HomeMy WebLinkAboutR-2016-111 Exhaust Extraction/Removal System Agreement with the City of Union GapRESOLUTION NO. R-2016-111
A RESOLUTION authorizing the City Manager's execution of an interlocal agreement
between the City of Yakima and the City of Union Gap for the acquisition,
installation and maintenance of an exhaust extraction/removal system
within the Union Gap fire station facility.
WHEREAS, Yakima and Union Gap have previously entered into a "Fire Protection
Services Interlocal Agreement", adopted by Resolution Number R-2014-140, effective January
1, 2015, all pursuant to authority granted to municipal corporations by Chapter 39 34 RCW,
whereby Yakima agrees to provide fire protection services for Union Gap, and Union Gap has
leased to Yakima the Union Gap fire station facility located at 107 W. Ahtanum Road, Union
Gap, for the provision of such services, and
WHEREAS, Section 10 of the Lease executed in conjunction with the Fire Protection
Services Interlocal Agreement referenced above allows Yakima to construct improvements to
the Union Gap fire station facility with the prior approval of Union Gap, and
WHEREAS, Yakima has identified an exhaust extraction/removal system manufactured
by the Nederman Corporation that serves the needs of the fire station facility. The Nederman
system is compatible with the Nederman exhaust extraction/removal systems currently installed
in Yakima fire station facilities thereby promoting consistency in operation and ease of
maintenance and any necessary repairs and modifications, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA.
The City Manager is hereby authorized to enter into an interlocal agreement with the
City of Union Gap for the acquisition, installation and maintenance of an exhaust
extraction/removal system within the Union Gap fire station facility.
ADOPTED BY THE CITY COUNCIL this 20th day of September, 2016.
INTERLOCAL AGREEMENT — FIRE PROTECTION SERVICES
(ACQUISITION OF EXHAUST EXTRACTION AND REMOVAL SYSTEM)
By and Between City of Yakima and City of Union Gap
THIS INTERLOCAL AGREEMENT is entered into by and between the City of Yakima
and the City of Union Gap for the uses and purposes set forth below.
I. RECITALS
A. The City of Yakima (hereafter "Yakima") is a municipal corporation of the State of
Washington with City Hall located at 129 North 2nd Street, Yakima, Washington
98901.
B. The City of Union Gap (hereafter "Union Gap") is a municipal corporation of the
State of Washington with City Hall located at 107 W. Ahtanum Road, P.O. Box
3008, Yakima, Washington 98903-0008.
C. Yakima and Union Gap have previously entered into a "Fire Protection Services
Interlocal Agreement" effective January 1, 2015, all pursuant to authority granted
to municipal corporations by Chapter 39.34 RCW, whereby Yakima agrees to
provide fire protection services for Union Gap, and Union Gap has leased to
Yakima the Union Gap fire station facility located at 1071- W. Ahtanum Road,
Union Gap, for the provision of such services.
D. Section 10 of the Lease executed in conjunction with the Fire Protection Services
Interlocal Agreement referenced above allows Yakima to construct improvements
to the Union Gap fire station facility with the prior approval of Union Gap.
E. Yakima and Union Gap agree that an appropriate exhaust extraction/removal
system must be installed in the Union Gap fire station facility to promote safe fire
prevention activities and services pursuant to the Fire Protection Services
Interlocal Agreement. To this end, the parties desire to enter into this Interlocal
Agreement, all pursuant to Chapter 39.34 RCW, governing the acquisition,
installation and maintenance of an exhaust extraction/removal system within the
Union Gap fire station facility in order to promote the provision of fire safety
services authorized pursuant to the underlying Fire Protection Services Interlocal
Agreement previously entered into by and between the parties.
F. Yakima has identified an exhaust extraction/removal system manufactured by the
Nederman corporation that serves the needs of the fire station facility. The
Nederman system is compatible with the Nederman exhaust extraction/removal
systems currently installed in Yakima fire station facilities thereby promoting
consistency in operation and ease of maintenance and any necessary repairs
and modifications.
II. AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises
and benefits herein, the parties agree as follows:
Section 1. Authority. The parties affirm and agree that, pursuant to RCW
39.34.030, each party has authority to provide fire protection and emergency medical
services within their respective jurisdictions, and may enter into an interlocal agreement
for the provision of such services.
Section 2. Authorization for Exhaust Extraction/Removal System. The
parties acknowledge and agree that the acquisition of an exhaust extraction and
removal system and installation within the Union Gap fire station facility is a necessary
and appropriate expenditure and acquisition in order to promote safe operations within
the facility and provision of fire protection and emergency medical services pursuant to
the parties' Fire Protection Services Interlocal Agreement. By signature below, Union
Gap authorizes the acquisition and installation of such system pursuant to Section 10 of
the Lease executed in conjunction with the parties' Fire Protection Services Interlocal
Agreement.
Section 3. Acquisition of Exhaust Extraction/Removal System. Yakima
shall, at its expense, acquire an appropriate exhaust extraction/removal system.
