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HomeMy WebLinkAboutR-2004-043 International Association of Firefighters (IAFF) Local 469 Letter of Understanding (re: S. 72nd Avenue Annexation)Item B RESOLUTION NO. R-2004-43 A RESOLUTION authorizing and directing the City Manager to execute a Letter of Understanding between the City of Yakima and the International Association of Firefighters Local 469 regarding fire protection servicesin the South 72nd Avenue annexation area. WHEREAS, the International Association of Firefighters Local 469 ("IAFF") is the exclusive bargaining representative for Fire Department employees in the LEOFF and PERS classifications, 9-1-1 Call takers, Public Safety Dispatchers, and Lead Public Safety Dispatchers with exceptions for the Fire Chief, Deputy Fire Chiefs, Battalion Chiefs, Alarm Supervisor, Administrative Assistant, Public Safety Communications Division Manage, and Public Safety Communications Supervisor. WHEREAS, on March 19, 2003, IAFF filed an Unfair Labor Practice complaint with the Public Employment Relations Commission regarding the City's contract with West Valley Fire District No. 12 for fire protection services in the South 72nd Avenue annexation area; and WHEREAS, on February 24, 2004, the Unfair Labor Practices complaint was deferred to arbitration by the Public Employment Relations Commission; and WHEREAS, IAFF has expressed a willingness to settle the issues of fire protection services in the South 72nd Avenue annexation area and withdraw its Unfair Labor Practices complaint in accordance with the terms and conditions of the attached Letter of Understanding; and WHEREAS, the City Council has determined that it is in the best interest of the City of Yakima to resolve the issues of fire protection services in the South 72nd Avenue annexation area in accordance with the terms and conditions of the attached Letter of Understanding, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated "Letter of Understanding" with the International Association of Firefighters Local 469. ADOPTED BY THE CITY COUNCIL this 16th day of March , 2004. ATTEST: City Clerk (3„eq Paul P. George, Mayor LETTER OF UNDERSTANDING THIS LETTER OF UNDERSTANDING is made by and between the International Association of Firefighters (IAFF) Local 469 and the City of Yakima, Washington, and is intended to address issues regarding the South 72"1 Avenue annexation. WHEREAS, the Collective Bargaining Agreements by and between the City of Yakima and Local 469 state that Local 469 is the exclusive bargaining representative for the following City employees: all Fire Department employees in LEOFF classifications, all regular Fire Department employees in the PERS classifications, 9-1-1 Calitakers, Public Safety Dispatchers, and Lead Public Safety Dispatchers with exceptions for temporary employees, the Fire Chief, Deputy Fire Chiefs, Battalion Chiefs, Alarm Supervisor, Administrative Assistant, Public Safety Communications Division Manager, and the Public Safety Communications Supervisor. (Article 1.1 of LEOFF CBA; Article 1.1 of PERS CBA; and Article 1.1 of Dispatcher CBA.) WHEREAS, the IAFF Local 469 ("Union" herein) has been and shall continue to be in the future the exclusive bargaining representative of the firefighters who provide fire protection services and other related fire department services within the City of Yakima. WHEREAS, the City of Yakima ("City" herein) is a Charter City of the first class of the State of Washington and is the employer of all members of the Yakima Fire Department ("YFD" herein). WHEREAS, the Union currently has an Unfair Labor Practice pending against the City with the Washington State Public Employment Relations Commission (PERC Case No. 17337-U-03-4474) in regards to issues that are related to the South 72nd Avenue annexation. WHEREAS, the Union claims and the City denies that the City violated RCW 41.56 by contracting out the Union's bargaining unit work in the annexed area to Yakima County (West Valley) Fire District No. 12. WHEREAS, it is understood and agreed that this Letter of Understanding is the compromise of a disputed claim, and that the terms and conditions herein are not to be construed as an admission of liability on the part of the City. WHEREAS, the City proposed full-time fire service protection via a three-person fire crew in the existing West Valley Sta. 1 to the citizens of the South 72n1 Avenue annexation area. WHEREAS, it is the current stated policy of the Yakima City Council to annex the Urban Area surrounding the City of Yakima. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is voluntarily agreed by and between the City and the Union, as follows: 1. The City will, by April 1, 2004, assign all of the Union's bargaining unit work in the South 72nd Avenue annexation area to appropriate members of the Union, including new hires. 