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HomeMy WebLinkAbout18-013 Related to Fire Services; Authorizing the City Manager to Execute a Pre-Annexation Memorandum of Agreement with Jefferson County Fire District No. 1Resolution 18-013 Page I of 2 RESOLUTION NO. 18-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATED TO FIRE SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE A PRE -ANNEXATION MEMORANDUM OF AGREEMENT WITH JEFFERSON COUNTY FIRE DISTRICT NO. I WHEREAS, the City of Port Townsend has contracted with Jefferson County Fire District No. I dba East Jefferson Fire Rescue ("District") since 2006 for joint fire services operation, which agreement has been modified five times to address, issues such as fire prevention & plan review, cost recover, funding, and bond indebtedness; and, WHEREAS, the lie City and District originally considered asking the voters to approve: annexation of the City into the District in 2011, but because of challenges related to equalization of property tax levies, decided to postpone the vote; and, WHEREAS, because of the desires expressed by the District to seek levy measures in the near term, City staff believes that it is appropriate for Council to reconsider whether annexation is in the best interests of the City at this time to avoid another joint levy process that could be a repeat of the last joint attempt; and, WHEREAS, because annexation automatically only provides fire protection and emergency medical services, the City and the District would still need to agree on provisions for l"ire Marshall services such as plan review, building inspections, and arson investigation; and, WHEREAS, Council adopted Resolution 17-054 on November 13, 2017, authorizing the City Manager to negotiate a pre -annexation agreement with the District and the City Manager has worked with District staff on a proposed pre -annexation agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Port Townsend as follows: 1. The City Manager is authorized to execute a pre -annexation Memorandum of Agreement in substantially the same form as at Exhibit A. 2. The City Manager is directed to take all necessary administrative actions consistent with this Resolution. Rcwoluf on 1'8-013 ADOPTED by the City Council of the City of Port Townsend at a regular business meeting thereof, held this 19th day of March 2018. Attest: p,... , Joanna Sanders, MMC City Clerk 1Jebora 7 S. Stinson Mayor Approved as to Form: Steven L. Gros City Attorney Resolution 18-013 Exhibit A Page 1 of 7 EXHIBIT A MEMORANDUM OF AGREEMENT FOR ANNEXATION OF THE CITY OF PORT TOWNSEND TO JEFFERSON COUNTY FIRE PROTECTION DISTRICT NO 1 DBA EAST JEFFERSON FIRE RESCUE This MOA is entered into by the City of Port Townsend ("the City") and Jefferson County Fire Protection District No 1, dba East Jefferson Fire Rescue ("the District"), for the purposes stated below. RECITALS A. The City and the District have contiguous boundaries. The City has an Operational Service Interlocal Agreement ("ILA") with the District for fire and emergency medical service. The term of the ILA and its amendments is from January 1, 2007 through December 31, 2027. B. The City and the District are authorized by RCW Chapter 52.04 to cause an election to be held in order for the voters of the City and the voters of the District to decide whether or not the City should be annexed to and become part of the District. The City and the District have had ongoing discussions concerning whether, and under what terms, they would agree to submit this issue to the voters. The City and the District have now reached agreement on the terms and conditions and wish to reduce their agreement to writing. AGREEMENT 1. Annexation Process. A. Pursuit of Annexation. Pursuant to RCW 52.04.061 - .131, the parties agree to pursue annexation of the City to the District according to the terms and conditions set forth in the MOA, subject to the approval of the annexation by the voters of the City and District. Contemporaneously with its approval of this MOA, the City agrees to consider passing an ordinance requesting annexation to the District in sufficient time to meet the election deadlines. Contemporaneously with its approval of this MOA, the District agrees to accept the City's annexation request in sufficient time to meet the election deadlines. B. Notification of Coon!Commission. The District agrees to take all necessary steps to notify the Jefferson County Board of Commissioners of the District's acceptance of the annexation and to request that the Commissioners call a special election to be held August or November 2018. C. Costs. The parties understand and agree that Jefferson County elections will invoice the City for all election costs within the City and the District for elections costs for the voters within the district. Both parties agree to pay the election costs as invoiced within their respective boundaries. The parties agree to divide the costs associated with filing the notice of intent, issuance of SEPA determinations, and the conduct of the election at 50% by City and 50% by District, which is proportionate to the number of registered voters in each jurisdiction. Each party shall at their sole cost prepare the legal description and map Resolution 18-013 Exhibit A Page 2 of 7 of their respective jurisdictions. For the shared costs, each party shall invoice the other, and payment will be made within 30 days of the date of the invoice. D. Coo erationa as to Other Matters. The parties agree to cooperate as to any other matters necessary to effectuate the annexation of the City to the District. 