HomeMy WebLinkAboutR-2004-144 Yakima County Fire Protection Districts Mutual Aid AgreementsRESOLUTION NO. R-2004- 144
A RESOLUTION authorizing the execution of a Mutual Aid Agreement with certain
Fire Protection Districts and Cities located in Yakima County.
WHEREAS, the City of Yakima has previously entered into a Mutual Aid
Agreement with certain Yakima County Fire Protection Districts and Cities to render to
each other the maximum cooperation possible and the sharing of personnel, equipment,
and other resources, in order to provide emergency medical and fire suppression services;
and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to enter into the attached Mutual Aid Agreement, 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 an agreement the attached Mutual Aid Agreement with certain
Yakima County Fire Protection Districts, Cities, and United States Army — Yakima
Training Center,
ADOPTED BY THE CITY COUNCIL this 21st day of September 2004.
ATTEST:
Paul P. George, Mayor
K A
City Clerk
YAKIMA COUNTY FIRE
MUTUAL AID AGREEMENT
ORIGINAL SIGNATURE COPY
NO1E:
This document will be kept on file at the Yakima County Assessor's Office.
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Yakima County Fire Protection District and Cities
Mutual Aid Agreement
June 1, 2004
THIS AGREEMENT is entered into under the authority of RCW 52.12.031,
35.30.01035.22.280, and RCW Chapter 39.34, and by the Secretary of the Army under the
authority of 42 U.S.C. 1856a; and
WHEREAS, each of the parties listed below owns and maintains equipment for the
suppression of fires and for emergency medical services; and
WHEREAS, each of the parties also retains personnel who are trained to provide various
levels of emergency medical services and fire suppression; and
WHEREAS, it is the intent of the parties to this Agreement to provide the maximum
possible protection for the lives and property of the citizens resident within respective
boundaries of the parties; and
WHEREAS, the parties intend to render to each other the maximum cooperation possible in
the sharing of personnel, equipment, and other resources, in order to provide emergency
medical and fire suppression services; and
WHEREAS , some of the parties may have specialized resources that may be made
available to other signer's of the agreement under certain circumstances ; now, therefore,
The parties mutually agree as follows:
1. PARTIES: This Agreement is entered into between Yakima County Fire Protection
Districts, 1, 2, 3, 4, 5, 6, 7, 9, 11, 12, and 14, and Cities of Naches, Selah, Tieton,
Union Gap, Wapato, Granger, Toppenish, Sunnyside, Zillah, Grandview, Mabton,
and Yakima municipal corporation of the State of Washington and the United States
Army -Yakima Training Center Fire Department. This Agreement shall commence
upon signing by all parties and remain in effect until modified by mutual consent or in
accordance with sectional , -Termination.
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2. REQUEST FOR ASSISTANCE. The Incident Commander of any party at the scene
of the emergency may request from other parties to the Agreement fire fighting,
emergency medical, equipment and/or personnel in excess of that immediately
available to the Incident Commander.
2 a Request for Specialized Technical Services. The Incident Commander of any
party at the scene of the emergency may request from other parties to the
Agreement rescue, technical expertise, and hazardous material equipment and/or
personnel in excess of that immediately available to the Incident Commander,
provided that costs of personnel beyond the first two hours for such specialized
assistance be the responsibility of the requesting Department.
3. RESPONSE TO REQUEST. Upon receipt of such a request, as defined in Section 2,
each party will endeavor to provide available personnel and equipment subject to the
following conditions:
A. Such assistance does not jeopardize or reduce the level of protection
necessary to carry out the entity's fire and emergency medical protection
responsibilities. No party to this Agreement shall be required to make
equipment or personnel available to any other party where doing so would
create an unreasonable danger to the lives or property of that party's
community.
B. Dispatch of available personnel and equipment shall be in accordance with
the operating plans and procedures established by the Yakima County Task
Force Plan as adopted by the County Chiefs Association, insofar as practical.
C. In the event the needed equipment and personnel are not available, the
responding entity shall immediately advise the requesting party's dispatch
center.
D. All parties recognize the need to provide properly trained and equipped
personnel to respond to mutual aid emergencies. Each party acknowledges
that appropriate training of personnel is necessary, shall be ongoing, and
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must be upgraded to ensure the qualifications, performance, efficiency and
safety of personnel responding to mutual aid emergencies. Each party shall
be responsible for ensuring that its personnel are properly trained to State &
County standards or in the case of the YTC Fire Department, the training
standards identified in Army Regulation (AR) 420-90, and appropriately
equipped when responding to mutual aid emergencies. The Incident
Commander or his/her designee shall have the right to dismiss any personnel
and/or equipment from the scene of a mutual aid emergency that, in the
opinionof the Incident Commander or his/her designee, do not meet the
needs and/or requirements of the emergency. Furthermore, all incoming
mutual aid departments shall have the right to leave a mutual aid scene, if
they feel an incident is not being conducted in a safe and proper manner, to
include the use of Incident Command System.
4. COMMAND RESPONSIBILITY AT EMERGENCY SCENE: The Incident
Commander shall be in command of the emergency and all equipment and
personnel sent to assist him or her regardless of origin. However, if a crash of
aircraft owned or operated by the United States or military aircraft of any foreign
nation occurs within the area for which the parties to this agreement normally
provide fire protection, the Chief of the YTC Fire Department or his or her
representative may assume full command on arrival at the scene of the crash.
5. FIRE COORDINATOR: When large-scale emergencies occur that draw heavily
upon existing resources, a qualified officer shall be assigned to the dispatch agency
with jurisdiction over the emergency to assist in the coordination of remaining
resources. Coordination shall include:
• Relieving incident commanders of the pressure of ensuring response to other
emergencies.