2. In the future, the City hereby agrees that the City shall not contract out any fire service work or other bargaining unit work of any member of the Union without first fulfilling all of the City's legally required collective bargaining obligations towards the Union. 3. As part of the City's agreement to assign Union work to the members of the Union as described above, the City shall place in-service an additional three- person minimum engine company by April 1, 2004, in order to assist with handling fire protection work in the South 7211d Avenue annexation area. The City shall utilize a minimum of two off-duty personnel to back fill until ample newly hired firefighters are released to work in the operations division. 4. The City shall promote two bargaining unit members to lieutenant by April 1, 2004. 5. Subject to agreement by Yakima County Fire District No. 12, the City shall establish a station in West Valley Sta. 1 where the additional crew will respond starting April 1, 2004. 6. The City and the Union agree to cooperatively formulate a plan on staffmg sta. 91 with an additional person within one hundred and eighty days from the date of this Letter of Understanding. Adding an additional person to Sta. 91's minimum staffmg would establish two three-person minimum companies (increasing minimum staffmg to 20 per platoon). Such an additional person would allow there to be three three-person crews in the downtown stations (Sta. 91 and Sta. 95), which may help offset some of the workload created when West Side stations 93, 94, and 92 respond to alarms. Nothing herein abridges the right of the Yakima City Council to make ultimate staffmg decisions. 7. Subject to agreement by Yakima County Fire District No. 12, the Union shall co - locate with Fire District No. 12 at West Valley Sta. 1 and may respond to emergency incidents outside the City's jurisdiction in Sta. 92's pre-existing response area contingent upon the terms of the contract between the City of Yakima and the West Valley Fire District. 8. The City and the Union agree to discuss durin,g the 2004-2006 CBA Negotiations the number of people hired for the South 72" Avenue Annexation and how that will affect time off. (See LEOFF CBA Article 22.5(a)). 9. The Union shall, by April 15, 2004, withdraw its Unfair Labor Practice complaint (PERC Case No. 17337-U-03-4474) against the City. Both parties hereby agree to abide by the terms and conditions set forth in this agreement. This Letter ; Understanding is executed by the parties this J 7 day of /jig , 2004. Ron Pres Jo gent Local 469 Thomas ; . Schneider Secret. Treasurer IAFF Local 469 ATTEST: /4c -ring City Clerk li ,[%Z ,e ) City Contract o 0200,/-0 7 Dick Zais City Manager City of Yakima Dennis K. Mayo Fire Chief City of Yakima 7rnia<ff)-- Resolution No. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of March 16, 2004 ITEM 'I'I1'LE: Consideration of Legislation regarding the South 72nd Avenue Annexation Fire Service Delivery by: A. Consideration of the recommended "Staffing Plan" report that adds an engine company and (9) new full-time positions; and B. A resolution executing a Letter of Understanding between the City of Yakima and the International Association of Firefighters Local 469; and C. An ordinance amending the 2004 budget for the Fire/EMS Department. SUBMIT"TED BY: Richard A. Zais, City Manager, Dennis Mayo, Fire Chief CONTACT PERSON/TELEPHONE: Dennis Mayo, Fire Chief - 575-6060 Steve Scott, Deputy Fire Chief - 575-6060 SUMMARY EXPLANATION: City Management and the Fire Department recommend extending full-time Fire Protection Service to the annexed areas. The Fire Department requests to add an engine company, (12) personnel, to provide Fire/EMS service to the South 72nd Avenue Annexation and the western section of the City. This is based on our duty to serve this area with a standard of protection that is consistent throughout the City and as outlined by the Staffing Plan report. (Item A) (Continued) Resolution X Ordinance X Contract Other (Specify) Staffing Report Funding Source General Fund/EMS Fund Property Taxes APPROVED FOR SUBMITTAL: ity Manager STAFF RECOMMENDATION: A) Accept the recommended Staffing Plan report, increasing Fire Department staffing by (9) positions; B) Adopt a resolution for executing a Letter of Understanding between the City of Yakima and the International Association of Firefighters Local 469; and C) Read Ordinance by title only at the March 16, 2004 meeting; pass Ordinance after second reading at the April 13, 2004 meeting. BOARD/COM 1SSION RECOMMENDATION: Council Public Safety Committee reviewed and endorsed these actions at their March 2, 2004 meeting. COUNCIL ACTION: (B) (C) (A) APPROVED_ Resolution adopted. REOLUTION NO. R-2004-43 First reading of ordinance; second reading scheduled 4-13-04 Fire Department Agenda -cont. The addition of an engine company would be accomplished by utilizing (3) three currently' authorized but unfilled positions and increasing stifling by (9) nine newly authorized positions. The proposal contemplates the termination of the current contract with West