HomeMy WebLinkAboutCOW 2013-08-26 Item 5C - Interlocal Agreement - Fire Department Interlocal Agreement for King County Fire Zone 3COUNCIL AGENDA SYNOPSIS
Meal' ngDate
Prepared li)y
Mayor's review
Cow mil review
08/26/13
CF
Motion
Date 9/3/13
09/03/13
CF
Bid Award
A kg Date
Public Hearing
A kg Date
7 Other
Mtg Date
CATEGORY Discussion
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SPONSOR Council — Mayor I I FIR DCD _ Finance Fire ____ IT P&R Police 1 131F
SPONSOR'S The City of Tukwila Fire Department is seeking approval to enter into a Master Interlocal
SUMMARY Agreement with other Zone 3 Fire Agencies. This agreement will memoralize language
that will be common to all future agreements with participating agencies, that fall within
the life of this agreement. The Council is being asked to consider and approve the
agreement.
RI NIEWI ID BY COW Mtg. 1 1 CA&P Cmte F&S Cmte 11 Transportation Cmte
Utilities Cmte 1 1 Arts Comm. _ Parks Comm. Planning Comm.
DATE: 8/20/13 COMMIYFEE CHAIR: ROBERTSON
ITEM INFORMATION
ITEM No.
5.C.
107
STAFF SPONSOR: CHRIS FLORES
ORIGINAL AGENDA DX11:: 8/26/13
AG ENDA ITEM TITLE King County Master Interlocal Agreement
8/26/13
Motion
Date 9/3/13
Resolution
Mtg Date
Ordinance
Mtg Date
Bid Award
A kg Date
Public Hearing
A kg Date
7 Other
Mtg Date
CATEGORY Discussion
Mtg Date
Mtg
SPONSOR Council — Mayor I I FIR DCD _ Finance Fire ____ IT P&R Police 1 131F
SPONSOR'S The City of Tukwila Fire Department is seeking approval to enter into a Master Interlocal
SUMMARY Agreement with other Zone 3 Fire Agencies. This agreement will memoralize language
that will be common to all future agreements with participating agencies, that fall within
the life of this agreement. The Council is being asked to consider and approve the
agreement.
RI NIEWI ID BY COW Mtg. 1 1 CA&P Cmte F&S Cmte 11 Transportation Cmte
Utilities Cmte 1 1 Arts Comm. _ Parks Comm. Planning Comm.
DATE: 8/20/13 COMMIYFEE CHAIR: ROBERTSON
RECOMMENDATIONS:
SPONSOR/ADMIN.
CommniEl
Fire Department
Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPINDITURI, RI Q UIRI 0 AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
08/26/13
MTG. DATE
ATTACHMENTS
8/26/13
Informational Memorandum dated 08/12/13
King County Zone 3 Master Interlocal Agreement
Minutes from the Finance and Safety Committee meeting of 8/20/13
9/3/13
107
108
City of Tukwila
TO:
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance & Safety Committee
FROM: Chris Flores, Acting Fire Chief
DATE: August 12, 2013
SUBJECT: King County Zone 3 Master Interlocal Agreement
ISSUE
The Tukwila Fire Department seeks to enter into a Master Interlocal Agreement with the King
County Fire Zone 3 partnering agencies.
BACKGROUND
Interlocal agreements associated with the fire service, and within King County and Zone 3 are
not uncommon. The drafting of such agreements inevitably results in the expenditure of much
time, and energy. Legal fees and staff costs are also commonly expended. The King County
Zone 3 Master Interlocal Agreement has been designed to incorporate language that will be
common to all future agreements of this nature, thereby reducing the time, energy, and expense
associated with the production of said agreements. The agreement was entered into by all
major Zone 3 partnering agencies, with the exception of Renton and Tukwila, last year.
DISCUSSION
Rachel Turpin has reviewed the agreement. She has indicated in her feedback that some of the
language is somewhat unconventional, but that it is a low risk to proceed, and that she does not
see any major issues with the City signing the agreement. Additionally, Rachel has
recommended a course of action for utilizing this agreement in the future.
