HomeMy WebLinkAboutR-2005-120 Yakima County Fire Protection District No. 9 Interlocal AgreementRESOLUTION NO. R-2005-120
A RESOLUTION authorizing and directing the City Manager of the City of Yakima
to execute an interlocal agreement with Yakima County Fire
Protection District No. 9 regarding the use of City of Yakima Fire
Department technicians, facilities and equipment to provide flow -
testing services of the District's self-contained breathing apparatus.
WHEREAS, Yakima County Fire Protection District No. 9 ("Naches Heights Fire
Department") is required to flow -test their self-contained breathing apparatus annually;
and
WHEREAS, the Naches Heights Fire Department possesses and utilizes the same
make, model style and type of self-contained breathing apparatus that is used by the
City of Yakima Fire Department; and
WHEREAS, the City of Yakima Fire Department has the equipment and the
trained service technicians to test and maintain the self-contained breathing apparatus;
and
WHEREAS, the Naches Heights Fire Department has requested that the City
provide annual flow -testing services under the terms and conditions of the attached
agreement; and
WHEREAS, the City, through its Fire Department, is willing to provide these
flow testing services under the terms and conditions of the attached agreement; and
WHEREAS, revenue derived as a result of providing flow testing services will go
into the City of Yakima Fire Department Capital Account (revenue detail -332 699 000
338 22 FPC); and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to authorize execution of the attached interlocal agreement between the City of
Yakima and Naches Heights Fire Department regarding flow -testing of self-contained
breathing apparatus, now, therefore,
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached
interlocal agreement between the City of Yakima and Yakima County Fire Protection
District No. 9 regarding the use of City of Yakima Fire Department technicians, facilities
and equipment to provide flow -testing services of the District's self-contained breathing
apparatus.
ADOPTED BY THE CITY COUNCIL this 2nd day of August, 2005
ATTEST:
K6CLIU-1.--.-- ---4
Karen Roberts, City Clerk
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Paul P. George, Mayor
IT'
INTERLOCAL AGREEMENT BETWEEN
CITY OF YAKIMA AND YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 9
FOR FLOW TESTING SERVICES OF SELF-CONTAINED BREATHING APPARATUS
THIS INTERLOCAL AGREEMENT (the "Agreement") is made and entered into this
day of August, 2005, by and between YAKIMA COUNTY FIRE PROTECTION
DISTRICT NO. 9, a municipal corporation (hereinafter referred to as "FPD #9" or the
"District"), and the CITY OF YAKIMA, a Washington municipal corporation (the "City"). FPD
#9 and the City shall be collectively referred to herein as the "Parties."
WHEREAS, RCW Chapter 39.34 permits governmental entities to enter into local
agreements to accomplish mutually beneficial purposes in the public interest; and
WHEREAS, this document was adopted by both elected bodies at a duly convened public
meeting; and
WHEREAS, FPD #9 and the City have an ongoing cooperative relationship 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; and
WHEREAS, FPD #9 seeks to contract with the City of Yakima for flow testing services
of the District's self-contained breathing apparatus; and
WHEREAS, the City possesses the appropriate flow testing equipment and employs
trained and certified technicians to perform flow testing services on MSA -type self-contained
breathing apparatus and is willing to provide these services to FPD #9 in accordance with the
terms and conditions of this Agreement; and
WHEREAS, FPD #9 agrees to reimburse the City for the flow testing costs incurred.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
I. Purpose. This Interlocal Agreement is for the purpose of defining rights, obligations and
responsibilities related to City employees, facilities and equipment to be utilized to provide flow
testing services of the District's self-contained breathing apparatus on a reimbursement for cost
basis.
2. Scope of Service. Annually, as requested by the District, the City of Yakima Fire
Department MSA technician division will perform annual flow testing service regarding the
District's self-contained breathing apparatus. One (1) technician will typically be hired back "off-
duty" at the overtime rate and, with the assistance of a District representative, will perform flow
testing of the District's self-contained breathing apparatus. Incidental de minimis parts will be
replaced during this process. Repairs and parts will be replaced with the approval of the District
representative and the City will be reimbursed the cost of those parts.
