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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 25 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. 24 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 ~,' 1 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. N~.5:306J b. J fq 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 3 ~30~j~. j~q 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. ~\53o6jb. Jfq 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. 11~6Jlo. J fq 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. 6 ll~5306Jb. Jfq 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. lt~5:506Jb. jfq 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 9 N \53061b. j fq 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 WASIHNqTON STATE ASSOCIA ZION OF FIRE CHIEFS 19_9,,8 RECOMMENDED RA FE 8C~ ULE FOR INITIAL RESPONSE AND E~2 UIPMENT CItAR GES' ~ ~. A~r~rfl~t ~r. c~r~ t~ ~urly m~. ~~: ~r~msh ~, !C$ T~ 3: ~ ~2.00 ~ lS~ = ~3.~ (~r~r). 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