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HomeMy WebLinkAboutR-2003-148 Extension of Yakima County Fire District No. 12 Agreement ( West Valley )cf RESOLUTION NO. R-2003-148 A RESOLUTION authorizing and directing the City Manager to further extend that certain Agreement for Continuation of Fire Services by and between the City of Yakima and Yakima County (West Valley) Fire District No. 12, dated December 31, 2002, to provide for the continuation of said agreement .and the continuation of fire services in the area commonly referred to as the South 72nd Avenue Annexation in the City of Yakima, Washington. WHEREAS, the City of Yakima ("City") and the Yakima County (West Valley) Fire District No. 12 ("District") mutually recognize the value of their existing Agreement for Continuation of Fire Services, dated December 31, 2002 ("Agreement"), and wish to extend the term of the Agreement for a further term following the first extension of said Agreement authorized in City of Yakima Resolution No. R-2003 90; and WHEREAS, the Yakima City Council finds and determines that it is in the public interest to negotiate an acceptable extension of the Agreement between the City and District for the purposes stated therein, and as stated in Yakima City Council Resolution No. R-2002 150, 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 negotiate and execute an agreement with the District to provide for the further extension of the Agreement in order to maintain the continuation of currently established levels of fire protection services within the S. 72nd Avenue Annexation area. ADOPTED BY THE CITY COUNCIL this 2d day of December, 2003 ATTEST: City Clerk Page -1 Mary ce, Mayor �. ,Q- 2603 -/vg- AGREEMENT /`fig AGREEMENT FOR CONTINUATION OF FIRE SERVICES WITH PROVISIONS FOR RENEWAL: EFFECTIVE JANUARY 1, 2004 THIS INTERLOCAL AGREEMENT (referred to herein as the "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. 72"d 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, as extended by the "Agreement for Continuation of Fire Services with Provisions for Renewal, Effective July 1, 2003," (collectively referred to hereinafter as the "Original Agreement") has been very helpful and useful in our efforts to provide outstanding fire protection services to our citizens, but expires on December 31, 2003 at midnight; and WHEREAS, because of the success of this current relationship, the Parties seek to extend the term of the Original Agreement consistent with the terms of the Original Agreement, with amendment for the change in certain fiscal calculations, and provide for the automatic renewal of the Original Agreement through the end of June, 2004, unless terminated by a party according to the terms herein. 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: 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 $ 354,530 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 $177,265 (or $ 354,530 / 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, RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 2 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 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 govemed by, and subject to, this Agreement (referred to as the "Service Area") is that particular real property commonly referred to as the "South 72"d 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 of ordinance 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 $ 354,530 represented by the portion of a fiscal taxing year during the remainder of the year 2004 if this Agreement is not extended through the end of 2004, 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 $ 177,265 (or $354,530 / 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. 21 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, March 31, 2004. Unless terminated as provided herein, this Agreement shall be automatically renewed for an additional three (3). month renewal term expiring at midnight on June 30, 2004. There shall not be any further renewal terms to this Agreement, unless agreed in writing by the Parties. RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 3 A 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. 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, 2004. During the Tax Remittance Term, the City shall 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 respect 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 use of assets that will be jointly used by the City and the District 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 maybe 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 pre -annexation 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. RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 4 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 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 $ 354,530 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 $$ 88,632.25 (or $ 354,530 / 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 RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 5 for each preceding month's provision of services and for each month following the expiration of this Agreement during the year 2004. 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 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 a recipient of tax assessment 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 party's 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 Tess 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 reconize that, depending on the timing and legality of any annexation, including the S. 72" 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 bring 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 RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 6 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 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. 72"d 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 Govemments. 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 large-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 RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 7 a 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 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 lave following any expiration of this Agreement; provided further, however, during the effective period of this Agreement or following the expiration of this Agreement, any allocation of assets occurring as a result of the S. 72"d Avenue Annexation shall occur in a manner consistent with RCW 35.02 et seq. as that statute existed as of the effective date of the Original 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 the Original 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 Tess 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. RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 8 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. 