3. Consideration. The District shall compensate the City for all costs and expenses
necessary to provide the services required under this Agreement. For example, the estimated cost
and expense in 2005 for performing the flow testing services would be approximately Thirty -Five
Dollars ($35.00) to Forty Dollars ($40.00) dollars per hour plus 10% for facilities, equipment and
administrative overhead. These are just examples and the parties recognize that such costs and
expenses will likely increase due to a variety of factors (i.e., inflation, increased labor costs due to
changes in collective bargaining agreements). The actual hourly rate will vary dependant upon
which technician performs the service. The City shall submit monthly invoices for all services
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provided related to this Agreement. The District shall pay the City for all costs and expenses
described therein within thirty (30) calendar days of receipt of such invoice.
4. Term. The term of this Agreement shall commence upon execution hereof and continue
thereafter until terminated by either party in accordance with Section 11 of this Agreement.
5. 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) caused by or occurring by reason of any
negligent act and/or omission of the District, its officers, employees, agents and/or volunteers
arising out of or in connection with the performance or nonperformance of the services, duties,
and obligations required under this Agreement.
b. In the event both the City and the District are negligent, the District's liability for
indemnification of the City shall be limited to its contributory negligence for any resulting suits,
actions, claims, liability, damages, judgments, costs, and expenses that can be apportioned to the
District, its officers, elected officials, employees, agents, and/or volunteers.
c. The foregoing indemnity is specifically and expressly intended to constitute a
waiver of the District's immunity under Washington's Industrial Insurance Act, RCW Title 51, as
respects the other party only, and only to the extent necessary to provide the indemnified party
with a full and complete indemnity of claims made by the District's employees. The parties
acknowledge that these provisions were specifically negotiated and agreed upon by them.
d. Nothing contained in this Section or this agreement shall be construed to create a
liability or a right of indemnification in any third party.
e. The provisions of this Section shall survive the termination or expiration of this
Agreement.
6. Waiver of Breach. A waiver by either party hereto of a breach by the other party hereto
of any covenant or condition of this Agreement shall not impair the right of the party not in
default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party
to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to
exercise any right herein given in any one or more instances, shall not be construed as a waiver or
relinquishment of any such agreement, covenant, condition or right.
7. 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.
8. 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: The City of Yakima (Fire Department)
129 North Second Street
Yakima, WA 98901
TO DISTRICT: Naches Heights Fire Department (YCFPD #9)
P.O. Box 298
Cowiche, WA 98923
or to such other addresses as the parties may hereafter designate in writing.
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9. 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
otherrules 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.
10. Integration. This written document constitutes the entire agreement between the City and
the District. 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.
11. Termination. Either the City or District may terminate this Agreement, with or without
cause, .by giving the .otherparty ten ( 10) days'' writtennotice, of termination.
12. Third Parties. The City and the District are the only parties to this Agreement and are
the only parties entitled to enforce its teens. Nothing in this Agreement gives, is intended to give,
or shall be construed to give or provide, any right or benefit, whether directly or indirectly or
otherwise, to third persons.
13. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington.
14. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
15. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same Agreement.
16. Filing with County Auditor. The City shall file a copy of this Agreement with the
Yakima County Auditor's Office (pursuant to RCW 39.34.040).
CITY OF YAKIMA
By:��a
R. A. Zais, Jr., City Manager
ATTEST:
YAKIMA COUNTY FIRE PROTECTION
DISTRICT NO.9
By:
Its:
Karen Roberts, City Clerk
Date: 8"---‘1-4 sr"
City Contract No. 2005-79
Resolution No. R-2005-120
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. l
For meeting of 08/02/05
ITEM TITLE: Naches Heights Fire Department Interlocal Agreement
SUBMI 11'hD BY: Yakima Fire Department, Dennis K. Mayo, Fire Chief
CONTACT PERSON/ Steve Scott, Deputy Fire Chief
TELEPHONE: 575-6165
SUMMARY EXPLANATION:
Yakima County Fire Protection District No. 9 ("Naches Heights Fire Department") is
required to flow test its self-contained breathing apparatus on an annual basis. The City
of Yakima Fire Department uses the same type of equipment and has trained service
technicians to test and maintain said apparatus. Naches Heights Fire Department has
respectfully requested that the City of Yakima provide the required flow testing of said
apparatus. Subject to City Council approval, the Yakima Fire Department is willing to
provide these services in accordance with the terms and conditions of the attached
interlocal agreement. If the contract is approved, it is requested that all payments to the
City for these testing services would be placed into the City of Yakima Fire Department
Capital Account. Thank you for your consideration of this matter.
Resolution X Ordinance Contract X Other (Specify)
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Authorize the City Manager to execute an interlocal
agreement with Yakima County Fire Protection District No. 9.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2005-120