Valley Fire District #12 effective April 1, 2004 (see Attachment 1). Costs and budget related to extending full-time fire protection service to the annexed area and western area of the city are itemized and the revenue sources exist and are identified. In summary, the balance of the budget for the contract with West Valley Fire District #12 will be reallocated to salary/other operating expenses in both the General and EMS Funds; capital contributions from the EMS fund will be reallocated 6Lsalary expense, and a balanced appropriation is being proposed Yit LLL1would increase the budgeted amount of Property tax to match updated collection estimates for the actual 2004 levies in both the General Fund and EMS Funds to cover any additional cost above the current budget. No General Fund or EMS Fund reserves are proposed to be used in 2004. The International Association of Firefighters Local #469 filed an Unfair Labor Practice complaint with the Public Employment Relations Commission regarding the City's contract with West Valley Fire District No. 12 for fire protection services Ln the South 72nd Avenue Annexation area. Local 469 has expressed a willingness to settle the issues and withdraw its Unfair Labor Practice complaint in accordance with the Letter of Understanding. (Item B) At the March 2, 2004 meeting, the Yakima City Council Public Safety Committee, comprised of Councilpersons Bernard Sims, Mary Place and Susan Whitman, reviewed and endorsed the "Staffing Plan", "Budget Proposal', and the "Letter of Understanding. Staff is requesting that the City Council accept the report and authorize the City Manager to implement the recommended "Staffing Plan", creating (9) nine new positions — (1) one Captain, (2) two Lieutenants (6) six Firefighters; and filling (3) three current vacancies. By accepting the report and the budget presented, the 12 positions will exist necessary to extend full-time Fire Protection service to the South 72nd Avenue Annexation and the western section of the City. (Item A) It is also requested that Council direct the City Manager to execute the Letter of Understanding between the IAFF Local #469 and the City of Yakima regarding fire protection services in the Smith 72nd Avenue annexation area and elimination of the Unfair Labor Practice (PERC Case # 17337-U-03-4474). (Item B) Council is also requested to approve the attached Appropriation Ordinance increasing the 2004 budget, funded by an increased estimate of property taxes for the Fire Department with the understanding that tis endeavor is financially feasible within current budgetary revenues. (Item C) Administration Fire Suppression Fire Investigation & Education Training Communications 401 North Front Street, Yakima, WA 98901 (509) 575-6060 TO: Honorable Mayor and City Council FROM: Dennis Mayo, Fire Chief SUBJECT: South 72nd Avenue Annexation Fire Protection Overview DATE: March 16, 2004 The January 29, 2004 Washington State Supreme Court opinion issued regarding the South 40th Annexation removed the uncertainty that existed of who had jurisdictional authority of providing fire service to the South 72nd Avenue Annexation. Based on the Supreme Court opinion, a notice of termination of the South 72' Avenue Annexation contract with West Valley Fire Department has been issued. The termination of the contract will become effective April 1, 2004 (attachment 1). Our contract with West Valley Fire Department has been an effective, professional and cooperative effort at all levels from the Yakima City Council and West Valley Fire District Commissioners to the firefighters from both agencies responding to the emergency needs of the citizens. Our relationship has been a model of collaboration in public service not to be diminished within the differences in the legal arena. The City of Yakima now has clear responsibility to provide fire protection to the South 72nd Avenue Annexation. Provision of service by the Yakima Fire Department to the South 72" Avenue Annexation is consistent with a fundamental duty to serve the area and coincides with other services the City has been providing to South 72" Avenue Annexation; police, transit and public works. Local 469 of the IAFF (International Association of Fire Fighters) has filed an Unfair Labor Practice with the Public Employees Rights Commission. Local 469 is asserting our current contract with West Valley Fire Department is a violation of employee rights and a refusal to bargain in good faith by subcontracting fire protection services with the West Valley Fire Department without providing an opportunity for bargaining. City administration and Local 469 have negotiated a resolution that will remove the Unfair Labor Practice complaint. Attached is item B, which is a draft of the Letter of Understanding that removes the Unfair Labor Practice. A division of assets from a fire protection district to a city occurs when the area annexed will impose a significant increase in the fire suppression responsibilities