HomeMy WebLinkAboutR-2003-001 Emergency Services Education & Consulting Group AgreementRESOLUTION NO. R-2003- 01
A RESOLUTION authorizing and directing the City Manager of the City of Yakima
to execute a Professional Services Agreement with Emergency
Services Education & Consulting Group to evaluate the ability of
the Department to serve anticipated growth and development of
the community over the next 10-20 years and to assist with the
development of a Fire Station Deployment Plan for the City of
Yakima.
WHEREAS, the City of Yakima Fire Department needs professional services to
evaluate the ability of the Department to serve anticipated growth and development of
the community over the next 10-20 years and to assist with the development of a Fire
Station Deployment Plan for the City of Yakima; and
WHEREAS, Emergency Services Education & Consulting Group ("ESECG") has
the experience and expertise to provide these services and is willing to do so in
accordance with the terms and conditions of the attached professional services
agreement;
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to enter into the attached professional services agreement with ESECG for said
services; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to
execute the attached and incorporated "Professional Services Agreement" with
Emergency Services Education & Consulting Group to evaluate. the ability of the Fire
Department to serve anticipated growth and development of the community over the
next 10-20 years and to assist with to the development of a Fire Station Deployment
Plan for the City of Yakima.
ADOPTED BY THE CITY COUNCIL this 7th day of January, 2003.
ATTEST:
City Clerk
(1k)res/fire dept/esecg/prof services/pm
y Place, Mayor
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is
made and entered into by and between the City of Yakima, a Washington municipal
corporation (hereinafter the "City"), and Emergency Services Education & Consulting
Group (hereinafter the "ESECG").
WHEREAS, the Yakima Fire Department requires professional services related
to the preparation of a Station Location Deployment Plan for the City of Yakima.
WHEREAS, the ESECG represents that it has the expertise necessary and is
willing to perform the professional services required by the City in accordance with the
terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and ESECG as follows:
1. Scope of Services. ESECG shall provide the City with professional
services associated with the preparation and development of the Station Location
Deployment Plan for the City of Yakima, including but not limited to evaluation of the
ability of the Yakima Fire Department to serve anticipated growth and development
needs of the community over the next 10-20 years; identification of the type, location
and future considerations regarding fire fighting facilities and equipment; and
identification and development of delivery options and associated costs, benefits and
drawbacks of each option. These services are more fully described in the attached and
incorporated Exhibit "A".
2. Time Period for Performance of Services. The term of this Agreement
shall commence upon execution hereof and shall terminate at the time of completion of
all services/tasks required hereunder, unless the Agreement is earlier terminated by
either party under Section 17 of this Agreement. ESECG shall complete the required
services in accordance with the timeline set forth in Exhibit A. ESECG shall proceed
with such services in a timely and diligent manner, but shall not be responsible for
delays beyond the ESECG's control or which the parties could not have reasonably
foreseen at the time this Agreement was executed.
3. Compensation and Payment.
a. Fee for Services. In consideration of the satisfactory completion of
services and documents described in Section 1 and Exhibit A, the City agrees to
compensate ESECG a total of Seventeen Thousand Dollars ($17,000.00), plus expenses
not to exceed One Thousand Dollars ($1,000.00). This amount (excluding the expense
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portion) does not include Washington State Sales Tax. Expenses shall include travel,
lodging and meals.
b. Payment of Compensation. The City shall pay ESECG said fee in three
relatively equal installments as follows:
• Five Thousand Six Hundred Sixty Six Dollars and Sixty Six Cents
(S5,666.66) within twenty-one (21) days of execution of the
Agreement.
• Five Thousand Six Hundred Sixty Six Dollars and Sixty Six Cents
($5,666.66) within ten (10) days of receipt of the draft evaluation
report.
• Five Thousand Six Hundred Sixty Six Dollars and Sixty Eight Cents
($5,666.68) within ten (10) days of receipt of invoice after delivery of
all final documents.
All payments are expressly conditioned upon the ESECG providing services and
documents which are satisfactory to the City.
c. Payment in the Event of Termination. In the event that the City
terminates this Agreement under Section 17, ESECG shall be compensated in
accordance with the above terms for all satisfactory services and documents provided
to the City under this Agreement up to the effective termination date.
d. Maintenance of Financial Records/Documents. When requested to do so
by City representatives, ESECG shall make the cost records, accounts and related
financial documents pertaining to this Agreement available for inspection by City
representatives during the term of this Agreement and for a period of three (3) years
following the final payment to ESECG by the City. In the event that any audit or
inspection identifies any discrepancy in such financial records, ESECG shall provide the
City with appropriate clarification and/or financial adjustments within thirty (30)
calendar days of notification of the discrepancy.
4. Status of ESECG. ESECG and the City understand and expressly agree
that ESECG is an independent contractor in the performance of each and every part of
this Agreement. ESECG shall have the sole judgment of the means, mode or manner of
the actual performance of work/services required under this Agreement. ESECG, as an
independent contractor, assumes the entire responsibility for carrying out and
accomplishing the work/services required under this Agreement. Additionally, and as
an independent contractor, ESECG and its employees shall make no claim of City
employment nor shall claim against the City any related employment benefits, social
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security, and/or retirement benefits. Nothing contained herein shall be interpreted as
creating a relationship of servant, employee, partnership or agency between ESECG
and the City.
