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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. ..?."~. H U,,e~.i?% .. v,z..',.~ -rd.-/,. ~ ,, ~^". '20-0 .'"r^ 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