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, RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 9 and do such other acts, as may be reasonably required in order to accomplish the intent and purposes of this Agreement. 12. Modification. 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 Mail, 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. RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 10 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. 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. RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 11 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 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: — _ 03 ATTEST: Ka City Clerk City Contract No. 2003-101 Resolution No. R-2003-148 By: Date: RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 13 (09-4/0 3 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, all 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 72nd 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: 72nd 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 a typical response for the 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. ' /� For Meeting Of 12-02-03 ITEM TITLE: Authorization of City Manager to extend agreement for continuation of fire services with Yakima County (West Valley) Fire District No. 12, dated December 31, 2002 for fire protection services within the So. 72nd Avenue Annexation Area. SUBMITTED BY: Dennis K. Mayo, Fire Chief, Yakima Fire Department CONTACT PERSON/TELEPHONE: Dennis K. Mayo, Fire Chief— 575-6060 SUMMARY EXPLANATION: The City of Yakima and the West Valley Fire Department have worked collaboratively and professionally in the provision of fire services to the area known as the South 72"d Avenue Annexation. Our current agreement with the West Valley Fire District for service to the South 72nd Ave Annexation expires December 31, 2003. Due to the continued uncertainty regarding the legal status of the annexed area it continues to be in the best interest of both parties to extend the current contract with West Valley Fire District. Negotiations are continuing with the City of Yakima and West Valley Fire Department to detail an extension of the current contract of fire service delivery to the South 72nd Avenue Annexation. City Manager's authorization to execute the agreement will allow both agencies time to develop an agreement that provides the best available protection of life and property to the area. City of Yakima is prepared to offer a contract for fire services to West Valley Fire District to continue their current service levels. Proposed agreement is for three-month increments at a cost of approximately $202,865 until June 30, 2004. City of Yakima Fire Department would provide additional emergency response to the area to enhance protection of life and property. Resolution X Ordinance Contract Other (Specify) Funding Source: General Fund Reserves $202,865 APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve as submitted BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-148 AGREEMENT FOR CONTINUATION OF FIRE SERVICE' 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 a party according to the terms herein. 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: 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 of ordinance 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. 72"d 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 Tax Remittance Term, the City shall 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 respect 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 use of assets that will be jointly used by the City and the District 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 pre -annexation 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 a recipient of tax assessment 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 bring 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 large-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, any allocation of assets occurring as a result of the S. 72nd Avenue 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 72nd 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 Mail, 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. RENEWAL OF AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 11 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 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: 'c ho /0 .3 ATTEST: cnY GON7RAcy NO: RESOLUTION NO: By: YO. - Date: K/3 ok 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, all 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 72nd 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: 72nd 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 a typical response for the 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. For Meeting Of: 06-24-03 ITEM TITLE. Resolution authorizing the City Manager to extend the agreement with Yakima County (West Valley) Fire District No. 12, dated December 31, 2002 for fire protection services within the So. 72nd Avenue Annexation Area SUBMITTED BY: Dennis K. Mayo, Fire Chief, Yakima Fire Department CONTACT PERSON/TELEPHONE: Dennis K. Mayo, Fire Chief — 575-6060 SUMMARY EXPLANATION: The City of Yakima and the West Valley Fire Department have worked collaboratively and professionally in the provision of fire services to the area known as the South 7211d Avenue Annexation. Our current contract with the West Valley Fire District for service to the South 72nd Avenue Annexation expires July 1, 2003. Due to the continued uncertainty regarding the annexed area, it continues to be in the best interest of both parties to extend the current contract with West Valley Fire District. Negotiations are continuing with the City of Yakima and West Valley Fire Department to detail an extension of the current contract of fire service delivery to the South 72nd Avenue Annexation. The City Manager's authorization to execute the agreement will allow both agencies time to develop an agreement that provides the best available protection of life and property to the area. The City of Yakima is prepared to offer a contract for fire services to West Valley Fire District to continue their current service levels. The proposed agreement is for three-month increments at a total cost of approximately $193,217 for the remainder of 2003. The City of Yakima Fire Department would provide additional emergency response to the area to enhance protection of life and property. Resolution X Ordinance Contract Other (Specify) Funding Source: General Fund Reserves $193,217 APPROVED FOR SUBMITTAL: RL-ffeel4 tiC/17 City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-90 RESOLUTION NO. R-2003 90 A RESOLUTION authorizing and directing the City Manager to extend that certain Agreement for Continuation of Fire Services by and between the City of Yakima and Yakima County (West Valley) Fire District No. 12, dated December 31, 2002, to provide for the continuation of said agreement and the continuation of fire services in the area commonly referred to as the South 72nd Avenue Annexation in the City of Yakima, Washington. WHEREAS, the City of Yakima ("City") and the Yakima County (West Valley) Fire District No. 12 ("District") mutually recognize the value of their existing Agreement for Continuation of Fire Services, dated December 31, 2002 ("Agreement"), and wish to extend the term of the Agreement; and WHEREAS, the Yakima City Council finds and determines that it is in the public interest to negotiate an acceptable extension of the Agreement between the City and District for the purposes stated therein, and as stated in Yakima City Council Resolution No. R-2002 150, 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 negotiate and execute an agreement with the District to provide for the extension of the Agreement in order to maintain the continuation of currently established levels of fire protection services within the S. 72nd Avenue Annexation area, subject to approval as to form by the City Attorney. ADOPTED BY THE CITY COUNCIL this 24th day of June, 2003 SI MARY PLACE Mary Place, Mayor ATTEST: Page -1 o be a true and correccopy of the ginai filed in my office. -7470 CITY CLERK 6t%i2! Deputy Subject: 72°d Annexation Operational Plan Effective Date: January 1, 2003 Statement of Pnlicy To provide automatic aid plan for the 72nd Annexation Area Qhjar:tivei • 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. Respnnsihility • 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 AreaR 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. Confidential Brian Schaeffer 4•)/4G/nnM) 9.G7 DIA Page 1 Fnuinmpnt 2nd Pr.±rcnnnpf• ThP ('.itv of Yakima Fira nr.nrtmont (YFfl) ehall nrrwirio nno Battalion Chief and the nearest Engine/Ladder Company of a multi -company incident. Yakima County Are District 12 will provide a typical response for the type of incident (Le. Residential Structure Fire, 3 Engines, one chief officer and a rescue). A matrix of the Yakima CountyFire 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: Stan 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. Confidential Page 2 Brian Schaeffer 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 a typical response for the 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. Confidential Page 2 Brian Schaeffer J S 88TH AVE S 80TH AVE {VIDE HOLLOW- CREEK OCCIDENTAL AVE Ii5 HNI GTQ r 5PFtIJv G c liraquad Exhibit A Lakes / Reservoirs Railroad Line City Limits old City Limits Prior to 9/22/2001 ot .46 CI &f I'.Ifil 711 *tion $a: Scale —lin = 2400f. 0 1200 2400 Created: December 16, 2002 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. g For Meeting Of: 12-17-02 ITEM TITLE: Authorization of City Manger to execute agreement with Yakima County (West Valley) Fire District No. 12 SUBMITTED BY: Dennis K. Mayo, Fire Chief, Yakima Fire Department CONTACT PERSON/TELEPHONE: Dennis K. Mayo, Fire Chief— 575-6060 SUMMARY EXPLANATION: Commencing January 1, 2003 the City of Yakima Fire Department has responsibility for the area known as the South 72nd Avenue Annexation. The West Valley Fire Department currently provides Fire Services to the South 72nd Avenue area. There is uncertainty regarding the legal status of the area. Regardless of this uncertainty, it is in the best interest of both parties to work collaboratively to serve the community. Public safety is the primary goal. City of Yakima is prepared to offer a contract for fire services to West Valley Fire District to continue their current service levels. Proposed agreement is for six months at a cost of approximately $193,217. City of Yakima Fire Department would provide additional emergency response to the area to enhance protection of life and property. Scope of Work: Negotiations are continuing with the City of Yakima and West Valley Fire Department to detail the fire service delivery to the South 72nd Avenue Annexation. City Manager's authorization to execute the agreement will allow both agencies time to develop an agreement that provides the best available protection of life and property to the area. Resolution X Ordinance Contract Other (Specify) Funding Source: General Fund Reserves $193,217 APPROVED FOR SUBMITTAL: �e�.. �, ' a City Manager STAFF RECOMMENDATION: Approve as submitted BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: AGREEMENT FOR CONTINUATION OF FIRE SERVICES 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 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 AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 1 District continuing to provide Fire Protection Services, emergency medical services, fire prevention services, and fire service support services to the Service Area. 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: 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 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 of ordinance 2000-44, dated September 19, 2000. The Service Area is legally described on the attached Exhibit "A," which is incorporated by this reference. AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 2 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, 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 term following this Agreement in the year 2003, 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 expiring on midnight June 30, 2003, unless extended by written consent of both the Yakima City Council and the District Board of Fire Commissioners. 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. 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 from July 1, 2003 to December 31, 2003. During the Tax Remittance Term, the City shall 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 respect 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 use of assets that will be jointly used by the City and the District 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. AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 3 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 pre -annexation 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 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. AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 4 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 six- month term of this Agreement, the District shall be entitled to $167,617 (or $335,233 / 2).) 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 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 a recipient of tax assessment 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, AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 5 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. 72n 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 bring 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 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. AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 6 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 large-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 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, any allocation of assets occurring as a result of the S. 72nd Avenue 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 AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 7 or effect as they relate to the South 72nd 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. 