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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.E.
For Meeting of: June 16, 2020
ITEM TITLE: Resolution authorizing a Fire Protection Services Interlocal
Agreement with the City of Union Gap
SUBMITTED BY: Aaron Markham, Fire Chief
SUMMARY EXPLANATION:
The City of Union Gap and the City of Yakima have negotiated a Fire Protection Services
I nterlocal Agreement for Emergency Aid Response pursuant to the authority granted each
agency as provided in Chapter 39.34 RCW in order to jointly and cooperatively provide such
area-wide emergency response services.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
Mescalgation 5/15/202 r Mama
retract /9/2020 ( r Mama
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RESOLUTION NO. R-2020-
RESOLUTION authorizing a Fire Services Interlocal Agreement between the City of
Union Gap and the City of Yakima.
WHEREAS, the City of Yakima and the City of Union Gap each have the authority to
provide fire protection and emergency medical services within their respective corporate
boundaries; and
WHEREAS, the City of Yakima has established and maintains a fire department capable
of providing fire and emergency response service to the geographical area of Union Gap; and
WHEREAS, from 2015 through 2020, under the terms of two previous contracts, the City
of Yakima has provided fire protection and emergency response services to the City of Union
Gap; and
WHEREAS, the parties wish to continue to contract with one another for the provision of
fire service by the City of Yakima to the City of Union Gap, and for the purpose of enabling the
City of Union Gap to continue to utilize the City of Yakima's fire protection, emergency medical,
technical rescue, and hazardous materials response in the City of Union Gap, thereby avoiding
unnecessary duplication of effort and expenditures of public funds; and
WHEREAS, the service fee established for the City of Union Gap and the method by
which future service fees will be determined is acknowledged by both parties to be fair and
equitable; and
WHEREAS, this Fire Protection Services Interlocal Agreement By and Between the City
of Yakima and the City of Union Gap, attached hereto and incorporated herein by this reference,
is specifically authorized by the Interlocal Cooperation Act set forth in Chapter 39.34 of the
Revised Code of Washington; and
WHEREAS, the City Council finds and determines that approval of the Fire Protection
Services Interlocal Agreement is in the best interests of the residents of the City of Yakima, and
that such approval will promote the general health, safety and welfare of the City; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is authorized and directed to sign the "Fire Protection Services
Interlocal Agreement By and Between the City of Yakima and the City of Union Gap" attached
hereto and incorporated herein by this reference.
ADOPTED BY THE CITY COUNCIL this 2' day of June, 2020.
ATTEST: Patricia Byers, Mayor
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Sonya Claar Tee
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FIRE PROTECTION SERVICES INTERLOCAL AGREEMENT
By and Between The City of Yakima and The City of Union Gap
This Agreement, which hereby incorporates by reference Appendix A "Fire Protection
Services Agreement Scope of Services" and Appendix B "Lease Agreement for Fire Station
Facilities" and all attachments thereto, is made and entered into by and between the CITY OF
YAKIMA, a municipal corporation of the State of Washington, hereinafter referred to as "Yakima"
and the CITY OF UNION GAP, a municipal corporation of the State of Washington, hereinafter
referred to as "Union Gap."
WITN ESSETH:
WHEREAS, in accordance with RCW 39.34.030, both parties have the authority to provide
fire protection and emergency medical services within their respective corporate boundaries, and
WHEREAS, Yakima has established and maintains a fire department, and is capable,
within reasonable limitations, of providing service to the geographical area of Union Gap; and
WHEREAS, two previous contracts were entered into where Yakima provided fire
protection services to Union Gap from 2015 through 2020; and
WHEREAS, the parties heretofore wish to further contract with one another for the
provision of fire service by Yakima to Union Gap, and for the purpose of enabling Union Gap to
continue to utilize Yakima's fire protection, emergency medical, technical rescue, and hazardous
materials response in Union Gap, and thereby continue to avoid unnecessary duplication of effort
and expenditures of public funds; and
WHEREAS, the service fee established for Union Gap and the method by which future
service fees will be determined, as described herein, are acknowledged by both parties to be fair
and equitable; and
WHEREAS, this Agreement is specifically authorized by the Interlocal Cooperation Act set
forth in chapter 39.34 of the Revised Code of Washington; now, therefore
IN CONSIDERATION of the promises and agreements herein contained, and subject to
the terms and conditions hereinafter set forth, it is hereby mutually understood and agreed by the
parties hereto as follows:
1. Service. Scope of service is outlined in Appendix A "Fire Protection Services
Agreement Scope of Services".
2. Deployment Model and Response Performance Objectives. During the term of this
agreement, Yakima shall operate a staffed 3-member company from the Union Gap fire station,
located at 107 W. Ahtanum Rd., which station shall be leased by Yakima from Union Gap with
terms as detailed in Appendix B "Lease Agreement for Fire Station Facilities". Resource
deployment within Union Gap shall be consistent with the practices currently utilized by Yakima.
Response performance objectives shall be in accordance with those standards and objectives
outlined in RCW 52.33.030 and City of Yakima Resolution R-2007-27. EMS resource deployment
shall be based upon the Criteria-Based EMS Dispatch model currently utilized by Yakima.
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3. Personnel.
a. Station assignments and the number of personnel shall be consistent with the
staffing model used by Yakima for all stations. Staffing shall include a minimum
of one (1) station Captain, two (2) Lieutenants, and six (6) firefighters and
comply with Article 13 of the IAFF Local 469 most current CBA.
4. Discretion Regarding Manner of Providing Service. Yakima's Fire Chief shall act
as Fire Chief over personnel and equipment deployed and assigned to the Union Gap fire station
with all the powers and responsibilities entrusted to him or her by law. Yakima's City Manager
alone shall exercise supervisory authority over the Yakima Fire Chief. In all events, Yakima shall
have the sole discretion as to the personnel and equipment that will respond to each call for
service. Yakima shall have complete discretion as to the order of response to calls, and shall be
the sole judge as to the most expeditious, efficient and effective manner of handling and
responding to calls for service or the rendering thereof.
5. Assets. Union Gap shall retain ownership of the following assets:
a. One (1)fire station facility located at 107 W.Ahtanum Rd.which shall be leased
to Yakima pursuant to the terms of Appendix B.
b. All fire apparatus owned and titled by Union Gap shall remain the property of
Union Gap throughout this agreement. Apparatus type shall be sufficient and
comparable to provide the level of services expected as outlined in Appendix
A for structure and wildland firefighting, EMS, and rescue calls.
c. Yakima will be responsible for the annual maintenance and annual pump
testing for Union Gap apparatus. Yakima will provide Union Gap with
verification of completion of annual maintenance and pumping testing and will
provide Union Gap with monthly reports on or around the 10'h regarding the
status of work order repair requests and repair progress. Yakima will also
notify Union Gap in the event of any major mechanical issues as soon as
practical. Union Gap shall be financially responsible for the general repair
maintenance of all apparatus and vehicles they retain ownership and title for.
To insure that minor problems do not become more severe, Yakima shall
arrange for the timely repair and maintenance of the vehicles owned by Union
Gap. When repairs to Union Gap apparatus are needed and believed to
exceed $5,000, Union Gap will be notified prior to repairs being initiated. Any
repair or maintenance completed by an outside vendor shall be submitted to
Union Gap for payment. Any repair or maintenance completed by Yakima
Fire personnel, with the exception of the annual maintenance and pump test,
shall be billed at a $50.00 per hour shop rate plus any cost for parts. Yakima
will be financially responsible to repair apparatus owned by Union Gap that
has been damaged during the course of operations, damaged due to neglect,
or damaged due to neglected apparatus repair work orders.
