HomeMy WebLinkAbout5176 ] ORDINANCE NO. 5 i 7 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO
THE PIERCE COUNTY MASTER INTERLOCAL AGREEMENT TO CREATE ONE
4 MASTER INTERLOCAL AGREEMENT WITH COMMON PROVISIONS FOR
EXECUTION BY VARIOUS MUNICIPAL CORPORATIONS, INCLUDING BUT NOT
5 LIMITED TO, FIRE PROTECTION DISTRICTS, COUNTIES AND OTHER
SPECIAL PURPOSE DISTRICTS, AND OTHER AGENCIES SUCH AS FEDERAL
8 AND STATE AGENCIES, AND TO FURTHER COOPERATION AND ALLOW FOR
EXECUTION OF VARIOUS INTERLOCAL AGREEMENTS TO BE APPENDED TO
7 THE MASTER INTERLOCAL AGREEMENT AS EXHIBITS WHICH ARE "STAND
ALONE" CONTRACTS BUT CAN BE SHORT AND SIMPLE BECAUSE THE
8
COMMON TERMS AND CONDITIONS ARE CONTAINED IN THE MASTER
INTERLOCALAGREEMENT.
9
10
WHEREAS, there are many interlocal agreements currently
11
in existence between local government entities which contain
12
overlapping redundant terms and conditions; and
13
WHEREAS, there is a continuing trend toward cooperation
]4
between local government entities to engage in consolidated
15
functions, consolidations of administration or operations; and
]6
WHEREAS, there appears to be a need for a master
17
agreement which sets forth the common, standard, and
18
repetitive provisions rather than have these common, terms and
]9
conditions included in most, if not all, of the interlocal
20
agreements; and
WHEREAS, the interlocal agreements which shall be
22
appended to this Master Interlocal Agreement as exhibits can
23
be independent, "stand alone" contracts between the parties,
24
but the parties prefer to keep such interlocal agreements
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26
Ordinance No. 5176
November 10, 1998
Page 1
] simple and short, containing only the substantive provisions
2 relevant to the circumstances applying to the individual
3 interlocal agreements, while incorporating by reference the
4 standard terms and provisions of this Master Interlocal
5 Agreement by making each interlocal agreement and exhibit to
6 this Master Interlocal Agreement; and
7 WHEREAS, and Index of Exhibits is maintained pursuant to
8 Section 17 of the Master Interlocal Agreement; and
9 WHEREAS, each of the parties owns and maintains equipment
10 for the suppression of fires and for the supplying of
11 emergency medical services and responses to other
12 situations/events which are hazardous to the public; and
13 WHEREAS, each of the parties also retains firefighting
14 personnel who are trained to provide various levels of
]5 emergency medical services and response to other hazardous
16 conditions; and
]7 WHEREAS, in the event of a major fire, disaster or other
18
emergency, each of the parties may need the assistance of
]9 another party to this agreement to provide supplemental fire
20 suppression and emergency medical service equipment and
21 personnel; and
22 WHEREAS, each of the parties may have the necessary
23 equipment and personnel to enable it to provide such service
24 to another party in the event of such an emergency; and
25
Ordinance No. 5176
Nove~er 10, 1998
Page 2
] WHEREAS, the geographical boundaries of each party are
2 located in such a manner as to enable each party to render
3 mutual aid service to another.
4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
5 WASHINGTON, DO ORDAIN AS FOLLOWS:
6 Section 1. Pursuant to Chapter 39.33 RCW the Auburn City
7
Council hereby authorizes the Mayor and City Clerk to enter
8
into the Pierce County Master Interlocal Agreement with other
9
municipal corporations, including but not limited to, fire
10
protection districts, cities, counties and other special
1]
purpose districts, and other agencies such as federal and
state agencies, in order to create one applicable master
interlocal agreement with common provisions. A copy of said
14
Agreement is attached hereto as Attachment ~1" and
]5
incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
18
out the directions of this legislation.
