergen-
cy Service responsibilities to SCFD 1. NOTE: As of October 1, 2017, Snohomish County
Fire District 1 became South Countv Fire (RFA) and is referred to as South Countv Fire
in this compliance report. Section 2.5 of the Interlocal Agreement requires South County
Fire to report to the City performance standards as identified in RCW 35.103. The follow
ing constitutes this reporting requirement:
2019 COMPLIANCE REPORT CONTENTS
As required by SHB 1756, the 2019 Compliance Report includes four Sections:
• Section 1: Edmonds Municipal Code Chapter 2.12 Fire Department
• Section 2: South County Fire Policy Statements.
• Section 3: Comparison of 2019 response times to each adopted response stand-
ard.
• Section 4: An explanation of why Council -adopted standards were not met, the
predictable consequences of failing to meet the adopted standards,
and the steps necessary to correct deficiencies in order to achieve
compliance.
SECTION1.........................................................................................2
SECTION2.........................................................................................3
SECTION3.........................................................................................4
SECTION4.........................................................................................8
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2.1.c
SECTION 1
EDMONDS MUNICIPAL CODE
Chapter 2.12
FIRE DEPARTMENT
Sections:
2.12.010 Fire service.
2.12.020 Pre-existing rights and obligations not impaired.
2.12.010 Fire Service.
Fire service is provided to the citizens of the City of Edmonds by and through a contract with
South County Fire. Whenever any reference is made in the provisions of the Edmonds City Code
or Edmonds Community Development Code to "fire chief," "fire marshal," "fire department," or any
other reference to a firefighter or fire services, such term shall include, for the provision of admin-
istrative or other day-to-day fire services, to reference the fire chief, fire marshal and firefighting
services performed for the City by contract by South County Fire.
A. The officials of South County Fire, when performing services by contract to the citizens of
the City of Edmonds and to the city in its corporate capacity, shall exercise any and all
rights, duties, obligations and responsibilities in accordance with the provisions of this code
to the same extent and in the same manner as if performed by an employee of the City.
B. Employees of South County Fire shall not be entitled to any wage or benefit provision of
this code, including but not limited to Chapters 2.06 and 2.35 ECC. The Edmonds civil ser-
vice system shall remain in effect but no employee of South County Fire shall have re-
course to the Civil Service Commission following the termination date of fire department
employees by the City. [Ord. 3762 § 2, 2009].
2.12.020 Pre -Existing Rights and Obligations Not Impaired.
The City Council's determination to contract or not contract for fire services with South County
Fire and the provisions of this chapter shall not impair any existing vested right or vested obliga-
tion created under the provisions of state law or under Chapter 2.50 ECC, Firemen's Relief and
Pension System, Chapter 2.60 ECC, Reserve Fire Fighters' Relief and Pensions Act, Chapter
2.70 ECC, Retirement System, and Chapter 10.30 ECC, Disability Board, as well as the City's
MEBT plan. The rights of any person under such system vested prior to the transfer of fire service
responsibility by contract shall remain in full force and effect and are not impaired by either such
or the adoption of this chapter. [Ord. 3762 § 2, 2009].
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SECTION 2
POLICY STATEMENTS
The Fire Department maintains written policy statements that establish the
following:
1. The existence of the Fire Department is verified by Municipal Code 2.12.
X meets requirement does not meet
2. Services that the Fire Department is required to provide are addressed in the Inter -
local Agreement for Fire and Emergency Medical Services.
X meets requirement does not meet
3. The basic organizational structure of the Fire Department is as depicted in the SCF
Organizational Chart approved by the Fire Chief.
X meets requirement does not meet
4. The number of Fire Department employees on duty daily in 2019, at the Edmonds
stations, is 9 personnel as outlined in the Interlocal Agreement for Fire and Emer-
gency Services, and as adopted by South County Fire Board of Fire Commissioners
as part of the 2019 SCF Budget.
X meets requirement does not meet
5. The functions Fire Department employees are expected to perform are listed in the
Interlocal Agreement for Fire and Emergency Services, and in the 2019 South Coun-
ty Fire Budget.
