HomeMy WebLinkAboutR-2015-150 Water Tender Truck Use Agreement with Yakima County Fire District No. 11RESOLUTION NO. R-2015-150
A RESOLUTION authorizing the City manager to execute and administer an
intergovernmental agreement between Yakima County Fire District
No 11 and City of Yakima for acquisition and use of a water tender
truck for fire suppression services.
WHEREAS, the City of Yakima (City) and Yakima County Fire District No 11 (Fire
District) have previously entered into an intergovernmental agreement pursuant to the
provisions of Chapter 39 34 RCW, the Interlocal Cooperation Act, for the mutual provision
of fire prevention and repression services within the Fire District; and
WHEREAS, the City and Fire District desire to purchase and acquire a water tender
truck and associated equipment in order to provide a mobile water supply to help meet fire
suppression needs of the Fire District and City not served by fire hydrants; and
WHEREAS, the parties have negotiated an intergovernmental agreement whereby
the Fire District will contribute $75,000 toward the purchase of the water tender truck and
associated equipment, which truck and equipment shall be owned and managed by City,
for the purpose of providing a mobile water supply to help meet fire suppression needs of
the parties, which agreement is attached hereto as Exhibit "A" and incorporated herein by
this reference; and
WHEREAS, the City Council finds and determines that approval of such agreement
is in the best interests of residents of the City of Yakima and will promote the
intergovernmental benefit of both the City and Fire District, and will promote the general
health, safety and welfare, now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. The "Agreement for Acquisition and Use of Water Tender," by and
between the City of Yakima and Yakima County Fire District No. 11, attached hereto and
incorporated by reference herein, is hereby approved.
Section 2. The City Manager is hereby authorized to execute and administer the
agreement approved herein
ADOPTED BY THE CITY COUNCIL this 1st day of December, 2015
ATTEST:
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Sonya_Claar_-ee-City Clerc
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A�t
Micah CCa�wle/, Mayor
AGREEMENT FOR ACQUISITION AND USE OF
WATER TENDER
By and Between
YAKIMA COUNTY FIRE DISTRICT NO. 11
And
CITY OF YAKIMA
This Agreement is made and entered into by and between YAKIMA COUNTY FIRE DISTRICT
NUMBER 11, hereinafter "FIRE DISTRICT", and the CITY OF YAKIMA, hereinafter "YAKIMA".
WHEREAS, YAKIMA is a municipal corporation of the State of Washington with City Hall
located at 129 North 2" Street, and is currently providing fire suppression services to
the FIRE DISTRICT pursuant to an intergovernmental service agreement
approved by Yakima pursuant to Resolution No. 20 1 5- 1 1 0 on September 1,
2015; and
WHEREAS,the FIREDISTRICT has a large geographic area that does not
have fire hydrants and an infrastructure to provide a water supply for
fire suppression; and
WHEREAS, the FIRE DISTRICT and YAKIMA desire to enter into an agreement
for the purchase and use of a water tender truck; and
WHEREAS, the FIRE DISTRICT desires to provide funds toward the purchase of a
mobile water supply in the form of a tender, which tender will be owned by YAKIMA and be
available to provide a mobile water supply to help meet fire suppression needs of the FIRE
DISTRICT and Yakima; and
NOW, THEREFORE, in consideration of foregoing recitals and the mutual covenants and
promises hereinafter set forth, the parties do hereby agree as follows.
1. Term: The term of this agreement shall commence upon execution by both parties and
shall continue until the water tender truck acquired hereunder is decommissioned or the
underlying intergovernmental service agreement approved on September 1, 2015 is
terminated, whichever first occurs. The provisions of this Agreement pertaining to insurance, use,
operation, maintenance and ownership of the water tender truck and attendant equipment shall continue
through the useful life of the water tender truck and any decommissioning thereof.
2. Scope of the Agreement. The scope is to purchase a water tender to provide a mobile water
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supply for emergency operations by YAKIMA within the FIRE DISTRICT and in any other
operational mode deemed necessary by the Yakima Fire Department, including but not limited to fire
suppression and prevention services within the City of Yakima.
3. Statutory Authority. The FIRE DISTRICT's Board shall retain all the authority and power
vested in it by statute, regulation or case law, except as specifically delegated to YAKIMA, or otherwise
specifically agreed upon herein.
4. Purchase of Water Tender — Payments by FIRE DISTRICT. YAKIMA shall purchase the
water tender truck and attendant equipment and fixtures necessary to operate such vehicle. The FIRE
DISTRICT agrees to pay YAKIMA, the following amounts as compensation for the use and availability
of such vehicle and equipment to provide a mobile water supply to enhance the service capability of
YAKIMA.