of the city with a corresponding reduction in fire suppression of the fire protection district. In the City of Yakima's contract termination letter to West Valley Fire Department, the City included a request to restart negotiation for division of assets. In response to the South 72nd Avenue Annexation a division of assets negotiation began in 2001 with the West Valley Fire Department and the City of Yakima. The division of asset negotiations was abruptly stopped when the Supreme Court issued their 2002 opinion that questioned the method of annexation that was utilized. Our goal is to provide the best fire service protection possible by working cooperatively with the West Valley Fire Department. Fire Protection Service to the South 72nd Avenue Annexation will dramatically improve protection of life and property not only to the annexed area but greatly improve the ability of the Yakima Fire Department to serve the entire city. Item A Staffing Plan of the S. 72nd Ave Annexation Area On March 2nd the Public Safety Committee was presented for their review, the financial package and service delivery plan to provide fire protection to the area beginning April 1st. After review of staff recommendations the Public Safety Committee has approved the following staffing plan and will make a proposal to Council at the March 16th City Council meeting regarding level of service to be provided to the South 72nd Avenue Annexation. Staff recommendation is to place in-service an apparatus (Reserve Fire Engine) at our 40th and Englewood Station to serve the South 72nd Avenue Annexation on April 1St Three personnel would be assigned to the engine company each day. It has been our experience that 24 hour staffing that travels from the Englewood Station to the South 72nd Annexation areas provides an overall faster response time to emergencies than the current volunteer response from West Valley Fire Department. It is our goal that responding from the Englewood Station would be an interim solution until a division of assets is determined from the South 72nd Annexation or a co -location agreement is reached with West Valley Fire. Public safety of the citizens in the area of the South 72nd Avenue Annexation is best served by both agencies working together once again. A joint co -location or interagency sharing of the 77th and Tieton Station is fundamental to prompt definitive service to the area. Labor and management units have meet with West Valley Fire management and volunteers to discuss the possible co -location of both agencies in the 77th and Tieton Fire Station. Discussions have been positive and staff is optimistic that the 77th and Tieton Fire Station can become an interagency facility. Discussions have centered on immediate interagency occupation of the station while the division of assets are negotiated. It continues to be the goal of the City of Yakima and West Valley Fire Department to work together to provide seamless coverage as we work through the final process of fire protection in the South 72nd Avenue Annexation. When a new firefighter joins the Yakima Fire Department, it requires six weeks of training to prepare and certify them for emergency duty. Due to safety and span of control it is not recommended to train more than six new firefighters during each six- week training period. To efficiently staff a fire station that houses a responding fire engine takes a total of twelve firefighters. Increasing the number of personnel to staff an additional engine company for the annexation takes time and flexible allocation of resources. Our staffing plan is a staggered level of adding personnel to provide service to the area that minimizes overtime during the time it takes to train new firefighters to certify for duty. To have sufficient personnel to staff the new apparatus without the incurrence of excessive overtime, staff proposes hiring six new firefighters on April 1st and an additional six firefighters to be hired on June 1St. Three of the twelve personnel we propose hiring are currently budgeted positions. Reinstatement of these three vacant positions would provide us additional personnel that would reduce overtime impact. Unbudgeted staffing to serve the South 72nd Annexation staffing would be a net increase of nine additional full time employees. Our staffing plan begins with an Engine Company (Engine 92) placed in-service on April 1St at the 40th and Englewood Station. Overtime money will fund the staffing of Engine 92 until six firefighters hired on April 1St are certified for emergency duty (May 15th) Overtime will be further reduced after the remaining six firefighters that are hired on June 1st become certified for duty on July 15th Staffing of Engine 92 at the Englewood Station would continue until a facility is available in the South 72nd Avenue Annexation or an agreement is made to have interagency co -location of the 77th and Tieton Fire Station. Funding for staffing and resources necessary to deliver service