19
Section 3. This Ordinance shall take effect and be in
2] force five (5) days from and after its passage, approval and
22 publication, as provided by law.
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25
Ordinance No. 5176
November 10, 1998
Page 3
1
2
INTRODUCED: November 16, 1998
PASSED: November 16, 1998
4
APPROVED: November 16, 1998
5
7 CHARLES A. BOOTH
MAYOR
8
9 ATTEST:
10 A~~
11 ~-z~
Dan~ll~ E. Daskam~
12 C~y Cl~rk
13
14
APPROVED AS TO FORM:
C~y A~o~n~y
18
10
21
24
Ordinance No. 5176
November 10, 1998
Page 4
PIERCE COUNTY
NASTER INTERLOCXL AGREEKENT
1. PARTIES.
The original parties to -~his Pierce County Master Interlocal
Agreement are Pierce County Fire Protection Districts 2, 3 and 5.
The intent of the original parties is to create one master
interlocal agreement for eventual execution by various municipal
corporations, including but not limited to, fire protection
districts, cities, counties, other special purpose districts, and
other agencies such as federal and state agencies, in order to
create one applicable master interlocal agreement with common
provisions between all agreeing parties. Additional parties can
bring themselves under the provisions of this Agreement by either
executing this Master Interlocal Agreement or a counterpart
thereof, or by entering into one of the below referenced exhibits,
which are ±nterlocal agreements that explicitly make reference
therein to the intent to subject the parties thereto to this Master
Interlocal Agreement. Some of the interlocal agreements, which
will be exhibits hereto, will include some but not all of the
parties to the Master Interlocal Agreement.
" 2. RECITALS.
A. The original parties to this Master Interlocal Agreement have
found and concluded that there are many interlocal agreements
currently in existence in Pierce County between fire
protection districts, between such districts and cities,
between cities and the County, and various other combinations,
which contain overlapping redundant terms and conditions. It
is further found that many of these repetitive and overlapping
terms and conditions could be avoided by having one master
interlocal agreement containing all of the standard provisions
agreed upon perpetually by the parties.
B. The original parties to this Agreement further find that there
is a continuing trend toward cooperation between fire
protection districts in Pierce County and abeginning trend of
cooperation between cities and fire protection districts. In
an ever increasing frequency, these municipal corporations are
engaging in consolidated functions, complete consolidations of
administration or operations, and in fact mergers. This
Master 'Interlocal Agreement is intended to further these
trends toward cooperation and consolidation of functions.
C. The original parties to this Master Interlocal Agreement
perceive a need for a master agreement to set forth the
common, standard, and repetitive provisions rather than have
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N\S306jb. jfq .j
Attachment "1", Ordinance No. 5176
these common terms and conditions included in most, if not
all, of the interlocal agreements.
D. The interlocal agreements which shall be appended hereto as
exhibits couldbe independent, "stand-alone" contracts between
the parties, but the parties would prefer to keep such
interlocal agreements simple and short, containing only the
substantive provisi6n~ relevant to the circumstances at hand,
while in effect incorporating by reference the standard terms
and provisions of this Agreement by making each interlocal
agreement an exhibit to this Master Interlocal Agreement.
3. IUTHORITY.
Authority for this Agreement is contained for all applicable state
agencies, political subdivisions, special purpose districts and
municipal corporations in the State of Washington byRCW39.34, the
Interlocal Cooperation Act. Additional authority is contained in
RCW 52.12.021 and RCW 52.12.031, with respect to the fire
protection districts. With respect to water districts, additional
authority is contained within Title 57 RCW. With respect to
cities, additional authority for such contracts is contained within
RCW 35, and Title 35A for optional municipal code cities.
Authority for such agreements by the County is contained within
Title 36 RCW.
