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HomeMy WebLinkAbout5.145 Original Contract 5./45 COOPERATIVE AGREEMENT H9506075003 between The United State Department ofInterior National Park Service, Olympic National Park and The Port Angeles Fire Department and Clallam County Fire District No.2 (DUNS 619236842) Clallam County Fire District No.3 (DUNS 876704321) Clallam County Fire District No.4 (DUNS 619235307) Clallam County Fire District No.5 (DUNS 185398729) Clallam County Fire District No.6 (DUNS 136117806) This Cooperative Agreement (Agreement) is entered into by and between the U.S. Department of Interior, National Park Service (NPS), through the Superintendent, Olympic National Park; Fire Districts 2,3,4,5, and 6 ofClallam County, Washington (Districts), acting through their Chairperson or Fire Chief; and the City of Port Angeles Fire Department, Port Angeles, Washington (Department), acting through its Fire Chief. The purpose of this Agreement is to establish the terms and conditions under which the parties will provide mutual assistance in emergency responses to protect lives and property. ARTICLE I-BACKGROUND AND OBJECTIVES This Agreement is made in recognition that the agencies hereto each have resources and facilities which can be mutually shared in the protection of life and property and providing emergency services to the public including, but not limited to, structural fire, wildland fire control, search and rescue, and emergency medical services. It is understood that this Agreement shall not supplant existing agreements, nor deny the right of any agency hereto to negotiate supplemental agreements. ARTICLE II-AUTHORITY For the NPS: 16 Us.e. Section lb. Secretary of the Interior's authorization of additional activities; administration of National Park System: In order to facilitate the administration ofthe National Park System, the Secretary of the Interior is authorized to carry out the following activities, and he may use applicable appropriations for the aforesaid system for the following purposes: (1) Emergency assistance: Rendering of emergency rescue, fire fighting, and cooperative assistance to nearby law enforcement and fire prevention agencies and for related purposes outside of the National Park System. (5) Supplies and rental of equipment; reimbursement: Furnishing, on a reimbursement of appropriation basis, supplies, and the rental of equipment to persons and agencies that in cooperation with, and subject to the approval of, the Secretary ofthe Interior, render services or perform functions that facilitate or supplement the activities of the Department ofthe Interior in the administration ofthe National Park System: Provided, That reimbursements hereunder may be credited to the appropriation current at the time reimbursements are received. 42 Us. C , Sec. 1856a. - Authority to enter into reciprocal agreements; waiver of claims; reimbursement; ratification of prior agreements: a. Each agency head charged with the duty of providing fire protection for any property of the United States is authorized to enter into a reciprocal agreement, with any fire organization maintaining fire protection facilities in the vicinity of such property, for mutual aid in furnishing fire protection for such property and for other property for which such organization normally provides fire protection. Each such agreement shall include a Agreement H9506075003 Page 1 of9 waiver by each party of all claims against every other party for compensation again~t any loss, damage, personal injury, or death occurring in consequence of the performance of such agreement. Any such agreement may provide for the reimbursement of any party for all or any part of the cost incurred by such party in furnishing fire protection for or on behalf of any other party. b. Any agreement heretofore executed which would have been authorized by this sub- chapter, if this subchapter has been in effect on the date of execution thereof, is ratified and confirmed. 3. Protection Act of 1922 (16 US e. Sec. 594) 4. National Park Service Organic Act of August 1916 (16 us. e. See 1) 5. Disaster Relief Act of 1974 (42 Us.e. Sec. 1521) 6. 16 U.S.c. Section Ig authorizes the NPS to enter into cooperative agreements that involve the transfer ofNPS appropriated funds to state, local, and tribal governments, other public entities, educational institutions, and private nonprofit organizations for the public purpose of carrying out National Park Service programs. For the District: This Agreement is entered into by the Chairman or Fire Chiefs of Clallam County Fire Districts 2, 3, 4, 5, and 6 and the Fire Chief of the City of Port Angeles who have the signature authority to enter into agreements with the NPS regarding fire protection, suppression and emergency services on NPS administered lands pursuant to Chapters 38.52, 39.34, and 52.12 and Sections 35.84.040, and 76.04.135 ofthe Revised Code of Washington. ARTICLE III - STATEMENT OF WORK This Agreement concerns assistance that can be provided between the NPS, Clallam County Fire Districts, and City of Port Angeles Fire Department. Assistance between the Olympic National Park and Washington Department ofNaturaJ Resources is previously described within the Fire Protection Services Operating Plan for the Olympic Peninsula, which is an operating plan tiered off the Master Cooperative Fire Protection Agreement between the Federal and State wildland firefighting agencies. A. The NPS agrees to: 1. Assist the Districts/Department upon request to cooperate and coordinate with the Districts/Department personnel in wildland fire suppression, rescue activities and emergency response to incidents, when personnel and equipment are available, at no cost for the first 24 hours, except when described below for wildland fire and structure fire. After 24 hours for non-wildland and structure fires, cost reimbursement will be determined dependent upon the type of incident. If cost reimbursement will be sought, standard rates as described in the Incident Business Management Handbook, Pacific Northwest (PNW) regional supplements will be utilized. 2. Reimburse the Districts/Department for expenses for any time spent of requested resources beyond two hours when on scene of a wildland fire incident (not inclusive of travel time to or from the incident). The initial two hours of wildland fire response and travel to and from scene will be considered covered under the Payment in Lieu of Taxes the federal government pays the County. Cost will be determined on an hourly basis, as determined by the current year's engine apparatus reimbursement price as set in the Fire Business Management Handbook, Pacific Northwest (PNW) regional supplements. 3. Reimburse the fire district(s)/department for expenses for any time spent of requested resources beyond four hours when on scene of a structure fire incident (not inclusive of travel time to or from the incident). The initial four hours of structure fire response and travel to and from scene will be considered covered under the Payment in Lieu of Taxes the federal government pays the County. Cost will be determined on an hourly basis, as Agreement H9506075003 Page 2 of9 determined by the current year's engine apparatus reimbursement price as set in the Fire Business Management Handbook, PNW regional supplements. 4. Provide to the District an annual familiarization tour of the Park's facilities, equipment, and access points, if requested. 5. Assist the Districts/Department in providing basic wildland fire (S 130/S 190) and aviation training (S271), at no cost to the Districts/Department when the federal agencies have planned training. Provide additional wildland fire training or instructors to the districts when requested, if instructors are available, at no cost. B. The Districts agree to: 1. Furnish, when requested by the NPS, available qualified personnel, fire equipment, and rescue equipment to assist in emergencies and the suppression of structural fires and wildfires on federally owned land within the Park, when said equipment and personnel are available for response, at no cost for the first 24 hours, except when described below for wildland fire and structure fire. After 24 hours, cost reimbursement will be determined dependent upon the type of incident. If cost reimbursement will be sought, standard rates as described in the Incident Business Management Handbook and PNW regional supplements will be utilized. 2. Provide the first two hours of wildland fire response (not inclusive of travel time to or from the incident), at no cost to the NPS. The initial two hours of wildland fire response and travel to and from scene will be considered covered under the Payment in Lieu of Taxes the federal government pays the County. For any time after two hours on scene the Districts/Department will submit a bill within 60 days of the incident to the appropriate agency for any requested resources on scene. Cost will be determined on an hourly basis, as determined by the current year's engine apparatus reimbursement price as set in the Fire Business Management Handbook, PNW regional supplements. 3. Shall provide the first four hours of structure fire response at no cost to the NPS. The initial four hours of structure fire response and travel to and from scene will be considered covered under the Payment in Lieu of Taxes the federal government pays the County. For any time after four hours on scene (not inclusive of travel time to or from the incident), the fire Districts/Department will submit a bill within 60 days of the incident to the appropriate agency for any requested resources on scene. Cost will be determined on an hourly basis, as determined by the current year's engine apparatus reimbursement price as set in the Fire Business Management Handbook, PNW regional supplements. 4. The fire Districts/Department shall supervise all aspects of interior structural fire suppression activities. C. General Provisions: Each requested agency will have the primary interest of protection of persons and property within its own jurisdiction and does not assume any responsibility or liability in not providing resources to the other parties of this Agreement. 1. Request for assistance shall be initiated by authorized personnel of the requesting agency directly to authorized personnel of the requested agency via radio, telephone, or in person or through PEN COM. 2. Only Minimum Impact Suppression Tactics will be used when fighting fires on any NPS managed lands. No ground-disturbing equipment such as graders or bulldozers will be used on NPS lands without the permission of the NPS Superintendent or his/her designee. 3. Either party may take immediate action to suppress a fire in the other party's area of primary responsibility in order to save a life or property, with immediate notification of the responsible party. 4. Nothing in this Agreement will be construed as obligating the NPS to expend in anyone fiscal year any sum in excess of the monies appropriated by Congress and allocated by the NPS for the performance of this Agreement. Agreement H9506075003 Page 3 of9 5. It is understood by the parties to this Agreement that because of the limited number of qualified firefighters and/or equipment, there may be instances when response may be limited or impossible. 6. The requesting agency shall have command and control ofthe incident scene. Change of command will only be performed and authorized with the mutual agreement of all parties on the scene, and in accordance with Incident Command System policies and procedures. Responding personnel will not initiate action, but will render only such assistance as is requested by the requesting agency, or will be necessary under the circumstances. 7. Accident Investigations: When an accident involving equipment or personnel of a responding Party occurs, the requesting Party shall immediately notifY the jurisdictional and responding parties. As soon as practical, the requesting Party shall initiate an investigation ofthe accident. The investigation shall be conducted by a team made up of representatives from affected Parties, as appropriate. 8. Districts or the Department responding to medical emergencies involving private citizens within the lands administered by the NPS shall do so at no cost to the federal agencies. Ifit is within the District's or Department's policy to charge for medical treatment or transport, the Districts or Department have the authority to charge the private citizen directly for any response within NPS managed lands. The federal agencies will not serve as a collection agency for any bill submitted by the Districts/Department to a private citizen. If the response is to a federal employee of the NPS and the district normally charges for medical emergency response/transport, then a bill may be forwarded to the appropriate federal agency. 10. All Parties agree to allow the use of each others radio frequencies when a supporting Party is assisting the protecting Party during emergency incidents, training or as requested during day to day operations. ARTICLE IV-TERM OF AGREEMENT The term of this Agreement shall commence on the date the last Party signs below and shall remain in effect until December 31, 2011. A review of this Agreement will be conducted every five years for appropriateness and modified or renewed for a period of not more than five (5) years from the date the last Party signs the modification or renewal. Any Party shall have the right to terminate their participation under this Agreement as described in Article Xl that follows. Agreement H9506075003 Page 4 of9 ARTICLE V - KEY OFFICIALS A. Key officials are essential to ensure maximum coordination and communication between the parties and the work performed. They are: 1. For the NPS: Larry Nickey Fire Management Officer (Agreements Technical Representative) Olympic National Park 600 E. Park Avenue Port Angeles, Washington 98362 Telephone: 360-565-312 I Fax: 360-565-3129 Email: Larry _ Nickey@nps.gov Rodney J. Roberson Contracting Officer Olympic National Park 600 E. Park A venue Port Angeles, W A 98362 Telephone: 360-565-3024 Fax: 360-565-3015 Email: rod Joberson@nps.gov 2. For the Districts/Department: Dan McKeen Fire Chief Port Angeles Fire Department 102 E. 5th Street Port Angeles, Washington 98362 Telephone: 360-417-4655 Fax: 360-417-4659 Email: Dmckeen@cityofpa.us Jon Bugher Fire Chief Clallam County Fire District No.2 700 Power Plant Road Post Office Box 1391 Port Angeles, Washington 98362 Telephone: 360-452-7725 Fax: 360-452-9235 Email: chief@clallamfire2.org Steve Vogel Fire Chief Clallam County Fire District No.3 323 N. Fifth Avenue Sequim, Washington 98382 Telephone: 360- 683-4242 Fax: 360-683-6834 Email: svogel@clallamfire3.org Jim Johnson Fire Chief Clallam County Fire District No.4 Post Office Box 106 Joyce, Washington 98343 Telephone: 360-928-3132 Fax: 360-928-9604 Email: ccfd4@tenforward.com Agreement H9506075003 Page 5 0[9 . . Gene Laes Fire Chief Clallam County Fire District No.5 Post Office Box 530 Clallam Bay, Washington 98326 Telephone: 360-963-2371 Fax: 360-928-3132 Email: glaes@cfsd.wednet.edu Pat Graham Fire Chief Clallam County Fire District No.6 Post Office Box 2385 Forks, Washington 98331-2385 Telephone: 360-374-2266 Email: pgguideservice@centurytel.net B. Communications - Communications that relate to this Agreement shall be copied to all Key Officials and the Contracting Officer. Communications that relate to routine operational matters described in the current agreement may be conveyed to the appropriate key official. ARTICLE VI-A WARD AND PAYMENT 1. Billing and Estimates and Time Frames - Each Party will notifY the respective administrative headquarters of any reimbursable claims that they intend to make and will strive to provide an estimate of the amount involved within 30 days in each reimbursable action. Absent a written extension of time granted by the reimbursing party, the final itemized claim should be submitted to the reimbursing party within 60 days of the suppression action. When mutually agreed, local fire suppression payments may be consolidated into a single statement at calendar year end, and the Party with excess expenditures will be reimbursed by the other Party. 2. Billing Content: Bills will contain, at a minimum the incident name(s) and duration, locations(s), jurisdictional unit, and appropriate incident number; and will be supported by documentation, including applicable cost share agreements. Billings for fire suppression assistance may include reimbursable costs, but will not be assessed indirect cost rates. ARTICLE VII - PRIOR APPROVAL Not applicable. ARTICLE VIII-LIABILITY The NPS shall be liable, to the extent allowed by law, including the Federal Tort Claims Act, for claims for personal injuries or property damage resulting from the negligent or wrongful act or omission of any employee of the United States while acting within the scope of his or her employment, arising out of this Agreement. The Districts/Department or cooperating agency shall defend, indemnifY and hold the National Park Service its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of, or in conjunction with, that Fire Districts/Department acts or omissions in the performance of the Agreement, except for injuries and damages caused by the sole negligence of the District/Department or cooperating agency. The parties shall cooperate, to the extent allowed by law, in the submission of claims against the NPS or Districts/Department by third parties for personal injuries or property damage resulting Agreement H9506075003 Page 60f9 . . from the negligent act or omission of any NPS or DistrictslDepartment staff in the course of the activities undertaken pursuant to this Agreement. ARTICLE IX-REPORTS AND/OR OTHER DELIVERABLES Upon request and to the full extent permitted by applicable law, the parties will share with each other final reports of incidents involving both parties. ARTICLE X-PROPERTY UTILIZATION Unless otherwise agreed to in writing by the parties, any property furnished by one party to the other will remain the property of the furnishing party. Any property furnished one to another during the performance of this Agreement will be used and/or returned in the same condition received except for normal wear and tear in project use, or disposed of as set forth in NPS Property Management Regulations. Property management standards set forth in 43 CFR ~ 12.933 through 12.935 apply to this Agreement. ARTICLE XI-MODIFICATION AND TERMINATION A. This Agreement may be modified only by a written instrument executed by the parties. 120 days prior to the expiration date, the agreement shall be reviewed to determine if a new 5-year agreement is needed. This Agreement shall be reviewed by all parties annually. Modifications within the scope of this Agreement shall be made by the issuance of a written modification, signed and dated by all Parties, prior to any changes being performed. No party is obligated to fund any changes not properly approved in advance. B. Any party may terminate this Agreement by providing the other party with thirty (30) days of written notice. In the event that one party provides the other party with notice of its intention to terminate, the parties will meet promptly to discuss the reasons for the notice and to try to resolve the differences. ARTICLE XII-GENERAL & SPECIAL PROVISIONS A. General Provisions 1.0MB Circulars and Other Regulations - The following OMB Circulars and other regulations are incorporated by reference into this Agreement. a. OMB Circular A-IIO, as codified by 43 CFR Part 12, Subpart F, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations"; b. OMB Circular A-I22, "Cost Principles for Non-Profit Organizations". c. OMB Circular A-133, "Audits ofInstitutions of Higher Education and Non-Profit Organizations"; d. 43 CFR Part 12, Subpart D, "Government-wide Debarment and Suspension (Non- procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)"; e. 43 CFR Part 12, Subpart D, "Buy American Requirements for Assistance Programs"; f. FAR Clause 52.203-12, Paragraphs (a) & (b), "Limitation on Payments to Influence Certain Federal Transactions." B. Special Provisions 1. Non-Discrimination - All activities pursuant to this Agreement shall be in compliance with the requirements of Executive Order 11246; Title VI of the Civil Rights Act of 1964, as amended, (78 Stat 252; 42 US C. Paragraphs 2000d et ~.); Title V, Section 504 of the Rehabilitation Agreement H9506075003 Page 70f9 . , Act of 1973, as amended, (87 Stat. 394; 29 USe. Para-graph 794); the Age Discrimination Act of 1975 (89 Stat. 728; 42 USC Paragraphs 6101 et ~.); and with all other federal laws and regulations prohibiting discrimination on grounds of race, color, sexual orientation, national origin, disabilities, religion, age, or sex. 2. Lobbying Prohibition - 18 US e. j 1913, Lobbying with Appropriated Moneys, as amended by Public Law 107-273, Nov. 2, 2002 - No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Members or official, at his request, or to Congress or such official, through the proper official channels, requests for legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter-intelligence, intelligence, or national security activities. Violations of this section shall constitute violations of section 1352(a) of title 31. 3. Anti-Deficiency Act - 31 USe. Paragraph 1341 - Nothing contained in this Agreement shall be construed as binding the NPS to expend in anyone fiscal year any sum in excess of appropriations made by Congress for the purposes of this Agreement for that fiscal year, or other obligation for the further expenditure of money in excess of such appropriations. 4. Minority Business Enterprise Development - Executive Order 12432 - It is federal policy to award a fair share of contracts to small and minority firms. The NPS is strongly committed to the objectives of this policy and encourages all recipients of its Cooperative Agreements to take affirmative steps to ensure such fairness by ensuring procurement procedures are carried out in accordance with 43 CFR Paragraph 12.944 for Institutions of Higher Education; Hospitals and other Non-Profit Organizations, and 43 CFR Paragraph 12.76 for State and Local Governments. 5. Publications of Results of Studies No party will unilaterally publish ajoint publication without consulting the other party. This restriction does not apply to popular publication of previously published technical matter. Publications pursuant to this Agreement may be produced independently or in collaboration with others; however, in all cases proper credit will be given to the efforts of those parties contribution to the publication. In the event no agreement is reached concerning the manner of publication or interpretation of results, either party may publish data after due notice and submission of the proposed manuscript to the other. In such instances, the party publishing the data will give due credit to the cooperation but assume full responsibility for any statements in which there is a difference of opinion. C. Certifications - The following certification is required in accordance with the above provisions and made part of this Agreement: DI-2010, U.S. Department of the Interior Certification Regarding Debarment, Suspension and Other Responsibility Matters, Drug-Free Workplace Requirement and Lobbying. This form is available on the website: wcp.den.nps.gov/links.html#page. Agreement H9506075003 Page 8 of9 ARTICLE XIV-ATTACHMENTS In addition to the attachments previously specified in this Agreement, the following document is incorporated by reference and made a part of this Agreement: Form SF-424, "Application for Federal Assistance" ARTICLE XV-SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) set forth below. 0 FOR THE NATIONAL PARK SERVICE (2q;JCl1t It 7J1 ~k Sue 'McGill ! Acting Superintendent Olympic National Park 3PS?~O Date e:::::z Contracting Officer Olympic National Park H!rS;:' Date FOR THE CITY OF PORT ANGELES AND THE CLALLAM COUNTY FIRE DISTRICTS/DEPARTMENTS: . ," , Dan McKeen Fire Chief City of Port Angeles Date Jim Johnson Date Fire Chief Clallam County Fire District 4 Jon Bugher Date Fire Chief Clallam County Fire District 2 Greg McMahon Date Commissioner Clallam County Fire District 5 . I ' . Richard Ruud Date Chairman Clallam County Fire District 2 Dennis Johnson Date Chairman Clallam County Fire District 6 Richard Houts Date Commissioner Clallam County Fire District 3 Agreement H9506075003 Page 9 of9 ARTICLE XIV-ATTACHMENTS In addition to the attachments previously specified in this Agreement, the following document is incorporated by reference and made a part of this Agreement: Form SF-424, "Application for Federal Assistance" ARTICLE XV-SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) set forth below. FOR THE NATIONAL PARK SERVICE Sue McGill Acting Superintendent Olympic National Park Date Rodney 1. Roberson Contracting Officer Olympic National Park Date FOR THE CITY OF PORT ANGELES AND THE CLALLAM COUNTY FIRE DISTRICTS/DEPARTMENTS: , f ' . CA- (p I d~ J 0 ~ Date . , ' , Dan McKeen Fire Chief City of Port Angeles Jim Johnson Date Fire Chief Clallam County Fire District 4 Jon Bugher Date Fire Chief Clallam County Fire District 2 Greg McMahon Date Commissioner Clallam County Fire District 5 Richard Ruud Date Chairman Clallam County Fire District 2 Dennis Johnson Date Chairman Clallam County Fire District 6 Richard Houts Date Commissioner Clallam County Fire District 3 Agreement H9506075003 Page 9 of9 ARTICLE XIV-ATTACHMENTS In addition to the attachments previously specified in this Agreement, the following document is incorporated by reference and made a part of this Agreement: Form SF-424, "Application for Federal Assistance" ARTICLE XV-SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) set forth below. FOR THE NATIONAL PARK SERVICE Sue McGill Acting Superintendent Olympic National Park Date Rodney J. Roberson Contracting Officer Olympic National Park Date FOR THE CITY OF PORT ANGELES AND THE CLALLAM COUNTY FIRE DISTRICTS/DEPARTMENTS: . . ' . , , .f , Dan McKeen Fire Chief City of Port Angeles Date Jim Johnson Date Fire Chief Clallam County Fire District 4 ~c~ ~ Bugher Date Fire Chief . . Clallam County Fire District 2 Greg McMahon Date Commissioner Clallam County Fire District 5 f.t;f~~ Richard Ruud' , Date Chairman Clallam County Fire District 2 Dennis Johnson Date Chairman Clallam County Fire District 6 Richard Houts Date Commissioner Clallam County Fire District 3 Agreement H9506075003 Page 9 of9 ARTICLE XIV-ATTACHMENTS In addition to the attachments previously specified in this Agreement, the following document ~s incorporated by reference and made a part of this Agreement: Form SF-424, "Application for Federal Assistance" ARTICLE XV-SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) set forth below. . . ' FOR THE NATIONAL PARK SERVICE Sue McGill Acting Superintendent Olympic National Park Date Rodney 1. Roberson Contracting Officer Olympic National Park Date FOR THE CITY OF PORT ANGELES AND THE CLALLAM COUNTY FIRE DISTRICTS/DEP ARTMENTS: . ," , Dan McKeen Fire Chief City of Port Angeles Date Jim Johnson Date Fire Chief Clallam County Fire District 4 Jon Bugher Date Fire Chief Clallam County Fire District 2 Greg McMahon Date Commissioner Clallam County Fire District 5 Richard Ruud Date Chairman Clallam County Fire District 2 Dennis Johnson Date Chairman Clallam County Fire District 6 j)tltfMJ ~> Richard Houts Commissioner Clallam County Fire District 3 J[]--O ? Date , . ' . ' Agreement H9506075003 Page 9 of9 . ' ARTICLE XIV-ATTACHMENTS In addition to the attachments previously specified in this Agreement, the following document is incorporated by reference and made a part of this Agreement: Form SF-424, "Application for Federal Assistance" ARTICLE XV-SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) set forth below. FOR THE NATIONAL PARK SERVICE , I ' . Sue McGill Acting Superintendent Olympic National Park Date Rodney J. Roberson Contracting Officer Olympic National Park Date FOR THE CITY OF PORT ANGELES AND THE CLALLAM COUNTY FIRE DISTRICTS/DEPARTMENTS: . , of , Dan McKeen Fire Chief City of Port Angeles Date ~2~8 J on Bugher Date Fire Chief Clallam County Fire District 2 Greg McMahon Date Commissioner Clallam County Fire District 5 Richard Ruud Date Chairman Clallam County Fire District 2 Dennis Johnson Date Chairman Clallam County Fire District 6 Richard Houts Date Commissioner Clallam County Fire District 3 Agreement H9506075003 Page 9 of9 , t" . .' ' ARTICLE XIV-ATTACHMENTS In addition to the attachments previously specified in this Agreement, the following document ts incorporated by reference and made a part of this Agreement: Form SF-424, "Application for Federal Assistance" ARTICLE XV-SIGNATURES . . ' . IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) set forth below. FOR THE NATIONAL PARK SERVICE Sue McGill Acting Superintendent Olympic National Park Date Rodney J. Roberson Contracting Officer Olympic National Park Date FOR THE CITY OF PORT ANGELES AND THE CLALLAM COUNTY FIRE DISTRICTS/DEP ARTMENTS: , , . , Dan McKeen Fire Chief City of Port Angeles Date Jim Johnson Date Fire Chief Clallam County Fire District 4 Lg4~V !f/&M - Greg McMahon ~ Commissioner Clallam County Fire District 5 Jon Bugher Date Fire Chief Clallam County Fire District 2 Richard Ruud Date Chairman Clallam County Fire District 2 Dennis Johnson Date Chairman Clallam County Fire District 6 Richard Houts Date Commissioner Clallam County Fire District 3 . .' ' . Agreement H9506075003 Page 9 of9 . ' . ARTICLE XIV-ATTACHMENTS In addition to the attachments previously specified in this Agreement, the following document is incorporated by reference and made a part of this Agreement: Form SF-424, "Application for Federal Assistance" ARTICLE XV-SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) set forth below. FOR THE NATIONAL PARK SERVICE Sue McGill Acting Superintendent Olympic National Park Date Rodney J. Roberson Contracting Officer Olympic National Park Date FOR THE CITY OF PORT ANGELES AND THE CLALLAM COUNTY FIRE DISTRICTS/DEP ARTMENTS: Dan McKeen Fire Chief City of Port Angeles Date Jim Johnson Date Fire Chief Clallam County Fire District 4 Jon Bugher Date Fire Chief Clallam County Fire District 2 Greg McMahon Date Commissioner Clallam County Fire District 5 ~~/1108 Dennis Johnson Date Chairman Clallam County Fire District 6 Richard Ruud Date Chairman Clallam County Fire District 2 Richard Houts Date Commissioner Clallam County Fire District 3 Agreement H9506075003 Page 9 of9 U6/21/200~) "Be~ky Upton _ Contrcict!Agfeem~nf~xpira!ions:<" '": " . P~ge 1 J From: To: Date: Subject: Becky Upton Dan McKeen 6/21/2006 3:29 PM Contract/Agreement Expirations I am sendmg courtesy e-mails to various Department Heads with respect to contracts and agreements that may need attention, as follows: CIty Clerk File No. 4.95: Clallam County Emergency Medical Services Council, Inc. - MedIc I Certification Program - Medical Services Director - expires 12/31/06 w/extension option City Clerk File No. 5.628: Roger A. Zegers, dba Systems Design - Ambulance Transport Billing - expires 12/31/06 City Clerk File No. 5.145: Mutual Aid Agreement for ProvIsion of Emergency Services. I know we did the mutual aid agreement with Fire Districts 2, 3, and 4, but what about OlympiC National Park? ThiS particular agreement expired as of 4/1/06. Becky From: To: Date: Subject: Becky Upton DMCKEEN 3/29/02 2 19pm Contract / Agreement EXpirations Below IS a list of contracts / agreements scheduled to expire dUring the remainder of this year This e-mail is only Intended to serve as a secondary reminder of the upcoming expirations - - FYI Becky File No 5 145 - U.S. Coast Guard Air Station - provIsion of fire protection "and medical serviCes - 12/18/01 w/one year automatic renewal to 12/18/02 File No 4 95 - Clallam County Emergency Medical Services Council/Medic I Certification Program / Medical Services Director - expo 12/31/02 5, 1<15 (~) ~ fiLED J'OR RECORD ,\ 1 11:: FEOUE$ r ... ,," P /I. C/+i .r ,tCOp.2i."7;~";;~:~~'~~ ~~~ {~~~'~;~~:'-J: _~~~C(;- 2005 AUG 24 tdi 8: 49 Filed at the Request of: - _ _ ~:~ ~~~~~s ~~~l:S /1111111111111111. P.O.Box1150 2005 1163469 Cfal/am Port Angeles, W A 98362 County G) Interlocal Agreement City Clerk File No.: ~ I W < Agreement between the City of Port Angeles and fAnJ-ld ~t..L. ~ (6~~ 6~ -BIN' 9ld-rd\.- (>~ ~dts. t ~ ()~ .QoA~do-s ~ 1l/~ Purpose-=?, DJ\<:" ~ ()~ ..(4.( { p rotLch" d\-..{'" mat; cc...f $tvu".n.- ~ Dated: {,/08 Jo, \~ It';' DI 5./<15 <" ...:: Memorandum of Agreement Between United States Coast Guard Air Station Port Angeles And City of Port Angeles Fire Department This Agreement entered into this I ~tA... day of <;;).0 {to ,,^~h-', 2001, between the United States Coast Guard (USCG) Air Station Port Angeles and the City of Port Angeles, is for the purpose of providing fire protection and the provision of medical services, by the Port Angeles Fire Department to USCG Air Station Port Angeles. This agreement is entered into between the above-mentioned parties under the authority of Title 15 United States Code Section 2210 et seq. The Port Angeles Fire Department and the USCG Air Station Port Angeles agree that: 1. On request made for Port Angeles Fire Department (P AFD) through Peninsula Communications Center (telephone number 9-1-1) by a representative of USCG Air Station Port Angeles, fire fighting and/or medical services shall be dispatched to USCG Air Station Port Angeles as determined and directed by P AFD. 2. Any dispatch of equipment and personnel pursuant to this agreement is subject to the following conditions. a. All requests for fire or emergency medical equipment and personnel are to be made by telephone unless a telephone is unavailable. b. Any request for aid under this agreement will include a description by a USCG Air Station Port Angeles representative of the type or nature of the fire or emergency to which response is requested and will specify the location to which the personnel and equipment are to be dispatched. However, the P AFD will determine the amount and of equipment and the number personnel to be furnished. 3. When requested by a PAFD representative, USCG Air Station Port Angeles will provide an escort to meet the equipment and personnel at the main gate and guide the P AFD to the location where emergency services are to be rendered. All actions of the P AFD fire and rescue equipment and personnel responding to the emergency shall be at the sole direction of the P AFD. 4. When appropriate, the P AFD will request a representative of USCG Air Station Port Angeles assist information during an emergency incident in a "unified command" structure. The USCG representative shall be knowledgeable of the Air Station's facilities and fire protection systems. Page 1 of3 F \AGREEMENTS&CONTRACTS\USCG-PAFD agmt wpd 5. All equipment used by the PAFD in carrying out this agreement will, at the time of action hereunder, either be owned by or under the control ofP AFD or other agencies, or employed by in accordance with existing Mutual Aid Agreements, and all personnel acting for the P AFD under this agreement will, at the time of such action, either be an employee or volunteer member ofthe P AFD or of another agency acting in accordance with existing Mutual Aid Agreements. 6. Reimbursement to the City of Port Angeles for costs offire suppression activities at USCG Air Station Port Angeles is governed by Section 2210, Title 15, United States Code, and the implemented regulations set forth at Part 151, Title 44, Code of Federal Regulations. Any such claim for reimbursement for firefighting costs may also include cost associated with emergency medical services to the extent normally rendered by a fire service in connection with a fire. Payment for emergency medical services unrelated to fire suppression activities will be in accordance with Chapter 8.36 of the Port Angeles Municipal Code. 7. Nothing in this agreement constitutes an obligation of any funds on the part of the USCG in advance of an appropriation for such funds. 8. Nothing in this agreement is intended to, nor shall operate to, preempt federal law. 9. This agreement does not supplant duly established USCG policy. Any terms in conflict with established USCG policy shall be void. If paragraph 6 of this agreement is deemed void, the entire agreement will be deemed void. 10. Neither this agreement, nor any action to implement it, shall be construed to create any right or benefit, substantive or procedural, legally enforceable by any third party against the United States, the City of Port Angeles, their agencies, instrumentalities, officers, employees, or agents. 11. To aid in implementing this agreement, members of the P AFD, with prior arrangement with Coast Guard's Commanding Officer or his designated representative, are invited to tour the facility for the purpose of preparing a pre-fire plan. USCG Air Station Port Angeles and the P AFD will work cooperatively in the development of each agency's pre-fire plan. IIII IIII IIII Page 2 00 F \AGREEMENTS&CONTRACTS\USCG-PAFD.agmt.wpd 12. The duration ofthis agreement shall be for one year. However, the agreement shall be automatically continued from year to year unless either party wishes to modify or terminate this agreement by providing a letter of intent to modify or terminate with no less than 30 days notice prior to the intended termination or modification date. Said letter shall be sent to the chief executive of the affected party. USCG Air Station \Group Port Angeles Port Angeles, Washington City of Port Angeles Port Angeles, Washin ~Cl'I) --- Capt. W. W. Peterson, Commanding Officer lI'IIHIII'~;'>'." v' ':':!it.. \\" t'l, <i { , \..' r, 'J:. P (},., '.'''"J1 ; I .... \ \.~..: . .. !O- 0..'1 / ....,,. " ~..~... ,""'\ .,.oiJ.1I , :11;".00'-'/ J .~.... ,; ".'" 11-4,. .. .......:,... ~ ~ "'-J; W, :V, \;~&...... c) ; :: I.U: ('~ p f~ 1~ : r.:: :. ',. _,..: l' j t! ~ .. I -: .. 1.... ~ 1. ~ ...J : t'f, ,: .~ 't.... ~. ""1 "-, "i .0 ('1 ,..= -:.:" r)- .... "of,,- r'~< ..- <, ..... ...-:, .tij'--t 04>4 ' I . ",., ....... ~ I~' A! .. 6... II.... ~ ~.. ~ ""- -'{ <',. (' ~\ \.) ,." '11~l.Vt.{}rJ\J ,..' .(J#IIf,';P..tP..... ATTEST: b~~~ J.J.ph Becky J. U , Ci Clerk Page 3 of3 F \AGREEMENTS&CONTRACTS\USCG-PAFD agmt wpd C' ,'. 5. 