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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.1.
For Meeting of: May 19, 2020
ITEM TITLE: Resolution authorizing a Mutual Aid Agreement between all Yakima
County Fire Protection Districts and cities located within Yakima
County
SUBMITTED BY: Aaron Markham, Fire Chief
SUMMARY EXPLANATION:
All Yakima County Fire Protection Districts and cities within Yakima County have negotiated a
Mutual Aid Agreement for Emergency Aid Response pursuant to the authority granted each
agency as provided in Chapter 39.34 RCW in order to jointly and cooperatively provide such
area-wide emergency response services.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
D esolution 5/ / 0 0 r Me
retract 5/5/2020 r Me 0
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RESOLUTION NO. R-2020-
RESOLUTION authorizing a Mutual Aid Agreement between all Yakima County Fire
Protection Districts and Cities located within Yakima County.
WHEREAS, each of the fire agencies own and maintain equipment for the suppression
of fires and for provision of emergency medical services; and
WHEREAS, each of the fire agencies also retain personnel trained to provide various
levels of fire suppression and emergency medical services; and
WHEREAS, the intent of the fire agencies cooperating in this Agreement is to provide
the maximum possible protection for the lives and property of the residents within their
respective jurisdictions; and
WHEREAS, in accordance with the terms of the Yakima County Fire Protection District
and Cities Mutual Aid Agreement, attached hereto and incorporated herein by this reference,
the fire agencies intend to render to each other the maximum cooperation possible, through
sharing personnel, equipment, and other resources available to them, in order to provide the
highest level of fire suppression and emergency medical services; and
WHEREAS, some of the fire agencies may have specialized resources that may be
made available to the parties to the Agreement under certain circumstances; and
WHEREAS, the City Council finds and determines that approval of the Mutual Aid
Agreement for Emergency Aid Response attached hereto is in the best interests of the residents
of the City of Yakima, and that such approval will promote the general health, safety and welfare
of the City; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is authorized and directed to sign the "Yakima County Fire Protection
District and Cities Mutual Aid Agreement", attached hereto and incorporated herein by this
reference, to facilitate the cooperation of the parties toward achieving maximum fire safety and
emergency response, for the benefit of the City and each of the parties hereto.
ADOPTED BY THE CITY COUNCIL this 19'h day of May, 2020.
ATTEST: Patricia Byers, Mayor
Sonya Clear Tee
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YAKIMA COUNTY FIRE PROTECTION
DISTRICT AND CITIES MUTUAL AID AGREEMENT
IM-W12KAA-20421
YAKIMA COUNTY FIRE DISTRICTS AND CITIES MUTUAL AID AGREEMENT FOR:
U.S. ARMY -JBLM-YTC
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 1
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 2
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 3
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 4
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 5
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 6
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 7
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 9
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 11
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 14
CITY OF YAKIMA
CITY OF GRANGER
CITY OF SELAH
CITY OF NACHES
CITY OF WAPATO
CITY OF TOPPENISH
CITY OF SUNNYSIDE
CITY OF ZILLAH
CITY OF GRANDVIEW
CITY OF MABTON
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SUBJECT: IM-W12KAA-20421 Yakima Co. Fire Protection — Districts and Cities MAA
Yakima County Fire Protection
District and Cities Mutual Aid Agreement (MAA)
IM-W12KAA-20421
THIS AGREEMENT is entered into under the authority of RCW 52.12.031 , 35.30.010,
35.22.280, and RCW Chapter 39.34, and by the Secretary of the Army acting according
to the authority of section 1856a, title 42, United States Code; 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 parties 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 (YCFPD), 1 , 2, 3, 4, 5, 6, 7, 9, 11 , 12, and 14, the Cities of Naches, Selah,
Wapato, Granger, Toppenish, Sunnyside, Zillah, Grandview, Mabton, and Yakima, and
the United States Army, Joint Base Lewis-McChord, Yakima Training Center, Fire and
Emergency Services (JBLM-YTC-FES). This Agreement shall commence upon signing
by all parties and remain in effect until modified by mutual consent or in accordance with
section 12 — Termination.
2. REQUEST FOR ASSISTANCE: The Incident Commander of any party at the scene
of the emergency may request, from other parties to the Agreement, firefighting,
emergency medical, equipment and/or personnel in excess of that immediately
available to the Incident Commander.
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
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SUBJECT: IM-W12KAA-20421 Yakima Co. Fire Protection — Districts and Cities MAA
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 Fire Chiefs Mutual
Aid Matrix as adopted by the Yakima County Fire 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 must be upgraded to ensure
the qualifications, performance, efficiency and safety of personnel responding to mutual
aid emergencies. Each party, excluding JBLM-YTC-FES, shall be responsible for
ensuring that its personnel are properly trained to State & County standards and
appropriately equipped when responding to mutual aid emergencies. JBLM-YTC-FES
shall be responsible for ensuring that its personnel are properly trained to the training
standards identified in Army Regulation (AR) 420-1 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 opinion of 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.
e. To support training and awareness, the chief fire officers and personnel of the fire
departments of the parties to this agreement are invited and encouraged, on a
reciprocal basis, to frequently visit each other's activities for guided familiarization tours
consistent with local security requirements and, as feasible, to jointly conduct prefire
planning inspections, drills, and training.
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 JBLM-YTC-FES 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 may be assigned to the dispatch agency with
jurisdiction over the emergency to assist in the coordination of remaining, resources.
Coordination may include:
a. Relieve incident commanders of the pressure of ensuring response to other
emergencies.
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SUBJECT: IM-W12KAA-20421 Yakima Co. Fire Protection — Districts and Cities MAA
b. Inventory remaining available resources.
c. Combine resources to form Strike Teams, Task Forces, etc...
d. Call for backfill, move-ups, etc., to anticipate subsequent emergencies.
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 the 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. LIABILITY AND CLAIMS:
a. As to any and all claims, demands, losses, liens, liabilities, penalties, fines,
lawsuits, and other proceedings and all judgments, awards, costs and fees resulting
from death or bodily injury to any person or damage or destruction to a third party or
third parties arising under this Agreement between the United States Army JBLM-YTC-
FES and any other party to this agreement:
1 . Each party 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.
2. Each party waives all claims against the other for compensation for any loss,
damage injury or death occurring as a consequence of the performance of this
agreement, except for those claims authorized under 15 U.S.C. S 2210. As to any said
claims to which the United States Army JBLM-YTC-FES is a party, direct all question for
claims to the Installation Agreements Manager, 2008C N. 3rd. Street, Mail Stop 122,
JBLM, WA 98433-9500.
b. As to any and all claims, demands, losses, liens, liabilities, penalties, fines,
lawsuits, and other proceedings and all judgments, awards, costs and fees resulting
from death or bodily injury to any person or damage or destruction to a third party or
third parties arising under this Agreement between any non-U.S. Army JBLM-YTC-FES
parties to this agreement:
1 . Each party agrees to protect, defend, indemnify and hold harmless the other
party's elected and appointed officials, officers, employees, agents, and volunteers from
any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and
other proceedings and all judgments, awards, costs and expenses (including
reasonable costs and attorney fees) resulting from death or bodily injury to any person
or damage or destruction to a third party or third parties to the extent caused by any
negligent act and/or omission of the indemnifying "at fault" party, its elected and
appointed officials, officers, employees, agents, and volunteers and/or subcontractors,
arising out of the performance of this Agreement.
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SUBJECT: IM-W12KAA-20421 Yakima Co. Fire Protection — Districts and Cities MAA
2. In the case of negligence of more than one party to this Agreement, any
damages shall be in proportion to the percentage of negligence attributed to each party,
and each party shall have the right to contribution from the other party in proportion to
the percentage of negligence attributed to the other party.
3. Nothing contained in this section of this Agreement shall be construed to
create a liability or a right of indemnification in any third party.
4. The provisions of this section shall survive the termination or expiration of this
Agreement.
