Approve an ILA with City of Chehalis for fire investigation services for unincorporated areas excluding service boundary of Riverside Fire Authority. BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 22-301
APPROVE AN INTERLOCAL AGREEMENT WITH
CITY OF CHEHALIS FOR FIRE INVESTIGATION
SERVICES FOR THE UNINCORPORATED AREAS
EXCLUDING THE SERVICE BOUNDARY OF
RIVERSIDE FIRE AUTHORITY
WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, provides for
interlocal cooperation between governmental agencies to make the most efficient
use of their powers by enabling them to cooperate with other localities on a basis
of mutual advantage; and
WHEREAS, the parties, Lewis County and the City of Chehalis, wish to enter into
an Interlocal Agreement (ILA) to provide reliable fire investigation services to the
unincorporated areas of Lewis County, excluding the service areas of the
Riverside Fire Authority, on an as requested basis; and
WHEREAS, the Board of County Commissioners (BOCC) has reviewed the
attached ILA and it appears to be in the best interest of the public to enter into
said agreement.
NOW THEREFORE BE IT RESOLVED that the BOCC has determined that ILA
with the City of Chehalis for the purpose of reliable fire investigation services to
be in the best interest of the public; and
NOW THEREFORE BE IT FURTHER RESOLVED that the BOCC authorizes the
County Manager to sign the ILA with the City of Chehalis on behalf of the County.
DONE IN OPEN SESSION this 20th day of September, 2022.
Page 1 of 2 Res. 22-301
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Lindsey R. Pollock, DVM
By: Amber Smith, Lindsey R. Pollock, DVM, Chair
Deputy Prosecuting Attorney
ATTEST: •'�°""'''wqs• Sean D. Swope
��5„°p,RDOF'•Fi'••
Sean D. Swope, Vice Chair
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•• 'c°rn�',i°• F. Lee Grose
Rieva Lester •`�sy� roP::•'
Rieva Lester, F. Lee Grose, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 22-301
INTERLOCAL AGREEMENT
This Interlocal Agreement(Agreement) is made and entered into between the City of Chehalis
(hereinafter referred to as"City") and Lewis County(hereinafter referred to as"County"), both
political subdivisions of the State of Washington,which may hereinafter be referred as the
"parties."This Agreement is entered into pursuant to the Interlocal Cooperation Act, Chapter
39.34 RCW. This Agreement is intended to provide reliable fire investigation services to the
residents of the unincorporated areas of Lewis County, excluding the boundary of the Riverside
Fire Authority, on an as requested basis.
WHEREAS, regional fire authorities may enforce fire codes as provided under RCW 19.27,
pursuant to RCW 52.26.090;
WHEREAS, county governments generally must enforce the provisions of the International Fire
Code in unincorporated areas of said counties, pursuant to RCW 19.27.110, but may enter into
interlocal agreements delegating this authority to regional fire authorities;
WHEREAS,the parties desire that the County delegate its fire investigation obligations of the fire
code in unincorporated areas of the County to the City in accordance with RCW 19.27.110; and
WHEREAS, it is appropriate that in order to implement such an arrangement an Interlocal
Agreement(Agreement) be executed between the parties setting forth the conditions and terms
of that arrangement.
NOW THEREFORE, in consideration of the terms and conditions contained herein,the City and
the County agree as follows:
1. Purpose. This Agreement is intended to ensure fire investigation services to the residents
of unincorporated Lewis County excluding the service boundary of Riverside Fire
Authority.
2. Means of Joint Undertaking. No separate legal entity shall be created to implement the
terms of this Agreement. The Director of Community Development for the County and
the Fire Chief for the City shall provide joint oversight to administer this Agreement. No
property shall be exchanged between the parties in furtherance of this Agreement.
3. Term. The term of this Agreement and the performance thereof shall be limited to
September 2, 2022 and expire December 31, 2025. This Agreement may be extended or
renegotiated upon mutual agreement between the parties hereto and pursuant to the
terms and conditions of this Agreement.
4. Services and Responsibilities of the City. The scope of services provided by the City
within unincorporated Lewis County, excluding the service boundary of Riverside Fire
Authority, addressed by this Agreement shall be as specified below:
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Fire Investigation Services 2022
a. Investigation of the origin,cause,and circumstances and extent of loss from fire,
pursuant to RCW 43.44.050 Reports and investigation of fires-Police powers, in
cooperation with the state fire marshal, as well as state and county law
enforcement and regulatory personnel.
b. Provision for the on-call availability of a properly trained,experienced and
equipped fire investigator, 24 hours per day, each and every day of the year
representative.
c. The City shall furnish and supply all necessary labor,supervision, equipment,
communication services and supplies,and such administrative services as are
necessary to maintain a proper level of fire investigation service to the only the
unincorporated areas of Lewis County.
d. Any operational concerns should initially be raised with the City's representative
designated under Section 2 of this agreement. In addition, if regular meetings are
deemed necessary by the County to discuss issues regarding fire investigation
services,they will be arranged by representatives of the County Department of
Community Development and City Fire Department representatives.