5. Taxes and Assessments. ESECG shall be solely responsible for
compensating its employees and for paying all related taxes, deductions, and
assessments, including but not limited to, federal income tax, FICA, social security tax,
assessments for unemployment and industrial injury, and other deductions from
income which may be required by law or assessed against either party as a result of this
Agreement. In the event the City is assessed a tax or assessment as a result of this
Agreement, ESECG shall pay the same before it becomes due.
6. Nondiscrimination Provision. During the performance of this
Agreement, ESECG shall not discriminate on the basis of race, age, color, sex, religion,
national origin, creed, marital status, political affiliation, or the presence of any sensory,
mental or physical handicap. This provision shall include but not be limited to the
following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff
or termination, rates of pay or other forms of compensation, selection for training, and
the provision of services under this Agreement.
7. Compliance With Law. ESECG agrees to perform all work/services
under and pursuant to this Agreement in full compliance with any and all applicable
laws, rules, and regulations adopted or promulgated by any governmental agency or
regulatory body, whether federal, state, local, or otherwise.
8. No Insurance. It is understood the City does not maintain liability
insurance for ESECG or its employees and subcontractors.
9. Indemnification and Hold Harmless.
a. ESECG agrees to protect, defend, indemnify, and hold harmless the City,
its elected officials, officers, employees and agents from any and all claims, demands,
losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all
judgments, awards, costs and expenses (including reasonable attorneys' fees and
disbursements) resulting from death or bodily injury to any person or damage or
destruction to third -party to the extent caused by any negligent act and/or omission of
the ESECG, its officers, employees, agents, and/or subcontractors, arising out of the
performance of this Agreement.
b. In the event that both ESECG and the City are negligent, the ESECG's
liability for indemnification of the City shall be limited to the contributory negligence
for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses
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(including reasonable attorney's fees) that can be apportioned to the ESECG, its officers,
employees, agents, and/or subcontractors.
c. Nothing contained in this Section or this Agreement shall be construed to
create a liability or a right of indemnification in any third party.
10. Insurance provided by ESECG.
a. Commercial Liability Insurance. On or before the date this Agreement is
fully executed by the parties, the ESECG shall provide the City with a certificate of
insurance as proof of commercial liability insurance with a minimum liability limit of
One Million Dollars ($1,000,000.00) combined single limit bodily injury and property
damage. The certificate shall clearly state who the provider is, the amount of coverage,
the policy number, and when the policy and provisions provided are in effect (any
statement in the certificate to the effect of "this certificate is issued as a matter of
information only and confers no right upon the certificate holder" shall be deleted).
Said policy shall be in effect for the duration of this Agreement. The policy shall name
the City, its elected officials, officers, agents, and employees as an additional insured,
and shall contain a clause that the insurer will not cancel or change the insurance
without first giving the City thirty (30) calendar days prior written notice (any language
in the clause to the effect of "but failure to mail such notice shall impose no obligation or
liability of any kind upon the company" shall be crossed out and initialed by the
insurance agent). The insurance shall be with an insurance company rated A -VII or
higher in Best's Guide and admitted in the State of Washington.
b. Commercial Automobile Liability Insurance. On or before the date this
Agreement is fully executed by the parties, the ESECG shall provide the City with a
certificate of insurance as proof of commercial automobile liability insurance with a
minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit
bodily injury and property damage. The certificate shall clearly state who the provider
is, the amount of coverage, the policy number, and when the policy and provisions
provided are in effect (any statement in the certificate to the effect of "this certificate is
issued as a matter of information only and confers no right upon the certificate holder"
shall be deleted). Said policy shall be in effect for the duration of this Agreement. The
policy shall name the City, its elected officials, officers, agents, and employees as an
additional insured, and shall contain a clause that the insurer will not cancel or change
the insurance without first giving the City thirty (30) calendar days prior written notice
(any language in the clause to the effect of "but failure to mail such notice shall impose
no obligation or liability of any kind upon the company" shall be crossed out and
initialed by the insurance agent). The insurance shall be with an insurance company
rated A -VII or higher in Best's Guide and admitted in the State of Washington.
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c. Insurance provided by Subcontractors. The ESECG shall ensure that all
subcontractors it utilizes for work/services required under this Agreement shall
comply with all of the above insurance requirements.
11. Delegation of Professional Services. The services provided for herein
shall be performed by ESECG, and no person other than regular associates or
employees of ESECG shall be engaged upon such work or services except upon written
approval of the City.
12. Assignment. This Agreement, or any interest herein, or claim hereunder,
shall not be assigned or transferred in whole or in part by ESECG to any other person or
entity without the prior written consent of the City. In the event that such prior written
consent to an assignment is granted, then the assignee shall assume all duties,
obligations, and liabilities of ESECG stated herein.
