HomeMy WebLinkAboutTri-County Hazardous Materials Response Group - Services ContractCONTRACT FOR SERVICES
BETWEEN
THE CITY OF YAKIMA
AND
TRI- COUNTY HAZARDOUS MATERIALS RESPONSE GROUP
THIS CONTRACT FOR SERVICES is entered into this 1St day of August, 2012, between the City of
Yakima, hereafter "City" a municipal corporation of the State of Washington and Tri- County
Hazardous Materials Response Group, hereafter "Haz Mat" a, not for profit corporation of the
state of Washington established pursuant to an Interlocal Agreement between various .
municipal agencies with hazardous materials response authority.
WHEREAS, the City of Yakima and Haz Mat, pursuant to chapter 39.34 RCW ,RCW 52.12.031(3)
and RCW 35A.11.040 possess authority to execute a contract for the purpose of providing
services for their mutual benefit and the benefit of the citizens of their respective communities;
and
WHEREAS, Haz Mat desires to use the services of City to provide Team Equipment Coordinator
Services to Haz Mat;
IN CONSIDERATION of the terms and conditions contained herein, the City and Haz Mat
covenant and agree as follows:
I. TASK DESCRIPTION /STATEMENT OF WORK
Haz Mat requires the services of, City to provide Equipment services as identified in the
attached Tri- County Hazardous Materials Response Group Equipment Coordinator
Expectations, Exhibit "A ", and is made part of this Agreement.
II. ADMINISTRATION
No new or separate legal or administrative entity is created to administer the provisions of this
Agreement.
III. TIME FOR BEGINNING AND COMPLETION
This Agreement shall become effective the first day of September 2012, and continue in force
until terminated as provided in Section 5. This Agreement may be renewed annually with
mutual consent of both parties.
IV. FEES
The City will invoice Haz Mat for services provided on the last Friday of the month. Billing rates
will be calculated using the City employee's current overtime rate of pay including benefits
(Refer to Exhibit "B "). The total amount reimbursed to the City for services shall not exceed
CONTRACT FOR SERVICES — Page 1
seven thousand dollars ($7,000) annually to complete the work specified in Section I Task
Description /Statement of Work.
V. TERMINATION
This agreement may be terminated by either party, without cause, at any time after providing
thirty (30) days written notice.
VI. DISPUTE RESOLUTION
The City and Haz Mat agree to negotiate, in good faith, for a period of thirty (30) days from the
date of notice of all disputes between them prior to exercising their rights under this Agreement,
or under law.
VII. VENUE, APPLICABLE LAW, AND PERSONAL JURISDICTION
In the event that either party deems it necessary to institute legal action or proceedings to
enforce any right or obligation under this Agreement, the parties hereto agree that any such
action shall be initiated in the Superior Court of the State of Washington, situated in Benton
County. The parties hereto agree that all questions shall be resolved by application of
Washington law and that the parties to such action shall have the right of appeal from such
decision of the Superior Court in accordance with the laws of the State of Washington. Haz Mat
and the City hereby consent to the personal jurisdiction of the Superior Court of the State of
Washington, situated in Benton County.
VIII. ATTORNEY'S FEES
Attorney's fees, which are reasonable and costs, including those on appeal, if appeal is taken, shall
be allowed to the prevailing party by any court hearing a dispute under this Agreement.
IX. HOLD HARMLESS
City shall defend, indemnify and hold Haz Mat, 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 Employee in performance of
this Agreement, except for injuries and damages caused by the sole negligence of Haz Mat. It is
further specifically and expressly understood that the indemnification provided herein
constitutes the City's limited waiver of immunity under industrial insurance, Title 51 RCW,
solely to carry out the purposes of this indemnification clause. The parties further acknowledge
that they have mutually negotiated this waiver.
X. INDEPENDENT CONTRACTOR
It is agreed that this Agreement between the City and Haz Mat is for services to be provided to
Haz Mat by the City. City employee's providing services under this Agreement shall not be
considered as an employee of Haz Mat for any purposes.
CONTRACT FOR SERVICES — Page 2
Further, the City shall be solely responsible for reporting and paying over all federal, state and
local taxes, workers' compensation, pension payments, and other benefits as a result of its
employees' performance of services for work pursuant to this Agreement. The City covenants
to hold Haz Mat harmless from any and all liabilities arising from its failure to satisfy such
federal and state tax obligations, workers compensation costs, pension payments, and other
employee benefits.
XI. COMPLETE AGREEMENT
This Agreement contains all the terms and conditions agreed upon. No other understanding,
oral or otherwise, regarding this Agreement shall be deemed to exist or bind either the City of
Yakima or Haz Mat. There shall be no modification of this Agreement except in writing executed
with the same formalities as this present Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
first above written.
CITY OF YAKIMA, WASHINGTON
ATTEST:
,O
City Clerk co��l z
CITY CONTRAC r No:
RESOLUTION NO:
CONTRACT FOR SERVICES — Page 3
HAZARDOUS MATERIALS RESPONSE TEAM
Zed,
Board Chair
Exhibit "A"
TRI- COUNTY HAZARDOUS MATERIALS RESPONSE TEAM
EQUIPMENT COORDINATOR EXPECTATIONS
These expectations are agreed to between the Tri- County Hazardous Materials Response Group
Board Directors, hereinafter referred to as the "Board ", and Yakima Fire Department.
The Equipment Coordinator(s) will:
A. Develop annual equipment needs to be established at the Team budgetary meeting in
July of each calendar year for the following year.
B. Develop and maintain an equipment program for the Team.
a. Determine equipment needs for the team
1. Monitoring equipment
2. Chemical protective clothing
3. SCBA units
4. Resource materials
b. Maintain equipment as needed
C. Develop an equipment maintenance schedule & program
1. Monitoring equipment
2. Chemical protective clothing
3. SCBA units
4. Resource materials
d. Assist the Team Coordinator with budgetary issues concerning equipment
e. Assist the Training Coordinator with equipment training as needed for the Team.
C. Develop and maintain an equipment inventory, maintenance and replacement tracking
system. The system shall be capable of tracking by:
a. Equipment inventory
b. Maintenance required for equipment
C. Type of equipment
d. Replacement schedule
D. Shall develop, provide, and maintain:
a. Plan, evaluate, organize, and coordinate Team Equipment needs.
1. Based on Team needs
2. Based on budgetary requests
3. Based on equipment replacement schedules
E. Maintain contacts, and attend meetings with the Team Board of Directors as needed for
overall team operation. Keep the Team Coordinator and Board of Directors advised of
status of equipment needs.
CONTRACT FOR SERVICES — Page 4
Exhibit "B"
TRI- COUNTY HAZARDOUS MATERIALS RESPONSE TEAM
EQUIPMENT COORDINATOR COMPENSATION
The Tri- County Hazardous Materials Response Team Equipment Coordinator(s) shall provide a
monthly "time spent on detail" report to the Chief of the Yakima Fire Department.
The Yakima Fire Department will invoice the Tri- County Hazardous Materials Response Team
for the total amount of time approved by the Fire Chief.
CONTRACT FOR SERVICES — Page 5