HomeMy WebLinkAbout12/08/2020 04F Amending Fire Services Agreement with Yakima County Fire District #11 't..an,gtntj ka
d E$A
#k `a
aY
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.F.
For Meeting of: December 8, 2020
ITEM TITLE: Resolution amending a Fire Services Agreement with Yakima
County Fire District#11
SUBMITTED BY: Aaron Markham, Fire Chief
SUMMARY EXPLANATION:
Yakima County Fire District#11 and the City of Yakima have negotiated a Fire Services I nterlocal
Agreement for Emergency Aid Response pursuant to the authority granted each agency a.s
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
resolution n 11/30/2020 r Me
retract 11/12/ 00 ( r Mama
2
RESOLUTION NO. R-2020-
RESOLUTION authorizing a Fire Services Interlocal Agreement with Yakima County Fire
District#11
WHEREAS, the City of Yakima and the Yakima County Fire District#11 each have the
authority to provide fire protection and emergency medical services within their respective
jurisdictions; 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 Yakima County
Fire District#11; and
WHEREAS, from 2015 through 2020, under the terms of a previous Interlocal
Agreement, the City of Yakima has provided fire protection and emergency response services to
Yakima Fire District#11; and
WHEREAS, the parties wish to continue to contract with one another for the provision of
fire service by the City of Yakima to Yakima County Fire District #11, and for the purpose of
enabling Yakima County Fire District#11 to continue to utilize the City of Yakima's fire
protection, emergency medical, technical rescue, and hazardous materials response in the
boundaries of their jurisdiction, thereby avoiding unnecessary duplication of effort and
expenditures of public funds; and
WHEREAS, this Service Agreement Between the City of Yakima and Yakima County
Fire District#11, 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 Services
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 "Services Agreement Between
Yakima County Fire District#11 and the City of Yakima" attached hereto and incorporated
herein by this reference.
ADOPTED BY THE CITY COUNCIL this 8th day of December, 2020.
ATTEST: Patricia Byers, Mayor
Sonya Clear Tee, City Clerk
3
SERVICE AGREEMENT
Between
YAKIMA COUNTY FIRE
DISTRICT NO. 11
And
CITY OF YAKIMA
This agreement is made and entered into by and between YAKIMA COUNTY FIRE DISTRICT
NUMBER 11, hereinafter "FIRE DISTRICT'', and the CITY OF YAKIMA, hereinafter "YAKIMA".
WHEREAS, YAKIMA is a municipal corporation of the State of Washington with City Hall
located at 129 North 2" Street, and has an organized and staffed fire department trained and outfitted
to provide fire and medical emergency responses, with Yakima Fire Department administrative
offices located at 401 North Front Street, Yakima, Washington 98901; and
WHEREAS, FIRE DISTRICT borders YAKIMA, and collects tax revenues to provide fire
and medical coverage to the citizens within the boundary of FIRE DISTRICT; and
WHEREAS, FIRE DISTRICT does not have a staffed and trained fire department to
provide emergency response; and
WHEREAS, FIRE DISTRICT desires to contract for essential firefighting and medical
emergency life support services for FIRE DISTRICT; and
WHEREAS, Chapter 39.34 of the Revised Code of Washington authorizes local
governments to enter into agreements for joint or cooperative action furnishing area wide emergency
services; and
WHEREAS, the parties desire to enter into agreement for fire and emergency medical
services to be provided to the area of the FIRE DISTRICT, by YAKIMA; and
NOW, THEREFORE, in consideration of foregoing recitals and the mutual covenants
and promises hereinafter set forth, the parties do hereby agree as follows:
1. Term: The term of this agreement shall be for a period of five (5) years, commencing as and
from January 1, 2021, and ending on December 31, 2025. This agreement will automatically renew for
additional five-year terms, unless the terminating party serves a written notice of termination to the other
party at least 180 days prior to the commencement date of the new term.
2. Geographic Scope of Service. The services contracted for herein shall be provided within the
YAKIMA COUNTY FIRE DISTRICT No.11 tax collection area. A map of the geographical area of Fire
District No. 11 is attached for information and reference.
4
3. Statutory Authority. The FIRE D1STRICT's Board shall retain all the authority and power
vested in it by statute, regulation or case law, except as specifically delegated to YAKIMA, or otherwise
specifically agreed upon herein
4. Services Provided by YAKIMA. YAKIMA shall provide pre-fire planning, fire suppression,
emergency medical and hazardous material incident response services to all the persons and properties
located within the FIRE DISTRICT, equivalent to services provided to the residents of YAKIMA.
YAKIMA also agrees to pay dispatch fees for incidents within the geographical area of Fire District No. I 1.
5. Compensation. The FIRE DISTRICT agrees to provide to YAKIMA the following
compensation, which the parties agree is in support of YAKIMA maintaining a minimum staffing level
that supports Automatic Aid/Borderless dispatch operations between YAKIMA and the FIRE DISTRICT,
which directly benefits the citizens of the FIRE DISTRICT: The compensation is intended to enhance
the service capability of YAKIMA and not replace YAKIMA's allocated resources for the funding
of fire and EMS services serving YAKIMA.