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, AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 8 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. 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 Mail, registered or certified mail, postage prepaid, addressed as set forth below: AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 9 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. 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. AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 10 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 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. AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 11 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 By: . A. Zais, City Manager Date• YAKIMA COUNTY (WEST VALLEY) FIRE DISTRICT #12 d ?moi. 00�� Date: 0 J ATTEST: City Clerk R OUJT;v;, NO AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 12 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, all 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 72nd 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. AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 13 EXHIBIT "B" (A STATEMENT OF AN OPERATIONAL POLICY AGREED TO BY THE FIRE CHIEFS OF THE CITY AND THE DISTRICT.) Subject: 72nd 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. AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 14 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 a typical response for the type of incident (Le. 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. AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 15 Administration Fire Suppression Fire Investigation & Education Training Communications December 16, 2002 401 North Front Street, Yakima, WA 98901 (509) 575-6060 Honorable Mayor and City Council: It appears upon your approval that we have an interlocal agreement with Yakima County Fire District #12 (West Valley Fire Department) for continuation of services to the South 72nd Avenue Annexation. The City of Yakima and West Valley Fire Department are faced with uncertainty due to the recent Supreme Court decision regarding annexations. Our goal for an agreement for the 72nd Ave. Annexation was seamless protection of the lives and property of the citizens of the area. Based on your direction the interlocal agreement is based on the following criteria: • Continuation of current service levels provided by West Valley Fire Department to the area of known as 7211d Ave. annexation beginning January 1, 2003 • Contract for service would continue until July 1, 2003 • Compensation for continuation of services to be based on current property tax revenue paid to West Valley Fire Department for all related fire services to the area of 72n1 Ave. annexation In addition to the continuation of service by West Valley Fire Department we will enhance safety by responding a City Fire Engine and Command Vehicle to all multi -response incidents. A joint response by our departments, I understand will mark the first automatic response by both our agencies to an emergency. Our discussion with West Valley concerning this agreement started in August. I feel that our communications has developed a positive, professional relationship with the administration of West Valley Fire Department. Council's direction has been clear; improve service to our citizens through partnerships. I feel that this agreement reflect that direction. I appreciate your direction and support in crafting this agreement through Attorney Ken Harper. Attached is a draft of the proposed agreement. We were unable to fully complete the contract by the December 17th Council meeting. As you are aware there is a resolution requesting permission to allow City Manager Dick Zais to execute the final agreement on your behalf. Sincerely, Dennis K. Mayo Fire Chief AGREEMENT FOR CONTINUATION OF FIRE SERVICES 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 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 AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 1 District c_.Ontinliing to nrnvirle Fire Protection Services emergene medical cervices} fire prevention services, and fire service support services to the Service Area; 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: A full-time, compensated firefighter, including the Fire Chief, and other fire district officers who work on a full-time basis. LI__LLL_ ...91 VUI ILIc1LL ray l I IC111.. 1 111 IJ LI IG aI IIVUI IL LI 111C IJILY Witt 11ay LU 11 le UIJIIIl..I 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 to as "Fire Protection l Services"). Further, this term I II ll, udes 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 of ordinance 2000-44, dated September 19. 2000. The Service Area is legally described on the attached Exhibit "A," which is incorporated by this reference AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 2 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, 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 term following this Agreement in the year 2003, 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 expiring on midnight June 30, 2003, unless extended by written consent of both the Yakima City Council and the District Board of Fire Commissioners. 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. 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 from July 1, 2003 to December 31, 2003 During the Tax Remittance Term, the City shall 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 respect to any taxes, levies, or other assessments lawfully imposed by the District, or 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 use of assets that will be jointly used by the City and the District 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. AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 3 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 pre -annexation 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 inciudinn the rieiiverl nT the t=ire Prnrecrinn Ser/ICAs to and U/IThtn 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 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. AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 4 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 six- month term of this Agreement, the District shall be entitled to $167,617 (or $335,233 / 2) ). 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 District is not obligated to send any invoice to the City for payment. 