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Return Address: 200
PACIFIC
Auburn City Clerk PAGE001
03/09/20
City of Auburn - KING COU
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25 West Main St.
Auburn, WA 98001
RECORDER'S C
Document Title(s) (or transactions contained
Interlocal Agreement (RES 3804) pt"V'J
Reference Number(s) of Documents assign
DAdditional reference #'s on page of document
Grantor(s)/Borrower(s) (Last name first, then
Auburn, City of
Grantee/Assignee/Beneficiary: (Last name fi
1. Kent, City of
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PER RCW 39.34
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RESOLUTION NO. 3 8 0 4
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
CONTRACT WITH THE CITY OF KENT FOR THE
CREATION AND OPERATION OF THE SOUTH
KING COUNTY FIRE INVESTIGATION TASK
FORCE
WHEREAS, the City of Auburn is engaged in various municipal functions,
including fire suppression services, which in turn, includes fire investigation; and
WHEREAS, in order to more effectively provide for such services, it is
appropriate that the City work with other agencies; and
WHEREAS, toward that end, the City has negotiated a contract with the
City of Kent to jointly fund and govern the South King County Fire Investigation
Task Force.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and the City Clerk are authorized to execute
an agreement in substantial conformity with the Agreement attached hereto,
marked as Exhibit "A" and incorporated herein by this reference.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Resolution 3804
December 28, 2004
Page 1
tl~~
PETER B. LEWIS
MAYOR
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
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Dated and Signed this c:"-/ day of (j tl~1-l( Clv~ ' 200"':> .
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CITY OF AUBURN
ATTEST:
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Resolution 3804
December 28, 2004
Page 2
EXHIBIT "A"
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN AND
KENT FOR THE CREATION AND OPERATION OF THE
SOUTH KING FIRE INVESTIGATION TASK
FORCE
I. PARTIES
The parties to this Interlocal Agreement (hereinafter "Agreement") are the cities of
Auburn and Kent, each of which is a municipal corporation operating under the laws of
the State of Washington.
II. AUTHORITY
This Agreement is entered into pursuant to Chapters 1 0.93, 39.34, and 53.08 of the
Revised Code of Washington.
III. PURPOSE
..
The parties will establish and maintain a jointly funded and governed team to effectively
provide fire investigative services within the jurisdictional boundaries of Auburn and
Kent Fire Departments, and their contract affiliates.
IV. FORMATION
There is hereby created a multi-jurisdictional team to be hereafter known as the Fire
Investigation Task Force (hereinafter "Task Force"), the members of which shall be the
cities of Auburn and Kent (hereinafter referred to as "party" or "parties"). As needs
arise, other agencies may become a member of the Task Force pursuant to Task Force
Executive Board approval and proper agency legislative action.
V. STATEMENT OF NEED
The parties have the desire to provide for effective fire investigations and related
services within their respective jurisdictional boundaries. By combining personnel, the
parties will realize financial savings in overtime and standby costs while being able to
increase staffing levels to the point that an investigator is on duty twenty-four (24) hours
per day, seven (7) days per week. The result will be improved services for the citizens
of each party with a reduction in costs.
VI. TASK FORCE OBJECTIVES
The Task Force will provide timely and accurate investigation services to determine the
origin, cause, and surrounding circumstances of fires. The Task Force will also attempt
FIRE INVESTIGATION
TASKFORCEINTERLOCALAGREEMENT
to reduce the occurrence of fires by identifying products or building failures that cause
accidental fires to occur and/or spread. The Task Force will attempt to reduce the
incidence of arson by properly investigating those responsible for fires and pursuing the
criminal process when appropriate. This Task Force work will be performed within the
jurisdictional boundaries of the Kent and Auburn Fire Departments and their affiliated
contract areas.
VII. RECOGNITION OF INTERLOCAL AGREEMENTS FOR FIRE INVESTIGATIONS
WITH THE_CITIES OF COVINGTON AND ALGONA
The parties recognize that Kent has entered an interlocal agreement with the city of
Covington for the purposes of having Kent investigators perform fire investigations for
the city of Covington. The parties recognize that the work called for in the agreement
between Kent and Covington is identical to the work called for in this Agreement.
