HomeMy WebLinkAboutContract CAG-06-052
KING COUNTY, WASHINGTON ,
MUTUAL ASSISTANCE AND '
INTERLOCAL AGREEMENT I
THIS MUTUAL ASSISTANCE AGREEMENT is effective this day of January, ;I
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 I
I 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 R.C.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 R.C.W. There is created hereby a Secretary
Administrator, hereinafter referred to as the Administrator, as required by R.C.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 R.C.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 of RCW 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 of the
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. Resuonse ta Reauest. Upon receipt of such request, the commanding
officer of the party receiving the request shall irnmediately take the following action:
a. Determine if the responding party has equipment andlor personnel
available ta respand to the requesting party and determine the type of
equipment and number of personnel available. 'I
i b. Determine what availabie 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
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� with proper operating instructions.
Ii d. In the event the needed equipment andlor personnel are not available,
' immediatel advise the re uestin art of such fact.
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'�, 3. Command Respansibilitv. Cornmand responsibility at the scene rests
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with the requesting party. The incident commander shall be in command of the
ioperations under which the equiprnent and personnel sent by the respanding party shall
serve;provided that the responding equipment and persannel shall be under the
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immediate supervision of the officer in charge af the respanding apparatus.
� 4. Liability. The parties agree that the department assuming cammand
cantrol at the scene shall assume liability for,defend, indemnify and hold all ather parties
harmless from all liabilities or claims which arise out of cammand decisians or
judgments. Subject to the abave, each�arty hereto agrees to assume responsibility for
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liabilities arising out of the 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. Comnensation. 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-emer�encv Planning_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
I should be dis atched under various ossible circumstances. The lans shall take into
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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
�� dis atch in desi ated, a eed areas.
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8. Shared Purchasing_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 of like
material or goods or furnish additional like services to any other parties to this agreement
as allowed by R.C.W. 39.34.
9. Document Control-Execution of Counterc�arts. 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 lace and available to all arties. The executed duplicate originals will
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, be stam ed on recei t b the Administrator to show the date of receipt. This agreement
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shall become binding as to each party hereto as of the date of filin�with the
' f the executed
Administrator as described above. U on recei t b the Administrator o
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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. Modi�cation. This agreement may only be modified by mutual
agreement of all parties hereto, executed in the same manner as this agreement.
13. No Third Partv 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. Filing• As provided by RCW 39.34.040, this agreement should be filed
r of the Districts and the Count
with the clerks of the artici atin Cities, the Sec et , y
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Auditor.
15. Agreement 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 COIJNTY FIRE PROTECTION and/or CITY OF Renton
DISTRICT NO. WASHINGTON
By By �
Chairman of the Board Mayor 1 Kathy Keolker
By By��Ci�� `�C���
Secretary Michele Neumann, Deputy City Clerk
By
Title
Title
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CIN OF REN�ON
� FEB 19 2010
Joseph F. Quinn, P.S. REeE��Eo
PROF SSIONAL SERVICE CORPORATION CITY CLERK'S OFFICE
���,�' ATfORNEY AT LAW
,,y��°" ,
' P.O.BOX 98846
� . ,a` '�',:� - '� TACOMA, WA 98498-0846
?`,; +�.` � . �(253)589-3226 FAX: (253)589-3772'
e-mail address:quinnjoseph@qwest.net.
Web Site: www.Firehouselawver.com
November 28, 2005
Renton Fire Deparhnent •
1055,S. Grady Way
Renton, WA 98055
' Re: Newly revised King County
Mutual Aid Agreemerit
Dear Chief:
At the direction of the King County Fire Chiefs Association, I am sending you an original
of the newly revised King County Mutual Aid Agreement. The association decided it
was time to update the agreement, which has not been revised since at least the 1990's.
The agreement can be adopted in"counterparts", which means that we do not have to
undertake the monumental task of obtaining the signatures of the governing bodies of all
participating agencies on the same original document.
However;I would appreciate receiving back a copy of the dated and sigried agreement,
whici�will be maintained on file as proof that your agency is a participant in the
countywide Mutual Aid Agreement.
I have been asked by the.association not only to act as counsel for the group,but also to
be the official custodian of each participatirig agency's record of participation. I perform
that service already for the Pierce County Association. It will suffice for me to keep a
copy of the signed signature page, with each agency also keeping an original sigried
agreement. ,
Thank you for your cooperation in that regard.
Very truly yours,
. �
�=
, �/ Joseph F. Quinn
c;Tim Lemon, President