HomeMy WebLinkAboutR-2021-005 Emergency Aid Response Services Interlocal Agreement with City of SunnysideRESOLUTION NO. R-2021-005
RESOLUTION authorizing an Interlocal Agreement between the City of Sunnyside and
the City of Yakima for emergency aid response services.
WHEREAS, the City of Yakima (Yakima Fire Department) and the City of Sunnyside
(Sunnyside) each independently operate organized and staffed fire departments trained and
equipped to provide responses in their respective jurisdictions; and
WHEREAS, Sunnyside and Yakima Fire Department have negotiated an Interlocal
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 emergency
response services; and
WHEREAS, the parties hereto desire to enter into the negotiated Interlocal Agreement,
attached hereto and incorporated herein by this reference, wherein, under certain
circumstances, one of the parties hereto will respond to an emergency incident within the
corporate limits of the other party hereto; and
WHEREAS, the City Council finds and determines that approval of the Interlocal
Agreement for Emergency Aid Response, attached hereto and incorporated herein by this
reference, 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 for Emergency Aid Response between the City of Yakima and the City of
Sunnyside", attached hereto and incorporated herein by this reference.
ADOPTED BY THE CITY COUNCIL this 5th day of January, 2021.
ATTEST:
Sonya Clae, City Cler
•
atricia Byers, ayor
INTERLOCAL AGREEMENT
FOR EMERGENCY AID RESPONSE BETWEEN
THE CITY OF YAKIMA And THE CITY OF SUNNYSIDE
THIS INTERLOCAL AGREEMENT is made and entered into this 23rd day of November, 2020,
by and between the City of Yakima, a Washington municipal corporation (hereinafter "Yakima")
and the City of Sunnyside (hereinafter "Sunnyside"), the entities hereto collectively referred to as
the "Fire Agencies". This Agreement is entered into under the provisions of RCW 39.34, the
Interlocal Cooperation Act.
I. Recitals:
WHEREAS, Yakima and Sunnyside maintain organized and equipped fire departments for the
benefit of the residents of their respective jurisdictions; and
WHEREAS, it is the purpose of the Interlocal Cooperation Act and this Agreement to permit
local governmental organizations to make the most efficient use of their resources by enabling
them to cooperate with other government agencies for the purpose of mutual advantage; thereby
providing services and organizing facilities in a manner, pursuant to appropriate forms of
governmental organization, which best fits with geographic, economic, population, and other
factors that influence the needs and development of local communities; and
WHEREAS, it has been determined by each of the parties hereto that it would be in the best
interests of the residents of the respective jurisdictions, and of mutual benefit to the delivery of
emergency services if, in some circumstances, the services of the Fire Agencies may be extended
beyond their corporate limits or jurisdictional boundaries to provide emergency services on
behalf of the other party to this Agreement; and
WHEREAS, the parties hereto desire to enter into an Emergency Aid Response Agreement
wherein, under certain circumstances, one of the Fire Agencies hereto will respond to an
emergency incident within the corporate limits of the other Fire Agency; and
WHEREAS, the Fire Agencies desire to set forth their rights, duties, and responsibilities with
respect to said Emergency Aid Response obligations as allowed by State law; NOW,
THEREFORE,
For and in consideration of the covenants contained herein, performed, and to be performed, the
parties hereto agree as follows:
INTERLOCAL AGREEMENT FOR EMERGENCY AID RESPONSE —Page 1
II. Terms and Conditions:
The Recitals set forth above are incorporated herein and made a part of this Interlocal
Agreement.
Section 1. Insurance and Indemnification. At all times during performance of the services
associated with this Agreement Sunnyside and Yakima shall secure and maintain in effect
insurance to protect Yakima and Sunnyside 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 force insurance in limits no less than that stated below, as
applicable.
A. Commercial General Liability Insurance. Before this Contract is fully executed by
the Fire Agencies Yakima and Sunnyside shall each 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 Five Million Dollars ($5,000,000.00) per occurrence
combined single limit bodily injury and property damage, and Five Million Dollars
($5,000,000.00) 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, and when the policy and provisions provided are in
effect. Said policy shall be in effect for the duration of this Agreement.
B. Commercial Automobile Liability Insurance. Before this Agreement is fully executed
by the Fire Agencies Yakima and Sunnyside shall each provide the other party with a certificate
of insurance as proof of commercial automobile liability insurance and commercial umbrella
liability insurance with a total minimum liability limit of Five Million Dollars ($5,000,000.00) per
occurrence combined single limit bodily injury and property damage. Automobile liability will
apply to "Any Auto" and be shown on the certificate. The required certificate of insurance 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
Contract.
