Loading...
HomeMy WebLinkAbout3159 RESOLUTION NO. 3 15 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ACCEPTING AN AGREEMENT BETWEEN THE CITY AND KING COUNTY FIRE PROTECTION DISTRICT #44 TO PROVIDE FIRE AND EMERGENCY SERVICES TO THE ANNEXED AREA OF LEA HILL WITHIN THE CORPORATE LIMITS OF THE CITY. WHEREAS, the City of Auburn is presently completing the annexation of approximately 450 acres of land located within the Lea Hill Potential Annexation Area (PAA) as designated in the City's Comprehensive Plan; and WHEREAS, upon annexation the City will assume responsibility for the provision services to area residents including Fire and Emergency response; and WHEREAS, the current annexation is expected to be the first in a series culminating in the incorporation of the entire PAA into the City, and WHEREAS, in a series of public meetings spanning several years, area residents have indicated their satisfaction with Fire and Emergency services provided by Fire District #44; and WHEREAS the City of Auburn and Fire District ~4 have a long history of cooperation and support under existing mutual aid agreements; and WHEREAS, the City will ultimately assume the responsibility for direct provision of Fire and Emergency Services for Lea Hill as well as the assets of Fire District #44, in accordance with State law; and Resolution 3159 February 10, 2000 Page 1 WHEREAS, the City has determined that the most cost effective approach to the need to provide services to the area being annexed is to contract with Fire District #44 to maintain service until further annexations are completed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES: Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to enter into a contract with the King County Fire Protection District #44 to provide Fire and Emergency services until such time that the City concludes direct provision of Fire and Emergency services is appropriate. A copy of which is attached hereto as Exhibit "A" and is incorporated herein by reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution 3159 February 10, 2000 Page 2 DATED AND SIGNED this ,~ay of February, 2000. CITY OF AUBURN Chades A. Booth Mayor ATTEST: A/C)~C~ ~~-,-~ -,/ Danielle E. Daskam City Clerk APPROVED AS TO FORM: Michael J. Reynolds City Attorney Resolution 3159 February 10, 2000 Page 3 Return Address Auburn City Clerk Crty of Auburn 25 West Ma~n St Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactsons contained theresn) r' 1 AgreementforFireandLifeSafetyServices '-" Reference Number(s} of Documents asssgned or released =::' E:]Add~t~onal reference #'s on page of decument Grantor(s) (Last name first, then first name and ~mt~als) I CITY OF AUBURN ~._--t Grantee: (Last name first) 1 KING COUNTY^PROTECTION DISTRICT ff-44 Legal Description (abbrevtated t e lot, block, plat or sectton, township, range) C~3 Addrbonal legal ;s on page 9 of the document Assessor's Property Tax Parcel/Account Number: Se~d document(~) were flied for record by Pac~c Northweal TitJe examined as to proper exittall rk ef Assessor Tax # not yet assyjned r - ks le ,-- · ~ AGREEMENT FOR FIRE AND LIFE SAFETY SERVICES Th~s Agreement ss entered into, between KING COUNTY FIRE PROTECTfON DISTRICT #44, a munsc~pal corporation, hereafter referred to as "DIstnct 44" and the CITY OF AUBURN, a municipal corporation, hereafter referred to as "the C~ty" to serve an area that ~s a recently annexed area withan the corporate bruits of the C~ty as of the date of the signing of th~s Agreement, hereafter referred to as "contracted serv,ce area", as shown on the attached Exhibit A, as follows. 1 Basis for Aareement A. The City has set a goal of maintaining at least the current level of servsces based on the current revenue avadable As a part of the Qty Council resolution to annex th~s porbon of Lea Hfil, the Council expressed ~ts desire to contract with D~stnct 44 to continue to provide service to the area. Thts service agreement ts acknowledged by both parties, to be temporary ~n nature. It ~s intended District 44 serve the area until such brae as additional annexations by the C~ty occur on Lea H~II At such t~me ~t ~s the ~ntent of the Qty to assume full respons~bd~ty for fire and emergency services and ~n a manner consistent w~th services provrded elsewhere ~n the CIty B The CIty and D~stnct 44 recognize the significant long-term value (tangible and non-tangible) of an Agreement to provLde serwce to the contracted service area The purpose Is to continue at, a minimum, the current level of emergency