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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
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P ER B. LEWIS
MAYOR
ATTEST:
1ltl1J:N [&~
Danielle E. Daskam,
City Clerk
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Resolution 3956
December 12, 2005
Page 2
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Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
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20060213000367
PACIFIC NU TIT INTERLOCA 41.00
PAGE"1 OF 010
02/13/200S 09:40
KING COUNTY, UA ___ _______________________
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RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Interlocal Agreement (Resolution No. 3956)
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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
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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
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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
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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.
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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,
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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.
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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'
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By May~rJ -
By
Chairman of the Board
By
Secretary
By
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Cit Glerk
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By
Title
Title
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