1-<15 MEMORANDUM OF UNDERSTANDING Master Mutual Aid Agreement For the Provision of Emergency Services to Areas of ~lallam County Participants: Port Angeles Fire Department Clallam County Fire District #3 Olympic National Park ~ ,.. "'~- In consideration of the mutual covenants herein and the benefits to be derived by the citizens residing within their respective boundaries, the parties listed on the title page do hereby agree as follows: 1) PURPOSE The mutual aid agreement is entered into by the listed fire district (herein collectively called the Fire District), the City of Port Angeles, a municipal corporation of the State of Washington (herein called the City), Olympic National Park, in order to provide maximum protection for the lives and property of the citizens residing in their respective boundaries. To this end, the Fire District, City, Olympic National Park, agree to render each other the maximum cooperation practicable in the sharing of personnel, equipment, and technical expertise in order to deal with large fires, military attack, or other disasters or emergencies. The parties agree that the added protection provided to their citizens is, for all purposes, adequate consideration for any costs or expenditures for equipment, personnel, and other resources incurred by the parties. The parties further agree that by pooling available resources the maximum protection to the public can be provided. 2) AUTHORITY The parties, except Olympic National Park, enter into this agreement pursuant to the authority vested in them under the following provisions of the law of the State of Washington: Chapters 38.52, 39.34, and 52.12 and Sections 35.84.040, 52.36.025, and 76.04.135 of the Revised Code of Washington. Olympic National Park enters into this agreement pursuant to Federal Statute of August, 1916, as amended, and PL 91-383, Section 2(a), 84 Stat. 826, 16 USC 1b(1) . 1 ,. ~ ~l 3) DURATION The term of this agreement shall be for sixty (60) months commencing on ____~Ar)];'iL_2_,---.l996-__________ and termination on April 1, 2001 ______________________. This agreement will be automatically renewed for an additional sixty (60) months unless any party objects in writing. 4) MODIFICATION, TERMINATION, AND REVIEW A) Modification: This agreement may be modified by mutual agreement of all parties hereto, executed in the same manner as this agreement. B) Termination: This agreement may be terminated as to any single party when that party gives notice to all the other parties in writing at least sixty (60) days prior to the intended withdrawal from this agreement. C) Review: Within thirty (30) days of execution of this agreement, each party shall provide to every other party an up-to-date list of all equipment and personnel available for mutual aid. This list will be reviewed, revised, or modified by December 30th of each year and a revised copy provided to each party. 5) RENDERING MUTUAL AID A) Response Request for Aid Any party to this agreement may request aid from any other party to this agreement in dealing with fire or other disasters and emergencies. Upon receiving a request for aid, the officer in charge shall: 1) immediately determine if apparatus and personnel are available and can be spared; 2 ~ "1'" .' 2) determine what apparatus might most effectively be dispatched; 3) if necessary or desirable, assign personnel and/or apparatus in accordance with any mutual aid plans of the parties; 4) dispatch the designated apparatus with instructions as to their assigned mission. complete B) Inability to Render Assistance Rendering assistance under this agreement is not mandatory but the parties agree to make good faith efforts to render aid. However, the requesting agency shall be informed of the reason why assistance cannot be rendered. The agency requested to render assistance has the sole authority to determine whether the requested assistance should be rendered. All National Park Service actions under the agreement are subject to the availability of funds, personnel, etc. C) Operational Command The officer in charge, on the scene, of the party requesting assistance shall assume full charge of all apparatus and personnel at the scene of an emergency. Operational command may be relinquished in whole or in part to any senior officer of a party rendering assistance, but the officer in charge is not thereby relieved of responsibility for the operation. D) Consumable Supplies Agencies lubricating responders I available. requesting assistance shall provide motor fuel, fuel, welfare items for firefighters and other and other consumables to the extent supplies are E) Equipment Salvage All persons involved in a mutual aid operation shall exercise due diligence in salvaging lost or damaged equipment and ensuring that it is returned to its rightful owner. 3 , . " . 'y- .. l " -..:::~ 6) LIABILITY AND PARTICIPATION Except as set forth in Chapters 38.52, 52.12 RCW, and Federal Tort Claims Act, 28 USC 2674 et seq. NPS liability is only to the extent authorized by the FTCA, none of the parties of this agreement shall be liable to any other party for damages resulting from loss of equipment, injury to personnel, or payment of compensation arising as a result of assistance rendered under the terms of this agreement. To the extent possible, the agency requesting assistance shall attempt to obtain indemnity and other financial assistance from federal and state or private agencies having such authority and resources to reimburse any losses or liability for damages incurred by any assisting agency. 7) NON-DISCRIMINATION During the performance of this agreement, the parties agree to abide by the terms of Executive Order 1 1 246 on non-discrimination and will not discriminate against any person because of race, color, religion, sex or national origin. The parties will take affirmative action to the extent required and permitted by law to ensure that applicants are employed without regard to their race, color, religion, sex or national origin. The parties will, to the extent required and permitted by law comply with applicable provisions of the ADA. 8) SUPPLEMENTAL MUTUAL AID AGREEMENTS It is understood that the agreements entered into hereunder and any corresponding mutual aid operational plans that may be adopted shall not supplant preexisting mutual aid agreements nor deny the right of any party hereto to negotiate supplemental mutual aid agreements. 9) GOVERNING LAW AND VENUE This agreement is governed by the laws of the State of Washington, and any actions brought hereunder shall be brought exclusively in the Superior Court for the State of Washington in 4 ~r-I', : ,"- .." Clallam County except National Park Service does not litigate in state courts. 10) OFFICIALS NOT TO BENEFIT No member of or delegate to Congress, or resident Commissioner, shall be admitted to any share or part of this agreement, or to benefit that may arise therefrom, but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. EXECUTED this -d~-~---- ~__n day of ~ ______, 1996, for the City of Port Angeles. O~~:~~'-_. EXECUTED this I 8 +~____ day of Clallam County Fire District #3. MO-rc-h --~~-~, 1996, for EXECUTED this A f. ~_____ day of -ftL9-~--~~_, 1996, for Olympic National Park. 5 . . -1' I 5. J-<j5 MEMORANDUM OF UNDERSTANDING Master Mutual Aid Agreement For the Provision of Emergency Services to Areas of Clallam County Participants: Port Angeles Fire Department Clallam County Fire District #2 Clallam County Fire District #3 Clallam County Fire District #4 .;> In consideration of the mutual covenants herein and the benefits to be derived by the citizens residing within their respective boundaries, the parties listed on the title page do hereby agree as follows: 1) PURPOSE The mutual aid agreement is entered into by the listed fire districts (herein collectively called the Fire Districts), the City of Port Angeles, a municipal corporation of the State of Washington (herein called the City), in order to provide maximum protection for the lives and property of the citizens residing in their respective boundaries. To this end, the Fire Districts, City, agree to render each other the maximum cooperation practicable in the sharing of personnel, equipment, and technical expertise in order to deal with large fires, military attack, or other disasters or emergencies. The parties agree that the added protection provided to their citizens is, for all purposes, adequate consideration for any costs or expenditures for equipment, personnel, and other resources incurred by the parties. The parties further agree that by pooling available resources the maximum protection to the public can be provided. 2) AUTHORITY The parties enter into this agreement pursuant to the authority vested in them under the following provisions of the law of the State of Washington: Chapters 38.52, 39.34, and 52.12 and Sections 35.84.040, 52.36.025, and 76.04.135 of the Revised Code of Washington. 3) DURATION The term of this agreement shall be for sixty (60) months commencing on_~___Ap_:Li~_~,___1~~:)6n_~ _ _ _ ___ and termination on __Apr.il_L, 2001 ____ _nn u_' This agreement will be automatically renewed for an additional sixty (60) months unless any party objects in writing. 1 ) . 4) MODIFICATION, TERMINATION, AND REVIEW A) Modification: This agreement may be modified by mutual agreement of all parties hereto, executed in the same manner as this agreement. B) Termination: This agreement may be terminated as to any single party when that party gives notice to all the other parties in writing at least sixty (60) days prior to the intended withdrawal from this agreement. C) Review: Within thirty (30) days of execution of this agreement, each party shall provide to every other party an up-to-date list of all equipment and personnel available for mutual aid. This list will be reviewed, revised, or modified by December 30th of each year and a revised copy provided to each party. 5) RENDERING MUTUAL AID A) Response Request for Aid Any party to this agreement may request aid from any other party ~o this agreement in dealing with fire or other disasters and emergencies. Upon receiving a request for aid, the officer in charge shall: 1) immediately determine if apparatus and personnel are available and can be spared; 2) determine what apparatus might most effectively be dispatched; 3) if necessary or desirable, assign personnel and/or apparatus in accordance with any mutual aid plans of the parties; 4) dispatch the designated apparatus with instructions as to their assigned mission. complete 2 --j B) Inability to Render Assistance Rendering assistance under this agreement is not mandatory but the parties agree to make good faith efforts to render aid. However, the requesting agency shall be informed of the reason why assistance cannot be rendered. The agency requested to render assistance has the sole authority to determine whether the requested assistance should be rendered. C) Operational Command The officer in charge, on the scene, of the party requesting assistance shall assume full charge of all apparatus and personnel at the scene of an emergency. Operational command may be relinquished in whole or in part to any senior officer of a party rendering assistance, but the officer in charge is not thereby relieved of responsibility for the operation. D) Consumable Supplies Agencies lubricating responders, available. requesting assistance shall provide motor fuel, fuel, welfare items for firefighters and other and other consumables to the extent supplies are E) Equipment Salvage All persons involved ip a mutual aid operation shall exercise due diligence in salvaging lost or damaged equipment and ensuring that it is returned to its rightful owner. 6) LIABILITY AND PARTICIPATION Except as set forth in Chapters 38.52, 52.12 RCW, and Federal Tort Claims Act, 28 USC 2674 et seq., none of the parties of this agreement shall be liable to any other party for damages resulting from loss of equipment, injury to personnel, or payment of compensation arising as a result of assistance rendered under the terms of this agreement. To the extent possible, the agency requesting assistance shall attempt to obtain indemnity and other financial assistance from federal and state or private agencies having such authority and resources to reimburse any losses or liability for damages incurred by any assisting agency. 3 7) NON-DISCRIMINATION During the performance of this agreement, the parties agree to abide by the terms of Executive Order 1 1 246 on non-discrimination and will not discriminate against any person because of race, color, religion, sex or national origin. The parties will take affirmative action to the extent required and permitted by law to ensure that applicants are employed without regard to their race, color, religion, sex or national origin. The parties will, to the extent required and permjtted by law comply with applicable provisions of the ADA. 8) SUPPLEMENTAL MUTUAL AID AGREEMENTS It is understood that the agreements entered into hereunder and any corresponding mutual aid operational plans that may be adopted shall not supplant preexisting mutual aid agreements nor deny the right of any party hereto to negotiate supplemental mutual aid agreements. 9) GOVERNING LAW AND VENUE This agreement is governed by the laws of the State of Washington, and any actions brought hereunder shall be brought exclusively in the Superior Court for the State of Washington in Clallam County. 10) OFFICIALS NOT TO BENEFIT No member of or delegate to Congress, or resident Commissioner, shall be admitted to any share or part of this agreement, or to benefit that may arise therefrom, but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. 4 , , . '" .> ......., . ( EXECUTED this City of Port Angeles: r??~ day of OpJ.o 0 , 1996, for the n_ -;q<<8 \,.",ro~~ . ~ Mayor t} /' '6( /lA/J // EXECUTED this _ d-- Ie' day of '1"// ~ Clallam County Fire District #2. , 1996, for ~J ;:-~ Chairman EXECUTED this I ~ +h day of Clallam County Fire District #3. J'1ard) , 1996, for 2 7 .of;- EXECUTED this _ Clallam County Fire District #4. day of ~ A:.-L~ , 1996, for Chairman 5 5. /<15 .t ... .;. GRUPAINST M5000.lB Enclosure (6 -13) Page 1 of 2 MEMORANDUM OF UNDERSTANDING BETWEEN UNITED STATES COAST GUARD AIR STATION PORT ANGELES AND CITY OF PORT ANGELES FIRE DEPARTMENT /qq[p This Agreement, entered into this ~~ day of~, between the United States Coast Guard Air Station Port Angeles and the Port~An~les Fire Department is for the purpose of providing fire protection, the protection of life and property from fire and firefighting, and the provision of emergency medical services, by the Port Angeles Fire Department to USCG Air Station Port Angeles. The Port Angeles Fire Department and Air Station Port Angeles agree that: 1. On request made to Port Angeles Fire Dept. via telephone number 911 by a representative of Air Station Port Angeles designated in this agreement, firefighting and/or emergency medical services (EMS) shall be dispatched to Air Station Port Angeles as determined and directed by Port Angeles Fire Department. 2. Any dispatch of equipment and personnel pursuant to this agreement is subject to the following conditions: a. All requests for fire or emergency medical equipment and personnel shall be made by telephone, unless that number is inoperative or unavailable for any reason. b. Any request for aid under this agreement will include a description by Air Station Port Angeles representative of the type or nature of the fire or emergency to which response is requested, and will specify the location to whicITlthe equipment and personnel are to be dispatched: however, the amount and type of equipment and number of personnel to be furnished will be determined by the Port Angeles Fire Department. 3 The Port Angeles Fire Department equipment and personnel will report to the main gate of Air Station Port Angeles. Air Station Port Angeles will provide an escort to meet the equipment and personnel at the main gate and guide the Port Angeles Fire Department to the location where emergency services are to be rendered. All actions of the Port Angeles Fire Department fire and rescue equipment and personnel in responding to the emergency shall be at.the sole direction of the Port Angeles Fire Department. 4. Reimbursement to the Port Angeles Fire Department for cost of firefighting at Air Station Port Angeles is governed by section 2210, Title 15, United States Code, and the implementing regulations set forth at part 151, Title 44, Code of Federal Regulations. Any such claim for reimbursement for firefighting cost may also include costs associated with emergency medical services to the extent normally rendered by a fire service in connection with a fire. 5. All equipment used by the Port Angeles Fire Department ~n carrying out this agreement will, at the time of action hereunder, be owned by, under the control of, or being employed in accordance w~th existing Mutual Aid Agreements, and all personnel acting for the Port Angeles Fire Department under this agreement will, at the time of such action, be an employee or volunteer member of the Port Angeles Fire Department or acting in accordance with existing Mutual Aid Agreements. GY\c.losu~e (I) , . . . .' ~RUPAINST MSOOO.1B Enclosure (6-13) Page 2 of 2 6. Nothing in the agreement constitutes an obligation of any funds on the part of the U. S. Coast Guard in advance of an appropriation for such funds. 7. Nothing in this agreement is intended to, nor shall operate to, preempt federal law. 8. This agreement does not supplant duly established Coast Guard policy. Any terms ~n conflict with established Coast Guard policy shall be void. 9. Neither this agreement, nor any action to implement it, shall be construed to create any right or benefit, substantive or procedural, legally enforceable by any third party against the United States, the City of Port Angeles, their agencies, instrl~entalities, officers, employees, or agents. 10. As an aid to implementing this agreement, members of the Port Angeles Fire Department with prior arrangement with the Commanding Officer or his designated representative are invited to tour the facility for the purpose of preparing a pre- fire plan. This plan may be reviewed biennially. This agreement shall become effective upon the date subscribed by the last signatory and reviewed on a yearly basis. PHILIP C. VOLK, CAPTAIN U.S. C t Guard Air Station Port Angeles, Washington KI, MAYOR 5. I</S MEMORANDUM OF AGREEMENT Between PORT ANGELES POLICE DEPARTMENT And OLYMPIC NATIONAL PARK NATIONAL PARK SERVICE UNITED STATES DEPARTMENT OF THE INTERIOR THIS AGREEMENT, entered into this ~day of October, 1995, by and between the NATIONAL PARK SERVICE, UNITED STATES DEPARTMENT OF THE INTERIOR, represented by the Superintendent, Olympic National Park, and the PORT ANGELES POLICE DEPARTMENT, represented by the Chief, Port Angeles Police Department. WITNESSETH: WHEREAS, it is the mutual desire of the Port Angeles Police Department and the National Park Service to work in harmony for the common purpose of better protecting life and property of the public they serve by cooperating in the use of trained personnel and equipmenL where unforeseen threats to human life and property within their respective jurisdictions arise; and WHEREAS, the Port Angeles Police Department is desirous of having certain of its officers deputized by the National Park Service; and, WH~REAS, approximately forty-two acres of land, including a portion of the Hurricane Ridge Parkway is under the exclusive jurisdiction of Olympic NaTional Park lie within the city limits of Port Angeles, Washington WHEREAS, within this forty-two acres, Olympic National Park owns and maintains several buildings including the park headquarters, housing area, maintenance area, and visitor's center, the latter of which is electrically alarmed to the Port Angeles Police Department, WHEREAS, the Port Angeles Police Department maintains a twenty-four hour, seven day patrol operation: WHEREAS, the National Park Service has, under the provision of Federal Statute of August 25, 1916, as amended, the General Authorities Act of October 7, 1976, 16 USC lb and 16 USC la-6 (1976), the authority to enter into a Memorandum of Understanding with the Port Angeles Police Department: WHEREAS, the Chier, Port Angeles Police ,Department has, under the authority of RCW Chapter 39.34.080 and the Washington Mutual Aid Peace Officers Powers Act of 1985, the power to enter into a Memorandum of Understanding with the NationaJ Park Service; ane NOW, THEREFORE; the Port Angeles Police Department, herein referred to as the Police Department, acting by and through the Chief, Port Angeles, Washington, ano the National Park Service; herein referred to as the Service, acting by and through the Superintendent, ~, . VJymplc National Park; Port Angeles; ~ashington, agree as follows: A. THE SERVICE WILL: 1. In the event of a need for emergeDCY assistance, ann upon req1lest of the Police Department, the Service will make a gon~ faith " effort to provide available law enforcement personnell search and rescue personnell Service qualified emergency medical techniciansl qualified scuba diversl and/or other necessary personnel and equipment to cooperate with the Police Department in response to the emergency. 