and non-emergency services. C The CIty and Distnct 44 wdl continue to remain open to consader other cooperative ventures between each other and other fire and hfe safety agencies where ~t is mutually acceptable and ~n the best roterest of the at~zens of each of the respective fire and life safety junsdlctrons D. By this Agreement the Qty contracts with Distnct 44 to provide fire prevention, suppression, medical aid / rescue services, hazardous matenals (operations level), pubhc education, fire apparatus and facd~ty maintenance as well as fire administrative services to the contracted service area E Thss Agreement ~s entered into between the Distncts under the authority of RCW 52.12 031 and rn conformity w~th RCW 39 34, the Interlocal Cooperation Act F !t ~s the purpose of th~s Agreement to provide the terms and conditions under which Dsstnct 44 wdl prowde services to the City G The parbes agree that they wdl work to develop a plan detaffing how the ultimate absorpbon of the D~stnct 44 service area wIthin the Auburn Potential Annexation Area (refer to exhlbtt A) can be accomphshed with a minimum of dtsrupt~on 2 Services to be provided bv District 44 D~stnct 44 shall provide the same service as ~s prowded to any other areas served by the D!stnct, not wIthin the C~ty The FIre D~str~ct wdl continue to momtor and preserve all assets. The City may prowde enhanced serwces 3 ReDods DIstnct 44 agrees to provide the C~ty with monthly and annual summary reports on incidents occurnng within the contracted service area, md~catlng the number and nature of such incidents The summary reports shall be provided within 30 days followtng the close of the reporting penod 4 Payment bv the City of Auburn r-- In exchange for the'bamc services prowtied by D~stnct 44, as set forth ~n th~s '"" Agreement, the C~ty agrees, beginning ~n the year In which the C~ty collects real -- property taxes from the contracted service area, to pay to C)lstr~ct 44 an amount c::> determined by the apphcation of the then current D~strict 44 property tax ~evy rate co per thousand dollars on the assessed value of taxable property located w~th~n ~ the contracted service area. Payment to the Dtstnct by the C~ty for regular payment of taxes wdl be made m semi-annual payments The first payment wdl be made by May 31 and the second payment will be made by November 30. Payment will not ~nclude the voter approved excess levy The Dsstrict shall receive credit from K~ng County EMS for area which the D~stnct serves 5 Insurance D~stnct 44 shall provide for the C,ty, ensurance "dollar bruits and coverage as described below' A Property Coveraae Dsstrlct 44 shall provide full coverage property insurance for all Distnct equipment and faciht~es, and shall be solely responsible for maintenance, repair, and replacement of all Distnct 44 assets B Liability Coverm3e Both partms shall name each other as addstional insured(s) on all liabffity ~nsurance polIcies w~th regard to any and all operation of its personnel performed under th~s Agreement. Each party shall prowde ewdence of insurance to the other in wr~bng when requested. A summary of current coverage hm~ts ~s attached Commercial General babll~b/insurance shall be written w~th I~m~ts no less than $5,000,000 per occurrence C~ty shall be named an additional ~nsured with respect to thts coverage Automobile Liabffity ~nsurance w~th a m~nlmum combined s~ngle hm~t for boddy injury and property damage of $5,000,000 per accident C No less than the amounts of coverage on Properly, L~abd~ty, Errors and Omissions and completed operations currently ~n place shall be maintained by the parties Errors and Omissions coverage be at least $1,000,000 In the event e~ther party increases coverage hm~ts, the ~ncreased amounts shall also become effective for the annexed area services prowded under this Agreement 6 Liability Parbes shall, at all t~mes, be solely responsible and liable for the acts or the =_ fadure to act of its personnel that occur or anse ~n any way out of the ~.n performance of this Agreement Parties agree to save and hold each other and ':~ ~ts personnel and officials harmless, and cover all costs, expenses, losses and ~ damages, including costs of defense, incurred as a result of any acts or ~ omissions of the other personnel relating to the performance of th~s Agreement, c-= except for injuries and damages caused by the sole negligence of the other '-" party ~"' 7 Term A Th~s Agreement shall be effective ~mmed~ately upon annexabon of the area by the C~ty of Auburn and shall