4. PURPOSE AND INTENT.
The purpose of the original parties to this Master Interlocal
Agreement and any parties added later shall be to save costs and
expenses, as well as time, by avoiding redundancy and repetitive
terms and provisions in various interlocal agreements when the
common terms and provisions of this Master Interlocal Agreement are
already in effect. The intent of the parties is to create a master
interlocal agreement that can include the parties' general
agreement as to many standard terms and provisions without limiting
the parties' flexibility to execute an interlocal agreement
containing substantive provisions when the circumstances arise.
Whenever a new subject for cooperation, consolidation, or mutual
and joint action requires an interlocal agreement, the parties may
execute one without undue expense or needless waste or time.
5. RECORDING.
This Agreement shall be recorded and filed pursuant to the
provisions of RCW 39.34.
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6. ~ERM OF AGREEMENT.
The term or duration of this Agreement shall be perpetual, subject
to thebelow-stated termination provisions. This Agreement by its
own force does not require the expenditure of any specific
municipal corporation's funds.
7. CONFLICT BETWEEN A~REEMENTB.
If there is any conflict between the terms and provisions hereof
and the specific terms of an interlocal agreement, it is understood
and agreed that the specific conflicting provisions of the
interlocal agreement shall control. This conflict rule is
applicable not only to interlocal agreements specifically appended
hereto as exhibits at any time, but also any other interlocal
agreements hereafter entered into between any parties to this
Agreement.
8. TERMINATION OF AGREEMENT.
This Master Interlocal Agreement may be terminated upon mutual
agreement of all of the parties then signatory thereto by execution
of a written instrument of termination.
9. WITHDRAWAL FROM AGREEMENT.
Any of the original parties, or any of the additional parties added
to this Master Interlocal Agreement at any time may withdraw from
the Master Interlocal Agreement bysubmittingwritten notice to any
of the parties to the Master Interlocal Agreement with which the
withdrawing party has entered into any interlocal agreement,
whether it be an exhibit to this Master Interlocal Agreement or
not. A withdrawal shall be effective upon the date stated in the
notice, so long as the notice is properly given at least ninety
(90) days before the effective date.
10. MODIFICATION OR AMENDMENT OF AGREEMENT.
This Master Interlocal Agreement may be modified or amended, but
such amendment shall require the mutual written assent of all
parties then signatory to the Master Interlocal Agreement. The
index of exhibits, below referenced, shall include a list of all
parties to all applicable interlocal agreements.
11. T.EADAGENCY CONCEPT.
In many, if not all of the interlocal agreements appended to this
Master Interlocal Agreement, the concept of a lead agency will be
used. When the term "lead agency" is used in this Master
Interlocal Agreement or any interlocal agreement executed hereafter
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between the parties, the concept shall mean and include that the
lead agency shall be primarily responsible for the administration
and implementation of the referenced agreement. The agency taking
the lead on any particular agreement does not thereby incur any
greater liability for performance of the agreement, which shall
remain with the parties as set forth in the interlocal agreement.
The lead agency will be responsible for contract administration,
including but not limited' to billing the other parties for
appropriate reimbursement of costs incurred under the agreement,
acting as the employer when called for under any applicable
agreement (unless otherwise provided in the interlocal agreement),
and also acting as liaison or contracting party with any third
parties affected by the interlocal agreement.
12. R=IMBURSABLB COSTS.
Those interlocal agreements which provide for reimbursable costs to
the lead agency or any other party shall utilize the current
version of the Washington State Fire Chiefs Association wage and
benefit schedule, which is attached to this Master Interlocal
Agreement as Exhibit A. This version of the costs and expenses may
be replaced by the current version or a different version by a
particular interlocal agreement, but otherwise this exhibit shall
provide the rates for all costs for reimbursement.
13. ENTIRE AGREEMENT.
This Master Interlocal Agreement and Exhibit A (regarding
reimbursable costs) embrace and include the entire understanding of
the parties. This Agreement supersedes and cancels any prior
negotiations or communications between the parties with respect to
the subject matter of the Master Interlocal Agreement, but the
execution of the Master Interlocal Agreement does not supersede any
interlocal agreements executed between these parties prior to this
Agreement's effective date. Further, it is understood and agreed
that the Master Interlocal Agreement is intended for use in
conjunction with future exhibits, which shall be interlocal
agreements between some or all of the parties hereto. Such
interlocal agreements are to be appended as exhibits to this
Agreement and are intended to be incorporated herein by reference
as a part of the Master Interlocal Agreement.