Yakima shall accomplish such acquisition in accordance with its purchasing policies and
procedures, and shall remain solely responsible for such purchase and acquisition.
Prior to purchase and acquisition, Union Gap will have the authority to approve such
equipment and the placement of such equipment and system within the Union Gap fire
station facility.
Section 4. Installation of Exhaust Extraction/Removal System. Yakima
shall be responsible for installation of the exhaust extr'5ction/removal system within the
Union Gap fire station facility, and shall cooperate with Ugion Gap regarding location of
such installation.
Section 5. Reimbursement of Acquisition and Installation Costs. Union
Gap shall reimburse Yakima for the cost of acquisition and installation of the exhaust
extraction/removal system. The total amount of reimbursement shall be (a) the cost to
Yakima for the purchase of the equipment, including applicable sales taxes, plus (b) the
cost of installation, including costs of taxes, permits and costs for any installation
performed by installation specialists.
The parties estimate that the total cost of acquisition and installation of an appropriate
Nederman system is approximately $60,000.00. Union Gap agrees to reimburse
Yakima for such costs of acquisition and installation up to $60,000.00. If the parties
determine prior to acquisition of the equipment that costs of acquisition and installation
will exceed $60,000.00, the parties may (a) modify the type of equipment to be
acquired, (b) enter into a written modification of this agreement to apportion the extra
costs as agreed, (c) terminate this agreement by serving written notice of termination on
the other party, or (d) make any other mutually agreed modification to this agreement to
accomplish the acquisition and installation of an agreed exhaust extraction/removal
system.
In the event total costs of acquisition and installation, after installation, exceed
$60,000.00, the parties will confer regarding apportionment of such excess cost, and
may amend this agreement as deemed appropriate to accomplish such resolution.
Such amendment shall be appended to this agreement.
Reimbursement to Yakima for the total cost of acquisition and installation shall be made
by Union Gap in lump sum, payable within thirty (30) days of completion of installation.
Yakima shall provide notice of completion of installation to Union Gap. Title to such
equipment shall remain vested in Yakima until full and final reimbursement payment has
been received. Upon Yakima's receipt of full and final reimbursement payment, title to
such equipment shall be deemed transferred to Union Gap free and clear of any interest
of Yakima.
Section 6. Maintenance and Repair — Warranties. Following installation,
maintenance and repair shall be governed by the terms of the Lease previously
executed by the parties in conjunction with the Fire Protection Services Interlocal
Agreement. Any warranties acquired by Yakima upon acquisition of the equipment
shall remain vested in Yakima until title and ownership of the equipment is transferred to
Union Gap.
Section 7. Insurance — Risk of Loss. Insurance and risk of loss shall
be governed by the parties' Fire Protection Services Interlocal Agreement and Lease.
Section 8. Administration. This agreement shall be jointly administered
by the Union Gap Police Chief or his designee, and the Fire Chief of the Yakima Fire
Department or his designee.
Section 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's records and reports documenting services rendered and
billings based thereon shall be made available to Union Gap for inspection and copying,
as appropriate, during regular business hours of City of Yakima, upon request of Union
Gap.
Section 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.
Section 12. Entire Agreement and Modifications. This agreement, together
with the parties' previously approved Fire Protection Services Interlocal Agreement and
Lease, sets forth the entire agreement of the parties with respect to the subject matter
herein. In the event of any conflict between the provisions of this agreement and the
previously executed Fire Protection Services Interlocal Agreement and Lease, the terms
of this agreement shall apply. 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.
Section 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. The term of this agreement shall commence upon the
effective date and continue in effect until reimbursement is fully paid pursuant to Section
5 above. Thereafter, the equipment acquired and installed pursuant to this agreement
shall be subject to the term and provisions of the parties' Fire Protection Services
Interlocal Agreement and Lease.
Section 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.
Section 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.
Section 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.
Section 17. Assignment. The obligations in this agreement are not
subject to assignment.
Section 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 deemed executed upon the date signed by the last
party to sign below:
CITY OF YAKIMA
By:
Cliff Moore, City Manager
CITY OF UNION GAP
By:
Arlene Fisher, City Manager
Date Signed: �. ,� , 2016 Date Signed: /,Z. , 2016
CITY CONTRACT NO: 2O/' 78
RESOLUTION NO: .20 /
ATTEST:
ATTEST:
By.
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 6.E.
For Meeting of: September 20, 2016
Resolution authorizing an interlocal agreement with the City of Union
Gap for the acquisition, installation and maintenance of an
exhaust/removal system
Bob Stewart, Fire Chief
SUMMARY EXPLANATION:
On September 12, 2016, the Union Gap City Council reviewed and approved this interlocal
agreement.
ITEM BUDGETED:
No
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR
SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Adopt resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description
Resolution for Interlocal Agreement with Union Gap for
Nederman System
Interlocal Agreement with Union Gap for the Nederman
System
Upload Date
8/29/2016
8/292016
Type
Resolution
Contract