X meets requirement does not meet
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SECTION 3
STANDARDS of RESPONSE COMPARISON (STANDARD OF COVER)
To measure the ability to arrive and begin mitigation operations before the critical events
of "brain death" or "flashover" occur, the Fire Department is required to establish re-
sponse -time objectives and compare the actual department results on an annual basis
against the established objectives. The comparison began in 2007 with a comparison of
the established response objectives against actual 2006 response times for the levels of
response. This year, actual 2019 response time data is compared against the originally
established, Council -adopted 2006 standard. The following section provides the compar-
ison:
Turnout time for all emergency incidents:
Turnout Time Standard: The Fire Department has adopted a turn out time
standard of 2:45, which the department should meet 90 percent of the time.
Actual Department Comparison for the Year 2019: The Fire Department did
meet the turn out time objective 90 percent of the time; 90 percent of the Fire
Department incidents experienced a turn out time of 2:34 minutes/seconds.
2A. Response time of the first -arriving Engine Company to a fire suppression
Inrident-
Response Time Standard: The Fire Department has adopted a response/travel
time standard of 6:30 for the arrival of the first engine company at a fire sup-
pression incident, which the department should meet 90 percent of the time.
Actual Department Comparison for the Year 2019: The Fire Department did not
meet the response time objective 90 percent of the time; 90 percent of fire sup-
pression incidents had the first engine arrive at the scene within 7:13
minutes/seconds of response time.
2B. Response time for the deployment of full first -alarm assignment to a residential
fire suppression incident:
Response Time Standard: The Fire Department has adopted a response/travel
time standard of 7:45 for the arrival of the full complement of a first alarm re-
sponse to a residential fire suppression incident, which the department should
meet 90 percent of the time. The Fire Department has adopted a first alarm re-
sponse of 15 firefighters.
Actual Department Comparison for the Year 2019: The Fire Department did not
meet the full deployment response time objective 90 percent of the time; 100
percent of fire suppression incidents had the full deployment of first alarm re-
sponding personnel and equipment arrive at the scene within 11:35
minutes/seconds of response time. * Total of 4 incidents.
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2C. Response time for the deployment of full first -alarm assignment to a commer-
cial fire suppression incident:
Response Time Standard: The Fire Department has adopted a response/travel
time standard of 9:00 for the arrival of the full complement of a first alarm re-
sponse to a commercial fire suppression incident, which the department should
meet 90 percent of the time. The Fire Department has adopted a first alarm re-
sponse of 18 firefighters.
Actual Department Comparison for the Year 2019: The Fire Department did not
meet the full deployment response time objective 90 percent of the time; 100
percent of fire suppression incidents had the full deployment of first alarm re-
sponding personnel and equipment arrive at the scene within 11:49
minutes/seconds of response time. * Total of 5 incidents and 4 were within
standard.
3. Response time of the first -arriving unit with a first responder (BLS) or higher -
level capability to an emergency medical incident:
Response Time Standard: The Fire Department has adopted a response/travel
time standard of 5:15 for the arrival of the first emergency medical unit with ap-
propriately trained personnel on board (BLS) to an emergency medical inci-
dent, which the department should meet 90 percent of the time.
Actual Department Comparison for the Year 2019: The Fire Department did not
meet the response time objective 90 percent of the time; 90 percent of emer-
gency medical incidents had the first -arriving first responder (BLS) arrive at the
scene within 6:17 minutes/seconds of response time.
4. Response time for the arrival of an advanced life support (two Paramedics) unit
to an emergency medical incident:
Response Time Standard: The Fire Department has adopted a response/travel
time standard of 6:45 for the arrival of an Advanced Life Support unit with ap-
propriately trained personnel (two Paramedics) on board to an ALS emergency
medical incident, which the department should meet 90 percent of the time.
Actual Department Comparison for the Year 2019: The Fire Department did
meet the response time objective 90 percent of the time; 90 percent of emer-
gency medical incidents had the Advanced Life Support (two Paramedics) unit
arrive at the scene within 6:02 minutes/seconds of response time.
5A1. Response time of the first -arriving apparatus with appropriately trained and
equipped Hazardous Materials Operations level personnel onboard to a haz-
ardous materials incident:
Response Time Standard: The Fire Department has adopted a response/travel
time standard of 6:30 for the arrival of the first unit with appropriately trained
and equipped Hazardous Materials Operations level personnel on board to a
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hazardous materials incident, which the department should meet 90 percent of
the time.