Auburn agrees that by entering this Agreement, it is agreeing to perform the work called
for in this Agreement within the jurisdictional boundaries of the city of Covington as well
as the city of Kent.
The parties recognize that Auburn has entered an interlocal agreement with the city of
Algona for the purposes of having Auburn investigators perform fire investigations for
the city of Algona. The parties recognize that the work called for in the agreement
between Auburn and Algona is identical to the work called for in this Agreement. Kent
agrees that by entering this Agreement, it is agreeing to perform the work called for in
this Agreement within the jurisdictional boundaries of the city of Algona as well as the
city of Auburn.
VIII. DURATION AND TERMINATION
This Agreement shall become effective on the date this Agreement is ratified by the last
signing party. Unless terminated by either party pursuant to the terms of this
Agreement, this Agreement shall remain in full force and effect for three (3) years. This
Agreement may be extended by mutual written agreement of the parties subject to the
ratification of such extension by the legislative body of each city.
A party may withdraw its participation in the Task Force by providing written notice of its
withdrawal, and serving such notice upon each Executive Board member of the other
party. A notice of withdrawal shall become effective ninety (90) days after service of the
notice on the other party.
IX. GOVERNANCE
The affairs of the Task Force shall be governed by an Executive Board ("Board"),
whose members are composed of the fire chief, or his/her designee, from each party.
Each member of the Board shall have an equal vote and voice on all Board decisions
and all decisions shall be made by unanimous vote or agreement of the Board
members.
FIRE INVESTIGATION 2
TASK FORCE INTERLOCAL AGREEMENT
There shall be a minimum of four (4) Board meetings each year. One meeting shall be
held in March of each year to review the prior year's service. Another meeting shall be
held in August of each year to review the future operations of the Task Force. At least
two (2) other meetings shall beheld each year to review the activities and policies of
the Task Force. Extra Meetings may be called as deemed appropriate.
The Board shall approve written policies, regulations, and operational procedures for
the Task Force within ninety (90) calendar days of the execution of this Agreement.
The written policies, regulations, and operational procedures shall apply to all Task
Force operations.
X. PERSONNEL
Kent shall provide three (3) full time fire investigators, two (2) of which shall work a
twenty-four (24) hour modified-Detroit schedule and one of which will be the Task Force
Coordinator who works a day shift schedule.
Auburn shall provide one full time investigator who will work a twenty-four (24) hour
modified-Detroit schedule with the proper amount of Kelly-days to appropriately reflect
their bargained work schedule.
All investigators shall be commissioned (full or limited) by their respective police
departments to perform criminal investigations into the source and cause of fires within
their jurisdiction. The commissions shall also provide that the investigator shall be
commissioned to perform investigations in other jurisdictions pursuant to agreement of
the jurisdictions. All investigators shall have successfully completed the Washington
State Basic Law Enforcement Academy or equivalency training course. and shall
maintain all licenses and permits to enforce the criminal laws within the state of
Washington.
The personnel assigned to the Task Force shall be considered employees of the
contributing party. The contributing party shall be solely and exclusively responsible for
the compensation and benefits for the personnel it contributes to the Task Force. All
rights, duties, and obligations of the employer and the employee shall remain with the
contributing party. Each party shall be responsible for ensuring compliance with all
applicable laws with regard to employees and with provisions of any applicable
collective bargaining agreements and civil service rules and regulations.
XI. MANAGEMENT OF DAY-TO-DAY ACTIVITIES
The day to day operations of the Task Force shall be subject to the management of the
Task Force Coordinator who works a day shift schedule.
XII. EQUIPMENT, TRAINING, AND BUDGET
Each party shall provide the equipment of its participating Task Force members;
provided that Kent will provide the personnel provided by Auburn with a workstation and
FIRE INVESTIGATION 3
TASKFORCEINTERLOCALAGREEMENT
sleeping quarters. Each party shall provide sufficient funds to update, replace, repair,
and maintain the equipment and supplies utilized by its participating Task force
members as well as fund training, as mutually agreed upon by the Executive Board.
