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HomeMy WebLinkAboutInterlocal Agreement Fire Dist 3.pdfINTERLOCAL COOPERATION AGREEMENT CITY OF PASCO AND FRANKLIN COUNTY FIRE PROTECTION DISTRICT NO. 3 BY THIS INTERLOCAL COOPERATIVE AGREEMENT entered into this iG day of November, 1998, between the City of Pasco, Washington, a Washington Municipal Cooperation, hereinafter referred to as "CITY", and Franklin County Fire Protection District No. 3, a Municipal Corporation, hereafter referred to as "FIREDISTRICT' as authorized by Chapter 39.34 of the Revised Code of Washington enter into the following Agreement: WHEREAS, the FIREDISTRICT has heretofore determined that there is not an existing private ambulance service available to adequately provide for "911" dispatched emergency medical transport services to the District, and, WHEREAS, the FIRE DISTRICT is authorized pursuant to RCW 52.12.031 to enter into an agreement with the CITYto provide emergency medical transport services to the residents of all or a portion of the FIRE DISTRICT, and, WHEREAS, the CITY is authorized pursuant to RCW 35A.18.010 to provide emergency medical transport services by agreement to other jurisdictions, and WHEREAS, the parties have determined that the rendering of emergency medical transport services by the CITYto the FIREDISTRICT, under the terms provide below, is in the best interest of the health, safety, and welfare of both the residents of the CITY and the FIRE DISTRICT, now, therefore, the parties agree as follows: SECTION ONE PURPOSES The CITY shall make available emergency medical transport services to the FIRE DISTRICT for the benefit of those requiring emergency medical transport services within the FIRE DISTRICT'S boundaries more particularly described on the map attached as Exhibit A. Emergency medical transport services shall include vehicles and personnel appropriately equipped, manned and trained, meeting all City, State and Federal licenses necessary for the performance for the level of services provided below. Interlocal Agreement - 1 SECTION TWO ANNEXATION OF FIRE DISTRICT BOUNDARIES Should the FIRE DISTRICT, at any time during the term of this Agreement, or any extensions thereto, annex any of the lands described in Exhibit B, the CITY, upon 60 days advanced written notice, shall provide services to the annexed areas under the terms and provisions of this Agreement. Should the FIRE DISTRICT, at any time during the term of this Agreement, or any extensions thereto, consider annexation to its territorial boundaries of lands outside those identified in Exhibits A and B. the CITY shall be notified in writing 180 days prior to the effective date of any annexation, and the CITY shall have the option to provide services to the annexation areas. The CITY shall notify the FIRE DISTRICT of its decision of whether it will provide services and the conditions upon what those services shall be provided, or not to provide services to the proposed annexed area within 90 days of the notice of the proposed annexation. SECTION THREE LEVEL OF SERVICES The CITY shall make available emergency medical transport services within the territorial boundaries of the FIRE DISTRICT on a 24 hour per day, 7 days a week basis. The same level, priority and resources shall be extended to a call located within the FIRE DISTRICT as a call located within the CITY limits. The CITY shall provide personnel certified to Advanced Life Support/Paramedic level at all times as defined in Chapter 18.71 RCW, to all trauma incidents, and medical problems where there is a potential loss of life (including but not limited to all mass - casualty incidents, multi patient incidents, cardiac emergencies, pediatric emergencies, obstetrical emergencies, airway emergencies, seizures, poisonings, overdoses, diabetic emergencies, back pain, chest pain and burn emergencies), except those occasional situations where all Advanced Life Support/ Paramedics are committed to other EMS emergencies. The CITY shall maintain a paramedic at its West Pasco station at all times, except those occasional situations where the CITY is prevented from doing so due to illness, vacations or Kelly days of assigned paramedics. SECTION FOUR FUNDING The FIREDISTRICT shall pay to the CITYthe sum of $24,000.00 annually, payable in two installments due June 1 and December 1 of each year, and the CITY shall be entitled to charge and collect an emergency medical transport service fee to users or patients of the service within the FIRE DISTRICT and the CITY shall assume all responsibility for the billing and Interlocal Agreement - 2 collection of such fees. Such fees and charges shall not exceed 120% of the CITY'S fees and charges for such services inside the city limits to those ineligible for the household tax exemption as established by ordinance or resolution. After the Agreement has run for the first year, or for any succeeding one (1) year period(s), an increased amount shall be paid by the FIRE DISTRICT which shall be determined as outlined in this section. The October quarterly consumer price index (hereinafter called the Index) preceding the commencement date of the initial term of this Agreement, or the commencement date of any succeeding payment period shall be the base Index and it shall be based on the data of the Consumer Price Index for Pacific Cities and US City Average - West, for all items of the Bureau of Labor Statistics of the United States Department of Labor. The October Index issued nearest in point of time to the date at the end of the then current rental period shall be the current Index. The current Index number shall be divided by the base Index number. From the quotient thereof, there shall be subtracted the integer 1, and any resulting positive number shall be deemed to be the percentage of increase in the payment amount for the succeeding one (1) year period. The payment being paid in the current payment period shall be multiplied by the percentage increase to establish the increase in the payment which shall be added to the current amount to establish the new amount for the next succeeding period. Provided that the CPI increase shall not be charged in any calendar year in which the CITY has annexed lands of the FIRE DISTRICT into the CITYwhere the total assessed value of all annexations in that year exceeds $5,000,000.00. The CITY will be deemed to have annexed lands in the year in which the annexation is effective. SECTION FIVE TERM OF AGREEMENT The initial term of this Agreement shall commence on the 1 st day of January, 1999 and terminate on the 31st day of December, 2003. This Agreement shall be automatically renewed for successive one year terms thereafter, unless terminated by either party upon a one year advanced written notice. SECTION SIX INDEMNIFICATION The CITY and the FIRE DISTRICT shall defend, indemnify and hold each other harmless from any claims, damages, causes of action, or judgements arising from, or as a direct result of the negligent or intentional acts of its respective agents, employees, or officers. SECTION SEVEN INTERLOCAL COOPERATION ACT PROVISION All vehicles, equipment, inventory and any improvements thereto shall remain the sole property of the CITY. All personnel utilized by the CITY in the fulfillment of this Agreement Interlocal Agreement - 3 shall be solely within the supervision, direction and control of the CITY and shall not be construed as "loan servants" or employees of the FIRE DISTRICT. All funding, incident to the fulfillment of the Interlocal Cooperative Agreement, shall be the sole responsibility of the CITY and no special budget or funds are anticipated nor shall be created. It is not the intention that a separate legal entity be established to conduct the cooperative undertaking nor is the acquiring, holding, or disposing of real or personal property anticipated. The City Fire Chief shall be designated as the Administrator of this Interlocal Cooperative Agreement. SECTION EIGHT ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated by reference are attached. No other understanding, verbal or otherwise, in regards to the subject matter of this Agreement, shall be deemed to exist. Any modifications to this Agreement shall be in writing and signed by both parties to be effective. SECTION NINE APPLICABLE LAW This Agreement is governed, construed and enforced in accordance with the laws of the State of Washington. Should any dispute arise concerning the enforcement, breach, or interpretation of this Agreement, venue should be placed in the Franklin County, Washington, and the prevailing party shall be entitled to its reasonable attorney fees and costs as additional judgement. IN WITNESS WHEREOF, the parties have executed this Interlocal Cooperative Agreement by the duly authorized officers on the day and year first written above. CITY OF PASCO: Charles D. Kilbury Mayor FRANKLIN COUNTY FIRE DISTRICT NO. 3 Chairman Interlocal Agreement - 4 STATE OF WASHINGTON ss. County of Franklin On this day personally appeared before me CHARLES D. KILBURY, Mayor of the Cih7 of Pasco, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 17 — day of 1 V Ct V , 1998. STATE OF WASHINGTON ss. County of ty �a— StblQ�1�m NOTARY PUBLIC in and for the State of Washington, residing K at: P17r Pi,tJ i`C, k My Commission Expires On this day personally appeared before me RQIOh i5tcCf1k.5, Chairman Franklin County Fire District No. 3, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this a day of / DMv ,w6 r 1998. NOTARY PUBLI and for the State Washington, residing 0 at: A-1iZ-W My Commission Expires: I ZGnZ. Interlocal Agreement - 5 �2 Q \ %3 .!�la nnes ann�v' N3s51 . - ^ • - - ! Q Z � I LJ PJ Z z < �3m1 i y �2 Q \ %3 .!�la nnes ann�v' N3s51 . - ^ • - - Id 3m 5= / ,TO §S X Aq P. 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