CON0000401 - 2/11/2020 - Addendum A Fire Hydrant Intergovernmental Agreement Camas Contract &Agreement upload form
WASHIhG70N
Agreement Contract Description*
Addendum A Fire Hydrant Intergovernmental Agreement
As described at the top of the Contract/Agreerrent,including other party.
City Staff Contact
(Responsible) Staff Contact Phone# Staff Contact Title
Nick Swinhart 4502 Fire Chief
Contracting
Agency\Party Contracting Agency
East County Fire and Contact Contact Phone Contact Email
Rescue ECFR Michael Carnes 360-834-4908
Department* Dept.Admin Assistant Additional Contact Information
Fire Dept Linda Durett
Type of Contract* Project Number
Interlocal Agreement(ILA)
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r Paper r Electronic r Both
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Key words,other agency-related,ordinance,arrendrrent no.to original contract dated
Start Date* Completion Date
2/22/2012
Expiration Date
17 Renews Automatically r Specific Date
r Upon Project Completion r Other
Terms of Renewal or Termination &
Extensions*
(i.e.,10 calendar days written notice;90 days written
notice;thtil superseded;None specified;etc.) Disposition Authority#(DAN)
Written Notice GS2011-169
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Contracts and Agreements-
Capital Assets(Non-Real Retention Disposition Action
Property) 6 years Destroy
Designation
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r Non-Essential rJ Non-Archival r OFM
rJ OPR
Remarks
r Confidential r Exempt Information
Comments
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Of �-�� CONTRACTS & AGREEMENTS Record No.
Date 01/23/2020
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City Staff Contact(Responsible) Staff Contact Phone# Staff Contact Title
Nick Swinhart 4502 Fire Chief
Contracting Agency\Party Contracting Agency Contact Contact Phone/Email
East County Fire & Rescue (ECFR) Michael Carnes 360-834-4908
City Department/Division Dept.Admin Assistant Additional/Other Contact Information
Fire De artment Linda Durett
Type of ❑Construction/Small Works Project No Additional Contract Information(key words, other agency-related,
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termination
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r City Administrator
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➢ City Engineer(s)
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HARD COPY FILE COLOR CODE — RED: Perntanent YELLOW: Essential BLUE: Event-Based GREEN: Expiration Date
Addendum A
FIRE HYDRANT INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITIES OF BATTLE GROUND, CAMAS, LA CENTER, RIDGEFIELD,
VANCOUVER, WASHOUGAL, THE TOWN OF YACOLT, CLARK COUNTY, AND
CLARK PUBLIC UTILITIES
THIS AGREEMENT, entered into by and between the CITIES OF BATTLE GROUND,
CAMAS, LA CENTER, RIDGEFIELD, VANCOUVER, WASHOUGAL; THE TOWN OF
YACOLT; CLARK COUNTY; and CLARK PUBLIC UTILITIES (collectively the "Parties"),
WITNESS THAT:
WHEREAS, the Parties conduct capital facilities and land use planning under the
Growth Management Act as adopted by the State of Washington and subsequently
amended; and
WHEREAS, Ch. 70.116 RCW Public Water System Coordination Act, and WAC 246-
293-250 require the development of a Coordinated Water System Plan, including the
establishment of future water service area boundaries; and
WHEREAS, the Parties intend to revise the existing Coordinated Water System Plan,
and
WHEREAS, in conjunction with the revision of the Coordinated Water System Plan, but
under the provisions of this separate agreement, the Parties intend to establish their
respective responsibilities and obligations regarding the supply and servicing of fire
hydrants and related infrastructure (collectively "Fire Hydrants") within the other Parties'
jurisdictional boundaries, for general fire protection purposes; and
WHEREAS, Fire Hydrants are currently provided and maintained, or will be provided
and maintained in the future, by individual Parties ("Serving Municipality") within the
boundaries of another Municipality ("Benefited Municipality"); and
WHEREAS, it is recognized that the Supreme Court has issued opinions on the
obligations to maintain fire hydrants based on the facts in those cases.
Addendum A
Page 1
NOW THEREFORE, in accordance with the Interlocal Cooperation Act (Ch. 39.34
RCW) and in consideration of covenants, conditions, performances, and promises
hereinafter contained, the undersigned Parties hereto agree to the following:
1. Purpose
The purpose of this Agreement is to establish the Parties' respective
responsibilities and obligations regarding the supply and servicing of fire hydrants and
related infrastructure within the other Parties'jurisdictional boundaries.
Il. Effective Date
This Agreement shall become effective upon the occurrence of both the approval
of this Agreement by the individual Parties' governing bodies and the execution of this
document by their authorized representatives.
Ill. Duration
This Agreement shall remain effective with regard to the individual Parties until
terminated. Such termination shall be effective one (1) year after the Party provides
written notice (to all the other Parties) of such intent to terminate their participation in
this Agreement.
IV. Property
Nothing in this Agreement shall create or transfer any real or personal property
interest amongst the Parties.
V. Administration
No new or separate legal or administrative entity is created to administer the
provisions of this Agreement. This Agreement shall be individually administered by the
respective Parties.
