HomeMy WebLinkAboutR-2017-142 Fire Protection Services Agreement with Union GapRESOLUTION NO. R-2017-142
A RESOLUTION authorizing an interlocal agreement with the City of Union Gap for fire
protection and emergency medical services
WHEREAS, in accordance with RCW 39.34.030, both parties have the authority to
provide fire protection and emergency medical services within their respective corporate
boundaries, and
WHEREAS, Yakima has established and maintains a fire department, and is capable,
within reasonable limitations, of providing service to the geographical area of Union Gap, and
WHEREAS, a previous contract was entered where Yakima provided fire protection
services to Union Gap from 2015 through 2017, and
WHEREAS, the parties heretofore wish to further contract with one another for the
provision of fire service by Yakima to Union Gap, and for the purpose of enabling Union Gap to
continue to utilize Yakima's fire protection, emergency medical, emergency preparedness
services capabilities, and hazardous materials response in Union Gap, and thereby continue to
avoid unnecessary duplication of effort and expenditures of public funds; and
WHEREAS, the service fee established for Union Gap and the method by which future
service fees will be determined, as described herein, are acknowledged by both parties to be
fair and equitable, and
WHEREAS, this Agreement is specifically authorized by the Interlocal Cooperation Act
set forth in chapter 39.34 of the Revised Code of Washington; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute an interlocal agreement with the City
of Union Gap for fire protection and emergency medical services, attached hereto and
incorporated herein by this reference The City Clerk shall post this Agreement on the City of
Yakima's website as required by Chapter 39.34 of the Revised Code of Washington
ADOPTED BY THE CITY COUNCIL this 21st day of November, 2017
ATTEST:
Sonya ClaarlQ e, City Clerk
AA.(/Lt A
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Carmen Mendez, Mayor Pro Te
FIRE PROTECTION SERVICES INTERLOCAL AGREEMENT
By and Between The City of Yakima and The City of Union Gap
This Agreement, which hereby incorporates by reference Appendix A "Fire Protection
Services Agreement Scope of Services" and Appendix B "Lease Agreement for Fire Station
Facilities" and all attachments thereto, is made and entered into by and between the CITY OF
YAKIMA, a municipal corporation of the State of Washington, hereinafter referred to as
"Yakima" and the CITY OF UNION GAP, a municipal corporation of the State of Washington,
hereinafter referred to as "Union Gap."
WITNESSETH
WHEREAS, in accordance with RCW 39.34 030, both parties have the authority to
provide fire protection and emergency medical services within their respective corporate
boundaries, and
WHEREAS, Yakima has established and maintains a fire department, and is capable,
within reasonable limitations, of providing service to the geographical area of Union Gap; and
WHEREAS, a previous contract was entered where Yakima provided fire protection
services to Union Gap from 2015 through 2017; and
WHEREAS, the parties heretofore wish to further contract with one another for the
provision of fire service by Yakima to Union Gap, and for the purpose of enabling Union Gap to
continue to utilize Yakima's fire protection, emergency medical, emergency preparedness
services capabilities, and hazardous materials response in Union Gap, and thereby continue to
avoid unnecessary duplication of effort and expenditures of public funds; and
WHEREAS, the service fee established for Union Gap and the method by which future
service fees will be determined, as described herein, are acknowledged by both parties to be
fair and equitable, and
WHEREAS, this Agreement is specifically authorized by the Interlocal Cooperation Act
set forth in chapter 39 34 of the Revised Code of Washington; now, therefore
IN CONSIDERATION of the promises and agreements herein contained, and subject to
the terms and conditions hereinafter set forth, it is hereby mutually understood and agreed by
the parties hereto as follows:
1. Service. Scope of service is outlined in Appendix A "Fire Protection Services
Agreement Scope of Services".
2 Deployment Model and Response Performance Obiectives. During the term of
this agreement, Yakima shall operate a cross -staffed 3 -member company from the Union Gap
fire station, located at 107 W. Ahtanum Rd., which station shall be leased by Yakima from Union
Gap with terms as detailed in Appendix B "Lease Agreement for Fire Station Facilities".