(a) The FIRE DISTRICT agrees to compensate YAKIMA in the amount of Thirty Five
Thousand Dollars ($35,000) f o r each year of the agreement term, to be paid in two
installments of Seventeen Thousand Five Hundred Dollars ($17,500), with the first
installment due and payable on or before January 31, and the second
installment due and payable on or before July 31, and on the same dates for the
same amounts each year this agreement is in effect; Provided, however, that the first
installment for the first year of this agreement (year 2021) shall be due and payable within
thirty(30) days following execution of this agreement.
6. Indemnification and Insurance.
(a) Indemnification and Hold Harmless
FIRE DISTRICT shall indemnify and hold harmless YAKIMA, its elected and appointed officials,
employees, volunteers, agents and insurers, from any and all claims, demands, lawsuits, damages
and liability arising out of the performance of this Agreement, except to the extent that such claims,
demands, lawsuits, damages or liability arise out of the negligence or unlawful intentional acts of
YAKIMA personnel.
YAKIMA shall indemnify and hold harmless FIRE DISTRICT, its elected and appointed officials,
employees, volunteers, agents and insurers, from any and all claims, demands, lawsuits, damages
and liability arising out of the performance of this Agreement, except to the extent that such claims,
demands, lawsuits, damages or liability arises out of the negligence or unlawful intentional acts of
such FIRE DISTRICT personnel.
2
5
A. Notification of Claims. Each party to this Agreement shall promptly notify the other of any
and all claims, actions, losses or damages that arise or are brought against that party
relating to or pertaining to the property and projects described in this Agreement.
B. Waiver of Immunity — Industrial Insurance. Each party agrees that its obligations under
this section extend to any claim, demand and/or cause of action brought on behalf of any
employees or agents. For this purpose, each party, by mutual negotiations, hereby waives,
with respect to the other party only, any immunity that is otherwise available against such
claims under the Industrial Insurance provisions of Title 51 RCW, but only to the extent
necessary to indemnify the other party.
Nothing contained in this Section or this Agreement shall be construed to create a liability or a right
of indemnification in any third party.
(b) Insurance
At all times during performance of the Services, each party shall secure and maintain in effect
insurance to protect the other party from and against all claims, damages, losses, and expenses
arising out of or resulting from the performance of this Agreement. Each party shall provide and
maintain in force insurance in limits no less than that stated below.
Commercial General Liability Insurance. Before this Agreement is fully executed by the parties,
each party shall provide the other party with a certificate of insurance as proof of commercial
liability insurance and commercial umbrella liability insurance with a total minimum liability limit
of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and
property damage, and Two Million Dollars ($2,000,000.00) general aggregate (per project). The
policy shall include employer's liability (Washington Stop Gap). The certificate shall clearly state
who the provider is, the coverage amount, 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. The policy
shall name the other party, its elected officials, officers, agents, employees, and volunteers as
additional insureds. The insurance shall be with an insurance company or companies rated A-VII or
higher in Best's Guide and admitted in the State of Washington.
Each party shall list the other party as an additional insured on its insurance policy and shall
provide a certified copy to the other agency as part of this Agreement.
7. Acquisition o f'Property.The parties do not intend to jointly acquire or manage any property. Costs,
expenses and disbursements of each party in the performance of this Agreement shall be administered
separately by each party. Acquisition of property by either party shall be in accordance with the laws and
procedures applicable to such party. In the event the parties desire to jointly acquire property they may
execute and append a separate written agreement to this Agreement. Such acquisition agreement shall
describe the property, the contribution of each party, and disposition of the property upon termination of this
Agreement.
3
6
8. Administration. This Agreement shall be jointly administered by the FIRE DISTRICT Board or
its designated executive officer, and the Fire Chief of the Yakima Fire Department or his designee.
9. Status of Employees. Each employee of YAKIMA performing services pursuant to this
Agreement shall be and exclusively remain the employee of the City of Yakima, subject to the direction and
control of City of Yakima. Each employee, official and volunteer of FIRE DISTRICT performing services
pursuant to this Agreement shall be and exclusively remain the employee, official and volunteer,
respectively, of FIRE DISTRICT, subject to the direction and control of FIRE DISTRICT. FIRE
DISTRICT and YAKIMA shall remain solely and exclusively responsible for the direction and control of
its own employees, officers and volunteers and shall be solely and exclusively responsible for the
compensation of its own employees, officers and volunteers.
10. Records and Reports. Documents and reports generated by either party pursuant to the services
provided under this Agreement shall be and remain the property of the party generating such documents and
reports, but shall be shared with the other party as appropriate; provided, however, all such documents and
reports shall be subject to disclosure pursuant to the Public Records Act, Chapter 42.56 RCW, as applicable.
YAKIMA records and reports documenting services rendered and billings based thereon shall he made
available to FIRE DISTRICT for inspection and copying, as appropriate, during regular business hours of
City of Yakima, upon request of FIRE DISTRICT.
