HomeMy WebLinkAboutR-2003-091 United States Department of Justice Office of Community Oriented Policing Grant Application (re: School Resource OfficeRESOLUTION NO. R-2003- 91
A RESOLUTION ratifying application for a grant in the total amount of $125,000.00
from the United States Department of Justice Office of Community
Oriented Policing for the School Resource Officer ("COPS in
Schools") program; ratifying designation of the Police Chief and the
City Manager to act as the official representatives of the City of
Yakima with regard to the grant; ratifying their actions to accept the
grant and execute all necessary documents and contracts related to
the grant; and authorizing and directing the Police Chief and City
Manager to execute all additional documents and contracts necessary
to implement the grant.
WHEREAS, the United States Department of Justice, Office of Community
Oriented Policing, has funds available for the purpose of funding School Resource
Officers (the "COPS in Schools" grant program); and
WHEREAS, the Yakima Police Department and Yakima School District are
applying for funds from the "COPS in Schools" program to cover costs associated with
providing four School Resource Officers to work in Yakima schools; and
WHEREAS, if the grant is awarded, the Yakima Police Department and the
Yakima School District will enter into a three-year agreement to share costs associated
with the full-time employment of four School Resource Officers; and
WHEREAS, the City Council of the City of Yakima finds that law enforcement
programs that focus on the prevention of youth crime and violence are of great value to
the citizens of Yakima, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. Filing of a $125,000.00 grant application with the United States Department of
Justice, Office of Community Oriented Policing, by the Yakima Police
Department is hereby ratified.
2. The designation of the Police Chief and City Manager to act as the official
representatives for the City for this grant is hereby ratified.
3. The actions of the Police Chief and the City Manager to accept the grant and
execute all necessary documents and contracts related to the grant on behalf
of the City of Yakima are also ratified.
(1k) police ratify cops in schools.sm
4. The Police Chief and City Manager are also authorized and directed to
execute all additional documents and contracts necessary to implement the
grant.
ADOPTED BY THE CITY COUNCIL this 24t1, day of June, 2003.
ATTEST:
City Clerk
Date
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Place, Mayor
AGREEMENT FOR CONTINUATION OF FIRE SERVICES
WITH PROVISIONS FOR RENEWAL:
EFFECTIVE JULY, 1, 2003
THIS INTERLOCAL AGREEMENT is made by and between the City of Yakima, a
Charter City of the first class of the State of Washington, and Yakima County (West Valley) Fire
District No. 12, a fire protection district organized under RCW Title 52, and is intended to
provide for the continuation of fire and emergency service levels in and for a certain
geographical area on the terms and conditions more fully set forth herein.
WHEREAS, the City of Yakima ("City" herein) and Yakima County (West Valley) Fire
District No. 12 ("District") (collectively referred to as the "Parties") recognize the value of an
agreement to provide for the continuation of Currently Established levels of Fire Protection
Services to the Service Area, all as defined herein; and
WHEREAS, the City initiated annexation proceedings on or about June 15, 1999 to
annex certain real property located in Yakima County (said annexation commonly referred to as
the S. 72nd Avenue Annexation and referred to herein as such), including all land that is
described in said annexation and is currently provided with Fire Protection Services by the
District; and
WHEREAS, the District contested that annexation on a variety of grounds; and
WHEREAS, there currently exists a degree of uncertainty regarding the legality and
validity of the S. 72nd Avenue Annexation due to the decision of the Washington State Supreme
Court regarding said annexation in Grant County Fire Protection District No. 5 v. City of Moses
Lake; Yakima Fire Protection District No. 12 v. City of Yakima, 145 Wn. 2d 702, 42 P.3d 394
(2002) (referred to hereinafter as "Grant County Fire v. Moses Lake") which also results in
uncertainty as to which entity has jurisdictional authority within the Service Area, as defined
herein, including responsibility for providing Fire Protection Services and related services; and
WHEREAS, notwithstanding said degree of uncertainty, both the Yakima City Council
and the District Board of Fire Commissioners recognize that their paramount public interest is in
providing appropriate fire and emergency service to the general public in the Service Area
consistent with the Currently Established levels of service, as defined below; and
WHEREAS, due to the legal uncertainty of the S. 72nd Avenue Annexation, it is not in the
interest of either Party or the general public to formally proceed with efforts to allocate or
otherwise transfer assets of the District to the City at the present time pursuant to RCW 35.02.et
seq.; and
WHEREAS, the District and the City are authorized, pursuant to Chapter 39.34 of the
Revised Code of Washington, to enter into interlocal cooperation agreements which allow the
District and the City to cooperate with each other to provide high quality services to the public in
the most efficient manner possible; and
WHEREAS, the Parties have resolved to assure that the Service Area continues to
receive high quality Fire Protection Services, as Currently Established in the most efficient
RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 1
manner possible during this period of uncertainty by entering into this Contract for Services
whereby the City provides a payment to the District as provided for in this Agreement for the
District continuing to provide Fire Protection Services, emergency medical services, fire
prevention services, and fire service support services to the Service Area; and
WHEREAS, the Original Agreement for Continuation of Fire Services by and between the
City of Yakima and Yakima County (West Valley) Fire District #12 has been very helpful and
useful in our efforts to provide outstanding fire protection services to our citizens, but expires on
June 30, 2003 at midnight; and.