Resource deployment within Union Gap shall be consistent with the practices currently utilized
by Yakima Response performance objectives shall be in accordance with those standards and
objectives outlined in RCW 52 33.030 and City of Yakima Resolution R-2007-27. EMS resource
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deployment shall be based upon the Criteria -Based EMS Dispatch model currently utilized by
Yakima.
3 Personnel.
a. Career Upon approval of this contract for service and an executed
agreement with the IAFF, the previous Union Gap fire personnel who are currently
working for the Yakima Fire Department shall become permanent employees of the City
of Yakima and shall be compensated at their current rank in accordance with current
IAFF Local 469 Collective Bargaining Agreement.
b. Volunteer/Paid On -Call. The current cadre of Volunteer Union Gap
Firefighters who are active members in good standing and "Combat Qualified" shall be
maintained and utilized for emergency and non -emergency activities based from the
Union Gap fire station Yakima shall make reasonable efforts to recruit and train new
volunteers during the term of the Contract.
4 Discretion Regarding Manner of Providing Service. Yakima's Fire Chief shall act
as Fire Chief over personnel and equipment deployed and assigned to the Union Gap fire
station with all the powers and responsibilities entrusted to him or her by law. Yakima's City
Manager alone shall exercise supervisory authority over the Yakima Fire Chief. In all events,
Yakima shall have the sole discretion as to the personnel and equipment that will respond to
each call for service. Yakima shall have complete discretion as to the order of response to calls,
and shall be the sole judge as to the most expeditious, efficient and effective manner of
handling and responding to calls for service or the rendering thereof
5 Assets. Union Gap shall retain ownership of the following assets:
a Fire station facility located at 107 W. Ahtanum Rd. which shall be leased
to Yakima pursuant to the terms of Appendix B.
b. The following fire apparatus;
1.2012 E -One Typhoon Fire Engine
11.1998 E -One Freightliner Fire Engine
111.1999 Ford F450 Brush Truck
Yakima shall be financially responsible for routine maintenance and minor repairs of the fire
apparatus identified above. The cost of major repairs exceeding a $5,000 per occurrence
threshold - whether accomplished in-house by Yakima or outsourced, shall be the financial
responsibility of Union Gap.
6. Reporting. Yakima shall provide Union Gap with the following reports regarding
services provided to Union Gap under this Agreement:
a. During major fires or medical emergencies, Yakima shall make contact
with Union Gap's City Manager or other designated responsible official (via text or
phone). Union Gap shall provide the Yakima Fire Chief with the names and phone
numbers for this purpose
b. By the first working day following a fire or major medical emergency,
Yakima shall provide Union Gap with an oral and written report confirming the time and
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location of the incident, the cause if known, and the general nature and extent of the Toss
sustained and/or injuries suffered.
c. The Yakima Fire Chief or his/her designee shall attend one regular
monthly Union Gap City Council meeting The frequency of this attendance shall be
evaluated after 6 months of service and consideration shall be given to quarterly and as -
needed attendance
d. On a quarterly basis, Yakima shall provide Union Gap with a written
report illustrating the number and type of service calls to Union Gap for the preceding
quarter, cumulative year-to-date totals, and comparative figures for the prior year.
e. At the end of each six-month period (i.e., June and December), Yakima
shall provide Union Gap with a written report on the results of fire and life safety
inspection activities conducted in Union Gap.
7 Trauma Response. In the event this agreement is terminated or expires and is
not renewed, the trauma response area for the City of Union Gap will revert back to Union Gap.