FINANCIAL IMPACT
There is no foreseeable financial impact associated with entering into this agreement.
RECOMMENDATION
The Council is being asked to consider and approve this item at the August 26, 2013 Committee
of the Whole meeting and subsequent September 3, 2013 Regular Meeting.
ATTACHMENTS
KING COUNTY ZONE 3 MASTER INTERLOCAL AGREEMENT
109
110
KING COUNTY ZONE 36/11/2012
MASTER INTERLOCAL AGREEMENT
1. PARTIES.
The original parties to this King County Zone 3 Master Interlocal
Agreement are as follows:
King County Fire Protection Districts 2 (Burien), 11 (North
Highline), 13 (Vashon Fire), 20 (Skyway /Bryn Mawr / /Lakeridge), 39
(South King Fire & Rescue, 43 (Maple Valley Fire), 44 (Mountain
View Fire), together with the cities of, SeaTac Fire Department,
Renton Fire & Emergency Services, Tukwila Fire Department, the
Kent Regional Fire Authority and the Valley Regional Fire
Authority, the Port of Seattle Fire Department and King County
Medic One.
The intent of the original parties is to create one master
interlocal agreement for eventual execution by various municipal
corporations, including but not limited to fire protection
districts and regional fire protection service authorities,
cities, counties, other special purpose districts, and other
agencies such as federal and state agencies, in order to create
one applicable master interlocal agreement with common provisions
between all agreeing parties. Additional parties can bring
themselves under the provisions of this Agreement by either
executing this Master Interlocal Agreement or a counterpart
thereof. Some of the interlocal agreements, which will be
exhibits hereto, will include some but not all of the parties to
the Master Interlocal Agreement.
2. RECITALS.
A. The original parties to this Master Interlocal Agreement have
found and concluded that there are many interlocal agreements
currently in existence in King County between fire protection
districts, between such districts and cities, between cities
and the County, and various other combinations, which
contain overlapping redundant terms and conditions. It is
further found that many of these repetitive and overlapping
terms and conditions could be avoided by having one master
interlocal agreement containing all of the standard
provisions agreed upon perpetually by the parties.
B. The original parties to this Agreement further find that
there is a continuing trend toward cooperation between fire
protection districts in King County and a beginning trend of
cooperation between cities and fire protection districts. In
an ever increasing frequency, these municipal corporations
are engaging in consolidated functions, complete
consolidations of administration or operations, and in fact
mergers. This Master Interlocal Agreement is intended to
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further these trends toward cooperation and consolidation of
functions.
C. The original parties to this Master Interlocal Agreement
perceive a need for a master agreement to set forth the
common, standard, and repetitive provisions rather than have
these common terms and conditions included in most, if not
all, of the interlocal agreements.
D. The interlocal agreements which shall be appended hereto as
exhibits could be independent, "stand- alone" contracts
between the parties, but the parties would prefer to keep
such interlocal agreements simple and short, containing only
the substantive provisions relevant to the circumstances at
hand, while incorporating by reference the standard terms and
provisions of this Agreement by making each interlocal
agreement an exhibit to this Master Interlocal Agreement.
3. AUTHORITY.
Authority for this Agreement is contained for all applicable state
agencies, political subdivisions, special purpose districts and
municipal corporations in the State of Washington by RCW 39.34,
the Interlocal Cooperation Act. With respect to regional fire
protection service authorities, additional authority is contained
in RCW 52.26.090. Additional authority is contained in RCW
52.12.021 and RCW 52.12.031, with respect to the fire protection
districts. With respect to water districts, additional authority
is contained within Title 57 RCW. With respect to cities,
additional authority for such contracts is contained within RCW
35, and Title 35A for optional municipal code cities. Authority
for such agreements by the County is contained within Title 36
RCW.