WHEREAS, because of the success of this current relationship, the Parties seeks to
extend the term of the agreement consistent with the terms of the Original agreement, and
provide for the automatic renewal of the agreement through the end of 2003, unless terminated
by party according to the terms herein,
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NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants
contained herein, the Parties hereto agree as follows:
AGREEMENT
1. Definitions.
The following definitions shall apply throughout this Agreement:
Career Firefighter: of ighter : A full-time, compensated firefighter, including the Fire Chief,
and other fire district officers who work on a full-time basis.
Contract Payment: This is the amount that the City will pay to the District
pursuant to this Agreement. This amount is the pro rated portion of $335,233
represented by the portion of a fiscal taxing year during which the District
provides services under this Agreement. (For example, for the six-month term of
this Agreement, the District shall be entitled to $167,617 (or $335,233 / 2).)
Currently Established: This means those particular Fire Protection Services
existing as of the date of this Agreement and deployed or otherwise dedicated by
the District for the benefit of the Service Area, including the benefits and burdens
of any existing agreement with providers of Fire Protection Services, including
without limitation Mutual Aid Agreements. This term is more particularly
described herein.
Emergency Incident: Any known situation requiring emergency and support
services.
Fire Protection Services: This term specifically includes fire protection, fire
prevention, fire suppression, fire extinguishment, hazardous material response,
first -responder hazardous materials response, rescue, fire prevention services,
and related emergency and support services (and other related matters,
specifically including emergency medical services or "EMS") (collectively referred
RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 2
to as "Fire Protection Services"). Further, this term includes any other services
as defined herein.
Firefighter: A career or volunteer member of the District possessing adequate
skills to participate safely in emergency and support services.
Geographical Service Area: The geographical area governed by, and subject to, this
Agreement (referred to as the "Service Area") is that particular real property commonly
referred to as the "South 72nd Avenue Annexation" and made a subject of annexation
proceedings originally initiated by the City on or about June 15,1999, and formally acted
upon by the Yakima City Council by adoption ofordinance 2000-44, dated September
19, 2000. The Service Area is legally described on the attached Exhibit "A," which is
incorporated by this reference.
Intergovernmental Fire Service Committee: An advisory group comprised of two
members from the City and two members from the District, and to include the
Fire Chiefs as ex officio members, which periodically confers with the City and
the District on matters subject to this Agreement.
ISO: Insurance Service Office, Inc., a national company licensed throughout the
United States to supply statistical, actuarial, and underwriting information for and
about the property/casualty insurance industry.
Staffing: The normal place of assignment for a Firefighter, either a career
firefighter or a Volunteer Firefighter.
Tax Remittance Payment: This is the pro rated portion of $335,233 represented
by the portion of a fiscal taxing year during the remainder of the year 2003 if this
Agreement is not extended through the end of 2003, and the City is determined
by the Washington Supreme Court not to have legally annexed the Service Area,
and the District continues to provide services to the Service Area following
expiration of this Agreement. (For example, for the six-month period following
the initial six month term of this Agreement , the District shall be entitled to a Tax
Remittance Payment of $167,617 (or $335,233 / 2).)
Volunteer Firefighter: A person who volunteers his/her time to train and respond
as a firefighter, and is not compensated as an employee of the District.
2. Term.
2.1 Effective Date. The effective date of this Agreement shall be upon its execution by
both Parties and approval by both the Yakima City Council and the District Board of
Commissioners, and shall continue for a term of three (3) months expiring on midnight
September 30, 2003, unless extended by written consent of both the Yakima City Council and
the District Board of Fire Commissioners. Unless terminated as provided herein, this Agreement
shall be automatically renewed for an additional three (3) month renewal term expiring at
midnight on December 31, 2003. There shall not be any further renewal terms to this
Agreement, unless agreed in writing by the Parties.
2.2 Tax Remittance Term. In the event that this Agreement expires and is not renewed
or replaced by a new agreement, and the Washington Supreme Court in Grant County Fire v.
RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 3
Moses Lake does not materially alter its decision upon the request for reconsideration filed by
the City, or the Court otherwise decides that the S. 72nd Street Annexation is not legal or valid,
then the Tax Remittance Term shall be for the period remaining from the effective date of
expiration or termination (as the case may be) to midnight on December 31, 2003. During the
T_.. Remittance
Tax Remittance Term, the City shaii remit to the District the Tax Remittance Payment as
provided for herein. This obligation shall survive the termination or expiration of this Agreement.
Further, the City and the District shall cooperate with each other and with Yakima County during
the Tax Remittance Term in restoring the County, City and District tax structure and system that
existed prior to the year 2003, including with r eepeet to any taxes, levies, or other assessments
lawfully imposed by the District, or by Yakima County for the benefit of the District.
2.3 Annexation. In the event that the District annexes the City pursuant to RCW
52.04.061 et seq., this Agreement shall become null and void. The Parties agree that the
disposition And nee of assets will be jointly ed and the District
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--._a'" tisv that vv/ill er �a jointly used ,^., iB by the City 9.iI�'v I.: ISuirlL�L following an
annexation of the City to the District pursuant to said statutes shall be agreed to by the Parties
before the adoption of any ordinance of the City to initiate the annexation of the City to the
District.
2.4 Future Alliances, Relationships and Related Negotiations. The District and the City
recognize that a successful contractual relationship may be converted to a more permanent
alliance or relationship. Therefore, no later than one month from the effective date of this
Agreement, the District and the City will begin discussions for the establishment of a more
permanent alliance and relationship that may include preannexation agreements, long range
County and City Fire Protection and other emergency medical service delivery outside of the
respective jurisdictional areas.
3. Statutory Authority.
3.1 The Fire Chief of the City, or any designee duly appointed by the Fire Chief of the
City, shall have sole responsibility for administering the City's performance of its obligations
under the terms of this Agreement; provided, however, that said Fire Chief shall not have any
authority, right, responsibility, duty or obligation to perform any action with regard to the
administration, supervision or performance of any function, responsibility or obligation
undertaken by the District in the District's performance of the terms and obligations of this
Agreement, including the delivery of the Fire Protection Services to and within the Service Area
as undertaken by this Agreement, unless provided for in any existing mutual aid agreements.
The City Fire Chief shall be the contact person for the City with regard to the administration of
this Agreement and all operation aspects related thereto.
4. Services Provided By The District; No Change of Service; Currently Established Level
of Fire Protection Services.
4.1 Subject to the terms hereof, the City agrees not to reduce or otherwise materially
alter the level of Fire Protection Services as the same is Currently Established for the Service
Area without express written approval of the District Board. Similarly, the District agrees not to
reduce or otherwise materially alter the level of Fire Protection Services to the Service Area
below the level Currently Established without express written approval of the City.
4.2 Services Provided to City. During the term of this Agreement, the District agrees to
furnish Fire Protection Services to the Service Area on a substantially similar basis as the Fire
Protection Services are provided within the Service Area by the District existing as of the date of
RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 4
execution of this Agreement. The District agrees to provide, subject to the terms and conditions
of this Agreement, all necessary and appropriate apparatus, facilities, equipment and personnel
to maintain Currently Established levels of Fire Protection Services to the City. A statement of
an operational policy agreed to by the Fire Chiefs of the City and the District is attached hereto
as Exhibit "B". This policy is intended to be utilized as a guide for incident command operations
in the field, and is to be interpreted and applied only by the Fire Chiefs of the City and the
District, and to be used for no other purpose or effect.
4.3 Concurrent Emergencies. Nothing herein shall require the District to dispatch first to
the Service Area as opposed to other areas protected by the District. Rather, the Parties
recognize that responses to concurrent emergencies shall be determined by the District based
upon the District's operational judgment and without regard to where the concurrent
emergencies occur.
4.4 9-1-1 Contract. The District has an existing contract with the appropriate 9-1-1 fire
dispatch provider in the City of Yakima for all fire/EMS dispatch service to the Service Area
which shall remain in effect through the duration of this Agreement.
4.5 Basic Life Support Transport. The District shall not provide basic life support
("BLS") ambulance transport within the Service Area except in situations in the District's sole
discretion requiring extraordinary measures to protect life, such as during a disaster or multi-
casualty incident when countywide ambulance services are exhausted. The District and City
acknowledge private ambulance companies currently provide routine BLS transport within the
Service Area. It is understood that the District shall not be precluded from becoming a provider
of such services in the future.
4.6 City's ISO Rating. During the existence of this Agreement, the District shall
endeavor to maintain the existing ISO rating applicable to the Service Area, in as much as it has
control over fire service factors, such as fire prevention, training, staffing levels, and equipment.
The District shall not be responsible for changes in the ISO Rating applicable to the Service
Area resulting from factors over which the District exercises no control or which are within the
control of the City or the City's ISO Rating.
5. Payment/Compensation to the District.
5.1 Contract Payment Paid by the City. The City shall, in consideration of the benefits
received under the terms and conditions of this Agreement, pay the District the Contract
Payment. In exchange for continuation of the Currently Established level of Fire Protection
Services to the Service Area during the term of this Agreement, the Contract Payment, as
defined above, shall be paid by the City to the District as provided for herein and shall be in the
amount of the pro rated portion of $335,233 represented by the portion of a fiscal taxing year
during which the District provides services under this Agreement. (For example, for the three-
month term of this Agreement, the District shall be entitled to $$83,808.25 (or $335,233 / 4).)
5.2 Contract Payment Timing; Tax Remittance Payment Timing: Said compensation,
and the Tax Remittance Payment, if applicable, shall be payable in arrears on a monthly basis
for each preceding month's provision of services and for each month following the expiration of
this Agreement during the year 2003. Said payment shall be due within thirty (30) calendar
days after the last day of the preceding month. Any invoice remaining unpaid, in whole or in
part, shall accrue interest at the rate of 12% per annum on the remaining unpaid balance. The
RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 5
District is not obligated to send any invoice to the City for payment. The obligations of this
section shall survive termination or expiration of this Agreement, and any amendments thereto.
5.3 Nothing contained in this Agreement shall impair in any way the right of the District
to continued receipt of countywide EMS funds from Yakima County in the current amount of
$25,600; provided, that said amount does not represent compensation from the City for the
services of the District herein.
5.4 Other than as specifically set forth in this section 5, or in any other agreements,
such as mutual aid agreements, under no circumstances arising out of this Agreement or
otherwise shall the City have or incur any expense or monetary obligation owing to the District.
Further, and notwithstanding any provision of this Agreement to the contrary, the City shall have
no monetary obligation owing to the District in the event that, and at such time as, the City
ceases to be •.-L of tax
a recipient taaSSUbiTment monies collected by the Yakima County Assessor
derived from the Service Area. In such event, this Agreement shall terminate and be of no
further force or effect, except as expressly provided for elsewhere in this Agreement and except
that the District shall have all Service Area obligations, and the City shall disclaim any right to
collect or receive any tax assessment related to Fire Protection Services for the Service Area,
and shall assign any such interest to the District, provided further that nothing herein shall limit
any parties rights as relates to any new annexation proceedings or actions. Further, and also
notwithstanding any provision of this Agreement to the contrary, in the event that the City's
receipt of said monies is in an amount less than or greater than that assessed by the Yakima
County Assessor for the Service Area in the fiscal year immediately prior to the term of this
Agreement, then the fee to be paid to the District shall be adjusted accordingly.
5.5 Jurisdictional Authority over the Service Area. The Parties recognize that,
depending on the timing and legality of any annexation, including the S. 72nd Avenue
Annexation, the Parties' jurisdictional and other authority over the Service Area may be disputed
by a third party. During the effective period of this Agreement, and so long as the City's contract
payments are timely made, the Parties agree not to hring or initiate any adversarial judicial or
administrative action �� between themselves regarding jurisdictional authority over the Service
Area, provided that in the event the City commences a new effort to annex the Service Area, or
a portion thereof, nothing in this Agreement shall bar the District from opposing such annexation
effort. Further, notwithstanding any legislation or any decision of any court regarding which
Party to the Agreement has jurisdictional authority over the Service Area, the terms and
conditions of this Agreement shall remain in full force and effect during the length and term of
this Agreement.
5.6 District Charges Under RCW 52.30.020. The District may exercise such power as
may be granted by RCW 52.30.020 or other provisions of state or federal law related to fire
protection and emergency medical services by contracting directly with state agencies, state
institutions or municipal corporations located within the City for such Fire Protection Services
and Fire Prevention Services.
5.7 Impact Fees and SEPA Mitigation. The City and Yakima County, under certain
circumstances, have the ability to charge impact fees and/or require actions of mitigation which
may have an impact upon fire protection for development or other activities within the Service
Area. Prior to the issuance of a SEPA threshold determination for an annexation, development
or other activity within the City which: (i) may materially increase the cost of providing the
services specified herein; and (ii) for which the City may charge an impact fee and/or require
mitigation, the City and the District shall meet and discuss the impact on the Services provided
RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 6
under this Agreement and the appropriate mitigation or impact fee. Such fees shall be placed
into a special reserve account until: (i) they are expended on mitigation; (ii) the City is annexed
by the District; (iii) the Washington Supreme Court determines that the S. 72nd Avenue
Annexation is legal, valid and binding, or (iv) until expiration of this Agreement. In the event this
Agreement expires or the Washington Supreme Court determines that the S. 72nd Avenue
Annexation is not legal, valid and binding, then such funds remaining in the special reserve
account which have not been spent on the particular mitigation will be allocated between the
Parties within thirty (30) days of such event on a pro rata basis commensurate with the
proportionate impacts any such development may or will have on the Parties hereto. In the
event this Agreement expires and the Washington Supreme Court determines that the S. 72nd
Avenue Annexation is legal, valid and binding, then such funds remaining in the special reserve
account which have not been spent on the particular mitigation will be returned to the City.
