The URL can be used to link to this page

Home My WebLink AboutR-2006-048 Interlocal agreement with Yakima County Protection District No. 1 regarding the use of City of Yakima Fire Department teRESOLUTION NO. R-2006-48 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. 1 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. 1 ("Cowiche/Tieton Fire Department") is required to flow -test their self-contained breathing apparatus annually; and WHEREAS, the Cowiche/Tieton 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 Cowiche/Tieton 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 Cowiche/Tieton Fire Department regarding flow -testing of self-contained breathing apparatus, now, therefore, 1 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. 1 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 21st day of March, 2006 AI 1EST: Kam, Karen Roberts, City Clerk 2 David Edler, Mayor INTERLOCAL AGREEMENT BETWEEN CITY OF YAKIMA AND YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 1 FOR FLOW TESTING SERVICES OF SELF-CONTAINED BREATHING APPARATUS THIS INTERLOCAL AGREEMENT (the "Agreement") is made and entered into this day of March, 2006, by and between YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 1, a municipal corporation (hereinafter referred to as "FPD #1" or the "District"), and the CITY OF YAKIMA, a Washington municipal corporation (the "City"). FPD #1 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 #1 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 #1 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 #1 in accordance with the terms and conditions of this Agreement; and WHEREAS, FPD #1 agrees to reimburse the City for the flow testing costs incurred. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. 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. The cost and expense in 2006 for performing the flow testing services shall be Thirty -Seven Dollars ($37.00) to Forty -One Dollars ($41.00) dollars per hour plus 10% for facilities, equipment and administrative overhead. 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 1 submit monthly invoices for all services 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 shall terminate on December 31, 2010, unless sooner 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 or caused by or occuring 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 2 TO DISTRICT: Cowiche Fire Department (YCFPD #1) P.O. Box 123 Cowiche, WA 98923 or to such other addresses as the parties may hereafter designate in writing. 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 other rules 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 other party ten (10) days' written notice 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 terms. 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 YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 1 s;i,,,LG`,47tizGit.. ,d 6, By: y\ -=� - By: c- R. A. Zais, Jr., Cityanager Its: C.-1;1> ATTEST: Karen Roberts, City Clerk Date: %O. -4(Q City Contract No. oZOOlo -3 9 Resolution No. %t' -o'?DOI, - 3 ITEM TITLE: SUBMITTED BY: CONTACT PERSON/ TELEPHONE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. u For meeting of 03/ 21/ 06 Cowiche Fire Department Interlocal Agreement Yakima Fire Department, Dennis K. Mayo, Fire Chief Steve Scott, Deputy Fire Chief 575-6165 SUMMARY EXPLANATION: Yakima County Fire Protection District No. 1 ("Cowiche/Tieton 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. Cowiche/Tieton 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. 1. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUPION R-2006-48