HomeMy WebLinkAboutR-2021-004 Emergency Aid Response Services Interlocal Agreement with Yakima County Fire Dist. #4RESOLUTION NO. R-2021-004
RESOLUTION authorizing an Interlocal Agreement between Yakima County Fire District
#4 and the City of Yakima for emergency aid response services.
WHEREAS, the City of Yakima (Yakima Fire Department) and Yakima County Fire
District #4 each independently operate organized and staffed fire departments trained and
equipped to provide emergency aid responses in their respective jurisdictions; and
WHEREAS, Yakima County Fire District #4 requires a fire service ladder truck for
emergency fire operations and to qualify for necessary Washington Survey and Rating Bureau
Public Protection Classification rating points; and
WHEREAS, Yakima Fire Department does own and operate fire service ladder trucks
and has the capability to respond to Yakima County Fire District #4 commercial structure fires;
and
WHEREAS, the service fee to provide emergency aid established by the Yakima Fire
Department for Yakima County Fire District #4, as well as the method by which future service
fees will be determined, is acknowledged by both the City and Fire District #4 to be fair and
equitable; and
WHEREAS, the Interlocal Agreement By and Between The City of Yakima and Yakima
County Fire District #4, 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 Interlocal
Agreement Between The City of Yakima and Yakima County Fire District #4 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 Interlocal Agreement entitled
"Interlocal Agreement Between the City of Yakima and Yakima County Fire District #4",
attached hereto and incorporated herein by this reference.
ADOPTED BY THE CITY COUNCIL this 5th day of January, 2021.
ATTEST:
�z(2 .2
1
Patricia Byers, Myor
Sonya Claar -e, City Clerk --T
t
-� f yr
‹vim
INTERLOCAL AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA
COUNTY FIRE DISTRICT#4
THIS AGREEMENT is made and entered into this cr day of M mot theAr, 2020, by andbetween
Yakima County Fire District #4, a Washington municipal corporation, and the City of Yakima (Yakima),
also a Washington municipal corporation.
WHEREAS, Yakima County Fire District #4 requires a fire service ladder truck for emergency
fire operations and Washington Survey and Rating Bureau Public Protection C lassification rating points;
and;
WHEREAS, The City of Yakima Fire Department does own and operate fire service ladder trucks
and has capability and capacity to respond to Yakima County Fire District #4 commercial structure fires;
and;
WHEREAS, The City of Yakima Fire Department desires to assist Yakima County Fire District
#4 with Automatic Aid !adder truck response to commercial fires in Yakima County Fire District #4; and;
WHEREAS, in accordance with the terms and conditions herein, and where it is not an undue
burden to the City of Yakima Fire Department; and;
WHEREAS, it is of mutual advantage to both parties to enter into this Agreement to provide ladder
truck services to Yakima County Fire District #4; and;
WHEREAS, it is necessary for the City of Yakima and Yakima County Fire District #4 to enter
into an agreement setting forth the terms, conditions and requirements for ladder truck response to Yakima
County Fire District #4; and;
WHEREAS, this Agreement is entered into by and between the parties pursuant to Chapter 39.34
of the Revised Code of Washington which provides for inter -local cooperation for the public good:
NOW, THEREFORE, in consideration for the terms and conditions contained herein and in the
documents incorporated herein, the parties agree as follows:
1. PURPOSE. The purpose of this agreement is to authorize and grant the use of the City of Yakima
Fire Department Automatic Aid ladder truck response to Yakima County Fire District #4 for
commercial fires as specified herein.
2. TERM. This Agreement shall be effective from the date of signature of both parties and shall
remain in effect until December 31, 2022 unless terminated by either party in accordance with
Section 20 of this Agreement.
3. COSTS. Yakima County Fire District #4 agrees to pay the City of Yakima Fire Department a per
incident fee as outlined in the attached cost schedule for the Automatic Aid response for the City
of Yakima Fire Depd[ trnent ladder truck program to Yakima County Fire District #4.
4. AUTOMATIC AID RESPONSE. The Automatic Aid ladder truck response shall be assigned to
first alarm status for commercial structure Fires within the response boundaries of Yakima County
Fire District #4. In the event a ladder truck response is not available, the City of Yakima Fire
Department shall immediately advise the incident commander of that fact.
5. COMMAND RESPONSIBILITY. Upon arrival, the Chief Officer or Senior Officer with the
ladder truck response shall work within a Unified Command structure with the Incident
Commander for best practices and strategy in mitigating the emergency.
ILA —Yakima/Yakima County Fire District #4 Auto Aid Ladder Truck
Page 1 of 5
6. CONSIDERATION. The parties agree that no additional fees shall be charged for the Automatic
Aid response to each other's fires or emergency calls for service.
