019-22 - South Kitsap Fire and Rescue - ContractINTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ORCHARD
AND KITSAP COUNTY FIRE PROTECTION DISTRICT NO. 7 (SOUTH KITSAP FIRE
AND RESCUE) REGARDING FIRE PREVENTION DUTIES AND RESPONSIBILITIES
Contract No. 019-22
THIS AGREEMENT ("Agreement") is entered into between the City of Port Orchard ("the
City) and Kitsap County Fire Protection District No. 7, South Kitsap Fire and Rescue ("the
District") under the authority of the Interlocal Cooperation Act, RCW 39.34.
WHEREAS, the City annexed to the District in 2001, and the District provides fire
protection to the City, pursuant to Chapter 52.04 RCW and Port Orchard Municipal Code (POMC)
2.12; and
WHEREAS, since the time of the annexation, the City and the District have worked
together pursuant to the terms of interlocal agreements, the most recently enacted dated December
14, 2016, under which the responsibilities of the parties for fire prevention activities were clearly
delineated ("2016 Interlocal Agreement"); and
WHEREAS, the City adopted the International Fire Code (IFC), as amended by the City,
as the official fire prevention code of the City of Port Orchard, and the City is obligated to enforce
that code; and
WHEREAS, the District is authorized, pursuant to RCW 52.12.031, to perform building
and property inspections consistent with the IFC necessary to provide fire prevention services and
pre -fire planning within the District; and
WHEREAS, the City has fire investigation authority under RCW 43.44.050; and
WHEREAS, the District has the ability to coordinate resources to conduct fire
investigations to determine the origin and cause of fires within the City pursuant to RCW
43.44.050; and
WHEREAS, this Agreement is made pursuant to the authority granted by the Interlocal
Cooperation Act, Chapter 39.34 RCW; and
WHEREAS, the District has agreed to perform the duties described herein within the City,
the parties have come to a mutual understanding as to their responsibilities and wish to set forth
that understanding in writing; NOW, THEREFORE,
THE PARTIES HERETO AGREE AS FOLLOWS:
1. Purpose of Agreement. The purpose of this agreement is to set forth the mutual
understanding of the parties as to the District's fire prevention duties and responsibilities within
the City. This Agreement supersedes all previous agreements between the parties for these
purposes.
2. District's Duties and Responsibilities. Within the City of Port Orchard, the
District provides comprehensive fire suppression services, emergency medical services, and
emergency hazardous substances response services. With respect to fire prevention services,
review and inspection services and other services incidental to the protection and public safety of
persons and property in the city of Port Orchard, the parties agree that the District will be
responsible for providing the services listed below in the manner indicated.
2.1 Fire Investigations: The District agrees to provide for all fire investigations
and reporting of investigations to the National Fire Incident Reporting System (NFIRS) on behalf
of the City of Port Orchard, and shall ensure adequate personnel, resources and material
appropriate to supply fire investigation services on an "on -call" status of twenty-four (24) hours
per day are available. The term fire investigation services shall include but is not limited to: (i)
acting as the on -scene agency responsible for the investigation; (ii) origin and cause
determinations; (iii) documenting and recording the scene; (iv) identification, collection and
preservation of evidence; (v) witness interviewing; (vi) assisting local law enforcement; (vii)
preparation of initial and follow-up reports; and (viii) court appearances. The District will be
authorized to use other authorized Public Agencies to conduct investigations, at the discretion of
the District. In the event that outside resources are needed (e.g. ATF, FBI, KCSO, etc.) the District,
or its authorized appointee, will be the point of contact in these circumstances. The District agrees
to provide this service to the City of Port Orchard for no compensation. In the event, however, the
current level of service associated with providing Fire Investigation shall ever significantly
increase beyond the current level of service, or the District is no longer able provide this service
pursuant to its current partnerships with other public agencies, the Parties agree to negotiate to
determine the appropriate amount of compensation for the District to provide this service.