C. Indemnification and Hold Harmless.
1. The Fire Agencies mutually agree to protect, defend, 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.
2. If the negligence or willful misconduct of both Sunnyside and Yakima (or a
person identified above for whom each is liable) is a cause of such third -party claim, the
INTERLOCAL AGREEMENT FOR EMERGENCY AID RESPONSE —Page 2
loss, cost, or expense shall be shared between Sunnyside and Yakima in proportion to their
relative degrees of negligence or willful misconduct and the right of indemnity will apply
for such proportion.
3. Nothing contained in this Section or this Agreement shall be construed to create
a liability or a right of indemnification in any third party.
Section 2. The Fire Agencies shall each maintain their necessary worker's compensation
coverage for their own employees without cost to the other party to this Agreement. Sunnyside
and Yakima shall each be solely responsible for their own personnel's compensation, without
cost to the other party.
Section 3. The Fire Agencies shall each be fully responsible for all repairs, maintenance, and
upkeep of their own individual equipment used pursuant to this Agreement, for all times when
said equipment is being used outside of the owner party's geographical boundaries. Said repair,
upkeep and maintenance shall include, but not be limited to providing gas, oil, lubrication, parts
replacement, and repair of casualty damage.
Section 4. It is understood and agreed by and between the Fire Agencies that every reasonable
effort shall be made to ensure all personnel have an opportunity to become familiar with the
other Agency's equipment; both Fire Agencies' personnel shall only use and operate equipment
they have been trained on and are determined competent to operate safely.
Section 5. It is further understood and mutually agreed by and between the Fire Agencies that
the deployment of Fire Agency resources will be accomplished in accordance with a pre-
determined and agreed upon plan of action utilizing the most current Computer Aided Dispatch
(CAD) methodology.
Section 6. The Fire Agencies further understand and mutually agree that the services to be
rendered pursuant to this Agreement shall be the provision of Fire, Rescue, Hazardous Material,
and Emergency Medical Service response.
Section 7. The availability of a Fire Agency's resources and the opportunity to respond to assist
the other party at any particular time is dependent on many factors and the ultimate decision on
whether emergency resources can be allocated to a particular situation shall rest solely with each
Fire Agency's command staff This Agreement shall not bind either party to the provision of
emergency support services to the other party if doing so results in undue risk to the safety of the
residents served by a Fire Agency or to the Fire Agency's employees. The intent of this
Agreement is to increase the overall safety to the residents and employees of the Fire Agencies
through the pre -planned and coordinated sharing of available resources when available.
Section 8. The Fire Agencies further mutually understood and agree that in order to
cooperatively affect the purpose and administration of this Agreement the Fire Chiefs of each of
the Fire Agencies are granted the authority to form a joint Administrative Board that will oversee
and administer the performance of this Agreement. It is further understood and agreed that
responsibilities may be delegated to agents or employees of the respective fire Agencies to
cooperatively develop and implement deployment plans that meet the intent of this Agreement.
INTERLOCAL AGREEMENT FOR EMERGENCY AID RESPONSE —Page 3
To affect this purpose the Fire Agencies shall each appoint members to the Deployment Planning
Group who are familiar with the process of Computer Aided Dispatch. Each party shall furnish
the Administrative Board the names and ranks of the participants they have named as their
representatives to the Deployment Planning Group.
Section 9. It is mutually understood and agreed that the most senior officer or firefighter first
arriving at a scene shall assume command of the incident until such time as he/she is relieved by
an officer representing the jurisdiction having authority over the scene. It is understood and
agreed by the Fire Agencies that in some situations an agency may be confronted with an
incident for which a more qualified incident commander is available from the other Fire
Agency's team. If such a situation arises then it is agreed that the senior officer from the host
jurisdiction may, but shall not be required to, delegate authority to a more qualified individual to
command the incident. However, in either case the host agency shall retain responsibility for the
incident.
Section 10. It is understood and agreed by and between the Fire Agencies hereto that this
Agreement is made with the understanding that no charges will be assessed by a responding
party to the recipient party for services provided in the recipient party's primary jurisdictional
service area. It is also understood and agreed that the Fire Agencies may provide services to
areas within or adjacent to the jurisdiction in which fees for services are charged (i.e. federal
jurisdiction lands). When a Fire Agency provides services to those "fee for service" areas, the
Fire Agency primarily responsible for serving those areas agrees to reimburse the responding
agency for its services in accordance with acceptable reimbursement standards.