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 a 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 a recipient of tax assessment monies collected by the Yakima County Assessor derived from the Service Area. In such event, this Agreement shall become null and void, and 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. Further, 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 AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 5 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 bring 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 III Y be .1I llted by ROW 52.30.02u u1 otl lei piuvisiunS 01 Sime or iecierdi IaW reidieu ler 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: 0) 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 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 J. 72"d 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 AGREEMENT FOR CONTINUATION OF FIRE SERVICES -6 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 large-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 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, any allocation of assets occurring as a result of the S. 72nd Avenue 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 72nd 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. AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 7 8. Liability Insurance 8.1 During the existence of this Agreement, the District and the City shall each 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 other Party as "also insured." The City will continue to insure its fire stations. 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. To the extent possible, the District shall name the City as "Alen 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 The insurance shall be in a form acceptable to the other Party, in the other Party's reasonable discretion, and shall include: all risk property insurance insuring District equipment and buildings at replacement cost comprehensive general liability insurance with a minimum policy limit of two million dollars ($2,000,000.00) per occurrence; boiler and machinery insurance; and a fidelity bond covering the actions of personnel of the District and the City. 8.4 The certificate of insurance provided by each 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. Said policy shall be in effect for the duration of this Agreement. 8.5 The policy provided by the District shall name the City, its elected officials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days' prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and authorized to do business in the State of Washington. 8.6 The policy provided by the City shall name the District, its elected officials, officers, agents, employees and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the District thirty (30) calendar days' prior written notice. The insurance shall be with an insurance company or companies rated A -Vii or higher in Best's Guide and authorized to do business in the State of Washington. 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 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. AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 8 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 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 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 AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 9 14,1 AH 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 Mail, 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 \ii:ma , lVVIA 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. 18. Consents of City 18.1 Neither the City's execution of this Agreement nor any consent or approval given by the City hereunder shall waive, abridge, impair or otherwise affect the City's powers and duties as a governmental body. 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 AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 10 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. Entire Agreement 21.1 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. Date of Agreement. 22.1 The effective date of this Agreement shall be the date it is approved by the Yakima City Council and the District Board of Commissioners. AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 11 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 1 By: A. ais, Jr. City Manager Date: 612 -f -e•+.1".. a.:Q.v` 36Waiti ATTEST: YAKIMA COUNTY (WEST VALLEY) FIRE DISTRICT #12 9i By: J2,1, KEN EAKIN Date: CO7 STT 'FL City Clerk CITY CONTRACT NO' nESOtUT ON N0: SDC f' AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 12 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, all 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 72nd 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, Pagel 2, 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. AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 13 EXHIBIT "B" (A STATEMENT OF AN OPERATIONAL POLICY AGREED TO BY THE FIRE CHIEFS OF THE CITY AND THE DISTRICT.) Subject: 72nd 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 72"d Annexation area. A map of the respective service area is included. AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 14 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 a typical response for the 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. AGREEMENT FOR CONTINUATION OF FIRE SERVICES - 15 RESOLUTION NO. R-2002-150 A RESOLUTION authorizing and directing the City Manager to execute an agreement with Yakima County (West Valley) Fire District No. 12 to provide for the continuation of fire services in the area commonly referred to as the South 72nd Avenue Annexation in the City of Yakima, Washington. WHEREAS, the City of Yakima ("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 Yakima County (West Valley) Fire District No. 12 ("District"); and WHEREAS, the City and the District recognize the value of an agreement to provide for the continuation of currently established levels of fire protection services within the S. 72nd Avenue Annexation area; arid WHEREAS, there currently exists a degree of uncertainty regarding the status of the S. 72nd Avenue Annexation, which also results in uncertainty as to which entity has jurisdictional authority within the S. 72nd Avenue Annexation area, 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 S. 72nd Avenue Annexation area; and WHEREAS, the Yakima City Council finds and determines that it is in the public interest to negotiate an acceptable form of agreement between the City and District for the purposes stated herein, 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 negotiate and execute an agreement with the District to provide for the continuation of currently established levels of fire protection services within the S. 72nd Avenue Annexation area. ADOPTED BY THE CITY COUNCIL this 17th day of December, 2002. ATTEST: ROBERTS r s� City Clerk 'LI A (71 r yv ICI ,\1vuu 1O Mary Place, Mayor C rhfied to be a true and correct copy of the or iginai s; �� :' office /Z,%is% Z CITY CLERK 1116 Deputv