4. PURPOSE AND INTENT.
The purpose of the original parties to this Master Interlocal
Agreement and any parties added later shall be to save costs and
expenses, as well as time, by avoiding redundancy and repetitive
terms and provisions in various interlocal agreements when the
common terms and provisions of this Master Interlocal Agreement
are already in effect. The intent of the parties is to create a
master interlocal agreement that can include the parties' general
agreement as to many standard terms and provisions without
limiting the parties' flexibility to execute an interlocal
agreement containing substantive provisions when the circumstances
arise. Whenever a new subject for cooperation, consolidation, or
mutual and joint action requires an interlocal agreement, the
parties may execute one without undue expense or needless waste or
time.
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5. RECORDING.
This Agreement shall be recorded and filed pursuant to the
provisions of RCW 39.34.
6. TERM OF AGREEMENT.
The term or duration of this Agreement shall be perpetual, subject
to the below - stated termination provisions. This Agreement by its
own force does not require the expenditure of any specific
municipal corporation's funds.
7. CONFLICT BETWEEN AGREEMENTS.
If there is any conflict between the terms and provisions hereof
and the specific terms of an interlocal agreement, it is
understood and agreed that the specific conflicting provisions of
the interlocal agreement shall control. This conflict rule is
applicable not only to interlocal agreements specifically appended
hereto as exhibits at any time, but also any other interlocal
agreements hereafter entered into between any parties to this
Agreement.
8. TERMINATION OF AGREEMENT.
This Master Interlocal Agreement may be terminated upon mutual
agreement of all of the parties then signatory thereto by
execution of a written instrument of termination.
9. WITHDRAWAL FROM AGREEMENT.
Any of the original parties, or any of the additional parties
added to this Master Interlocal Agreement at any time may withdraw
from the Master Interlocal Agreement by submitting written notice
to any of the parties to the Master Interlocal Agreement with
which the withdrawing party has entered into any interlocal
agreement that references or incorporates this Master Interlocal
Agreement, whether it be an exhibit to this Master Interlocal
Agreement or not. A withdrawal shall be effective upon the date
stated in the notice, so long as the notice is properly given at
least ninety (90) days before the effective date.
10. MODIFICATION OR AMENDMENT OF AGREEMENT.
This Master Interlocal Agreement may be modified or amended, but
such amendment shall require the mutual written assent of all
parties then signatory to the Master Interlocal Agreement. The
index of exhibits, below referenced, shall include a list of all
parties to all applicable interlocal agreements.
11. LEAD AGENCY CONCEPT.
In many, if not all of the interlocal agreements appended to this
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Master Interlocal Agreement, the concept of a lead agency will be
used. When the term "lead agency" is used in this Master
Interlocal Agreement or any interlocal agreement executed
hereafter between the parties, the concept shall mean and include
that the lead agency shall be primarily responsible for the
administration and implementation of the referenced agreement.
The agency taking the lead on any particular agreement does not
thereby incur any greater liability for performance of the
agreement, which shall remain with the parties as set forth in the
interlocal agreement. The lead agency will be responsible for
contract administration in the manner specified in the interlocal
agreement. Lead agency duties may include but not be limited to
billing the other parties for appropriate reimbursement of costs
incurred under the agreement, acting as the employer when called
for under any applicable agreement (unless otherwise provided in
the interlocal agreement), and also acting as liaison or
contracting party with any third parties affected by the
interlocal agreement.
12. REIMBURSABLE COSTS.
Those interlocal agreements which provide for reimbursable costs
to the lead agency or any other party shall, unless specified
otherwise in the interlocal, use the current version of the
Washington State Fire Chiefs Association wage and benefit schedule
to establish the rates for all costs for reimbursement.
13. ENTIRE AGREEMENT.
This Master Interlocal Agreement and Exhibit A (regarding
reimbursable costs) embrace and include the entire understanding
of the parties. This Agreement supersedes and cancels any prior
negotiations or communications between the parties with respect to
the subject matter of the Master Interlocal Agreement, but the
execution of the Master Interlocal Agreement does not supersede
any interlocal agreements executed between these parties prior to
this Agreement's effective date. Further, it is understood and
agreed that the Master Interlocal Agreement is intended for use in
conjunction with future exhibits, which shall be interlocal
agreements between some or all of the parties hereto. Such
interlocal agreements are to be appended as exhibits to this
Agreement and are intended to be incorporated herein by reference
as a part of the Master Interlocal Agreement.