The FIRE DISTRICT shall pay a total of Seventy Five Thousand Dollars ($75,000) to
YAKIMA. The first payment of Twenty Five Thousand Dollars ($25,000) due within 30 days
after the purchase of a tender by YAKIMA. Thereafter, FIRE DISTRICT shall pay and remit to
YAKIMA two payments of Twenty Five Thousand Dollars ($25,000) each. The first of
these two payments shall be due on or before one year after the purchase of
the tender, and the second payment shall be due on or before two years after
the purchase of the tender.
5. Ownership and Responsibility. Yakima shall be the sole owner of the tender and attendant
equipment at the time of its purchase and is therefore solely responsible for all maintenance, insurance, and
operation.
6. Indemnification and Insurance. The parties shall maintain m effect all insurance policies required
pursuant to Section 6 of the intergovernmental service agreement approved September 1, 2015 and shall
comply with all hold harmless and indemnification provisions thereof. Nothing in this Agreement shall be
deemed to modify such obligations. Notwithstanding the above, YAKIMA shall be solely responsible to
acquire and maintain all insurance for the water tender vehicle.
7. Acquisition and Use of Property. This Agreement constitutes the acquisition of property. By
the terms herein and above, the parties acknowledge and agree that: (a) YAKIMA shall expend the funds
necessary and appropriate to purchase and acquire the water tender truck and any necessary equipment and
fixtures to render such vehicle useable as a mobile water supply source for fire suppression service to FIRE
DISTRICT and YAKIMA; (b) the contribution by FIRE DISTRICT of $75,000 to YAKIMA to defray
YAKIMA's represents fair compensation for the use and availability of a mobile water supply source for
fire suppression service to FIRE DISTRICT; (c) YAKIMA will maintain a water tender truck in
service for a period of 6 years from the signing of this agreement; and (d) title to such vehicle shall
vest at all times in YAKIMA, and upon decommissioning or replacement of such vehicle, or termination of
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this Agreement, YAKIMA shall have no obligation to return to FIRE DISTRICT any portion of the
compensation paid by FIRE DISTRICT pursuant to Section 4 above. YAKIMA and FIRE DISTRICT
understand and agree that YAKIMA may acquire other water tender trucks and equipment in the future and
may assign such other vehicle(s) to provide a mobile water supply source for fire suppression service to
FIRE DISTRICT in addition to, or in lieu of, the water tender truck purchased pursuant to this Agreement.
8. Administration. This Agreement shall be jointly administered by the FIRE DISTRICT Board or
its designated executive officer, and the Fire Chief of the Yakima Fire Department or his designee.
9. Status of Employees. Each employee of YAKIMA performing services pursuant to this
Agreement shall be and exclusively remain the employee of the City of Yakima, subject to the direction and
control of City of Yakima. Each employee, official and volunteer of FIRE DISTRICT performing services
pursuant to this Agreement shall be and exclusively remain the employee, official and volunteer,
respectively, of FIRE DISTRICT, subject to the direction and control of FIRE DISTRICT. FIRE
DISTRICT and YAKIMA shall remain solely and exclusively responsible for the direction and control of
its own employees, officers and volunteers and shall be solely and exclusively responsible for the
compensation of its own employees, officers and volunteers.
10. Records and Reports. Documents and reports generated by either party pursuant to the services
provided under this Agreement shall be and remain the property of the party generating such documents and
reports, but shall be shared with the other party as appropriate; provided, however, all such documents and
reports shall be subject to disclosure pursuant to the Public Records Act, Chapter 42.56 RCW, as applicable.
YAKIMA records and reports documenting services rendered and billings based thereon shall be made
available to FIRE DISTRICT for inspection and copying, as appropriate, during regular business hours of
City of Yakima, upon request of FIRE DISTRICT.
11. Waiver and Amendments. Waiver of any breach or any term or condition of this Agreement shall
not waive any prior or subsequent breach. No term or condition is waived, modified or deleted except by an
instrument in writing signed by both parties.
12. Entire Agreement and Modifications. This Agreement sets forth the entire agreement of the
parties with respect to the subject matter herein. The parties may supplement the Agreement by addenda or
amendments, when agreed upon by both parties in writing. The parties shall attach copies of such addenda
and amendments and by reference incorporate them herein.
13. Duration and Authority. This Agreement shall become effective upon signature and authorization
by both parties with copies filed with the Yakima County Auditor and Clerk of the City of Yakima, or
otherwise posted as authorized pursuant to RCW 39.34.040. Provisions of this Agreement pertaining to
ownership, operation and maintenance of the water tender truck and attendant equipment and fixtures, and
any provisions relating to insurance and indemnification shall survive termination of this Agreement.
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14. Severability. If any term or provision of this Agreement is found invalid or unenforceable by a
court of competent jurisdiction, the remainder of this Agreement shall be enforceable and effective to the
fullest extent permitted by law. Further, the parties shall negotiate in good faith regarding amendments to
this Agreement that would effectuate the intent of any provision held invalid or not enforceable.