continue untd either party shall g~ve to the other not less than 6 months wntten notice of term~natlon B. The parties acknowledge that the agreement ~s by ~ts nature, a temporary one It Is ~ntended to cover the penod of t~me that may exjst between the ~n~t~al Lea Hill Annexation and future annexations As additional annexations occur, the C~ty, at ~ts sole discretion, wdl determine when ~t w~shes to assume d~rect prows~on of all emergency services to the area The C~ty may also elect to assume these services, if, at any time, the C~ty Councd determines that the quahty of services being provided by D~str~ct 44, are not consistent with the needs of residents of the CIty of Auburn. Notice shall be as set forth ~n A above C. In the event that the agreement ~s to be terminated transfer of employees shall proceed ~n accordance wrth RCW 35 12 et seq. 8. Deferral of Asset Transfer - Waiver of RCW 35.02 Time Recluirements. The parties acknowledge the potential of future annexations by the C~ty of Auburn; that such annexations are consistent with C~ty and County plans, and that the decision to proceed w~th annexations ~s the City of Auburn's It ~s further acknowledged that such annexations will result in the eventual assumption of all f~re and emergency medical service responsibffit~es of the annexed areas to the City of Auburn Accordingly, the parties agree that ~n consideration of the City not exercising ~ts right to immediately claim assets of the D~stncts pursuant to RCW 35.02 190, RCW 35.02 200 and RCW 35,02.205, the time hm~tatlons set forth theretn to initiate the transfer of assets shall not beg~n untd such time as the CIty assumes respons~bfiity for prov~d~n9 Ftre and Emergency Medical Services to the Annexed Areas The amount or value of assets so transferred shall be based upon the assessed value of annexed serwce area assumed as ~t relates to the combined assessed value of the Distnct and that of the annexed area of the C~ty Served by D~stnct immediately prior to the assumption 9 Service to Areas of District ~ If D~stnct 44 ~s no longer able to prowde the present level of service to areas ,:::> adjacent to the City of Auburn as a result of annexations by the C~ty of Auburn ~0 and subsequent transfer of assets and expansion of the Clty's F~re and =:, Emergency Medical service area, the City agrees to assume fire and emergency ,.r, medical service responsibilities for those areas on the same bas~s which the =:' DIstrict agrees to serve the annexed areas of the City c_~ 10. Modification This instrument constitutes the entire agreement between the parties and supersedes all pnor agreements No mod~hcatlon or amendment shall be valid unless evidenced in wntlng, properly agreed to and s~gned by both parties In the event that e~ther of the parties shall desire to re-negotiate any of the provlsons of th~s Agreement, such party shall notify the other party in writing of its intent. Such request to re-negotiate shall not be considered a nohce of termination as provided for in paragraph 7 11. Severability If any prows~on of this Agreement or its application ~s he~d invalid, the remainder of the Agreement or the application of the remainder of the Agreement shall remain vahd and in full force and effect 12 Benefits This Agreement !s entered into for the benefrl of the parties to the Agreement only and shall confer no benefit d~rect or ~mphed, on any third persons 13. Default It ~s the ~ntent of the parties to th~s Agreement, to prevent default and maintain services provided by both Parties When e~ther party to th~s Agreement believes the other party ~s ~n default as regards any term or condition of the Agreement, nobce of the apparent default shall be prowded in wntlng to the defaulting party. The party notified shall, within 30 days, respond ~n wr~bng to the notice w~th (a) an explanation of why the condition referenced ~n the notice does not constitute default or (b) an explanation of corrective action taken to remedy the apparent default. Faslure to respond shall be deemed as refusal to correct the default WIthin 20 days of the written response, a meeting between the parbes shall be scheduled to dsscuss the ~ssue pnor to further action by the non- defaulting party Transfer of assets may be considered as a possible pad of the remedy, ~n the event of a breach of, or default concerning any terms or condition of th~s Agreement. 