AG 01-135 - FED WAY FIRE/VALLEY COM
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INTERLOCAL AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY
AND
THE FEDERAL WAY FIRE DEPARTMENT
FOR FIRE AND EMERGENCY MEDICAL DISPATCH SERVICES
FROM VALLEY COMMUNICATIONS
THIS INTERLOCAL AGREEMENT ("Agreement") is between the City of Federal
Way, a municipal corporation of the State of Washington, (hereinafter "City") and the
Federal Way Fire Department, a municipal corporation of the State of Washington,
(hereinafter "Department"),
WHEREAS, the cities of Auburn, Federal Way, Kent, Renton and Tukwila
established Valley Communications Center (hereinafter "Valley Com") pursuant to an
interlocal agreement, dated 4/17/00, (hereinafter "Valley Com Interlocal"), Said cities are
members of Valley Com, and
WHEREAS, the Valley Com Interlocal provides that the City of Federal Way may
enter into an interlocal agreement with the Department for the purposes of facilitating
Department access to Valley Com fire and emergency medical services (hereinafter
"EMS") dispatch via the City's membership in Valley Com, and
WHEREAS, City-facilitated fire and EMS dispatch services through Valley Com will
reduce the Department's dispatch costs, and
WHEREAS, the Department desires to receive fire and EMS dispatch services from
Valley Com, and
WHEREAS, section seven (7) of the Valley Com Interlocal provides that Valley Com
will give preference in hiring Department dispatchers if the Department participates and
receives fire and EMS dispatch services from Valley Com,
NOW, THEREFORE, pursuant to the provisions of the Interlocal Cooperation Act,
Chapter 39,34 RCW, the City and the Department hereby agree as follows:
Section 1. Dispatch Services, Pursuant to Section one (1) of the Valley Com
Interlocal, the City agrees to facilitate fire and EMS dispatch to the Department through the
City's membership in Valley Com. The level of service provided to the Department will be
at the same level as that provided Valley Com members' municipal fire departments.
Actual dispatching services will be provided through a separate agreement directly
between Valley Com and the Department.
ORIGINAL
Interlocal Agreement for Dispatch Service
Page 2
Section 2. BiliinQ. Billing procedures will be governed by a separate agreement
between Valley Com and the Department, provided the Department will be billed at the rate
established for Valley Com members.
Section 3. Buy-In Fee, The Department agrees to pay a buy-in fee based
upon fifteen percent (15%) of the City's capital costs towards the new facility described
in the Valley Com Interlocal Section 14.1, not to exceed $450,000,00, Payment is due
in full at the commencement of dispatching services being provided by Valley Com. The
parties agree that the Department's buy-in fee shall not be construed as creating any
right, title, or interest in favor of the Department to any Valley Com real or personal
property unless expressly provided herein.
Section 4. Administration Board. The Department understands that the City has
the sole authority to exercise a vote on Valley Com's Administration Board pursuant to
Section 4 of the Valley Com Interlocal. The City agrees to provide copies of the agenda
and meeting summaries of the Administration Board. The parties further agree that the
Department will work with the City on Administration Board issues and that the City and the
Department may fully and freely discuss any Department issues that require the attention
of the Administration Board.
Section 5. Operations Board, Pursuant to Sections one (1) and five (5) of the
Valley Com Interlocal, the Department administrator or designee shall be a full voting
member on the Valley Com Operations Board with the same authority as the chiefs of the
Auburn, Kent, Renton, and Tukwila municipal fire departments, The Department agrees to
coordinate its activities on the Operations Board with the City to the greatest extent
possible and to fully advise the City of its activities on the Operations Board.
Section 6. Hold Harmless AQreement. Although Valley Com is a separate legal
entity, the parties recognize that a claim or lawsuit may also be filed against the City and/or
the Department. Therefore:
(a)
The City shall defend, indemnify and hold harmless the Department and its officers,
agents, and employees, or any of them from any and all claims, actions, suits,
liabilities, loss, cost, expenses, and damages whatsoever, caused by or arising out
of the sole negligent act or omission of the City, its officers, agents, and employees,
or any of them relating to or arising out of actions or omissions required pursuant to
this agreement. In the event that any suit based upon such a claim, action, loss, or
damage is brought against the Department, the Department reserves the right to
participate in said suit at its sole discretion.