8. Service Fee. The cost of Services provided pursuant to this contract shall be One
Million Four Hundred Forty Thousand Two Hundred Ninety Seven Dollars ($1,440,297) for
2018, One Million Four Hundred Seventy Six Thousand Three Hundred Five Dollars
($1,476,305) for 2019, and One Million Five Hundred Thirteen Thousand Two Hundred Twelve
Dollars ($1,513,212) for 2020
9. Payment Terms. The Service Fee shall be billed on a quarterly basis at the end
of March, June, September and December. If payment is not received within forty-five (45) days
of billing, a second notice will be sent by certified mail. If payment is not received within thirty
(30) days of the date of the second notice, such payment shall be subject to an interest charge
often (10) percent per annum, accrued from the due date of the payment. If payment is ninety
(90) days delinquent, fire service may be withheld until past -due payments, including accrued
interest, have been made in full
10. Contract Term and Renewal. The term of this Agreement shall be from January
1, 2018 through December 31, 2020. If the parties so agree in writing prior to August 31, 2020,
the term of this Agreement may be extended for an additional 2 years, to December 31, 2022.
11. Assignment. No assignment or other transfer of any right or obligation under this
Agreement shall be made by either party, and any attempt to so assign or transfer such right or
obligation shall be a breach of this Agreement and the assignment shall be of no effect.
12 Hold Harmless. Union Gap shall protect, defend, indemnify and save Yakima, its
officers, employees and agents harmless from any and all costs, claims, judgments or awards of
damages, arising out of or in any way resulting from the negligent acts or omissions of Union
Gap, its officers, employees or agents.
Yakima shall protect defend, indemnify and save Union Gap, its officers, employees and
agents harmless from any and all costs, claims, judgments or awards of damages, arising out of
or in any way resulting from the negligent acts or omissions of Yakima, its officers, employees
or agents.
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In the event of liability for damages arising out of bodily injury or death to persons or
damage to property caused by or resulting from the concurrent negligence of both parties, each
party's liability hereunder shall be only to the extent of each party's own negligence.
Yakima and Union Gap each agree that its respective obligation under this section
extends to any claim, demand or cause of action brought by or on behalf of any of its
employees. For this purpose, Yakima and Union Gap, by mutual negotiation, hereby waive, as
respects the other party only, any immunity that would otherwise be available against such
claim, demand or cause of action under the industrial Insurance provisions of Title 51 RCW.
13. Remedies / Dispute Resolution - Disagreements regarding this Agreement shall
be submitted to the Yakima Fire Chief. If the decision of the Fire Chief does not resolve the
dispute then the parties shall mediate the matter, sharing the costs of mediation equally. In the
event mediation efforts are unsuccessful then the parties may resolve the dispute through
judicial action brought before a court of competent jurisdiction in Yakima County, Washington.
14. Termination. Either party may terminate this Agreement with or without cause by
providing written notice of its intent to terminate to the other party Such written notice of intent
shall initiate a separation time period of 6 months during which time the parties shall work
cooperatively to allow the service to revert into two individual entities. Assets shared by the
parties shall be returned to the jurisdictions that contributed them
15. Effective Date. Upon execution by both parties, this Agreement shall take effect
on January 1, 2018.
IN WITNESS whereof, the parties acting in their official capacities have hereby executed
this Agreement by affixing thereto the signatures of the proper offers on the dates below
indicated.