5.8 No Unfunded Mandates. The Parties agree that the City shall not create any
unfunded mandates for increased service by the District.
6. Nature of Relationship; City and District Are Independent Municipal Governments.
6.1. City and District are Independent Municipal Governments. The Parties recognize
and agree that the Parties hereto are independent governments. Except for the specific terms
herein, nothing herein shall be construed to limit the discretion of the governing bodies of each
Party. Specifically, and without limiting the foregoing, the District shall have the sole discretion
and the obligation to determine, consistent with its obligations herein, the exact method by
which the Fire Protection Services are provided within the Service Area.
6.2 No Preferential Service to Service Area. In the event of a Targe -scale event or
natural disaster, the District shall assign the resources available to it without regard to political
boundaries, but rather based upon the operational judgment of the District. Nothing in this
Agreement shall be construed to require the District to provide preferential service to the
Service Area, nor provide any preferential service to the District area outside of the Service
Area.
6.3 Nothing contained herein shall be construed to render the City in any way or for any
purpose a partner, co -joint venturer, employer, or associated in any other way with the District,
other than that of contacting parties for the provision of Fire Protection Services within the
Service Area; nor shall this Agreement be construed to authorize either Party to act as agent for
the other, or to make the City in any way responsible for the liabilities, debts, or losses of the
District. Nothing contained herein shall be construed to render the District in any way or for any
purpose a partner, co -joint venturer, employer, or associated in any other way with the City,
other than that of contacting parties for the provision of Fire Protection Services within the
Service Area; nor shall this Agreement be construed to authorize either Party to act as agent for
the other, or to make either Party in any way responsible for the liabilities, debts, or losses of the
other Party.
6.4 Intergovernmental Fire Service Committee. The District and the City shall each
designate two individuals to sit on the Intergovernmental Fire Service Committee (the
"Committee"). In addition, the Fire Chief of the District and the Fire Chief of the City shall sit as
ex officio members without a vote. The Committee shall meet within thirty (30) days of the
effective date of this Agreement and elect a chair. Thereafter, the Committee shall meet
monthly, at a minimum, or at the request of either the City or the District. The purpose of the
Committee is to periodically provide non-binding advice to the City and the District as to the
RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 7
matters subject to this Agreement. The Committee will act solely in an advisory capacity to the
City and the District concerning (i) the operation of this Agreement; (ii) any suggested
modifications or improvements; and (iii) any non-binding dispute resolution concerning the terms
and conditions of this Agreement.
7. Property Ownership; Transfer of Assets in the Event of Annexation of Service Area.
7.1 All property owned or acquired by the District shall remain the property of the
District, unless otherwise agreed to, or in the event such assets are transferred in a manner
consistent with this agreement and consistent with the Revised Code of Washington. Nothing
contained herein shall in any way prejudice either the District or the City in any subsequent
allocation of assets as may be provided for by law following any expiration of this Agreement;
provided further, however, during the effective period of this Agreement or following the
expiration of this Agreement, allocation assets _ result
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UC.
Annexation shall occur in a manner consistent with RCW 35.02 et seq. as that statute exists as
of the effective date of this Agreement, regardless of any future extensions or amendments of
this Agreement, and regardless of any amendments to RCW 35.02. et seq. following the
effective date of this Agreement, with such amendments to RCW 35.02 et seq. having no force
or effect as they relate to the South 72"d Avenue Annexation. The District shall be solely
responsible for the maintenance and upkeep of all District property and equipment at the
District's expense in a diligent and prudent manner. The provisions of this section shall survive
the termination or expiration of this Agreement.
8. Liability Insurance.
8.1 During the existence of this Agreement, the District shall maintain all risk
comprehensive general liability insurance in an amount not less than two million dollars
($2,000,000.00) with a deductible of not more than five thousand dollars ($5,000.00), naming
the City as `!also insured." The City is a self-insured municipal corporation but annually
purchases a public entity excess liability insurance policy with a limit of at least seven million
five hundred thousand dollars ($7,500,000) per any one occurrence or wrongful act or series of
continuous repeated or related occurrences or wrongful acts in excess of the City's retained limit
of one million five hundred thousand dollars ($1,500,000). In the event the City, after
commencement of this Agreement, elects to terminate said excess liability coverage, the City
will notify the District at least thirty (30) days in advance. To the extent possible, the City shall
name the District as "also insured" under these policies on or before the effective date of this
Agreement.