2. Hereby authorize the Police Department to monitor and transmit on the Service's assigned frequency for the purpose of assisting field personnel in emergency or non-emergency situations. 3. Under the authorit.y of RCW 37.08.2101 in which the State of Washington reserves the right to serve civil and criminal processes in Olympic National Parkl and the authority of 16 USC la-6 (c)(2)1 in which the National Park Service is authorized to cooperat.e wit.h the State of Washington in the supervision or laws and ordinances of the State of Washington 1 will cooperate with the Police Department by arresting persons wanted on Washington State arrest warrants when such persons are located in the National Park. 4. Cooperate with the Police Department in matters or mutual concern regarding the Drug Awareness and Resistance Education, (D.A.R.E.) and Peer Resollrces In Drug Education 1 (P. R. 1. D. E. ) . 5. Under the authority of 16 USC 1a 6(c)(1), deputize certain members of the Poiice Depart~ent as Special Policemen with the authority to make arrests ror violations of federal law within the exterior bounc.aries of Olympic National Park under the following conditions: a. To make warrantless arrests for offenses against the Uniteo States when committed in the deputy's presence. b. To make arrests for any felony cognizable under the laws of the United States or for any state felony cognizable under the authority of Title 18, use, Sections 7 and 18, if the deputy has reasonable grounds to believe that the person to be arrested has committed or is committing such felony. Whenever this authority is exercised, the Police Department shall notify the Service as soon as possible. 6. Provide necessary training with regard to Service policy, jurisdiction, authority, and federal law. 7. Respond to the scene of any emergency or law enforcement situation occurring on Service property when requested by the Police Department. 8. Coordinate all enforcement actions taken by the Police Department through the federal court system. 8. Reimburse the City of Port Angeles of costs and expenses, excluding regular salaries, incurred by the Police Department for cour~ appearances occurrIng outside of Clallam County, Washington resulting from law enforcement actions provjded under this agreement. B. THE POLICE DEPARTMENT WILL: 1. In the event of a need for emergency assistance, and upon request of the Service, the Police Department wj]l make a good ~ . . r a 1 t:l effort to 9rovide available law enforcement personnel, and other necessary personnel and equipment to cooperate wjth the Service in response to Lhe emergency. 2. Through deputative staIus as SpecIal PolIce Officers for thp , . Na~ional Park Service, provide ini~ial response to emergency and/or other law enforcemen~ si~ua~ions occurring on Service property within the city limits of Port angeles, Washington. 3. Provide routine patrols through the park headquarters complex including the headquarters building, housing area, main~enance area, and visi~ors center. 4. When exercising the authority of Special Police Officer, take appropria~e law enforcement action in compliance with Service policy, federal and state law, and federal rules of criminal procedure. All law enforcemen~ actions will be coordinated through the park's law enforcement office. 5. Hereby au~horize the Service to monitor and transmit on the Police Department's assigned radio frequency for the purpose of assis~ing field personnel in emergency or non-emergency situations. 6. Cooperate wi~h the Service by arresting persons wanted on Service warrants when such persons are located in the Police Department's jurisdic~ion. 7, Cooperate with the Service in ma~ters of mutual concern regarding the Drug Awareness and Resistance Education, (D.A.R.E.) and Peer Resources In Drug Education, (P.R.I.D.E.). C. THE SERVICE AND THE POLICE DEPARTMENT MUTUALLY AGREE: 1. To assume the cost of salaries, food, gasoline, and o~her inciden~al expenses of its own personnel and equipment in emergency si~uations. 2. That during emergency situations, the incident co~Ttander'of the reques~ing agency shall be in charge of the event and the . ~ supervisor of the responding agency will coordinate the activities of his personnel through the officer directing the emergency operation. 3. That the provisions of the Memorandum of Understanding will be applied without regard to race, religion, national origin, political affiliation, sex, age, handicapping condition or other non-merit factors. 4. That this agreement shall be effective upon the date first recited above and shall remain in effect for a five year period subject to a renewal or revision a~ the end of tha~ period. 5. Each agency agrees that officers deputized shall meet the training standards and firearms qualifications established by their respective agency. 6. That this Memorandum of Agreement may be terminated at any time with 60 days written notice from eit~er the Police Department or the Service. Dated: loh J-hr I David K. Morris, Superintendent Olympic National Park Dated: /0'.:16 -7"> ~~ Q j~~ Steve I.J.k, Chief Port Angeles. Washington MEMORANDUM DATE: October 16, 1990 TO: Joan Sargent, Mayor Mack Campbell, Assistant Chief ~ Mutual Aid Agreement - u. S. Coast Guard Cutter Active FROM: RE: Mayor Sargent, Enclosed is an updated version of our existing mutual aid agreement with the U. S. Coast Guard Cutter Active. A change has been made in the third paragraph. District Commander has been changed to Area Commander. Also, the signatures authorizing the agreement have been changed. This is an ongoing agreement with the Cutter and is updated as administration changes. Upon your signature, I shall return a copy of this agreement to the Active and retain a copy in our mutual aid file. Thank you for your consideration. MC/cw Attachment ...,:~ MEMORANDUM l DATE: October 15, 1990 TO: Chief Larry Glenn, PAFD FROM: Dennis C. Dickson, Assistant City Attorney RE: Renewal of Mutual Aid Aqreement - u.s. Coast Guard I write in supplement to our discussions concerning your request for review of the proposed Mutual Aid Agreement between the City of Port Angeles and the Coast Guard Cutter ACTIVE concerning firefighting. It is my understanding that the agreement, although not explicitly stated therein, pertains only to the Coast Guard Cutter ACTIVE and not to other Coast Guard personnel or facilities, per se. It does appear as though the updated version does not change any of the terms or conditions of the prior agreement, which was entered into in 1987, with the exception of updating the identification of the commanding officer and certain structural changes so far as Coast Guard command is concerned plus reflecting the proper identity of the current mayor. This agreement further does not appear to be in conflict with the Master Mutual Aid Agreement between the City of Port Angeles and various other firefighting districts and governmental entities. Respectfully submitted, D~.~~ Assistant City Attorney DCD:cb cc: Craig D. Knutson, City Attorney -, COMMANDING OFFICER USCGC ACTIVE (WMEX: 618) PORT ANGELES, vlA 98362 MUTUAL FIREFIGYTING-ASSISTANCE AGREEMENT THIS AGREEMENT, made and entered into this ~ day of July ,1987 by and between City of Port Angeles Fire Deparbment and the Commanding Officer, USCGC ACTIVE (WMEX:: 618) WHEREAS each party to this agreement maintains equipment and personnel for the suppression of fires within its own jurisdiction and desires to augment the fire protection available in the event of large or continuous fires, and IT IS THE POLICY of the Coast Guard, this municipality and their governIng bodies to conclude such agreements when they deem them practicable and beneficial. THEREFORE BE IT AGREED THAT: 1. Whenever it is deemed advisable by the senior officer of a fire deparbment, firefighting force, or other authorized representatives of a party to this agreement to request firefighting assistance, he is authorized to do so; and the senior officer or authorized representative on duty of the fire deparbment or firefighting force receiving the request shall take the following action: a. Imnediately determine whether equipment and personnel can be spared in response to the call and what equipment and personnel can most effectively be dispatched ;and b. Determine the exact mission to be assigned in accordance with the detailed plans and procedures of operation drawn in accordance with this agreement by the technical heads of the fire deparbments or forces involved; and c. Dispatch such equipment and personnel as, in his judgement, should be sent, with complete instructions as to the mission, in accordance with the terms of this agreement. 2. The rendering of assistance under the terms of this agreement shall not be mandatory, and the parties assume no responsibility for failure to respond to requests for assistance or for failure of equipuent or personnel in any particular instance where assistance is rendered. 3. To the extent allowed by Federal law, the District Commander, for the Coast Guard, 'waives all claims that the other party indemnify the Coast Guard for injury to or death of personnel, or compensate it for damage to property or for other loss, due to the party's performance of this agreement. Likewise, to the extent allowed by State and other applicable law, the other party waives all claims that the Coast Guard indemnify it for injury to or death of personnel, or compensate it for damage to property or for other loss, due to the Coast Guard's performance of this agreement. ..... .. " 4. Unless otherwise provided herein, the costs incurred by a party in furnishing fire protection and responding to any actual or potential emergency, for or on behalf of the other party, shall be borne by the party providing the protection or responding to the emergency. 5. The technical head of the fire department or force of the requesting service shall assume full charge of the operations. If he asks a senior officer or other authorized representatives of a fire department or force furnishing assistance to assume command, he shall not, by relinquishing command, be relieved of his responsibility for the operation, provided that the personnel and equipment of the agency rendering assistance shall be under the linmediate supervision of the senior officer or authorized representative of the fire department or force rendering assistance. 6. The chief fire officers and personnel of both fire departments or forces are invited and encouraged to visit each other's activities for guided familiarization tours consistent with local security requirements and, as feasible, to conduct inspections and drills involving both departments or forces. 7. The technical heads of the fire departments or forces of the parties to this agreement are authorized and directed to meet and draft any detailed plans and procedures of operation necessary to implement this agreement. Such plans and procedures of operations shall become effective upon signature by the parties. 8. This agreement shall become effective upon the date hereof and shall remain in effect until canceled by mutual agreement of the parties hereto or by written notice by one party to the other party, giving thirty (30) days notice of cancellation. IN WITNESS WHEREOF, the parties have executed this agreement at Port Angeles, Washington on the day and year above written. /Y}4J L. H. HAIL COMMANDER, U. S. Coast Guard Commanding Officer USCCC ACTIVE (WMOC 618) Port Angeles, Washington 1 , , ,# Ii f\ J , {! I ' - Ii "1)' ;'; " , . \ ~ \ -, ~ \ ,I \,\~<t \-vl..'\., \ I \ \ i ~(AXC.Ct ~-- Mayor, Charles D. Whidden City of Port Angeles Port Angeles, Washington j CITY OF PORT ANGELES 321 EAST FIFTH ST , POBOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (206) 457-0411 November 8, 1990 R.F. Rzemieniewski Commander, U.s. Coast Guard USCG Active (WMEC 618) Port Angeles, WA 98362 RE: Updated Mutual Aid Agreement - City of Port Angeles Fire Department and U.S. Coast Guard Cutter Active Dear Commander Rzemieniewski: Enclosed is a fully executed Mutual Aid Agreement between the City of Port Angeles Fire Department and the U.s. Coast Guard Cutter Active. This updated agreement was approved by the Port Angeles City Council at its meeting of November 6, 1990, and is effective as of -, that date. We look forward to the continued cooperation with the us Coast Guard. Sincerely, ~~~~in ~^-- City Clerk BJU:CH Enclosure cc: Fire Department 5. /</5 _.: . It Commanding Officer Port Angeles, WA 98362 USCGC ACTIVE (WMEC 618) (206)452-2342 MUTUAL FIREFIGHTING ASSISTANCE AGREEMENT THIS AGREEMENT, made and entered into this 6th day of November, 1990 by and between City of Port Angeles Fire Department and the Commanding Officer, USCGC ACTIVE (WMEC 618). WHEREAS each party to this agreement maintains equipment and personnel for the suppression of fires wi thin its own jurisdiction and desires to augment the fire protection available in the event of large or continuous fires, and IT IS THE POLICY of the Coast Guard, this municipality and their governing bodies to conclude such agreements when they deem them practicable and beneficial. THEREFORE BE IT AGREED THAT: 1. Whenever it is deemed advisable by the senior officer of a fire department, firefighting force, or other authorized representatives of a party to this agreement to request firefighting assistance, he is authorized to do so; and the senior officer or authorized representative on duty of the fire department or firefighting force receiving the request shall take the following action: a. Immediately determine whether equipment and personnel can be spared in response to the call and what equipment and personnel can most effectively be dispatched; and b. Determine the exact mission to be assigned in accordance with the detailed plans and procedures of the operation drawn in accordance with this agreement by the technical heads of the fire departments or forces involved; and c. Dispatch such equipment and personnel as, in his judgement, should be sent, with complete instructions as to the mission, in accordance with the terms of this agreement. 2. The rendering of assistance under the terms of this agreement shall not be mandatory, and the parties assume no responsibility for failure to respond to requests for assistance or for failure of equipment or personnel in any particular instance where assistance is rendered. 3. To the extent allowed by Federal law, the Area Commander, for the Coast Guard, waives all claims that the other party indemnify the Coast Guard for injury or death of personnel, or compensate it for the damage to property or for the loss, due to the party's performance of this agreement. Likewise, to the .. -:~ ,- extent allowed by the State and other applicable law, the other party waives all claims that the Coast Guard indemnify it for injury to or death of personnel, or compensate it for the damage to property or for other loss, due to the Coast Guard's performance of this agreement. 4. Unless otherwise provided herein, the costs incurred by a party in furnishing fire protection and responding to any actual or potential emergency, for or on behalf of the other party, shall be borne by the party providing the protection or responding to the emergency. 5. The technical head of the fire department or force of the requesting service shall assume full charge of the operations. If he asks a senior officer or other authorized representative of a fire department or force furnishing assistance to assume command, he shall not, by relinquishing command, be relieved of his responsibility for the operation, provided that the personnel and equipment of the agency rendering assistance shall be under the immediate supervision of the senior officer or authorized representative of the fire department or force rendering assistance. 6. The chief fire officers and personnel of both fire departments or forces are invited and encouraged to visit each other's activities for guided familiarization tours consistent wi th local security requirements and, as feasible, to conduct inspections and drills involving both departments or forces. 7. The technical heads of the fire departments or forces of the parties to this agreement are authorized and directed to meet and draft any detailed plans and procedures of operation necessary to implement this agreement. Such plans and procedures of operations shall become effective upon signature by the parties. 8. This agreement shall become effective upon the date hereof and shall remain in effect until canceled by mutual agreement of the parties hereto or by written notice by one party to the other party, giving thirty (30) days notice of cancellation. IN WITNESS WHEREOF, the parties have executed this agreement at Port Angeles. Washington on the day and year above written. , r , . , " , " ~At~ YOR City of Port Angeles " Port Angeles, Washington ~~~~L R. F. RZEMIENIEWSKI COMMANDER, U. S. Coast Guard Commanding Officer USCGC ACTIVE (WMEC 618) Port Angeles, Washington , . -..; , , " ;/ }, ~I., ,....' ~~, "- , , , " . , ~ \ CITY OF PORT ANGELES 321 EAST FIFTH ST , POBOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (206) 457-0411 August 24, 1990 Richard Ruud, Chairman Clallam County Fire District #2 405 Laird Road Port Angeles, WA 98362 RE: Mutual Cancellation of Interim Agreement Dear Mr. Ruud: Attached please find an original and one copy of the agreement cancelling the Interim Agreement Supplementing the General Mutual Aid Agreement. Please note that this cancellation and termination will in no way affect the Master Mutual Aid Agreement of July 28, 1982, which will remain in full force and effect. Please sign where indicated and return the original agreement to my office as soon as possible. You may keep the copy for your records. If you have any questions or concerns, I can be reached at 457-0411, ext. 118. sincerely, Becky J. Upton city Clerk BJU:CH Attachments MUTUAL CANCELLATION OF INTERIM AGREEMENT SUPPLEMENTING GENERAL MUTUAL AID AGREEMENT On November 7, 1989, the City of Port Angeles and Clallam County Fire District No. 2 entered into an Interim Agreement Supplementing General Mutual Aid Agreement, a copy of which is attached hereto as Exhibit A. Due to changes resulting from an increase in personnel and equipment resources available to District, the need for service exchanges provided by the Interim Agreement is no longer necessary. The City of Port Angeles and Clallam County Fire District No. 2 therefore mutually cancel and terminate the Interim Agreement Supplementing General Mutual Aid Agreement entered into by them on November 7, 1989. It is expressly understood and agreed that this cancellation and termination will in no way affect the Master Mutual Aid Aqree- ment of July 28, 1982, which will remain in full force and effect. This Agreement shall take effect on the date signed by the City. IN WITNESS WHEREOF, said parties have caused this contract to be executed by the proper officials this ~ day of J\.l.1i ' 1990. CITY OF PORT ANGELES CLALLAM COUNTY FIRE DISTRICT #2 #:~a~S:W'~~ ATTEST: Chairman ..6Q~~' J)rrmA Becky . U on ,/ City Clerk , 4~ Commissioner Commissioner AS TO CANCEL.AGT Exhibit -A- INTERIM AGREEMENT SUPPLEMENTING GENERAL MUTUAL AID AGREEMENT This interim agreement supplementing the July 28, 1982, Master Mutual Aid Agreement is entered into by and between the City of Port Angeles (hereinafter "city") and Clallam County Fire District No.2 (hereinafter "District") this ~ day OfjJ!