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HomeMy WebLinkAboutRes 0880 - Interlocal Agreement - Fire and Emergency Medical Services CITY OF TUKWILA DO RESOLVE AS FOLLOWS: WASHINGTON RESOLUTION NO 880 A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF TUKWILA AND KING COUNTY FIRE PROTECTION DISTRICT NO. 1. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, The Mayor is hereby authorized to execute an agreement for fire and emergency medical services between the City of Tukwila and King County Fire Protection District No. 1. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this 16th day of September 1983 Approved as to Form ATTEST: Mayor Gary Van Dusen City Clerk maxine Anderson City Attorney David D. Woo AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICES cX t., r te_` okLy DAIL.9:14), r+ o r 12 gyo This agreement is entered into between the CITY OF TUKWILA, a municipal corporation, hereafter referred to as "City," and KING COUNTY FIRE PROTECTION DISTRICT NO. 1, a municipal corporation, hereafter referred to as "District." A. The District and the City currently each maintain and operate their own fire departments to provide fire pro- tection, fire suppression and emergency medical services in their respective areas. B. The District intends to contract with the City for the City to provide fire prevention, suppression and medical aid services to the area within the boundaries of the Dis- trict in the event the City annexes the Allentown area. C. This agreement is entered into by the City under the authority of RCW 35A.11.040 and the District under the authority of RCW 52.36.020 and in conformity with RCW 39.34, the Interlocal Cooperation Act. D.' It is the purpose of this agreement to provide the terms and conditions under which the City will provide ser- vices to the District. To carry out the purposes of this agreement and in con- sideration of the benefits to be received by each party, it is agreed as follows: 1. Condition Precedent. This agreement shall not be effective unless and until the Allentown area shall be annexed to the City of Tukwila at the election 4heduled for September 20, 1983. 2. Services to be Provided by City. The City agrees to furnish fire and emergency medical protection to all proper- ties and persons presently within or annexed to the District including all District owned or leased real and personal properties. Such fire and emergency medical protection shall be rendered on the same basis as such protection is rendered to other areas within the City or with which the City has contracts, but it assumes no liability for failure to do so by reason of any circumstances beyond its control and in the event of simultaneous fires or emergency medical calls within the City and outside of the City whereby facilities of the City are taxed beyond its ability to render equal protection, the officers and agents of the City shall have discretion as to which call shall be answered first and shall be the sole judge as to the most expeditious manner of handling and responding to said calls. The City shall furnish all person- nel required to perform the services described above. 3. Payment by District. The District agrees to levy annually the maximum regular levy permitted by statute and a special levy, if approved by the voters of the District, in such amount and in such years as may be necessary to enable the District to pay to the City a sum that will be sufficient to contribute the District's proportionate share of the funds required to enable the City to provide a level of services to the District equal to the current level of services provided by the District. From the revenue received by the District from such levies or from any other source, the District shall retain annually for its operational needs, sufficient sums to pay the maximum sum permitted by statute for the services of the commissioners of the District, authorized commissioner's expenses, legal services from an attorney selected by the Board of Commissioners, and expenses for elections, audits and insurance premiums. The parties anticipate that the cost for the'above operational needs will not exceed $15,000.00 for 1984. If it should develop that expenses will exceed such amount, the District and the City agree to review such expenses for the joint budget approval at the annual meeting or at a special meeting as provided in paragraph 14 of this agreement. The balance of the revenues of the District after deducting the above expenses, shall be paid to the City in semi annual installments in June and December in accordance with receipts by the District from the county comptroller. Provided, how ever, 10 the balance of such revenues shall be deducted oy the District and retained for the purchase of capital equipment and improvements for the District. The funds shall be administered, expended or invested by the District or by the City at the option of the Board of Commissioners of the 7 District. The above payments to the City shall be computed to include revenues derived from levies made prior to commencement of this agreement and shall not include revenues received from levies made during the existence of this agreement but received after termination of the agreement. In the event that the voters of the District shall, at any time, approve the lifting of the 106% tax lid pursuant to RCW Chapter 84.55, it is agreed between the parties that such additional tax revenues shall be used by the City to provide additional services to the District. The amounts to become due from the District to the City for the portion of calendar year 1983 that is included in the term of this agreement shall be negotiated by the parties based on the pro rata share of non committed 1983 District tax revenue. 