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HomeMy WebLinkAboutR-2009-120 Fire Ladder Truck Services Agreement with the City of Union Gapi A RESOLUTION RESOLUTION NO. R-2009-120 authorizing the execution of an Inter -local Agreement between the City of Yakima and the City of Union Gap to provide fire ladder truck services. WHEREAS, the City of Yakima has previously entered into a Mutual Aid Agreement with certain Yakima County Fire Protection Districts and Cities to render to each other the maximum cooperation possible and the sharing of personnel, equipment, and other resources, in order to provide emergency medical and fire suppression 'services; and WHEREAS, Union Gap requires a fire ladder truck for emergency fire operations and Washington Survey and Rating Bureau Public Protection Classification rating points; and; WHEREAS, Union Gap currently does not own a ladder truck and does not have a fire station facility large enough to house a ladder truck; and; WHEREAS, The City of Yakima Fire Department does own and operate fire ladder trucks and has capability and capacity to respond to Union Gap commercial structure fires; and; WHEREAS, The Yakima Fire Department desires to assist Union Gap Fire Department with Automatic Aid ladder truck response to commercial fires in Union Gap; and; WHEREAS, pursuant to the terms and conditions of the attached agreement, and where it is not an undue burden to the Yakima Fire Department; and; WHEREAS, it is of mutual advantage to both Cities to enter into this Agreement to provide ladder truck services to Union Gap thereby increasing firefighter safety and efficiency; and; WHEREAS, it is necessary for Yakima and Union Gap to enterinto an agreement setting forth the terms, conditions and requirements for ladder truck response to Union Gap, Union Gap agrees to pay the City of Yakima a one time fee of $100,000 (one hundred thousand dollars) for the maintenance, operation and Automatic Aid response of the Yakima Fire Department ladder truck program to Union Gap.; 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: WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached Inter -local Agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute the attached Inter -local Agreement between the City of Yakima and the City of Union Gap. ADOPTED BY THE CITY COUNCIL thislst day of September, 2009. ATTEST: INTERLOCAL AGREEMENT BETWEEN THE THE CITY OF YAKIMA AND THE CITY OF UNION GAP THIS AGREEMENT is made and entered into this 15' day of October, 2009, by and between the City of Union Gap, a Washington municipal corporation (Union Gap), and the City of Yakima (Yakima), also a Washington municipal corporation. WHEREAS, Union Gap requires a fire service ladder truck for emergency fire operations and Washington Survey and Rating Bureau Public Protection Classification rating points; and; WHEREAS, Union Gap currently does not own a ladder truck and does not have a fire station facility large enough to house a ladder truck; and; WHEREAS, The City of Yakima Fire Department does own and operate fire service ladder trucks and has capability and capacity to respond to Union Gap commercial structure fires; and; WHEREAS, The Yakima Fire Department desires to assist Union Gap Fire Department with Automatic Aid ladder truck response to commercial fires in Union Gap; and; WHEREAS, in accordance with the terms and conditions herein, and where it is not an undue burden to the Yakima Fire Department; and; WHEREAS, it is of mutual advantage to both Cities to enter into this Agreement to provide ladder truck services to Union Gap; and; WHEREAS, it is necessary for Yakima and Union Gap to enter into an agreement setting forth the terms, conditions and requirements for ladder truck response to Union Gap; 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 Yakima Fire Department Automatic Aid ladder truck response to Union Gap for commercial fires as specified herein. 2. TERM. This Agreement shall be effective from October 1, 2009 and shall remain in effect until December 31, 2019 unless terminated by either party in accordance with Section 20 of this Agreement. 3. COSTS. Union Gap agrees to pay Yakima a one time fee of $100,000 (one hundred thousand dollars) for the maintenance, operation and Automatic Aid response of the Yakima Fire Department ladder truck program to Union Gap. 4. CONSIDERATION. The parties agree that no additional fees shall be charged for the Automatic Aid response to each others fires or emergency calls for service. 5. PERFORMANCE EXCUSED UNDER CERATAIN CONDITAIONS. Either party'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. 6. 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. 7. 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 ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local govemment services and telecommunications. 8. INDEMNIFICATION AND HOLD HARMLESS. Each party hereto agrees to be responsible and assume liability in the performance of this Agreement for its own wrongful and/or negligent acts or omissions and those of its officers, elected officials, agents, volunteers, and/or employees to the fullest extent allowed by law. In its role as user of the other party's facility, each party agrees to defend, indemnify and hold the owning party harmless from any and all claims, demands, losses, liens, and liabilities of any nature or description (including attorneys' fees and disbursements) arising out of the use unless otherwise expressly agreed to in writing. In the event that the officials, officers, agents, and/or employees of both Cities are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorneys' fees). Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. The provisions of this Section shall survive the termination or expiration of this Agreement. 