~ , 1989, with the understanding that this interim supplemental agreement is not meant to alter, modify or revoke any of the provisions of the Master Mutual Aid Agreement of July 28, 1982. WHEREAS, on July 28, 1982, a Master Mutual Aid Agreement was adopted by the fire districts, municipalities and federal agencies of eastern Clallam County in an effort to provide for the maximum protection for the lives and properties of the citizens residing within their respective boundaries by rendering the maximum cooperation possible in the sharing of manpower, equipment and expertise in dealing with large fires, conflagrations, attack, hazardous materials incidents and other disasters; and WHEREAS, such pooling of resources has shown to provide significantly increased protection for the citizens within each political sUbdivision; and WHEREAS, there exist within the boundaries of District certain areas where, because of geographical location, City's emergency response time is faster than that of District; and - 1 - WHEREAS, by adapting the general principles of the sharing of - manpower and equipment in order to provide the maximum protection for the citizens of each jurisdiction, District and City are willing to provide emergency response in certain geographical areas within the boundaries of the other, provided that such assistance can be accomplished without weakening the emergency response within each jurisdiction; NOW, THEREFORE, in consideration of the promises and covenants herein, to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. City agrees to render to District and District agrees to render to City the following emergency response service with their own forces and not with contracted service, provided that such service shall be rendered at the sole discretion of the party rendering the service and without weakening the response of such party within its own jurisdiction: A. In the geographical area designated as area "A" on the map attached hereto as Exhibit I, generally described as that area south of the City limits along Old Mill Road; and B. In the geographical area designated as area "B" on the map attached hereto as Exhibit I, generally described as that area north of Edgewood Drive and east of Lower Elwha; and C. In the geographical area designated as area "c" on the map attached hereto as Exhibit I, generally described as fEe area north of the southern edge of u.S. Highway 101 west of the - 2 - City limits to Bean Road: the parties will respond as follows: (1) On all structure fires, City and District will respond simultaneously with necessary fire suppression equipment, which in area "B" shall include District's tanker. (2) On all Emergency Medical Service (EMS) calls where private ambulance carrier is known to be unavailable, City will respond with automatic EMS dispatch, which may include either Basic Life Support (BLS) or Advance Life Support (ALS) services as the City in its sole discretion may deem to be available. (3) On all non-structure fires, City will respond with mutual aid upon request. D. In the geographical area designated as area "D" on the map attached hereto as Exhibit I, generally described as the Harborcrest area, the parties will respond as follows: (1) On all structure fires, the District will respond simultaneously with City. (2) On non-structure fires, District will respond with mutual aid upon request. E. In the geographical area designated as area "E" on the map attached hereto as Exhibit I, generally described as the area on Mount Angeles Road south to the Scribner Road intersection, the parties will respond as follows: (1) On all structure fires, the City will respond simultaneously with District. - 3 - (2) On all Emergency Medical Service (EMS) calls where private ambulance carrier is known to be unavailable, ci ty will respond with automatic EMS dispatch, which may include either Basic Life Support (BLS) or Advance Life Support (ALS) services as the City in its sole discretion may deem to be available. (3) On all non-structure fires, City will respond with mutual aid upon request. 2. In all geographical areas not specifically identified in items l-A through l-E above, the City agrees to render to District the following emergency medical service, which may include either BLS or ALS as the City in its sole discretion may deem to be available and as may be rendered without weakening the City IS ability to respond within the City limits: A. If District requests private ambulance for transport and Dispatch determines that none is immediately available, city EMS will be dispatched. B. If Dispatch is already aware that the private ambulance is out of service, on another call, or otherwise not immediately available, Dispatch will automatically dispatch City EMS. C. If, upon the second tone-out of an EMS call within the District, and no District or private responders have acknowledged within approximately four minutes total time, then City EMS will be automatically dispatched. - 4 - 3. All agreements herein are in supplement to the provisions contained in the Master Mutual Aid Agreement and shall not be construed to revoke any provisions of that Agreement. 4. Each party agrees that performances under this Agreement shall be under the condition that said services are able to be performed without weakening responses of the respective parties within their respective jurisdictions. 5. In rendering the performances under this Agreement, the party rendering such performance agrees to protect, indemnify, defend and hold harmless the other party, its officers, agents and employees, from and against all liability, claims, damages, losses, expenses, causes of action and lawsuits, including attorneys' fees, occurring, arising or resulting from the party's rendering of such performance. 6. In rendering the performances under this Agreement, the party rendering such performance shall not charge or attempt to obtain reimbursement from the other party or from any person who is a resident of such other party's jurisdiction. 7. The term of this Agreement shall be for a period of one (1) year. Within said period of time, the Agreement may be terminated upon either party giving thirty (30) days' written notice. S. This contract shall be governed by and construed in accordance with the laws of the state of Washington. If any portion of the contract is held to be legally invalid, the - 5 - remaining portions of the contract shall be in full force and - effect. 9. This contract shall take effect on the date signed by the city. IN WITNESS WHEREOF, said parties have caused this contract to be executed by the proper officials this 7~ day of}l~ , 1989. CITY OF PORT ANGELES CLALLAM COUNTY FIRE ~:;27 ~ ,\ c- ~ \\ '--':\,~~' . ~~~ /JRI. \' /ll~L MAYOR Date /1..7-11 ~~ city Clerk APP"D AS/'i' .FJ~ . (~~ ' / Mt~ City Attorney Date FD. MA - 6 - ,.. . MUTUAL CANCELLATION OF INTERIM AGREEMENT SUPPLEMENTING GENERAL MUTUAL AID AGREEMENT On November 7, 1989, the City of Port Angeles and Clallam County Fire District No. 2 entered into an Interim Agreement Supplementing General Mutual Aid Agreement, a copy of which is attached hereto as Exhibit A. Due to changes resulting from an increase in personnel and equipment resources available to District, the need for service exchanges provided by the Interim Agreement is no longer necessary. The City of Port Angeles and Clallam County Fire District No. 2 therefore mutually cancel and terminate the Interim Agreement Supplementing General Mutual Aid Agreement entered into by them on November 7, 1989. It is expressly understood and agreed that this cancellation and termination will in no way affect the Master Mutual Aid Aqree- ment of July 28, 1982, which will remain in full force and effect. This Agreement shall take effect on the date signed by the ci ty ., IN WITNESS WHEREOF, said parties have caused this contract to be executed by the proper officials this ~ day of Jl..Lli ' 1990. CITY OF PORT ANGELES #:?a~S:~~ ATTEST: CLALLAM COUNTY FIRE DISTRICT #2 ~ ~~ Richard Ruud~r an ~ ..6QO~. JAWA ~ Becky'., U on' ,/ City Clerk commissioner CANCEL.AGT '. Exhibit RAR INTERIM AGREEMENT SUPPLEMENTING GENERAL MUTUAL AID AGREEMENT This interim agreement supplementing the July 28, 1982, Master Mutual Aid Agreement is entered into by and between the city of Port Angeles (hereinafter "city") and Clallam County Fire District No.2 (hereinafter "District") this 7~ day OfJ;~ , 1989, with the understanding that this interim supplemental agreement is not meant to alter, modify or revoke any of the provisions of the Master Mutual Aid Agreement of July 28, 1982. WHEREAS, on July 28, 1982, a Master Mutual Aid Agreement was adopted by the fire districts, municipalities and federal agencies of eastern Clallam County in an effort to provide for the maximum protection for the lives and properties of the citizens residing within their respective boundaries by rendering the maximum cooperation possible in the sharing of manpower, equipment and expertise in dealing with large fires, conflagrations, attack, hazardous materials incidents and other disasters; and WHEREAS, such pooling of resources has shown to provide significantly increased protection for the citizens within each political subdivision; and WHEREAS, there exist within the boundaries of District certain areas where, because of geographical location, City'S emergency response time is faster than that of District; and - 1 - WHEREAS, by adapting the general principles of the sharing of manpower and equipment in order to provide the maximum protection for the citizens of each jurisdiction, District and City are willing to provide emergency response in certain geographical areas within the boundaries of the other, provided that such assistance can be accomplished without weakening the emergency response within each jurisdiction; NOW, THEREFORE, in consideration of the promises and covenants herein, to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. City agrees to render to District and District agrees to render to City the following emergency response service with their own forces and not with contracted service, provided that such service shall be rendered at the sole discretion of the party rendering the service and without weakening the response of such party within its own jurisdiction: A. In the geographical area designated as area "A" on the map attached hereto as Exhibit I, generally described as that area south of the City limits along Old Mill Road; and B. In the geographical area designated as area "B" on the map attached hereto as Exhibit I, generally described as that area north of Edgewood Drive and east of Lower Elwha; and C. In the geographical area designated as area "c" on the map attached hereto as Exhibit I, generally described as the area north of the southern edge of U.S. Highway 101 west of the - 2 - City limits to Bean Road; the parties will respond as follows: (1) On all structure fires, City and District will respond simultaneously with necessary fire suppression equipment, which in area "B" shall include District's tanker. (2) On all Emergency Medical Service (EMS) calls where private ambulance carrier is known to be unavailable, City will respond with automatic EMS dispatch, which may include either Basic Life Support (BLS) or Advance Life Support (ALS) services as the City in its sole discretion may deem to be available. (3) On all non-structure fires, City will respond with mutual aid upon request. D. In the geographical area designated as area "D" on the map attached hereto as Exhibit I, generally described as the Harborcrest area, the parties will respond as follows: (1) On all structure fires, the District will respond simultaneously with City. (2) On non-structure fires, District will respond with mutual aid upon request. E. In the geographical area designated as area "E" on the map attached hereto as Exhibit I, generally described as the area on Mount Angeles Road south to the Scribner Road intersection, the parties will respond as follows: (1) On all structure fires, the City will respond simultaneously with District. - 3 - (2) On all Emergency Medical Service (EMS) calls where private ambulance carrier is known to be unavailable, Ci ty will respond with automatic EMS dispatch, which may include either Basic Life Support (BLS) or Advance Life Support (ALS) services as the City in its sole discretion may deem to be available. (3) On all non-structure fires, City will respond with mutual aid upon request. 2. In all geographical areas not specifically identified in items l-A through l-E above, the City agrees to render to District the following emergency medical service, which may include either BLS or ALS as the City in its sole discretion may deem to be available and as may be rendered without weakening the City I S ability to respond within the City limits: A. If District requests private ambulance for transport and Dispatch determines that none is immediately available, City EMS will be dispatched. B. If Dispatch is already aware that the private ambulance is out of service, on another call, or otherwise not immediately available, Dispatch will automatically dispatch City EMS. C. If, upon the second tone-out of an EMS call within the District, and no District or private responders have acknowledged within approximately four minutes total time, then City EMS will be automatically dispatched. - 4 - 3. All agreements herein are in supplement to the provisions contained in the Master Mutual Aid Agreement and shall not be construed to revoke any provisions of that Agreement. 4. Each party agrees that performances under this Agreement shall be under the condition that said services are able to be performed without weakening responses of the respective parties within their respective jurisdictions. 5. In rendering the performances under this Agreement, the party rendering such performance agrees to protect, indemnify, defend and hold harmless the other party, its officers, agents and employees, from and against all liability, claims, damages, losses, expenses, causes of action and lawsuits, including attorneys' fees, occurring, arising or resulting from the party's rendering of such performance. 6. In rendering the performances under this Agreement, the party rendering such performance shall not charge or attempt to obtain reimbursement from the other party or from any person who is a resident of such other party's jurisdiction. 7. The term of this Agreement shall be for a period of one (1) year. within said period of time, the Agreement may be terminated upon either party giving thirty (30) days' written notice. 8. This contract shall be governed by and construed in accordance with the laws of the state of Washington. I f any portion of the contract is held to be legally invalid, the - 5 - remaining portions of the contract shall be in full force and - effect. 9. This contract shall take effect on the date signed by the city. IN WITNESS WHEREOF, said parties have caused this contract to be executed by the proper officials this 7~ day Of~ ' 1989. CITY OF PORT ANGELES ~d City Clerk ~ CLALLAM COUNTY FIRE 4Si:;27 ~ \ c-- ~ (\'1 '-'';~',~~' ~~ Mtl' ill~L MAYOR Date /1-7";1 APpnD AS T? ,F?~ ' ~ '< / Mttv4~ City Attorney Date FD . MA - 6 - EXHIBIT I \ \ tVJ(.~ AIR STATION Qt PORT ANGELES WASHINGTON 3\1t.tI of s'til1'I't PORT ANCELES HARBOR c;,ity l.t.m!.t.f? to Road Road CITY OF PORT ANGELES 321 EAST FIFTH ST , POBOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (206) 457-0411 November 8, 1989 Clallam County Fire District #2 Commissioner Richard Ruud 405 Laird Road Port Angeles, WA 98362 Dear Mr. Ruud: As you know, the regular meeting, Supplementing the Dispatch Services. for your reference. Port Angeles City Council, at the November 7, 1989 authorized the signing of the Interim Agreement General Mutual Aid Agreement and the Contract for I have enclosed these documents, fully executed, Should you have any questions regarding these direct you to either Fire Chief Larry Glenn or Cleland who can be reached at 457-0411 or 452-4545. documen t s , I would Police Chief Mike We look forward to continued cooperation with Fire District #2. 0c.e.re1Y, Michelle M. Maike City Clerk MMM:CH Enclosures cc: Larry Glenn Mike Cleland r~4 r AMENDMENT to INTERIM AGREEMENT SUPPLEMENTING GENERAL MUTUAL AID AGREEMENT This amendment is made this b'~ day Of~l990 to the Interim Agreement Supplementing General Mutual Aid Agreement made between the CITY OF PORT ANGELES ("City-) and r CLALLAM COUNTY FIRE PROTECTION DISTRICT NO.2 (-District-) on November 7, 1989. For and in consideration of the conditions and covenants contained herein, the parties agree as follows: 1. Paragraph 2 of the Interim Agreement is amended to read as follows: In all geographical areas not specifically identified in items I-A through l-E above, the City agrees to render the District the fOllowing emergency medical service, which may include either BLS or ALS as the City at its sole discretion may deem to be available and as may be rendered without weakening the City's ability to respond within the city limits: If the District requests private ambulance for transport, and dispatch determines that none is immediately available by reason of being out of service, on another call, and/or for another reason, or, i:, upon the second tone-out of an EMS call within the districts the private responder has acknowledged within approximately three minutes total time, the City will then request dispatch of the District's aid vehicle, Aid 2:, lndicati~g in the request for dispatcn that no p~ivate ambulance 1S available. If, upon the send tone-out of the call for dis9atcn of t~e DiStrict ala venicle no d1strict responders have acknowledged within an ), ::-., \, . additional approximately three minutes time, then City EMS will be automatically dispatched. 