6. Reporting. Yakima shall provide Union Gap with the following reports regarding
services provided to Union Gap under this Agreement:
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a. During major fires or medical emergencies, Yakima shall make contact with
Union Gap's City Manager or other designated responsible official (by phone
or email). Union Gap shall provide the Yakima Fire Chief with the names,
phone numbers, and email addresses for this purpose.
b. By the first working day following a fire or major medical emergency, Yakima
shall provide Union Gap with an oral and written report confirming the time and
location of the incident, the cause if known, and the general nature and extent
of the loss sustained and/or injuries suffered.
c. The Yakima Fire Chief or his/her designee shall attend one (1) regular Union
Gap City Council meeting per month.
d. On a quarterly basis, Yakima shall provide Union Gap with a written report
illustrating the number and type of service calls to Union Gap for the preceding
quarter, cumulative year-to-date totals, and comparative figures for the prior
year.
e. Annually Yakima shall provide Union Gap with a written report on the results
of fire and life safety inspection activities conducted in Union Gap.
7. Trauma Response. In the event this agreement is terminated or expires and is not
renewed, the trauma response area for the City of Union Gap will revert back to Union Gap.
8. Service Fee. The cost of Services provided pursuant to this contract shall be one
million five hundred ninety-six thousand four hundred thirty-nine dollars ($1,596,439) for 2021,
one million six hundred eighty-four thousand two hundred forty-four dollars ($1,684,244)for 2022,
one million seven hundred seventy-six thousand eight hundred seventy-eight dollars ($1,776,878)
for 2023, one million eight hundred thirty-nine thousand sixty-nine dollars ($1,839,069) for 2024,
and one million eight hundred ninety-four thousand two hundred forty-two dollars ($1,894,242) for
2025.
9. Payment Terms. The Service Fee shall be billed on a quarterly basis at the end
of March, June, September and December. If payment is not received within forty-five (45) days
of billing, a second notice will be sent by certified mail. If payment is not received within thirty (30)
days of the date of the second notice, such payment shall be subject to an interest charge of ten
(10) percent per annum, accrued from the due date of the payment. If payment is ninety (90) days
delinquent, fire service may be withheld until past-due payments, including accrued interest, have
been made in full.
10. Contract Term and Renewal. The term of this Agreement shall be from January 1,
2021 through December 31, 2025. If the parties so agree in writing prior to August 31, 2025, the
term of this Agreement may be extended for an additional 2 years, to December 31,2027. The
costs for an extension will be mutually agreed upon in writing prior to the August 31 st deadline.
11. Assignment. No assignment or other transfer of any right or obligation under this
Agreement shall be made by either party, and any attempt to so assign or transfer such right or
obligation shall be a breach of this Agreement and the assignment shall be of no effect.
12. Hold Harmless. Union Gap shall protect, defend, indemnify and save Yakima, its
officers, employees and agents harmless from any and all costs, claims, judgments or awards of
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damages, arising out of or in any way resulting from the negligent acts or omissions of Union Gap,
its officers, employees or agents.
Yakima shall protect defend, indemnify and save Union Gap, its officers, employees and
agents harmless from any and all costs, claims, judgments or awards of damages, arising out of
or in any way resulting from the negligent acts or omissions of Yakima, its officers, employees or
agents.
In the event of liability for damages arising out of bodily injury or death to persons or
damage to property caused by or resulting from the concurrent negligence of both parties, each
party's liability hereunder shall be only to the extent of each party's own negligence.
Yakima and Union Gap each agree that its respective obligation under this section extends
to any claim, demand or cause of action brought by or on behalf of any of its employees. For this
purpose,Yakima and Union Gap, by mutual negotiation, hereby waive, as respects the other party
only, any immunity that would otherwise be available against such claim, demand or cause of
action under the industrial Insurance provisions of Title 51 RCW.
