HomeMy WebLinkAboutR-1996-128 Agreement / County Fire Protection District No. 10 / Fruitvale DistrictRESOLUTION NO. R-96-126
A RESOLUTION authorizing the City Manager and City Clerk to execute an
Agreement for Fire Protection and Emergency Medical Services
with Yakima County Fire Protection District #10 (Fruitvale Fire
District).
WHEREAS, the City of Yakima has annexed certain portions of the Fruitvale
Fire District; and
WHEREAS, the City has been providing fire protection services and
emergency medical services to the remaining unincorporated areas of the Fruitvale
Fire District; and
WHEREAS, the City Council of the City of Yakima deems it to be in the best
interest of the City to continue to provide such services to unincorporated areas of
the Fruitvale Fire District until such time as those areas have annexed into the City;
and
WHEREAS, fire protection and emergency medical services will be provided
for a reasonable fee to the remaining unincorporated areas of the Fruitvale Fire
District, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk of the City of Yakima are hereby
authorized and directed to execute the attached "Agreement for Fire Protection and
Emergency Medical Services" with Yakima County Fire Protection District #10.
ADOPTED BY THE CITY COUNCIL this / %#day of /_%, 1996.
AI 'EST:
City Clerk
Fire Protection #10/Resolution/blb.rp
nn Buchanan, Mayor
AGREEMENT FOR FIRE PROTECTION AND
EMERGENCY MEDICAL SERVICES
This Agreement is entered into between YAKIMA COUNTY FIRE PROTECTION
DISTRICT NO. 10, a fire protection District organized under R.C.W. Title 52,
("District"), and the CITY OF YAKIMA, a Charter City of the first class of the State of
Washington, ("City") under the authority of RCW 52.12.031.
RECITALS
The City operates a Fire Department as part of its City government and provides
excellent fire protection, fire suppression and emergency medical services within all
of its City limits. The City is currently providing such services to the District under a
contract which expires at the end of 1996.
All of the City and all of the District is classed as an urban area under local
intergovernmental planning agreements and under the State Growth Management
Act. Consistent with the contract under which the City is currently providing fire
protection, fire suppression and emergency medical services to the District, and
consistent with local planning agreements and the GMA, the City plans, intends and
stands ready to receive into the City's jurisdiction all properties within the District,
insofar as such transition from County to City jurisdiction is consistent with wishes
of the voters or property owners, as provided by State law.
The City wants the District to support City efforts to receive those properties
remaining within the District into City jurisdiction. The City Council and the
District Board of Commissioners recognize that where consistent with local
intergovernmental planning agreements and Growth Management plans, such
transition from County to City jurisdiction is in the public interest and can be
mutually beneficial.
This agreement is intended to further such results and its purpose is to ensure that
while properties within the District continue to transition from Yakima County
jurisdiction to City of Yakima jurisdiction, such properties will enjoy the same
excellent fire protection, fire suppression and emergency medical services as
properties within the City. The respective legislative bodies of the District and the
City have determined that it is in the best interests of the parties that the City
continue providing fire protection, fire suppression and emergency medical services
for a reasonable fee until either all properties within the District become
incorporated within the City or the District determines that fire protection, fire
suppression and emergency medical services should no longer be obtained by
contract with the City.
Agreement for Fire Protection and
Emergency Medical Services/Agreements/blb.rp - 1
AGREEMENT
To carry out the purposes of this Agreement and in consideration of the benefits to
be received by each party, the parties agree as follows:
1. Definitions. The following terms are defined as follows for purposes of this
Agreement:
1.1 "City" means the City of Yakima.
1.2 "Currently" means on the effective date of this Agreement.
1.3 "District" means Yakima County Fire Protection District No. 10.
1.4 "Department," or "Fire Department' shall mean the City Fire Department. The
City and the District each shall -continue to exist as a separate entity and no new legal
entity is created by this Agreement.
1.5 "Fire Chief" shall mean the City of Yakima Fire Chief.
1.6 "District Board" shall mean the Board of Fire Commissioners for Yakima
County Fire Protection District 10.
2. Statutory Authority. The District Board shall retain all its statutory powers and
authority over the District, except as specifically delegated to the City or otherwise
agreed to herein.
3. Administration. The administration of the facilities and personnel necessary to
carry out the operations required by this Agreement shall be conducted by the Fire
Chief.