2. Paragraph I-A-C(2) and paragraph E(2) of the Interim Agreement are each amended to read as follows: On all emergency medical service calls, dispatch will be in accordance with the provisions of paragraph 2. CITY OF PORT ANGELES CLALLAM COUNTY FIRE PROTECTION DISTRICT NO. 2 City ClerK Mayo~ ATTEST: APPROVED AS TO FORM: City Attorney 00 / ./a ~,I ' INTERIM AGREEMENT SUPPLEMENTING GENERAL MUTUAL AID AGREEMENT This interim agreement supplementing the July 28, 1982, Master Mutual Aid Agreement is entered into by and between the City of Port Angeles (hereinafter "City") and Clallam County Fire District No. 2 (hereinafter "District") this 7#:: day Of?/~ , 1989, with the understanding that this interim supplemental agreement is not meant to alter, modify or revoke any of the provisions of the Master Mutual Aid Agreement of July 28, 1982. WHEREAS, on July 28, 1982, a Master Mutual Aid Agreement was adopted by the fire districts, municipalities and federal agencies of eastern Clallam County in an effort to provide for the maximum protection for the lives and properties of the citizens residing within their respective boundaries by rendering the maximum cooperation possible in the sharing of manpower, equipment and expertise in dealing with large fires, conflagrations, attack, hazardous materials incidents and other disasters; and WHEREAS, such pooling of resources has shown to provide significantly increased protection for the citizens within each political sUbdivision; and WHEREAS, there exist within the boundaries of District certain areas where, because of geographical location, City's emergency response time is faster than that of District; and - 1 - WHEREAS, by adapting the general principles of the sharing of manpower and equipment in order to provide the maximum protection for the citizens of each jurisdiction, District and city are willing to provide emergency response in certain geographical areas within the boundaries of the other, provided that such assistance can be accomplished without weakening the emergency response within each jurisdiction; NOW, THEREFORE, in consideration of the promises and covenants herein, to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. City agrees to render to District and District agrees to render to City the following emergency response service with their own forces and not with contracted service, provided that such service shall be rendered at the sole discretion of the party rendering the service and without weakening the response of such party within its own jurisdiction: A. In the geographical area designated as area "A" on the map attached hereto as Exhibit I, generally described as that area south of the City limits along Old Mill Road; and B. In the geographical area designated as area "B" on the map attached hereto as Exhibit I, generally described as that area north of Edgewood Drive and east of Lower Elwha; and C. In the geographical area designated as area "c" on the map attached hereto as Exhibit I, generally described as the area north of the southern edge of u.S. Highway 101 west of the - 2 - city limits to Bean Road; the parties will respond as follows: (1) On all structure fires, City and District will respond simultaneously with necessary fire suppression equipment, which in area "B" shall include District's tanker. (2) On all Emergency Medical Service (EMS) calls where private ambulance carrier is known to be unavailable, city will respond with automatic EMS dispatch, which may include either Basic Life Support (BLS) or Advance Life Support (ALS) services as the City in its sole discretion may deem to be available. (3) On all non-structure fires, City will respond with mutual aid upon request. D. In the geographical area designated as area "D" on the map attached hereto as Exhibit I, generally described as the Harborcrest area, the parties will respond as follows: (1) On all structure fires, the District will respond simultaneously with City. (2) On non-structure fires, District will respond with mutual aid upon request. E. In the geographical area designated as area "E" on the map attached hereto as Exhibit I, generally described as the area on Mount Angeles Road south to the Scribner Road intersection, the parties will respond as follows: (1) On all structure fires, the City will respond simultaneously with District. - 3 - (2) On all Emergency Medical Service (EMS) calls where private ambulance carrier is known to be unavailable, City will respond with automatic EMS dispatch, which may include either Basic Life Support (BLS) or Advance Life Support (ALS) services as the City in its sole discretion may deem to be available. (3) On all non-structure fires, City will respond with mutual aid upon request. 2. In all geographical areas not specifically identified in items I-A through I-E above, the City agrees to render to District the following emergency medical service, which may include either BLS or ALS as the city in its sole discretion may deem to be available and as may be rendered without weakening the city I s ability to respond within the City limits: A. If District requests private ambulance for transport and Dispatch determines that none is immediately available, city EMS will be dispatched. B. If Dispatch is already aware that the private ambulance is out of service, on another call, or otherwise not immediately available, Dispatch will automatically dispatch City EMS. C. If, upon the second tone-out of an EMS call within the District, and no District or private responders have acknowledged within approximately four minutes total time, then City EMS will be automatically dispatched. - 4 - 3. All agreements herein are in supplement to the provisions contained in the Master Mutual Aid Agreement and shall not be construed to revoke any provisions of that Agreement. 4. Each party agrees that performances under this Agreement shall be under the condition that said services are able to be performed without weakening responses of the respective parties within their respective jurisdictions. 5. In rendering the performances under this Agreement, the party rendering such performance agrees to protect, indemnify, defend and hold harmless the other party, its officers, agents and employees, from and against all liability, claims, damages, losses, expenses, causes of action and lawsuits, including attorneys' fees, occurring, arising or resulting from the party's rendering of such performance. 6. In rendering the performances under this Agreement, the party rendering such performance shall not charge or attempt to obtain reimbursement from the other party or from any person who is a resident of such other party's jurisdiction. 7. The term of this Agreement shall be for a period of one (1) year. within said period of time, the Agreement may be terminated upon either party giving thirty (30) days' written notice. 8. This contract shall be governed by and construed in accordance with the laws of the state of Washington. If any portion of the contract is held to be legally invalid, the - 5 - remaining portions of the contract shall be in full force and effect. 9. This contract shall take effect on the date signed by the city. IN WITNESS WHEREOF, said parties have caused this contract to be executed by the proper officials this 7~ day oft1l~ , 1989. CITY OF PORT ANGELES CLALLAM COUNTY FIRE tPCT #2 ~ '~~ V\J~ ~ (I}~ Date //"'7-11 ~ .~ l # City Clerk APP:ROV;EO. AD ~ City At~rney ... Date FD. MA , , \.. . I ., :, ,,' - 6 - EXHIBIT I \ \ f.<::Jct- AIR STATION Qt PORT ANGELES WASHINGTON J\l~tl of s'tVI't PORT ANCELES HARBOR "'g' t.o (1:)- K~2P~J?__2};_<L~~ ;L_~_BS?_<:l:d "E'TARLiSHED 1945 CLALLAM COUNTY RURAL FIRE PROTECTION DISTRICT NO.2 P.O. Box 1391 PORT ANGELES, WASHINGTONm ' _ . '6 ~,~ If: fI ~1' ~ ) ll:~ \Ilfii' JUl S t~l _ds July 6, 1987 Mr. Dave Flodst:rom Ci ty of Port Angel €s POB 1150 Port Angeles, WA 98362 Dear Mr. Flodst:rom: Attached find a copy of the letter f:rom our insurance carrier stating that they are unwilling to continue to insure the City under the tems of the transport mutual aid agreement as it currently stands. We talkedc~about this on the phone the other day and I thought that as an interested party you would want to see it in wri ting"also. ~~6wy Marcia Switzer Secretary "KEEP WASHINGTON GREEN" . ... "..-. yy~ & 9~ J~~, J~. wn FRIENDLY INSURANCE SERVICE ELAINE SANDISON, C.LC., PresIdent 102 East First Street, Port Angeles, Washington 98362 - 457-4442 June 29, 1987 MARCIA SWITZER, Secretary CLALLAM COUNTY FIRE PROTECTION DISTRICT NO. 2 P.O. Box 1391 Port Angeles, Wa. 98362 Dear Marcia: RE: UNIPACKAGE POLICY UP 6711593 UNITED PACIFIC INSURANCE COMPANY 7/1/87 - 7/1/88 We are pleased to send you captioned policy, together for your consideration. herewith renewal certificate for the District's with breakdown of the premium and recommendations Per our telephone conversation, united Pacific has refused to continue coverage for the contractual agreement between the District and the City of Port Angeles as shown on the endorsement attached to the renewal certificate. As explained, United Pacific would give consideration to a different agreement. An extra copy of the Exclusion endorsement is enclosed, which United Pacific has bequested r~ signed and returned. Will appreciate your having it signed and returned to our office. Again, we ,thank you for the privilege of continuing United Pacific's Fire Protection Districts' program for your District. Be sure and let us know if any changes are needed or if you have any questions. Sincerely, 1~:;:IS & ASSOCIATES 1jl14K~ Sandison 770 CITY COUNCIL MEETING June 16, 1987 11. BPA/City/PUD Morse Creek Transmission Agreement - Removed This item was removed from the Agenda, as information was not ready. 12. Ordinance Defining Certain Misdemeanor Offenses Under City's Criminal Code Adopted Mayor Whidden read the Ordinance by title, entitled ORDINANCE NO. 2447 AN ORDINANCE of the City of Port Angeles relating to criminal law and amending Ordinances 2129, 2188, 2213, 2404, and 2442, and Title 9 of the Port Angeles Municipal Code, adding new Chapters 9.24 and 9.42 and a new section to Chapter 9.34. Councilman Quast moved to adopt the Ordinance as read by title. Councilman Stamon seconded. Following discussion, on call for the question, the motion carried. *13. Agreement Between City and Clallam County Fire District No. 2 For Mutual Aid Not Renewed Councilman Hallett moved to concur with the Fire Chief's recommendation and not renew the agreement with Clallam County Fire District No. 2 regarding ambulance assistance. Councilman Schermer seconded. Following discussion, on call for the question, the motion carried. It being after 10:00 P.M., Councilman Stamon moved to continue with the items on the Agenda. Councilman Hallett seconded and the motion carried. 14. Confirmation of Civil Service Interview Board Members for Parking Control Officer Councilman Quast moved to concur with the recommendation of staff to include the following ind~viduals on the interview board for the position of Parking Control Officer: (1) Launne Boice, Parking Control Supervisor, City of Port Townsend; (2) Frank Thayer, Business Manager, Peninsula Collage; (3) Sandra K. Asbe, Human Resources Assistant, City of Port Angeles. Councilman Stamon seconded and the motion carried. VIII CITY COUNCIL COMMITTEE REPORTS/LATE ITEMS Councilman Hesla reported on the Volkswalk held the previous weekend. He stated it seemed to be a success, and there were approximately 600 participants. Upon inquiry, Councilman Hesla also confirmed that suffi- cient funding had been obtained for the Fourth of July fireworks display sponsored by the Chamber of Commerce. He thanked the Volunteer Fire Department for their fundraiser which raised approx~mately $400. Councilman Hallett called attention to Item 10 on the Information Agenda, having to do with the City's Investment Policy; as well as Item 21, which is a utility rate survey which indicates how our rates stack up w~th our peers. He felt both of those items deserved particular attention. Councilman Hallett inquired about the 'rCACC' meeting - ....'nat had been the respopse to the KOMO tclevisjon C'orr.)1'\pr~i:"l_ (:nl1n(,,11,;'r1:- ,"'W') <:-t-;>1",,(1 c:r,r.> d. jLf5 AGREEMENT THIS AGREEMENT is entered into this 15 day of A.UC...uA T 1986, by and between the CITY OF PORT ANGELES (City) and Clallam County Fire Protection District No. 2 (District). WHEREAS, District may at times need assistance from City on emergency medical calls during ~he District's implementation of an experimental EMS program; and WHEREAS, City is willing to provide such assistance provided that the City is protected from liabili ty (~xposure and such assistance is provided without weakening the emergency medical responses within the City of Port Angeles. NOW, THEREFORE, in consideration of the promises and cove- nants contained herein, to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. City agrees to render to District the following emer- gency response service: A. If District requests a private ambulance for transport and Dispatch determines none is iIT~ediately available, the City PAFD-Aid-6 will be dispatched. B. If Dispatch is already aware that the private ambulance is out of service, on another call, or otherwise not immediately available, District EMS responders will be advised so that they may either immediately request a response or upon assessment at the scene ~equest PAFD-Aid-6 be dispatched. C. If upon the second tone-out or EMS call within the District no District or private responders have acknowledged I within approximately four minutes total time, then PAFD-Aid-6 will automatically be dispatched. 2. District agrees to pay City for said emergency response service at the overtime cost of the call-back PAFD personnel, not to exceed One Hundred ($100) Dollars per event. District will pay said fee on a monthly basis within thirty days of billing by the City. 3. District agrees to protect, defend, hold harmless, and indemnify City, its officers, employees, and agents from ~Q.A ~/f5/'60 t "/.<:.sc::PT ,0 '\JE.\-\\ c.I..E.S ~ ~ ~"'/3fo against any and all liability, claims, dlmages, losses, expenses,~KJ.~, causes of action, and lawsuits, including attorney's fees, occurring, arising, or resulting from City's performance of services under this Agreement. District will include City as a named insured under District's insurance policies. 4. District acknowledges and agrees that City's perform- ance of services under this Agreement shall be under the con- di tion that said services may be performed without weakening responses within the City of Port Angeles. 5. The term of this Agreement shall be for a period of one year. Within said period of time the Agreement may be terminated upon either party giving thirty days' written notice. 6. Except as provided herein, wherever this Agreement is not in conflict with the Master Mutual Aid Agreement for the provision of emergency services to areas of eastern Clallam County, said Master Mutual Aid Agreement shall continue in force and effect. -1- . , .. v '''-..../ \...../ IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove written. CITY OF PORT ANGELES BY: ciWv .J). Ji)~o_ MAY 0 R AT'I'EST: ~A~~.~~-/ Sherri L. Anderson, Acting City Clerk APPROVED AS TO FORM: C LLAM COUNTY FIRE PROTECTION DISTRICT NO. 2 BY: ~~~ R chard Ruud -2- PRODUCER WENNER & DAVIS INS. AGENCY, INC. 102 E. FIRST PORT ANGELES, WA 98362 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE CLALLAM COUNTY FIRE PROTECTION DISTRICT NO. 2 Port Angeles, Wa. 98362 COMPANY A LETTER COMPANY B LETTER COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER UNITED PACIFIC INSURANCE COMPANY INSURED . . THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS. AND CONDI- TIONS OF SUCH POLICIES. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE OA TE (MMlOONY) POLICY EXPIRATION OA TE (MMlDONY) LIABILITY LIMITS IN THOUSANDS OCC5~~~NCE AGGREGATE GENERAL LIABILITY COMPREHENSIVE FORM PREMISES/OPERATIONS UNOERGROUND EXPLOSION & COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY UP6711593 7/24/86 7/1/87 BODILY INJURY $ $ PROPERTY DAMAGE $ $ BI&PD $ $ COMBINED 2,000 2,000 . PERSONAL INJURY $ WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY BODILY INJURY $ (PER PERSONj BODILY INJURY $ (PER ACCIDENT) PROPERTY DAMAGE $ BI & PD COMBINED $ BI & PD $ $ COMBINED STATUTORY $ (EACH ACCIDENT) $ (DISEASE-POLICY LIMIT) $ (DISEASE-EACH EMPLOYEE) AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS (PRIV PASS) ALL OWNED AUTOS (OTHER THAN) PRIV PASS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM OTHER DESCRIPTION OF OPERA TIONS/LOCA TIONSNEHICLES/SPECIAL ITEMS This certificate is given in connection with between Clallam County Fire Protection District No. 2 and ADDITIONAL INSURED CITY OF PORT ANGELES 140 West Front Street Port Angeles, Wa. 98362 5/45 COMMANDING OFFICER USCGC CONFIDENCE (WHEC 619) PORT ANGELES~ WA 98362 MUTUAL FIREFIGHTING-ASSISTANCE AGREEMENT THIS 19-B6- by Officer~ AGREEMENT~ made and entered into and between City of Port Angeles USCGC CONFIDENCE (WHEC 619) this 6th day of August Fire Department and the Commanding WHEREAS each party to this agreement maintains equipment and personnel for the suppression of fires within its own jurisdiction and desires to augment the fire protection available in the event of large or continuous fires~ and IT IS THE POLICY of the Coast Guard~ this municipality and their governing bodies to conclude such agreements when they deem them practicable and beneficial. THEREFORE BE IT AGREED THAT: 1. Whenever it is deemed advisable by the senior officer of a fire department~ firefighting force~ or other authorized representatives of a party to this agreement to request firefighting assistance~ he is authorized to do so; and the senior officer or authorized representive on duty of the fire department or firefighting force receiving the request shall take the following action: a. Immediately determine whether equipment and,personnel can be spared in response to the call and what equipment and personnel can most effectively be dispatched; b. Determine the exact mission to be assigned in accordance with the detailed plans and procedures of operation drawn in accordance with this agreement by the technical heads of the fire departments or forces involved; and c. Dispatch such equipment and personnel as~ in his judgement~ should be sent~ with complete instructions as to the mission~ in accordance with the terms of this agreement. 2. The rendering of assistance under the terms of this agreement shall not be mandatory~ and the parties assume no responsibility for failure to respond to requests for assistance or for failure of equipment or personnel in any particular instance where assistance is rendered. 3. To the extent allowed by Federal law~ the District Commander~ for the Coast Guard~ waives all claims that the other party indemnify the Coast Guard for injury to or death of personnel~ or compensate it for damage to property or for other loss~ due to the party's performance of this agreement. Likewise, to the extent allowed by State and other applicable law, the other party waives all claims that the Coast Guard indemnify it for injury to or death of personnel, or compensate it for damage to property or for other loss~ due to the Coast Guard's performance of this agreement. 4. Unless otherwise provided herein, the costs incurred by a party in furnishing fire protection and responding to any actual or potential emergency, for or on behalf of the other party, shall be borne by the party providing the protection or responding to the emergency. 