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