HomeMy WebLinkAbout02/19/2008 12 Yakima County Fire District No. 12 - Frie Protection Agreement with the City of Yakima BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 12_
For Meeting Of February 19, 2008
ITEM TITLE: Consideration of a Resolution authorizing the execution of an Interlocal
• Agreement between the City of Yakima and Yakima County Fire Protection
District No. 12.
SUBMITTED BY: Charlie Hines, Fire Chief
CONTACT PERSON/TELEPHONE: Chief Hines, 6747
SUMMARY EXPLANATION:
The attached resolution authorizes the City Manager to execute an Interlocal Agreement
between the City of Yakima and Yakima County Fire Protection District No. 12. The agreement
• will establish a simultaneous dispatching mutual aid agreement between the two parties.
Resolution X Ordinance Contract X Other (Specify)
Funding Source Fire Departm Operating Budget
APPROVED FOR SUBMITTAL:
ity Manager
STAFF RECOMMENDATION: Adopt the resolution.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
RESOLUTION NO. R -2008-
A RESOLUTION authorizing the execution of an Interlocal Agreement between the
City of Yakima and Yakima County Fire Protection District No. 12.
WHEREAS, the City of Yakima and Yakima County Fire Protection District No.
12 desire to establish a simultaneous dispatching mutual aid agreement pursuant to the
terms and conditions of the attached agreement; and
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 an agreement the attached Interlocal Agreement between the
City of Yakima and Yakima County Fire Protection District No. 12,
ADOPTED BY THE CITY COUNCIL this 19 day of February, 2008.
David Edler, Mayor
ATTEST:
City Clerk
•
ORIGINAL
• INTERLOCAL AGREEMENT BETWEEN THE CITY OF YAKIMA AND
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12
THIS INTERLOCAL AGREEMENT, hereinafter "Agreement," is made and
entered by and between the City of Yakima, a Washington municipal corporation,
(hereinafter "City "), and Yakima County Fire Protection District #12, a Washington
municipal corporation, (hereinafter "District ") This Agreement is entered into by the
City under the authority of RCW 35.22.280 and the District under authority of RCW
52.12.031, and is in conformity with RCW Chapter 39.34, the Interlocal Cooperation Act.
WHEREAS, this document and agreement has been authorized by the City
Council for the City of Yakima and the Board of Fire Commissioners for the District at a
duly convened public meeting of each body.
WHEREAS, the District and the City have an ongoing cooperative relationship
and partnership in protecting and serving the citizens of Yakima County and the City of
Yakima and in enhancing public safety in Yakima County and the City of Yakima.
WHEREAS, it is the goal of the City and the District to continue working on
long and short-term goals for the betterment of the citizens within each jurisdiction,
supporting and encouraging a positive relationship and productive outcomes for the
citizens that both entities serve.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
conditions set forth herein, it is agreed by and between the City and the District as
follows:
1. Purpose. The purpose of this Agreement is to improve fire protection, fire
prevention, emergency medical service response and transportation, hazardous materials
control, and /or any other emergency support within the respective jurisdictions by
facilitating mutual aid and assistance.
It is not contemplated that any jurisdiction shall incur a financial obligation to the other
as a result of this agreement and no budget is necessary.
2. Term. This Agreement shall be effective on January 1, 2008 and shall continue
for a period of one year therefrom and shall automatically renew from year to year unless
terminated by either party in accordance with Section 11 of this Agreement.
3. Obligations of the Parties.
A. The District agrees to supplement City resources through simultaneous
dispatch to reported fires, emergency medical calls, and all other emergency calls to the
City of Yakima Fire Department on or West of 72' Avenue (see attached exhibit Map
r
1 of 6
B. The City agrees to supplement District resources through simultaneous
dispatch to reported fires, emergency medical calls, and all other emergency calls to the
District in the area marked in the attached exhibit Map "B ".
C. The first arriving company or duty officer shall initiate and establish command
and have it assumed upon arrival of an officer from the agency having jurisdiction per
YFD SOP #4.106 Incident Command and Yakima County Fire Protection District No. 12
Policy #1106 Incident Command System.
D. Each party, subject to the terms, conditions and limitations herein, shall be
solely responsible for control of its personnel, standards of performance, discipline, and
all other aspects of performance by its employees while performing services under this
Agreement.
E. In the event of simultaneous calls for service whereby facilities and /or
resources of either party are taxed beyond its ability to perform all needed services, the
officers and agents of the party shall have discretion as to the priority handling of such
calls.
F. The mutual aid provided herein shall be without reimbursement unless
expressly agreed to by the jurisdiction requesting and the jurisdiction providing such aid.
4. School Training. In further consideration for the services to be provided by the
City pursuant to this Agreement, the District agrees to conduct annual School Fire Exit
Drills and present fire /life safety training using the Edith House at three elementary
schools in the West Valley School District within the City of Yakima each school year
during the term of this Agreement.
5. Administration. This Agreement shall be administered jointly by the chief
officers of the respective jurisdictions. This Agreement does not establish a separate
legal entity, joint board, or administrative section for the purpose of acquiring, managing,
or disposing of property, or any other financial obligation allowed under RCW 39.34, the
Interlocal Cooperation Act.
6. Property Ownership. It is not contemplated that any property, real or personal,
will be acquired by any jurisdiction separately or jointly as a result of this Agreement.
