HomeMy WebLinkAbout12/09/2025 07.M. Resolution authorizing a services agreement with Yakima County Fire District#11 for Fire and Emergency Response Services !,
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.M.
For Meeting of: December 9, 2025
ITEM TITLE: Resolution authorizing a services agreement with Yakima County Fire
District#11 for Fire and Emergency Response Services (Fire Capital
Revenue)
SUBMITTED BY: Aaron Markham, Yakima Fire Chief
SUMMARY EXPLANATION:
Attached is a Resolution and Contract for fire and emergency services response with Yakima County
Fire District#11 for Council consideration. This is a renewal of a previous Agreement with new terms as
the current Agreement expires on 12/31/2025.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY 24-25: An Engaged Yakima
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
Resolution_Yakima County Fire Dist#11_fire and emergency response svcs
Contract.pdf
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RESOLUTION NO. R-2025-
A RESOLUTION authorizing a Fire Services Agreement between Yakima County Fire
District#11 and the City of Yakima.
WHEREAS, the City of Yakima and Yakima County Fire District #11 each have the
authority to provide fire protection and emergency medical services within their respective
jurisdictions; and
WHEREAS, the City of Yakima has established and maintains a fire department capable
of providing fire and emergency response service to the geographical area of Yakima County Fire
District#11; and
WHEREAS, from 2015 through 2025, under the terms of previous Interlocal Agreements,
the City of Yakima has provided fire protection and emergency response services to Yakima
County Fire District#11; and
WHEREAS, the parties wish to continue to contract with one another for the provision of
fire service by the City of Yakima to Yakima County Fire District #11, and for the purpose of
enabling Yakima County Fire District#11 to continue to utilize the City of Yakima's fire protection,
emergency medical, technical rescue, and hazardous materials response in the boundaries of
their jurisdiction, thereby avoiding unnecessary duplication of effort and expenditures of public
funds; and
WHEREAS, this Service Agreement Between the City of Yakima and Yakima County Fire
District#11, attached hereto and incorporated herein by this reference, is specifically authorized
by the Interlocal Cooperation Act set forth in Chapter 39.34 of the Revised Code of Washington;
and
WHEREAS, the City Council finds and determines that approval of the Services
Agreement is in the best interests of the residents of the City of Yakima, and that such approval
will promote the general health, safety and welfare of the City; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is authorized and directed to sign the "Services Agreement Between
Yakima County Fire District#11 and the City of Yakima" attached hereto and incorporated herein
by this reference.
ADOPTED BY THE CITY COUNCIL this 9th day of December, 2025.
Patricia Byers, Mayor
ATTEST:
Rosalinda Ibarra, City Clerk
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SERVICE AGREEMENT
Between
YAKIMA COUNTY FIRE
DISTRICT NO. 11
And
CITY OF YAKIMA
This agreement is made and entered into by and between YAKIMA COUNTY FIRE DISTRICT
NUMBER 11, hereinafter "FIRE DISTRICT", and the CITY OF YAKIMA, hereinafter "YAKIMA".
WHEREAS, YAKIMA is a municipal corporation of the State of Washington with City Hall
located at 129 North 2' Street, and has an organized and staffed fire department trained and outfitted
to provide fire and medical emergency responses,with Yakima Fire Department administrative offices
located at 401 North Front Street, Yakima, Washington 98901; and
WHEREAS, FIRE DISTRICT borders YAKIMA, and collects tax revenues to provide fire
and medical coverage to the citizens within the boundary of FIRE DISTRICT; and
WHEREAS, FIRE DISTRICT does not have a staffed and trained fire department to
provide emergency response; and
WHEREAS, FIRE DISTRICT desires to contract for essential firefighting and medical
emergency life support services for FIRE DISTRICT; and
WHEREAS, Chapter 39.34 of the Revised Code of Washington authorizes local governments
to enter into agreements for joint or cooperative action furnishing area wide emergency services; and
WHEREAS, the parties desire to enter into agreement for fire and emergency medical services
to be provided to the area of the FIRE DISTRICT, by YAKIMA; and
NOW, THEREFORE, in consideration of foregoing recitals and the mutual covenants
and promises hereinafter set forth, the parties do hereby agree as follows:
1. Term: The term of this agreement shall be for a period of three (3) years, commencing as and
from January 1, 2026, and ending on December 31, 2028. This agreement will automatically renew for
additional three-year terms, unless the affected party serves a written notice of termination to the other
party at least 180 days prior to the commencement date of the new term.