Actual Department Comparison for the Year 2019: The Fire Department did not
meet the response time objective 90 percent of the time. 100 percent of haz-
ardous materials incidents had trained and equipped Hazardous Materials Op-
erations level personnel arrive at the scene within 10:21 minutes/seconds of
response time. There were three incidents in 2019 (10:21, 04:05, 0:00).
5A2. Response time of the first -arriving apparatus with appropriately trained and
equipped Hazardous Materials Technician level personnel onboard to a haz-
ardous materials incident:
Response Time Standard: The Fire Department has adopted a response/travel
time standard of 12:00 for the arrival of the first unit with appropriately trained
and equipped Hazardous Materials Technician level personnel onboard to a
hazardous materials incident, which the department should meet 90 percent of
the time.
Actual Department Comparison for the Year 2019: The Fire Department did
meet the response time objective 90 percent of the time; 90 percent of hazard-
ous materials incidents had trained and equipped Hazardous Materials Techni-
cian level personnel arrive at the scene within X:XX minutes/seconds of re-
sponse time. There were no incidents in 2019.
5B1. Response time of the first -arriving apparatus with appropriately trained and
equipped Technical Rescue Operations level personnel on board to a technical
rescue incident:
Response Time Standard: The Fire Department has adopted a response/travel
time standard of 6:30 for the arrival of the first unit with appropriately trained
and equipped Technical Rescue Operations level personnel on board to a
technical rescue incident, which the department should meet 90 percent of the
time.
Actual Department Comparison for the Year 2019: The Fire Department did
meet the response time objective 90 percent of the time; 90 percent of tech-
nical rescue incidents had trained and equipped Technical Rescue Operations
level personnel arrive at the scene within 5:47 minutes/seconds of response
time. There were 12 incidents and 1 was greater than 5:47 minutes/seconds.
5B2. Response time of the first -arriving apparatus with appropriately trained and
equipped Technical Rescue Technician level personnel on board to a technical
rescue incident:
Response Time Standard: The Fire Department has adopted a response/travel
time standard of 12:00 minutes for the arrival of the first unit with appropriately
trained and equipped Technical Rescue Technician level personnel on board to
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a technical rescue incident, which the department should meet 90 percent of
the time.
Actual Department Comparison for the Year 2019: The Fire Department did not
meet the response time objective 90 percent of the time; 100 percent of tech-
nical rescue incidents had trained and equipped Technical Rescue Operations
level personnel arrive at the scene within 15:04 minutes/seconds of response
time. (There were two incidents in 2019).
6. Response time of the first -arriving apparatus with appropriately trained and
equipped Marine Rescue and Firefighting personnel on board to a marine inci-
dent:
Response Time Standard: The Fire Department has adopted a response/travel
time standard of 6:30 for the arrival of the first unit with appropriately trained
and equipped Marine Rescue and Firefighting personnel on board to a marine
incident, which the department should meet 90 percent of the time.
Actual Department Comparison for the Year 2019: The Fire Department did
meet the response time objective 90 percent of the time; 100 percent of Marine
incidents had trained and equipped firefighting personnel arrived at the scene
within 4:46 minutes/seconds of response time. There were three incidents in
2019.
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SECTION 4
COUNCIL -ADOPTED STANDARDS NOT MET
SHB 1756 requires an explanation when Council -adopted standards are not met, the
predictable consequences of failing to meet the adopted standards, and the steps nec-
essary to correct deficiencies in order to achieve compliance.
PERFORMANCE STANDARDS NOT MET
The Council -Adopted 2006 performance standards that were not met in 2019 are:
2A. Response time of the first -arriving Engine Company to a fire suppression
Indr1pnt-
Established: 6:30
Actual: 7:13
2B. Response time for the deployment of full first -alarm assignment to a residential
fire suppression incident
Established: 7:45
Actual: 11:35
2C. Response time for the deployment of full first -alarm assignment to a commer-
cial fire suppression incident:
Established: 9:00
Actual: 11:49
3. Response time of the first -arriving unit with a first responder (BLS) or higher -
level capability to an emergency medical incident:
Established: 5:15
Actual: 6:17
5A1. Response time of the first-arrivina apparatus with aoorooriately trained and
equipped Hazardous Materials Operations level personnel onboard to a haz-
ardous materials incident:
Established: 12:00
Actual: 15:04
5132. Response time of the first-arrivina apparatus with aaarogriately trained and
equipped Technical Rescue Technician level personnel on board to a technical
rescue incident
Established: 12:00
Actual: 15:04
N.
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