5. The technical head of the fire department or force of the requesting servic~ shall assume full charge of the operations. If he asks a senior officer or other authorized representatives of a fire department or force furnishing assistance to assume command, he shall not, by relinquishing command, be relieved of his responsibility for the operation, provided that the personnel and equipment _ of the agency rendering assistance shall be under the immediate supervision of the senior officer or authorized representative of the fire department or force rendering assistance. 6. The chief fire officers and personnel of both fire departments or forces are invited and encouraged to visit each other's activities for guided familiarization tours consistent with local security requirements and, as feasible, to conduct inspections and drills involving both departments or forces. 7. The technical heads of the fire departments or forces of the parties to this agreement are authorized and directed to meet and draft any detailed plans and procedures of operation necessary to implement this agreement. Such plans and procedures of operations shall become effective upon signature by the parties. 8. This agreement shall become effective upon the date hereof and shall remain in effect until cancelled by mutual agreement of the parties hereto or by written notice by one party to the other party, giving thirty (30) days notice of cancellation. IN WITNESS WHEREOF, the parties hereto have executed this agreement at Port Angeles, Washinaton on the day and year above written. ~2J~ D. J". (WEST . ER, U.S. Coast Guard ~ding Officer USCC~ CONFIDENCE (WMEC 619) Port Angeles, Washington ~Lt.]J. ~~~/ Mayor, Charles D. Whidden City of Port Angeles Port Angeles, Washington MEMORANDUM July 30, 1986 TO: CHIEF GLENN FROM: ASSISTANT CHIEF CAMPBELL ~ RE: MUTUAL AID COAST GUARD CUTTER CONFIDENCE Early in June of this year, Mr. Mike Malone, U. S. C. G. Cutter Confidence, advised me that the Cutter Confidence was a unit un- to itself and not directly affiliated with the air base on Ediz Hook. He also expressed concern about mutual aid fire protection. In as much as the cutter ties up within the city limits of Port Angeles and we would respond to any and all calls within the city, I feel that we could only benefit by a mutual aid agreement. This would formally allow the cutter to dispatch its equipment and man- power to asist us in our time of need. I shelved the request when I discovered that the Confidence was to be reassigned to Baltimore, Maryland. Mr. Malone contacted me yesterday, July 29, about the request. He indicated that a new cutter would replace the Confidence and that the agreement would prevail. I feel that this would be to our benefit, however, perhaps we should be more "generic." Please advise me as to the course of action that you wish me to pursue. Enclosed is a copy of my communications with the City Attorney and a copy of the proposed agreements. y ~~ / J /' MCjcp Enclsoure \ V Y - V ,V 0? Y ~)(r (~ MEMORANDUM June 19, 1986 TO: CRAIG KNUTSON, CITY ATTORNEY FROM: MACK CAMPBELL, ASSISTANT FIRE CHIEF RE: MUTUAL AID AGREEMENT Prior to the annexation of Ediz Hook, the Port Angeles Fire De- partment enjoyed a mutual aid agreement with the Coast Guard Air Station. . . Several weeks ago Mr. Mike Malone from the U. S. Coast Guard Cutter Confidence approached me indicating that the Cutter Con- fidence was a unit unto itself and in no way affiliated with the Coast Guard Air Station. At this time he requested a formal mutual aid agreement between the City of Port Angeles Fire Department and the Coast Guard Cutter Confidence for firefighting and rescue purposes. In as much as the only time that this agreement would be in effect would be when the Cutter Confidence is within the confines of the city limits of Port Angeles, a situation whereas the Port Angeles Fire Department would respond to any situation that they may have, I feel that a reciprocal agreement,whereby they could lend assistance to us both manpower and equipment, could only be advantageous to the City. Enclosed is a draft copy of the proposed mutual aid agreement for your review. Thank you. MC/cp Enclosure M E M 0 RAN DUM June 23, 1986 TO: Mack Campbell, Assistant Fire Chief FROM: Craig Knutson, City Attorney SUBJECT: Mutual Aid Agreement This is in response to your June 19, 1986 request for our review of a proposed mutual aid agreement between the City of Port Angeles Fire Department and the Coast Guard Cutter Confidence for fire fighting and rescue purposes. I have reviewed the pro- posed mutual aid agreement and have no problem approving it as to form and legality. It would have to be approved by the City Council unless the Council has previously delegated a particular City official the authority to enter into mutual aid agreements. {! ~ " Cralg D. CDK:ps - "'" .5 /~.s;- .., ;"" ~{Et:)l)l.U I 1 (11\1 Ii ~~ p..~( t,--UP I" ROI"I Pul~l A!\I(:if:L I::.b t" I I~I::. Ot~PAR 11'1f.:.I\I'r uN t.1"1S Ct->,L.l.b Whr-2'I^(2r~S: FIY'P OlHtrit"t #,~~ lri.::\!..1 ,::\t t lll,~2b need ,3!:~~~1~,t<-\T1r.e ty'on, tl'f> c.'ltt,.J Clf- Pnrt ;:\nge>]ps on Er"lf5 c.",,-i]~: dUl"Jnq th,.:~ '~::Pt=,r'l"'t-.?nLqJ ElVIS p'i"Dql^cllri. Be 'It F{EJ~C')jvefl Tk-\+: ~~heTl thE:-' prlvo-\1.e CtfldJuJi':\11f.f2 ~~f_~Y'Vl(f? J'::; nD+ .::\v'.::\Jl,'1b]("> fell" IIT'fI'(:;) d], i::\ h:.' 1" e~." PDT' "sp in CC I';"j'" j1 f) It.~ " t II f2 I::; 1. t y 0 of I,Jnl" t Angeleo~ l\JJ J l pruvlc!t:) the 1'ol.lollllllC) (:"!rnf-'l'qeTH-~J rp'=>I-'cmc,~; 1. I f t";CI~F fHI:.~ ln~?q'-H?'':; h; a PI' 1 Vcil"h? alflb'.d-=:incf? fUl" '!'r2tTlSPCll"t and cll.r~I-,,,,,-tLh dt>f:;::~t'rrd,TH-)~~ nCH,'~ j!:;-, :IIIIIlIPtlJ",,-1.J!..-l ,:tv-:\i.lable. IJf~i-D - (->,JD-b l!Jl.lJ 8t? dl<-;,p..,h.hf:'d. .1.'1 dJspal.'r.:I, lb cdY'~a(IH riLllclye th~~ Pt'JVr:tte <:-tITdJulancf? J~::; out t)r S',-'l'"V1.ce. on <"l,nClther LcdJ 01" C,')tllf?r'\.tIl"~f.J llt:.t lflII'lIE)cilidJ,::-) <:l,v",,-i.li::\bll-:~. CCHFI-'l)~~,:: Ll"IS rGsponders wlll be cildvlsed so lh~t the~ m~Y e'lther <"" 9'- ., .. lII'lI'lIF~di.a1-ILj l'!-.'(-IUf=~,l ,"l l"f:.'~."PDfI'-:>P. nj". upun ct',;;:s(~Ssrnt:,>llt <'it tile '::"eene, 1-1"211 l'p<Hlesl" PAI":D - Atl)'b b~3 lii<=.pr:1tched. :-S" it upnn the ~-(?c.rJf1r1 1:01''-7' Qut fD,' ,:.In ElviS CAI.I iN CCl~F-IJD.j.j;:.:' nD r'e~"p'_11Idel"':;, f:.'11"IIl::?lr (jjjstl"it.:I: OJ'' f-l1"'lV'~lte, have 2l"-~'T'C!tv18rlqp.cl" (f~PI:"ro"(" iClU'," IIdlll11f-?~; 1clto:<1 tirllP) 1'~,c.l- J) .- A.l n ,S II! 1 I J. <::\1.1 tt'lIrl'::\ 'j" 11_d:l. J.!::I be d J. s~~a t c:hpd. "t. Ihe te€~ 101" lhlS SerV1Cf:> lJ.JJJI. bl:.. thE-' C:''/F.'rI.Jn,l:} C\::Jst lJi" I"hl? f:a.ll--b"'i(-~'. I~AI' 1l Pl?Oplle, nnt l-n p'}((',e,~d one hUlICJrE'}rl rJOJ.L31"S ($] (ZHll,,!iI(ZI) f-'Pl' P.Vf:.~T1t, pi:ticJ IllonthJ!::l. '.J" l.AJh~l"l I!!tn s CDS I: 1"5 'l.lIl'.:url"ed ~:Cr-IJD.J.l:.::: 1.1!11.1 1.J.l t j thf? pati.8nl to 1"8tklvt>I" C.C)~.;-.ts. Sl':!l"l8d l'ld'-::J I. jo..;>!:33 --/L-/2 cuJ if ~( Hi ch.::ird j~u.L\d :\ tD G ~ c:t~ ,_~J_~-vv~.: . ~v~ lrJill.12H1' DOr'.::\n ~ ~~.- Cl".::\ I 9 Eil..iJ:1 t '::~~l" ~ }lliMORANDUM OF UNDERSTANDING 5, ;L/S- MA 9500-82-01 (NPS) .. ~ >-' ~ i MASTER MUTUAL AID AGREEMENT FOR THE PROVISION OF EMERGENCY SERVICES TO AREAS OF EASTERN CLALLP,M COUNTI PARTICIP At."lTS : F{re District #2 (Dry Creek) 'F:re District #2 (Gales Additiun) Fire District n~ Fire_,;'-lllstrict tilt (Joyce) ,-Sequhrf Fi re Dc-partment .Port ;;."gel.2.s Fi;~(~ Department - CJZ~Yijq)J~(; l'!~tioll;::,l C'8>::1: FiTe Sf~T\;,J_('~~ Drv", :' j '_"~I 1, In eonsideration of the' ,(i),\tu.a.\' 'CQv~r'ants, he>.ein ~ and the d8L".i.7cd by the citizens .J""e's"t:ii:ne \\ithic 1:heir: respective auove listed parties d0 he r<:b~r 'olg.,:ee as ilo 1] 0'<78 ~ he~lef:r.t8 to - . ^ bOUfl(j,n:1 t'l!'<,. be thr. '. 1. ,PURPOSES. f' ( .' Th is mutual aid agreeme~1t i~ f:ntE'reci~ J.uto by the Fire DistLll' ts? {h~re.in:afte.c collectiveJy called the Fire District::~) aud the. cities of Sequirns Port Angeles, all ,,-mnic.ip2..l corporations of the State of Washingtvu; ,.(herellla.ft;er : c01 JJ~e..threly calle\..\ Git"i.es) ~ ' and 'Olympic National.Park, in onler ~:o p::ovide th2 maximull; , possible pro,tection for, the lives and' }:rdpp-rty of the cit.L~eu~ ' residing within thier respec.tive bOl'.nd:vrie,s.' To this end ~ the Fire Distri~ts, the Cities, aud the National P31k, agtee to ~'ender eac;h' other the maximum,cooperation pos~ihie in the aharing of manpower, equipment, tech!1,ical' exp~re::be', in order to deal with ' . \ large fires ~ ,conflagration"", military'at,tack, hazar.dous materials 'incident, or other disasters r' "'. " - - The parties further agree l-h-'.it: the .ad,ded' protection, provided to their ci~izen3 is, for al~ purpo~es, adequate c~nsideration for any ~osts,or,e~peuditures ~ox equipment, ~~npuwer, .and other resources incurred by 'the' 'cbntraet~.ng 'pa:r:t5,es. The: parties furthffl't .lgr,e-f> that .it is~ only 'b5' pCCili'1g 'av.:ifiible resources ::hat the. ll1ax~rnum b€ne-fit ,can be ciertved,: aTid maximum pr6tection to the .Rul>lic pl:ovidcd. , 2. AUTHORITY ,.,- . ' . I " The parti~s except Olympic National Park t.:nter into this agreement pursuan~ to the authority vested in them under the following pro- visions of the law of the State of H<lshington: RCH Chapter 38.52 , . .39.34 aou ~2.u8. and Sections '35.84.040. 52.08.030, 52.08.010, and ~2.36.025. Olympic National Park enters this agreement pursuant to Federal Statute of August 25. 1916. as amended. and PL 91-38~ : ...... .- l I[~.... ._ .~ >> Se.ct;i.o.Jj..2(~,,,"84 Stat-. 826,16 'U.S.C. Ib(l). o ... ~.. ';. "'~ .,7 2 3. DURATIO~_ The term of this agreement shall be for sixty (60) months~ commencing on and terminating on Absent modification, termination, or objection by any party, this .agreement will be_automatically reneHed for an additional sixty months. 4. HODn'ICATIO~, TERs.'1INATION. AND REVIE.'W A. -Modification _< - This agreement may only be modified by mutual agreement of a11 parties here,Lo~_executed in -same manner as this agreement. - B. Termination. This agreement .may be terminaLed 85 to any siEgJ..e }?8.rty 1:>711.:;:1:1; that parly gives notice to all the other parties in wr:tting ,,-~t. least 60 days prior to its intended vJithdravral from this_ ag.:ce.em~nt. C. Review Within 30 days of execution of this agreement each party shall provide to ever~ other party an up~to-date list of all equipment and manpoweravallable for mutual aid. This list will be reviewed~ revised or modified by December 30th of each year and a. revised copy provided to each party. 5. RENDERING HUTUAL-ASSISTANCE A. Response to Request for Aid Any party-to this agreement may request aid from any other party to this agreement, in dealing with fire or other emergency. On receiving a request for aid, the officer in charge of the agency receiving the aid request shall: (1) immediately determine if apparatus and personnel are available and can be spared; (2) determine what -apparatus might most effectively be dispatched; (3) if-ne~es~ary,_cr-desirable, assign personnel and apparatus in accordance-with-any mutual aid plans drawn up by members of this agreem~nt; (4) dispatch the designated apparatus with _ complete insiructions as to their assigned mission. . B. _Inability to-Render Assistance Rendering-assistance under this agreemen~ is not mandatory. -However, the requesting agency shall be informed of the reason why ~ssistance cannot be rendered. The agency requested to render assistance has the sole authority to determine whether the requested assistance should be rendered. , . ..., 3 C. ~_ Operational ~Corrrnand The officer in charge, on the scene, of the fire department re- ques ting assistance shall assume full charge of all apparatus and. personnel at the scene of an ernergency. Operational corrmand may _ _ be relinqUished to any senior officer of a fire department ren- ~ dering assistance, but the technical head of the departrrent is ~not thereby relieved. of ~his responsibility for the operation. D. Consurrable Su'pplies Agencies~xequest:irlg assistance shall providE:-~ motor fuel,. h:bri- eating oil f - welfare items for firefighters, and a"ther consumables to the e..,:"t.ent of supplies availal:)le. - E. Equiprrent Salvage All persons mvol ved in a mutual assistanc8 opcra-t i on sball exereise- due diligence in salvaging lost or damaged equipffiP..nt f and in~inq"~that it. is returned to its rightful O'\i\mer. 6. LIABILITY AND PARrICIPATION Except as set fortrl in Rav Section 38.52.0801 38.52.180, 52.08 and 52.08.010, none of the parties to this agreement shall be liable to any other signatory for damages resulting from loss of equipInent, injury to personnel, or payment of compensation arising as a result of assistance rendered under the terms of this agreement. To the extent possible, the agency requesting assistance shall at.tempt to obtain indemnity and other financial assistance from federal and state or private agencies having such authority and resources, to make gcxXl. any losses or - ~iability for damages incurred by any assisting agenC-j Co 7. - OFFICIALS NOT TO BENEFIT No member of or - delegate to Congress, or resident Cormnissioner, shall be admitted i::?::any-share or part of this agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to-this agreement if made with a corporation for its general benefit. - ~ - 8. NON-DISCRII-ITNATION During the_ perfo:rmance of this agreement, the cooperators agree to abide by the terms of Executive Order 11246 on non-discrimination and will not discriminate against any person because of race, color, religion, -sex or national origin. The cooperators will take affirma- tive action to ensure that applicants are employed. without regard to their-race, color, religion, sex or national origin. ,j j ') i,r ,'- ~ .-' ~'t ... :("1~~ . '"1, ~ ~~: EXECUTED this :\t ..--DAY OF Fire District No.2. 4 3"4ll , 1982 for Clallam County <<~..QJ L. ~ Chairman . . EXECUTED th i.R ~A~ OF _~__' Fire District No.-3; , 1982 fo]' Clal1am County EXECUTED this 3-" J)AY OF ~__t 1982 for Clallam County Fire District No.4. EXECUTED this 0<'-1 DAY OF Sequim. EXECUTED this . /1 DAY OF Port Angel~s., ---.-- ., --~---'-_. - ~#. ~ 1982 for the City of ~w NayoI' , 1982 for the City of ~~~~ EXECUTED this', r.i. -~='-:DAY OF 7f~~ Park. 5362A/0085A . , 1982 for Olympic National ~aPd-f. ~ ~~ Superin~ndent J ,-' . .....:e;.) , _, ~ , r;- /. ~ . "./ . .../ ' - ';' :;..~ '; , ",''':' ,. I 7.. ~ ~ -.." '''' ~r1 '-!:."",,: " , ,.', ........~... ,'-;... .......'~ ",- "Il'l; '\' "" 1"'/1'..... .~.~ ';,.{...~;. ..~tl.; r_J~,,~~~.r.{~ ~ .~~':~:i~~1~~~:r~ City of Port Angeles TOURIST MECCA OF THE NORTHWEST 140 WEST FRONT STREET ) PORT ANGELES, WASHINGTON 98362 February 16, 1978 Lynne De Merritt Research Librarian Municipal Research & Services Center of Washington 4719 Brooklyn Ave. N.E. Seattle, Wa. 98105 Dear Lynne: According to our Fire Chief, the attached Agreement was cancelled years ago. r am enclosing a copy of our current Contract with Clallam County Fire District No.2 for your files. Sincerely, ~ e,--~ Marian C. Parrish City Cl erk MCP:cc ~~ !_~ - 4J MUNICIPAL RESEARCH AND SERVICES CENTER OF WASHINGTON in cooperation with ASSOCIATION OF WASHINGTON CITIES 4719 BROOKLYN AVENUE N.E. SEATTLE, WASHINGTON 98105 TELEPHONE 206 . 543-9050 January 30, 1978 Marian C. Parrish, Clerk City of Port Angeles P . O. Box 711 Port Angeles, Washington 98362 Dear Ms. Parrish: The enclosed fire contract was furnished a number of years ago for use as a sample contract to send to other cities in response to requests for information on fire contracts. We would like to update these contracts where possible and would appreciate receiving a copy of the current contract for Port Angeles if different from the one enclosed. Thank you for your assistance. Sincerely yours, ~ 1)0~ Lynne DeMerritt Rewearch Librarian ~rA-- ~~ ~ ~J ~~~. LD:pd \ .' - "" .,- ,.t -<t,.-'*-'" ~ t: ~/l ~..," ,;, <' --~...- t~1: I" 'JUC N' K:. i"~ L h ::1'_ ;':j , ':I,~, "1 .c," v'- Jr- , rr' I ~".__ ,II; I P. "..J>.,.,. ~\ i H:k....._ ( 'f I~.-- [ ;:~J ""l"...... ~:i~~<<: ,'..... ~, -1--- : - ~-" ;,: , :5::f~',;~: \:. . . ' . ,I." '<~ : t'~~ ~': ". ~,J. /'" ''', . ,~ "." , , '; ,,: ,;j,\,}0 ~"' :~"_','~"'. ' :" ~EEHJliI , ~- <:. _: '" -0.. :'.~ "Y..." :, ~~ " ,,"::' .: -... - . ., ; ~ ~ ~:... " ,-- TIlIS AGREEldE~'T made and entered into this 28th day of Augu:st, , 1950, by aoo. ~tween the CITY OF PORT ANGElES, a municipal corporation, -- --- . ~ -"'~ hereinafter designated aa fir13t party, and CLAILUI COUN'l'Y FIRE DISTRICT NO.2, a municipsl corporation, hereir..after designated as :second party t ml'ESSE'rH: That for And in consideration of tbe services hareina!tflr 'agre-ed 1:.0 bo renderod by ths first party to the second party, tha ~acond pe1rty agr>aea to pay to the first party the sum. of Five Thou8aoo Dolara (05,000.00) as follows: One ThQU2J3nd Dollars ($1,000.00) during the montb of :warch in each of the following years: 1951, 1952, 1955, 1954, and 1955: prcrr1ded, hOll8Ter, that it in any ;Ft1J1tr or years the second " ' pArt,- .hall not have available in' its budget sufficient rwxis to maklJ .. -... ~ :,',~',,,:''': h: ":-';'f;., '-''ri'''''';; ,,, " >:'::;,','''-' .' . said payment of One Thousand Dollars, ,!hen ~~" ,~e~o~, party sh.a:U pay , .'':' ,", :c',:.., ',; , ,::",,,', ,: ' ,'.' '0,0-"'" " ,,~', "--:, ,--- "';', ,'; . ,. to tOo firotparty .lII1ob ...o=t. :Le.. than 0.;... Tbou..nd Dollar...., it. .'. . ,:,.~ , -- - ,""..,' . ,':':, '" ",:'>'> :,",,\.\:'<" ':','..-, ,:--",~ .hall h,aVG available arid budgete~" f~r'the ~~8e8 of ,~his ':agraelU8ut; ',:'~'~";;" "/">'::'~~ >u~-._ ,-;-3" ~ _..l . :_:, ;, ~- ......-2 ,-'" and in such event the first party "1' proportionately reduce tb.e',~ ' ~-- ..." _tv 3-~-_,-,~:-...::.- - - -.:.~~< . ~-~' :: :~._-: :;,~~..~:~ ~~~ !Services Mreinart.er agreed to be rendered by it to.the second party: ,\ prorlded, bo;nrftr, that the second party eh3l1 diligently attempt and use all re" ona bla ....an. to ba v. budg.ted .aob. y..r during t boo ~..;".... .~,.., .,.-- ,.'C;.:: , ," ^- ., . ' _ ~ 1 " s :..:~. ~ oJ ' ,~ r' . ' hereof a sufficient amount to pay to the first party tl:>> .full Dum of' ~'::~ ',: '{:" , , ' One Thousand DollarS, and in the .vent the second party caMot so ',','-' - ~ -- :' ~,,-'~ /:. ~ ~ . - -;. ..,' . ~~ ~ - bndg.t s.id 8UlIl or eo. Tb.ousllJlll D~llors, to lik..ns. u.. duo diligsnc. 0 .', and .11 reaaonable means to rodget a~' ProTide 80 much tMre~f as"~c:'~,: --''; - - - .. - ~ po..1bla .,~ , '.!::~', , . ,," .J~~;:"'~;~'~' For and in considers. tion or the peyzente. bDrein proTide<! _for~' ;-~ ~ _ , . ,;0 '. ", _; ',,' " :,,' .', ..,-', f' i< _ .,' .;:" 7:>:: _:: ':r' -- ;,:,:"f~' "';', ~.; 'h .; ;~ :;: '. . tho first part,. ogr... to ~iBbto tbo ...c~Dd party ..~:" :pro~.ctiozi , __', : ' d"';'" ,', " i. ":<'-.:'''<:''':..'. .'....., -0: ',," '. ':- ':.. ,<'{.!,;;'::~~J<;:';4:''':;'''~: ':,' '." during tea years 1951, 1952, 1953'-: 195,('aCd '1955, commene'izlg :0'& 'th8 ,4.,~c, <:~ , ",' .' - '".. --:' ",' . . .., ~.,~::~},:~ ',,:- '.j " '. """, :" ,..:--' ~':' ,"~ ,:-:' '. ::' !1rst dAy of January, 1951 and ..nding on the '~lst day of:Decem~r,-. . ',' _:~::~'.. . '_',: ".- : "" ;., ", ,~, .'. ;~_:: ,"' ',: ".", J 1955, as rollCll'W8:-' That whenever a 'fire : occurs rlthtil the .area embraced ,,' ; , .. _, '., ,', :~:: ':::.;; ''::: .,':.- ";'.'O:~~ ,', , -~, ,;':: /';;c~~'r, ;,. ".,:'.: '-.,' ~ .