7. PERFORMANCE EXCUSED UNDER CERTAIN CONDITIONS. Either Parry's failure to
perform its obligations under this Agreement shall be excused if due to causes beyond the control
and without the fault or negligence of the party, including but not limited to acts of God, acts of the
public enemy, fires, floods, epidemics, strikes, and/or weather conditions.
8. NONDISCRIMINATION. The parties shall not discriminate in the performance of this
Agreement in violation of any federal, state, and/or local law or regulation on the basis of race, age,
color, sex, religion, national origin, creed, marital status, the presence of any sensory, mental or
physical handicap, or other status protected by law. This provision shall include but not be limited
to use of each other's facilities pursuant to this Agreement
9. THE AMERICANS WITH DISABILITIES ACT. The parties agree to comply with the
Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing
regulations, and Washington State's anti -discrimination law as contained in RCW Chapter 49.60
and its implementing regulations. The ADAprovides comprehensive civil rights to individuals with
disabilities in the area of employment, public accommodations, state and local government services
and telecommunications.
10. INDEMNIFICATION AND HOLD HARMLESS.
A. The Fire Agencies mutually agree to protect, de fend, indemnify and hold harmless the other
party's elected and appointed officials, officers, employees, agents, and volunteers from
any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other
proceedings and all judgments, awards, costs and expenses (including reasonable costs and
attorney fees) resulting from death or bodily injury to any person or damage or destruction
to a third party or third parties to the extent caused by any negligent act and/or omission of
the indemnifying "at fault" party, its elected and appointed officials, officers, employees,
agents, and volunteers and/or subcontractors, arising out of the performance of this
Agreement.
B. If the negligence or willful misconduct of both the City and Yakima County Fire District
#4 (or a person identified above for whom each is liable) is a cause of such third -party
claim, the loss, cost, or expense shall be shared between the City and Yakima County Fire
District #4 in proportion to their relative degrees of negligence or willful misconduct and
the right of indemnity will apply for such proportion.
C. Nothing contained in this Section or this Agreement shall be construed to create a liability
or a right of indemnification in any third party_
11. INSURANCE. At all times during performance of the services associated with this Agreement
the City and Yakima County Fire District #4 shall secure and maintain in effect insurance to protect
themselves from and against all claims, damages, losses, and expenses arising out of or resulting
from the performance of this Agreement. The Fire Agencies shall provide and maintain in fame
insurance in limits no less than that stated below, as applicable.
Commercial General Liability Insurance. Before this Contract is fully executed by the Fire
Agencies shall each provide the other party with a certificate of insurance as proof of commercial
liability insurance and commercial umbrella Iiability insurance with a total minimum liability limit
of Five Million Dollars ($5,000,000.00) per occurrence combined single Iimit bodily injury and
property damage, and Five Million Dollars (S5,000,000.00) general aggregate (per
occurrence). 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, andwhen the policy
and provisions provided are in effect. Said policy shall be in effect for the duration of this
Agreement.
ILA —Yakima/Yakima County Fire District #4 Auto Aid Ladder Truck
Page 2 of 5
12. ADNHNISTRATION. This Agreement shall be administered by the Chief of the Yakima Fire
Department and the Chief of Yakima County Fire District #4.
13. ASSIGNMENT. This Agreement, or any interest herein, or claim hereunder, shall not be assigned
or transferred in whole or in part by either party to any other person or entity without the prior
written consent of the other party.
14. NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of Yakima
and Yakima County Fire District #4. It shall confer no benefits or rights, direct or indirect, on any
third persons. No person or entity other than the parties themselves may rely upon or enforce any
provision of this Agreement. The decision to assert or waive any provision of this Agreement is
solely that of each party.
15. SEVERABILITY. Whenever possible, each provision of this Agreement shall be interpreted in
such a manner as to be effective and valid under applicable law. Any provision of this Agreement
which shall prove to be invalid, unenforceable, void, or illegal shall in no way affect, impair, or
invalidate any other provisions hereof, and such other provisions shall remain in full force and
effect. Any provision of this Agreement in direct conflict with any statutory provision of the State
of Washington shall be deemed modified to conform to such statutory provision.
16. NON WAIVER. The waiver by either party of the breach of any provision of this Agreement by
the other party shall not operate or be construed as a waiver of any subsequent breach by either
party or prevent either party thereafter enforcing any such provision.
