HomeMy WebLinkAboutR-2024-151 Resolution authorizing an Interlocal Agreement with Sunnyside Fire Department for a Joint Training Academy and Emergency Response RESOLUTION NO. R-2024-151
A RESOLUTION authorizing an Interlocal Agreement with Sunnyside Fire Department for a
Joint Training Academy and Emergency Response.
WHEREAS, the City and Sunnyside Fire Department each maintain organized and
equipped fire departments for the benefit of the residents of their respective jurisdictions; and
WHEREAS, the parties have previously entered into an Interlocal Agreement for
Emergency Aid Response, City Contract Number 2020-67; and,
WHEREAS, the City operates a Recruit Academy for newly hired firefighters; and
WHEREAS, the state recruit academy for newly hired firefighters is routinely full and can
take up to a year for a newly hired firefighter to enter; and
WHEREAS, the parties desire to allow newly hired Sunnyside Fire Department firefighters
to participate in the City Recruit Academy; and
WHEREAS, Sunnyside Fire Department shall compensate the City for the services
provided as a part of this Interlocal Agreement; and
WHEREAS, both parties believe this cooperation will provide mutual advantage, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to accept and execute the Interlocal Agreement
between the City of Yakima and Sunnyside Fire Department for a Joint Training Academy and
Emergency Services.
ADOPTED BY THE CITY COUNCIL this 20th day of August, 2024.
1
Patricia Byer , Mayor
ATTEST: psK 1tviq A%‘'11
64144. '* L: S EA L *�%
,c4 . �a / � gt w*- '
Rosalinda Ibarra, City Clerk lilt \\NING:c.O?i
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF YAKIMA and
SUNNYSIDE FIRE DEPARTMENT
FOR A JOINT TRAINING ACADEMY AND EMERGENCY RESPONSE
THIS INTERLOCAL AGREEMENT ("Agreement") is entered into by and between the
City of Yakima ("City"), a municipal corporation, and SUNNYSIDE FIRE DEPT, under the
authority and conformance with RCW 39.34, the Interlocal Cooperation Act.
WHEREAS, the City and SUNNYSIDE FIRE DEPT. maintain organized and equipped
fire departments for the benefit of the residents of their respective jurisdictions; and
WHEREAS, the parties have previously entered into an interlocal agreement for
emergency aid response; and
WHEREAS, the City operates a recruit academy for newly hired firefighters; and
WHEREAS, the state recruit academy for newly hired firefighters is routinely full and can
take up to a year for a newly hired firefighter to enter; and
WHEREAS, the parties desire to allow newly hired SUNNYSIDE FIRE DEPT. firefighters
to participate in the City recruit academy; and
WHEREAS, the SUNNYSIDE FIRE DEPT. shall compensate the City for the services
provided as part of this Agreement; and
WHEREAS, both entities believe this cooperation will provide mutual advantage, as
outlined herein;
NOW, THEREFORE, in consideration of the mutual promises and conditions contained
herein, the parties hereto agree as follows:
Section 1. PURPOSE. The purpose of this Agreement is to set forth the terms and conditions
upon which the parties agree to have the City conduct a training academy for newly hired
firefighters from both City and SUNNYSIDE FIRE DEPT.
Section 2. DURATION. This Agreement shall become effective upon signature of both parties,
and shall remain in full force and effect for three years. The Agreement shall be automatically
renewed from year-to-year by the parties hereto, unless the Agreement is terminated prior to
renewal.
Section 3. SERVICES PROVIDED BY CITY. The City will conduct a recruit academy as
needed for newly hired firefighters in compliance with IFSAC Certification. The academy will
teach from the newest IFSTA edition. The City will provide all space and items associated with
the academy except as noted in Section 5. The City will allow space for SUNNYSIDE FIRE
DEPT. recruits to attend the academy. The number of recruits allowed to attend the recruit
academy will be up to the sole discretion of the Yakima Fire Department Chief. This includes
City SUNNYSIDE FIRE DEPT.ILA for Recruit Academy Page 1 of 5
not allowing any for a particular recruit academy if the Yakima Fire Department Chief makes
that decision.
Section 4. PAYMENT. In exchange for and in consideration of the services to be performed by
the City pursuant to this Agreement, SUNNYSIDE FIRE DEPT. shall pay City five thousand
dollars ($5000.00) per recruit it sends to the academy prior to the academy beginning. IF
SUNNYSIDE FIRE DEPT provides an approved instructor and equipment, shall pay ($1500.00)
per recruit. This amount will cover the cost of overhead, administration, facilities, and other
miscellaneous items.
