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HomeMy WebLinkAbout3956 RESOLUTION NO. 3 9 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MUTUAL ASSISTANCE AND INTERLOCAL AGREEMENT WITH KING COUNTY MUNICIPAL CORPORATIONS WHEREAS, the City of Auburn is engaged in various municipal functions, including fire prevention, emergency medical services and other emergency support; and WHEREAS, in order to provide for such services, it is appropriate that the City enter into agreements with other agencies; and WHEREAS, in order to provide for those services, the City has negotiated an agreement with King County municipal corporations including without limitation, cities, towns fire protection districts, the Port of Seattle, King County governmental divisions and other special districts which may have or develop an interest in the control of fire, fire prevention, emergency medical services and/or other emergency support to assist with such services at a cost that is acceptable to the City. 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 Interlocal Agreement in substantial conformity with the agreement attached hereto, marked as Exhibit "An. Resolution 3956 December 12, 2005 Page 1 Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this \ q\l"day of December, 2005. F AUBURN -~:~ P ER B. LEWIS MAYOR ATTEST: 1ltl1J:N [&~ Danielle E. Daskam, City Clerk '---- Resolution 3956 December 12, 2005 Page 2 , , It .,. Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 IIIlll1lllllllllll1 20060213000367 PACIFIC NU TIT INTERLOCA 41.00 PAGE"1 OF 010 02/13/200S 09:40 KING COUNTY, UA ___ _______________________ ------ -- -- - - - - RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Interlocal Agreement (Resolution No. 3956) r: -, -;..--.,,~~ \..., \ \\ '-N \ ,. ,.>J ) ;,....-">C ,- '..7-, l,~( ~, Reference Number(s) of Documents assigned or released: DAdditional 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. King County Municipal Corporations Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) PER RCW 39.34 D Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number N/A o Assessor Tax # not yet assigned Said document(s) W8f8 fiI9d fOr record by Pacific Northwest Title 1.8 aocommodation only. It has not beeI"' examined as to proper e)(~r,tl'!ior> ,- as to its !'If/,.,.,,' , Exh., bit "A" KING COUNTY, WASHINGTON MUTUAL ASSISTANCE AND INTERLOCAL AGREEMENT THIS MUTUAL ASSISTANCE AGREEMENT is effective this ~ day of January, 2006, by and between the following King County municipal corporations including without limitation: cities, towns, fire protection districts, the Port of Seattle, King County governmental divisions and other special districts, which may have or develop an interest in the control of fire, fire prevention, emergency medical services, and/or other emergency support. In addition to the stated purpose above, there is also hereby created by and between the signatory parties hereto an Interlocal Agreement pursuant to the provisions of Chapter 39.34 RC.W. The purpose of this section is to allow the parties hereto to share in the purchasing power of each other provided such purchasing is otherwise authorized by law. There is not hereby created any separate legal or administrative entity as might be provided by referenced Chapter 39.34 RC.W. There is created hereby a Secretary Administrator, hereinafter referred to as the Administrator, as required by RC.W. 39.34.030 subdivision (4), (a) who shall be empowered to act on behalf of the parties hereto as specified in Section 9 of this agreement. There shall be no joint or cooperative acquiring, holding and disposing of real or personal property as allowed in RC.W. 39.34.030 subdivision (4), (b). This agreement is entered into pursuant to the authority of Chapter 39.34 RCW, the Interlocal Cooperation Act, together with the authority ofRCW 35.84,040 (use of fire Interlocals/King County MAA 2006 JFQ/October 3,2005 apparatus beyond city limits), RCW 52.12.031 (joint operations) and RCW 52.12.111 (use of equipment and personnel outside district-governmental function). RECITALS 1. Each of the parties owns and maintains equipment and apparatus for the suppression of fires and for the supplying of emergency medical services (EMS) and responses to other situations/events which are hazardous to the public. Each of the parties also retains firefighting personnel who are trained to provide various levels of emergency medical services and responses to other hazardous conditions. 2. In the event of a major fire, disaster or other emergency, each ofthe parties may need the assistance of another party to this agreement, to provide supplemental fire suppression and EMS equipment and personnel. 3. Each of the parties may have the necessary equipment and personnel to enable it to provide such service to another party in the event of such an emergency. 4. The geographical boundaries of each party are located in such a manner as to enable each party to render mutual aid to other parties. NOW, THEREFORE, in consideration of the terms, conditions, mutual covenants and performance, contained herein, the parties hereto mutually agree as follows: 1. Request for Assistance. The commanding officer of the fire department or the officer in charge of a fire unit or an EMS unit at the scene of an emergency within the boundaries of their jurisdiction is authorized to request assistance from any party to this agreement, if confronted with an emergency situation at which the requesting party Interlocals/King County MAA 2006 JFQ/October 3, 2005 2 has need for equipment or personnel in excess of that available at the requesting party's fire department. 2. Response to Request. Upon receipt of such request, the commanding officer of the party receiving the request shall immediately take the following action: a. Determine if the responding party has equipment and/or personnel available to respond to the requesting party and determine the type of equipment and number of personnel available. b. Determine what available equipment and what available personnel should be dispatched in accordance with the plans and procedures established by the parties. c. Dispatch such equipment and personnel to the scene of the emergency with proper operating instructions. d. In the event the needed equipment and/or personnel are not available, immediately advise the requesting party of such fact. 3. Command Responsibility. Command responsibility at the scene rests with the requesting party. The incident commander shall be in command of the operations under which the equipment and personnel sent by the responding party shall serve; provided that the responding equipment and personnel shall be under the immediate supervision of the officer in charge of the responding apparatus. 