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C A G-07-157
INTERLOCAL AGREEMENT
Zone 3 Special Operations
THIS AGREEMENT is made by and between the following public agencies,
which are municipal corporations and/or political subdivisions authorized to enter into
such agreements by chapter 39.34 RCW and other laws, including but not limited to
RCW 70.136.010 et seq.:
South King Fire and Rescue (King County Fire Protection District No. 39)
City of Kent Fire Department
City of Tukwila Fire Department
City of Renton Fire Department
Port of Seattle Fire Department
Valley Regional Fire Authority
WHEREAS, the foregoing agencies located in Zone 3 of King County,
Washington, already cooperate with each other, and provide services reciprocally, with
respect to hazardous materials and/or technical rescue responses; and
WHEREAS, such agencies wish to formalize their cooperative relationships to
ensure that their operations are fully documented and within their respective statutory
authorities;
NOW THEREFORE IT IS HEREBY AGREED AS FOLLOWS:
1. Purpose. The purpose of this interlocal agreement is to document and have in
place a formal agreement, pursuant to which the parties will cooperate and share
resources, including both equipment and personnel, across jurisdictional
boundaries, with respect to hazardous materials and/or technical rescue responses.
As individual fire departments, the parties would not have adequate resources or
highly trained personnel in these technical areas, to adequately respond to all
potential such events. Together, however, these departments can establish and
maintain one or more teams of highly trained individuals to deal with such
emergencies on a regional basis.
2. Hazmat Emergency Assistance Agreement. Insofar as this interlocal agreement
deals with response to hazardous materials incidents, the agreement shall be
regarded as a hazmat emergency assistance agreement, as that term is used in
RCW 70.136.040.
3. Incident Command. The host agency (where the incident occurs) will be and
remain the incident command agency for any such event arising within any of the
aforesaid departments. Provided, however, that several agencies in Zone 3 do not
assume incident command in Hazmat incidents, leaving that to the Washington
State Patrol, pursuant to RCW 70.136.030 (this includes the City of SeaTac, and
several other departments within the Zone). Each incident command agency, in
the good faith performance of its duties, pursuant to this agreement, shall not be
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Name
liable for civil damages resulting from any act or omission in the performance of
its duties, except for acts or omissions constituting gross negligence or willful or
wanton misconduct.
4. Immunity. Pursuant to RCW 70.136.050, any person or public agency whose
assistance has been requested by an incident command agency, who is a party to
this emergency assistance agreement, and who in good faith renders emergency
care, assistance or advice with respect to a hazardous materials incident, is not
liable for civil damages resulting from any act or omission in the rendering of
such care, assistance, or advice, other than acts or omissions constituting gross
negligence or willful or wanton misconduct.
5. Non-Party Agencies. Agencies that are not parties to this agreement may request
assistance from the hazmat team or the technical rescue team provided by this
interlocal agreement. Provided, however, that such non-party agencies requesting
services from the teams under this agreement, shall agree to seek reimbursement
for extraordinary costs (as determined by the signatories to this agreement) from
responsible parties who cause hazardous materials releases, and/or their insurers,
pursuant to RCW 4.24.314. The parties will provide their costs or invoices to the
host agency in such instances.
6. Hazmat Services. One purpose of this Agreement is to provide resources, in the
form of personnel and equipment to respond and mitigate hazardous materials
incidents that may entail fires, spills, transportation accidents, flammability,
radioactivity, corrosivity, reactivity, explosives and other supporting technical
functions for which personnel have been trained in conjunction with and pursuant to
Section 126 of the Superfund Amendments and Reauthorization Act of 1986 (SARA
Title III), the Code of Federal Regulations (29CFR 1910.120) and NFPA 471/472
and to provide these services, mutually and reciprocally, to the parties that are
signatories to this agreement. These services are provided through a multi-
disciplinary team or teams of highly trained personnel, who are employed by the
respective parties, dispatched by Valley Com on an as-needed basis. Valley Fire
Authority at this time will not participate in this aspect of the agreement, but only the
rescue component below. Pursuant to this emergency assistance agreement, no
person or public agency requested to assist is obligated to assist. Persons or public
agencies asked to assist may act only under the direction of the incident command
agency or its representative. Such person or public agency requested to assist may
withdraw its assistance if it deems the actions or directions of the incident command
agency or incident commander to be contrary to accepted hazardous materials
response practices. The person or public agency requested to assist shall not profit
from rendering the assistance. Any person responsible for causing the incident shall
not be covered by the liability standard or immunity defined in RCW 70.136.050 or
this agreement.