13. Remedies/ Dispute Resolution. Disagreements regarding this Agreement shall be
submitted to the Yakima Fire Chief. If the decision of the Fire Chief does not resolve the dispute
then the parties shall mediate the matter, sharing the costs of mediation equally. In the event
mediation efforts are unsuccessful then the parties may resolve the dispute through judicial action
brought before a court of competent jurisdiction in Yakima County, Washington.
14. Termination. Either party may terminate this Agreement with or without cause by
providing written notice of its intent to terminate to the other party. Such written notice of intent
shall initiate a separation time period of 6 months during which time the parties shall work
cooperatively to allow the service to revert into two individual entities. Assets shared by the parties
shall be returned to the jurisdictions that contributed them.
15. Effective Date. Upon execution by both parties, this Agreement shall take effect
on January 1, 2021.
IN WITNESS whereof, the parties acting in their official capacities have hereby executed
this Agreement by affixing thereto the signatures of the proper offers on the dates below indicated.
CITY OF YAKIMA CITY OF UNION GAP
BY BY
Its Its
Date Date
APPROVED AS TO FORM:
Union Gap City Attorney
City Contract No.
Resolution No.
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APPENDIX A
CITES OF YAKIMA AND UNION GAP
FIRE PROTECTION SERVICES AGREEMENT
SCOPE OF SERVICES
1. Response and Mitigation. Within the geographical city limits of Union Gap, the City of
Yakima shall provide the following services:
A. Fire Suppression
i. Structural
ii. Brush/Grass
Hi. Vehicle and Equipment
iv. Other Non-Structural
B. Emergency Medical Services (EMS)
i. Non-transport, emergency and non-emergency EMT-B response in accordance with
established Yakima County Department of EMS and Criteria-Based EMS Dispatching
Protocol.
C. Rescue
i. Vehicle and Equipment
ii. General Rescue
Hi. Confined Space
iv. Water - Swift, Still and Ice
v. High and Low Angle
D. Hazardous Materials Response
i. Awareness and Operations — level responses
ii. Technician-level responses — The service fee received by Yakima covers a portion
of the Tri-County Annual assessment.
E. Fire Alarm Responses— Residential and Commercial
F. Emergency Responses — Other
G. Non-Emergency Service Calls
i. Examples include, but are not limited to:
1. Utility problems -water, electrical/power lines
2. Smoke/CO detector problems/checks
3. Lift assists
4. Odor investigation
5. Unauthorized burning
H. Fire Investigation —Cause and Origin
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2. Training
A. Ongoing Training for Career Staff that is consistent with established NFPA curriculum.
3. Prevention
A. Fire and Life Safety Inspections consisting of one (1) initial inspection and one (1)
compliance re-inspection is the desired goal for the number of annual inspections provided
in accordance with this agreement to Union Gap. Occupancies that are non-compliant
shall be turned over to Union Gap code enforcement for continued follow up.
i. Commercial
ii. Multi-Family Occupancies (3 or more families)
B. Public Education will be provided on a limited basis.
4. Maintenance
A. SCBA Repair and Annual Flow Testing.
B. Repair and Maintenance will be conducted in accordance with section five (5) of this
agreement for apparatus owned and titled to Union Gap.
C. Repair and Maintenance for Power Equipment (gas powered chain and circular saws,
positive pressure fans, and rescue tool power plants, etc.).
5. Miscellaneous Services
A. 5-Year Fire Service Strategic Planning
B. Communication and Coordination for insurance Rating (WSRB)
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APPENDIX B
LEASE AGREEMENT for FIRE STATION FACLITIES
This Lease Agreement ("Lease") is made and effective this day of
2020, by and between the City of Union Gap, Washington, a municipal corporation of the State of
Washington (hereinafter referred to as "Union Gap" and/or Landlord") and the City of Yakima,
Washington, a municipal corporation of the State of Washington (hereinafter referred to as
"Yakima" and/or"Tenant").