4. Term. This Agreement shall be effective on January 1, 1997, and shall continue
indefinitely until either: 1) all properties within the District become incorporated
within the City, or 2) the District no longer desires to obtain fire protection, fire
suppression and emergency medical services from the City by contract, whichever
occurs earlier. In the event the District shall desire to terminate this Agreement the
District shall provide the City written notice of termination eighteen (18) months
prior to termination.
5. Services To Be Provided By City. The City shall provide fire prevention, fire
suppression, emergency medical and hazardous material incident response services
to all properties and persons within the District. The services shall be provided on
the same basis as similar services are provided within the City, but the City assumes
no liability for failure to do so by reason of any circumstances beyond its control. The
City shall furnish all personnel required to perform the services described above.
6. Financial Compensation From The District. The District agrees to levy regular real
property taxes at the maximum rate authorized by law on taxable property located
Agreement for Fire Protection and
Emergency Medical Services/Agreements/blb.rp - 2
within the District for fire protection services within the District. The District shall
pay and transfer to the City ninety-three percent (93%) of the total sum of District
real property taxes raised.
7. Emergency Medical Services (EMS) Revenues. The District agrees and hereby
instructs Yakima County that any EMS tax revenues allocable to the District shall be
paid directly to the City of Yakima without passing through any District accounts.
The District Board shall recommend proposed EMS levies to the voters for
approval, at the maximum rate available, at six year intervals during the term of the
Agreement beginning in the year prior to the expiration of the current levy.
8. Changes in District Tax Powers. In the event any District tax levy shall become
unavailable as a result of changes in legislation, statutory tax levy limitations or the
failure to obtain voter approval, the parties shall jointly consider other available
equivalent funding sources. It is the purpose of this provision both to avoid a
reduction in services to the District, and to ensure that the City is compensated at
essentially the same rate as the District's current maximum tax powers now allow
for operations and emergency medical services.
9. Periodic Payments. The District agrees to make regular quarterly payments on
February 1, May 1, August 1, and November 1 of each year, beginning February 1,
1997. The City acknowledges that the District's ability to pay is dependent on the
availability of the District's tax proceeds from Yakima County. In the event the
District is late making a payment due to cash flow constraints resulting from delayed
payment by Yakima County, the City will not consider the District to be in default of
this Agreement.
10. District regular tax limitations. Each year, the District will produce a two-year
revenue and budget projection. The District agrees that it will seek voter approval of
the lifting of the 106% LID limitation if and when it appears, based on this
projection, that the real property tax levy will drop below the amount required to
maintain agreed upon service levels for the District.
11. Retention of District Secretary. The District shall maintain the District Secretary
position, as required by RCW 52.14.080. The District Secretary shall remain a
part-time paid District employee. In addition to the duties established by statute, the
District Secretary shall perform the duties established by the District Board. All salary
and benefits for the position shall be provided by the District.
12. District Meetings. The District shall retain the right to use the station for
meetings and activities of the Board of Commissioners, storage of District records
and for the use of the District Secretary. The use of the station by the District shall
not interfere with the operations of the fire department.
13. Commissioners Meetings. The Fire Chief or the Fire Chiefs designee shall
attend all regular and special meetings of the District Board when requested to do so
by the Board.
Agreement for Fire Protection and
Emergency Medical Services/Agreements/blb.rp - 3
14. District Funds. The District shall retain all expense and reserve fund balances as
of December 31, 1996, subject to the District's commitment to pay the City for
services beginning January 1, 1997. The District fund balances shall remain under
the exclusive control of the Board of Commissioners.
15. Modification. This instrument constitutes the entire Agreement between the
parties and supersedes all prior Agreements. No modification or amendment shall
be valid unless evidenced in writing, properly agreed to and signed by both parties.
In the event either party shall desire to renegotiate any provision of the Agreement,
the party shall provide 90 days written notice to the other party. The notice shall
identify the provision or provisions to be renegotiated, the requested changes and
shall state the reasons for the request. The party receiving the request shall respond
in writing on or before the end of the 90 day period.
16. Good Faith Renegotiation Of Terms. If, during the term of this Agreement,
either party wishes to renegotiate any provision, that party may give to the other
party twelve (12) months written notice of such intent, which notice shall set forth
the specific provision or provisions to be renegotiated. The parties agree that in the
event of any such notice, they shall negotiate in good faith on the provision or
provisions identified. In the event of state or federal legislation which materially
affects provisions of the Agreement, the parties agree to immediately renegotiate
such affected provisions without regard to the notice provisions contained in this
paragraph. Further, the parties may by mutual agreement at any time waive the
notice provisions of this paragraph.