17. NOTICES. Unless stated otherwise herein, all notices and demands shall be in writing and sent to
the parties to their addresses as follows:
TO YAKIMA COUNTY FIRE DISTRICT #4:
Chief Dale Hille
Yakima County Fire District #4
2003 Beaudry Road
Yakima, WA 98901
TO THE CITY OF YAKIMA:
Chief Aaron Markham
City of Yakima Fire Department
401 North Front Street
Yakima, WA 98901
I 8. SURVIVAL. Any provision of this Agreement that imposes an obligation after termination or
expiration of this Agreement shall survive the term or expiration of this agreement and shall be
binding on the parties to this Agreement.
19. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with
the Iaws of the State of Washington.
20. VENUE. The venue for any action to enforce or interpret this Agreement shall lie in a court of
competent jurisdiction in Yakima County, Washington.
21. COMPLIANCE WITH LAW. The parties to this Agreement shall comply with all applicable
federal, state and local laws, rules and regulations in carrying out the terms and conditions of this
Agreement. Each party shall be responsible for complying with all relevant safety laws and
regulations and for taking all necessary safety precautions while using the other party's facility
pursuant to this Agreement.
22. NEUTRAL AUTHORSHIP. Each of the provisions of this Agreement has been reviewed and
negotiated and represents the combined workproduct ofthe parties hereto. No presumption or other
rule of construction that 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 provision of this Agreement.
ILA —Yakima/Yakima County Fire District #4 Auto Aid Ladder Truck
Page 3 of 5
23. TERMINATION. Either party may terminate this Agreement, with or without cause, by giving
the other party ninety (90) days prior written notice oftermination. If the agreement is terminated,
any costs for services provided by City under this Agreement prior to the effective date of
termination shall be paid by Yakima County Fire District #4 in accordance with the terms of the
Agreement.
24. FILING. Copies of this Agreement shall be filed with the Yakima County Auditor pursuant to
RCW 39.34.040, by the Yakima County Fire District #4 Board of Fire Commissioners and the City
Clerk of Yakima.
IN WITNESS WHEREOF the parties have hereunto placed their hands and seals on the day and year first
indicated.
CITY O YAKIMA
By:
4✓.
Robert Harrison, City Manager
Date: A., f . �P 1 g(gal
n M. kham, Fire Chief
Date:
CITY CONTRACT NO: t-0-D t37
QUA—9
RESOLUTION NO'
Date:
By:
YAKIMA COUNTY i 1R1, DISTRICT #4
avid Ramynke, Chairman
I t 12-E-( [2-OW
Les Riel, Commissioner
Date: 1'2'5 /20I0
By:
Ben St. Mary, Comm' er
Date:
ti
l\/i?/ zc_z�
Date:
ILA — Yakima/Yakima County Fire District #4 Auto Aid Ladder Truck
Page 4 of 5
COST SCHEDULE FOR SERVICE OF THE CITY OF YAKIMA FIRE DEPARTMENT
LADDER TRUCK PROGRAM
The 2020 hourly rate to operate the City of Yakima Fire Department Ladder Truck Program is outlined
below. There will be art annual inflationary adjustment cost of a 2 percent increase (2%) at the
beginning of each year to the hourly rates outlined below.
Ladder Truck Program operational cost per hour $243.00 (based on Washington State Fire Chiefs)
Fire Officer - $57.97 per hour (City of Yakima Master Pay Ordinance — Captain base salary plus
benefits)
Firefighter - $49.21 per hour (City of Yakima Master Pay Ordinance — Firefighter base salary plus
benefits)
Firefighter - $49.21 per hour (City of Yakima Master Pay Ordinance — Firefighter base salary plus
benefits)
Total Cost per hour $ 399.39
The following is a breakdown of 2020 cost to operate the City of Yakima Fire Department Ladder
Truck Program at incidents within Yakima County Fire District #4. The cost includes Crave 1, o perational
and re -servicing time.
Activated Fire Alarm — No Fire - $599.09 — 1.5 hours of operational time — average per incident
Residential or Commercial — Fire - $1597.56 — 4 hours of operational time — average per incident
Industrial or Institutional — Fire - $2,396.34— 6 hours of operational time — average per incident
Service Ca11, Assist the Police, or Rescue - $998.48 — 2.5 hours of operational time - average per
incident
ILA — Yakima/Yakima County Fire District #4AutoAid Ladder Truck
Page 5 of 5
1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.H.
For Meeting of: January 5, 2021
ITEM TITLE: Resolution authorizing an I nterlocal Agreement for Emergency Aid
Response with Yakima County Fire District #4
SUBMITTED BY: Aaron Markham, Fire Chief
SUMMARY EXPLANATION:
Attached is a Resolution and contract for emergency aid response with Yakima County Fire
District #4 for Council consideration.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
❑ Resolution 12/9/2020 Cover Memo
❑ Contract 12/9/2020 Coker Memo