Beginning January 1 of each year, for academies starting during that year, the consideration
shall increase by $250 per recruit for the full services recruit academy and $75 per recruit if the
SUNNYSIDE FIRE DEPT. provides an approved instructor and equipment.
Section 5. SUNNYSIDE FIRE DEPT. RESPONSIBILITIES.
a. SUNNYSIDE FIRE DEPT. is responsible for covering the cost of materials, books, and
equipment for their recruits.
b. SUNNYSIDE FIRE DEPT. will conduct daily evaluations on their own recruits consistent
with the standards established by the City.
c. SUNNYSIDE FIRE DEPT. is responsible for any discipline for their recruits only.
Section 6. MUTUAL RESPONSIBILITIES. Both parties agree that each has the authority to
teach and correct all recruits in the academy. Communication between the parties is essential
for proper evaluations and the parties shall meet regularly to discuss the progress of all recruits.
Nothing in this Agreement obligates SUNNYSIDE FIRE DEPT. to use the City recruit academy.
Section 7. COMPLIANCE WITH LAW. The Parties to this Agreement shall comply with
applicable federal, state and local laws, rules and regulations in carrying out the terms and
conditions of this Agreement.
Section 8. INSURANCE AND INDEMNIFICATION. At all times during performance of these
services associated with this Agreement, SUNNYSIDE FIRE DEPT. and the City shall secure
and maintain in effect insurance to protect the City and SUNNYSIDE FIRE DEPT. from and
against tall claims, damages, losses, and expenses arising out of or resulting from the
performance of this Agreement. The parties shall provide and maintain in force insurance in
limits no less than that stated below, as applicable.
a. Commercial General Liability Insurance. Before this contract is fully executed by the
parties, the City and SUNNYSIDE FIRE DEPT. shall each 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 Five Million Dollars
($5,000,000.00) per occurrence combined single limit bodily injury and property damage,
and Five Million Dollars ($5,000,000.00) general aggregate (per occurrence). 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.
b. Commercial Automobile Liability Insurance. Before this Agreement is fully executed by
the parties the City and SUNNYSIDE FIRE DEPT. shall each provide the other party
City SUNNYSIDE FIRE DEPT.ILA for Recruit Academy Page 2 of 5
with a certificate of insurance as proof of commercial automobile liability insurance and
commercial umbrella liability insurance with a total minimum liability limit of Five Million
Dollars ($5,000,000.00) per occurrence combined single limit bodily injury and property
damage. Automobile liability will apply to "Any Auto" and be shown on the certificate.
The required certificate of insurance shall clearly state who the provider is, the coverage
amount, the policy number, and when the policy and provisions proofed are in effect.
Such policy shall be in effect for the duration of this Agreement.
c. Indemnification and Hold Harmless.
1. The parties mutually agree to protect, defend, indemnify and hold harmless
the other party's elected and appointed officials, officers, employees, agents,
and volunteers from any and all claims, demands, losses, liens, liabilities,
penalties, fines, lawsuits, and other proceedings and all judgments, awards,
costs and expenses (including reasonable costs and attorney fees) resulting
from death or bodily injury to an person or damage or destruction to a third
party or from employment practices or third parties to the extent caused by
any negligent act and/or omission of the indemnifying "at fault" party, its
elected and appointed officials, officers, employees, agents, and volunteers
and/or subcontractors, arising out of the performance of this Agreement.
2. If the negligence or willful misconduct of both SUNNYSIDE FIRE DEPT. and
the City (or a person identified above for whom each is liable) is a cause of
such third party claim, the loss, cost, or expense shall be shared between
SUNNYSIDE FIRE DEPT. and the City in proportion to their relative degrees
of negligence or willful misconduct and the right of indemnity will apply for
such proportion.
3. Nothing contained in this Section or this Agreement shall be construed to
create a liability or a right of indemnification in any third party.
d. Notwithstanding any provision to the contrary, the terms of this section shall survive any
expiration or termination of this Agreement.
Section 9. TERMINATION. Either party may terminate this Agreement upon thirty (30) days
written notice to the other party of the intent to terminate the Agreement. All costs that have
accrued up to the effective date of the termination shall be paid to the City. The City shall
continue doing work during the thirty (30) day period and be paid for said work by the
SUNNYSIDE FIRE DEPT., unless the SUNNYSIDE FIRE DEPT. specifically instructs the City to
immediately stop work in its termination notice, in which case the City will stop work upon
receipt of the notice.
Section 10. INTEGRATION, SUPERSESSION, AND MODIFICATION. 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 prior negotiations, discussions, agreements, and
understandings between the parties as to the subject matter herein. 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.