4. Liability. The parties agree that the department assuming command control at the scene shall assume liability for, defend, indemnify and hold all other parties harmless from all liabilities or claims which arise out of command decisions or judgments, Subject to the above, each party hereto agrees to assume responsibility for Interlocals/King County MAA 2006 JFQ/October 3, 2005 3 liabilities arising out ofthe actions of its own personnel and to defend, indemnify and hold the other parties hereto harmless therefrom, as to each party's (or their agents or employees) own actions relating to performance under this agreement. 5, Compensation. Each party agrees that it will not seek compensation for services rendered under this agreement from any party requesting assistance, provided that agencies requesting assistance shall provide motor fuel, lubricating oil, welfare items for firefighters, and other consumables to the extent of supplies available. All involved personnel shall exercise due diligence to salvage lost or damaged equipment, ensuring that it is returned to its rightful owner. 6. Insurance. Each party agrees to maintain adequate automobile and commercial general liability insurance coverage for its own equipment and personnel, covering their operations, Limits of each coverage should be no less than $1 million combined single limit. 7. Pre-emen!:ency Planninf!. The Fire Chiefs or command officers of the parties may, from time to time, mutually establish pre-emergency plans which shall indicate: the types of and locations of potential problem areas where emergency assistance may be needed and/or the type of equipment and/or number of personnel that should be dispatched under various possible circumstances. The plans shall take into consideration and insure proper protection by the responding party of its own geographical area, Under this section, the parties may establish automatic aid arrangements, with pre-determined "run cards" or other means of computer-aided dispatch in designated, agreed areas. Interlocals/King County MAA 2006 JFQ/October 3, 2005 4 8. Shared Purchasine. Each party hereto may while preparing requests for price quotations or calling for sealed bids in accordance with law include stipulations requiring the eventual supplier or successful bidder to supply additional quantities oflike material or goods or furnish additional like services to any other parties to this agreement as allowed by RC.W. 39.34. 9. Document Control-Execution of Counterparts. The parties agree that there shall be duplicate copies of this agreement produced and distributed for signature by the necessary officials to bind each party. Upon execution, the executed duplicate original hereof shall be returned to the office of the King County Fire Chiefs Association, which party shall act as Administrator hereunder for the sole purpose of maintaining this document in one place and available to all parties. The executed duplicate originals will be stamped on receipt by the Administrator to show the date of receipt. This agreement shall become binding as to each party hereto as of the date of filing with the Administrator as described above, Upon receipt by the Administrator of the executed duplicate originals, each such duplicate original shall form and become a part of one instrument, binding on all parties. 10. Duration. The duration or term of this agreement shall be for one year, commencing upon the date of execution of the second party to execute this agreement. Provided, that the agreement shall be automatically renewed annually for one year thereafter, as to any party that has not terminated their participation in the agreement pursuant to the provisions herein as to termination. The agreement may be reviewed annually by any or all of the parties to assess the need for changes or decide upon termination, Interlocals/King County MAA 2006 JFQ/October 3, 2005 5 11. Termination. Participation in this agreement may be terminated by any party, by providing notice to all the other parties in writing at least 60 days prior to the termination date chosen by such party. Such termination shall not affect the continuation of the agreement as between the remaining parties, nor shall such termination preclude future agreements for mutual aid involve the terminating party. 12. Modification. This agreement may only be modified by mutual agreement of all parties hereto, executed in the same manner as this agreement. 13. No Third Party Beneficiarv. Nothing in this agreement shall be interpreted to create any rights in favor of any third party, who is not a party to this agreement. 14. Filine:. As provided by RCW 39.34,040, this agreement should be filed with the clerks of the participating Cities, the Secretary of the Districts, and the County Auditor. 15. Ae:reement Not Exclusive. This agreement is not intended to be exclusive as between the several parties hereto. Any of the parties hereto may, as they deem necessary or expedient, enter into separate mutual assistance agreement with any other party or parties. Entry into such separate agreements shall not, unless specifically stated therein, affect any relationship or covenant herein contained; provided, that no such separate agreement shall terminate any responsibility herein undertaken unless notice shall be given pursuant to Section 10 of this agreement. InterlocalslKing County MAA 2006 JFQ/October 3, 2005 6 IN WITNESS WHEREOF, the parties hereto have set their corporate names by their duly authorized officers, or members of their governing bodies, the day and year written below. KING COUNTY FIRE PROTECTION DISTRICT NO, and/or CITY OF I; !f j;; //): 'Iv' WA~~ON/r~ ,,~<~ \- ~y(- --. ~ J<~)..... =-::::.::::--'" By May~rJ - By Chairman of the Board By Secretary By ", (, .f " , J1 , \ \, --/ ' , / - " I atL~(' }.".#',,: P,j' Cit Glerk ~ By Title Title Interlocals/King County MAA 2006 JFQ/October 3, 2005 7