15. No Third -Party Beneficiary. Nothing in this Agreement is intended to create any rights in any
entity not a party to this Agreement nor is any person or entity not named a party herein a third party
beneficiary to this Agreement.
16. No Public Official Liability. No provision of this Agreement nor any authority granted by this
Agreement is intended to create or result in any personal liability for any public official or agent of a party,
nor is any provision of this Agreement to be construed to create any such liability.
17. Assignment. The obligations in this Agreement are not subject to assignment.
18. Dispute Resolution — Governing Law — Venue. The parties shall jointly cooperate to resolve any
disputes that arise hereunder. Any dispute shall first be considered by the administrative officials identified
in Section 8 above. If such consideration does not resolve the dispute, the matter will be submitted to the
chief executive officers of each party. If the matter remains unresolved, either party may seek appropriate
relief in Yakima County Superior Court, which court shall be the venue for any action arising under this
Agreement. This Agreement and all performance herein shall be construed in accordance with the laws of
the State of Washington.
WHEREFORE, this Agreement is executed and effective upon the date signed by the last party to sign
below:
CITY OF YAKIMA
4
By:
!,,a/14,
FIRE PROTECTION DISTRICT NUMBER 11
By:
d -f -e -"747s
issioner
Date Signed: . 02 , 2015
ATTEST:
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CITY coNTRacT NO: o?o /5--2 y 7
RESOLUTION NO: e-,..)02,-----)6-42
ei,
issioner
Secretary
Sonya Claar Tee, City Clerk
STATE OF WASHINGTON
): ss.
County of Yakima
ATTESTATION
ON THIS DAY personally appeared before me the undersigned, a Notary Public in and for the
State of Washin ton dul commissioned and sworn, AA AAK S SIN t -. 0
Cn ,�M' •c co Adak LA M Pe nu 1.5eVer) .SAmaP So o
me known to beAfe andssecretary of FIRE PROTECTION DISTRICT NUMBED 11, the entity
that executed the foregoing Service Agreement; and who acknowledged the said Agreement to be the
free and voluntary act and deed of FIRE PROTECTION DISTRICT NUMBER l I, for the uses and
purposes therein contained; and who on oath stated that they are authorized to execute the said
instrument on behalf of FIRE PROTECTION DISTRICT NUMBER 11.
Witness MY HAND AND OFFICIAL SEAL THIday of 0 UQiYibet_ 2015.
STATE OF WASHINGTON )
): ss.
County of Yakima
5
PVLIEtyitai'21114 State of Washington
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ON THIS DAY personally appeared before me the undersigned, a Notary Public in and for the ' �-ku`t
State of Washington, duly commissioned and sworn, J e P CAA.tte r c. , to me known to be the/City
Manager of the City of Yakima, the entity that executed the foregoing Service Agreement; and who
acknowledged the said Agreement to be the free and voluntary act and deed of the City of Yakima
for the uses and purposes therein contained; and who on oath stated that he is authorized to execute the
said instrument on behalf of the City of Yakima.
Witness MY HAND AND OFFICIAL SEAL THIS day of Dec em 2015.
KAARRE ALLYN
Notary Public
State of Washington
My Commission Expires
April 11, 2016
6
NOTAR PUBLIC in and for t State of Washington
Residing
at: qgkitl.t.fi r
My Commission expires: 11— /1 • aQ / (�j
ITEM TITLE:
'1111111 1,
nun 11,1:1141r10
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. S.J.
For Meeting of: December 1, 2015
Resolution authorizing the execution of an Intergovernmental
Agreement with Yakima County Fire District #11 for the acquisition
and use of a water tender truck
SUBMITTED BY: Bob Stewart, Fire Chief
SUMMARY EXPLANATION:
On September 1, 2015, by way of Resolution No. 2015-110, the City ofYakima and Yakima County Fire
District #11 entered into an intergovernmental service agreement for the City ofYakima to provide fire
suppression services to the geographic area ofYakima County Fire District #11. A large part of this
geographic area does not have fire hydrants or the infrastructure to provide water supply for fire suppression.
This agreement is regarding the purchase of a water tender truck and associated equipment to provide a
mobile water supply to enhance the service capability. As part of this agreement, in order to assist in the
purchase, Yakima County Fire District #11 agrees to pay the City ofYakima a total of $75,000 made payable
in three installments.
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:
City Manager
ATTACHMENTS:
Description
IResollutlion For Agreement With Yakiima County IF:'re
111)istriict #11 .for Water lender IPurchase
Untergovernmentall Agreement .for a Water lender
Purchase
Upload Date
11/19/2015
11/19/2015
Type
IResgutlion
Contract