7. Technical Rescue Responses. A second purpose of this agreement is to provide
resources, in the form of personnel and equipment to respond to technical rescue
incidents that may entail confined space, water rescues, high angle rope rescue
and the like. These services are provided through a multi-disciplinary team or
teams of highly trained personnel, who are employed by the respective parties,
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ADC rev.March 19,2007 2
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dispatched by Valley Corn on an as needed basis. All six above-named agencies
will participate in this aspect of the agreement.
8. Term of Agreement. The term of this Agreement shall be one year after the
effective date hereof, provided that this agreement shall be automatically renewed
from year to year unless terminated or modified in accordance with the provisions
hereof. Any party may terminate its participation in the agreement by first giving
written notice of termination to the other parties no later than 90 days prior to the
effective date of its withdrawal.
9. Operations Board. An Operations Board shall also be established to deal with
operational policies, guidelines and issues, which all participating agencies agree
to comply with. The Operations Board shall consist of one operational level chief
officer from each participant and shall meet as needed. The Operations Board
may establish committees as they deem appropriate. All of the participants shall
guarantee support by providing representatives to attend scheduled committee
meetings and perform assigned committee work.
10. Hold Harmless and Indemnification. Each participating agency agrees to assume
responsibility for all liabilities, whether by acts or omissions, by its employees
and/or volunteers that occur or arise in any way out of the performance of this
agreement and thus therefore holds other participating agencies, their respective
employees, officials and volunteers harmless from all costs, expenses, losses and
damages, including costs of defense. By this mutual and reciprocal hold harmless
and indemnification provision, it is not the parties' intent to waive any immunity
otherwise provided by law except for claims by the employees of a participating
agency, in which case the immunity of Title 51 RCW is waived. This waiver has
been negotiated amongst the parties. In accordance with R.C.W. 70.136, each
participating agency agrees to release all other parties and the teams, acting in the
good faith performance of their duties, from liability or civil damages resulting
from any act or omission, other than acts or omissions constituting gross
negligence or willful or wanton misconduct.
11. Employer-Employee Relationships. It is understood and agreed by the parties that
any employee of any party providing services pursuant to this Agreement, shall be
and remain an employee of their usual employer. He/she shall not be deemed an
employee of any other party, even though he/she may operate at times under the
direct supervision and control of another agency's officials for the limited purposes
of this agreement. Nothing contained in this Agreement shall create the
relationship of master and servant or employer and employee, as between the agency
served and the other agency's employee. He/she shall not be considered an
independent contractor,but rather a continuing employee of the regular employer.
12. Living Document. It is understood by the signatories to this Agreement that this will
be a living document, with Appendices added in the near future to fully outline: a)
Projected Hazardous Materials Technician staffing levels to expect on a response, b)
Technical Rescue staffing levels to expect on a response, c)Dive Team responses, d)
Zone 3 Incident Management Team procedures, etc. These and other Appendices
will be added as agreed to by the signatories of this Agreement for the purpose of
providing a high level of service, and expectations of response, within Zone 3.
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13. Effective Date. This agreement shall be effective upon the date on which the
agreement is filed with the King County Auditor.
SOUTH KING FI' _& RESCUE:
Date Signed:6 t 1--)
Fir Ai' P°4■ ator Allen Church
KENT FIRE DEPARTMENT:
Date Signed:d(o" a4
Fire Chief Jim Schneider
RENTON FIRE DEPARTMENT:
° Date Signed: 4/51)-Di 7
Mayor Kathy Keolker Attestl,u4LarrLJi.L.�/}ryI
Michele Neumann, Deputy City Clerk
TUKWILA FIRE DEPARTMENT:
I i1� at i Date Signed: 7-17-67
Fire Chief Nick Olivas
PORT OF SEATTLE FIRE DEPARTMENT:
/ Date Signed: 0 4b a
Fi/tifAtit,
ief Mike Mand:( a
VALLEY REGIONAL FIRE AUTHORITY:
e/tA Date Signed: 6 /.=— G77
Fire AN inistrator Eric Robertson
,It
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