Loading...
HomeMy WebLinkAboutR-2014-140 Fire Protection and Emergency Medical Services Agreement with the City of Union Gap; Facilities Lease AgreementRESOLUTION NO. R-2014-140 A RESOLUTION approving and authorizing the City manager to execute an interlocal agreement between the City of Yakima and City of Union Gap for fire protection and emergency medical services. WHEREAS, in accordance with RCW 39.34.030, both the City of Yakima and the City of Union Gap have the authority to enter into contracts to receive and 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 the terms and conditions represented in the attached and incorporated Interlocal Agreement, of providing fire and emergency medical services to the geographical area of Union Gap; and WHEREAS, the parties have heretofore negotiated and agreed with one another on the terms 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, emergency preparedness services capabilities, and hazardous materials response in Union Gap, and thereby avoid unnecessary duplication of effort and expenditures of public funds; and WHEREAS, the service fee identified in the attached Interlocal Agreement for Yakima's provision of fire and emergency medical services on behalf of Union Gap and the method by which future service fees will be determined, as described in the attached Agreement, 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 WHEREAS, the City Council of the City of Union Gap has previously approved the Interlocal Agreement pursuant to resolution adopted September 15, 2014; and WHEREAS, the City Council finds that approval of the attached Interlocal Agreement is in the best interests of residents of the City of Yakima and will promote interlocal cooperation and the general health, safety and welfare; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute and administer the "Interlocal Agreement Between City of Yakima and City of Union Gap for Fire Protection and Emergency Medical Services," a copy of which is attached hereto and incorporated herein by this reference. The City Clerk shall post this Agreement on the City of Yakima's website as required by Chapter 39.34 of the Revised Code of Washington. ADOPTED BY THE CITY COUNCIL this 18th day of November, 2014. Micah Cawley, Ma or 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." WITNESSETH: 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, the parties have heretofore contracted 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, emergency preparedness services capabilities, 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 cross -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 Ft -2007-27. EMS resource deployment shall be based upon the Criteria -Based EMS Dispatch model currently utilized by Yakima. 3. Personnel. a. Career. Upon approval of this contract for service, one (1) Union Gap career Fire Captain and eight (8) Union Gap career Firefighters shall become employees of the City of Yakima and shall be compensated at their current 1 rank in accordance with the 2013-2017 IAFF Local 469 Collective Bargaining Agreement. These nine (9) Union Gap members shall retain credit for their current years of service, sick leave, holiday and vacation accruals. b. Volunteer/Paid On -Call. The current cadre of Volunteer Union Gap Firefighters who are active members in good standing and "Combat - Qualified" shall be maintained and utilized for emergency and non -emergency activities''' based from the Union Gap fire station. Yakima shall make reasonable efforts to recruit and train new volunteers during the term of the contract. 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. In the event that there is a vacancy in the position of Yakima Fire Chief, the Yakima City Manager shall meet and confer with the Union Gap City Manager before filling the position with a permanent replacement; however, the final decision shall be the Yakima City Manager's, alone. 5. Assets. Union Gap shall retain ownership of the following assets: a. Fire station facility located at 107 W. Ahtanum Rd. which shall be leased to Yakima pursuant to the terms of Appendix B. b. The following fire apparatus: i. 2012 E -One Typhoon Fire Engine ii. 1998 E -One Freightliner Fire Engine iii. 1999 Ford F450 Brush Truck Yakima shall,, be financially responsible for routine maintenance and minor repairs of the fire apparatus identified above. The cost of major repairs exceeding a $5,000 per occurrence threshold - whether accomplished in-house by Yakima or outsourced, shall be the financial responsibility of Union Gap. 6. Reporting. Yakima shall provide Union Gap with the following reports regarding services provided to Union Gap under this Agreement: a. During major fires or medical emergencies, Yakima shall make contact with Union Gap's City Manager or other designated responsible official (via text or phone). Union Gap shall provide the Yakima Fire Chief with the names and phone numbers 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 regular monthly Union Gap City Council meeting. The frequency of this attendance shall be evaluated after 6 months of service and consideration shall be given to quarterly and as -needed attendance. 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 2 preceding quarter, cumulative year-to-date totals, and comparative figures for the prior year. e. At the end of each six-month period (i.e., June and December), Yakima shall provide Union Gap with a written report on the results of fire and life safety inspection activities conducted in Union Gap. 7. Fire Advisory Committee. A committee shall be comprised of two Union Gap City Council members, the Union Gap City Manager or his designee and one member at - large (a Union Gap resident or business owner) appointed by the Union Gap City Council. The function of this committee shall be to review the effectiveness of the fire services provided by Yakima and to make recommendations on specific matters. The committee shall meet on a quarterly basis, time and location TBD. Frequency of the committee meetings may be amended at the discretion of the Union Gap City Manager. 