HomeMy WebLinkAbout3646RESOLUTION NO. 3646
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN INTERLOCAL AGREEMENT FOR FIRE PROTECTION
BETWEEN THE CITY OF AUBURN AND THE CITY OF ALGONA
WHEREAS, the Cities of Auburn and Algona are engaged in various municipal
functions, including Fire Protection; and
WHEREAS, said cities have concurred that in order to most effectively provide
such services, it is appropriate that the Cities of Auburn and Algona enter into a contract
whereby Fire Protection services to areas of Algona are provided by the City of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
1. The Mayor and City Clerk are herewith authorized to execute a Fire Protection
Agreement between the City of Auburn and the City of Algona wherein the City of
Auburn shall furnish fire protection services to the area of the City of Algona, which
Agreement shall be in substantial conformity to the Agreement attached hereto,
denominated as Exhibit "A" and made a part hereof. This approval ratifies the
understanding between the parties effective as of January 1, 2003.
2. That the Mayor is authorized to implement such administrative procedures as
may be necessary to carry out the directives of this legislation.
signatures hereon.
That this Resolution shall take effect and be in full force upon passage and
Dated and Signed this ~ '~fday of ~,~./~¢ 200..~ .
ATTEST:
Dai'~ielle E. Daskam, City Clerk
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
201Z140409002331
KZNG COUNTY,
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Interlocal Agreement (RES 3646)
Reference Number(s) of Documents assigned or released:
r-lAdditional reference #'s on page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
Auburn, City of
Grantee/Assignee/Beneficiary: (Last name first)
1. Algona, City of
Description (abbreviated: i.e. lot, block, plat or section, township, range)
IPER RCW 39.34
[] Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number
N/A
[] Assessor Tax # not yet assigned
INTERLOCAL AGREEMENT
BETWEEN THE CITIES OF AUBURN AND ALGONA
FOR FIRE PROTECTION SERVICES
THIS INTERLOCAL AGREEMENT made and entered into, pursuant to the
Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, effective
the 1st day of January 2003, by and between the CITY OF AUBURN, a municipal
corporation of the State of Washington (hereinafter referred to as the "Auburn"), and the
CITY OF ALGONA, a municipal corporation of the State of Washington, (hereinafter
referred to as "Algona"),
WITNESSETH:
WHEREAS, Auburn and AIgona have over the past ten plus years entered into
contracts for fire protection services; and
WHEREAS, because of the lapse of time since the last such contract was
written, and because of the changing circumstances of the parties hereto, the parties
have agreed to cancel the old contract and enter into this new contract.
WHEREAS, Algona has no fire fighting equipment of any kind, and
WHEREAS, AIgona and the citizens therein, have for some years completely
relied on Auburn for fire protections, and have no funds by which to purchase the
equipment which would be necessary, have no fire station, and have not had the tax
base to provide for fire equipment and the necessary station to house the same, and
WHEREAS, Auburn is willing to continue to provide fire protection to Algona, and
AIgona desires to have Auburn continue to deliver said services,
NOW, THEREFORE, in consideration of the mutual promises herein it is hereby
mutually agreed as follows:
1. FIRE PROTECTION SERVICES
Auburn shall furnish the fire protection services to the areas and citizens
contained in Algona. Such services shall be equal to the services provided to the
citizens of Auburn, and shall be in accordance state law, and with the provisions of the
Auburn City Code, including Chapter 15.38 of the Auburn City Code, as the same may
from time to time be amended.
2. PAYMENT BY ALGONA
Algona shall pay Auburn an amount per call to be determined by dividing the total
number of responses of the Auburn Fire Department during the previous calendar year
into Auburn Fire Department's operating budget for the current year. This rate per call
Resolution 3646, Exhibit "A"
October 6, 2003
Page 1
will be applied to the number of responses to Algona for the current year to determine a
total cost for fire protection services to AIgona, and shall be calculated as follows:
The total amount of the Auburn Fire Department operating budget for the current
year divided by the total number of responses during the prior year (the current
year per-call rate).
As an example, if the Auburn Fire Department responded to a total of 7,400 calls
during 2002 and its current operating budget was $8,300,000, the individual call
for service would be $1,120 (the per-call rate). If the Fire Department responded
into the City of Algona 200 times during the prior year, then the per-call rate of
$1,120 would be multiplied by 200 (the number of Algona calls) for a total of
$224,000. This would reflect the total cost of fire protection services during the
calendar year for the City of Algona.
The payments by Algona shall be due on June 30 and December 31 during the term of
this Agreement.
BASIC LIFE SUPPORT LEVY CREDIT
Algona hereby assigns to Auburn, during the term of this agreement and during
the term of any extensions hereof, Algona's share of the King County Basic Life
Support Levy (BLS) proceeds. Algona further authorizes and empowers Auburn
to take such steps as are necessary and/or appropriate to ensure that Algona's
share of said proceeds are paid to and received by Auburn. Upon receipt
thereof, Auburn shall credit against the amount to be paid to Auburn by Algona
pursuant to Section 2 hereof fifty percent (50%) of the amount Auburn received
as Algona's share of the BLS proceeds against Algona's payment due in June,
and shall further credit against said amount fifty percent (50%) of the amount
Auburn received as Algona's share of the BLS proceeds against Algona's
payment due in December. Algona's share of the BLS proceeds, and thus the
amount to be credited will be determined by the King County Emergency Medical
Services Division of the King County Public Health Department.
within
AUTHORITY TO RECOVER COSTS OF FIRE SERVICES
Auburn shall have the same authority to recover any costs of its fire services
Algona as it has within Auburn.