VI. Scope
If a Benefited Municipality wants the Serving Municipality to supply and/or service
Fire Hydrants, within the Benefited Municipality's territorial boundaries, without making
direct payment to the Serving Municipality for such services, Fire Hydrants shall be
provided to the Benefited Municipality by the Serving Municipality directly or indirectly
under the following conditions:
Addendum A
Page 2
1) If the Serving Municipality currently provides general water services within the
boundaries of the Benefited Municipality, and the Benefited Municipality does not
provide potable water services, the Benefited Municipality shall not develop its
own potable water system to compete with the Serving Municipality.
2) If the Serving Municipality currently provides general water services within the
boundaries of the Benefited Municipality, and the Benefited Municipality also
provides general water services within its territorial boundaries, the Benefited
Municipality shall not offer competing potable water service to the Serving
Municipality's existing water customers in that service area. This provision,
however, does not prohibit the transfer of water customers by mutual agreement
between the Parties.
3) The Benefited Municipality authorizes the Serving Municipality to occupy its right-
of-way, for water utility purposes only as currently needed to maintain existing
fire hydrants or such extensions as are requested by the Benefited Municipality
to supply new development within the Benefitted Municipality. Such
authorization is provided without cost or fee.
4) The Benefited Municipality shall not charge the Serving Municipality for its
assistance (staff time) for the review and coordination of Capital Facility Plans,
construction documents, Growth Management Plans, and water resource
documents.
5) The Serving Municipality shall not be obligated to provide or maintain additional
Fire Hydrants beyond the existing facilities currently maintained by the Serving
Municipality or beyond agreed service areas. Service areas, if any, will be
designated in a written document signed by both the Benefited Municipality and
the Serving Municipality. Nothing in this Agreement obligates the Serving
Municipality to provide general fire protection services within the Benefited
Municipality's boundaries.
6) The Serving Municipality shall not assess a fee or other charge to the Benefited
Municipality for providing Fire Hydrants, after the Effective Date of this
Agreement, within the Benefited Municipality. The Parties recognize the mutual
benefit and value of the exchange of services, access to right of way, and
agreement not to compete, as noted above, and accept this exchange as fair and
equitable compensation for these services.
Addendum A
Page 3
VII. INTERPRETATION
This Agreement has been and shall be construed as having been made and
delivered in the State of Washington and it is mutually agreed and understood by both
Parties that this Agreement shall be governed by the laws of the State of Washington.
Venue shall be Clark County, Washington.
VIII. AMENDMENTS/MODIFICATION
The provisions of this Agreement may be amended only upon the mutual consent
of the Parties. No additions to, or alterations of, the terms of this Agreement shall be
valid unless made in writing and formally approved and executed by the duly authorized
agents of the Parties.
IX. SEVERABILITY
If any section or part of this Agreement is held by a court to be invalid, such
action shall not affect the validity of any other part of this Agreement.
X. ENTIRE AGREEMENT
This Agreement contains all of the agreements of the Parties with respect to the
subject matter covered or mentioned therein, and no prior Agreement shall be effective
to the contrary.
XI. DOCUMENT FILING
The Parties agree that there shall be one (1) original of this Agreement procured
and distributed for signature by the necessary officials of the Parties. Upon execution,
this Agreement shall be retained by Clark Public Utilities and one copy shall be retained
by each of the other Parties. Clark Public Utilities shall cause a copy of this Agreement
to be recorded with the Clark County Auditor. Upon execution of the original and filing
of a copy with the Clark County Auditor, each copy shall constitute an agreement
binding upon all Parties.
IN WITNESS THEREOF, the undersigned Parties have caused this Agreement
to be executed in their respective names by their duly authorized officers on the dates
as set forth below.
Addendum A
Page 4
Date
John M. ill' ms, City Manager
Y
Cit of B Gro nd
- Wo" Date 1 1`2
Ma �r c tt I. ggins
`City of Camas
Date
Commissioner Marc Boldt, Chair
Clark County Board of Commissioners
Date
Wayne Nelson, General Manager
Clark Public Utilities
Date
Mayor James T. Irish
City of La Center
Date
Justin Clary, City Manager
City of Ridgefield
Date
Eric Holmes, City Manager
City of Vancouver
Date
Mayor Sean Guard
City of Washougal
Date
Mayor James Weldon
Town of Yacolt
Addendum A
Page 5
Date
John M. Williams, City Manager
City of Battle Ground
Date
Mayor Sc o Higgins
Ci of mas
,
DateV V-
,
Commissioner arc Boldt, Chair
Clark County Board of Commissioners
Date
Wayne Nelson, General Manager
Clark Public Utilities
Date
Mayor James T. Irish
City of La Center
Date
Justin Clary, City Manager
City of Ridgefield
Date
Eric Holmes, City Manager
City of Vancouver
Date
Mayor Sean Guard
City of Washougal
Date
Mayor James Weldon
Town of Yacolt
APPROVED AS TO FO 'ONLY.
Addendum Ao in_g Attmey
Page 5