to provide South 72nd Avenue Fire Protection is provided from a variety of sources. The revenue flow for fire protection includes: Emergency Medical Services property tax, general fund property tax, general fund utility taxes, sales tax and other resources. On the following pages are the Budget Plan that details the revenue and expenditures of the South 72nd Avenue Annexation Staffing Plan. South 72nd Avenue Annexation Budget EXPENSES OPERATIONS PERSONNEL (Salary and Benefits) 1 New Captain Position 2 New Lieutenant Positions 6 New Firefighter Positions 3 for 9 months of year 6 for 7 months of year 3 Existing Firefighter Positions (Vacant) TOTALS OVERTIME 3 -Person Crew on E-92 Apr. 1 to May 15 $71,440 1 -Person from May 15 to July 15 $52,440 Instructor and Backfill for Academy $20,000 TOTAL OVERTIME $143,880 TOTAL PERSONNEL EXPENSES RATE $91,000 $81,000 $60,000 $60,000 $60,000 $60,000 1ST YEAR FACTOR 0.75 0.75 0.75 0.58 0.75 Contract with WV Jan.1 to March 31 $405,730 0.25 Other Hiring/Operating Expenses (1) Station Operating Expenses (2) TOTAL EXPENSES APRIL'04 $68,250 $121,500 $135,000 $208,800 $135,000 $668,550 $143,880 $812,430 $101,433 $20,000 $933,863 (1) Includes Physicals, Psychological exams, and Background Checks. (2) Reflects cost of operating 24 hour full-time coverage facility. Not anticipated until 2005. Annualized 2005 $91,000 $162,000 $360,000 $180,000 $793,000 $36,000 $829,000 $40,000 $869,000 RESOURCES General Fund -Property Tax (1) General Fund -Utility Taxes, Sales Tax, Other Resources (2) EMS Fund -Property Tax (3) TOTAL RESOURCES $595,000 $240,000 $116,000 $951,000 $595,000 $180,000 $120,000 $895,000 REVENUE FLOW (1) General Fund Property Tax from the So 72nd/Congdon Annexation that is available for Fire Service. Annexation Property Tax Increase $1,000,000 Less: Library -$130,000 Streets -$200,000 Parks -$75,000 Net Available for Fire $595,000 (2) Represents a portion of resources other than property tax (i.e. utility taxes, sales tax, and other resources) generated from the annexation area which were allocated for Fire Department use. This would include (3) three Firefighter positions already in the 2004 budget, but currently unfilled. (3) 2004 represents the amount of EMS property taxes available for servicing the annexation areas. The annualized budget represents 2 firefighter positions allocated to the EMS fund. Fire Department 3/11/2004 South 72nd Avenue Annexation Budget The attached budget breakdown reflects the budgetary needs to provide for the addition of an engine company, beginning April 1, 2004 to provide Fire and EMS protection to the western portion of the City of Yakima. EXPENSES Personnel: (Factored for partial year 2004 and Annualized for 2005) • Hire 12 new personnel (9 newly authorized positions). • Create 1 new Fire Captain, 2 new Fire Lieutenant promotional positions. • Add 6 new Firefighter positions. • Fill 3 currently budgeted (but vacant) Firefighter positions. • Hire 6 Firefighters on April 1, 2004 and 6 Firefighters on June 1, 2004. • Two recruit academies, (April 1 to May 15) and (June 1 to July 15). • Salary assumptions are based on 2003 rates, and will be subject to change subject to labor negotiations with IAFF local 469. Overtime: (Staffmg the engine until the new personnel are trained and training costs) • Personnel to staff engine from April 1 to July 15. • Instructor and Backfill for the two recruit academies. • Overtime spike due to transition coverage of engine company. Year to Date Cost: (Contract with West Valley Fire District) • $101,433 through March 31. Station Operating Expenses: • Estimated for anticipated facility for 2005. Negotiations in process for transfer of assets. RESOURCES • Appropriations derived from existing revenue flow, WV contract budget, and Capital. • EMS Fund Property Tax to be dedicated to 2 Firefighter positions. Budget Amendments Necessary for 2004: • Transfer 75% (April through December) of the contract with West Valley Fire District 12 from professional services to salary/overtime accounts --$266,000 in General Fund, $40,200 in EMS Fund. • Transfer $50,000 from the capital contribution account in EMS Fund to salary/overtime accounts --anticipated to be recovered from the future distribution of assets negotiated with the Fire District. • Pass an appropriation ordinance which increases budgeted property tax revenue to updated estimates of levy collection amounts, and completes the additional expenditure budgets in salary and other operating accounts --$158,000 in General Fund, $13,000 in EMS Fund. • Other costs are already included in the 2004 budget (i.e. 3 firefighter positions, 3 top step firefighters that will be promoted to Captain/Lieutenants.) Item C ORDINANCE NO. 2004 AN ORDINANCE amending the 2004 budget for the City of Yakima; and making appropriations within the General and Emergency Medical Services (EMS) Funds for expenditure during 2004 to provide full-time Fire protection service to the South 72nd Avenue