BY
Its
Date
CITY OF AKIMA
APPR VED AS TO FORM:
Union Gap City Attorney
City Contract No. Z O / 7 - ZZ 3 ,4-
Resolution
k
Resolution No. jZ . C7 - y•Z
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C Y F UNION AP
BY
Its e.;% lM ahe.,.y_4..n—
Date iiii..51/2 -"
APPENDIX A
CITES OF YAKIMA AND UNION GAP
FIRE PROTECTION SERVICES AGREEMENT
SCOPE OF SERVICES
1. Response and Mitigation. Within the geographical city limits of Union Gap, the City of
Yakima shall provide the following services:
A. Fire Suppression
i. Structural
ii. Brush/Grass
iii. Vehicle and Equipment
iv. Other Non -Structural
B. Emergency Medical Services (EMS) -
i. Non -transport, emergency and non -emergency EMT -B response in accordance with
established Yakima County Department of EMS and Criteria -Based EMS Dispatching
Protocol
C. Rescue
i. Vehicle and Equipment
ii. General Rescue
iii. Confined Space
iv. Water - Swift, Still and Ice
v. High and Low Angle
D Hazardous Materials Response
i. Awareness and Operations -level responses
ii. Technician -level responses - as agents of the Tri -County Hazardous Materials
Response Team
E. Fire Alarm Responses - Residential and Commercial
F. Emergency Responses - Other
G. Non -Emergency Service Calls
i Examples include, but are not limited to:
1. Utility problems - water, electrical/power lines
2 Smoke/CO detector problems/checks
3. Lift assists
4 Odor investigation
5. Unauthorized burning
H. Fire Investigation - Cause and Origin
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2 Training
A. Ongoing Training for Career and Volunteer Staff that is consistent with established
NFPA curriculum
3 Prevention
A. Fire and Life Safety Inspections
i. Commercial
ii. Multi -Family Occupancies (3 or more families)
B. Public Education
4. Maintenance
A. SCBA Repair and Annual Flow Testing
B. Repair and Maintenance (up to a $5,000 threshold) for the following existing Fire
Apparatus currently located at the Union Gap Fire Station:
i. 2012 E -One Typhoon Fire Engine
ii 1998 E -One Freightliner Fire Engine
iii. 1999 Ford F450 Brush Truck
C. Repair and Maintenance for Power Equipment (Saws, Smoke Removal Fans, etc )
5. Miscellaneous Services
A. 5 -Year Fire Service Strategic Planning
B. Communication and Coordination for insurance Rating (WSRB)
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APPENDIX B
LEASE AGREEMENT for FIRE STATION FACLITIES
This Lease Agreement ("Lease") is made and effective this day of ,
2017, by and between the City of Union Gap, Washington, a municipal corporation of the State
of Washington (hereinafter referred to as "Union Gap" and/or Landlord") and the City of Yakima,
Washington, a municipal corporation of the State of Washington (hereinafter referred to as
"Yakima" and/or "Tenant").
WHEREAS, Union Gap and Yakima have entered into a Fire Protection Services
Interlocal Agreement for the provision of fire services by Yakima to Union Gap,
WHEREAS, as part of that Fire Protection Services Interlocal Agreement, Yakima shall
operate a cross -staffed 3 -member company from the Union Gap Fire Station which occupies a
portion of the premises located at 107 W. Ahtanum Road (hereinafter referred to as "Fire
Station");
WHEREAS, under the Fire Protection Services Agreement Yakima will lease the Fire
Station from Union Gap for its use in performing its services under the Fire Protection Services
Interlocal Agreement;
THEREFORE, in consideration of the mutual promises herein contained and other good
and valuable consideration, it is agreed.
1. Recitals. The recitals set forth above are hereby incorporated by reference as if fully set
forth herein
2. Term.
A. Union Gap hereby leases its Fire Station to Yakima, and Yakima hereby leases the
same from Union Gap, from January 1, 2018 and ending December 31, 2020 or earlier in the
event that the underlying Fire Protection Services Agreement is ended earlier. The Lease shall
not include one thousand seven hundred forty nine (1749) Square feet of space within the fire
station building that is occupied by the Union Gap Finance and Administration Departments.
This lease may not be terminated except as provided for herein.
B. The Lease term cannot be extended unless agreed upon in writing by the parties
3. Lease Payments. Yakima shall pay Union Gap the amount of $1.00 annually for use of
the Fire Station / Lease Area.
4. Condition of Premises. Yakima and Union Gap have inspected the premises, are fully
familiar with and know its condition, and Yakima accepts the same in its present condition
without any representation of Union Gap regarding the condition thereof or the improvements
thereon
5. Property Taxes. Union Gap shall pay all general real estate taxes and installments of
Special assessments coming due during the Lease term on the Leased Area, if any.