9. ADMINISTRATION. This Agreement shall be administered by the Chief of the Fire Department of Yakima and the Chief of the Fire Department of Union Gap. 10. 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. 11. NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of Yakima and Union Gap. 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. 12. 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. 13. 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. 14. NOTICES. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO THE CITY OF UNION GAP: TO THE CITY OF YAKIMA: Chief Bill Steele Union Gap Fire Department 107 West Ahtanum Road Union Gap, WA 98903 Chief Charlie Hines Yakima Fire Department 401 North Front Street Yakima, WA 98901 15. 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. 16. GOVERNING LAW. This Agreement shall be govemed by and construed in accordance with the laws of the State of Washington. 17. VENUE. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 18. 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. 19. NEUTRAL AUTHORSHIP. Each of the provisions of this Agreement has been reviewed and negotiated and represents the combined work product of the 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. 20. TERMINATION. Either party may terminate this Agreement, with or without cause, by giving the other party ninety (90) days prior written notice of termination. If the agreement is terminated, an equal pro rata share of the fee will be paid back to Union Gap for the remaining years of the agreement. CITY OF YAKIMA By: R A. Zais, Jr , Manager DATE: ATTEST 9 !3/ , City CI Contract No. owe 2 CITY 0 ION GAP By- Lz� Jirtf emon, Mayor DATE: /2h? ATTEST. Kathryn Thompson, C C, City Clerk Contract No Resolution No. , -14'z) Resolution No ILA — Yakima/Union Gap Auto Aid Ladder Truck Page 4 of 4 COPY CITY OF UNION GAP, WASHINGTON RESOLUTION NO. Soo A RESOLUTION authorizing the Mayor to sign an Interlocal Agreement between the City of Yakima and the City of Union Gap for Fire Department Automatic Aid Ladder Truck Response to Commercial Fires. WHEREAS, the City of Union Gap maintains a Fire Department responsible for emergency response within the City of Union Gap; WHEREAS, the City of Yakima is contiguous to and maintains it own Fire Department responsible for emergency response within the City of Yakima; WHEREAS, Union Gap requires a fire service ladder truck for emergency fire operations and Washington Survey and Rating Bureau Public Protection Classification rating points and Union Gap does not own a ladder truck and does not have a facility large enough to house a ladder truck; WHEREAS, Yakima does own and operate fire service ladder trucks, has the capability and capacity to respond to Union Gap commercial structure fires, and desires to assist Union Gap Fire Department with Automatic Aid ladder truck response to commercial fires in Union Gap; WHEREAS, an interlocal agreement created pursuant to authority under the Interlocal Cooperation Act has been drafted setting forth terms and conditions related to the provision of automatic aid ladder truck services; WHEREAS, it is the desire of the City Council to enter into this Interlocal Agreement with the City of Yakima, and to pay Yakima a one time fee of $ioo,000 for maintenance, operation, and Automatic Aid response of the Yakima Fire Department ladder truck program to Union Gap; NOW, THEREFORE, BE IT RESOLVED BY THE UNION GAP CITY COUNCIL as follows: That the Mayor is authorized to sign an Interlocal Agreement between the City of Yakima and the City of Union Gap for Fire Department Automatic Aid Ladder Truck Response to Commercial Fires. PASSED this 10th day of August 2009. ATTEST: \ \(Y1. Kathryn hompson, CMC, City Clerk APPROVED AS TO FORM: obert F. e, City Attorney • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9 For Meeting Of September 1, 2009 ITEM TITLE: Consideration of a Resolution authorizing the execution of an Inter -local Agreement between the City of Yakima and the City of Union Gap to provide fire ladder truck services. SUBMITTED BY: Charlie Hines, Fire Chief CONTACT PERSON/TELEPHONE: Chief Hines, 6747 SUMMARY EXPLANATION: The attached resolution authorizes the City Manager to execute an Inter -local Agreement between the City of Yakima and the City of Union Gap. As proposed, the agreement provides for fire ladder truck services from the City of Yakima to the City of Union Gap for assistance with commercial building fires. The City of Union Gap does not own a fire ladder truck. The City of Yakima owns and operates fire ladder trucks and has capability and capacity to respond to Union Gap commercial structure fires. In fact, the Yakima Fire Department already responds under the current mutual aid agreement to such events. This agreement establishes an automatic aid relationship between the two cities, which is a mutual benefit by increasing firefighter safety and efficiency and reduced response times to commercial fire events within the City of Union Gap. The agreement provides that the City of Union Gap will pay the City of Yakima a one time fee of $100,000 (one hundred thousand dollars) for the maintenance, operation and *Automatic Aid response of the Yakima Fire Department ladder truck program to Union Gap. Monies will be utilized for debt service obligation on new ladder truck and/or personnel costs. *Mutual Aid: Emergency assistance from neighboring jurisdiction is requested and dispatched AFTER the responsible agency arrives on scene. Automatic Aid: Emergency' assistance from neighboring jurisdiction is dispatched SIMULTANEOUSLY with the responding agency. Resolution X Ordinance Contract X Other (Specify) Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt the resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: