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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. 5 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A 6 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS 7 Section 1. The Mayor and City Clerk of the City of 8 Auburn, Washington, are hereby authorized to execute an 9 Interlocal Agreement between the City and the City of Pacific 10 for Acting Chief of Police services A copy of the Agreement 11 is attached hereto, designated as Exhibit "A" and incorporated 12 by reference in this Resolution. 13 Section 2. The Mayor is hereby authorized to implement ]4 such administrative procedures as may be necessary to carry 15 out the directives of this legislation 16 DATED and SIGNED this 5th day of February, 1995. 17 18 19 CITY OF AUBURN 20 21 23 \'lQ$LL 't�l ct CHARLES A BOOTH 24 MAYOR 25 26 Resolution No. 2717 Februmy 1, 1996 Page 1 1 ATTEST: 2 3 46(14ciatikatu Etc 4 Robin Wohlhueter, City Clerk 5 6 7 8 APPROVED AS TO FORM: 9 10 A k.am, 11 Michael J. Reynolds, City Attorney 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 "` 25 West Main Auburn WA 98001-4998 H I 1 Rc�holds.Gtr >usue� - _ C Ausumt.A.y:n"t On ;Umn,C, (206) 931-3030 ` r Gulh‘cr_Pros.cu;or ,��3 'CI F ro shutgwk H F n V February 13 , 1996 c c x c H '71 I 3 � I 1 I 1 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