2.2 Permit Issuance: The District is responsible for the receipt of applications
for and the issuance of the following:
2.2.1 Outdoor Burning: The District is responsible for issuing permits
for outdoor burning, consistent with Chapter 52.12 RCW and the International Fire Code, and per
the District's adopted procedures and rules governing these activities. The District will provide
findings of fact and citations of applicable law to the applicant for any decision to condition or
deny a fire code permit.
2.2.2 Special Burn Permits: The District will issue special burn permits
and keep a record of all burn permits issued within the City boundaries. The District may establish
a fee for this service and the District may collect said fee directly from the permittee.
2.3 Special Events, Carnivals and Circuses. Upon receipt of a complete
application for a Special Event (defined at POMC 5.94.030) or Circus/Carnival (defined at POMC
5.32.020 and 5.32.030), the City shall provide the District with a copy of the application.
Consistent with POMC 5.94.080 and 5.32.010, the District shall make a determination as to the
need for on -site fire watch and/or emergency medical personnel for the event. In determining the
need for personnel for the event, the District shall consider factors including but not limited to the
location, number of anticipated participants and spectators, and type of event, including the
application of appropriate codes and ordinances. If fire watch and/or emergency medical personnel
for the event are deemed necessary by the District, the District shall notify the applicant, and the
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applicant shall be responsible for securing fire watch/emergency medical personnel reasonably
acceptable to the fire chief at the sole expense of the applicant, and shall prepay the expenses of
such protection to the District. Only state -certified, licensed professional fire/emergency medical
personnel shall be used for this purpose, preferably South Kitsap Fire and Rescue employees and
equipment.
2.4 Consultation on Inspections. In order to serve the residents of Port
Orchard, upon the City's request, if the District has personnel capable of providing an opinion, the
District will provide an opinion to report on unusual, detailed or complex technical issues subject
to the approval of the City. This includes, but is not limited to, inspection and permitting
consultation on Knox Boxes, Fire Department Connections (FDC's), Emergency Responder Radio
Coverage Systems, Marina Standpipe Identification Methods, Building Address Identification, and
other similar systems.
The District may establish a reasonable hourly fee for these consultation services,
identified on Exhibit A hereto.
2.5 Public Fire Safety Education: The District will continue its existing
related public safety campaigns, messages, and programs. These include but are not limited to:
juvenile fire setters, fire safety education in public and private schools, public appearances, public
CPR training, and smoke detector programs.
2.6 Fire Code Enforcement: The District will notify in writing the City of Fire
Code violations the District observes as soon as reasonable practicable of the observed non-
compliance. Once notified by the District, the City is responsible for Fire Code enforcement.
2.7 Inspection Records. The District will provide the City access to all
inspection records pertaining to fire and life safety inspections within the City in its possession.
All existing City records shall be maintained per records retention rules as issued by the
Washington State Archives Office.
2.8 Hazardous Materials Emergency Assistance Agreements. Consistent
with POMC Chapter 2.14, the District shall serve as the incident command agency for all
hazardous material incidents within the corporate limits of the city of Port Orchard. The fire district
and the city of Port Orchard together and separately shall reserve the right to recover costs for
incident response and incident cleanup, as outlined in RCW 4.24.314 for extraordinary cost
incurred due to a hazardous materials incident in accordance with fee schedule as adopted by the
Washington State Fire Services Resource Mobilization Plan.
3. Optional District Responsibilities: At the District's option, the District may
perform the following additional functions:
3.1 Plan and Permit Review: The City will provide notice to the District of
the following and the District is invited to provide comment as to compliance with the IFC and
consideration of health, safety, and the general welfare of the residents of Port Orchard:
3.1.1 Site development plans and permits;
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3.1.2 Land use permits;
3.1.3 Construction permits; and
3.1.4 Occupancy permits.
3.2 Meeting and Hearing Attendance: The City will invite the District to send
a representative to attend the following:
3.2.1 Pre -application meetings, land use hearings, and pre -construction
meetings; and
3.2.2 Operational and Technical Review — Construction / Development:
The District will be invited by the City to provide personnel to attend meetings and give fire and
life safety comments to operational review.