8.2 Cross Release. Except as specifically provided in this Agreement, the District and
the City do hereby forever release each other from any claims, demands, damages or causes of
action related to damage to equipment or property owned by the Parties and arising during the
term of this Agreement. It is the intent of the Parties to cover this risk with the insurance noted
above.
8.3 Any certificate of insurance provided by ;either Party shall clearly state who the
provider is, the amount of coverage, the policy number, and when the policy and provisions
provided are in effect.
RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 8
9. Hold Harmless.
9.1 The District agrees to protect, defend, indemnify, and hold harmless the City, its
officers, elected officials, agents, and employees from any and all claims, demands, losses,
liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards,
costs and expenses (including attorneys' fees and disbursements) caused by or occurring by
reason of any negligent act and/or omission of the District, its directors, officials, officers,
employees, agents, and/or volunteers arising out of or in connection with the activities of the
District under and pursuant to this Agreement, including but not limited to any personal injury,
death, and/or property damage claim, demand, lawsuit or other proceeding brought against the
City. The provisions of this section shall survive the termination or expiration of this Agreement.
9.2 The City agrees to protect, defend, indemnify, and hold harmless the District, its
officers, elected officials, agents, and employees from any and all claims, demands, losses,
liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards,
costs and expenses (including attorneys' fees and disbursements) caused by or occurring by
reason of any negligent act and/or omission of the City, its directors, officials, officers,
employees, agents, and/or volunteers arising out of or in connection with the activities of the
City under and pursuant to this Agreement, including, but not limited to, any personal injury,
death, and/or property damage claim, demand, lawsuit or other proceeding brought against the
District. The provisions of this section shall survive the termination or expiration of this
Agreement.
10. District Merger.
10.1 In the event that the District merges with or enters into an interlocal agreement with
any other fire district that is substantially equivalent to a merger, then this Agreement, at the
option of the City, shall be assigned to the newly created fire district and shall remain in full
force and effect as a binding obligation of any such newly -created fire district. However, prior to
any merger or effective date of any interlocal agreement, the District shall present the plan of
merger to the Committee and to the City. The Committee will issue an advisory opinion as to
probable effects of the proposed merger. In any event, the newly created fire district shall be
responsible to carry out the terms and conditions of this Agreement. This Agreement shall be
binding upon and inure to the benefit of the parties, their heirs, executors, administrators,
successors, devisees, assigns and all persons now or hereafter holding or having all or any part
of the interest of a party to this Agreement.
11. Severability.
11.1 Any provision of this Agreement which is determined by a court of competent
jurisdiction to be invalid or unenforceable shall be invalid or unenforceable only to the extent of
such determination, which shall not invalidate or otherwise make ineffective any other provision
of this Agreement. In such event, each Party shall, at the request of the other and to the extent
not prohibited by court order or decree, execute, and deliver whatever additional documents,
and do such other acts, as may be reasonably required in order to accomplish the intent and
purposes of this Agreement.
12. Modification.
RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 9
12.1 This Agreement represents the entire agreement between the Parties. No change,
termination, or attempted waiver of any of the provisions in this Agreement shall be binding on
either of the Parties unless executed in writing by authorized representatives of each of the
Parties.
13. No Third Party Beneficiary.
13.1 This Agreement is entered into solely for the benefit of the Parties hereto. This
Agreement 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.
14. Notice.
14.1 All notices and demands required under this Agreement shall be in writing and
shall be deemed to have been duly given, made, and received when delivered or deposited in
the United States Mall, registered or certified mail, postage prepaid, addressed as set forth
below:
If to the District:
Chair
Board of Fire Commissioners
Yakima County Fire District #12
7707 Tieton Drive
Yakima, WA 98908
If to the City:
City Manager
City of Yakima
129 N. 2nd Street
Yakima, WA 98901
15. No Effect on other Agreements.
15.1 Unless specifically referenced herein, this Agreement shall not modify or alter any
existing prior agreements between the parties.
16. Assignments Prohibited.
16.1 Except as otherwise provided for in this Agreement, no assignment or other
transfer of the rights or obligations granted under this Agreement shall be made or granted by
the District without the express, prior, and written consent of the City.
17. Waivers.
17.1 The waiver by either Party of any breach by the other Party of any term, covenant
or condition herein contained shall not be deemed to be a waiver of such term, covenant or
condition or any subsequent breach of the same or any other term, covenant or condition herein
contained.
RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 10
18. Consents of Municipal Entities.
18.1 Neither the City's nor the District's execution of this Agreement nor any consent or
approval given by the City or the District, respectively, hereunder shall waive, abridge, impair or
otherwise affect the City's or the District's, respectively, powers.and duties as a governmental
body.
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19. Governing Law.
19.1 This Agreement shall be governed by and construed in accordance with the laws
of the State of Washington.
20. Venue.
20.1 The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington in and for Yakima County, Washington, or adjacent counties as
allowed by the laws of the State of Washington.
21. Counterparts.
21.1 This Agreement ent may be executed in any number of counterparts, and each such
counterpart hereof shall be deemed to be an original instrument, but all such counterparts
together shall constitute but one agreement,
22. Entire Agreement.
22.1 This Agreement contains the entire agreement between the Parties with respect to
the provision of Fire Protection Services for the Service Area. No verbal agreement or implied
covenant shall be held to vary the provisions hereof, any statements, law or custom to the
contrary notwithstanding.
22.2 The captions of this Agreement are for convenience and reference only and in no
way define, limit, or describe the scope or intent of this Agreement.
23. Additional Acts.
Except as otherwise provided herein, in addition to the acts and deeds recited herein
and contemplated to be performed, executed and/or delivered by any party hereto, the parties
hereto agree to perform, execute and/or deliver, or cause to be performed, executed and/or
delivered, any and all such further acts, deeds and assurances, which may reasonably be
required to effect the Agreement contemplated herein.
24. Neutral Authorship.
Each of the provisions of this Agreement has been reviewed and negotiated, and
represents the combined work product of all parties hereto. No presumption or other rules of
construction which would interpret the provisions of this Agreement in favor of or against the
party preparing the same shall be applicable in connection with the construction or interpretation
of any of the provisions of this Agreement.
25. Date of Agreement.
25.1 The effective date of this Agreement shall be the date it is approved by the Yakima
City Council and the District Board of Commissioners.
RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 12
IN WITNESS WHEREOF, each Party to this Agreement has caused it to be executed at
Yakima, Washington on the date indicated below.
CITY OF YAKIMA YAKIMA COUNTY (WEST VALLEY)
FIRE DISTRICT #12
By:
R. A. Zais, Jr.
City Manager /
Date: G l 20 j0
ATTEST:
WA} ‘61.4,-41
kr? /q City Clerk
CRY CONTRACT NO: „�aa`..
RteSOWTiON NO: /� Q�y�' K,A71,0
Date: 6'C 3 a70 3
RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 13
EXHIBIT "A"
LEGAL DESCRIPTION FOR THE
SOUTH 72ND AVENUE ANNEXATION
(INCLUDING BRB AMENDMENTS)
All that part of the Southeast quarter of Sectionl9, the South half of Section 20, Section 29, and the North
half of Section 32, ail in Township 13 North, Range 18 East, W.M. described as follows:
Beginning at the point of intersection of the West right-of-way line of South 64th Avenue and the South
right-of-way line of West Washington Avenue; thence Westerly along the South right-of-way line of West
Washington Avenue to the West right-of-way line of South 72nd Avenue; thence Northerly along the West
right-of-way line of South 72nd Avenue to the South line of the Plat of Conover Park, as recorded in
Volume V of Plats, Page 17, records of Yakima County, Washington; thence Westerly along the South
line of the aforesaid Conover Park to the Southwest corner of said Plat; thence Northerly along the West
1/16 line to the South right-of-way line of Zier Road, thence Westerly along the South right-of-way line of
Zier Road to the point of intersection with the West right-of-way line of South 80th Avenue; thence
Northerly along the West right-of-way line of South 80th Avenue to the South right-of-way line of Tieton
Drive; thence Westerly along the South right-of-way line of Tieton Drive to the point of intersection with
the Southerly extended West right-of-way line of South 88th Avenue; thence Northerly along the West
right-of-way line of South 88th Avenue extended to the North right-of-way line of Summitview Avenue;
thence Easterly along the North right-of-way line of Summitview Avenue to point of intersection with the
corporate limits of the City of Yakima thence in a generally Southerly direction following along the West
boundary of the city of Yakima to the North right-of-way line of Midvale Road; thence Westerly along the
North right-of-way line of Midvale Road, and said line extended to the West right-of-way line of South 72"d
Avenue; thence Southerly along the West right-of-way line of South 72nd Avenue to a point 698.00 feet
North of the South line of the Northeast quarter of Section 29 Township 13 North, Range 18 East, W.M;
thence South 88° 45' East to a point that is 700.85 feet East of the West line of the Northeast quarter of
said Section 29; thence South 0° 01'35" West to the point of intersection with the South right-of-way line
of Nob Hill Blvd.; thence Easterly following along the South right-of-way line of Nob Hill Blvd. to the West
line of the East half of the Southeast quarter of Section 29, Township 13 North, Range 18 East W.M.;
thence Southerly along the aforesaid line and the West line of the East half of the Northeast quarter of
Section 32, Township 13 North, Range 18 East W.M. to the Northwest corner of Lot 1, Block 7,
Washington Park, as recorded in Volume DD of Plats, Page12, records of Yakima County, Washington;
thence Easterly following along the North line of said Plat of Washington Park to the West right-of-way
line of South 64th Avenue; thence Southerly along the aforesaid right-of-way line to its point of intersection
with the South right-of-way line of West Washington Avenue and the point of beginning.
RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 14
EXHIBIT "B"
(A STATEMENT OF AN OPERATIONAL POLICY
AGREED TO BY THE FIRE CHIEFS OF THE CITY AND THE DISTRICT.)
Subject: 72"d Annexation Operational Plan
Effective Date: January 1, 2003
Statement of Policy
To provide automatic aid plan for the 72nd Annexation Area
Objectives
• Increase the level of safety for responders.
• Reinforce the initial response within the 72nd Annexation area.
• Ensure the efficiency and effectiveness of both emergency incidents and preplanned
events
• Comply with known incident management laws and standards including:
a. WAC 296-305 Safety Standards for Firefighters
b. NFPA 1500 — Standard for Fire Department Occupational Safety and Health
program.
c. NFPA 1561 — Standard Emergency Services Incident Management System.
Responsibility
• All members of the Yakima Fire Department and Yakima Fire District 12 who manage
either incidents or events are responsible for ensuring that the ICS is utilized in a
manner consistent with this policy.
• The first arriving company or duty officer shall establish command and relieve it upon arrival
of a Chief Officer from either agency.
• A Chief Officer shall be responsible for overseeing the field application of the ICS.
• A Chief Officer shall be responsible for the consistent utilization of ICS in their battalions
and departments.
• Company Officers are responsible for the consistent utilization of ICS in their companies
and Stations.
• Yakima County Fire District 12 shall be responsible for creating the fire report on any
alarm within the area. First arriving companies are empowered to downgrade the
response of incoming companies; however a District 12 company must arrive and
complete the report.
Service Areas: This Automatic Aid Agreement shall apply to fire suppression services,
emergency medical services, and any other services as agreed between the parties within the
agreed 72nd Annexation area. A map of the respective service area is included.
RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 15
Procedure:
Equipment and Personnel: The City of Yakima Fire Department (YFD) shall provide one
Battalion Chief and the nearest Engine/Ladder Company of a multi -company incident. Yakima
County Fire District 12 will provide typical foo the l.. r
- -
County -• --.__..... . � ..... provide a typical r c�N�i lac ivy ti is type of incident (i.e. Residential
Structure Fire, 3 Engines, one chief officer and a rescue). A matrix of the Yakima County Fire
District 12 run cards is attached.
Dispatch: The multi -alarm incident will be simultaneously dispatched for both agencies and all
communications will be immediately routed to F-8.
Cross Training: Staff of each party will meet to establish a schedule for cross training of
personnel to facilitate more efficient operation when both agencies are on an operations site.
Command and Control: The first arriving company or duty officer shall establish command and
relieve it upon arrival of a Chief Officer from either agency per YFD SOP #4.106 Incident
Command and Yakima County Fire District 12 Policy #1106 Incident Command System.
RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 16
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. g
For Meeting of June 24, 2003
ITEM TITLE: Consideration of a resolution ratifying application for a United States
Department of Justice, Office of Community Oriented Policing
Services grant for $125,000.00, to be used to hire an additional School
Resource Officer.
SUBMITTED BY: Interim Chief Roy Willson, Police Department
CONTACT PERSON/TELEPHONE: Lt. Mike Merryman - 575-6218
SUMMARY EXPLANATION:
The Office of Community Oriented Policing has been designated to administer a U.S.
Department of Justice grant to provide federal funds for hiring additional School Resource
Officers.
On June 9, 2003, the Department applied for a U.S. Department of Justice grant administered
by the Office of Community Oriented Policing Services. The "COPS in schools grant" will pay
$125,000.00 towards the wages and benefits of an entry-level officer hired as an SRO and
assigned to the school district for a minimum of three years. The Yakima School District
superintendent has agreed to pay the costs over and above the 125,000.00 for an additional
SRO for the three-year grant period.
The Department is requesting that the City Council ratify and authorize the application and
acceptance of the U. S. Department of Justice grant, and all related actions necessary to
implement the "COPS in schools grant."
Resolution X Ordinance Other (Specify) Grant Application
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-91
(Ik) agenda police ratify SRO grantsm