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Home My WebLink AboutR-2024-038 Resolution authorizing an Interagency Agreement with Washington State Patrol for fire mobilization RESOLUTION NO. R-2024-038 A RESOLUTION authorizing an Interagency agreement between the Washington State Patrol and the Yakima Fire Department for fire mobilization. WHEREAS, the City operates an organized and staffed fire department trained and equipped to provide incident command overhead and emergency response to wildland fires and other all-hazard incidents in accordance with the Washington State Fire Services Resource Mobilization Plan (Mobilization Plan); and WHEREAS, the City desires to enter into an agreement that will provide for reimbursement to the City of allowable Fire Agency costs incurred while its assets are mobilized in accordance with RCW 43.43.960 through RCW 43.43.964 and the Mobilization Plan; and WHEREAS, the parties desire to enter into an agreement that allows the City to provide incident command overhead and other applicable fire agency resources within the State of Washington pursuant to the terms and conditions of the agreement; and WHEREAS, the City Council finds and determines that approval of the Interagency Agreement described herein is in the best interest of the City and its residents, and that such approval will promote 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 an Interagency Agreement with the Washington State Patrol, attached hereto and incorporated herein by this reference to provide fire agency resources in accordance to the Washington State Fire Mobilization Plan. ADOPTED BY THE CITY COUNCIL this 5th day of March, 2024. r"---) Patricia yersyMayor ATTEST: .9 ' � SEAL. ► % Rosalinda Ibarra, City Clerk ,41' ....G•° WSP Contract No: K19897 FIRE MOBILIZATION INTERAGENCY AGREEMENT BETWEEN STATE OF WASHINGTON WASHINGTON STATE PATROL AND YAKIMA FIRE DEPARTMENT This Interagency Agreement(Agreement), pursuant to RCW 43.43.960 through RCW 43.43.964 (State Fire Service Mobilization) and Chapter 39.34 RCW(Interlocal Cooperation Act), is made and entered into by and between the Washington State Patrol, hereinafter referred to as "WSP," and Yakima Fire Department, a statutorily authorized fire agency within the State of Washington, hereinafter referred to as"Fire Agency." The purpose of this Agreement is to provide for the reimbursement of allowable Fire Agency costs incurred while its assets are mobilized in accordance with RCW 43.43.960 through RCW 43.43.964 and the Washington State Fire Services Resource Mobilization Plan (Mobilization Plan). The Mobilization Plan and any subsequent versions adopted pursuant to RCW 43.43.962 are incorporated herein by this reference and can be found at: https://www.wsp.wa.gov/all-risk-mobilization/ Therefore, it is mutually agreed that: 1. Mobilization Plan. The Mobilization Plan provides a process to quickly notify, assemble and deploy fire service personnel and equipment to any local fire jurisdiction in Washington State that has expended all local and mutual aid resources in attempting to manage, mitigate and control an emergency incident or situation for the protection of life and property. If the Fire Agency responds with its available assets to an incident mobilization, both parties shall comply with the procedures detailed in the Mobilization Plan. 2. Period of Performance. The period of performance of this Agreement begins on 1/01/2024 and ends on 1/01/2029 unless terminated sooner as provided herein. 3. Billing Procedures. WSP shall reimburse the Fire Agency upon the receipt of properly executed claim forms submitted by the Fire Agency according to the Mobilization Plan. Claims for payment submitted by the Fire Agency to WSP for costs due and payable under this Agreement shall be paid by WSP if received by WSP within 45 days from the end of each respective fire mobilization. The Fire Agency is required to be registered as a Statewide Payee prior to submitting a request for payment under this Contract. The Washington State Office of Financial Management (OFM) maintains the Statewide Payee Registration System; to obtain registration materials go to https://ofm.wa.gov/it-systems/statewide-vendorpavee-services 4. Compliance with Civil Rights Laws. During the period of performance for this Agreement, both parties shall comply with all federal and state nondiscrimination laws. 5. Records Maintenance. Both parties shall maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. Both parties shall retain all books, records, documents, and other material relevant to this Agreement for six (6)years after expiration, and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. 6. Agreement Management. The work described herein shall be performed under the coordination of the parties' Contract Managers listed below, or their successors. They shall provide assistance and guidance to the other party necessary for the performance of this Agreement. The parties shall notify each other within ten (10) business days of a change in Contract Manager. Page 1 of 2 WSP Contract No: K19897 Contract Manager for Contract Manager for the YAKIMA FIRE DEPARTMENT: WASHINGTON STATE PATROL: Dave Zabel!, Interim City Manager Brian Briscoe Aaron Markham—Fire Chief State Deputy Fire Marshal 129 N 2nd St PO Box 42642 Yakima WA 98901 Olympia WA 98504-2642 (509) 575-6060 (360) 596-3925 aaron.markham a.vakimawa.gov Brian.Briscoelp wsp.wa.aov 7. Hold Harmless. Each party shall defend, protect and hold harmless the other party from and against all claims, suits and/or actions arising from any negligent or intentional act or omission of that party's employees, agents, and/or authorized subcontractor(s) while performing under this Agreement. 8. Agreement Alterations and Amendments. This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 9. Termination. Either party may terminate this Agreement upon thirty (30) calendar days'written notification to the other party. If this Agreement is so terminated, the terminating party shall be liable only for performance in accordance with the terms of this Agreement for performance prior to the effective date of termination. 10. Appeals of Denied Claims. In the event that WSP denies payment of claim(s) submitted by the Fire Agency under this Agreement, the Fire Agency may appeal the denial according to the Mobilization Plan. The process contained in the Mobilization Plan is the sole administrative recourse available to the Fire Agency for the appeal of denied claims. 11. Order of Precedence. In the event of any inconsistency in the terms of this Agreement, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable federal and state statutes and regulations; 2. Terms and Conditions contained in this Agreement 3. Any other provisions of the Agreement, whether incorporated by reference or otherwise. 12. All Writings Contained Herein. This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement. Yakima Fire Department WASHINGTON STATE PATROL 314ay -a��g Signature Date Sign ture Date i9cA,1 akilC a 4(1e...g.--- t,v-e. Print Name and Title YY1G-et y-r- For: John R. Batiste, Chief APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 2/5/2008 CITY CONTRACT NO. � RESOLUTION NO:_ u, Q Page 2 of 2 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.J. For Meeting of: March 5, 2024 ITEM TITLE: Resolution authorizing an Interagency Agreement with Washington State Patrol for fire mobilization SUBMITTED BY: Aaron Markham, Fire Chief SUMMARY EXPLANATION: The purpose of this Agreement is for Yakima Fire Department to assemble and deploy fire service personnel and equipment to an emergency incident to manage, mitigate and control the emergency incident for the protection of life and property and to establish WSP's payment and reimbursement responsibilities to Yakima Fire Department for providing such personnel and/or equipment. The Agreement provides for the reimbursement of allowable Fire Agency costs incurred while its assets are mobilized in accordance with RCW 43.43.960 through RCW 43.43.964 and the Washington State Fire Services Resource Mobilization Plan. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type D Resolution 2/15/2024 Corer Memo d Contract 2/15/2024 Corer Memo