4. Insurance. Each party shall provide insurance coverge for all facilities and equipment currently owned or hereafter purchased by such party and used under the terms of this agreement. The District's insurance shall provide coverage for the loss or damage to the District's facilities and equipment. The City shall provide full liability cover- age for the use and operation of such facilities and equip- ment. 5. Property Ownership. All property presently owned or hereafter acquired by the District to enable it to perform the services required under this agreement, shall remain the property of the District in the event of the termination of this agreement. All property presently owned or hereafter acquired by the City to enable it to perform the services required under this agreement, shall remain the property of the City in the event of the termination of this agreement. 6. Operation of District Facilities. During the term of this agreement, the City shall have possession of and the right to the use of all District real and personal property; provided however, that the District shall retain the right to use office space, a copy machine and two filing cabinets at the District station for the use of the Board of Commission- ers of the District. The City agrees to provide such secretarial service as may be needed from time to time by the Board of Commissioners of the District. Attachment 1 to this agreement contains the legal description of the real property referred to above. Attachment 2 to this agreement contains a list of the major equipment and personal property referred to above. 7. Equipment Marking. All equipment and personal property presently owned or which may be purchased by the District for use by the City under the terms of this agree- ment shall be distinctly marked as property of the District. 8. Maintenance of District Facilities. All station facilities owned by the District and all equipment (including vehicles) owned by the District shall be reasonably maintain- ed by the City in operable condition during the useful life of such facilities and equipment, normal wear and tear and damage by the elements excepted. 9. Equipment Location. All District equipment shall be assigned to and stationed in the District station whenever practicable; provided however, that such equipment may be used for calls within the City and may be temporarily stationed within the City for a period not to exceed sixty days without approval of the Board of Commissioners, when deemed necessary by the Fire Department administration. In the event District equipment shall be out of serivce, the City agrees to temporarily assign and station City equipment in the District station when deemed necessary by the Fire Department administration. The City Fire Department adminis- tration shall advise the District Board of Commissioners of the permanent assignment and location of all District equip- ment and shall further advise the Board of any changes in such asdignments prior to the time that the permanent change shall become effective. Such notifications shall be made as soon as is practical. 10. District Personnel. All paid full time District employees shall become paid full time employees of the City and retain length of service credit for all purposes except in the event of reduction in force or recall. 11. Personnel Assignment. The City Fire Department administration shall advise the District Board of Commission- ers of the numbers of personnel assigned to man District stations and equipment. In the event the City shall deter- mine to make any permanent changes in any such staffing of District stations, the City shall advise the District Board of Commissioners prior to the effective date of such change. 12. Liability. The City shall, at all times, be solely responsible and liable for the acts or the failure to act of its personnel that occur or arise in any way out of the performance of this contract by its personnel only and to save and hold the District and its personnel and officials harmless from all costs, expenses, losses and damages, including cost of defense, incurred as a result of any acts or omissions of City personnel relating to the performance of this contract. 