17. Dispute Resolution And Interest Arbitration. In the event of a disagreement
regarding the interpretation or application of the Agreement, or in the event the
parties are unable, after good faith efforts to renegotiate terms of this Agreement, to
agree, or if the parties are unable to agree on any matters made subject to future
negotiation and Agreement according to some provision of or procedure established
by the Agreement to be undertaken by mutual Agreement, the parties agree to
submit such dispute to final and binding arbitration. An arbitrator shall be selected
by the District and the City through Agreement on a mutually acceptable arbitrator
or through the American Arbitration Association (AAA) and the arbitration shall
proceed according to state law and AAA rules, with the costs of administration and
arbitrator's fees to be divided equally between the parties. It is understood and
agreed that nothing herein is intended to conflict with any statute and that statutes
control in event of any conflict.
18. Litigation. In the event of litigation concerning the terms of or performance
under this Agreement, the prevailing party, in addition to reasonable costs, shall be
entitled to reasonable attorneys fees as determined by the court.
19. Severability. If any provision' of this Agreement or its application is held
invalid, by a court of competent jurisdiction, the remainder of the Agreement shall
not be Affected.
Agreement for Fire Protection and
Emergency Medical Services/Agreements/blb.rp - 4
20. Benefits. This Agreement is entered into solely for the benefit of the parties
hereto. It shall confer no benefits, direct or indirect, on any third persons, including
employees of the parties. No person or entity other than the parties themselves may
rely upon or enforce any provision of this Agreement. The decision to assert or
waive any provision of this Agreement is solely that of each party.
21. Notices. All notices, requests, demands and other communications required by
this Agreement shall be in writing and, except as expressly provided elsewhere in
this Agreement, shall be deemed to have been given at the time of delivery if
personally delivered or at the time of mailing if mailed by first class, postage prepaid
and addressed to the party at its address as stated in this Agreement or at such
address as any party may designate at any time in writing.
1. Notice to the City shall be sent to:
Yakima Fire Department
Administrative Offices
401 N. Front St.
Yakima, WA 98901
2. Notice to the District shall be sent to:
Yakima County Fire Protection District No. 10
P.O. Box 11155
Yakima, WA 98909
Executed this / a day of f V'VE4 'R ,1996.
CITY OF YAKIMA
By:
City M
Chief of Fire Department
ATTEST: /
_e
City Clerk
CITY COMIC N0:
RESOLUTION N0:
Agreement for Fire Protection and
Emergency Medical Services/Agreements/blb.rp - 5
YAKIMA COUNTY FIRE
PROTECTION DISTRICT N .10
By: , /a/i-Pi+�`ee�
Commissioner
By:1. - .2,--„,„r 142,--/---...
By:
By:
Conmissione
Commissioner
Secretary
HEM '11'1'LE:
SUBMTI1ED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of: 09/17/96
Agreement for Fire Protection and Emergency Medical Services with Fire
District #10 (formerly Fru'tvale)
K. Alan Chroniste, r'"Fu- Chief
e
Larry Peterson, Asst. City Attorney
CONTACT PERSON/TELEPHONE: K. Alan Chronister, 575-6060
SUMMARY EXPLANATION:
On December 31, 1996 a five year agreement for fire protection and emergency medical services
with Fire District #10 (formerly Fruitvale) expires. At the direction of the Council Public Safety
Committee a new contract has been negotiated with the District #10 Fire Commissioners. Major
provisions of the contract include the following:
1. The contract will become effective on January 1, 1997 and shall continue indefinitely until all
properties in the District are incorporated or the District no longer desires our services.
2. The Fire District agrees to levy property taxes at the maximum rate authorized by law, and
agrees to transfer to the City ninety-three percent (93%) of the taxes raised (approximately
$85,000.00 in 1997.)
3. The District agrees to transfer all Emergency Medical Services revenues directly to the City
(presently .25 per thousand of assessed valuation of the District.)
In addition, an attached map has been included that indicates the present Fire District boundary
served with fire protection by the City of Yakima.
Resolution X Ordinance Contract X Other (Specify)
Funding Source:
APPROVED FOR SUBMITTAL:
(C(12-'6-(ity Manager)
STAFF RECOMMENDATION: Approve as submitted.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH THE FRUITVALE FIRE DISTRICT FOR FIRE PROTECTION AND EMERGENCY MEDICAL
SERVICES.
Resolution adopted. RESOLUTION NO. R-96-128
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Fruitvale Fire
District 10
Fire Contract Area
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Lakes / Reservoirs
City Limits
Fire District 10
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Created: September 12,1996