Section 11. A Fire Agency's inability or refusal to provide emergency service assistance to
areas or locations served by the other Agency under separate contracts or agreements shall not
affect the application of this Agreement with respect to areas not subject to separate contracts or
agreements.
Section 12. Safe and successful implementation of this Agreement is dependent upon adequate
cooperative training and familiarization efforts by and between the Fire Agencies. To facilitate
these cooperative efforts the Administrative Board shall delegate responsibility to a Training and
Equipment Group comprised of members from each of the participating agencies. This Training
and Equipment Group shall be responsible for developing and implementing joint training
opportunities for the members of the Fire Agencies to assure that safety and efficiency is
maintained within the joint operations of the Fire Agencies.
Section 13. This Agreement shall become effective thirty (30) days after approval by the
Agencies' legislative bodies and publication, as required under RCW 34.39.040. The Agreement
shall remain in full force and effect for one year from the date first indicated above. The
Agreement may be automatically renewed from year-to-year by the parties hereto, said renewal
being contingent upon the completion of an annual review and written report representing the
number of calls the Fire Agencies cooperatively responded to during the term, together with
other relevant data that provides a summary of the outcome of this cooperative effort at the end
of each annual term, unless the Agreement is otherwise terminated prior to renewal. A Fire
INTERLOCAL AGREEMENT FOR EMERGENCY AID RESPONSE —Page 4
Agency may withdraw from this agreement by providing ninety (90) days written notice of its
intent to withdraw to the other Fire Agency. If one Fire Agency withdraws, this agreement is
automatically and immediately terminated.
Section 14. Severability. If any provision of this Agreement or its application is held invalid, the
remainder of the Agreement or the applications of the remainder of the Agreement shall not be
affected.
IN WITNESS WHEREOF the parties have hereunto placed their hands and seals on the day and
year first indicated.
CITY(aKVA CITY OF SUNNYSIDE
By: By: A
Bob Harrison, City Manager artin Casey, City M alter
Date: TcuA, LQ
CITY CONTRACT NO: .C:91--01T7
RESOLUTION NO: +"' 1-- -it-;
Date: //
41 .°2
CITY CONTRACT NO: A-202D I,�7
RESOLUTION NO:
`COUNCIL MTG: 2D
INTERLOCAL AGREEMENT FOR EMERGENCY AID RESPONSE —Page 5
WA
cities
Insurance Authority
9/24/2020
City of Yakima
Attn: Bob Harrison
129 N. 2nd St.
Yakima, WA 98901
Ref#: 12979
i:a or e: 206-.75-60 i6
Flax: 206-S7S-7,126
Re. City of Sunnyside
Interlocal Agreement for Emergency Aid Response
Evidence of Coverage
The City of Sunnyside is a member of the Washington Cities Insurance Authority (WCIA), which
is a self -insured pool of over 160 public entities in the State of Washington.
WCIA has at least $5 million per occurrence limit of liability coverage that may be applicable in
the event an incident occurs that is deemed to be attributed to the negligence of the member.
Liability coverage includes general liability, automobile liability, stop -gap coverage, errors or
omissions liability, employee benefits liability and employment practices liability coverage.
WCIA provides contractual liability coverage to the City of Sunnyside. The contractual liability
coverage provides that WCIA shall pay on behalf of the City of Sunnyside all sums which the
member shall be obligated to pay by reason of liability assumed under contract by the member.
WCIA was created by an interlocal agreement among public entities and liability is self -funded
by the membership. As there is no insurance policy involved and WCIA is not an insurance
company, your organization cannot be named as an additional insured.
Sincerely,
Rob Roscoe
Deputy Director
cc. Martin Casey
Ken Anderson, Sunnyside Fire Chief
1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.1.
For Meeting of: January 5, 2021
ITEM TITLE: Resolution authorizing an I nterlocal Agreement for Emergency Aid
Response with the City of Sunnyside
SUBMITTED BY: Aaron Markham, Fire Chief
SUMMARY EXPLANATION:
Attached is a Resolution and contract for emergency aid response with the City of Sunnyside for
Council consideration.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date
D Resolution 12/22/2020
D Contract 12/21/2020
Type
Cover Memo
Cover Memo