HomeMy WebLinkAboutR-2005-004 Yakima County Fire Protection District #12 Interlocal AgreementRESOLUTION NO. R 2005 -04
A RESOLUTION authorizing and directing the City Manager to execute an interlocal
agreement between the City of Yakima and Yakima County Fire
Protection District #12 for the provision of fire investigation services by
dedicated commissioned fire investigators.
WHEREAS, the City of Yakima ("City") and Yakima County Fire Protection District
#12 ("District") are responsible for investigating the origin, cause, circumstances, and extent
of loss of fires within their jurisdictions; and
WHEREAS, the District does not have sufficient resources to provide dedicated
commissioned fire investigators to perform such investigation work; and
WHEREAS, the District desires to secure fire investigation services from the City and
is willing to pay for such services according to the terms and conditions of the attached
interlocal agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima
to provide fire investigation services to the District in accordance with the terms and
conditions of the attached interlocal agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated "Interlocal Agreement for Fire Investigation Services" with Yakima County Fire
Protection District #12 for the provision of fire investigation services by dedicated
commissioned fire investigators.
ADOPTED BY THE CITY COUNCIL this 4th day of January 2005.
ATTEST: Paul P. George, Mayor
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City Clerk
Fire Investigation Services Res
INTERLOCAL AGREEMENT FOR FIRE INVESTIGATION SERVICES
THIS INTERLOCAL AGREEMENT FOR FIRE INVESTIGATION
SERVICES, hereinafter "Agreement," is made and entered by and between the
City of Yakima, a Washington municipal corporation, (hereinafter "City"), and
Yakima County Fire Protection District #12, a Washington municipal corporation,
(hereinafter "District.") This Agreement is entered into by the City under the
authority of RCW 35.22.280 and the District under authority of RCW 52.12.031,
and is in conformity with RCW Chapter 39.34, the Interlocal Cooperation Act.
WHEREAS, the City and the District are responsible for investigating the
origin, cause, circumstances, and extent of Toss of fires within their jurisdictions
and both the City and the District provides their own dedicated commissioned fire
investigators to perform such investigative work; and
WHEREAS, the District does not have commissioned fire investigators for
law enforcement purposes and desires to contract for secure such supplemental
fire investigation services with commissioned law enforcement authority from the
City according to the following terms and conditions; and
WHEREAS, the City desires to provide such supplemental fire
investigation services to the District in accordance with the following terms and
conditions.
NOW, THEREFORE, in consideration of the mutual covenants, promises,
and conditions set forth herein, it is agreed by and between the City and the
District as follows:
1. Purpose. The purpose of this Agreement is to define the scope of
services contracted by the District from the City, set forth the compensation to be
paid by the District for such services, and enumerate other related provisions that
contribute to the mutual benefit of the parties to this Agreement.
2. Term. This Agreement shall be effective at noon on January 1, 2005, and
shall continue until terminated by either party in accordance with Section 12 of
this Agreement.
3. Scope of Services. Upon the request by the District Fire Chief or his
designee and consistent with such request, the City shall provide, to the best of
its ability, fire investigation services to properties and persons contained within
the legal jurisdiction of the District as the District is presently or hereafter may be
constituted. Such investigation services may include physical investigation,
interviews, interrogations, report writing, and data collection. In each
circumstance where fire investigation services are requested, the City shall
appoint one (1) fire investigator to the fire under investigation.
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In the event that the City determines additional investigators or additional
equipment not already on scene is necessary, then such assignment or
designation shall only occur upon the approval of the District Fire Chief and/or his
designee.
It is the intent of the Parties that the City may first assign off duty investigators to
be called in on overtime wages. However, if an off duty investigator is not
available, the day investigator or the engine company investigator will be sent. If
the day investigator or the engine company investigator is sent to the fire
investigation, then the District will be charged only for the overtime wages paid to
back fill the day investigator or engine company investigator position.
The City, subject to the terms, conditions and limitation herein, shall be solely
responsible for control of its personnel, standards of performance, discipline, and
all other aspects of performance by City employees while performing services
under this Agreement.
In the event of simultaneous calls for service whereby facilities and/or resources
of the City are taxed beyond its ability to perform all needed services, the officers
and agents of the City shall have discretion as to the priority handling of such
calls.
Upon request of the District, the City shall provide the District with a copy of any
fire investigation report regarding a fire investigated by the City in the District
pursuant to this Agreement. In the event the City determines from its
investigation of a fire in the District that the cause of the fire was intentional or of
suspicious origin, upon request the City shall provide all evidence of that
determination to the District and, if so requested by the District or on its' own
accord, to the County Prosecutor.
Nothing herein shall obligate the District to request any services from the City.
4. Contractual Payment. In exchange for and in consideration of the
services to be performed by the City, the District agrees to pay the City the actual
cost of performing such services. For the purposes of this Agreement, the "actual
cost of performing such services" shall be interpreted to be consistent with
section 3, above and mean any actual overtime wages incurred by the City
required to be paid to either the City employee performing the fire investigation
services or the employee filling the investigators regularly scheduled duty shift as
required to complete the investigation, exclusive of benefits. The District shall not
be liable for any additional expenses, except as otherwise provided herein and/or
for those approved in advance by the District Fire Chief or his Designee.
The City shall present an invoice to the District at the conclusion of each
investigation performed pursuant to this Agreement or whenever prudent for
bookkeeping. The District shall pay the City within sixty (60) calendar days of
receipt of the invoice.
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5. Administration. After each investigation performed by the City pursuant
to this Agreement, the District Fire Chief and City Deputy Chief shall meet,
together with such other District and City staff as desired, to evaluate the results
of the investigation and to otherwise administer this Agreement.
6. Property Ownership. All property acquired by the City to enable its
contract service performance associated with this Agreement shall be paid for
solely by the City and shall remain the property of the City in the event of
termination of this Agreement, without any obligation of the District in relation to
such property or equipment. Property acquired under the terms of this
Agreement that is jointly owned by the City and the District, if any, shall be
disposed of in such manner as may be negotiated and agreed upon between the
City and the District in the event of termination of this Agreement.
7. Indemnification and Hold Harmless.
a. The District agrees to protect, defend, indemnify, and hold
harmless the City, its officers, elected officials, agents, and employees from any
and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and
other proceedings and all judgments, awards, costs and expenses (including
attorneys' fees and disbursements) caused by or occurring by reason of any act
and/or omission of the District, its directors, officials, officers, employees, agents,
and/or volunteers arising out of or in connection with the activities of the District
under and pursuant to this Agreement including but not limited to any personal
injury, death, and/or property damage claim, demand, lawsuit or other
proceeding brought against the City. The provisions of this Section shall survive
the termination or expiration of this Agreement.
b. Nothing contained in this Section or this Agreement shall be
construed to create a liability or a right of indemnification in any third party.
c. In the event that the officials, officers, agents, and/or employees of
both the District and the City are negligent, each Party shall be liable for its
contributory share of negligence for any resulting suits, actions, claims, liability,
damages, judgments, costs and expenses (including reasonable attorneys' fees).
d. The provisions of this Section shall survive the termination or
expiration of this Agreement.
8. Third Party Action Notification. Each Party shall give the other prompt
notice in writing of any action or suit filed, and prompt notice of any claim made
against the other Party by any person or entity that may result in litigation related
in any way to the services performed pursuant to this Agreement.
9. No Effect on Other Unrelated Agreement; Integration and
Supersession. This Agreement sets forth all of the terms, conditions, and
agreements of the parties relative to the subject matter hereof and supersedes
any and all such former agreements which are hereby declared terminated and
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of no further force and effect upon the execution and delivery hereof. There are
no terms, conditions, or agreements with respect thereto, except as herein
provided and no amendment or modification of this Agreement shall be effective
unless reduced to writing and executed by the parties. Unless specifically
referenced herein, this Agreement shall not modify or alter any existing prior
agreements between the Parties.
10. Severability.
a. If a court of competent jurisdiction holds any part, term or provision
of this Agreement to be illegal, or invalid in whole or in part, the validity of the
remaining provisions shall not be affected, and the parties' rights and obligations
shall be construed and enforced as if the Agreement did not contain the
particular provision held to be invalid.
b. If any provision of this Agreement is in direct conflict with any
statutory provision of the State of Washington, that provision which may conflict
shall be deemed inoperative and null and void insofar as it may conflict, and shall
be deemed modified to conform to such statutory provision.
11. Non -Waiver. The waiver by the District or the City of the breach of any
provision of this Agreement by the other party shall not operate or be construed
as a waiver of any subsequent breach by either party or prevent either party
thereafter enforcing any such provision.
12. Termination. Either party may terminate this Agreement, with or without
cause, by giving the other party forty-five (45) calendar days written notice of
termination. In the event of termination, the District shall compensate the City for
services rendered through the effective date of termination.
13. Notices. Unless stated otherwise herein, all notices and demands shall
be in writing and sent to the parties to their addresses as follows:
TO CITY:
TO DISTRICT:
Dennis Mayo, Fire Chief
City of Yakima Fire Department
401 North Front Street
Yakima, WA 98901
Dave Leitch, Fire Chief
Yakima County Fire Protection District 12
7707 Tieton Drive
Yakima, WA 98908
or to such other addresses as the parties may hereafter designate in writing.
Notices and/or demands shall be sent by registered or certified mail, postage
prepaid or hand delivered. Such notices shall be deemed effective when mailed
or hand delivered at the addresses specified above.
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14. Survival. Any provision of this Agreement that imposes an obligation
after termination or expiration of this Agreement shall survive the term or
expiration of this agreement and shall be binding on the parties to this
Agreement.
15. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
16. Venue. The venue for any action to enforce or interpret this Agreement
shall lie in the Superior Court of Washington for Yakima County, Washington.
17. Non -Exclusive Agreement. The parties to this Agreement shall not be
precluded from entering into similar agreements with other municipal
corporations or public agencies.
18. Compliance with Law. All Parties to this Agreement shall comply with all
applicable federal, state and local laws, rules and regulations in carrying out the
terms and conditions of this Agreement.
19. Neutral Authorship. Each of the provisions of this Agreement has been
reviewed and negotiated and represents the combined work product of all Parties
hereto. No presumption or other rules of construction which would interpret the
provisions of this Agreement in_favor of or against the party preparing the same
shall be applicable in connection with the construction or interpretation of any of
the provisions of this Agreement.
20. Filing. A copy of this Agreement shall be filed with the Yakima County
Auditor pursuant to RCW 39.34.040.
CITY OF YAKIMA
By:
Dick Zais, City Manager
Dated: I - 7 -as
By: iyr/ i,r.z)
Dennis Mayo, City Fire. Ct ief
Dated: /--/6 - G 5
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YAKIMA COUNTY FIRE
PROTECTION DISTRICT NO. 12
Dated: /c a if - o l(
By:
Dav- eitch, Distfict Fire Chief
Dated: P- - aF -0y
ATTEST:
By: ".. Date: 1— 7 -or -
Karen Roberts,
City Clerk
City Contract No.( -2 57)3
Resolution No.X.R6 75 -'S/
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO. k j 0
FOR MEETING OF: January 4, 2005
ITEM TITLE: A resolution authorizing an interlocal agreement between the City of Yakima
and Yakima County Fire District #12 for the provision of fire investigation
services.
SUBMITTED BY: Dennis Mayo, Fire Chief
CONTACT PERSON/TELEPHONE: Brian Schaeffer, Deputy Fire Chief
575-6079
SUMMARY EXPLANATION:
The proposed resolution authorizes and directs the City Manager to execute an interlocal
agreement between the City of Yakima and Yakima County Fire Protection District #12 for the
provision of fire investigation services by dedicated commissioned fire investigators. The
Agreement is entered into by the City under the authority of RCW 39.34, the Interlocal
Cooperation Act.
Intergovernmental cooperation among Washington's cities and fire districts is very prevalent in
practically all areas of the State. While most cooperative agreements include a functional
consolidation of several agencies or one jurisdiction providing a full range of fire services to
another, this contract focuses on a single function - the investigation of fires. It is our
experience that many of our arson cases transcend City boundaries. The suspects reside or
travel to adjoining areas to the City where they commit similar crimes without fear from law
enforcement reprisal. This contract allows for the sharing of crime and suspect information as
well as the task of investigations and follow-up of incendiary, suspicious and undetermined
fire/explosions and intelligence gathering when requested by Fire District #12.
In exchange for investigative services performed by the City of Yakima Fire Department, Fire
District #12 agrees to pay the City the cost in labor to perform such services. The District is
required to pay the City within sixty (60) calendar days of receipt of an invoice.
Resolution X Ordinance i Contract X Other (Specify)
Funding Source N/A
APPROVED FOR SUBMITTAL:
STAFF RECOMMENDATION: Adopt proposed resolution.
COUNCIL ACTION:
City Manager
Resolution adopted. RESOLUTION NO. R-2005-04
