HomeMy WebLinkAbout2717 '1
1 RESOLUTION NO. 2 7 1 7
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY
OF AUBURN, TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY
4 AND THE CITY OF PACIFIC FOR ACTING CHIEF OF POLICE SERVICES.
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THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
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REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS
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Section 1. The Mayor and City Clerk of the City of
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Auburn, Washington, are hereby authorized to execute an
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Interlocal Agreement between the City and the City of Pacific
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for Acting Chief of Police services A copy of the Agreement
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is attached hereto, designated as Exhibit "A" and incorporated
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by reference in this Resolution.
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Section 2. The Mayor is hereby authorized to implement
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such administrative procedures as may be necessary to carry
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out the directives of this legislation
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DATED and SIGNED this 5th day of February, 1995.
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CITY OF AUBURN
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23 \'lQ$LL 't�l ct
CHARLES A BOOTH
24 MAYOR
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Resolution No. 2717
Februmy 1, 1996
Page 1
1 ATTEST:
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3 46(14ciatikatu Etc
4 Robin Wohlhueter,
City Clerk
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8 APPROVED AS TO FORM:
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10 A k.am,
11 Michael J. Reynolds,
City Attorney
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Resolution No. 2717
February I, 1996
Page 2
ORIGINAL
INTERLOCAL AGREEMENT BETWEEN
CITY OF AUBURN AND CITY OF PACIFIC
FOR
ACTING CHIEF OF POLICE SERVICES
THIS AGREEMENT made and entered into this 26th day
of February, 1996, by and between the CITY OF AUBURN, a
municipal corporation organized under the Optional Municipal
Code, 35A RCW, hereinafter referred to as "AUBURN" and the
CITY OF PACIFIC, a municipal corporation acting under the
Optional Municipal Code, 35A RCW, hereinafter referred to as
"PACIFIC"
WHEREAS, AUBURN and PACIFIC are neighboring
jurisdictions and located in King County, Washington; and
WHEREAS, PACIFIC is in need of an acting chief of
police temporarily; and
WHEREAS, AUBURN desires to aid PACIFIC on a temporary
basis; and
WHEREAS, the entry into this Agreement is for the
benefit of the public health, safety and welfare of PACIFIC
which in turn benefits the public health, safety and welfare
of AUBURN.
NOW THEREFORE, based upon the mutual covenants to be
derived, the parties agree as follows
Interlocal Agreement-City of Pacific
February 13 1996 {ia-pac)
Page 1
1 . ACTING CHIEF OF POLICE
AUBURN shall provide to PACIFIC CAPTAIN WILLIAM
PITZL of the AUBURN Police Department, to serve as the
Acting Chief of Police of the CITY OF PACIFIC upon
confirmation by PACIFIC During the time that PITZL serves
as Acting Chief of Police, PITZL shall perform all duties
and responsibilities of Chief of Police for PACIFIC
2 ANTICIPATED TIME REQUIREMENTS
It is anticipated that the Acting Chief of Police
would be at PACIFIC approximately two (2) hours each day
during regular week days In the event PACIFIC is in need
of supervisory services at a time when CAPTAIN PITZL is not
available, AUBURN will provide supervisors to assist PACIFIC
in an emergency situation with the unavailability of PITZL
3 COMPENSATION:
PACIFIC shall pay to AUBURN ONE THOUSAND FIVE
HUNDRED DOLLARS ($1, 500) per month for the above services
The amount to be paid within fifteen (15) days from the end
of the month that the services were provided
4 HOLD HARMLESS AND INDEMNITY
PACIFIC shall indemnify, defend, and hold AUBURN
harmless from any and all claims, injuries, damages, losses
or suits including attorney fees, arising out of or in
Interlocal Agreement-City of Pacific
February 13 1996 {ia-pac)
Page 2
connection with AUBURN providing an Acting Chief of Police
or any supervisory services to PACIFIC
5 INSURANCE
PACIFIC shall purchase and maintain the following
insurance coverage ' s and limits of liability throughout the
term of this Agreement
General Liability $1, 000 , 000 Per Occurrence
and General Aggregate
Automobile Liability $1, 000 , 000 Combined Single
Limit
Police Professional $1, 000 , 000 Per Occurrence and
Liability Aggregate
Public Officials $1, 0000 , 000 Per Occurrence and
Liability Aggregate
AUBURN shall be named on PACIFIC' s general liability policy
as an additional insured CAPTAIN WILLIAM PITZL and other
AUBURN supervisors assisting PACIFIC shall be insured as
employees on PACIFIC' s Police Professional, Public
Officials, General Liability and Automobile Liability
coverages Certificates of coverage evidencing all required
insurance coverages shall be submitted to the Auburn City
Attorney on or before the effective date of this Agreement
Interlocal Agreement-City of Pacific
February 13, 1996 {ia-pac}
Page 3
All certificates of coverage shall contain a 30 day notice
of cancellation provision
6 DURATION OF THIS AGREEMENT
This Agreement shall be effective February 1, 1996
and shall terminate March 31, 1996
7 HOLD OVER PROVISION
In the event the Acting Police Chief position is
required by PACIFIC after March 31, 1996 , the parties agree
that this Agreement shall continue on a month-to-month basis
under the terms and conditions set forth above and is
further agreed that either party may terminate by giving the
other party written notice within fifteen (15) days of
termination
CITY OF AUBURN
Y• E f_ii 1R
CHARLES A BOOTH
MAYOR
ATTEST
eigg4-1D Millikoailh/C/
Robin Wohihueter,
City Clerk
Interlocal Agreement-City of Pacific
February 13 1996 (ia-pac)
Page 4
APPROVED AS TO FORM
Michael J Reynolds,
City Attorney
CITY OF PACIFIC
OKRA H JORGENSEN
MAYOR
ATTEST
iie erk, /
ity Clerk ing,
APPROVED AS TO FORM
Rod P Kaseguma
Rod P Kaseguma,
City Attorney
Interlocal Agreement-City of Pacific
February 13 1996 {ia-pac}
Page 5
AWC 1076 Franklin St. SE
Olympia,WA 98501-1346
(360) 753-4137 FAX 753-4896
ASSOCIATION OF WASHINGTON CITIES
MAR - 7 1996
March 6, 1996 CITY OF AUBURN
CITY CLERKS OFFICE
Ms. Robin Wohlhueter City Clerk
City of Auburn
25 W Main Street
Auburn, WA 98001-4998
RE. Certificate of Coverage
City of Pacific
Interlocal Agreement (Acting Chief of Police Services)
Dear Robin:
The City of Pacific is a member of the Association of Washington Cities Risk Management Service
Agency (AWC RMSA). The AWC RMSA is a municipal self-insurance pool.
As a member of the AWC RMSA, the City of Pacific is afforded the following coverages.
Comprehensive General Liability $1 million per occurrence
Comprehensive Auto Liability $1 million per occurrence
Public Officials Errors and Omissions $1 million per occurrence
Employee Fidelity & Faithful $250,000 per occurrence
Performance
None of these coverages have deductibles. The policy term is from January 1, 1996 to January 1 1997
Since the AWC RMSA is not an insurance company we can not name the City of Auburn as an
additional insured. However our insuring agreement allows our coverages to he extended to another
party by contractual agreement. Therefore, our coverages will protect the City of Auburn for their
interest in the Police Services Interlocal Agreement.
If you have any questions, please feel free to give me a call. If I am not available, please feel free to
speak to Tracey Christianson.
Sincer
r r
I if-1,6
Je Spears ` — / Z
Insurance Services Analyst
/js
cc: Julie King, City of Pacific
Pacific underwriting file
Cooperation for Better Communities
_ESA BOOTH_\141 OR s`' Alga AUBURN CITY ATTORNEY n r
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February 13 , 1996 c c
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Rosemary A Larson k
INSLEE & BEST
P 0 Box C90016
Bellevue, WA 98009
RE INTERLOCAL AGREEMENT BETWEEN AUBURN
AND PACIFIC FOR ACTING POLICE CHIEF
Dear Ms Larson
As a follow-up to my transmittal of February 6 , 1996
and in response to WCIA fax of February 12 , 1996 ,
please note modification to Paragraph 5 "Insurance" to
add requirement of Auburn being named on Pacific ' s
General Liability Policy Please present this version
to your Council for approval
Very truly yours, ; —\
ALL \\
MICHAEL J REYNOLDS
City Attorney
MJR jb
Enclosure f
cc Mayor Charles A Booth r
Chief David Purdy
Eric P Larson, Assistant Director W A
E,
• c Washington Cities Insurance
Authority
February 1, 1996 RECEIVED
Michael J Reynolds EH ° 5 1996
City Attorney J LEGAL DEPT Ni
City of Auburn
25 West Main
Auburn, WA 98001-4998
RE. Interlocal Agreement Between Auburn
and Pacific for Acting Police Chief
Dear Mr Reynolds:
In accordance with your request we have reviewed the draft Interlocal Agreement
Between Auburn and Pacific for Acting Police Chief. Our comments and suggested
changes are listed below
Section 4. Hold Harmless And Indemnity
Replace entire section with the following:
PACIFIC shall indemnify, defend, and hold AUBURN, its officers, officials and employees
harmless from any and all claims, injuries, damages, losses or suits including attorney fees,
arising out of or in connection with AUBURN providing an Acting Chief of Police or any
police supervisory services to PACIFIC.
Add new Insurance Section after Section 4
PACIFIC shall purchase and maintain the following insurance coverage's and limits of
liability throughout the term of this agreement:
General Liability $1,000,000 Per Occurrence and General Aggregate
Automobile Liability $1,000,000 Combined Single Limit
Police Professional Liability $1,000,000 Per Occurrence and Aggregate
Public Officials Liability $1,000,000 Per Occurrence and Aggregate
AUBURN shall be named on PACIFIC's general liability policy as an additional insured.
Captain William Pitzel and other AUBURN supervisors assisting Pacific shall be insured
as employees on PACIFIC's Police Professional, Public Officials, General Liability and
Automobile Liability coverage's. Certificates of coverage evidencing all required
insurance coverage's shall be submitted to the Auburn City Attorney on or before the
One Renton Place,Suite 760, 555 South Renton Village Place, Renton,WA 98055
(206)764-6471 Fax 764-4067 eiS ij/f
„:„2.
effective date of this Agreement. All certificates of coverage shall contain a 30 day notice
of cancellation provision.
You may also want to address the following issues in the Agreement
• Is Auburn self insured for workers' compensation? Should Pacific reimburse Auburn
for any Workers' Compensation costs?
• When the Captain is traveling to Pacific, when does he start working for Pacific? You
may want to clarify in the agreement. Better to clear up now rather than after a claim
or accident.
I am available to discuss these comments and suggestions should you desire.
ly
Eric B Larson
Assistant Director
•
INSLEE, BEST, DOEZIE & RYDER, P.S.
ATTORNEYS AT LAW
Security Pacific Plaza,Suite 1900 .,, ,,
777-108th Avenue N.E. G E
P.O Box C-90016 '4"'
Rosemary A Larson Bellevue,Washington 9 800 9-901 6 pt�+C"
(206)455-1234 ,19:1
Writer's Direct Une: Fax (206)635-7720 Y :lC"
450-4219
J
February 2, 1996
Michael J Reynolds, City Attorney
City of Auburn
25 West Main
Auburn, WA 98001-4998
Re: Interlocal Agreement Between Pacific and Auburn for Acting Police Chief
Dear Mr Reynolds:
Thank you for drafting the Interlocal Agreement Between Pacific and Auburn for
Acting Chief of Police Services. Rod Kaseguma asked that I review the draft agreement.
Please add the following sentence to paragraph 1 of the agreement:
During the time that PITZL serves as Acting Chief of Police, PITZL shall
perform all duties and responsibilities of Chief of Police for PACIFIC.