2. Expansion -of Commission. The District shall, within 12 months of approval of the annexation, schedule a follow-up election as provided for in RCW 52.14.015 to a) increase the number of commissioners from three to five and, b) pursuant to RCW 52.14.013 create five commissioner districts that have three districts wholly in the unincorporated portion of the District boundaries, and two districts wholly in the City. If the measure passes, the District shall appoint one commissioner to each City district as provided for in RCW 52.14.020. In the event two ballot measures are required, the District shall first expand to five commissioners and appoint two City residents to the newly created positions. 3. Post -Annexation Fire & Emergency Medical Services. A. GencrallL, Upon the effective date of annexation of the City to the District, the District shall be solely responsible for the provision of fire protection, fire suppression, and emergency medical services within the incorporated boundaries of the City and the boundaries of the District. The District shall provide a generally uniform level of service throughout the District, including within the incorporated boundaries of the City, and shall in no event generally provide a lesser level of service within the City's boundaries than outside such boundaries. The "effective date of annexation" shall mean the date on which the election results are certified by the Jefferson County canvassing board. B. Interim Financing of Services. The City shall continue to pay for the District's services in the manner and in the amounts specified in the ILA Service Agreement until the District receives its first tax levy revenues from properties within the City as authorized by the annexation. C. "doter Approved Capital Indebtedness. Pursuant to RCW 52.04.171, all property located within the boundaries of the City, which property is subject to an excess levy by the City for the repayment of voter -approved indebtedness for fire protection related capital improvements incurred prior to the effective date of annexation is exempt from voter -approved excess property taxes levied by the District for repayment of indebtedness prior to the effective date of the annexation. Similarly, property within the District shall be exempt from any voter -approved excess property taxes levied by the City for repayment of indebtedness incurred prior to the effective date of annexation. D. lire protection of Cit -Owned Facilities. The District shall provide fire and emergency medical services to City -owned facilities at no additional charge. E. Fire Prevention Investigation & Code Enforcement Services. Services listed in Exhibit A will be provided by the District at no extra charge to the City. The City and District may establish permit fees. See Exhibit A. Resolution 18-013 Exhibit A Page 3 of 7 F. Emct° -ency Management Set -vices. In addition to working with Jefferson County EOC, the District shall provide emergency management services to the City and the Fire Chief or designee shall coordinate EOC activities with the City, provide information, and maintain communication with the Mayor and city staff during activation. G. Ci Emplojees CPR Trainin . The District will provide one CPR class per year for up to an agreed-upon number of City Employees at no cost to the City. H. Fire Marshall and Fire Corse Official. The term "local fire official" or "fire code official" as used in the International Fire Code shall mean the City employee designated in that position. The "fire marshal" shall mean the fire marshal of East Jefferson Fire Rescue. 4. Claims Existing Prior to Annexation - lndemni . Anything contained in this Agreement notwithstanding, the parties shall remain solely liable for liabilities, claims, damages, demands or other expenses of any kind or nature, known or unknown, including, but not limited to, the payment of general obligation and other bonds: arising out of, in connection with or stemming from each party's operations prior to annexation. Neither party assumes any of the foregoing liabilities, claims, demands, damages or other expenses. 