HomeMy WebLinkAbout4551 Resolution - Franklin County Fire District 3 Fire Training Center Use AgrResolution – FCFD#3 Fire Training Center Use Agreement - 1
RESOLUTION NO. 4551
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE FIRE
TRAINING CENTER USE AGREEMENT WITH THE FRANKLIN COUNTY
FIRE DISTRICT NO. 3 LOCATED AT 1011 EAST AINSWORTH, PASCO,
WASHINGTON.
WHEREAS, the City of Pasco (City) and Franklin County Fire District No. 3 (FCFD#3)
have determined that it would be in the public's best interest for both governmental agencies to
enter into a use agreement. This agreement allows the District use of the City’s Fire Training
Center. The Fire Training Center will provide a proper environment for developing and
maintaining the knowledge and skill required to successfully perform the basic and advanced skills
needed for firefighters and fire officers; and
WHEREAS, the City and FCFD#3 have determined that a usage agreement for the Fire
Training Center will reduce the operational and maintenance costs for both agencies; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into Fire
Training Center Use Agreement with FCFD#3.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of the Fire
Training Center Use Agreement between the Franklin County Fire District No. 3 and the City of
Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A.
Be It Further Resolved that the City Manager, or designee, of the City of Pasco,
Washington, is hereby authorized, empowered, and directed to sign and execute said Agreement
on behalf of the City of Pasco; and to make minor substantive changes as necessary to execute the
Agreement.
Be It Further Resolved that this Resolution shall take effect immediately.
Resolution – FCFD#3 Fire Training Center Use Agreement - 2
PASSED by the City Council of the City of Pasco, Washington, on this 6th day of January,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, MMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Fire Training Center Use Agreement - 1
PASCO FIRE DEPARTMENT
AND
FRANKLIN COUNTY FIRE PROTECTION DISTRICT NO. 3
FIRE TRAINING CENTER USE AGREEMENT
THIS AGREEMENT is entered into on the date set forth below by and between the City
of Pasco ("City") and Franklin County Fire Protection District No. 3 ("District"), for entering into
a use agreement for the use of the Fire Training Center.
WHEREAS, the City and District have determined that ever-changing technology in fire
suppression, emergency medical and fire prevention service require firefighters to be
knowledgeable and proficiently trained.
WHEREAS, the City and District have determined that it would be in the public's best
interest for both governmental agencies to enter into a use agreement. This agreement allows the
District use of the City of Pasco’s Fire Training Center. The Fire Training Center will provide a
proper environment for developing and maintaining the knowledge and skill required to
successfully perform the basic and advanced skills needed for firefighters and fire officers.
WHEREAS, the City and District have determined that a usage agreement for the Fire
Training Center will reduce the operational and maintenance costs for both agencies.
NOW, THEREFORE, in consideration of the mutual benefits and covenants contained in
this agreement, the parties hereto covenant and agree as follows:
1. Parties. The City of Pasco and Franklin County Fire Protection District No. 3 are
parties to this agreement in their respective capacities as fire departments and fire
protection districts. Each party is responsible for providing the citizens of the City and
District with numerous services, which include basic and advanced emergency medical
care and transportation, fire suppression, prevention and investigation, technical land and
water rescue services, and hazardous materials response within the parties’ respective
response jurisdictions.
2. Initial Terms. The term of this agreement shall be from the executed date of this
agreement and will expire on December 31, 2030, unless terminated in writing sooner as
provided herein. Note that either party can terminate this agreement upon 90-day written
notice. The parties may agree to extend this agreement by adding an appendix to this
agreement in the form of a letter that both parties sign and date.
3. Fire Training Center Use. It is hereby agreed that the City will permit the District
to use the Fire Training Center as a centralized training center for the purposes of providing
a proper environment that is fundamental for maintaining a level of knowledge and skill
required for basic and advanced firefighter skills.
Fire Training Center Use Agreement - 2
4. Scheduling. All scheduling for use of the Fire Training Center will be the sole
responsibility of the Fire Chiefs of the City. Where scheduling conflicts arise, the City’s
proposed training times for its personnel shall control. The City shall not unreasonably
deny the Fire District’s proposed training times. Use by the District shall only be restricted
to the needs of the City, including City training and maintenance, and to the extent as
required by local, state, and federal laws and regulations.
5. Management and Ownership. The City leases, manages, operates, and maintains
the Fire Training Center and the property the training center is situated on, such property
shall include land, buildings, appurtenance, and all other improvements related thereto
which are located on the site at 1101 E. Ainsworth Ave, Pasco Washington.
(a) Under the terms of the use agreement, the District has access to and use of
the following facilities:
(1) The training building prop.
(2) The metal building located adjacent to the training building prop.