2. Geographic Scope of Service. The services contracted for herein shall be provided within the
YAKIMA COUNTY FIRE DISTRICT No.11 tax collection area. A map of the geographical area of Fire
District No. 11 is attached for information and reference.
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3. Statutory Authority. The FIRE DISTRICT'S Board shall retain all the authority and power
vested in it by statute, regulation or case law, except as specifically delegated to YAKIMA, or otherwise
specifically agreed upon herein.
4. Services Provided by YAKIMA. YAKIMA shall provide pre-fire planning, fire suppression,
emergency medical and hazardous material incident response services to all the persons and properties
located within the FIRE DISTRICT, equivalent to services provided to the residents of YAKIMA.
YAKIMA also agrees to pay dispatch fees for incidents within the geographical area of Fire District No.
11.
5. FIRE DISTRICT Education and Outreach. Parties acknowledge that the FIRE DISTRICT
occasionally will conduct education and/or outreach, or similar, campaigns and/or information to its
district residents. Examples include fire prevention educational material and visible address campaigns.
These types of activities require YAKIMA review and approval prior to commencement to ensure that the
information provided to the public,and the activities undertaken as part of the FIRE DISTRICT campaign,
comply with YAKIMA's policies and procedures,and do not interfere with YAKIMA's ability to provide
Services within the geographical area of Fire District No. 11.
6. Compensation. The FIRE DISTRICT agrees to provide to YAKIMA, the following compensation,
which the parties agree is in support of YAKIMA maintaining a minimum staffing level that supports
Automatic Aid/Borderless dispatch operations between YAKIMA, which also benefits the citizens of the
FIRE DISTRICT: The compensation is intended to enhance the service capability of YAKIMA and not
replace allocated monies by YAKIMA for the funding of its own needed fire and EMS services.
(a) The FIRE DISTRICT agrees to compensate YAKIMA, Thirty Six Thousand Seven
Hundred and Fifty Dollars ($36,750) each year of the agreement, to be paid in two
installments of Eighteen Thousand Three Hundred Seventy-Five Dollars ($18,375), with
the first installment due and payable on or before January 31, and the second
installment due and payable on or before July 31, and on the same dates for the same
amounts each year this agreement is in effect;
7. Indemnification and Insurance.
(a) Indemnification and Hold Harmless
FIRE DISTRICT shall release, defend, indemnify and hold harmless YAKIMA, its elected and
appointed officials, employees, volunteers, agents, attorneys and insurers, from any and all claims,
demands, losses, lawsuits, damages, liens, penalties, fines, lawsuits, liability and other proceedings
and all judgments, awards,costs and expenses(including reasonable costs and attorneys fees)which
result from or arise out of the FIRE DISTRICT'S performance of this Agreement and/or out of the
negligent acts or omissions of the FIRE DISTRCIT,its officials,officers,employees or agents,except
to the extent that such claims, demands, lawsuits, damages or liability arises out of the negligence or
unlawful intentional acts of such YAKIMA personnel.
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YAKIMA shall release, defend, indemnify and hold harmless FIRE DISTRICT, its elected and
appointed officials, employees, volunteers, agents, attorneys and insurers, from any and all claims,
demands, losses, lawsuits, damages, liens, penalties, fines, lawsuits, liability and other proceedings
and all judgments, awards,costs and expenses(including reasonable costs and attorneys fees)which
result from or arise out of YAKIMA'S performance of this Agreement and/or the negligent acts or
omissions of YAKIMA, its officers, officials, employees or agents..