The equipment and supplies provided by each party to its personnel participating in the
Task Force shall remain that of the party, provided that the Board may approve joint
capital expenditures for Task Force equipment, which if purchased, shall be owned
jointly by the parties.
XIII. DISTRIBUTION OF ASSETS UPON TERMINATION
Termination shall be in accordance with those procedures set forth in Section VIII
hereof. Each participating jurisdiction shall retain sole ownership of equipment
purchased and provided to its participating Task Force members.
Any assets acquired with joint funds of the Task Force shall be equally divided among
the parties at the asset's fair market value upon termination. The value of the assets of
the Task Force shall be determined by using commonly accepted methods of valuation.
If both parties desire an asset, the final decision shall be made by arbitration (described
below). Any property not claimed shall be declared surplus by the Board and disposed
of pursuant to state law for the disposition of surplus property. The proceeds from the
sale or disposition of any Task Force property shall be equally distributed to the parties.
Arbitration pursuant to this section shall occur as follows:
A. The parties interested in an asset shall select one (1) person (Arbitrator)
to determine which agency will receive the property. The Arbitrator may
be any person not employed by the parties.
B. During a meeting with the Arbitrator, each party interested in the property
shall be permitted to make an oral and/or written presentation to the
Arbitrator in support of its position.
C. At the conclusion of the presentation, the Arbitrator shall determine which
jurisdiction is to receive the property. The decision of the Arbitrator shall
be final and shall not be the subject of appeal or review.
XIV. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION
Auburn agrees to defend, indemnify, and hold harmless Kent and each of its
employees, officials, agents, and volunteers from any and all losses, claims, liabilities,
lawsuits, or legal judgments arising out of any negligent or tortious actions or inactions
by Auburn or any of its employees, officials, agents, or volunteers, while acting within
the scope of the duties required by this Agreement. All costs, including but not limited
to attorneys fees, court fees, mediation fees, arbitration fees, settlements, awards of
compensation, awards of damages of every kind, etc., shall be paid by Auburn or its
insurer. This provision shall survive the expiration of this Agreement. This provision
FIRE INVESTIGATION 4
TASKFORCEINTERLOCALAGREEMENT
shall also survive and remain in effect in the event that a court or other entity with
jurisdiction determines that this interlocal Agreement is not enforceable.
Kent agrees to defend, indemnify, and hold harmless Auburn and eacjl of its
employees, officials, agents, and volunteers from any and all losses, claims, liabilities,
lawsuits, or legal judgments arising out of any negligent or tortious actions or inactions
by Kent or any of its employees, officials, agents, or volunteers, while acting within the
scope of the duties required by this Agreement. All costs, including but not limited to
attorneys fees, court fees, mediation fees, arbitration fees, settlements, awards of
compensation, awards of damages of every kind, etc., shall be paid by Kent or its
insurer. This provision shall survive the expiration of this Agreement. This provision
shall also survive and remain in effect in the event that a court or other entity with
jurisdiction determines that this interlocal Agreement is not enforceable.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICA liON PROVIDED HEREIN CONSTITUTES EACH PARTY'S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY TO
CARRY OUT THE PURPOSES OF THIS INDEMNIFICATION CLAUSE. THE
PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
XV. NOTICE OF CLAIMS OR LAWSUITS
In the event a claim is filed or lawsuit is brought against a party or its employees for
actions arising out of their conduct in support of Task Force operations, that party shall
promptly notify the other party that the claim or lawsuit has been initiated. Any
documentation, including the claim or legal complaints, shall promptly be provided to
each party.
XVI. INSURANCE
Each party shall carry and maintain, for the duration of this Agreement, general liability,
property damage, and errors and omissions insurance coverage with an admitted
carrier for the state of Washington with the following minimums:
General Liabilitv:
Property Damaqe:
Errors and Omissions:
$1 million per occurrence; and
$1 million per occurrence; and
$1 million per occurrence.