• Inventorying remaining available resources.
• Combining resources to form Strike Teams, Task Forces, etc.
• Calling for backfill, move -ups etc., to anticipate subsequent emergencies.
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6. TERMINATION OF SERVICE: The equipment and personnel of the responding
party shall be released from service and returned to the responding Fire District or
City by the Incident Commander when in his or her opinion conditions warrant.
When releasing personnel and/or equipment Commander shall first release the
incoming mutual aid companies if the needs can be met with the calling agency's
equipment and/or manpower.
7 INDEMNIFCATION: Each party hereto agrees to be responsible and assume
liability in the performance of this Agreement for its own wrongful and/or negligent
acts or omissions, and those of its officers, agents, or employees to the fullest extent
allowed by law.
8. INSURANCE: Each party agrees to maintain adequate coverage, or self -insure for
its own equipment and personnel.
9 COMPENSATION: The parties agree that the added protection provided to their
citizens through pooled resource provided in this Agreement constitutes adequate
consideration for any costs or expenditure for equipment, personnel and other
resources incurred by the parties to this Agreement. Except as otherwise provided
herein, and/or as provided by federal or state law, no party shall be liable to another
party, or parties, for any expense of operation incurred in the performance of this
Agreement.
10 NON-EXCLUSIVE AGREEMENT: The parties to this Agreement shall not be
precluded from entering into similar agreements for automatic first response for
emergency services with the other municipal corporations of fire districts.
11 ADMINISTRATION: The administration of this agreement shall be overseen by the
Yakima County Fire Chiefs Association.
12 TERMINATION: This Agreement may be terminated by any party giving a written
notice to all other parties a thirty (30) day written notice of termination. Termination
by any party shall not affect the operation of this agreement between the other
parties.
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13 INVALIDATION: In the event any portion of this Agreement is ruled invalid by a
court of competent jurisdiction, it is the intent of the parties that the remainder of this
Agreement remains in effect.
14 RESOLUTUION OF DISPUTES: In the event a dispute or disagreement arises
among parties to this Agreement, an involved party may request a mediation
meeting by notifying one of the Presidents. The mediators shall be the Presidents of
the Fire Commissioners Association and Fire Chiefs Association, and the Mayor's
Association and two people at large selected by the two Presidents. They will notify
the parties involved and set the meeting date(s).
15 Arbitration: Should mediation fail, the Presidents will call a hearing of the Joint
Mutual Aid Council, which as arbitrators, will hear testimony regarding the dispute
and render a recommended decision by majority vote of Council members having
heard all sides to the controversy. Parties shall adopt the recommended decision or
terminate the agreement in accordance with numbered paragraph 1 -of this
agreement
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16 Survival: Any provision of this Agreement that imposes an obligation after
termination or expiration of this Agreement shall survive the term or expiration of this
Agreement and shall be binding on the parties to this Agreement.17SIGNATURES:
Each party to this Agreement shall sign a signature page in a form required by law to
constitute valid execution. Each signature page shall be titled "YAKIMA COUNTY
FIRE DISTRICTS AND CITIES MUTUAL AID AGREEMENT FOR (NAME OF
ENTITY]".
18 Filing: A copy of this Agreement shall be filed with the County Auditor pursuant to
RCW 39.34.040
19 WHOLE AGREEMENT: This writing constitutes the entire agreement between the
parties, and supersedes any and all such former agreements which are hereby
hereby declared terminated and of no further force an effect. No amendment or
modification of this agreement shall be effective unless in writing and executed by
the parties.
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"YAKIMA COUNTY FIRE DISTRICTS AND CITIES MUTUAL AID AGREEMENT FOR:
YAKIMA C TY IRE C SSIONERS ASSOCIATION
BY:
YAKIMA COUNTY FIRE YAKIMA COUNTY FIRE
PROTECTION DISTRICT NO. 1 PROTECTIO DI d ICT NO. 2
COMMISSION CHAIRMAN
BY:
YAKIMA COUNTY FIRE
PROTECTION DISTRICT NO. 3
BY:
YAKIMA COUNTY FIRE
PROTECTION DISTRICT NO. 5
BY:
YAKIMA COUNTY FIRE
PROTECTION DISTRICT\/NO. 7
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item � 1 D
No.
For Meeting of: 9/21/04
ITEM TITLE: A resolution authorizing the execution of a Fire Mutual Aid Agreement
between the City of Yakima and a other jurisdictions in Yakima County.
SUBMITTED BY: Dennis K. Mayo, Fire Chief
CONTACT PERSON/TELEPHONE: Dennis K. Mayo (575-6060)
SUMMARY EXPLANATION:
The attached is a Mutual Aid Agreement renewal with certain Fire Districts, Cities
and United State Army — Yakima Training Center, in Yakima County. This
proposal is a reaffirmation and extension of the existing agreement and
cooperation between the different Districts and Cities to share personnel,
equipment and other resources and provide emergency medical and fire
suppression services when needed.
Resolution Ordinance Contract X Other (Specify)
FUNDING SOURCE:
APPROVED FOR SUBMITTAL:
-�ty Manager
STAFF RECOMMENDATION: Adopt resolution.
BOARD/COMMISSION RECOMMENDATION: City Council Public Safety Committee
members Mary Place, Bernie Sims and Susan Whitman have recommended the proposed
agreement renewal of agreement. Public Safety Committee recommends future amendment of
Section 14. "Resolution of Disputes" To accept Council of Governments in lieu of Mayor's
Association as a recognized mediator.
COUNCIL ACTION:
Resolution adopted. RESOLUTION R-2004-144