3.3 Provide input to the City on fire codes, policy, procedure, rules, and
regulations as needed: The City will invite the District will provide input to the City on all items
related to the IFC.
3.4 Adopt codes and ordinances related to fire safety: The City will provide
notice of any proposed code and ordinance amendments/changes and will consider the input from
the District, if any, when adopting City codes and ordinances related to fire safety.
4. Fire Station 31 on Tremont Ave. The parties have previously agreed to certain
conditions on the use by the District of the real property known as Fire Station 31, located on
Tremont Avenue in Port Orchard, Washington, and described more particularly in Exhibit A,
attached hereto (hereinafter "Real Property"), which was conveyed by statutory warranty deed by
the City to the District in 2002 with certain conditions subsequent included in the deed. The parties
hereby confirm their agreement that, if the District ceases to use the Real Property for District
purposes prior to January 2, 2027, the Real Property shall revert back to the City. In that event,
the District shall convey the Real Property, and all improvements, back to the City for no
consideration via a statutory warranty deed free of any liens or encumbrances created by or as a
result of the actions of the District. "District purposes" means that the sole uses are for fire
prevention, District administration, medical and/or fire protection services. The reversion of the
Real Property shall have no effect on the District's obligation to continue to provide the services
set forth in this Agreement. For purposes of the condition subsequent, an attempted sale of the
Real Property shall be deemed "ceasing to use" the Real Property for District purposes. Provided,
however, if the purpose of the sale is to use the funds to build a new fire station within the city
limits of Port Orchard, then the proceeds of such sale may be used for that purpose, and the
condition subsequent referenced above shall be recorded against the new fire station property. In
addition, the District will allow the use of the Real Property by the public according to the
regulations it has established and will establish in the future for the use of District facilities by the
public. Provided, there will be no charge to the City for the use of the facility for meetings
scheduled. The District shall be solely responsible for adequately insuring the Real Property and
all personal property contained therein according to the District's practices and procedures for
insuring its real and personal property throughout the remainder of its jurisdictional boundaries.
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The District shall, at its cost and expense, comply with all applicable and valid laws,
ordinances and regulations of Federal, State, County, Municipal or other lawful authority
pertaining to its use and occupancy of the Real Property, including those related to environmental
requirements and the handling of hazardous waste or materials. The District agrees that it will not
dispose of or otherwise allow the release of any hazardous waste or materials in, on or under the
Real Property, or any adjacent parcel, or in any improvements placed on the Real Property. The
District shall indemnify, defend and hold the City harmless from and against any and all losses,
suits, obligations, fines, penalties, judgments, claims, costs, damages and expenses of any kind
asserted against the City, including attorneys' fees, response and other associated remedial costs
that result from or arise in any way from the District's use of the Real Property. The District's
obligations under this section shall survive the expiration or termination of this Agreement.
5. Future McCormick Park Fire Station Site. Until such time as it develops its new
fire station on Parcel 052301-4-019-2004, the Fire District authorizes the City to make use of said
parcel for purposes related to the development of the McCormick Village Park. In particular, the
District will allow the City to use said parcel for all reasonable parking needs, construction
activities, grading and other similar uses relating to the construction and use of McCormick Village
Park. No consideration will be due from the City to the District for such uses.
City shall comply with all applicable and valid laws, ordinances and regulations of Federal,
State, County, Municipal or other lawful authority pertaining to its use and occupancy of said
parcel.
City further agrees that it shall not dispose of or otherwise allow the release of any
hazardous waste or materials in, on or under said parcel, or any adjacent property, or in any
improvements placed on the parcel. The City shall comply, at its cost and expense, with all
environmental statutes, regulations, ordinances, and orders, decrees or judgments of any
governmental authorities or courts having jurisdiction, relating to the use, collection, treatment,
disposal, storage, control, removal or cleanup of hazardous waste or material in, on or under said
parcel or any adjacent property or in any improvements placed on the parcel.