--.:. " in CUL1Al4 COUNTY FIRE DISTRICT NO'~'::2, ',ot wnich the ,f1r'e'!-';pt.rty' is .- ':' --" ,', ~. ','. :' ,:,.:" ,,' '.":/):-.-:.,;;~,,, ::'~.;"::'~"'<: ,:"":,,~::~.\<.,,,,:,,-, .";::';.->:' IWti!ied b1. t~ second party;: tbejirst pa~t(will" r~spon(L the~to with',' . ,_".,,~,,:;;:;,.^ of',:'~,';., ',,-,_:,"'~~l-:" ";,' ^: ~ ",' at loast tW'O (2) fireQ8na~ g~:"(lj' trip~>"~~ab~ti;~:'~PumpG~';:fr~,",:.j';, -' , _ ~,_... - ~_ 01-.... ' :'. .:l-.~:"::" ,;:" ..~ -, .....:,:...-~' ~ '~': t ~ personnel and equlpme n t 0 f the first party; prcrvid.,d, , hO'n 70 r 1 , .' -~ . ~ :--.-: :-- . " ^~"'" ": ':~,..~ . ~:, '->'::,~" , . " ..r- ,-- - :- r -~ < --.' - '. . . . \ ' -:~ ,<' ,') ~ s,... ..J..... ;-_e i . I L: --.....' i that in thAt portion of tht!l district of tbft second party known AS ~body f~1ghts, ~&ld :lna being immediately adjacent to tbn CITY OF , PCRT AUGE!&S} tbt first p&rty agre~a to turnich at least t;vrt) (2) trncz6 or etoor pi~caa of firo fighting '*G.ui~nt of a t;rpo 3".lit.ll.hla in judt.;.Mut of too first p;:lrty, all fully ~ed, from the permo:l!'..31 3!ld CQt:i~.ant of tha :f'1...rtlt p4rtl' Tn? i'J.1"lAlt p:arty furtn.sr agrl3e:J to iUint.!\L"l wo (2) 4\urllit::.ry tripl8 combins tioo :p::uper.., i.1 the die t.\i~t of the 8GCond party outsiJil of t~ CITY OF P:Jfi.1' ANGEIZS. S!.lC~ 5quip:a:.ent 8hsJ.~ b3 ~pt at lOCJA tione Agre~ I upon by tb.3 J.'L-. C;.:u.tJ1' of tb.o !irzt polrt.r {l~ ~ C~sa1o!':lGr[l o!': thfj I I ,"cooo pi\rty. I'A.U':.n.~ t.b", t.13!"m of thia agree:altlmt antl whil" em::h. ~'.ip- I ~nt is ~.n tb.. pos2.assion cf t~ second party, th~ Decom psrty sh~ll . All t1r~ apptlrllturJ Nll~~ t" the first party and in tta po:lJSeaa- . ion of too 8~::Or.d p4rty \lD.1tJr t~ te~ n'SrfJof ahall at ell t1an ~ ; DUUUlQtd .u.d hanJ.lad by 'Vol1lnteer firl!l:::lieO or the ucom pllrt:r. All !:."J.ch ~ -: r _ : volunteer 1'ire~n shall bg kept covtJr<ld and protected against ,pera'JIUl ir..Jury by th.:J'Volunteer Fi.rnI:l0na Coalpanoation Fund. of t~ St.-to of I : Waahi.ngtcm at to.e Q9xpen8~ of th~ eecond party. All U130 of Ilucb fir. . -~ ~- ~ ; IllppAZ':&tU!3 during th! term hdNlof ahall be undar tM ge.ral rruporvia1on . and oon.trol of the Vim Chit! f of the f'iret party. If &1t any tae during : tha torm beroof ..ueh fire Appsn.tu8 shall bo needed for fire !ight1ng : purpoHlI by t~- 1'1rst party and at such tiJM shall not 1>> in ~a for " ... ~ _. t': - ~ ~-. ~.. :' - --:;......... -- - I .' , . actual :f'1~ t1ght1ng purpoS8l!1 by the second psrty, t~ same shall upea. : call of th.2- first party be ~d1atel y made anllable to th~ first. ~."~, - -- -. :;.- . --- ~-" '- \, '.~-.,.~>- "'-;'~:- ... . pa~:r and at auch t:1m!t bG fully manned by Tolunteer f'irSJ:l8n of tbs 3ecom' ., - , ~ ~ ~, - - ': ~ .....,' :.. ~ ~- I pJ.rty. I , - It at any t~ cr.J.rll4g th8 term hen"! tb3 McCond party mhall . '.. : ~( . ; '" , : .i~. ~: : pnrebasse 31rld1t1Q031 f1.ra !'1ght1n.g ltquip:umt, tho !'1r<rt psrty ldY, in lIUch I I "'. . - - . ~ '. ~ , I 9nnt, witooralJ from tha dbtrict of ths .~~ood ~.r an E\otmt of tha c.; : -'. "- : ;:.... ~:: . ~ ..' - ~~ ~ "-'/T . . ,'" ~ c__ .., ~ _ J' ,- ! . . equi~~t l"';j,'Z"r..tti~\4d b'-/ .t~ 1':lr.!lt par'",,, >i<t-.:.iv..:18tlt tc tbg tlddltio04t.: t.'quip.- : ~~ r ~,-, " - ;, .;.. ",' - . - ~ " <-- - \ -" - I I ' : ~--:i'C.'; i;Urot~5.~ by t.~ NCO'.....:l ~/1rly, >>.nd ~n ti"uch (;~~nt ttla ~ ytt ljI C':. 0 b.:!I I'C in. ~...._. ~.i~--r"': ...-dPla ~c''''>dL - - I ~ - - -~---- ---~-~----- .....;; ~ ' . - _:.' _,\. i. __"J ~;: .:::.':~~;:~,~j~ ::":; ~,:' '/,~c:~:~),)} . .' _ ~ ,.,'. ~c_, ~~ -::- '''''':'' "':; ""~-~'. ..... ;. r!- i. . !l-- .. - ~ >.~-t 'u ~<_. ~ :::";' , ..'-.- . .....-. { , \...." i i '-./ -; ""~~. ,,-'.-'.. , " prv7ic4,,:i fuT ~J;) ue ;;,2F.dr. 0:,:" '~t,~ o~cond p.1 rty to thA :fir 9 ~~ p,su'ty ll1.dy ';)..4j .: P'=-" :,(\~. t. oL ~ no) r,I'I',:../ 1'(1:1 u (' e : . " ,Lil ~('1.~oh,-.". grrl :oI1JH1'l CO:-C'l'M~tioU8 and aD itllllM a,rl ~X:~:1!HJ 0:' t'f""~r:r :':1..lt..l :::)(: t'!!'r.~ir_ -:':;Jt'ci!'i.(~sl.ly Rtipc1~t"d to tr~ fUrr:ish1'ld or p,te! b}' L:ot: ,~'J.t"~t. r~\::-ty ah",:':':' 1'i.'" rurrd~.llJ"d or;:Bl,J r..t. t~ e!~1X'r.~r; OJ.' or by ~~"" l3ar:O(';..1 p:;;,:'1;.~-; p=~~'1r: d~ct , h\1w~"~r, t.bgt U).:~ eecan..! pJ.)~y t!f'i.y l....:l::r~,Ut"~ ._ .r- "'... fr:;, !.Lr;) .f:R~t:l.n.g p'JrpC'3.e~ i:.au 11tt.ach app~:.O\tu~ ";.:l tin}" ,"!.l'~ bydr:.ln~,$ ]::~t.~!.:~~d c'~ ~stntz;;i:it~C~ tJy t~~~ f1r'it ~.::t~/. ~;~: l..~:~'t. ~h~ C -,~,' .._... ..L 'Jr ,y."",... r' "t._ -,. ~~E LEG ot:>\:- tlr<r of ita ort'ic..,...s 01' ",;J}r':!(JY',,,,~ ::Hvil l)o'J ":"1': U;1..Y !<1{I:.:'1<!r l:LilbJ..e :~.tr fl!! l.lUY'tl 1:,0 r~~p()Dj t." calli) f~,r i':l.1.... ~;~',-t;I!"I)'t1;;,a cr p<H.t'onndl, RS C0.:1t~~:.p'~t8C h'.lJ(!rin, m?,d., r::? tr..'! " " , :;'$C ::J:'lt:! p.;..-;:,~- j.l: th~ >'5"':T~rd; U~t. th~ :f'iril De~l'tmlmt of tbe '. f'lr~t. ;:a,~!. 18 J c~,-- ~"';,",:~:'..." ~ ~ ~-- ~.( ", ..... .~ " . tl t t t~ A~ J..~.~ of .;J'uch CR 11, enefJ.g~d in 1] ~htin8 f'Ll:'6:J or dO:Lll,g 'ott~~ ,~ - -~:.:~~~.~< ~_;-: "~~- 'r-~"~~:~'~~~:;~:;~-,. .- ~~r~;<'lZ".I;Y ?: 0'r'k '!;l',i.,;~i:l tttl Cit.y of' Po,!"t Ang:tl~6, or ~s "ot~-9n;:~~~'pf~'>'tlntej , ... .. ~_.-~~ J~,.~~'~~~:~\~),::~~~~__.~ ^ 1';:-0"l1 ~l) Nlt~{.'>':)I:.;:a.ng by any Clil.l~3a r-A'lYcoo their ,,;o!1trol ;':)::T~, fl~ :"r.~F~ll.rt"':, :': ";~< ~ -h 'e-. 1 <: ': ). ~.e Il'~;::,t oS: ;~h.':l 1~~~;:' 'iJ:..U'-:'y Irnal.l, ~ rtCquJ.r~<1 cX'~ly 'to ~..:6tl .-_~ ,-:":.., lil;'ii !n.:(~ .Q ?'~a~or.lJitllf1l r.Jrf(Jrt to r~2!'.x>Hd trJ (~alJ8 , , [01' . {jo 8 S in t4.:1Ce . :}~>.l."1I u '"'" ~.:.:!<t\ \;'.1s';~:/~~:1: -~ "y '.~~j):;f:~~~(:;~: ,.:~ - .'- \- , "-;-. ~;~\~~~- ..~' ;>'~t ~ . from. ~,I":,,'" lfilCOU.d ~).t.;r ~ n~ !G!',~;;:'SS ~:.;:::r.E":;r, tha pAlrll"ls ~rot.~ tAV'e, ~J.rr.u:..nt t.ll'J~..~projJri.a ~ ~ -.-:l -....M" 'f.:1:...... ~r :' : ~~;;,:".,-~:. r-$<H)l:u.ti~~ ~ ,wu;,.d t~~~,Jl! pr."'.ent.$ 't~) hll ~uc\n0d ":Jy oifl,:'~,';:! th:a 2'iT:11 .4.Jr.y of Au~~t, 195D. . ,--:;. ."" -"- . Y' ~ C TI'Y Q1.' PORT ~.. '~>1 - -~~"\ -- " ~: By-- , ", ~vcr ~ -"\ ~ Ai"'! EST: ., ; . ~~\> t' ,.' ~C _4 ,. ,",-",' ---' -" " '.,3:" ~ BiT' "-' . : .d'__ CbaL1"lt:Sn 0 .... ~";' _, ,'" f_ . ': ~" <_ _ "':',,:, '.-:. :"~A'!"1'ES";',' _~ i. .L ~ .'-~ ~'_ -.f. '- ,-, ~'''' .:; "<', _L~ <:.. ~ ~ ~I ," ~:.l ., ',',-.- ~. - , .: - ~r ' "'<" '-J. ,-.1 " " I" \ ":~ ? _: ~ ~,:k~_:1 ,;-, - -~ .' 'l~~,--1 .~ ! ~ -..-... .::---~---.-. =-, ...,-----~--"'---....~ .~~ < '. . J ,Charles C. Ralls .. Director of Civil Defens~ .. Albert D. Rosellini .. Governor In Reply Reference BL-OI06 DEPARTMENT OF CIVIL DEFENSE STATE OF WASHINGTON P. O. Box 519 OLYMPIA January 6, 1961 Mr. Frosty Clare, Director Clallam County Civil Defense 429 So. Lincoln Port Angeles, Washington Dear Mr. Clare: This in reply to your letter of December 23, regarding the fire truck purchased by Fire District No. 2 under project application F-Il. There appears to be several matters involved before a clear de- cision can be made. Although Fire District #2 holds title for purposes of licensing the vehicle, under both federal and state regulations title to all matching fund equipment initially rests with the state unless the political subdivision makes application for transfer. We have never received a request for transfer of the title. Normally title is transferred to the civil defense agency rather than to a specific fire district. When transferred to the civil defense agency the ~quipment should be assigned by the director to the area where it will be of the most benefit to civil defense. It should be pointed out that fire equipment purchased under matching funds was not intended for day-to-day use, but was to be kept in operating condition for use in an emergency and for the training of personnel. Normally the equipment would not be used for non-civil defense purposes except to combat multiple alarm fires or to prevent the destruction of important military or de- fense properties. We are attaching forms for requesting transfer of title of equip- ment. If you wish to request transfer, three copies of the forms should be submitted covering each piece of property to which you wish title. While assignment of the equipment is at your discretion, it would appear that since Port Angeles has one pumper purchased under matching funds, that the pumper purchased by Fire District No.2 should remain in that district. Financial arran~ements between the fire districts involved would not be within the jurisdiction of this office but a local arrangement. Our only concern is that the equipment remain available for Clallam County Civil Defense. We further note in Mr. Wolverton's letter of December 23 that the City has replaced a piece of low band radio equipment with high band and traded in the old equipment toward the purchase. Equip- .r-- J e e Mr. Frosty Clare, Director Clallam County Civil Defense Page 2 Janua;-y 6, 1961 ment purchased with matching funds can be traded in or disposed of only with prior approval of this office and OCDM. Any funds realized from the sale or trade-in must be prorated on the basis of the originallpurchase -- that is 50% to OCDM and 25% to the state if state funds were involved in the original purchase. In order that this matter may be cleared as soon as possible will you advise under which project application the radio was originally purchased. Sincerely, CHARLES C. RALLS Director /s/ Lisle C. Pratt, Jr. Lisle C. Pratt, Jr. Deputy Director LCP:BL:nm Attachment ~~~:;::::: "t,':: '~\,;'. .:'i:~::';,~~:\;:::;!"~ ~ ,:,:?:":::';:~:~:~~";:.,:~:~~'::. ',::' ,.!'~;. ~'/'~*, ,;::1,~_'h\"':~:1.;::"y1:~~~.~~::M:<;~'~1:~z'" ".,' ';. 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SLANKARD City Manager City of Port Angeles TOURIST MECCA OF THE NORTHWEST 140 WEST FRONT STREET PORT ANGELES, WASHINGTON JUNE 28, 1960 HONORABLE NAYOR AND CITY COUNCIL CITY OF PORT ANGELES WASHINGTON GENTLEMEN: THIS INFORMATION IS SUBMITTED FOR YOUR INFORMATION REGARDING THE PRELIMINARY MEETINGS RELATIVE TO A NEW AGREEMENT FOR OUT-OF-TOWN FIRE SERVICE TO SERVE CLALLAM COUNTY FIRE DISTRICT No.2. FOLLOWING ARE SOME STATISTICS THAT WILL HAVE A DIRECT BEARING ON RENEWING THE CONTRACT TO PROVIDE FIRE SERVICE OUTSIDE THE CITY LIMITS: THERE WERE - 383 FIRE CALLS IN THE CITY IN 1959. THERE WERE - 72 FIRE CALLS OUTSIDE THE CITY IN 1959. PERCENTAGE OF OUTSIDE CALLS WAS 18.85%. CITY'S 1959 FIRE DEPARTMENT BUDGET WAS $76,144.00. IN USING THE 1959 BUDGET OF $76,144.00 AS A BASIS AND THE FACT THAT OUR FIREMEN ANSWERED 72 CALLS OUT- SIDE THE CITY WHICH IS 18.85% OF THE CALLS INSIDE THE CITY, IT WOULD APPEAR TH.A;T THE COUNTY DISTRICT No.2 SHOULD PAY THE SUM OF $14,351.62 FOR FIRE SERVICES OUTSIDE THE CITY OF-PORT ANGELES. AT THE PRESENT TIME WE RECEIVE NOTHING. THE PRESENT CONTRACT PROVIDES THAT IT SHALL EXPIRE AT THE END OF 1960. THERE ARE NO OBLIGATIONS ON EITHER PARTY FOR A NEW AGREEMENT. e e . rJ PAGE 2. l'1AYOR AND CITY COUNCIL CITY OF PORT ANGELES WASHINGTON THE CLALLAn COUNTY FIRE DISTRICT FIRE TRUCK IS THE PROPERTY OF BOTH THE CITY AND THE DISTRICT EQUALLY. THE RADIO EQUIPnENT, HOSE AND nISCELLANEOUS EQUIP- nENT BELONGS TO THE CITY. A nEETING WAS HELD AT THE FIRE HALL ON JUNE 28, 1960, TO DISCUSS A NEW CONTRACT. PRESENT WERE THE THREE FIRE DISTRICT C01'IJ:fISSIONERS, FIRE CHIEF WOLVERTON, BATTALION CHIEF THOnpSON AND CAPTAIN NICHOLS. IT WAS QUITE APPARENT THAT THE COnnISSIONERS WANTED TO RENEW THE PRESENT CONTRACT ON THE SAnE BASIS IN THE FUTURE AS IN THE PAST, WHEREBY THE FIRE DISTRICT PAIN $1,000 PER YEAR FOR FIRE PROTECTION IN DISTRICT No.2. THE DISTRICTS FINANCIAL CONDITION IS VERY BAD, BUT THAT IS NO REASON THAT THE CITY SHOULD GIVE FIRE PROTECTION TO AN AREA WITHOUT conPENSATION. IT WAS BROUGHT OUT THAT THE CITY HAD PROVIDED FIRE PROTECrrON FOR ALNOST NOTHING AND HAD PROVIDED POLICE PROTECTION AND WAS FURNISHING WATER AND ELECTRICITY TO nOST OF THE AREA, WHICH WAS PREVENTING THE AREA FROn BECOnING PART OF THE CITY. I HAVE ASKED THE THREE FIRE COnnISSIONERS TO DISCUSS THE nATTER BETWEEN THENSELVES AND WITH THE COUNTY COnnISSIONERS AND SUBnIT THE CITY COUNCIL A PROPOSAL AS SOON AS POSSIBLE. You WILL BE KEPT ADVISED AS TO FUTURE DEVELOpnENTS ON THE AGREEnENT. RESPECTFULLY SUBnITTED, 1'1.W. SLANKARD CITY l1ANAGER \ , \ , \ I , ~ .. '. '-'1 -. ...... e e ....~ ....- "'!.- i. ~GREEMENT THIS AGREEMENT made by and between the CITY OF PORT ANGELES, CLALWIJ. COUNTY, WASHINGTON, a municipal corporation of the State. of Washington, hereinafter termed the City, and CLALLAM COUNTY FIRE PROTECTION DI:::>TRICT NO. 2, Clall~ County, WaShington, a municipal corporation of the State of Washington~ hereinafter termed the Fire District, W I T.N E SSE T H: THAT WHEREAS, the partie s here to are noVl ope ra ti ng under a joint contract of fire protection in both the Fire District and the City and are contemplating and desirous of jointly purchas- ings operating and controlling a fire engine and associated e~ip- ment; and WHERE..t\S, the City of Port Angeles is presently the owner of one unit of .fire-fighting equip~nt, namely a 1943 Ford 500 Gallon Pumper, but at present has not sufficient cash funds avail- able to be devoted toward the purchase of said fire engine and associated equipment; and WHEREAS, the Fire District has certain cash available to be devoted toward the ..purchase of said fire engine and associated equipment and is empowored to issue coupon warrants for its general district purposes; and WHEREAS, the Fire District and the City are empowered under the'laws of the ~tate of Washington to enter into contracts with each other to afford fire. fighting and protection equipment and service or fire prevention facilities in their governmental capaci- ties; and VffiEREAS, the Federal Civil Defense Agency, an agency of the Federal Government of the United States of America and hereinafter termed the FeDA, has offered and the parties have applie d for a grant to these.parties in the amount of approximately one-third of the cost of a fire engine and associated equipment to be purchased by the parties or e1 ther of them; and ViliEREAS, it is deemed in the best public interest of the said municipalities and th e residents thereof and to be within the governmental capacity of said municipalities and to be within the general purposes and powers of said municipalities; NOW, THEREFORE, the parties do hereby agree as follows: 1. That notice of offer for bids for the purchase of said fire engine and associated equipment shall be jointly or separately given by the parties hereto as required by the statutes respectively regulating the purchase of fire fighting equipment by each and that bids shall be made to and considered by the parties hereto and a fire engine and associated equipment shall be bought jointly and in the names of each party as joint ovmer, provided that eaCh municipality shall agree to the eventual type, cost and terms of purchase, reserv- ing separately the right to reject any bids prior to the eventual acceptance, if any~ 2. That the City shall devote to the purchase of said :rire engine and associated equipment the unit of fire fighting equipment above described and such sum of cash as may be available a~ its original contribution toward the share of the City in said equipment. , ~~ .. .. ,,- "" e e 3. That the Fire District shall pay at the time of purchase the sum of Twenty-Five Hundred Dollars ($2,500~00) or more in cash toward the purchase --of said unit and shall pay the balance thereof, less the FCDA grant and the City's contribution, by issu- ance of coupon warrants to the seller or from cash derived from the sale of coupon warrants as the Fire District may determine to be in its best interest. 4. That title to said unit will be taken in the names of both parties and both equally own the same and the City shall house, man, mainta in and operate the unit and the same shall thel~e- after be operated for the joint benefit of the District and the City henceforth or until as hereinafter provided. 5. That it being assumed that the share of the Fire Dist- rict, by the cash and coupon warrants in the purchase of. said unit, will exceed the contribution of the City, the parties do here- by agree to equalize the contribution of the parties as follows: (a)~ The parties do hereby ratify, confirm and extend the mutual aid contract for the provision of fire fight- ing services under which the parties are now operating~ (otherwise to have terminated at the end of the year 1955), for a period of five (5) additional years beyond the origina~ termination date thereof, and by which contract the Fire District is obligated to pay to the City the sum of One Thousand Dollars ($l,OOO.OO) per year for such service. (b)~ In equalizing the contribution of the Fire Dis- trict, whether by annual credit and/or ~ash payment, the City shall credit or pay to the Fire District one- balf of the original greater payment and any interest paid or accrued on coupon warrants representing said one-ha~f, and the annual 'Payment on the agreement set forth in sub-paragraph (a) shall be deemed and agreed to be credited as though ~aid to the City at the rate of One Thousand Dollars ('1,000.00) per year, commencing with the year 1955, and said annual sum deemed a payment by the City towards its equal share in the purchase price of said equipment until the investment of the parties in said equipment shall be equalized, after which equalization the Fire District shall thereafter during the term of the extended contract pay to tae City the sum of One Thousand Dollars ($l,OOO.OO) per year in cash for fire fignting service pursuant to said contract and this agreement,. In the event the last annual credit under the plan of equalization or contribution by the City to the Fire District shall be less than One Thou- sand Dollars ($l,OOO,.OO), the Fire District shall in that year pay to the City the difference in cash to effect said annual sum under said joint agreement~ (0). It is specifically agreed that the City may~ at its option at any time funds are available therefor, liquidate the claim of the Fire District for its excess contribution to the purchase of said fire fighting equipment by paying the Fire ~istrict in cash one-half of the balance of its originaf greater contribution towards purchase of said equipment, plus the interest accrued or paid on the Fire District's coupon warrants representing such one-half. -2- Ja .,A:' e e ... (d). That said present contract for fire fighting services is herein by reference incorporated as though fully set forth herein. 6. That in the event either party to this agreement shall, with the consent of the other, desire to purchase the equity of the other in said fire fighting equipment, it is agreed that the value of said equipment as a basis for such purchase shall be the combined inves~ent in said equipment by the parties hereto, (the amount contributed by the FCDA shall not be considered as a part of the value of said equipment in the event of such sale), and that the purchase price of the interest of the selling party shall be the 'amount of the seller's then investment in sa! d equip- ment, less depreciation at the rate of five per cent. (5%) per annum. AGREED and ADOPT~at a meeting duly called after statutory public notice this /]7 1L day of ~~ , 1954~ CITY OF PORT ANGELES {;~~ - q #i'~. By ATTEST: ----I e. ~. CLALLAM COUNTY FIRE PHOTECTION DISTRICT NO.. 2 By ;". lA~ ~/~9 Chairman IIIZ~~A:a f~~~dd? Secretary dGe~. -3-