5. Liabilities - Indemnity. A. By City. 1. The City agrees to indemnify, hold harmless and defend the District, its officers, agents, and employees, from and against any and all losses, liabilities or other expenses arising out of any claims, demands or any other losses resulting to the District: (a) by reason of or arising out of the duties or liabilities of the City not expressly assumed by the District under this MOA or that exist prior to the effective date of annexation; or (b) that arise out of or are incurred by the District by reason of the incorrectness or breach by the City of any of the agreements, representations or warranties contained in the MOA. B. B 1. iOrict. 1. The District agrees to indemnify, hold harmless, and defend the City, its officers, agents, and employees, from and against any and all claims, losses, or liability for injuries, sickness, or death of persons, including employees of the City, or damage to property, occurring on or after the effective date of annexation and arising out of any negligent act, error, or omission of the District, its officers, agents, or employees, in providing fire and emergency medical services. The indemnity under this paragraph is intended to protect the City from claims by third parties stemming from events in connection with fire department operations occurring after annexation, and shall be limited thereto. 2. The District agrees to indemnify, hold harmless and defend the City, its officers, agents and employees, from and against any and all loses, liabilities or other expenses arising out of any claims, demands or any other losses resulting to the City: (a) by reason of or arising out of the duties or liabilities of the District not expressly Resolution 18-013 Exhibit A Page 4 of 7 assumed by the City under this Agreement; or (b) that arise out of or are incurred by the City by reason of the incorrectness or breach by the District of any of the agreements, representations or warranties contained in the MOA. 3. The City and the District acknowledge and agree that if such claims, actions, suits, liability, loss, costs, expenses and damages (addressed in this Section 5) are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers and the District, its agents, employees, and/or officers, this section shall be valid and enforceable only to the extent of the negligence of each party, its agents, employees and/or officers. The parties hereto have expressly bargained for and do waive for purposes of this Indemnification section, only, the immunities of Title 51 RCW, as it relates to any claim, suit or cause of action by one party's employee(s) against the other party. 6. Obligations Contingent. The obligations of the parties under this MOA are expressly contingent on voter approval of annexation. Except as otherwise expressly set forth in this MOA, if the annexation ballot proposition is not submitted to the voters, or in the event that the proposition is submitted and does not receive the favorable vote in both the District and the City that is required for annexation, this MOA shall terminate and the parties shall have no further obligations under it. If the annexation proposition is submitted and fails, the ILA between the City and the District will determine how fire and emergency medical services are provided through the term of the agreement. Assuming the annexation is successful; this MOA shall guide the parties in their relationship post -annexation, but shall be reviewed by the parties not later than 18 months after the effective date of annexation to ascertain whether either party wishes to modify any provisions of the MOA. 7. Availability of Records. The City and the District agree to cooperate with each other in making available public records in the City's or the District's possession and control regarding the fire and emergency medical services operations. 8. Costs. Subject to subparagraph 1C, each party agrees to bear and pay its own expenses in connection with the negotiations and implementation of this MOA, including, but not limited to, its attorneys' fees and consultant fees. 9. Existing Agreements. Upon annexation of the City to the District the existing ILA shall be automatically terminated and of no further effect. 10. Notices. Any notices to be given under this MOA shall be delivered in person or mailed to the parties at the following addresses: 'ro the City: To the District: David Timmons, City Manager Jim Walkowski, Chief City of Port Townsend East Jefferson Fire Rescue 250 Madison Street, Suite 2 24 Seton Rd. Port Townsend, WA 98368 Port Townsend, WA 98368 Resolution 18-013 Exhibit A Page 5 of 7 11. Inte rated MOA..The MOA constitutes the entire agreement between the parties regarding the subject matter hereof and may be modified only by written instrument signed by all parties. 12. Severability. In the event that any section, sentence, clause, or paragraph of this MOA is held to be invalid by any court of competent jurisdiction, the remainder of this MOA shall not be affected and shall remain in full force and effect. 13. Litigation. In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this agreement, the parties agree that such actions shall be initiated in the Superior court of the State of Washington, in and for Jefferson County or as provided for in RCW 36.01.050. The prevailing party in any such litigation shall be entitled to recover its costs, including reasonable attorney's fees, in addition to any other award. 