annexation area. WHEREAS, the General and EMS funds contain Unappropriated Fund Balances available for appropriation and expenditures during 2004 in various amounts as detailed in the attached Schedule I to provide full-time Fire protection service to the South 72nd Avenue annexation area, and WHEREAS, at the time of the adoption of the 2004 budget it could not reasonably have been foreseen that the appropriation provided for by this ordinance would be required; and the City Council declares that an emergency exists of the type contemplated by RCW 35.33.091 and that it is in the best interests of the City to make the appropriation herein provided, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Appropriations are hereby made, for expenditure during 2004, from Unappropriated Fund Balances in the various Funds to the various accounts and in the various amounts, to provide full-time Fire protection service to the South 7211d Avenue annexation area, all as specified in the Schedule attached hereto and incorporated herein. Section 2. This ordinance is one making an appropriation and shall take effect immediately upon its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this _ day of 2004. ATTEST: CITY CLERK First Reading: 3-16-2004 Publication Date: Effective Date: Cepperson 3/10/2004 PAUL P. GEORGE, MAYOR AP P ROP .ORDINANCE PAGE "1 SCHEDULE I General Fund - Fire Department RESOURCES: Property Tax 000-000-699-0000-31110-G16 $158,000.00 TOTAL RESOURCES $158,000.00 APPROPRIATIONS: Salaries -Permanent 000-032-122-0000-52220-111 TOTAL APPROPPe .EX T i4,J1 S Emergency Services RESOURCES: Emergency Services 150 -150 -699 -0000 -33825 -EMS $158,000.00 $158000.00 $13,000.00 TOTAL RESOURCES $13,000.00 APPROPRIATIONS: Salaries -Pei n tanent 150-150-122-0000-52220-111 $13,000.00 TOTAL APPROPRIATIONS $13,000.00 erp 3/11/2004 11.15 AM appropriation mise OFFICE OF THE CITY MANAGER 129 North Second Street CITY HALL, Yakima, Washington 98901 Phone (509) 575-6040 February 26, 2004 Mr. Jerry Craig, Chair Board of Fire Commissioners Yakima County Fire District #12 7707 Tieton Drive Yakima, WA 98908 Attachment 1 Hand Delivered Mailed Certified Return Receipt Requested Re: Notice of Termination of Agreement for Continuation of Fire Services, and Request to Restart Asset Transfer Negotiations Dear Mr. Craig: On behalf of the City of Yakima, I want to acknowledge and thank Fire Protection District #12 for the high degree of cooperation demonstrated while the legal status of the South 40th Avenue and South 72nd Avenue Annexations were respectively pending before the Washington State Supreme Court and the Division III Court of Appeals. The willingness of Fire District #12 to serve, through the Agreements for Continuation of Fire Services, the South 72nd Avenue Annexation area during this difficult time is particularly commendable and appreciated. While the South 72nd Avenue Annexation was not directly before the Supreme Court in Grant County Fire District No. 5 v. Moses Lake, the decision of the Court effectively removes any cloud of uncertainty and validates the legality of the annexation of that area to the City of Yakima. As such, it is appropriate to revisit whether to continue this contractual arrangement between the parties beyond March 31, 2004. At this point, the City of Yakima Fire Department desires to provide full fire suppression and emergency services to the South 72nd Avenue Annexation area. Accordingly, the City hereby notifies Fire Protection District #12 that it is terminating the "Agreement for Continuation of Fire Services" that was executed by the parties on or about December 9, 2003. The termination shall be effective as of midnight, March 31, 2004. The City Fire Department shall begin its full service to the area on April 1, 2004. Additionally, due to the uncertainty of the validity of the South 40th Avenue and South 72nd Avenue Annexations, the City and Fire District #12 never concluded asset transfer negotiations. The City would like to restart these negotiations as soon as possible. Please let me know if this is acceptable to Fire District #12 so that we can arrange a mutually agreeable meeting time. Yakima FC-Amalacnr '1111! Mr. Jerry Craig February 26, 2003 Page 2 On behalf of the City of Yakima, thank you again for the cooperation and efficiency exhibited by Fire District #12 in providing fire suppression and emergency services to the South 72nd Avenue Annexation area during difficult and uncertain times. I look forward to working with you and Fire District #12 in the near future to resolve remaining annexation issues. If you have questions about anything pertaining to this letter, please do not hesitate to call me. Very truly yours, Dick Zais, City Manager cc: Honorable Mayor and City Council members Dennis Mayo, Fire Chief, City of Yakima Fire Department Dave Leitch, Fire Chief, Yakima County Fire District #12 Ray Paolella, City Attorney Ken Harper, Menke Jackson et al, LLP Ron Johnson, IAFF Tom Schneider, IAFF