11. Waiver and Amendments. Waiver of any breach or any term or condition of this Agreement shall
not waive any prior or subsequent breach. No term or condition is waived,modified or deleted except by an
instrument in writing signed by both parties.
12.
Entire Agreement and Modifications. This Agreement sets forth the entire agreement of the
parties with respect to the subject matter herein. The parties may supplement the Agreement by addenda or
amendments, when agreed upon by both parties in writing. The parties shall attach copies of such addenda
and amendments and by reference incorporate them herein.
13. Early Termination of Agreement — Effect of Termination. This Agreement may be terminated by
either party upon one hundred eighty (180) days advance written notice delivered to the other party. Upon
the effective date of termination, YAKIMA shall be paid the prorated portion of compensation earned for
services performed prior to such termination, and shall deliver to FIRE DISTRICT all property determined
to be the property of FIRE DISTRICT. Termination of this Agreement shall not terminate the hold
harmless provisions set forth in Section 6 above,which provisions shall remain in full force and effect.
14. Duration and Authority.This Agreement shall become effective upon signature and authorization
by both parties with copies filed with the Yakima County Auditor and Clerk of the City of Yakima, or
otherwise posted as authorized pursuant to RCW 39.34.040. This Agreement shall remain in effect for the
initial term and subsequent renewals of term as set forth in Section 1 above, unless sooner terminated as
provided in this Agreement.
4
7
15. Severability. If any term or provision of this Agreement is found invalid or unenforceable by a
court of competent jurisdiction, the remainder of this Agreement shall be enforceable and effective to the
fullest extent permitted by law. Further, the parties shall negotiate in good faith regarding amendments to
this Agreement that would effectuate the intent of any provision held invalid or not enforceable.
16. No Third-Party Beneficiary. Nothing in this Agreement is intended to create any rights in any
entity not a party to this Agreement nor is any person or entity not named a party herein a third party
beneficiary to this Agreement.
17. No Public Official Liability. No provision of this Agreement nor any authority granted by this
Agreement is intended to create or result in any personal liability for any public official or agent of a party,
nor is any provision of this Agreement to be construed to create any such liability.
1 8. Assignment. The obligations in this Agreement are not subject to assignment.
1 9. Dispute Resolution — Governing Law — Venue. The parties shall jointly cooperate to resolve any
disputes that arise hereunder. Any dispute shall first be considered by the administrative officials identified
in Section 8 above. If such consideration does not resolve the dispute, the matter will be submitted to the
chief executive officers of each party. If the matter remains unresolved, either party may seek appropriate
relief in Yakima County Superior Court, which court shall be the venue for any action arising under this
Agreement. This Agreement and all performance herein shall be construed in accordance with the laws of
the State of Washington.
WHEREFORE, this Agreement is executed and effective upon the date signed by the last party to sign
below:
CITY OF YAKIMA FIRE PROTECTION I 'T NUMBER I I
By: By:
Robert Harrison,City Manager Rocky Willette, President
Date Signed: , 2020 fl
ATTEST: By: XLA4 4-,.44
Beverly Schieche,Secretary
By: 1 0
Date Signed: ,2020
Sonya Claar Tee,City Clerk
[ATTESTATION FOLLOWS]
5
8
ATTESTATION
STATE OF WASHINGTON )
ss.
County of Yakima
ON THIS DAY personally appeared before me the undersigned, a Notary Public in and for the
State of Washington, duly commissioned and sworn, 'E. 'i„„ LIA'11 t and PE-vet ' IatC IA to me
known to be president and secretary of FIRE PROTECT! N DISTRICT NUMBER 11, the entity that
executed the foregoing Service Agreement; and who acknowledged the said Agreement to be the free and
voluntary act and deed of FIRE PROTECTION DISTRICT NUMBER 11, for the uses and purposes therein
contained; and who on oath stated that they are authorized to execute the said instrument on behalf of FIRE
cn"144 KTION DISTRICT NUMBER I I
440V‘41. 'I% (0
Cl/c0 5-2 '74 1tti ; MY HAND AND OFFICIAL SEAL THIS C541\ day of NOVC-1,446er 2020.
nIARY
= * = •
PUBO
Os t NOTARY PUBLIC in and for the State of Washington
50* 'tt„.\\ Residing at:3V Pol=714 AY.4 VILLA: k:vyte; cig416)-
lifiti°P PO My Commission expires: 3- - „)..3
irtsimitten
STATE OF WASHINGTON )
County of Yakima
ON TIIIS DAY personally appeared before me the undersigned, a Notary Public in and for the
State of Washington, duly commissioned and sworn, Robert Harrsion, to me known to be the City Manager of
the City of Yakima, the entity that executed the foregoing Service Agreement; and who aelcnowledged the
said Agreement to be the free and voluntary act and deed of the City of Yakima for the uses and purposes
therein contained; and who on oath stated that he is authorized to execute the said instrument on behalf of
the City of Yakima.
Witness MY HAND AND OFFICIAL SEAL THIS day of 2020.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission expires:
6