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I. ~...",,,,=~,- 1 RESOLUTION NO. 2 9 1 0 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE PUBLIC WORKS EMERGENCY RESPONSE MUTUAL AID AGREEMENT. 4 5 WHEREAS, the Public Works Emergency Response Mutual Aid 6 Agreement is authorized under State of Washington, RCW's 35 7 (City) 36 (County) , 38.52 (Emergency Management), 39.34 8 (Interlocal Agreement) and 47 (Public Highway Transportation 9 10 (DOT) ); which is activated only in the event of a proclamation 11 of an emergency by the local and/or state government approving 12 authority; and 13 WHEREAS, the agency asking for assistance from any 14 signatory agency will herein be referred to as the Requesting 15 Agency; and 16 WHEREAS, the signatory agency agreeing to assist another 17 signatory agency asking for assistance will herein be referred 18 to as the Responding Agency; and 19 WHEREAS, it is necessary and desirable that this 20 Agreement be executed for the exchange of mutual aid; with the 21 intent to supplement not supplant agency personnel. 22 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 23 24 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 25 RESOLVES THAT: 26 Resolution No. 2910 January 14, 1998 Page 1 I' ,.,.~., f_ 1 SECTION 1. The Mayor and City Clerk of the City of 2 Auburn, Washington, are herewith authorized to execute Public 3 Works Emergency Response Mutual Aid Agreement. The City of 4 Auburn may cancel its participation in this Agreement by 5 gi ving written notice to the Washington State Department of 6 Transportation, TransAid Service Center. A copy of said 7 8 Agreement is attached hereto as Exhibit "A" and incorporated 9 herein. 10 SECTION 2. The Mayor is hereby authorized to implement 11 such administrative procedures as may be necessary to carry 12 out the directives of this legislation. 13 DATED this 20th day of January, 1998. 14 CITY OF AUBURN (1,,<V\b f-), ~~ CHARLES A. BOOTH MAYOR 15 16 17 ATTEST: 18 ~aMC~ Da lelle E. Daskam, City Clerk 19 20 21 22 APPROVED AS TO FORM: , , , , 23 '. Ii; , \.. \ i' . \\.Xlt. \- './ \ f'( ') Michael J. Reynolds, City Attorney 24 25 26 Resolution No. 2910 January 14, 1998 Page 2 PUBLIC WORKS EMERGENCY RESPONSE MUTUAL AID AGREEMENT WHEREAS, the purpose of this pre-disaster agreement between the agencies is to provide for immediate assistance to protect life and property; WHEREAS, this Agreement is authorized under State of Washington, RCW's 35 (City), 36 (County), 38.52 (Emergency Management), 39.34 (Interlocal Agreement) and 47 (Public Highway Transportation (DOT)); which is activated only in the event of a proclamation of an emergency by the local and/or state government approving authority; WHEREAS, the agency asking for assistance from any signatory agency will herein be referred to as the Requesting Agency; WHEREAS, the signatory agency agreeing to assist another signatory agency asking for assistance will herein be referred to as the Responding Agency; WHEREAS, it is necessary and desirable that this Agreement be executed for the exchange of mutual aid; with the intent to supplement not supplant agency personnel. NOW, THEREFORE, it is hereby agreed by each and all of the parties signatory to the Agreement as follows: 1. Each agency signatory to this Agreement agrees to furnish, upon its sole discretion, those resources and services it deems to be available to each other signatory agency hereto as necessary to assist in the prevention, response, recovery and mitigation of proclaimed emergencies/disasters. 2. It is hereby understood that this Agreement shall not supplant pre-existing mutual aid agreements nor deny the right of any agency hereto to negotiate other mutual aid agreements. 3. The Responding Agency shall assist in only those situations for which it has determined it has qualified personnel, appropriate equipment and necessary materials. Resources of the Responding Agency that are made available to the Requesting Agency shall, whenever possible, remain under the control and direction of the Responding Agency. The Requesting Agency shall coordinate the activities and resources of all Responding Agencies. CITY OF AUBURN EXHIBIT "A", RESOLUTION NO. 2910 A ADOPTFD .IAN?O 1998 4. It is hereby understood that the Responding Agency will be reimbursed (e.g., labor, equipment, materials and other related expenses as applicable, including. loss or damage to equipment) at its adopted usual and customary rates. The Responding. Agency shall submit an itemized voucher of costs to the Executive Head of the Requesting Agency within sixty (60) days after completion of work (RCW 38.52.080). Unless otherwise agreed, the Responding Agency shall receive reimbursement within ninety (90) days after the voucher submittal date. 5. The Responding Agency shall have no responsibilities or incur any liabilities because it does not provide resources and/or services to any other party to this Agreement. The Responding Agency shall retain the right to withdraw some or all of its resources at any time. Notice of intention to withdraw. shall be communicated to the Requesting Agency's designated official, or the official's designee, as soon as practicable. 6. All privileges, immunities, rights, duties and benefits of officers and employees of the Responding Agency shall apply while those officers and employees are performing functions and duties on behalf of the Requesting Agency, unless otherwise provided by law. Employees of the Responding Agency remain employees of the Responding Agency while performing functions and duties on behalf of the Requesting Agency (RCW 38.52.080). 7. To the extent permitted by law, the Requesting Agency shall protect, defend, hold harmless and indemnify all other Responding signatory Agencies, and their officers and employees from any and all claims, suits, costs, damages of any nature, or causes of action, including the cost of defense and attorneys fees, by reason of the acts or omissions, whether negligent, willful, or reckless, of its own officers, employees, agency or any other person arising out of or in connection with any acts or activities authorized by this agreement, and will pay all judgments, if any, rendered. This obligation shall not include such claims, costs, damages or other expenses which may be caused by the sole negligence of the Responding Agencies or their authorized agents or employees. 8. Authorization and approval of this Agreement shall be in a manner consistent with the Agency's current procedures. This Agreement shall be effective upon approval by two or more agencies and shall remain in effect as long as two or more agencies are parties to this Agreement. Upon execution of this Agreement, the agency shall send an original or a certified copy of the agreement to the Washington State Department of Transportation, TransAid Service Center. TransAid shall maintain a list of all signatory agencies and send an updated list to all agencies whenever an agency is added or removed from the list. CITY OF AUBURN EXHIBIT "A", RESOLUTION NO. 2910 B ADOPTFD JAN2D--199B---------~-- . 9. Any agency signatory to this Agreement may cancel its participation in this Agreement by giving written notice to the Washington State Department of Transportation, TransAid Service Center. 10. This Agreement is for the benefit of the signatory agencies only and no other person or entity shall have any rights whatsoever under this Agreement as a third party beneficiary. CITY OF AUBURN Agency KING County, WaSh~O~n ~knl~ Q ,\~Char1es A. Authorized Representative Booth, Mayor January 21, 1998 Date Designated Primary Contact: Office: Contact: Phone Number: Fire Depart:.rrent Duty Officer (253) 931-3060 Emergency 24 Hour Phone Number: (253)852-2121 (Valley Cornm) Approved As To Form {"'-^'v ANN E. SALAY Office of the Attorney Gener ~,IO-17 Date C CITY OF AUBURN EXHIBIT "A", RESOLUTION NO. 2910 ....ADOP.IED.JAN 20. 1998