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6. Insurance. Yakima shall maintain a policy or policies of comprehensive general liability
insurance with respect to the respective activities occurring on the Leased Area with the
premiums thereon fully paid on or before due date, such insurance to afford minimum protection
of not Tess than $1,000,000 combined single limit coverage of bodily injury, property damage or
combination thereof.
7. Routine Minor Maintenance and Repairs. Yakima agrees to keep the Leased Area
and all improvements thereon in as good a condition as same are received, reasonable wear
and tear excepted. Yakima shall be responsible for repair of damage, if any, necessitated by
acts or failure to properly use the same by Yakima, its agents, employees or invitees within the
Lease Area. All other routine minor maintenance and repairs to the heating and Cooling
Systems, electrical circuits and fixtures, plumbing fixtures, glass, carpet, curtains and
improvements in common areas and elsewhere in the building and exterior maintenance shall
be the responsibility of Union Gap. Yakima shall provide prompt notice to Union Gap in the
event a repair is necessary and Union Gap will make the repair within a reasonable period of
time.
8. Damage and Major or Emergency Repairs. In the event that emergency repairs are
necessary (repairs that do not exceed $5000 in value) to the Leased Area, Yakima shall
immediately notify the Union Gap of the need for such repairs and Yakima shall initiate such
emergency repairs and bill Union Gap for the cost of such repairs. Yakima shall comply with all
applicable City regulations relating to such repairs. Where repairs will exceed $5000 in value,
the City of Union Gap shall ensure that repairs are undertaken immediately and shall bear the
Costs for Such repairs
9. Liens and Waste. Yakima shall not cause nor permit any liens of any nature to be
placed against the Fire Station and Leased Area except liens placed thereon by Union Gap, and
Yakima shall save Union Gap harmless from and on account of all liens and all expenses and
indebtedness connected therewith, except those relating to liens placed thereon by Union Gap
Yakima shall not commit nor permit any waste or nuisance to occur upon the Leased Area.
10. Alterations and Additions. Yakima shall not make any additions or material alterations
to or upon the Lease Area without first obtaining written consent of Union Gap In making
alterations or additions, Yakima shall comply with all building code provisions, municipal
ordinances and regulations, and state laws which may affect or govern such work. All Such
additions or alterations made by Yakima shall become and remain the property of Union Gap,
provided, however, that upon the termination of this lease Yakima shall, at its expense, promptly
remove such additions or alterations if so requested by Union Gap.
11. Utilities. Union Gap shall pay all telephone, electrical, gas, water, sewer, and usual
garbage bills.
12. Risk of Loss. All personal property of any kind in or on the Leased Area shall be kept
there at the risk of Yakima, and Union Gap shall not be liable and Yakima waives all claims for
any loss, damage or injury either to property Sustained by Yakima upon or about the Leased
Area.
13. Sublease and Assignment. Yakima shall not sublease all or any part of the Leased
Area, or assign this Lease in whole or in part without Union Gap's consent.
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14. Default. If default of these lease terms shall at any time be made by Yakima, and if said
default shall continue for thirty (30) days after written notice thereof shall have been given to
Yakima in writing by Union Gap without correction thereof then having been commenced and
thereafter diligently prosecuted, Union Gap may declare the term of this Lease ended and
terminated by giving Yakima written notice of such intention.
15. Quiet Possession. Union Gap covenants and warrants that upon performance by
Yakima of its obligations hereunder, Union Gap will keep and maintain Yakima in exclusive,
quiet, peaceable, undisturbed, and uninterrupted possession of the Leased Area during the term
of this Lease; subject to the reasonable needs of Union Gap to enter upon the Leased Area
16. Notice. Any notice required or permitted under this Lease shall be deemed sufficiently
given or served if sent by United States certified mail, return receipt requested, addressed as
follows*
If to Landlord to:
City Manager
City of Union Gap
107 W. Ahtanum Road
Union Gap, WA 98903
If to Tenant to.