13. No Conflict of Interest. ESECG represents that it or its employees do not
have any interest and shall not hereafter acquire any interest, direct or indirect, which
would conflict in any manner or degree with the performance of this Agreement.
ESECG further covenants that it will not hire anyone or any entity having such a
conflict of interest during the performance of this Agreement.
14. Severability. If any portion of this Agreement is changed per mutual
agreement or any portion is held invalid, the remainder of the Agreement shall remain
in full force and effect.
15. Integration. This written document constitutes the entire agreement
between the City and ESECG. There are no other oral or written Agreements between
the parties as to the subjects covered herein. No changes or additions to this
Agreement shall be valid or binding upon either party unless such change or addition
be in writing and executed by both parties.
16. Drafting of Agreement. Both the ESECG and the City have participated
in the drafting of this Agreement. As such, it is agreed by the parties that the general
contract rule of law that ambiguities in the contract language shall be construed against
the drafter of a contract shall have no application to any legal proceeding, arbitration
and/or action in which this Agreement and its terms and conditions are being
interpreted and/or enforced.
17. Termination. The City or ESECG may terminate this Agreement, with or
without cause, by giving the other party thirty (30) calendar days written notice of
termination.
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18. Notices. Unless stated otherwise herein, all notices and demands shall be
in writing and sent or hand delivered to the parties to their addresses as follows:
TO CITY:
TO ESECG:
Dennis Mayo, Fire Chief
Yakima Fire Department
Fire Station No. 1
401 North Front Street
Yakima, WA 98901
Bruce W. Caldwell
Director of Consulting Services, ESECG
25200 SW Parkway Avenue, Suite 3
Wilsonville, OR 97070-9616
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.
19. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
20. Venue. The venue for any action to enforce or interpret this Agreement
shall lie in the Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA EMERGENCY SERVICES EDUCATION
By:
R. A. Zais, Jr.,
City Manager
DATE:
A lnlEST:
Bruce W. Caldwell
Director of Consulting Services
_/ .2O 3 DATE: December 1 1 , 2002
k1
City Clerk
City Contract No. 2093-01
Resolution No. R-2001-0.1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of: 01-07-03
ITEM TITLE: Personal Services Contract with Emergency Services Education &Consulting
Group (ESECG)
SUBMITTED BY: Yakima Fire Department, Dennis K. Mayo: Fire Chief 0/0/6
CONTACT PERSON/TELEPHONE: Dennis K. Mayo, Fire Chief — 575-6060
SUMMARY EXPLANATION:
This Personal Services Contract will allow ESECG to develop a Station Location Deployment
Plan for our city. A Deployment plan is an analysis of the potential need for additional facilities,
relocation of existing stations or both. West Valley Fire District is also contracting at this time
with ESECG for the same deployment study creating a joint fire agency analysis.
Scope of Work:
Develop an evaluation of the agencies ability to serve the growth and development anticipated
over the next 10-20 years.
Identify the type, location and future considerations of physical facilities and equipment.
Develop delivery options and identify costs, benefits and drawbacks of each option.
COST: $17,000 plus expenses not to exceed $1,000. This is budgeted in Fire Capital — Station
Relocation.
Resolution X Ordinance Contract Other (Specify)
Funding Source: Capital Outlay Fund - $17,000 plus expenses not to exceed $1,000
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve as submitted
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
11-18-02; 2:22PM;Finance Department ;5095733334
CAPITAL OUTLAY REQUESTS
Item
Cost
Funding
Source
Justification
Drain Pit Erosion Control
$7,000
Fire Capital
Funds
Erosion is beginning to undermine and
damage the asphalt lot at the Training
Center, and requires replacement.
Replacement of Forced Air
Gas Fired Furnaces
Serving Fire Station ##1
$6,000
Fire Capital
Funds
Replace outdated and unreliable furnace
with an improved, efficient furnace. $6,000
is necessary to complete funding of the 2001
project.
Architect Fee for Training
Center and Station #5
Remodel
$5,000
Fire Capital
Funds
Design to add classrooms, office space and
separate sleeping quarters for personnel.
Exhaust Collection System
for Airport Crash Rescue
Apparatus
$55,000
Fire Capital
Funds
Safety mandate to protect crews from toxic
apparatus exhaust into Station.
Furniture
$5,000
Fire Capital
Funds
To replace existing outdated furnishings in
Station #4.
Station Relocation
$30,000
Fire Capital
Funds
Analysis of Service Demand; Setting of
Response Time Goals; and Concentration
and Distribution of Fire Station Resources.
Staff to Command Vehicles
$$4,000
Fire Capital
Funds
Replacement of aging and high mileage
vehicles.
Manlift and Trailer
$6,000
Fire Capital
Funds
Safe lifting apparatus to move heavy
equipment and supplies among seven
multi -story facilities.
Lawn Mower
$4,200
Fire Capital
Funds
Training facility replacement apparatus for
landscaping and snow removal for three
acre facility.
Total
5202,200
Budg Nam Fire
332 Fire Capital.doc -- 2 -- 11/2/01
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