14. Third Party Rights. Anything to the contrary notwithstanding, nothing contained in this MOA shall be interpreted to create third party rights in any person or entity not a party thereto. 15. Ef edive date.. This agreement shall become effective upon approval and execution by both parties. CITY OF PORT TOWNSEND Mayor Deborah Stinson Date: ATTEST/AUTHENTICATED: Joanna Sanders, City Clerk APPROVED AS TO FORM: JEFFERSON COUNTY FIRE PROTECTION DISTRICT No. 1 d/b/a/EAST JEFFERSON FIRE RESCUE Commissioner Rich Stapf, Jr. Date: ATTEST/AUTHENTICATED: Terri Ysseldyke-All, District Secretary APPROVED AS TO FORM: Steve e Gross, City Attorney Brian Snure, Attorney Resolution 18-013 Exhibit A Page 6 of 7 Appendix A Fire Prevention, Investigation and Plan Review Services Services provided by the District to the City shall be administered in the interest ofthe City. The City designates the EJFR Fire Chief or his/her designee as Fire Marshal for the City for the purposes of this agreement. The District shall perform all responsibilities required by applicable law in its role as the City's Fire Marshal, including but not limited to any responsibilities specified in the International Fire Code and City of Port Townsend Municipal Code (as now or hereafter amended). 1. Services a. Plan Review: The District shall provide life and fire safety plan review for new development and construction and tenant improvement projects located within the City's regulatory jurisdiction consistent with applicable statutes, regulations and codes. The District shall review plan submittals and perform related inspections for all new fire protection suppression systems, fire detection and fire alarm. The District shall coordinate plan review services with the City by attending pre -application meetings, conducting plan reviews within established timelines, responding to applicant inquiries, and attending other meetings as necessary to provide services to the City in a professional, competent, and reasonably prompt manner. b. Fire Marshal: The District shall provide an employee to serve as the City's Fire Marshal. The Fire Marshal shall represent the City and District with respect to Fire Prevention, Investigation and Inspection issues. The Fire Marshal shall recommend code amendments to the City when requested. The Fire Marshal shall recommend to the Building Official submittal requirements, submittal forms and official interpretations of the fire code. c. Fire Inspections: The District shall conduct a program of fire inspection of occupancies consistent with the International Fire Code as adopted by the City. d. Fire Investigation: The District will provide fire investigation services to determine the origin and probable cause of fires and explosions. The District will interview witnesses, make arrangements for any special studies or laboratory analysis (in conjunction with City Police), and complete a written incident report. The District will provide follow up information to insurance companies and property owners as needed. If the cause of a fire is deemed incendiary or suspicious, the District will take appropriate follow up actions in conjunction with the City Police Department and Prosecuting Attorney. The District will provide expert witness testimony and review or prepare case -related information as requested. Resolution 18-013 Exhibit A Page 7 of 7 e. Code Enforcement: In cooperation with the City Building Official (or designee), the District shall conduct fire and life safety inspections based on a risk analysis process. The City shall retain responsibility for all code enforcement actions which shall be performed at the sole cost of the City. f. Outdoor Burning Complaints: The District will respond to public complaints regarding outdoor burning and determine if outdoor burning is legal. Take any corrective actions necessary to control or extinguish an illegal or uncontrolled fire. The District shall report violations of outdoor burning regulations to the City's Police Department. The City will retain code enforcement powers for all violations of the City's outdoor burning regulations. 2. Compensation for Fire Services. The services described in Section 1 shall be provided to the City without compensation to the District except as specifically indicated under this Agreement, including without limitation as follows: a. The City shall collect plan review, inspection, and other fees, as specified in the duly passed District fees resolution, as now or hereafter amended, and remit these collected fees to the District on a monthly basis. The amount of such fees remitted to the District shall directly correlate to the services actually provided by the District. b. The City may assess fees as an administrative charge to recover internal expenses of permit processing.