Please revise paragraph 4 of the agreement to make the indemnity provision mutual,
and add a new paragraph 5 regarding insurance, as follows:
4 HOLD HARMLESS AND INDEMNITY:
Each party shall indemnify, defend, and hold harmless the other party, its
officers, employees, agents and volunteers, from and against all claims,
injuries, damages, liabilities, losses or suits, including attorneys' fees and
costs, arising out of, or that result in any way from AUBURN providing an
Acting Chief of Police or any supervisory or other police coverage to
PACIFIC, except for injuries or damages caused by the sole negligence of the
other party For purposes of this indemnification, each party specifically and
expressly waives any immunity granted under the Washington Industrial
Insurance Act, Title 51 RCW This waiver has been mutually negotiated and
agreed to by the parties.
DOCS\14310\001\0107188.01
,a0/1/
Michael J Reynolds
February 2, 1996 -
Page 2
5 INSURANCE:
5 1 During the entire term of this Agreement, including any
extensions, each party shall maintain insurance insuring against any claims
for injuries or damages resulting from actions of the Acting Police Chief or
any other supervisory or police personnel provided by AUBURN to PACIFIC
pursuant to this Agreement. The insurance required by this Paragraph shall
be at least equal to insurance maintained by each party covering the activities
of that party's police personnel. Each party shall have the other party named
as an insured in such insurance policy The coverage provided by such
insurance policies shall be primary to, and shall not contribute with, any
insurance maintained by the other party Prior to executing this Agreement,
each party shall deliver to the other party a Certificate of Insurance (with all
endorsements attached) or an Affidavit of Insurance demonstrating the
existence of the insurance required by this Paragraph.
5.2 This Agreement requires the consent of the Washington Cities
Insurance Authority, the insurer for AUBURN and PACIFIC. The parties
agree to modify this Agreement to comply with any language required by the
WCIA.
The following sentence should be added to the current paragraph 6 of the Agreement:
If this Agreement is so terminated, Pacific shall only pay for those services
accepted by Pacific and performed prior to the effective date of termination.
If you have any questions regarding any of these revisions, please let me know
Very truly yours,
INSLEE, BEST, DOEZIE & RYDER, P.S.
` 57.
Rosemary A. Larsdth
RAL.
cc: Mayor Debra Jorgensen
Julie King
Rod Kaseguma
DOGS\14310\001\0107188.01
//9
OFFICE
fGikvoP ,
CITY ADMINISTRATION
CHARLES A BOOTH, MAYOR '
OFFICE OF THE MAYOR s ti "�`j ',� , 25 WEST MAIN, AUBURN, WA 98001-4998
.
(206) 931-3041
vSkine
March 5, 1996
Ms. Julie A. King, City Clerk
City of Pacific
100 Third Street SE
Pacific WA 98047
Re: Acting Chief of Police
Storm Drainage Utility
Dear Julie:
The City finalized the Interlocal Agreement between the City of Auburn and the
City of Pacific for Acting Chief of Police Services. A fully executed original
Agreement is enclosed. At your convenience please send a certificate of
insurance to finalize the Agreement when available.
Additionally, you asked that I provide you with copies of our Storm Drainage
Utility Ordinance, Chapter 13.48 A copy of Auburn City Code Chapter 13.48 is
enclosed with copies of Ordinance No. 4776, 4762, 4502, and 4492 which
established Chapter 13.48 as amended.
Thank you again for your assistance in finalizing the Agreement for Bill Pitzl's
services as Acting Police Services. Should you require further information
please contact me at 931-3037
Sincerely,
Robin Wohlhueter
City Clerk
Gib'Of
OFFICE OF THE MAYOR CITY ADMINISTRATION
CHARLES A. BOOTH, MAYOR 25 WEST MAIN, AUBURN, WA 98001-4998 Aulburn
(206) 931-3041
hoo
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full, true and correct copy of
Resolution No 2717 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO "
I certify that said Resolution No 2717 was duly passed by the Council and
approved by the Mayor of the said City of Auburn, on the 5th day of February, 1995
Witness my hand and the seal of the City of Auburn this 20th day of March, 1996
obin Wohlhueter
City Clerk
City of Auburn