HomeMy WebLinkAboutR-2006-134 Yakima County Fire Protection District #10 Memorandum of UnderstandingRESOLUTION NO. R-2006-134
A RESOLUTION authorizing the City Manager to execute a Memorandum of Understanding
between the City of Yakima and Yakima County Fire Protection District #10
for receipt of $80,000 towards the purchase of a Brush Firefighting Vehicle
to be owned and operated by the City of Yakima.
WHEREAS, Yakima County Fire Protection District #10 contracts with the City of
Yakima for Fire Protection and Emergency Medical Services (EMS); and
WHEREAS, Yakima County Fire Protection District #10 desires to contribute $80,000 to
the City of Yakima Fire Department to be applied toward the purchase of a Brush Firefighting
Vehicle estimated to cost $110,000 pursuant to the terms and conditions of the attached
Memorandum of Understanding; and
WHEREAS, the City Council has determined that it is in the best interest of the City of
Yakima to receive the contribution from, the District according to the terms and conditions of the
attached Memorandum of Understanding, 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
"Memorandum of Understanding Between the City of Yakima and Yakima County Fire
Protection District #10" for the purpose of receiving $80,000 towards the purchase of a Brush
Firefighting Vehicle.
ADOPTED BY THE CITY COUNCIL this 19' day of September, 2006.
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF YAKIMA AND YAKIMA COUNTY FIRE
PROTECTION DISTRICT # 10
THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and
entered by and between the City of Yakima, a Washington municipal corporation
(hereinafter "City") and Yakima County Fire Protection District #10, a Washington
municipal corporation (hereinafter "District") This MOU 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 fighting fires within their
jurisdictions using specialized equipment; and
WHEREAS, the District would like to contribute $80,000 towards the purchase of
a brush firefighting vehicle estimated to cost approximately $110,000 to be owned and
operated by the Yakima Fire,Department pursuant to the terms of this MOU; and
WHEREAS, the City desires to accept such offer of $80,000 towards the
purchase of a brush firefighting vehicle in accordance with this MOU.
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 MOU is to set forth the mutual responsibilities of
the parties relative to the acceptance of the District's contribution towards the purchase
of a brush firefighting vehicle and enumerate other related provisions that contribute to
the mutual benefit of the parties.
2. Term. This MOU shall be effective upon execution by the parties hereto and
shall terminate at the time of satisfactory completion of all obligations required
hereunder.
3. Contribution. In exchange for and in consideration of the obligations required
by the City hereunder, the District agrees to pay the City the sum of Eighty Thousand
Dollars ($80,000.00) towards the purchase of a brush firefighting vehicle. Said payment
may be effected on a reimbursement basis no later than thirty (30) calendar days after
the purchase.
4. Vehicle Ownership. The brush firefighting vehicle purchased with the District's
contribution shall be solely and permanently owned by the City of Yakima. The District
shall have no legal interest in the vehicle whatsoever.
5. City's Responsibilities. In exchange for and in consideration of the District's
payment of Eighty Thousand Dollars, the City agrees to design and create specifications
for the vehicle and conduct the bidding/purchasing process for the vehicle. The City also
intends to assign the vehicle to Yakima Fire Department Station # 93, located at 40th
Avenue and Englewood, to enhance the City's ability to respond to brush fire
emergencies in the District. The parties agree, however, that this MOU does not limit
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the Yakima Fire Chief's discretion to determine Yakima Fire Department apparatus
placement and the Yakima Fire Chief retains the ability to change the assignment of the
vehicle based on the needs of the Yakima Fire Department.
9. Integration and Supersession. This MOU sets forth all of the terms, conditions,
and agreements of the parties relative to the subject matter hereof and supersedes any
and all former agreements relative to the subject matter hereof which are hereby
declared terminated and of no further force and effect. There are no terms, conditions,
or agreements with respect to the subject matter herein except as provided in this MOU
and no amendment or modification of this MOU shall be effective unless reduced to
writing and executed by the parties. Unless specifically referenced herein, this MOU
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
MOU 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 MOU did not contain the particular provision held to be invalid.
b. If any provision of this MOU 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. Complete Consideration. The parties understand and agree that the
responsibilities that the City agrees to undertake in this MOU constitutes adequate
consideration for acceptance of the terms stated herein and that the District will receive
no other/further consideration under the terms of this MOU.
12. Non -Waiver. The waiver by the District or the City of the breach of any provision
of this MOU 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.
15. Governing Law. This MOU 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 MOU shall lie in the
Superior Court of Washington for Yakima County, Washington.
20. Filing. A copy of this MOU shall be filed with the Yakima County Auditor
pursuant to RCW 39.34.040.
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CITY OF YAKIMA
Dick Zais, City ager
Date: 9' 2-1- o L
Dennis Mayo, City Fire Chief
Date:
itillefaidiflii5, Deborah Moore
City Clerk
City Contract No. 2 i g2
Resolution No. k-,77.0-/34/1
Date:
YAKIMA COUNTY FIRE
PROTECTION DISTRICT NO. 10
By: e OCJ
Bob Ingham, ire Commissioner
Date: I
By:
Gary Peterso ,
1
ire Commissioner
Date: --I9��
10
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.4c
11
For Meeting Of September 19, 2006
Consideration of a resolution authorizing a Memorandum of Understanding
between the City of Yakima and Yakima County Fire Protection District #10
regarding its contribution of $80,000 towards the purchase of a Brush
Firefighting Vehicle to be owned and operated by the City of Yakima Fire
Department.
SUBMITTED BY: Dennis Mayo, Fire Chief
Steve Scott, Deputy Fire Chief
CONTACT PERSON/TELEPHONE' Steve Scott — 575-6165
SUMMARY EXPLANATION:
Staff respectfully requests approval of an interlocal Memorandum of Understanding
authorizing the City of Yakima to accept $80,000 from Yakima County Fire Protection District
#10 towards the purchase of a Brush Firefighting Vehicle estimated to cost $110,000. In
return for its contribution, the District is requesting that the vehicle be stationed at Station #93,
which is the closest to the District. The City of Yakima Fire Department will create
specifications for the vehicle and bid and purchase the vehicle, and retains the right to re-
locate the vehicle to another station based on the future needs of the City of Yakima Fire
Department.
Resolution X Ordinance _ Other (Specify) Memorandum of Understanding
Contract X Mail to (name and address):
Phone:
Funding Source Yakima County Fire Protection District #10 is funding $80,000 of the total cost
APPROVED FOR SUBMITTAL: f414,!-5 City Manager
STAFF RECOMMENDATION: Adopt the resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-134