5. AUTOMATIC EXTENSION
This Agreement shall be extended automatically from year to year until either
parties gives written notice to the other party at least one year prior to cancellation of
said Agreement.
6. INSURANCE
The parties shall each be responsible for maintaining, during the term of this
Agreement and at their sole cost and expense, the types of insurance coverages and in
the amounts described below. They shall furnish evidence, satisfactory to the other
Resolution 3646, Exhibit "A"
October 6, 2003
Page 2
party, of all such policies. During the term hereof, each party shall secure and maintain
in full force and effect the following insurance policies/coverage:
A. Comprehensive public liability insurance, including automobile and
property damage, insuring the party against loss or liability for damages for personal
injury, death or property damage arising out of or in connection with the performance by
the party of its obligations hereunder, with minimum liability limits of $2,000,000.00
combined single limit for personal injury, death or property damage in any one
occu rrenoe.
B. Such workmen's compensation and other similar insurance as may be
required by law.
7. INDEMNIFICATION
A. Algona shall indemnify and hold Auburn and its agents, employees, and/or
officers, harmless from and shall process and defend at its own expense any and all
claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of
whatsoever kind or nature, brought against Auburn arising out of, in connection with, or
incident to the execution of this Agreement and/or Algona's performance or failure to
perform any aspect of this Agreement; provided, however, that if such claims are caused
by or result from the concurrent negligence of Auburn, its agents, employees, and/or
officers, this indemnity provision shall be valid and enforceable only to the extent of the
negligence of Algona; and provided further, that nothing herein shall require Algona to hold
harmless or defend Auburn, its agents, employees and/or officers from any claims arising
from the sole negligence of Auburn, its agents, employees, and/or officers. No liability
shall attach to Auburn by reason of entering into this Agreement except as expressly
provided herein.
B. Auburn shall indemnify and hold Algona and its agents, employees, and/or
officers, harmless from and shall process and defend at its own expense any and all
claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of
whatsoever kind or nature, brought against Algona arising out of, in connection with, or
incident to the execution of this Agreement and/or Auburn's performance or failure to
perform any aspect of this Agreement; provided, however, that if such claims are caused
by or result from the concurrent negligence of Algona, its agents, employees, and/or
officers, this indemnity provision shall be valid and enforceable only to the extent of the
negligence of Auburn; and provided further, that nothing herein shall require Auburn to
hold harmless or defend Algona, its agents, employees and/or officers from any claims
arising from the sole negligence of Algona, its agents, employees, and/or officers. No
liability shall attach to Algona by reason of entering into this Agreement except as
expressly provided herein.
8. WAIVER OF SUBROGATION
Algona and Auburn hereby mutually release each other from liability and waive all
right of recovery against each other for any loss caused by fire or other perils which can be
insured against under fire insurance contracts including any extended coverage
endorsements thereto which are customarily available from time to time in the State of
Resolution 3646, Exhibit "A"
October 6, 2003
Page 3
Washington, provided, that this paragraph shall be inapplicable to the extent that it would
have the effect of invalidating any insurance coverage of Algona or Auburn.
9. COMPLIANCE WITH REGULATIONS AND LAWS
The parties shall comply with all applicable rules and regulations pertaining to them
in connection with the matters covered herein.
10. ASSIGNMENT
(a) The parties shall not assign this Agreement or any interest, obligation or duty therein
without the express written consent of the other party.
11. ATTORNEYS' FEES
If either party shall be required to bring any action to enforce any provision of this
Agreement, or shall be required to defend any action brought by the other party with
respect to this Agreement, and in the further event that one party shall substantially prevail
in such action, the losing party shall, in addition to all other payments required therein, pay
all of the prevailing party's reasonable costs in connection with such action, including such
sums as the court or courts may adjudge reasonable as attorney's fees in the trial court
and in any appellate courts.
12. NOTICES
All notices and payments hereunder may be delivered or mailed. If mailed, they
shall be sent to the following respective addresses:
To Algona
Algona City Hall
402 Warde Street
Algona, WA 98001-8505
Attn: Mayor or designee
Phone :(253) 833-2897; FAX: (253) 939-3366
To Auburn:
City of Auburn
25 West Main
Auburn, WA 98001-4998
Attn: Fire Chief
Phone:(253) 931-3000; FAX (253) 931-3053
or to such other respective addresses as either party hereto may hereafter from time to
time designate in writing. All notices and payments mailed by regular post (including first
class) shall be deemed to have been given on the second business day following the date
of mailing, if properly mailed and addressed. Notices and payments sent by certified or
registered mail shall be deemed to have been given on the day next following the date of
Resolution 3646, Exhibit "A"
October 6, 2003
Page 4
mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the
United States Postal Service shall be conclusive evidence of the date of mailing.