A. Notification of Claims. Each party to this Agreement shall promptly notify the other of any
and all claims, actions, losses or damages that arise or are brought against that party relating
to or pertaining to the property and projects described in this Agreement.
B. Waiver of Immunity—Industrial Insurance. Each party agrees that its obligations under this
section extend to any claim, demand and/or cause of action brought on behalf of any
employees or agents. For this purpose, each party, by mutual negotiations, hereby waives,
with respect to the other party only, any immunity that is otherwise available against such
claims under the Industrial Insurance provisions of Title 51 RCW, but only to the extent
necessary to indemnify the other party.
Nothing contained in this Section or this Agreement shall be construed to create a liability or a right
of indemnification in any third party.
(b) Insurance
At all times during performance of the Services, each party shall secure and maintain in effect
insurance to protect the other party from and against all claims,damages,losses,and expenses arising
out of or resulting from the performance of this Agreement. Each party shall provide and maintain
in force insurance in limits no less than that stated below.
Commercial General Liability Insurance. Before this Agreement is fully executed by the parties,
each party shall provide the other party with a certificate of insurance as proof of commercial liability
insurance and commercial umbrella liability insurance with a total minimum liability limit of One
Million Dollars ($1,000,000.00) per occurrence combined single limit bodily injury and property
damage, and Two Million Dollars($2,000,000.00) general aggregate(per project). The policy shall
include employer's liability (Washington Stop Gap). The certificate shall clearly state who the
provider is, the coverage amount, the policy number, and when the policy and provisions provided
are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name
the other party,its elected officials,officers,agents,employees,and volunteers as additional insureds.
The insurance shall be with an insurance company or companies rated A-VII or higher in Best's
Guide and admitted in the State of Washington.
Each party shall list the other party as an additional insured on its insurance policy and shall
provide a certified copy to the other agency as part of this Agreement.
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8. Acquisition of Property. The parties do not intend to jointly acquire or manage any property.
Costs, expenses and disbursements of each party in the performance of this Agreement shall be administered
separately by each party. Acquisition of property by either party shall be in accordance with the laws and
procedures applicable to such party. In the event the parties desire to jointly acquire property they may
execute and append a separate written agreement to this Agreement. Such acquisition agreement shall
describe the property, the contribution of each party, and disposition of the property upon termination of
this Agreement.
9. Administration. This Agreement shall be jointly administered by the FIRE DISTRICT Board or
its designated executive officer, and the Fire Chief of the Yakima Fire Department or his designee.
10. Status of Employees. Each employee of YAKIMA performing services pursuant to this
Agreement shall be and exclusively remain the employee of the City of Yakima, subject to the direction and
control of City of Yakima. Each employee, official and volunteer of FIRE DISTRICT performing services
pursuant to this Agreement shall be and exclusively remain the employee,official and volunteer,respectively,
of FIRE DISTRICT, subject to the direction and control of FIRE DISTRICT. FIRE DISTRICT and
YAKIMA shall remain solely and exclusively responsible for the direction and control of its own employees,
officers and volunteers and shall be solely and exclusively responsible for the compensation of its own
employees, officers and volunteers.
11. Records and Reports. Documents and reports generated by either party pursuant to the services
provided under this Agreement shall be and remain the property of the party generating such documents and
reports, but shall be shared with the other party as appropriate; provided, however, all such documents and
reports shall be subject to disclosure pursuant to the Public Records Act, Chapter 42.56 RCW, as applicable.
YAKIMA records and reports documenting services rendered and billings based thereon shall be made
available to FIRE DISTRICT for inspection and copying, as appropriate, during regular business hours of
City of Yakima, upon request of FIRE DISTRICT.