14. GOVERNING LAW.
This Agreement is entered into and shall be governed by the law of
the State of Washington. In the event of a dispute that has
completed arbitration or been held ineligible for arbitration, the
venue shall lie in King County, Washington.
15. ARBITRATION OF DISPUTES.
It is the intent of all parties to the Master Interlocal Agreement
that disputes, if any, between any of the parties hereto shall be
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resolved as informally and amicably as possible by settlement
without the assistance of any outside professionals in dispute
resolution. However, if such conciliation fails, the parties
agree that mediation may be used. If the parties are unable to
resolve the dispute through mediation, then an arbitrator shall be
selected through the auspices of the American Arbitration
Association, or any such entity providing arbitrators as the
parties may agree upon. The arbitration shall proceed, however,
with a single arbitrator and with the parties sharing the costs
proportionately, depending upon how many of the parties are
involved in the dispute. Only if arbitration is unsuccessful or
declared by a court to be inapplicable to the dispute shall the
parties proceed to Superior Court.
16. CONSTRUCTION /INTERPRETATION.
This Agreement is being entered into and shall be construed and
interpreted in accordance with the laws of the State of
Washington.
17. EXHIBITS /INDEX OF EXHIBITS.
With the exception of Exhibit A regarding a cost schedule, the
other exhibits to this Master Interlocal Agreement are intended to
be separate and independent interlocal agreements that are
rendered complete by their inclusion as exhibits to this
Agreement. Since this Master Interlocal Agreement is in a certain
sense open -ended and may be subject to numerous exhibits, it is
understood and agreed that a master index of the exhibits or
interlocal agreements shall be maintained. That index of exhibits
or interlocal agreements to which this Master Interlocal Agreement
makes reference shall be maintained at the offices of counsel, now
declared to be:
Brian Snure
The above counsel shall be the custodian of the index and shall
make available to any party to this Agreement at any time not only
the index of exhibits, but any individual interlocal agreement
which any party to this Agreement desires to obtain.
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115
18. INDEPENDENT COUNSEL REVIEW.
While it is recognized that many of the parties to this Agreement
have historically used as their general counsel either Brian Snure
or Joseph F. Quinn, it is understood and agreed by all parties
that each party has the right to have independent counsel review
this Master Interlocal Agreement, or any interlocal agreement
executed hereunder as an exhibit, to ensure objective and
disinterested review hereof.
19. HOLD HARMLESS /INDEMNIFICATION.
Each of the parties which are signatories hereto, by executing
this Master Interlocal Agreement or by executing any of the
interlocal agreements which are exhibits hereto, after review of
this Master Interlocal Agreement, are deemed to hold harmless and
indemnify any and all other parties to any respective interlocal
agreement between the parties for any negligence, errors or
omissions of the indemnifying party. The indemnification and hold
harmless is mutual with respect to any of the negligence, errors
and omissions of any of the other parties, with respect to their
own negligence, errors and omissions. Each party, therefore,
remains solely liable for their own sole negligence, errors or
omissions. Such indemnification extends not only to the actual
party, but all employees, agents, volunteers and parties acting on
their behalf. The respective parties to the interlocal agreement
are not deemed to be agents of each other for purposes of these
agreements. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD
THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES EACH PARTY'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW,
SOLELY TO CARRY OUT THE PURPOSES OF THIS INDEMNIFICATION CLAUSE.
THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
20. WAIVER OF BREACH.
The failure of any party to this Agreement to insist upon strict
performance of any of the covenants and agreements contained in
this Agreement or any of the interlocal agreements which are
exhibits, or to exercise any option or right conferred by this
Agreement or those agreements, in any one or more instance shall
not be construed to be a waiver or relinquishment of any such
option or right or of any other covenants or agreements which
shall all be and remain in full force and effect.