Fire Chief
City of Yakima
401 N. Front St.
Yakima, WA 98901
Union Gap and Yakima shall each have the right from time to time to change the place
notice is to be given under this paragraph by written notice thereof to the other party
17. Waiver. No waiver of any default of Union Gap or Yakima hereunder shall be implied
from any omission to take any action on account of such default if such default persists or is
repeated, and no express waiver shall affect any default other than the default specified in the
express waiver and that only for the time and to the extent therein stated. One or more waivers
by Union Gap or Yakima shall not be construed as a waiver of a Subsequent breach of the
same covenant, term, or condition.
18. Headings. The headings used in this Lease are for convenience of the parties only and
shall not be considered in interpreting the meaning of any provision of this Lease.
19. Governing Law. This Agreement shall be governed, construed and interpreted by,
through and under the Laws of the State of Washington.
20. Venue. Venue for any action pertaining to this lease, including but not limited to any
action to enforce or interpret this lease, shall lie in Yakima County, Washington.
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year
first above written.
CITY OF UNION GAP
CITY OF YAKIMA
LORD TENANT
Arlene Fisher, City Manager Cliff Mo f Ye, City Manager
Lease
CITY CONTRACT NO: Zo f r 27-306
-9 RESOLUTION NO:e'�0/ 7- /T 2..
STATE OF WASHINGTON
COUNTY OF YAKIMA
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On this day of , 2017, Arlene Fisher appeared before me, a Notary
Public in and for the State of Washington, personally appeared, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person who executed this
instrument, on oath stated that she was authorized to execute the instrument, and acknowledged
it as the to be the free and voluntary act and deed of said nonprofit corporation for the uses and
purposes mentioned in the instrument.
IN WIThTESs WHEREOF, I have hereunto set my hand and official seal the day and year
first abovOttttn� e%-
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STATE OF WASHINGTON
COUNTY OF YAKIMA
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NOTARY PUBLIC in and
Washington, residing at
My appointment expires
Print Name KCS re,„ii
r the State of
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On this ,2/4 day of Kb vecr, , 2017, Cliff Moore appeared before me, a Notary
Public in and for the State of Washington, personally appeared, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person who executed this
instrument, on oath stated that she was authorized to execute the instrument, and acknowledged
it as the to be the free and voluntary act and deed of said nonprofit corporation for the uses and
purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
Notary Public
State of Washington
KAARRE ALLYN
MY COMMISSION EXPIRES
January 12, 2020
Lease
NOTARY PUBLIC in a
Washington, residing at
My appointment expires
Print Name , re_
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
1
Item No. 11.
For Meeting of: November 21, 2017
ITEM TITLE: Resolution authorizing an Interlocal Agreement with Union Gap,
WA for the City of Yakima to provide Fire Protection Services
SUBMITTED BY: Bob Stewart, Fire Chief
SUMMARY EXPLANATION:
In 2014, the City of Yakima and City of Union Gap entered into an interlocal agreement for the
City of Yakima to provide fire services to the City of Union Gap from January 1, 2015 through
December 31, 2017. The agreement was approved as Resolution No. R-2014-140. Under the
current contract, the 2017 service fee is $1,243,317. This new contract will increase by $196,980
in 2018, for a total of $1,440,297, and contains a 2.5% escalator which will equates to as service
fee of $1,476,305 in 2019 and $1,513,212 in 2020. The current agreement is for an additional 3
year period, from January 1, 2018 through December 31, 2020, with an option to extend for an
additional 2 years. The Union Gap City Council passed the agreement at their regularly
scheduled meeting on November 13, 2017.
ITEM BUDGETED:
Yes
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR
SUBMITTAL:
STAFF RECOMMENDATION:
Adopt Resolution
BOARD/COMMITTEE RECOMMENDATION:
City Manager
ATTACHMENTS:
Description Upload Date Type
2
0 Resotjtion for ILA with Union Gap for Fire Serces 11/14/2017 Resolution