FIRE DISTRICT shall promptly furnish YAKIMA with such records which are related to this Agreement
and the obligations of each party herein, as may be requested by YAKIMA. Until the expiration of six (6)
years after the termination date of this Agreement, or for a longer period if required by law or by the
Washington State Secretary of State's record retention schedule, FIRE DISTRICT shall retain and provide
YAKIMA access to(and YAKIMA shall have the right to audit, inspect and copy)all of FIRE DISTRICT'S
records which are related to this Agreement and the obligations of each party herein. If any litigation,claim,
or audit is started before the expiration of the six-year period, or the end of the retention period,the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Prior
to converting any paper records to electronic format and/or destroying any records related to this Agreement
or the obligations of the parties herein, FIRE DISTRICT shall contact YAKIMA'S Records Administrator
(509-575-6037)to discuss retention. In no event shall any record relating to this Agreement or the obligations
of the parties herein be destroyed without YAKIMA consultation.
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12. Waiver and Amendments. Waiver of any breach or any term or condition of this Agreement shall
not waive any prior or subsequent breach. No term or condition is waived, modified or deleted except by an
instrument in writing signed by both parties.
13. Entire Agreement and Modifications. This Agreement sets forth the entire agreement of the
parties with respect to the subject matter herein. The parties may supplement the Agreement by addenda or
amendments, when agreed upon by both parties in writing. The parties shall attach copies of such addenda
and amendments and by reference incorporate them herein.
14. Termination for Default. Either party may terminate this Agreement if the other party materially
breaches its obligations under this Agreement and is in default through no fault of the terminating party.
However, no such termination may be effected unless the other party is given: (1) not less than ten (10)
calendar days written notice, delivered by certified mail, return receipt requested, of the party's intent to
terminate; and (2) an opportunity for cure within the ten-day notice period before termination Notice shall
be considered issued and effective within seventy-two(72)hours of mailing by certified mail to the place of
business of either party as set forth in this Agreement. YAKIMA is entitled to compensation through the
effective date of termination of the Agreement.
154. Early Termination of Agreement For Convenience—Effect of Termination. This Agreement may be
terminated by either party upon one hundred eighty(180) days advance written notice delivered to the other
party. Upon the effective date of termination, YAKIMA shall be paid the prorated portion of compensation
earned for services performed prior to such termination, and shall deliver to FIRE DISTRICT all property
determined to be the property of FIRE DISTRICT. Termination of this Agreement shall not terminate the
hold harmless provisions set forth in Section 6 above,which provisions shall remain in full force and effect.
16. Duration and Authority.This Agreement shall become effective upon signature and authorization by
both parties with copies filed with the Yakima County Auditor and Clerk of the City of Yakima,or otherwise
posted as authorized pursuant to RCW 39.34.040. This Agreement shall remain in effect for the initial term
and subsequent renewals of term as set forth in Section 1 above, unless sooner terminated as provided in this
Agreement.
17. Severability. If any term or provision of this Agreement is found invalid or unenforceable by a
court of competent jurisdiction, the remainder of this Agreement shall be enforceable and effective to the
• fullest extent permitted by law. Further, the parties shall negotiate in good faith regarding amendments to
this Agreement that would effectuate the intent of any provision held invalid or not enforceable.
18. No Third-Party Beneficiary. Nothing in this Agreement is intended to create any rights in any
entity not a party to this Agreement nor is any person or entity not named a party herein a third party
beneficiary to this Agreement.
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19. No Public Official Liability. No provision of this Agreement nor any authority granted by this
Agreement is intended to create or result in any personal liability for any public official or agent of a party,
nor is any provision of this Agreement to be construed to create any such liability.
20. Assignment. The obligations in this Agreement are not subject to assignment.
21. Dispute Resolution—Governing Law—Venue. The parties shall jointly cooperate to resolve any
disputes that arise hereunder. Any dispute shall first be considered by the administrative officials identified
in Section 8 above. If such consideration does not resolve the dispute, the matter will be submitted to the
chief executive officers of each party. If the matter remains unresolved, either party may seek appropriate
relief in Yakima County Superior Court, which court shall be the venue for any action arising under this
Agreement. This Agreement and all performance herein shall be construed in accordance with the laws of
the State of Washington.