14. Mtk~ation In the event of I~t~gat~on concerning the terms of or performance under this Agreement, the prevaffing party, ~n addition to costs, shall be enbtled to reasonable attorney's fees as determined by the coud. 15 Periodic MeetinGs In recognition of the ongo~ng commitment and cooperabort required through th~s Agreement, and for the maintenance of a working ~_ relationship between the parl~es, It ~s agreed that periodic meetings will be held '-"' to resolve any ~ssues that may anse Meetings shall be called at the request of · .- e~ther party, as necessary, but not less than annually to d~scuss and reach '=' agreement on assessed valuation and population estimates and to evaluate '= statistical data regarding incidents ~n the contracted servlce area "" 16 AsslQnment Neither party may assign ~ts ~nterests under th~s Agreement w~thout the wntten consent of the other party ~ 17 Dispute Resolution 17 I Particil3ation. In the event that a d~spute arises between the parties as to the interpretation or apphcat~on of any term of th~s Agreement, or as to the vahd~ty of any claim made pursuant to th~s Agreement, and the parties are unable to resolve the d~spute through negotiation, the parties agree to mediate the dispute Any party may require that any d~spute be submitted to a neutral evaluation and mediation at any t~me upon g~vmg wntten notEce to the other parties 17 2 Selection of Mediator. If a party gives written notice to medEate pursuant to Sectnon 18 1, the parties may agree upon the selecbon of a neutral person to evaluate and mediate the dispute If, thirty (30) days after written nobce ~s g~ven, the appointment of a neutral person cannot be made for any reason, th~s matter shall be submitted to the AmerIcan Arbltratjon Assoc~atJon (AAA) w~th a request for a hst of seven names of neutral arbitrators Selection of the arbitrator shall be made using an alternating "str~ke" method, w~th the party ~n~t~abng the dispute resolution first AAA rules shall apply to mediation conducted under th~s section In the alternative, the parties may, by agreement, seek other means of resolution 17 3 Conflicts of Interest. Each party shall promptly disclose to all other parties ~n writing any known c~rcumstances that would cause lustffiable doubt as to the ~ndependence or ~mpart~al~ty of any ~nd~vldual under consideration or appointed as a neutral mediator If any such c~rcumstances exist, the md~vtdual shall not serve as neutral mediator unless all parties agree in writing 17 4 Com,oensatjon of Mediator. The neutral med~ator's method and rate of bdhngs shall be estabhshed at the t~me of appointment The fees and expenses of the neutral mediator shall be split equally between the parhes 17.5 Mediation Session. The mediation session ~s rotended to allow each party an opportunity to present ~ts best case and position to the other parties and the neutral mediator, and for the parties to receive opinIons and recommendations from the neutral mediator The neutral mediator shall facihtate commumcat~on between the parties, ~dent~fy issues and generate options for settlement The neutral mediator sharl also d~scuss with each party separately the neutral med~ator's opinion and evaluation of the strengths and weaknesses of that party's position. The terms of any settlement agreed to by the parties as c, a result of the mediation shall be attached as a written and s~gned addendum to ,=, thIs Agreement 17 6 Confidentlalitv. The dispute resolution process described hereen seeks ,.~ to reach compromise through negotiation. The parties agree to maintain ~n c-- confidence all offers, promises, conduct and statements, oral or written, made ~n ~ the course of the mediation by all of the parties, their agents, employees, r-_., experts, representatives or attorneys, or by the neutral mediator The parbee further agree that these commumcations shall be deemed negotiations in pursuit of settlement and compromise, and wdl not be admissible or d~scoverable In subsequent legal proceedings The neutral mediator shall be d~squat~fied as a trial or deposition wstness, consultant, or expert of e~ther party 17 7 Reservation of Ri~ihts. In the event that the parties are unable to resolve an Issue through the d~spute resolution process estabhshed harem, the paffies reserve any and all other r~ghts and remedses available to each of them regardsng such dsspute Dated KING COUNTY FIRE PROTECTION CITY OF AUBURN DISTRICT NO 44 by ~i~'Y'2Y by ~J2.~,~ 1:34. C~ " Charles A Booth Chair Mayor Approved As To Form M~chael J. Reynolds C~ty Attorney ,,r, K~nnon W Wdhams ~ Attorney for KCFPD 44 ~ L~J~.~'' '~,~.~ - ~,- _. SOUTHWEST LEA HILL PROPOSED ANNE~TION BOUNDARY AND S[ZE