WHEREAS, Union Gap and Yakima have entered into a Fire Protection Services Interlocal
Agreement for the provision of fire services by Yakima to Union Gap,
WHEREAS, as part of that Fire Protection Services Interlocal Agreement, Yakima shall operate
a cross-staffed 3-member company from the Union Gap Fire Station which occupies a portion of
the premises located at 107 W. Ahtanum Road, Section 05 Township 12 Range 19 Quarter NW:
Plat LAUBERS ADDITION TO UNION GAP S1/2 OF BLK 14, (hereinafter referred to as "Fire
Station");
WHEREAS, under the Fire Protection Services Agreement Yakima will lease the Fire
Station from Union Gap for its use in performing its services under the Fire Protection Services
Interlocal Agreement;
THEREFORE, in consideration of the mutual promises herein contained and other good
and valuable consideration, it is agreed:
1. Recitals. The recitals set forth above are hereby incorporated by reference as if fully set
forth herein.
2. Term.
A. Union Gap hereby leases its Fire Station to Yakima, and Yakima hereby leases the
same from Union Gap, from January 1, 2021, and ending December 31, 2025, or
earlier in the event that the underlying Fire Protection Services Agreement is ended
earlier. This lease may not be terminated except as provided for herein.
B. The Lease term cannot be extended unless agreed upon in writing by the parties.
3. Lease Payments. Yakima shall pay Union Gap the amount of $1.00 annually for use of
the Fire Station.
4. Condition of Premises. Yakima and Union Gap have inspected the premises, are fully
familiar with and know its condition, and Yakima accepts the same in its present condition without
any representation of Union Gap regarding the condition thereof or the improvements thereon.
5. Property Taxes. Union Gap shall pay all general real estate taxes and installments of
Special assessments coming due during the Lease term on the Leased Area, if any.
6. Insurance. Yakima shall maintain a policy or policies of comprehensive general liability
insurance with respect to the respective activities occurring on the Leased Area with the premiums
thereon fully paid on or before due date, such insurance to afford minimum protection of not less
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than $1,000,000 combined single limit coverage of bodily injury, property damage or combination
thereof.
7. Routine Minor Maintenance and Repairs. Yakima agrees to keep the Leased Area and
all improvements thereon in as good a condition as same are received, reasonable wear and tear
excepted. Yakima shall be responsible for repair of damage, if any, necessitated by acts or failure
to properly use the same by Yakima, its agents, employees or invitees within the Lease Area. All
other routine minor maintenance and repairs to the heating and Cooling Systems, electrical
circuits and fixtures, plumbing fixtures, glass, carpet, curtains and improvements in common
areas and elsewhere in the building and exterior maintenance shall be the responsibility of Union
Gap. Yakima shall provide prompt notice to Union Gap in the event a repair is necessary and
Union Gap will make the repair within a reasonable period of time.
8. Damage and Major or Emergency Repairs. In the event that emergency repairs are
necessary (repairs not exceeding $5000 in value) to the fire station, Yakima shall immediately
notify Union Gap of the need for such repairs and Yakima shall be authorized to initiate such
emergency repairs and instruct the vendor to bill Union Gap directly for the cost of repairs. Yakima
shall comply with all applicable City regulations relating to such repairs.Where repairs will exceed
$5000 in value, the City of Union Gap shall ensure that repairs are undertaken immediately and
shall bear the costs for such repairs.
9. Liens and Waste. Yakima shall not cause nor permit any liens of any nature to be placed
against the Fire Station and Leased Area except liens placed thereon by Union Gap, and Yakima
shall save Union Gap harmless from and on account of all liens and all expenses and
indebtedness connected therewith, except those relating to liens placed thereon by Union Gap.
Yakima shall not commit nor permit any waste or nuisance to occur upon the Leased Area.
10. Alterations and Additions. Yakima shall not make any additions or material alterations
to or upon the Lease Area without first obtaining written consent of Union Gap. In making
alterations or additions, Yakima shall comply with all building code provisions, municipal
ordinances and regulations, and state laws which may affect or govern such work. All Such
additions or alterations made by Yakima shall become and remain the property of Union Gap,
provided, however, that upon the termination of this lease Yakima shall, at its expense, promptly
remove such additions or alterations if so requested by Union Gap.