14. GOVERNING LAW.
This Agreement is entered into and shall be governed by the law of
the State of Washington. In the event of a dispute that has
completed arbitration or been held ineligible for arbitration, the
venus shall lie in Pierce County, Washington.
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15. }arBITRATION OF DISPUTES.
It iS the intent of all parties to the Master Interlocal Agreement
that disputes, if any, between any of the parties hereto shall be
resolved as informally and amicably as possible by settlement
without the assistance of any outside professionals in dispute
resolution. However, if such conciliation fails, the parties agree
that mediation may be usefir "If the parties are unable to resolve
the dispute through mediation, then an arbitrator shall be selected
through the auspices of the American Arbitration Association, or
any such entity providing arbitrators as the parties may agree
upon. The arbitration shall proceed, however, with a single
arbitrator and with the parties sharing the costs proportionately,
depending upon how many of the parties are involved in the dispute.
0nly if arbitration is unsuccessful or declared by a court to be
inapplicable to the dispute shall the parties proceed to Superior
Court.
16. CONSTRUCTION/INTERPRETATION.
This Agreement is being entered into and shall be construed and
interpreted in accordance with the laws of the State of Washington.
17. EXHIBITS/INDEX OF EXHIBITS.
With the exception of Exhibit A regarding a cost schedule, the
other exhibits to this Master Interlocal Agreement are intended to
be separate and independent interlocal agreements that are rendered
complete by their inclusion as exhibits to this Agreement. Since
this Master Interlocal Agreement is in a certain sense open-ended
and may be subject to numerous exhibits, it is understood and
agreedthat a master index of the exhibits or interlocal agreements
shall be maintained. That index of exhibits or interlocal
agreements to which this Master Interlocal Agreement makes
reference shall be maintained at the offices of counsel, now
declared to be:
Vandeberg Johnson & Gandara
1201 Pacific Avenue, Suite 1900
Tacoma, WA 98402
Attention: Joseph F. Quinn
(206) 383-3791
The above counsel shall be the custodian of the index and shall
make available to any party to this Agreement at any time not only
the index of exhibits, but any individual interlocal agreement
which any party to this Agreement desires to obtain.
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18. INDEPENDENT COUNSEL REVIEW.
While it is recognized that many of the parties to this Agreement
have historically used as their general counsel Vandeberg Johnson
& Gandara, by and through Elvin J. Vandeberg, Clifford D. Foster,
Jr. or Joseph F. Quinn, it is understood and agreed by all parties
that each party has the right to have'independent counsel review
this Master Interlocal Agreement, or any interlocal agreement
executed hereunder as an exhibit, to ensure objective and
disinterested review hereof.
19. HOLD BARMLESS/INDEMNIFICATION.
Each of the parties which are signatories hereto, by executing this
Master Interlocal Agreement or by executing any of the interlocal
agreements which are exhibits hereto, after review of this Master
Interlocal Agreement, are deemed to hold harmless and indemnify any
and all other parties to any respective interlocal agreement
between the parties for any negligence, errors or omissions of the
indemnifying party. The indemnification and hold harmless is
mutual with respect to any of the negligence, errors and omissions
of any of the other parties, with respect to their own negligence,
errors and omissions. Each party, therefore, remains solely liable
for their own sole negligence, errors or omissions. Such
indemnification extends not only to the actual party, but all
employees, agents, volunteers and parties acting on their behalf.
The respective parties to the interlocal agreement are not deemed
to be agents of each other for purposes of these agreements.
