ENTERLOCAL AGREEMENT FOR FIRE AND EMERGENCY MEDICAL
SERVICES BY AND BETWEEN PIERCE COUNTY FIRE PROTECTION
DISTRICT NO. 15 AND THE CITY OF EATONVILLE

This Agreement is made and entered into on this day_______ of ,______ 2007, between Pierce County Fire Protection District 15 ("District") and the City of Eatonville ("City"), both municipal corporations of the State of Washington, located in Pierce County, Washington, with respect to the following facts:

WHEREAS, both parties have the power, authority and responsibility to provide fire protection and emergency medical services within their respective boundaries; and

WHEREAS, the City desires to provide such services by contracting with District 15 rather than operating its own fire department; and

WHEREAS, PIERCE COUNTY FIRE PROTECTION DISTRICT 15 has established and maintains a fire department, and is capable within reasonable limitation, of providing service to the geographical area served by the City; and

WHEREAS, PIERCE COUNTY FIRE PROTECTION DISTRICT 15 has provided mutual aid service to the City under an agreement executed in 1994; and

WHEREAS, both parties desire to enter into an agreement for the purpose of utilizing PIERCE COUNTY FIRE PROTECTION DISTRICT 15's capabilities to provide the City with all necessary and appropriate fire protection and emergency medical services; and

WHEREAS, the District is also consolidated by agreement with Pierce County Fire Protection District 17; and

WHEREAS, this agreement is specifically authorized by the Interlocal Cooperation Act set forth in Chapter 39.34 of the Revised Code of Washington and by Chapter 52.12 of the Revised Code of Washington; NOW THEREFORE,

IN CONSIDERATION OF THE PROMISES AND AGREEMENTS CONTAINED HEREIN, IT IS AGREED AS FOLLOWS:

1. Administration. The administration of the facilities and personnel necessary to carry out the operations required by this Agreement will be conducted by the designated Fire Chief of Pierce County Fire
Protection District 15. Due to the consolidation agreement between District 15 and Pierce County Fire Protection District No. 17, the Fire Chief of District 15 may be the Fire Chief of District 17.

2. Services Provided. PIERCE COUNTY FIRE PROTECTION DISTRICT 15 will provide fire prevention, fire suppression, emergency medical services (EMS), water rescue, special/technical operations and hazardous material incident response services to all properties Interlocals/FPD 15 and Eatonville and persons within the City. The services would be provided on the same basis as similar services are provided within PIERCE COUNTY FIRE PROTECTION DISTRICT 15, however PIERCE COUNTY FIRE PROTECTION DISTRICT 15 assumes no liability for failure to do so by reason of any circumstances beyond its control. In the event of
simultaneous emergency calls within PIERCE COUNTY FIRE PROTECTION DISTRICT 15 and the City, whereby facilities of PIERCE COUNTY FIRE PROTECTION DISTRICT 15 are taxed beyond its ability to render equal protection, the officers and agents ofPIERCE COUNTY FIRE PROTECTION DISTRICT 15 would have discretion as to which call would be answered first and would be the sole judge as to the most expeditious manner of handling and responding to such calls. PIERCE COUNTY FIRE PROTECTION DISTRICT 15 would furnish all personnel required to perform the services described above. The following are excluded from the
services provided: (1) investigations of fires as to cause and/or origin; (2) fire code enforcement within the City and (3) any other pre-fire planning or code work within the City, as is now normally done by the
Eatonville Fire Department.

3. Term. This Agreement shall be effective from January 1, 2008 to December 31, 2008. Such agreement may be renewed or extended beyond that date only upon prior written agreement of the parties. Either party may terminate this agreement upon 180 days written notice to the other party.

4. Payment for Services. In consideration for the services provided by PIERCE COUNTY FIRE PROTECTION DISTRICT 15, The City will pay an annual service charge to PIERCE COUNTY FIRE PROTECTION DISTRICT 15. The 2008 service charge is hereby agreed to be $185,300.00. This amount is the sum of the City's EMS levy amount for 2007 of $90,500.00 and the City's 2007 budgeted amount for the fire department's services of fire protection, i.e. $94,800.00. The annual service charge will be paid by the City to PIERCE COUNTY FIRE PROTECTION DISTRICT 15 in two (2) installments, in May and November. The taxes budgeted by the City and used in the computation of the service charge will not include delinquent taxes levied prior to January 1, 2007 but collected during the term of the Agreement. The parties will renegotiate the annual payment on an annual basis at the time of any contract renewal, during the preparation and filing of The City budget and tax levy. The City agrees to maintain its EMS levy at the current authorized rate of $0.50
per thousand of assessed valuation, provided that the parties recognize that tax revenue increase limitations may affect that rate adversely over time, and provided further, that if the EMS tax levy rate falls below $0.40 per thousand AV at any time during the contract term, or any renewal thereof, the City will request of the City's resident Interlocals/FED 15 and Eatonville electors that the levy rate be re-authorized at $0.50 for the next year of tax collections (a "lid lift" election).