The City shall indemnify, defend and hold the District harmless from and against any and
all losses, suits, obligation, fines, penalties, judgments, claims, costs, damages and expenses
asserted against the District by third parties, including attorney's fees, response and other
associated remedial costs, diminution of value and all loss and liability related to any and all
personal injury, property damage or damage to natural resources arising out of or in any way
related to the City's use of the parcel, including, but not limited to, environmental contamination
or hazardous substances on or under the parcel or the improvements thereon and to the remediation
thereof, and any and all cleanup, correction or any other remedial work with respect to any
environmental contaminant which may be present upon the parcel, whether the performance of
such work is required by any governmental agency, third party or undertaken pursuant to an order
imposed by any court or governmental agency. The City's obligation under this section shall
survive the expiration or termination of this Agreement. At a future date when the District develops
this property for a fire station, the parties may agree to mutually amend this section of this
agreement.
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6. General Provisions: The duties herein establish the parties' mutual understanding
of the duties and responsibilities the District is agreeing to perform on behalf of the City within
the City. Nothing in the preceding list or in any other provision of this Agreement is intended to
establish or acknowledge the existence of any duty or responsibility to any third party to perform
any of the activities set forth herein. This agreement creates no rights in third parties.
6.1 Duration of Agreement. This Agreement shall take effect on January 1,
2022, and shall continue in full force and effect thereafter for five (5) years, unless or until
terminated as provided in herein.
6.2 Termination. Either party may terminate this Agreement at any time by
giving the other party sixty (60) days' written notice of the intent to terminate; PROVIDED that
the provisions of Paragraphs 4, 5 and 6.3 shall survive the termination of this Agreement.
6.3 Insurance/Mutual Indemnification. Each party shall carry appropriate
liability and property damage insurance to cover any loss occasioned by the negligent actions of
the acting party during the performance of any obligation pursuant to this Agreement. Each party
also agrees to indemnify, defend and hold harmless the other party and its elected and appointed
officials, officers, employees and agents, from and against all claims, losses, damages, suits and
expenses, including reasonable attorneys' fees and costs, to the extent they arise out of, or result
from, the negligence or willful misconduct of the indemnitor or its elected or appointed officials,
officers, employees or agents in the performance of this Agreement. Solely for purposes of this
indemnification provision, each party waives the immunity it would otherwise enjoy under RCW
Title 51 (industrial Insurance) and acknowledges that this waiver was mutually negotiated by the
parties.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the District and the
City, its officers, officials, employees, and volunteers, the City's and/or District's liability
hereunder shall be only to the extent of the City's and/or District's negligence. The provisions of
this section shall survive the expiration or termination of this Agreement.
6.4 No Joint Entity or Property. No joint entity or enterprise is created by
this Agreement and no property will be acquired by the parties under this Agreement and each
party will retain independent title to any property acquired by that party and used in the
performance of the duties and responsibilities provided herein.
6.5 Administration. This Agreement shall be administered by the City's
Mayor and the District's Fire Chief.
6.6 Notice. Any notices to be given under this Agreement shall be delivered in
person or mailed to the parties at the following addresses:
To the City: Mayor Rob Putaansuu
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
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To the District: Chief Jeff Faucett
Kitsap County Fire Protection District No. 7 (SKFR)
1974 Fircrest Dr SE
Port Orchard, WA 98366
or to such other persons or addresses as may be provided, from time to time, by the parties. Notices
given by mail shall be deemed received three (3) days after the same are placed in the U.S. Mail,
postage prepaid, addressed as provided in this section.
6.7 Severability. In the event that any section, sentence, clause, or paragraph
of this Agreement is held to be invalid by any court of competent jurisdiction, the remainder of
this Agreement shall not be affected and shall remain in full force and effect.
6.8 No Waiver. Any party's failure to insist upon strict performance of another
party's covenants or agreements, or to exercise any rights, shall not be deemed a waiver or
relinquishment by such party, and such covenants, agreements and rights shall continue in full
force and effect.
