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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) Media Type* r Paper r Electronic r Both Additional Contract Information 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Other Terms of Renewal or Termination & Extensions* (i.e.,10 calendar days written notice;90 days written notice;thtil superseded;None specified;etc.)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 Description of Records Contracts and Agreements- Capital Assets(Non-Real Retention Disposition Action Property) 6 years Destroy Designation r Archival-Appraisal Required r Archival-Permanent Retention V Essential r Non-Essential rJ Non-Archival r OFM rJ OPR Remarks r Confidential r Exempt Information Comments File Upload* Of �-�� CONTRACTS & AGREEMENTS Record No. Date 01/23/2020 Required Information ® NEW WASHINGTON Cover Sheet ❑ REPLACEMENT ❑ EXISTING The original paper copy of ALL Camas contracts/agreements/amendments are to be retained in the City's centralized filing system, managed by the City Clerk's Office. RES No. 16-009, contract and agreement thresholds- authorizes Mayor/designee to enter into/execute the following contracts/ agreements without individual approval of each contract/agreement by City Council: o Professional Service Contracts/Agreements-including, but not limited to contracts/agreements for architectural, engineering, legal and consulting services involving a cost or fee of less than$50,000. o Maintenance/Service Contracts-for nonprofessional services involving a cost or fee of less than $50,000. o Lease Agreements-for materials, supplies and equipment where expenditures or fee do not exceed $50,000 per year. o Public Works Projects- Small Works Roster Projects with a single trade involving expenditures of less than $100,000 and Small Works Roster Projects with multiple trades involving expenditures of less than $150,000. o Public Works Projects.- Capital Major Maintenance Projects in excess of limits set forth above will proceed to Council for approval. o Change Orders—Mayor/designee has the authority to execute Change Orders up to 10% of contract total, provided they are within limits of original contract and consistent with scope and intent of authorized project. *** FILL OUT ALL APPLICABLE FIELDS AND ENSURE REFERENCED EXHIBITS ARE ATTACHED *** 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, Contract ❑Consultant/Professional Services ordinance,amendment no.to original contract dated) ®Contract for Services ❑Grant ❑Interlocal Agreement (ILA) Recording Number& If Council Approval Required(see limits above),provide date of ❑Franchise Agreement Date Council approval: RES No. ❑Development Agreement Budget Funded Account# ❑Amend ment/Supplement to Contract No. OR ❑Other(type) Other Funding Source: Contract Start Date Expiration Date Contract1Project Terms of Renewal or Termination&Extensions 02/22/2012 Completion Date (REQUIRED) In effect until written notice of termination Original or Copy Media Type Specific Location of Record ❑ Original ® Copy ® Paper ❑ Electronic ❑ CD-DVD ❑ Network Location ❑ Eng. Copy ❑ Video/Audio Tape ❑ Flash Drive ® Building Cabinet Number If copy,where is original? ❑ Other ❑ Additional Copy Locations FOR ADMINISTRATIVE ASSISTANT USE ONLY Disposition Authority#(DAN)(REQUIRED) Records Series Title RetentionlDispo Event Cut-off&Date GS2011-169 Rev 2 sition Action Designation/Remarks Comments M Essential ❑ Archival-Appraisal Req'd ❑ Archival-Permanent K Non-Archival, Destroy After Retention Met ❑ Confidential ❑ Other Routing Signatures/Initials: EXEMPT INFORMATION (statute and page Nos): City Attorney Click or tap here to enter text. r City Administrator i% Department Manager/Director ➢ Finance Director ➢ City Engineer(s) Other 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