(3) The classroom located adjacent to the Emergency Operations
Center.
(4) The bay area where the command simulator is located.
(5) The room next to the bay with the SCBA confidence course.
(6) A bailout escape training prop.
(7) The use of any new training props or facilities that are added to the
Fire Training Center during this agreement.
(b) Under the terms of the use agreement, the District will be responsible for
the following:
(1) Ensure the Fire Training Center is left in a clean and organized
manner after every use.
(2) Properly dispose of any scrap material and replace used items,
leaving the Fire Training Center in a ready state.
(3) The purchase and supply of any training materials used by the
District.
(4) Secure the Fire Training Center after every use.
Fire Training Center Use Agreement - 3
6. Budget - Revenues and Expenditures. The City will be reimbursed wholly
(100%) by the District for expenses incurred which are not causally linked to City action
and that are related to District use of the Fire Training Center under the terms of this
agreement.
(a) The City may accept in-kind donations in lieu of charges, as deemed
acceptable by the City or the Fire Chief. The City shall determine the fair market value of
any in-kind donations and deduct the same from required charges. The City of Pasco and
the Fire Chief shall determine the acceptance or denial of in-kind donations in lieu of
charges.
(b) All capital improvements to the Fire Training Cetner or grounds and the
costs associated with capital improvements are the responsibility of the City.
7. Losses and Damage. The District waives any and all claims, suits and causes of
action against the City of Pasco and the Pasco Fire Department for any property loss or
damage done to Agency’s property, whether real, personal, or mixed, occasioned by
Agency’s activities at the Fire Training Center. It shall be the Agency’s responsibility to
provide its own protection against casualty losses of whatsoever kind or nature, regardless
of whether or not such loss is occasioned by the acts or omissions of the City of Pasco and
Pasco Fire Department, the Agency, third party, or act of nature.
(a) Pasco Fire Department Property Damage: The District shall compensate the
City of Pasco and Fire Department, for any and all damages to the Fire Training Center
and the City property occasioned by the District or anyone at the Fire Training Center in
connection with the District’s use of the Fire Training Center, ordinary wear and tear
excepted.
(b) Indemnity and Hold Harmless: The District agrees that it will protect, save,
defend, hold harmless and indemnify the City of Pasco and the Pasco Fire Department, its
employees, officers, and agents from any and all demands, claims, judgments, or liability
for loss or damage arising as a result of accidents, injuries, or other occurrences, (except
for losses or injuries occurring as the result of the sole negligence of the City of Pasco or
Pasco Fire Department.), regardless of who the injury party may be. For purposes of this
agreement, the District expressly waives its immunity under Title 51 of the Revised Code
of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that
the obligations to indemnify, defend and hold harmless provided in this agreement extend
to any claim brought by or on behalf of any employee of the District. This waiver is
mutually negotiated by the parties to this Agreement.
8. Liens. Neither the City, nor the District, shall contract any debt or debts for labor,
materials, and services or otherwise take any action on the Fire Training Center, which
may allow a lien to be placed against the District or City, except to the extent there is a
medical emergency affecting District employees.
Fire Training Center Use Agreement - 4
9. Initial and Annual Payment. Upon mutual adoption of this agreement, the District
shall immediately contribute Seven Thousand dollars ($7,000) as the initial user’s fee. The
annual user’s fee shall be seven thousand two hundred ten dollars ($7,210), increasing by
3% per year and to be provided in a lump sum payment by April 30th of each year thereafter.
The annual user’s fee will be used to cover the cost of ongoing repairs and maintenance.
10. Termination. This agreement may be terminated as follows:
(a) By either party upon 90-days written notice or at the expiration of the initial
term of five (5) years; or
(b) By either party for cause upon thirty (30) days prior written notice may
terminate in the event of violation by the other party of any of the provisions of this
agreement. The violating party shall first be given thirty (30) days from such written notice
of termination to correct such violation, and if such correction is made within the thirty
(30) day period, this agreement shall not be terminated. Such opportunity and period of
correction shall not be available for second and succeeding violations of the same provision
of this agreement; or
(c) By mutual agreement of the parties.
Upon termination, the District will receive their prorated portion of their annual fee back
from the City.
11. Insurance. Both parties agree to provide and maintain general liability
insurance at all times during the course of this agreement. The purpose of this insurance
to ensure that each agency has proper General Liability insurance covering premises,
products-completed operations, and contractual liability. The City of Pasco will be
named as an additional insured on the user’s (Franklin County Fire District 3) General
Liability insurance policy using ISO form CG 20 11, or coverage at least as broad. The
General Liability insurance limits will be no less than $1,000,000 each occurrence and
$2,000,000 general aggregate. Nothing in this section shall be construed as limiting the
parties’ responsibilities under Paragraph 14.