13. Term. This agreement shall be effective on 1g8'• and shall continue for a term of ten"' years; provided however, that either party may terminate this agreement by giving to the other party three years written notice of such intention to terminate. 14. Annual Meeting. The Board of Commissioners of the District and the City Council shall hold an annual joint meeting to review the operation of the fire department during the preceding year and to discuss the operating budget and capital improvement budget for the following year. This meeting shall be scheduled at an agreeable time on or before June 1 of each year. Attachment 3 sets forth the subjects to be discussed at the annual meeting. The City may request special meetings of the Board of Commissioners as the need arise8. 15. Commissioners Meetings. The Mayor of the City or the Mayor's designee and an officer representative from the Fire Department shall attend all regular and special meetings of the District Board of Commissioners when requested to do so by the Board. 16. Termination of Agreement. In the event, as a result of the termination or expiration of this agreement, the City is required to reduce its firefighting force and the District is in a position to employ paid firefighters, the District agrees that it will recall the employees terminated by the City, if available, before it employs additional personnel. 17. Pension Benefits. The parties agree that no Dis- trict firefighter shall suffer any diminishment or loss of retirement benefits or rights as a result of the implementa- tion of this agreement. 18. Modification. This instrument constitutes the entire agreement between the partries and supercedes all prior agreements. No modification or amendment shall be valid unless evidenced in writing, properly agreed to and signed by both parties. In the event that either of the par- ties shall desire to renegotiate any of the provisions of this agreement, such party shall notify the other party in writing of its intent. 19. Severability. If any provision of this agreement or its application is held invalid, the remainder of the agree- ment or the application of the remainder of the agreement is not affected. 20. Benefits. This agreement is entered into for the benefit of the parties to the agreement only and shall confer no benefits, direct or implied, on any third persons. 21. Notices. All notices, requests, demands and other communications required by this agreement shall be in writing and, except as expressly provided elsewhere in this agree- ment, shall be deemed to have been given at the time of delivery if personally delivered or at the time of mailing if mailed by first class, postage pre -paid and addressed to the party at its address as stated in this agreement or at such address as any party may designate at any time in writing. 22. Arbitration. Any controversy which shall arise between the City and the District regarding the rights, duties or liabilities hereunder of either party shall be settled by arbitration. Such arbitration shall be before one disinterested arbitrator if one can be agreed upon, otherwise before three disinterested arbitrators, one named by the City, on'e by the District and one by the two thus chosen. The arbitrator or arbitrators shall determine the controversy in accordance with the laws of the state of Washington as applied to the facts found by him or them. CITY OF TUKWILA ATTEST: DATED: C d e7 7 a/744,6L4t City Clerk 1983. U KING COUNTY FIRE PROTECTION DISTRICT NO. 1 By (iitidgf A Chairman of Board Secretafy To: Mayor VanD41/n From: Hubert H. Crawley, Fire Chief Subject: Duwamish Expenses: Estimates 1984 .,cptember 15, 1983 100.31 Office Supplies 400 100.48.02 Radio Repair 1,500 200.11 Wages Captain 31,872 (2655 mo.) Lieutenants (2) 60,744 (2531 mo.) Firefighters (5) 137,760 (2296 mo.) F:I.C.A. 16,127 (202,824 x 7?;) .22 L.E.O.F.F. 14,192 (202,824 x 6.26 .12 Holiday Pay 8,096 (100 hr. pay S.T.) .25 Medical, Dental, Life 2 5,302 (7 x 3162) (1 x 3168) .11.02 Longevity 4,800 (8 x 600) .29 Uniform 1,600 (8 x 200) .31.02 Supplies 2,300 .31.04 Supplies Automotive 4,000 .35.02 Small Tools 100 .41.02 Volunteers 6,500 .41.0 ?Medical Exams 2,925 (9 x 325) .41.07 Valley Com (45% of 5,400) 2,430 .41.09 Lubericant Analysis 600 .48.02 Repair and Maintenance Automotive 3,000 .48.04 Other Repair and Maintenance 500 300.11 Wages 1 time Secretary 8,256 (6 x 1376) .23 P.E.R.S. 589 (8,256 x .0713) .24 Industrial Insurance 75 .25 Medical, Dental, Life, Optical 3,162 .21 F.I.C.A. 578 (8,256 x 7 400.11 Wages Deputy Fire Chief =`(Keefe) 35,868 F.I.C.A. 2,510 .22 L.E.O.F.F. 2,325 (38,378 x 4.95 .24 Industrial Insurance 75 .25 Medical, Dental, Life, Optical 3,162 .29 Uniform Clothing 300 .49 Miscellaneous 900 (7 x 100 1 x 200) 500.31.03 Supplies Facilities 800 .42.03 Communications (Telephone) 780 500.47.03 .47.06 .47.08 .47.11 .48.03 526.300.31.02 .41.02 Electricity Water Gas Waste Disposal Duwnmish Expenses Page 2 5,000 400 2,700 121 Repair and Maintenance Facilities 700 Supplies (Aid Car 1,000 Valley Com (550 of 5,400) 2,970 Total 397,019