11. Utilities. Union Gap shall pay all telephone, electrical, gas, water, sewer, and usual
garbage bills.
12. Risk of Loss. All personal property of any kind in or on the Leased Area shall be kept
there at the risk of Yakima, and Union Gap shall not be liable and Yakima waives all claims for
any loss, damage or injury to property Sustained by Yakima upon or about the Leased Area.
13. Sublease and Assignment.Yakima shall not sublease all or any part of the Leased Area,
or assign this Lease in whole or in part without Union Gap's consent.
14. Default. If default of these lease terms shall at any time be made by Yakima, and if said
default shall continue for thirty (30) days after written notice thereof shall have been given to
Yakima in writing by Union Gap without correction thereof then having been commenced and
thereafter diligently prosecuted, Union Gap may declare the term of this Lease ended and
terminated by giving Yakima written notice of such intention.
15. Quiet Possession. Union Gap covenants and warrants that upon performance by Yakima
of its obligations hereunder, Union Gap will keep and maintain Yakima in exclusive, quiet,
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peaceable, undisturbed, and uninterrupted possession of the Leased Area during the term of this
Lease; subject to the reasonable needs of Union Gap to enter upon the Leased Area.
16. Notice. Any notice required or permitted under this Lease shall be deemed sufficiently
given or served if sent by United States certified mail, return receipt requested, addressed as
follows:
If to Landlord to: If to Tenant to:
City Manager Fire Chief
City of Union Gap City of Yakima
107 W. Ahtanum Road 401 N. Front St.
Union Gap, WA 98903 Yakima, WA 98901
Union Gap and Yakima shall each have the right from time to time to change the place
notice is to be given under this paragraph by written notice thereof to the other party.
17. Waiver. No waiver of any default of Union Gap or Yakima hereunder shall be implied from
any omission to take any action on account of such default if such default persists or is repeated,
and no express waiver shall affect any default other than the default specified in the express
waiver and that only for the time and to the extent therein stated. One or more waivers by Union
Gap or Yakima shall not be construed as a waiver of a Subsequent breach of the same covenant,
term, or condition.
18. Headings. The headings used in this Lease are for convenience of the parties only and
shall not be considered in interpreting the meaning of any provision of this Lease.
19. Governing Law. This Agreement shall be governed, construed and interpreted by,
through and under the Laws of the State of Washington.
20. Venue. Venue for any action pertaining to this lease, including but not limited to any action
to enforce or interpret this lease, shall lie in Yakima County, Washington.
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year
first above written.
CITY OF UNION GAP CITY OF YAKIMA
LANDLORD TENANT
Arlene Fisher, City Manager Alex Meyerhoff, Interim City Manager
STATE OF WASHINGTON )
COUNTY OF YAKIMA )
On this day of , 2020, Arlene Fisher appeared before me, a Notary
Public in and for the State of Washington,personally appeared,personally known to me (or proved
to me on the basis of satisfactory evidence)to be the person who executed this instrument, on oath
stated that she was authorized to execute the instrument, and acknowledged it as the to be the free
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and voluntary act and deed of said nonprofit corporation for the uses and purposes mentioned in
the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
NOTARY PUBLIC in and for the State of
Washington, residing at
My appointment expires
Print Name
STATE OF WASHINGTON )
COUNTY OF YAKIMA )
On this day of , 2020, Alex Meyerhoff appeared before me, a
Notary Public in and for the State of Washington, personally appeared, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person who executed this
instrument, on oath stated that she was authorized to execute the instrument, and acknowledged it
as the to be the free and voluntary act and deed of said nonprofit corporation for the uses and
purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
NOTARY PUBLIC in and for the State of
Washington, residing at
My appointment expires
Print Name
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