12. Indemnification. The District shall defend, indemnify, and hold harmless the City,
its officers, officials, employees, and volunteers harmless from any and all claims, injuries,
damages, losses, or suits including attorney fees, arising out of, or resulting from the acts,
errors, or omissions of the District in performance of this Agreement, except for injuries
and damages caused by the sole negligence of the City.
(a) However, should a court of competent jurisdiction determine that this
Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising
out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the District, and the City, its officers, officials, employees, and
volunteers, the District’s liability, including the duty and cost to defend, hereunder shall be
only to the extent of the District’s negligence. It is further specifically and expressly
Fire Training Center Use Agreement - 5
understood that the indemnification provided herein constitutes the District’s waiver of
immunity under Industrial Insurance, Title 51 RCW, solely for purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions
of this section shall survive the expiration or termination of this Agreement.
(b) No liability shall attach to the City by reason of entering into this Agreement
except as expressly provided herein.
(c) This indemnification shall include damages, penalties and attorney fees
caused by District’s delayed or failed performance.
13. Notices. All notices, offers or other communications required or permitted to be
given pursuant to this agreement shall be in writing and shall be considered as properly
given or made if personally delivered or mailed from within the United States by first class
United States mail, postage prepaid, to the address set forth as to such party to this
agreement. Either party may change its address by giving notice in writing stating its new
address to the other party. Commencing on the 10th day after the giving of notice, the newly
designated address shall be the party’s address for purpose of all notices or other
communications required or permitted to be given pursuant to this agreement.
City of Pasco
525 North 3rd Avenue
Pasco, WA 99301
(crowleyk@pasco-wa.gov)
Franklin County Fire District 3
7809 North Road 36
Pasco, WA 99301
(fcfd3@fcfd3.org)
14. Successors. This agreement and all the terms and provisions of it shall be binding
and shall inure to the benefit of the parties and their legal representatives, heirs, and
successors, except as otherwise expressly provided for in this agreement.
15. Construction. This agreement shall be construed in conformity with the laws of
the State of Washington. This Agreement sets forth the entire understanding and
agreement of the parties relating to the subject matter hereof. This Agreement shall be
construed as a whole. The captions and headings herein are for convenience only and shall
not be relied upon or used to interpret/construe this Agreement or any portion thereof. Each
party signing this Agreement acknowledges that they participated in the drafting of this
Agreement and, as such, this Agreement shall not be presumptively interpreted/construed
in favor of nor against any particular party, but rather this Agreement shall be given an
objectively fair and reasonable interpretation and construction in light of and in accordance
with its express terms and provisions.
Fire Training Center Use Agreement - 6
16. Consent. Whenever the consent of either party is required, that party agrees
to exercise good faith in granting or withholding of the consent in a manner believed
by the parties to be in the best interest of this agreement.
17. Dispute Resolution. If a dispute arises out of or relating to this agreement
or the breach of this agreement and if the dispute cannot be settled through direct
discussions between the Fire Chiefs of the City and District, the parties agree to
first endeavor to settle the dispute in an amicable manner through discussions
between the City Manager of the City of Pasco and the Chairman of the Board of
Franklin County Fire District No. 3. If a resolution is still not agreed upon, the
remaining dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended,
with all parties waiving the right of a jury trial upon de novo review, with the substantially
prevailing party being awarded its reasonable attorney fees and costs against each other.
The parties stipulate that Franklin County Superior Court is the appropriate venue, should
judicial relief be required. Any disputes shall be governed by the laws of the State of
Washington.
18. Severability. If any provision of this agreement shall be held invalid, such
invalidity shall not affect the remaining provisions of this agreement which can be
given effect without the invalid provision, and to this end the provisions of this
agreement are declared to be severable.
19. Modifications and Amendments. This agreement may be waived,
changed, modified, or amended only by written agreement executed by the City
Manager and the District.
20. Entire Agreement. This agreement sets forth in full the entire agreement
of the parties, and any other verbal or written agreements, representations or
understandings are hereby deemed to be null and void and of nor force and effect
whatsoever.
Fire Training Center Use Agreement - 7
IN WITNESS, the parties have executed this Agreement as of the day and year first
written above.
CITY OF PASCO FRANKLIN COUNTY FIRE
DISTRICT NO. 3
___________________________________ ____________________________________
Adam Lincoln, Glen Clifford, Commission Chair
City Manager
Approved as to Form: Approved as to Form:
_______________________________ ___________________________________
Eric Ferguson, Attorney for City of Pasco Heidi Ellerd, Attorney for Franklin County
Fire Protection District No. 3