Interlocal Agreement for Dispatch Service
Page 3
(b)
The Department shall indemnify and hold harmless the City and its officers, agents,
and employees, or any of them from any and all claims, actions, suits, liability, loss,
cost, expenses, and damages of any nature whatsoever, caused by or arising out of
the sole negligent act or omission of the Department, its officers, agents, and
employees, or any of them relating to or arising out of actions or omissions required
pursuant to this Agreement. In the event that any suit based upon such a claim,
action, loss, or damage is brought against the City, the City reserves the right to
participate in said suit at its sole discretion.
Section 7. Effective Date. All provisions of this Agreement shall take effect
immediately upon execution EXCEPT that the effective date in which Valley Com actually
commences to dispatch the Department calls shall be determined by written agreement
among Valley Com, the City and the Department.
Section 8. Duration of Aqreement. This Agreement shall be effective for 20
years, Thereafter, this Agreement shall extend for five (5) years, and shall automatically
renew for additional five (5) year periods thereafter unless terminated.
Section 9. Termination, The Department may terminate this Agreement with or
without cause provided that it submits written notice by December 31 to the City and to
Valley Com of its intention to terminate this Agreement on December 31 of the following
year. In the event of termination of this Agreement without cause, the Department's buy-in
fee as set forth in Section 3 of this Agreement will not be refunded, The City may
terminate this agreement with cause after twenty years provided that it submits written
notice to the Department and to Valley Com of its intention to terminate this Agreement on
the December 31 occurring three years following the submittal of notice,
Section 10. Notices. Any notices required to be given by the City or by the
Department shall be delivered to the Parties at the addresses set forth below,
Section 11. Filinq of Aqreement. This Agreement shall be filed with the City Clerk
of the City, the Department, Valley Com, and the King County Auditor as required by law.
Section 12. Aqreement to Arbitrate. Any dispute arising under this Agreement shall
be subject only to arbitration. The arbitration shall be conducted in accordance with the
Commercial Arbitration Rules of the American Arbitration Association (the "AAA Rules")
then in effect, conducted by one (1) arbitrator either mutually agreed upon or selected in
accordance with AAA Rules. The arbitration shall be conducted in King County,
Washington, under the jurisdiction of the Seattle office of the American Arbitration
Association. The arbitrator shall have authority only to interpret and apply the provisions of
this Agreement and shall have no authority to add to, subtract from or otherwise modify the
Interlocal Agreement for Dispatch Service
Page 4
terms of this Agreement. Any demand for arbitration must be made within ninety (90) days
ofthe event(s) giving rise to the claim that this Agreement has been breached, The parties
agree to equally share in the cost of all arbitration services. The arbitrator's decision shall
be final and binding, and each party agrees to be bound by the arbitrator's award, Either
party may obtain judgment upon the arbitrator's award in the Superior Court of King
County, Washington. The prevailing party shall be entitled to recover its reasonable costs,
including attorneys' fees, but excluding the cost of arbitration services. The arbitrators shall
not be empowered to grant exemplary or punitive damages,
Both parties, through their authorized agents, have read and understood the above
Agreement, and intend to be bound by it, and the authorized agents of the City and the
Department have signed below this - day of ,~
?.CO \
CITY OF FEDERAL WAY
By direction of the ~ Council
taken mð';GJ(
A~
N Ch ~i"~Vl~
Approved as to Form:
f wt ~ -h.--
Bob C, Sterbank, tity Attorney
FEDERAL WAY FIRE DEPARTMENT
Bydir~~~on/ofth ~~JaJd 7,.<, ~q
taken "'1"/C;lq~ ':'1-«/9:' "2.~ö r
Attest:
{L/!~
:7
Approved as to Form:
Interlocal Agreement for Dispatch Service
Page 5
1:llntergovlValley ComlFWFDvalleycom010824.doc
August 24, 2001