Section 11. NONDISCRIMINATION PROVISION. Neither party shall discriminate against any
person on the grounds of race, creed, color, religion, national origin, sex, age, marital status,
political affiliation, sexual orientation, gender identity, or the presence of any sensory, mental or
physical handicap, or any other protected class, in violation of the Washington State Law
Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 U.S.C.
City SUNNYSIDE FIRE DEPT.ILA for Recruit Academy Page 3 of 5
12110 et. seq.). In the event of the violation of this provision, the other party may terminate this
Agreement immediately.
Section 12. ASSIGNMENT. This Agreement or any interest herein, or claim hereunder, shall
not be assigned or transferred in whole or part by SUNNYSIDE FIRE DEPT. or City to any other
person or entity without the prior written consent of the other party. In the event that such prior
written consent to an assignment is granted, then the assignee shall assume all duties,
obligations, and liabilities of the assignor as are stated herein.
Section 13. AMENDMENT. This Agreement shall be amended only by written mutual consent
of the parties. Amendments to this Agreement may be initiated by either of the parties and shall
become final after agreement by all parties and appropriate signatories are attached.
Section 14. NON-WAIVER. The failure of either party to insist upon strict performance of any
provision of this Agreement or to exercise any right based upon a breach thereof for the
acceptance of any performance during such breach shall not constitute a waiver of any right
under this Agreement.
Section 15. 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.
Section 16. NOTICES. All notices and demands shall be in writing and sent or hand-delivered
to the parties at their addresses as follows:
City of Yakima: Victoria Baker, City Manager
120 North 2nd Street
Yakima, WA 98901
And Also To: Aaron Markham, Fire Chief
129 North 2nd Street
Yakima, WA 98901
SUNNYSIDE FIRE DEPT.: Cameron Haubrich, Fire Chief
513 S. 8th Street
Sunnyside, WA 98944
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 upon receipt, or three business days after
mailing, whichever comes first.
Section 17. GOVERNING LAW AND VENUE. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. Venue will be the
appropriate state or federal court located in Yakima, Washington.
City SUNNYSIDE FIRE DEPT.ILA for Recruit Academy Page 4 of 5
Section 18. RECORDS RETENTION. Documents generated by the City and the SUNNYSIDE
FIRE DEPT. pursuant to the services provided under this Agreement shall be delivered to either
party, upon request. All such documents are subject to disclosure, unless exempt, pursuant to
the Public Records Act, Chapter 42.56. et.seq., as applicable. Records documenting services
rendered and billings based thereon, or other communications regarding this Agreement shall
be made available to either party for inspection and copying, as appropriate, during regular
business hours of the entity holding the records.
Section 19. ACQUISITION OF PROPERTY AND ASSETS. The parties do not intend to jointly
acquire or manage any property. Acquisition of property by either party shall be in accordance
with the laws and procedures applicable to such party.
Section 20. APPROVAL. Each party shall approve this Agreement as specified by the laws
and ordinances of the governing body of each party. The attested signatures of the City
Manager and the Commissioners below shall constitute a presumption that such approval was
properly obtained.
Section 21. RECORDING. Pursuant to RCW 39.34.040, this Agreement shall be filed with the
appropriate county auditor, or, alternatively, listed by subject on each public agency's web site
or other electronically retrievable public source.
CITY OF KIMA CITY OF SUNNYSIDE
ictoria Baker, y anager Mike Gonzalez, City an r^^
Date: r1 U ► Da : uqust 12, 2024
ATTEST: . ...Al ►► ►TTEST: •
* SEAL :-
Rcile
Pi I- k 14 alle
Rosalinda Ibarra, City Clerk t►��sy�iG�o_, %�• reline Renteria, City Clerk
Contract No.: job{-I f 7 �``�����- • tract No.: A-2024-122
Resolution No.: 12,-op.rd2S{-SSf Resolution No.: RES 2024-62
City Council Meeting: 08/12/2024
City SUNNYSIDE FIRE DEPT.ILA for Recruit Academy Page 5 of 5
i4
�e+
7..4 viit 0 imi i,i
1`OR`OA A`I*V..
I 1 .
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.H.
For Meeting of: August 20, 2024
ITEM TITLE: Resolution authorizing an Interlocal Agreement with Sunnyside Fire
Department for a Joint Training Academy and Emergency Response
SUBMITTED BY: Aaron Markham, Fire Chief
SUMMARY EXPLANATION:
Attached for council's consideration is a Resolution and Contract for an Interlocal Agreement with
Sunnyside Fire Department for a Joint Training Academy and Emergency Response.
ITEM BUDGETED: N/A
STRATEGIC PRIORITY 24-25: A Thriving Yakima
RECOMMENDATION: Adopt Resolution
ATTACHMENTS:
Resolution.docx
Contract.docx
75