5. Services and Responsibility of the County. The County agrees to meet the following
responsibilities under this Agreement:
a. The County shall grant to the City Fire Department personnel assigned to provide
fire investigation service the authority to investigate and enforce the provisions of
RCW 43.44.050 Reports and investigation of fires-Police powers, including duties
pertaining to civil and criminal fire investigations.
b. The County shall provide to the City Fire Department personnel, assigned to fire
investigation services,the assistance of the County Community Development
Department and associated personnel necessary to assist the City in providing fire
investigation services.
c. The County shall assume, manage, and store fire investigation report(s)and
investigative evidence.
d. The County, shall respond to public disclosure requests consistent the adopted
county policy.
e. Criminal investigations will be directed to the County Sheriff's Office and
Prosecuting Attorney.
f. Provide for timely payments for the services provided for in this Agreement upon
receipt of a properly constituted and prepared billing by the City. The estimated
total dollar amount of all work performed by the City for the County under this
Agreement shall not exceed $25,000 annually without prior written approval by
the County
6. Assignment and Subcontracting. No portion of this Agreement may be assigned or
subcontracted to any other individual,firm, entity without express and prior written
approval of the County's Community Development Director and the City's Fire Chief.
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Fire Investigation Services 2022
7. Modification. Either party may request changes in this Agreement. Any and all agreed
modifications shall be in writing, signed by each of the parties.
8. Termination for Public Convenience. The City Fire Chief or the County Director of
Community Development may terminate this Agreement upon 90 days' written notice
whenever either party determines, at either party's sole discretion that such termination
is in the interest of the City or the County.
9. Defense and Indemnity Agreement. Each party shall hold the other, its officials,
employees and agents, harmless and shall indemnify the other, its officials,employees
and agents,from any and all causes of action,judgments,claims, and damages arising out
of its sole and solitary acts of omissions. Without limiting the foregoing, County
acknowledges that County is solely responsible for all liability,costs, or expenses resulting
from its sole acts or omissions, and that the City's responsibility hereunder is expressly
limited to the provision of the services described in Section 4 of this Agreement.
10. Venue and Choice of Law. In the event any litigation should arise concerning the
enforcement, breach,construction or interpretation of any of the terms of this
Agreement,the venue of such action of litigation shall be in the courts of the State of
Washington in and for the County of Lewis. The law of the State of Washington shall
govern this Agreement for all purposes.
11. Miscellaneous.There are no third-party beneficiaries to this Agreement.This Agreement
is the entire agreement of the parties and may not be modified or contradicted except in
a writing signed by both parties hereto.The failure of either party to insist upon strict
performance of this Agreement shall not impact that party's right to insist upon strict
performance at a later time.To the extent that any provision of this Agreement is
declared by a court of competent jurisdiction to be unenforceable,that shall not impact
the remaining provisions of the Agreement, which shall be deemed severable from any
unenforceable provision.This Agreement may be executed in counterparts, i.e. in
separate times and in separate places.This Agreement does not create actionable duties
between the signatory parties or the public to provide a particular level of service in a
particular instance. The recitals enumerated herein are for convenience only and shall
not be construed as a part of this Agreement.
12. Notice and Deliverables. Any notices or deliverables to be given under this Agreement
shall at a minimum, be delivered and addressed to:
• City of Chehalis Fire Department
Attn. Fire Chief
500 NW Sitka Street
Chehalis,WA 98532
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Fire Investigation Services 2022
• Lewis County Department of Community Development
Attn. Director
2025 NE Kresky Ave
Chehalis, WA 98532
EXECUTED IN DUPLICATE and effective as of the date and year first above written.
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Jill derso da Erik artin 7d/Z
City Manager, City of Chehalis County Manager, Lewis County
APPROVED AS TO FORM: APPROVED AS TO FORM:
Jonathan L. Meyer, Prosecuting Attorney
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' Civil Deputy date
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•
BOCC AGENDA ITEM SUMMARY
Resolution: 22-301 BOCC Meeting Date: Sept. 20, 2022
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approve an interlocal agreement with City of Chehalis for fire investigation services for the
unincorporated areas excluding the service boundary of Riverside Fire Authority
Contact: Lee Napier Phone: 360.740.2606
Department: CD - Community Development
Description:
Authorize the County Manager to sign and ratify an interlocal agreement between Lewis County
and City of Chehalis for Fire Investigation Services
Approvals: Publication Requirements:
Publications:
User Status n/a
Jennifer Libby-Jones Approved
PA's Office Pending
Additional Copies: Cover Letter To:
Doyle Sanford, Graham Gowing, Grace City of Chehalis
Jimenez, Jennifer Libby Jones, Kevin
Englebertson