8. Service Fee. The cost of services provided pursuant to this contract shall be One Million One Hundred Eighty Three Thousand Four Hundred Seven Dollars ($1,183,407) annually. 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. Service Fee Increases. The cost of services provided pursuant to this contract shall increase $2.5% to $1,212,992 on January 1, 2016 and 2.5% to $1,243,317 on January 1, 2017. By no later than August 1, 2017 Yakima shall provide Union Gap with notice of the Service Fee to be charged beginning January 1, 2018. Such notice shall include copies of those portions of the Yakima Budget upon which the fee calculation is based. The parties agree to meet promptly following Union Gap's receipt of the notice of the 2018 Service Fee for the purpose of reviewing the Service Fee calculation and discussing changes from the prior year. 11. Contract Term and Renewal. The term of this Agreement shall be from January 1, 2015 through December 31, 2017. If the parties so agree in writing prior to August 31, 2017, the term of this Agreement may be extended for an additional 2 years, to December 31, 2019. 12. 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. 13. 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 damages, arising out of or in any way resulting from the negligent acts or omissions of Union Gap, its officers, employees or agents. 3 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 ofI 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. 14. Remedies. Dispute Resolution - Disagreements regarding this Agreement shall first be brought to the Fire Advisory Committee for its review and recommendation. If the disagreement remains, the Fire Advisory Committee shall submit the issue 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. 15. 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 shallwork 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. Any and all employees that are transferred from Union Gap to Yakima in accord with this agreement shall return to Union Gap at the time this Agreement is terminated. This transfer agreement shall be represented by MOU(s) entered by the union(s) representing both the Yakima employee group and the Union Gap employee group. 16. Effective Date. Upon execution by both parties, this Agreement shall take effect on January 1, 2015. IN WITNESS whereof, the parties acting in their official capacities have hereby executed this Agreement by affixing thereto the signatures of the proper officers on the dates below indicated. By Its Date CITY OF Y''MA 4 By Its Date IT ; OF UNION GAP /7 PPRQVED AS TO°FORM: YakiniAttorney D AS TO FORM: ry - ap Ci y ttorney City Contract No. l49%1/1"01() 3 Resolution No. £2/9' /(74:11 5 APPENDIX A CITIES 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 iii. 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 iii. 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 - as agents of the Tri -County Hazardous Materials Response Team 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 2. Training A. Ongoing Training for Career and Volunteer Staff that is consistent with established NFPA curriculum 3. Prevention A. Fire and Life Safety Inspections i. Commercial ii. Multi -Family Occupancies (3 or more families) B. Public Education 4. Maintenance A. SCBA Repair and Annual Flow Testing B. Repair and Maintenance (up to a $5,000 threshold) for the following existing Fire Apparatus currently located at the Union Gap Fire Station: i. 2012 E -One Typhoon Fire Engine ii. 1998 E -One Freightliner Fire Engine iii. 1999 Ford F450 Brush Truck C. Repair and Maintenance for Power Equipment (Saws, Smoke Removal Fans, etc.) 5. Miscellaneous Services A. 5 -Year Fire Service Strategic Planning B. Communication and Coordination for Insurance Rating (WSRB) APPENDIX B LEASE AGREEMENT for FIRE STATION FACILITIES This Lease Agreement ("Lease") is made and effective this oVel day of l*deinb.Gt' , 2014, 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 (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, 2015 and ending December 31, 2017 or earlier in the event that the underlying Fire Protection Services Agreement is ended earlier. The Lease shall not include one thousand seven hundred forty nine (1749) square feet of space within the fire station building that is occupied by the Union Gap Finance and Administration Departments. 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 / Lease Area. 4. Condition of Premises. 1 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 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 that do not exceed $5000 in value) to the Leased Area, Yakima shall immediately notify the Union Gap of the need for such repairs and Yakima shall initiate such emergency repairs and bill Union Gap for the cost of such 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 2 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 either 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, 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. 3 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 City of Union Gap 107 W. Ahtanum Road Union Gap, WA 98903 Fire Chief City of Yakima 401 N. Front St. 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 LAN OR dneyterness, City Manager 4 CITY OF YA T ('ANT rke, City Manager BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 13. For Meeting of: November 18, 2014 ITEM TITLE: Resolution authorizing an Interlocal Agreement with Union Gap, WA for the City of Yakima to provide Fire Protection Services SUBMITTED BY: Bob Stewart, Fire Chief SUMMARY EXPLANATION: An Interlocal Agreement with the City of Union Gap, WA for the City of Yakima to provide Fire Protection Services. Resolution: X Ordinance: Other (Specify): Contract: X Contract Term: Start Date: End Date: Item Budgeted: Yes Amount: Funding Source/Fiscal Impact: Strategic Priority: Partnership Development Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: ATTACHMENTS: Description resolution interlocal agreement lease City Manager Upload Date 11/13/2014 11/14/2014 11/14/2014 Type Resolution Contract Exhibit