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HomeMy WebLinkAboutR-2005-079 Agreement with Fire District #12RESOLUTION NO. R-2005- 79 A RESOLUTION authorizing and directing the City Manager to execute an "Amendment to Interlocal Agreement Between The City of Yakima And Yakima County Fire Protection District No. 12 For Use And Maintenance Of Fire Station No. 1" to extend the term of the original interlocal agreement through July 31, 2005. WHEREAS, RCW Chapter 39.34 permits governmental entities to enter into interlocal agreements to accomplish mutually beneficial purposes in the public interest; and WHEREAS, Yakima County Fire Protection District No. 12 ("FPD #12") and the City of Yakima have an ongoing cooperative relationship in protecting and serving the citizens of Yakima County and the City of Yakima and in enhancing public safety in Yakima County and the City of Yakima; and WHEREAS, the City and the District previously executed an interlocal agreement (City Contract No. 2004-69) whereby the District agreed to permit the City to co -locate with the District at the District's Fire Station No. 1 located at 7707 Tieton Drive ("Station No. 1"); and WHEREAS, said interlocal agreement expires at midnight, May 31, 2005; and WHEREAS, the City and the District are in the process of negotiating an asset transfer agreement that would transfer ownership of Station No. 1 to the City, but the final terms of the agreement have not been reached yet; and WHEREAS, the joint use of Station No. 1 continues to mutually benefit the City and the District and is in the public interest; and WHEREAS, while the parties anticipate reaching final agreement regarding the terms and conditions of the asset transfer agreement in the near future, the parties desire to extend the term of the interlocal agreement while the negotiations are pending; and Resolution No. R -2005 - Page 1 of 2 WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of the attached amendment to the interlocal agreement with Yakima County Fire Protection District No. 12 to extend said agreement through July 31, 2005, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated, "Amendment to Interlocal Agreement Between The City of Yakima and Yakima County Fire Protection District No. 12 For Use And Maintenance of Fire Station No. 1," to extend the term of the original interlocal agreement through July 31, 2005. ADOPTED BY THE CITY COUNCIL this 17th day of May, 2005. ATTEST: City Clerk Resolution No. R-2005- 79 Page 2 of 2 Paul P. George, Mayor AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN CITY OF YAKIMA AND YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12 FOR USE AND MAINTENANCE OF FIRE STATION NO. 1 THIS AMENDEMENT (the "Amendment") to INTERLOCAL AGREEMENT (the "Agreement") is made and entered into by and between YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12, a municipal corporation (hereinafter referred to as "FPD #12" or the "District") and the CITY OF YAKIMA, a Washington municipal corporation (the "City"). FPD.#12 and the City may be individually referred to herein as a "Party" and may be collectively referred to herein as the "Parties." WHEREAS, RCW Chapter 39.34 permits govemmental entities to enter into interlocal agreements to accomplish mutually beneficial purposes in the public interest; and WHEREAS, this document was adopted by both elected bodies at a duly convened public meeting; and WHEREAS, FPD #12 and the City have an ongoing cooperative relationship in protecting and serving the citizens of Yakima County and the City of Yakima and in enhancing public safety in Yakima County and the City of Yakima; and WHEREAS, on or about June 1, 2004, FPD #12 and the City entered into an interlocal agreement ("Interlocal Agreement Between City of Yakima and Yakima County Fire Protection District No. 12 for Use and Maintenance of Fire Station No. 1 ")(City Contract No. 2004-69), hereafter the "Agreement"; and WHEREAS, the Agreement allows the City to use, and the District to share, the District's Station No. 1 owned by the District and located at 7707 Tieton Drive ("Station No. 1") with the City as provided for in the Agreement; and WHEREAS, the joint use of Station No. 1 mutually benefits the City and the District and is in the public interest; and WHEREAS, the Parties wish to amend, revise, supplement, and/or modify some of the terms of the Agreement pursuant to the terms of this Amendment, and that said amendment and modification of the terms of the Agreement would be to the mutual benefit of the Parties and to the benefit of the public interest. NOW, THEREFORE, in consideration of the foregoing, and of the following terms and conditions, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Amended Terms of Agreement. Upon the mutual execution of this Amendment by the Parties, the Agreement shall be revised, modified, supplemented, and/or amended to include the following terms and provisions: AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12 (WEST VALLEY FIRE DISTRICT) AND THE CITY OF YAKIMA 1 of 3 1.1 Term of Agreement. Section 6.1 of the Agreement is hereby amended to terminate at midnight, July 31, 2005, unless terminated earlier by either Party in accordance with the terms of Section 6.2 of the Agreement (and in accordance with the terms of this Amendment), or unless otherwise further extended by subsequent written agreement of the Parties. 2. Other Terms of Agreement Remain Unchanged. The Parties agree, except as otherwise provided herein in this Amendment, that all other terms of the Agreement shall remain unchanged and unaltered, and that the Agreement is otherwise in full force and effect pursuant to the terms of the Agreement, and pursuant to the terms of this Amendment herein. All other terms of the Agreement are specifically incorporated herein by reference. 3. Further Acts. The Parties agree to reasonably cooperate with each other to execute any documents necessary to effect the Amendment herein. EXECUTED this — day of May, 2005, for YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12: YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12 By: Commissioner By: Commissioner AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12 (WEST VALLEY FIRE DISTRICT) AND THE CITY OF YAKIMA 2 of 3 EXECUTED this 2.0 day of May, 2005, for the CITY OF YAKIMA: CITY OF YAKIMA By: R. A. Zais, Jr. City Manager ATTESTED: Yakima City Clerk Resolution No. le- a.0-0 S - 19 City Contract No. A -a - 5 O AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12 (WEST VALLEY FIRE DISTRICT) AND THE CITY OF YAKIMA 3 of 3 BUSINESS OF THE CITY COUNCIL YAIQMA, WASHINGTON AGENDA STATEMENT ITEM NO. FOR MEETING OF: Mav 17, 2005 ITEM TITLE: Resolution authorizing a 60 -day extension of the existing Interlocal Agreement with Yakima County Fire District No. 12 for joint use and maintenance of the District's Fire Station No. 1. SUBMITTED BY: Dennis Mayo, Fire Chief CONTACT PERSON/TELEPHONE: Brian Schaeffer, Deputy Fire Chief 575-6079 SUMMARY EXPLANATION: Representatives of Yakima and Yakima County Fire Protection District No. 12 are currently in the process of negotiating and finalizing the terms and conditions of an Asset Transfer Agreement whereby the District shall transfer ownership of its Fire Station No. 1 to Yakima. In the meantime, the parties are jointly using and maintaining Fire Station No. 1 pursuant to an Interlocal Agreement that was entered into by the parties last year. Said Interlocal Agreement expires at midnight, May 31, 2005. In all likelihood, it will take an additional 30 - 60 days to finalize the terms and conditions of the Asset Transfer Agreement. In this interim period, the parties would like to continue with the current co -location arrangement that has benefited and enhanced the public safety environment for citizens of both Yakima and Yakima County. Accordingly, attached for City Council consideration is a resolution authorizing a 60 -day extension of the existing Interlocal Agreement between the City of Yakima and Yakima County Fire -District No. 12 for joint use and maintenance of the District's Fire Station No. 1. Resolution X Ordinance Agreement X Other (Specify) Funding Source: APPROVED FOR SUBMITTAL:5 City Manager STAFF RECOMMENDATION: Adopt proposed resolution authorizing a 60 -day extension of the existing Interlocal Agreement between the City of Yakima and Yakima County Fire District No. 12 for joint use and maintenance of the District's Fire Station No. 1. BOARD RECOMMENDATION: N/A COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2005-79