The insurance policies of each party shall name the other party and its
officials, officers, employees, and volunteers, who are acting within the scope of this
Agreement, as additional named insureds for any and all actions taken by or against
each party, its officials, officers, employees, and volunteers. The insurance policy or
policies shall have a thirty (30) days prior notice of cancellation clause to be given to the
other party, in writing, in the event of termination or material modification of the
FIRE INVESTIGATION 5
TASKFORCEINTERLOCALAGREEMENT
insurance coverage. The insurance shall be "occurrence based II rather than "claims
made."ln the alternative, each party may satisfy the requirements of this section by
becoming or remaining a participant in an authorized self-insurance pool in the state of
Washington with protection equal to or greater than that specified herein.
XVII. RECORDS
Each party shall maintain records related to the Task Force and its participating
personnel for a minimum of seven (7) years. All records shall be available for full
inspection and copying by each party.
XVIII. FILING
Upon execution hereof, this Agreement shall be filed with the city clerks of the parties,
the Director of Records and Elections of King County, the secretary of state, and such
other governmental agencies as may be required by law.
XIX. MISCELLANEOUS
Non-Waiver of Breach. The failure of either party to insist upon strict
performance of any of the covenants and agreements contained in this
Agreement, or to exercise any option conferred by this Agreement in one or
more instances shall not be construed to be a waiver or relinquishment of
those covenants, agreements or options, and the same shall be and remain
in full force and effect.
Resolution of Disputes and Governing Law. This Agreement shall be
governed by and construed in accordance with the laws of the State of
Washington. If the parties are unable to settle any dispute, difference or
claim arising from the parties' performance of this Agreement, the exclusive
means of resolving that dispute, difference or claim, shall only be by filing suit
exclusively under the venue, rules and jurisdiction of the King County
Superior Court, King County, Washington, unless the parties agree in writing
to an alternative dispute resolution process. In any claim or lawsuit for
damages arising from the parties' performance of this Agreement, each party
shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be
construed to limit the parties' right to indemnification under this Agreement.
Assignment. Any assignment of this Agreement by either party without the
written consent of the non-assigning party shall be void. If the non-assigning
party gives its consent to any assignment, the terms of this Agreement shall
continue in full force and effect and no further assignment shall be made
without additional written consent.
FIRE INVESTIGATION 6
TASKFORCEINTERLOCALAGREEMENT
Modification. This Agreement may be modified, amended, or altered
by agreement of the parties and such alteration, amendment, or
modification shall be effective when reduced to writing and executed in
a manner consistent with paragraph XX of this Agreement.
Compliance with Laws. The Task Force and all its members shall
comply with all federal, state, and local laws that apply to the Task
Force.
Entire Agreement. The written terms and provisions of this Agreement,
together with any exhibits attached hereto, shall supersede all prior verbal
statements of any officer or other representative of each party, and such
statements shall not be effective or be construed as entering into or forming a
part of or altering in any manner this Agreement. All of the exhibits are
hereby made part of this Agreement. Should any of the language of any
exhibits to this Agreement conflict with any language contained in this
Agreement, the language of this document shall prevail.
Severability. If any section of this Agreement is adjudicated to be invalid,
such action shall not affect the validity of any section not so adjudicated.
Interpretation. The legal presumption that an ambiguous term of this
Agreement should be interpreted against the party who prepared the
Agreement shall not apply.
XX. MUNICIPAL AUTHORIZATIONS
This Agreement shall be executed on behalf of each party by its duly authorized
representative and pursuant to an appropriate resolution or ordinance of the governing
body of each party. This Agreement shall be deemed effective upon the last date of
execution by the last signing authorized representative. This Agreement may be
executed by counterparts and be valid as if each authorized representative had signed
the original document.
By signing below, the signor certifies that he or she has the authority to sign this
Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms
of this A ement.
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of Auburn Date
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City Clerk, City of Auburn Date
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