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 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 other cities or 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 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.
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. RESOLUTION 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 in accordance with paragraph 14, the
Presidents will calla hearing of the Yakima County Fire Chiefs Association, which will
select and appoint a panel of three Fire Chiefs as arbitrators, neutral, unbiased, and
uninvolved with the issue being heard. The panel will hear testimony regarding the
dispute and render a recommended decision to the Yakima County Fire Chiefs
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SUBJECT: IM-W12KAA-20421 Yakima Co. Fire Protection — Districts and Cities MAA
Association. Parties shall adopt the recommended decision or terminate the agreement
in accordance with numbered paragraph 12 of this agreement.
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.
17. FILING: A copy of this agreement shall be filed with the County Auditor pursuant to
RCW 39.34.040.
18. WHOLE AGREEMENT: Nothing in this MAA shall be considered as obligating any
party to expend funds or otherwise obligate any party for the future payment of money
in excess of appropriations authorized by law and administratively allocated for the
activities associated with this MAA. This agreement shall become effective upon the
date of the last signature and shall remain in full force and effect for a period not to
exceed nine (9) years, or until cancelled by mutual agreement of the parties, or upon
the provision of at least thirty (30) days advance written notice from the party desiring to
terminate this agreement to the other. In accordance with AR 420-1 , paragraph 25-9,
e(2), this agreement will be reviewed and updated biennially based on the anniversary
of the effective date, unless previously terminated by one or more of the parties. The
IAM will initiate the biennial reviews and the request for renegotiation. Following the
nine (9) years, the agreement will either automatically terminate or can be renegotiated.
This writing constitutes the entire agreement between the parties, and supersedes any
and all such former agreements which are 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.
19. SIGNATURES: It is agreed that this Agreement may be signed together or by each
District or City separately and the signatures of all Districts and Cities need not be
placed on a single document. The person executing this Agreement on behalf of the
District or City represents and warrants that he or she has been fully authorized by the
governing body of the District or City to execute this Contract on its behalf and to legally
bind the Districts and Cities to all the terms, performances and provisions of this
Contract. The signature authority will sign and date the signature page, page six, of this
agreement. If multiple signature pages are used, all signature pages will be attached to
the final agreement and forwarded to all parties upon completion.
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SUBJECT: IM-W12KAA-20421 Yakima Co. Fire Protection — Districts and Cities MAA
MUTUAL AID AGREEMENT IM-W12KAA-20421 -- SIGNATURE PAGE:
PARTY NAME/TITLE SIGNATURE & DATE
For the Secretary of the Skye D. Duncan
Army— JBLM-YTC Colonel, US Army
YCFPD NO. 1 Richard J. Woodall
Fire Chief
YCFPD NO. 2 Rex Reed
Commission Chair
YCFPD NO. 3 Alan Baird
Chief, YCFPD #3
YCFPD NO. 4 David Ramynke
Fire Commissioner
YCFPD NO. 5 Ernest W. Gasseling
Commissioner Chair
YCFPD NO. 6 Ken Frazier
Fire Chief
YCFPD NO. 7 Rhon Rasko
Fire Chief
YCFPD NO. 9 Ted VanderHouwen
Commission Chair
YCFPD NO. 11 Rocky Willet
Commission
YCFPD NO. 12 Jim Borst
Commissioner Chair
YCFPD NO. 14 Wayne Frudd
Commissioner
CITY OF YAKIMA Alex Meyerhoff
Interim City Manager
CITY OF GRANGER Jose Trevino
Mayor
CITY OF SELAH Sherry Raymond
Mayor
CITY OF NACHES Alan Baird
Chief, YCFPD #3
CITY OF WAPATO Bob Clark
Fire Chief
CITY OF TOPPENISH Mark Oaks
Mayor
CITY OF SUNNYSIDE Francisco Guerrero
Mayor
CITY OF ZILLAH Scott Carmack,
Mayor
CITY OF GRANDVIEW Gloria Mendoza
Mayor
CITY OF MABTON Luke Cussins
Fire Chief
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