20. WAIVER OF BREACH.
The failure of any party to this Agreement to insist upon strict
performance of any of the covenants and agreements contained in
this Agreement or any of the interlocal agreements which are
exhibits, or to exercise any option or right conferred by this
Agreement or those agreements, in any one or more instance shall
not be construed to be a waiver or relinquishment of any such
option or right or of any other covenants or agreements which shall
all be and remain in full force and effect.
21. ATTORNEY'8 FEES.
If any party brings any legal action in court to enforce any
provisions of this Agreement or any documents executed in
connection therewith, the successful prevailing party shall be
entitled to recover reasonable attorney's fees and other costs
incurred in that action, in addition to any other relief to which
that party may be entitled.
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22. NO~C~B.
Any notice required or desired to be served, given or delivered
hereunder or under any of the interlocal agreements shall be in
writing and shall be deemed to have been validly served, given or
delivered upon deposit in the United States mail by registered or
certified mail .with proper postage prepaid and addressed to the
party to be notified. "Each party to this Master Interlocal
Agreement shall include the applicable address below the signature
block hereof and below the signature block of any interlocal
agreement entered into as exhibits to this Agreement.
23. COUMTERPARTB.
This Agreement may be executed simultaneously in two or more
-counterparts, each of which shall be deemed an original, but all of
which together shall constitute one and the same instrument. As
additional parties are added to this Master Interlocal Agreement,
a counterpart will be used to include them into the Master
Interlocal Agreement.
24. ~SSI~NMENTS.
No party may assign or delegate any right or duty under this
Agreement without unanimous written consent of all parties.
..... 25. SEVERABILITY.
The invalidity, illegality or unenforceability of any provisions
hereof or of any individual interlocal agreement incorporated
herein as an exhibit shall not in any way affect, impair,
invalidate or render unenforceablethis Agreement or any provisions
thereof, of any of the interlocal agreements which are exhibits
hereto or any provisions thereof.
26. CAPTIONS.
The captions and headings of the paragraphs of this Agreement and
of the individual interlocal agreements which are exhibits hereto
are for convenience and reference only and are not to be used to
interpret or define provisions.
27. VARIATIONS IN PRONO~FNS.
All pronouns .include the masculine, feminine, neuter, singular or
plural as the identification of persons, places, firms,
corporations or entities as the context may require.
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28. SUCCESSOR8 OR ASSIGNS.
If any party to this Agreement or any of the interlocal agreements
which are exhibits hereto ceases to exist by reason of merger,
dissolution, or any other such corporate change of form, and if
there is a successor corporation or entity surviving the merger,
dissolution, or otherwise to which the duties of any contracting
party are assignable, then the terms and provisions of this Master
Interlocal Agreement and any applicable interlocal agreements which
are exhibits hereto are deemed to apply to that successor/assignee
municipal corporation, so long as the applicable laws of the State
of Washington allow such municipal corporation to assume those
duties and responsibilities.
29. EFFECTIVE DATE.
This Agreement is dated the ~ day of/~ h~~ '
~ ~ 1996, the
date on which the last of the signatures below &n affixed to
the Agreement. This Master Interlocal Agreement shall not operate,
however, and be effective until the effective date of the first
interlocal agreement appended hereto.
PIERCE COUNTY FIRE PIERCE COUNTY FIRE
PROTECTION DISTRICT 2 PROTECTION DISTRICT 3
~.~~~ commssioner
commissioner
ecre~'ry ' ' '
[Signatures continued on following page]
8
1¢\5306jb. j fq
PIERCE COUNTY
FIRE PROTECTION DISTRICT 5
Chair
Commissioner ~~_
Commissioner
Attest:
Approved as to Form:
VANDEBERG JOHNSON & GANDARA
By: 't:"'=~7' / -"':"'" .....
--. JOSEPH F. QUINN~ WSBA #6810
Of Atto~eys for Fire Protection
District Nos. 2, 3 and 5
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CITY OF AUBURN
CHARLES A. BOOTH
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Pierce County Master Interlocal Agreement
Page 10
11/02/19g8 12:19 2535893772 JOSEPH F QUINN PAGE 82
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