21. ATTORNEY'S FEES.
If any party brings any legal action in court to enforce any
provisions of this Agreement or any documents executed in
connection therewith, the successful prevailing party shall be
entitled to recover reasonable attorney's fees and other costs
incurred in that action, in addition to any other relief to which
that party may be entitled.
22. NOTICES.
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Any notice required or desired to be served, given or delivered
hereunder or under any of the interlocal agreements shall be in
writing and shall be deemed to have been validly served, given or
delivered upon deposit in the United States mail by registered or
certified mail with proper postage prepaid and addressed to the
party to be notified. Each party to this Master Interlocal
Agreement shall include the applicable address below the signature
block hereof and below the signature block of any interlocal
agreement entered into as exhibits to this Agreement.
23. COUNTERPARTS.
This Agreement may be executed simultaneously in two or more
counterparts, each of which shall be deemed an original, but all
of which together shall constitute one and the same instrument.
As additional parties are added to this Master Interlocal
Agreement, a counterpart will be used to include them into the
Master Interlocal Agreement.
24. ASSIGNMENTS.
No party may assign or delegate any right or duty under this
Agreement without unanimous written consent of all parties.
25. SEVERABILITY.
The invalidity, illegality or unenforceability of any provisions
hereof or of any individual interlocal agreement incorporated
herein as an exhibit shall not in any way affect, impair,
invalidate or render unenforceable this Agreement or any
provisions thereof, of any of the interlocal agreements which are
exhibits hereto or any provisions thereof.
26. CAPTIONS.
The captions and headings of the paragraphs of this Agreement and
of the individual interlocal agreements which are exhibits hereto
are for convenience and reference only and are not to be used to
interpret or define provisions.
27. VARIATIONS IN PRONOUNS.
All pronouns include the masculine, feminine, neuter, singular or
plural as the identification of persons, places, firms,
corporations or entities as the context may require.
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117
28. BENEFITS
This Agreement shall not be construed to provide any benefits to
any third parties. Specifically, and without limiting the
foregoing, this Agreement shall not create or be construed as
creating an exception to the Public Duty Doctrine.
29. SUCCESSORS OR ASSIGNS.
If any party to this Agreement or any of the interlocal agreements
which are exhibits hereto ceases to exist by reason of merger,
dissolution, or any other such corporate change of form, and if
there is a successor corporation or entity surviving the merger,
dissolution, or otherwise to which the duties of any contracting
party are assignable, then the terms and provisions of this Master
Interlocal Agreement and any applicable interlocal agreements
which are exhibits hereto are deemed to apply to that
successor /assignee municipal corporation, so long as the
applicable laws of the State of Washington allow such municipal
corporation to assume those duties and responsibilities.
30. EFFECTIVE DATE.
This Agreement is dated the day of , 2012, the
date on which the last of the signatures below has been affixed to
the Agreement. This Master Interlocal Agreement shall not
operate, however, and be effective until the effective date of the
first interlocal agreement appended hereto.