13. NONDISCRIMINATION
Each of the parties, for itself, its heirs, personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does hereby covenant and
agree that it will comply with pertinent statutes, Executive Orders and such rules as are
promulgated to assure that no person shall, on the grounds of race, creed, color, national
origin, sex, age, or the presence of any sensory, mental or physical handicap be
discriminated against or receive discriminatory treatment by reason thereof.
14. MISCELLANEOUS
A. All of the covenants, conditions and agreements in this Agreement shall
extend to and bind the legal successors and assigns of the parties hereto.
B. This Agreement shall be deemed to be made and construed in accordance
with the laws of the State of Washington jurisdiction and venue for any action arising out of
this Agreement shall be in of the county in Washington State in which the property or
project is located, and if not site specific, then in King County, Washington.
C. The captions in this Agreement are for convenience only and do not in any
way limit or amplify the provisions of this Agreement.
D. Unless otherwise specifically provided herein, no separate legal entity is
created hereby, as each of the parties is contracting in its capacity as a municipal
corporation of the State of Washington. The identity of the parties hereto is as set forth
hereinabove.
E. The funding of the respective obligations of the parties shall be out of the
respective general funds/current expenses of the parties, except as otherwise specifically
provided.
F. The performances of the duties of the parties provided hereby shall be done
in accordance with standard operating procedures and customary practices of the parties.
G. Unless a joint oversight and administration board is created as provided
herein, the oversight and administration of the Agreement shall be by the respective
named representatives identified in Paragraph 12 hereof, or their designees.
H. Unless otherwise specifically provided herein, any real property to be held in
connection herewith, if applicable, shall be held as the separate property of the party or
parties in whose name(s) the property is/was acquired.
I. No provision of this Agreement shall relieve either party of its public agency
obligations and or responsibilities imposed by law.
J. If any term or provision of this Agreement or the application thereof to any
person or circumstance shall, to any extent, be held to be invalid or unenforceable by a
final decision of any court having jurisdiction on the matter, the remainder of this
Agreement or the application of such term or provision to persons or circumstances other
than those as to which it is held invalid or unenforceable shall not be affected thereby and
shall continue in full force and effect, unless such court determines that such invalidity or
unenforceability materially interferes with or defeats the purposes hereof, at which time
Auburn shall have the right to terminate the Agreement.
Resolution 3646, Exhibit "A"
October 6, 2003
Page 5
K. This Agreement constitutes the entire agreement between the parties. There
are no terms, obligations, covenants or conditions other than those contained herein. No
modifications or amendments of this Agreement shall be valid or effective unless
evidenced by an agreement in writing signed by both parties. That any and/or all
previous fire protection contracts, by and between the parties hereto, are hereby
canceled.
L. Copies of this Agreement shall be filed with the Auditor's/Recorder's Office
of King County; the Secretary of State of the State of Washington; and the respective
Clerks of the parties hereto.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the
day of ,2003, to be effective as of the 1st day of January
2003.
Peter B. Lewis, Mayor
Attest:
Da~ielle E. Daskam, City Clerk
CITY OF ALGONA
lenn Wilson, Mayor
A~roved as tc~orm:
· v. ~___George kel{ley, CityAtto Y I
Resolution 3646, Exhibit "A"
October 6, 2003
Page 6
STATE OF WASHINGTON )
) SS.
COUNTY OF KING )
ON THIS ~J,k day of ..e; i~.~,~.__~ ,200 7, before me,
personally appeared Peter B. Lewis and Danielle E. Daskam, to me known to be the
Mayor and City Clerk, respectively, of the City of Auburn, a municipal corporation, the
corporation that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that they were authorized to execute said
instrument.
WITNESS my hand and off.~e~ffff,, k~ereto the day and year in this certificate first above
.--,-Ix.
written. ~,.x"~.. :~'~i~ '~-
5 "- ~J~LiO '" ; NOTARY I~JBLIC in~and--for thre State of
",~'~"-. '-0-0~ ..'"~ Washington, residing
"~,'~6,~'~,¢~'x_-:''~ My Commission Expires:' [ I q
STATE OF WASHINGTON )
) SS.
COUNW OF KING )
ON l,IS~A~dag of 0¢J (~)~/? ,200~, before me, personally
appoamd Glonn Wilson and Daniollo M~ Stafford, to me known to be the Mayor and
Glerk, mspoctivoly, of tho City of AI0ona, a municipal corporation, a municipal corporation,
tho corporation that oxecutod the within and fom~oin~ instrument, and acknowlod~od said
instrumont to be the free and volunta~ act and deod of said corporation, for tho uses and
pu~osos thorein mentionod, and on oath statod that thoy worn authorized to executo said
instrumont, and tho seat of said municipal corporation is affixed hereon.
WITNESS my hand and official seal hereto the day and year in this certificate first above
written.
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NOTARY PUI~LI~ i'n and"{or the ~tate of
~ashington, residing at ~)i~.~
My Commission Expires:' ?-)-~.
Resolution 3646, Exhibit "A"
October 6, 2003
Page 7