5. City's Fire Station. THE DISTRICT will not use or occupy the City's fire station during the term of the Agreement.

6. City's Equipment. The City owns equipment and fire apparatus, but such equipment is not needed for the services to be rendered. It is understood and agreed that the City will continue to maintain and insure such equipment and appaRtus, in case such equipment shall be needed as reserves.

7. Annexation. The City agrees that, if this contract for services for 2008 is deemed successful by both parties, the City will ask the City's resident electors to approve annexation of the City into the District pursuant to RCW 52.04.061 and RCW 52.04.071, with the election to be scheduled no later than May 2009. Concomitantly, the District agrees to ask its resident electors to approve such annexation to theDistrict at the same time.

8. Liability. Each party will, at all times, be solely responsible and liable for the acts or the failure to act of its personnel that occur or arise in any way out of the performance of this Agreement by its personnel only and will indemnify and hold the other party and its personnel and officials harmless from all costs, expenses, losses and damages, including cost of defense, incurred as a result of any acts or omissions of such party relating to the performance of this Agreement.

9. THE DISTRICT Insurance. THE DISTRICT will provide insurance coverage for all City equipment in its possession, for the actions of personnel of THE DISTRICT and for all DISTRICT operations conducted within the City.

10. Modification. This instrument constitutes the entire Agreement between the parties and supersedes all prior Agreements. No modification or amendment will be valid unless evidenced in writing, properly agreed to and signed by both parties. In the event either party would desire to renegotiate any provision of the Agreement, the party would provide 30 days notice to the other party. The notice will identify the provision or provisions to be renegotiated, the requested changes and will state the reasons for the request. The party receiving the request will respond in writing on or before the end of the 30 day period. The initial term of the Agreement provided in paragraph 3 may not be renegotiated without the consent of both parties.

11. Notices. All notices, requests, demands and other communications required by this Agreement will be in writing and, except as expressly provided elsewhere in this Agreement, will be deemed to have been given at the time of delivery if personally delivered or at the time of mailing if mailed by first class, postage pre-paid and addressed to the party at its address as stated in this Agreement or as such address as any party may designate at any time in writing. a) Notice to the District shall be sent to: Chief Bob Vellias, Pierce County Fire District 17, P.O. Box 829, Roy, WA 98580.

b) Notice to the City shall be sent to: Honorable Mayor, City of Eatonville, 201 Center St. W., Eatonville, WA 98328.

12. Arbitration. Any controversy which may arise between THE DISTRICT and The City regarding the rights, duties or liabilities under this Agreement of either party will be settled by arbitration. Such arbitration will be before one disinterested arbitrator if one can be agreed upon, otherwise before three disinterested arbitrators, one named by THE DISTRICT, one by The City, and one by the two thus chosen. The arbitrator or arbitrators will determine the controversy in accordance with the laws of the state of Washington as applied to the facts found by the arbitrator or arbitrators. The arbitrator's fees will be split equally between the parties. Any costs associated with presenting arbitration are the responsibility of the individual parties. The arbitrators' finding or award will be final and binding.

13. Benefits. This Agreement is entered into for the benefit of the parties to this Agreement only and confers no benefits, direct or indirect, on any third persons.

14. Integrated Agreement. This Agreement is the full and complete understanding of the parties and there are no other agreements, either verbal or written, which would alter the terms of this document. The agreement may be modified or amended only by supplemental written agreement hereafter negotiated by the parties.

15. Governing Law. This Agreement is entered into and shall be governed, enforced and interpreted by the law of the State of Washington. In the event of a dispute that has completed arbitration or been held ineligible for arbitration, the venue shall lie in Pierce County, Washington.

16. Waiver of Breach. The failure of any party to this agreement to insist upon strict performance of any of the covenants and agreements contained in this agreement, or to exercise any option or right conferred by this agreement, in any one or more instances shall not be construed to be a waiver or relinquishment of any such option or right or of any other covenants or agreements which shall all be and remain in full force and effect.

17. Annual Meeting. There may be an annual meeting between the District Commissioners or their designees and the Eatonville City Council or its designees during the month of June to discuss fire protection and emergency medical services within the City and budgetary matters in order to facilitate adequate service within the area.

18. Filing. This Agreement shall be filed with the City Clerk, the District's Secretary, and the County Auditor.

19. Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competitive jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall
remain in full force and effect and shall in no way be affected, impaired, or invalidated as a result of such decision.

20. Counterparts. This Agreement may be signed in counterpart originals.
 

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