No separate fund shall be established, and no legal entity created. Any acquisition of
joint property shall be subject to a separate interlocal agreement executed prior to or at
the time of such joint acquisition. All equipment and property owned or acquired solely
by a party hereto shall remain the equipment and property solely of that party.
7. Indemnification and Hold Harmless.
A. The District agrees to protect, defend, indemnify, and hold harmless the
City, its officers, elected officials, agents, and employees from any and . all claims,
demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all
judgments, awards, costs and expenses (including attorneys fees and disbursements)
2of6
• caused by or occurring by reason of any negligent act and/or omission of the District, its
directors, officials, officers, employees, agents, and /or volunteers arising out of or in
connection with the activities of the District under and pursuant to this Agreement,
including but not limited to any personal injury, death, and /or property damage claim,
demand, lawsuit or other proceeding brought against the City.
B. The City agrees to protect, defend, indemnify, and hold harmless the
District, its officers, elected officials, agents, and employees from any and all claims,
demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all
judgments, awards, costs and expenses (including attorneys fees and disbursements)
caused by or occurring by reason of any negligent act and /or omission of the City, its
directors, officials, officers, employees, agents, and /or volunteers arising out of or in
connection with the activities of the City under and pursuant to this Agreement, including
but not limited to the use of Station No. 1, including any equipment of the other Party
therein, and including but not limited to any personal injury, death, . and/or property
damage claim, demand, lawsuit or other proceeding brought against the District.
C. In the event that the officials, officers, agents, and /or employees of both
the District and the City 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).
D. Nothing contained in this Section or this Agreement shall be construed to
create a right of indemnification in any third party.
E. The provisions of this Section shall survive the termination or expiration
of this Agreement.
8. No Effect on Other Unrelated Agreement; Integration and Supersession.
This Agreement sets forth all of the terms, conditions, and agreements of the parties
relative to the subject matter hereof. No amendment or modification of this Agreement
shall be effective unless reduced to writing and executed by the parties. To the extent that
this Agreement directly contradicts any currently existing prior contract language
between the parties, this Agreement shall supersede such directly contradictory contract
language. The remainder of all currently existing agreements between the parties remain
in full force and effect.
9. Severability.
a. If a court of competent jurisdiction holds any part, term or provision of
this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining
provisions shall not be affected, and the parties' rights and obligations shall be construed
and enforced as if the Agreement did not contain the particular provision held to be
invalid.
b. If any provision of this Agreement is in direct conflict with any statutory
• provision of the State of Washington, that provision which may conflict shall be deemed
3 of 6
inoperative and null and void insofar as it may conflict, and shall be deemed modified to •
conform to such statutory provision.
10. Non - Waiver. The waiver by the District or the City 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.
11. Termination. Either party may terminate this Agreement, with or without cause,
by giving the other party thirty (30) calendar days written notice of termination.
12. Notices. Unless stated otherwise herein, all notices and demands shall be in
writing and sent to the parties to their addresses as follows:
TO CITY: Charlie Hines, Fire Chief
City of Yakima Fire Department
401 North Front Street
Yakima, WA 98901
TO DISTRICT: Dave Leitch, Fire Chief
Yakima County Fire Protection District 12
10000 Zier Road
Yakima, WA 98908
110
or to such other addresses as the parties may hereafter designate in writing. Notices
and /or demands shall be sent by registered or certified mail, postage prepaid or hand
delivered. Such notices shall be deemed effective when mailed or hand delivered at the
addresses specified above.
13. 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.
14. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
15. Venue. The venue for any action to enforce or interpret this Agreement shall lie
in the Superior Court of Washington for Yakima County, Washington.
16. Non - Exclusive Agreement. The parties to this Agreement shall not be precluded
from entering into similar agreements with other municipal corporations or public
agencies.
17. Compliance with Law. All 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. •
4of6
® 18. Neutral Authorship. Each of the provisions of this Agreement has been
reviewed and negotiated and represents the combined work product of all parties hereto.
No presumption or other rules of construction which 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 of the provisions of this
Agreement.
19. Filing. A copy of this Agreement shall be filed with the Yakima County Auditor
pursuant to RCW 39.34.040.
20. No Third Party Beneficiaries. This Agreement is entered into solely for the
benefit of the parties hereto. This Agreement shall confer no benefits, direct or indirect,
on any third persons, including employees of the parties. No person or entity other than
the parties themselves may rely upon or enforce any provision of this Agreement.
21. Status of Employees. No agent, employee, or other representative of either party
shall be deemed an agent, employee, or other representative of the other party for any
reason.
•
•
5of6
•
EXECUTED thisl VAtay of 2007, for YAKIMA COUNTY FIRE
PROTECTION DISTRICT NO. 12.
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12
B • i, 0
. , s'.ner .;: -= - -r. -. - -i..5
Chaff • • . , ima County Fire P i •tec ioC_ J
District o. 1 " ommission
• TES' ED:
y:■ X111 AP �1__ PO
C isty Boisselle •
Secretary, Yakima County Fire
Protection District No. 12 (West
Valley Fire)
EXECUTED this day of , 2007, for the CITY OF YAKIMA.
•
CITY OF YAKIMA
By:
City Manager
ATTESTED:
Yakima City Clerk
Resolution No.
City Contract No.
•
6 of 6