22. Filing. Each Party shall approve this Agreement by resolution,ordinance, motion or otherwise
pursuant to the laws of the governing body of each Party. The signatures of the authorized signatories
below shall constitute a presumption that such approval was properly obtained. A copy of this Agreement
shall be filed and/or posted pursuant to chapter 39.34 RCW.
WHEREFORE,this Agreement is executed and effective upon the date signed by the last party to sign below:
CITY OF YAKIMA FIRE PROTECTION DISTRICT NUMBER 11
By: By:
Victoria Baker,City Manager Ken McAllister, President
Date Signed: .2025 Date Signed: / ,2025
ATTEST: By:
Tom Sevign , -ssioner
By. Date Signed: 1 1 "2 .25 . 2025
Rosalinda Ibarra,City Clerk
Notice Address: Notice Address: 1_
Victoria Baker u ' �U OtS' t nL r\
City Manager 16[KiMA Viick O3
129 North 2nd Street
Yakima,WA 98901
[ATTESTATION FOLLOWS]
ATTESTATION
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STATE OF WASHINGTON )
): ss.
County of Yakima )
ON THIS DAY personally appeared before me the undersigned, a Notary Public in and for the
State of Washington, duly commissioned and sworn,\( n[1-l/t 110-/Miser✓to me known to be president of FIRE
PROTECTION DISTRICT NUMBER 11,the entity that executed the foregoing Service Agreement; and who
acknowledged the said Agreement to be the free and voluntary act and deed of FIRE PROTECTION
DISTRICT NUMBER 11, for the uses and purposes therein contained; and who on oath stated that they are
authorized to execute the said instrument on behalf of FIRE PROTECTION D ISTRICT NUMBER 11.
Witness MY HAND AND OFFICIAL SEAL THIS ZAP day '
ay of `'d DVI- _2025.
Vlo/t..Z'1 ! lR/L
®tiol ullll►Iof. NOTARY PUBLIC in and for the State of Washington
**4•''‘1ti .•]°�' •• :1"f ,��I Residing at: t71 Pit,�' + Inc,y Gl i�i
• . My My Commission expires: P1Grdcv W i .Oa1
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STATE OF WASHINGTON )
): ss.
County of Yakima )
ON THIS DAY personally appeared before me the undersigned, a Notary Public in and for the
State of Washington, duly commissioned and sworn,1kcOt I S v1 fpy to me known to be Commissioner of
FIRE PROTECTION DISTRICT NUMBER 11, the entity that executed the foregoing Service Agreement;
and who acknowledged the said Agreement to be the free and voluntary act and deed of FIRE PROTECTION
DISTRICT NUMBER 11, for the uses and purposes therein contained; and who on oath stated that they are
authorized to execute the said instrument on behalf of FIRE PROTECTION DISTRICT NUMBER 11.
Witness MY HAND AND OFFICIAL SEAL THIS -)(o4.1i day of WAICwAIbe✓ 2025.
jvW \ A 1
NOTARY PUBLIC in and for the State of Washington
�,,`•►,00.1y1M1 ��fri�r Residing at: 301 ?avk Fv intAc 4Dl14LIvo 1A-pI
S• •g , , • ��i�- My Commission expires: M��� 1
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ON THIS DAY personally appeared before me the undersigned, a Notary Public in and for the
State of Washington, duly commissioned and sworn,Victoria Baker,to me known to be the City Manager of the
City of Yakima, the entity that executed the foregoing Service Agreement; and who acknowledged the said
Agreement to be the free and voluntary act and deed of the City of Yakima for the uses and purposes therein
contained; and who on oath stated that he is authorized to execute the said instrument on behalf of the City of
Yakima.
Witness MY HAND AND OFFICIAL SEAL THIS day of 2025.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission expires:_
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