SIGNATURE PAGES TO FOLLOW
June 5, 2012 17:17:41 8
118
King County Fire Protection
District 2
Chair
Commissioner
Commissioner
Attest:
Secretary
Approved as to Form:
June 5, 2012 17:17:41
9
119
King County Fire Protection District
11
Chair
Commissioner
Commissioner
Attest:
Secretary
Approved as to Form:
June 5, 2012
120
17:17 :41 10
King County Fire Protection
District 13
Chair
Commissioner
Commissioner
Attest:
Secretary
Approved as to Form:
June 5, 2012
17:17:41 11
121
King County Fire Protection
District 20
Chair
Commissioner
Commissioner
Attest:
Secretary
Approved as to Form:
June 5, 2012 17:17:41
122
King County Fire Protection
District 39
Chair
Vice Chair
Commissioner
Commissioner
Commissioner
Attest:
Secretary
Approved as to Form:
June 5, 2012
17:17:41 13
123
King County Fire Protection
District #43
Chair
Vice Chair
Commissioner
Commissioner
Commissioner
Attest:
Secretary
Approved as to Form:
June 5, 2012
124
17:17:41 14
King County Fire Protection
District 44
Chair
Vice Chair
Commissioner
Commissioner
Commissioner
Attest:
Secretary
Approved as to Form:
June 5, 2012 17:17:41
15
125
Kent Fire Department Regional Fire
Authority
Board Chair
Board Vice Chair
Board Member
Board Member
Board Member
Board Member
Board Member
Attest:
Secretary
Approved as to Form:
June 5, 2012
126
17:17:41 16
Valley Regional Fire Authority
Board Chair
Board Vice Chair
Board Member
Board Member
Board Member
Board Member
Board Member
Board Member
Board Member
Attest:
Clerk of the Board
Approved as to Form:
June 5, 2012 17:17:41 17
127
City of Renton
By: City Manager
Attest:
City Clerk
June 5, 2012 17:17:41
128
City of SeaTac
By: City Manager
Attest:
City Clerk
June 5, 2012 17:17:41
19
129
City of Tukwila
By: City Manager
Attest:
City Clerk
June 5, 2012 17:17:41
130
Port of Seattle /SeaTac
International Airport
By: Fire Chief
Attest:
City Clerk
June 5, 2012 17:17:41 21
131
King County Medic One
By: EMS Division Director
Attest:
June 5, 2012
132
17:17:41 22
Finance & Safety Committee Minutes August 20, 2013 — Page 2
B. Fire Department Interlocal Agreement for Zone 3
The Tukwila Fire Department is seeing Council approval to enter into a Master Interlocal Agreement with
King County Fire Zone 3 partnering agencies. This master agreement includes common language that will
be applicable to future agreements, thereby reducing time and expense associated with drafting future
agreements. All major Zone 3 partnering agencies except for Renton and Tukwila entered into this
agreement in 2012. The language has been reviewed by the City Attorney's Office, and staff recommends
this action as a cost - effective step for the City. UNANIMOUS AGREEMENT. FORWARD TO
AUGUST 26 COMMITTEE OF THE WHOLE.
C. Fire Department 2013 First -Half Report
Acting Fire Chief Flores presented a 2013 First -Half Report regarding Tukwila Fire Department
performance, accomplishments, challenges, and activities. In the future, this information will be presented
on a quarterly schedule.
Committee members were appreciative of the information presented and requested additional components
for future reports, including more statistical data regarding service issues, aid calls, data per station, calls
per zone, and equipment use per zone. Committee Chair Robertson suggested providing more detail on
response data and tying Fire Department reporting into the Citywide Strategic Plan and the Crime
Reduction Initiative. The Committee recommended scheduling a Fire Department presentation before the
full Council. INFORMATION ONLY.
D. Financial Planning Model Attachment A
As follow up to the July 16 Committee discussion, staff presented a proposed reformatting of the Financial
Planning Model Attachment A. The new format includes restructured line item groupings as well as a
definition key to certain revenue types. The proposed format more closely aligns the revenue line items
and account groupings with those used in the City's internal quarterly financial reports and those
prescribed by BARS. The proposal also includes a new supporting schedule named "Attachment A —
Revenue Detail" to provide more information on each revenue line item.
Committee members were very complimentary and agreed that the proposed format aligns with their
previous requests and is logical and understandable. Additional requests were made by Committee Chair
Robertson to expand detail to Lines 10, 11, and 12. The Committee requested the development of a 6 -9
year chart showing actuals for the previous three years as well as a graphical representation of
relationships between the different funds the City uses. Councilmember Quinn would like this tool to be
available for discussion at the 2014 Council retreat. Committee Chair Robertson requested that budget
tools similar to Attachment A also be reviewed when staff time permits. INFORMATION ONLY.
III. MISCELLANEOUS
Meeting adjourned at 7:13 p.m.
Next meeting: Wednesday, September 4, 2013 — 5:30 p.m. — Conference Room #3
� wo� 4 "t' Committee Chair Approval
Minutes by LH
133