6.9 Compensation. The City shall pay the District for the services set out in
Section 2.4, in accordance with the terms set out herein, set by the Washington State Fire Services
Resource Mobilization Plan. The City shall have no payment obligation beyond the terms of this
Agreement. Where payment is required from the City in accordance with the terms of this
Agreement, District staff time shall be billed in one -tenth hour increments. The District shall
provide the City with a written invoice for services rendered no later than sixty (60) days after the
date on which the services were rendered, and the City agrees to remit payment within sixty (60)
days of receipt of an invoice. All billing invoices and payments shall be delivered to the following:
To the City: Finance Department
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
To the District: Chief Jeff Faucett
Kitsap County Fire Protection District No. 7 (SKFR)
1974 Fircrest Dr SE
Port Orchard, WA 98366
6.10 Records. Both parties shall maintain records to document obligations
performed under this Agreement. Both parties shall have the right to review the other party's
records with regard to the subject matter of this Agreement, upon reasonable notice and without
fee.
6.11 Contingency. The obligations of the City in this Agreement are contingent
on the availability of funds through local legislative appropriation and allocation in accordance
with law. If funding is withdrawn, reduced, or limited in any way after the effective date of this
Agreement, the City may terminate the contract under the terms of this Agreement.
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6.12 Privileges and Immunities. All privileges and immunities from liability,
exemption from ordinances, rules, laws, all pension, disability, workers compensation, and other
benefits which apply to the activities of the District employees while performing their functions
consistent with this Agreement within the territorial limits of the City of Port Orchard shall apply
to the same degree and extent while they were engaged in the performance of any of their
authorized functions and duties within the District.
6.13 Integrated Agreement. This Agreement constitutes the entire agreement
and understanding between the parties regarding the subject matter hereof and may be modified
only by a written instrument signed by both parties hereto, and duly authorized by the governing
body for each party. There are no other verbal or other agreements that modify or affect this
Agreement.
6.14 Cooperation / Disputes. The parties shall strive to cooperate with one
another in all reasonable respects and at all reasonable times so the terms and spirit of this
Agreement may be fully implemented for the benefit of both parties and their constituents.
6.15 Filing of Agreement. In order to carry out the requirements of RCW
39.34.040, the parties shall file a certified copy of this interlocal agreement with the Kitsap County
Auditor or, alternatively, list the same by subject on each party's website before the same becomes
effective.
6.16 Reasonable Interpretation. For the reason that both parties hereto have
had ample opportunity to provide input for the preparation of this Agreement, it shall not be
interpreted in favor of or against either party. Rather, it shall be provided with a reasonable
interpretation to the end that its terms and intent may be fully and reasonably implemented.
CITY OF PORT ORCHARD
Mayor Rob� Putaansuu
Date: S 7A - 3- �22
ATTEST/AUTHENTICATED:
Brandy Wallace,' MMC, Cit�k';',''
APPROVED AS TO
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KITSAP COUNTY FIRE PROTECTION
DISTRICT NO. 7 (SKFR)
cz
Chairman Miche Eslava
Date:_ 0.121- /0 -190a19-
APPROVED AS TO FORM:
•ney for e District
Charlotte Archer, City Attorney
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EXHIBIT A
Compensation Provisions for Services
Service
Payment
How Paid
Section 2.5: Expert
Current Mobilization Rate
District to invoice City; City
Consultation on Inspections
(listed below). (Note: District
to invoice applicant/permittee
staff time shall be billed in
one -tenth hour increments).
Section 2.10 Hazardous
Current Mobilization Rate.
District to invoice the
Materials Emergency
(Note: District staff time shall
property owner
Assistance Agreements.
be billed in one -tenth hour
increments).
2022 Mobilization rates:
Firefighter = $39.83 base, $59.75 OT
Paramedic = $44.61 base, $66.92 OT
Lieutenant = $45.01 base, $67.52 OT
Captain = $48.60 base, $72.90 OT
Battalion Chief = $54.57 base, $81.86 OT
Division Chief = $73.19 base, $109.79 OT
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