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RESOLUTION NO. 2 1 4 8
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
SOUTH VALLEY SPECIAL OPERATIONS INTERLOCAL GOVERNMENT
AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF PACIFIC,
WASHINGTON.
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THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
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REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT:
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section 1. The Mayor and City Clerk of the city of
Auburn are herewith authorized to execute South Valley special
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Operations Interlocal Government Agreement between the CITY OF
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AUBURN and the CITY OF PACIFIC, WASHINGTON, to participate in
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hazardous materials mitigation and Special Land and Water
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Rescue incidents. A copy of said Agreement is attached hereto
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and denominated Exhibit "A".
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Section 2. The Mayor is hereby authorized to implement
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such administrative procedures as may be necessary to carry
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out the directives of this legislation.
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DATED and SIGNED this cX/~
day of fjUJ14-
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1991.
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CITY OF AUBURN
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, MAYOR
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Resolution No. 2148
December 14, 1990
Page 1
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ATTEST:
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8iU1LJ j;U/JLUuLLftV
Robin Wohlhueter, City Clerk
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APPROVED AS TO FORM:
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Stephen R. Shelton,
city Attorney
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26 Resolution No. 2148
December 14, 1990
Page 2
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SOUTH VALLEY
SPECIAL OPERATIONS
INTERLOCAL GOVERNMENT AGREEMENT
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THIS AGREEMENT made and entered into on the date
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hereinafter set forth, by and between the CITY OF AUBURN and
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the public agency hereinafter indicated, for the purpose of
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participating in hazardous materials mitigation and Special
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Land and Water Rescue incidents.
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THIS AGREEMENT is entered into under the authority of RCW
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52.12, RCW 39.34 and RCW 70.136.
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1.
The Auburn Fire Department owns and maintains
equipment and retains personnel who are trained to
provide various levels of service in hazardous
materials mitigation and specialized land and water
rescues.
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2.
In the event of a hazardous materials incident, or a
Special Land or Water Rescue incident, or a
combination thereof, a party to this Agreement may
request the assistance of the Auburn Fire Department
special Operations Unit.
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3.
The Auburn Fire Department will provide a response
team and the special Operations unit and act as a
liaison with the Incident Commander at the scene to
mitigate hazards to life, property and the
environment, in accordance with RCW 70.136.
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4.
participating parties understand and agree that the
Auburn Fire Department response team and equipment
are not intended to be the total manpower or
apparatus at an incident scene. The actual
involvement of the response team may be restricted
to rescue and/or initial containment. The response
team shall not participate in clean-up operations.
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26 South Valley Special operations Agreement
City of Pacific (sv-p) Resolution No. 2148
December 14, 1990
Page 1
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5.
In accordance with RCW 70.136, each participating
agency agrees to:
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1.
The governing body of each
participating agency agrees to notify
the Director of Community
Development, of the state of
Washington, of the intent of the
subj ect agency to serve as the
II Incident Command Agency II in the
event of a hazardous materials
incident. Such notification would
then ensure:
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II An incident command aaency in the
aood faith performance of its duties.
is not liable for civil damaaes
resultina from any act or omission in
the performance of its duties. other
than acts or omissions consti tutina
aross nealiaence or willful or wanton
misconduct.
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Any person or public aaency whose
assistance has been reauested by an
incident command agency. who has
entered into a written hazardous
materials assistance aareement before
or at the scene of the incident
pursuant to RCW 70.136.060 and
70.136.070. and who, in good faith,
renders emergency care, assistance,
or advice with respect to a hazardous
materials incident, is not liable for
civil damages resulting from any act
or omission in the rendering of such
care, assistance, or advice, other
than acts or omissions constituting
gross negligence or (willful) willful
or wanton misconduct."
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6.
Participating Districts and/or Departments will
provide disaster plans or "Target Hazard"
assessments, similar to those required under Super
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South Valley Special Operations Agreement
ci ty of Pacific (Sy-p) Resolution No. 2148
December 14, 1990
Page 2
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Fund Amendments and Reauthorization Acts (SARA)
Title III, on their local community for evaluation
by the Auburn Special Operations Team.
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7.
In-depth training at 1st Responder Level, shall be
provided in accordance with II SARA II regulations to
the members of each Department's or District's team
by the host Department.
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Local Departments or Districts will develop their
own Standard Operating Procedures in accordance with
SARA to ensure adherence to training efforts.
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A fee schedule will be established and maintained in
accordance with current wages, benefits, materials
and equipment to provide the City of Auburn to
recover its actual expenses incurred while providing
service to the participating agencies involved. It
will be the responsibility of the Department or
District where the incident occurred to provide
reimbursement to the Auburn Fire Department.
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Further, the participating agencies agree to the
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following terms for the purpose of membership in other similar
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agreements and for termination:
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1.
AGREEMENT NOT EXCLUSIVE: This Agreement is not
intended to be exclusive as between the several
parties hereto. Any of the parties hereto may, as
they deem necessary or expedient, enter into
separate mutual assistance agreements with any other
party or parties. Entry into such separate
agreements shall not, unless specifically stated
therein, affect any relationship or covenant herein
contained; provided, that no such separate agreement
shall terminate any responsibility herein undertaken
unless notice shall be given pursuant to this
Agreement.
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2.
TERMINATION. This Agreement shall remain in full
force and effect unless and until terminated as
follows:
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South Valley special Operations Agreement
city of Pacific (Sy-p) Resolution No. 2148
December 14, 1990
Page 3
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A.
written notice shall be served by any party
hereto upon any other party or parties of its
intention to terminate the Agreement as to the
party or parties so notified. Such notice
shall be served not less than thirty days prior
to the termination date set forth therein, and
a copy shall be forwarded to each party
signatory hereto. Said notice shall
automatically terminate the Agreement on the
date set out unless rescinded prior thereto in
writing.
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B.
Termination of the agreement between parties
affected by such notification shall not affect
the continuation of the Agreement as to any
party hereto not indicating an intention to
withdraw as provided herein.
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C.
Termination of the relationship effected by
this Agreement shall not preclude future
agreements for mutual aid between the parties
terminated hereunder.
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HOLD HARMLESS. This Agreement shall hold harmless,
all participating agencies:
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A.
withdrawal of Assistance. The CITY OF AUBURN
when at the scene of any incident, may withdraw
its assistance if it deems the actions or
directions of the Participating Agency to be
contrary to accepted hazardous materials
response practices.
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B.
Liability. Except as otherwise provided in RCW
38.52.190, .198 and .220, the city of Auburn or
the Participating Agencies shall be acting
under a County emergency plan, or as provided
under Chapter 70.136 RCW, each party agrees to
assume responsibility for all liabilities that
occur or arise in any way out of the
performance of this Agreement by its personnel
only and to save and hold the other party, its
employees and officials, harmless from all
costs, expenses, losses and damages, including
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South Valley Special Operations Agreement
City of Pacific (Sy-p) Resolution No. 2148
December 14, 1990
Page 4
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cost of defense, incurred as a result of any
acts or omissions of the party's employees
relating to the performance of this Agreement.
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DATED this c9ltJ1 day of ~-'~_
, 1991.
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CITY OF AUBURN
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MAYOR
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ATTEST:
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~~ !JJ~lL1j~uiZ0J
Robin Wohlhueter, City Clerk
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APPROVED AS TO FORM:
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Ytj~ ~
Stephen R. Shelton,
City Attorney
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CITY OF PACIFIC, WASHINGTON
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BY:
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C2~~~
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South Valley Special Operations Agreement
City of Pacific (Sy-p) Resolution No. 2148
December 14, 1990
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