HomeMy WebLinkAboutR-2007-015 Yakima County Interlocal AgreementRESOLUTION NO. R-2007-15
A RESOLUTION authorizing and directing the City Manager and City
Clerk of the City of Yakima to execute an Interlocal
Agreement for Fire Alarm Monitoring Services with Yakima
County.
WHEREAS, Yakima County has certain facilities that they desire to
have their fire alarm system monitored by the City's Yakima
Communications Center; and
WHEREAS, The Yakima Communications Center has the equipment
and personnel to provide such services; and,
WHEREAS, the City Council deems it to be in the best interest of the
City of Yakima to provide fire alarm monitoring services to Yakima
County in accordance with the terms and conditions on the attached
contract, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA:
ADOPTED BY THE CITY COUNCIL this 6th day February , 2007.
AI LEST:
City Clerk
INTERLOCAL AGREEMENT FOR
FIRE ALARM MONITORING SERVICES
THIS INTERLOCAL AGREEMENT FOR FIRE ALARM MONITORING
SERVICES, hereinafter "Agreement," is made and entered by and between the City of
Yakima, a Washington municipal corporation, (hereinafter "City"), and Yakima County,
a Washington municipal corporation, (hereinafter "County.") This Agreement is entered
into pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act.
WHEREAS, the County desires that the City provide alarm monitoring services
using the City's Public Safety Communications Center; and
WHEREAS, the City possesses the equipment and personnel to provide such
services in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
conditions set forth herein, it is agreed by and between the City and the County as
follows:
I. Purpose. The purpose of this Agreement is to define the scope of services
contracted by the County from the City, set forth the compensation to be paid by the
County for such services, and enumerate other related provisions that contribute to the
mutual benefit of the parties to this Agreement.
2. Term. This Agreement shall be effective February 1, 2007 and shall continue
until terminated by either party in accordance with Section 14 of this Agreement.
3. Scope of Services. The City shall Provide 24 hour a day/7 day a week
monitoring of the County's alarm systems connected to the City's Public Safety
Communications Center. Upon receiving an alarm signal from the County's alarm
system, the City will follow existing procedures for dispatching the local emergency
response department. The County will be notified of the dispatch as soon as practicable
by either the City or the local emergency response department. The City's processing of
alarms will be in compliance with the local law enforcement agency's policy regarding
false alarms.
The City, subject to the terms, conditions and limitation herein, shall be solely
responsible for control of its personnel, standards of performance, discipline, and all
other aspects of performance by City employees while performing services under this
Agreement.
4. County's Responsibilities. The County shall:
A. Ensure that its fire alarm system complies with the applicable standards of the
National Fire Protection Association.
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B. Ensure that its fire alarm system complies with the local jurisdictional
ordinances and codes as they apply, including Yakima Municipal Code
Chapter 10.03.
C. The emergency response department responding to an alarm shall have no
duty to reset the County's alarm system. The County's system shall be
determined out -of -service after an activation until a valid reset is received.
Resetting the alarm system shall be the County's sole responsibility.
D. The County's alarm system remains the County's sole property and the
County shall make or cause to be made all repairs to and otherwise perform
service on its equipment within Twenty Four (24) Hours after notification by
the City or other local emergency response department of the necessity for any
such repair or service.
E. Prior to the City monitoring the County's system, the County shall have the
system inspected and certified fully operational by a qualified alarm
maintenance company. A copy of said inspection shall be filed with the
Yakima Public Safety Communication Center.
F. Application for permits to install and activate an alarm system are the
County's sole responsibility.
G. The County shall pay all costs and bear all expenses incidental to the
installation and maintenance of the County's alarm system.
5. Contractual Payment. In exchange for and in consideration of the services to be
performed by the City, the County agrees to pay the City a fee of Ten Dollars ($10.00)
per month for each digital transmitter device connected to the telephone system (this
charge includes basic system monitoring and monitoring of one alarm zone) and Two
Dollars and Fifty Cents ($2.50) for each alarm zone above the basic level of service at
such times and in such accumulative amounts as may be billed from time to time by the
City. Yakima Municipal Code 10.03.100.
6. Administration. This Agreement will be administered by the City's Public
Safety Communications Manager and the County's Facilities Manager.
7. No Third Party Rights. This Agreement is entered into for the sole benefit of
the City and the County. It shall confer no benefits or rights, direct or indirect, on any
third parties. No person or entity other than the City and the County may rely upon or
enforce any provision of this Agreement. The decision to assert or waive any provision
of this Agreement is solely that of the City or the County.
8. Property Ownership. All property acquired by the City to enable its contract
service performance associated with this Agreement shall remain the property of the City
in the event of termination of this Agreement. Property acquired under the terms of this
Agreement that is jointly owned by the City and the County, if any, shall be disposed of
in such manner as may be negotiated and agreed upon between the City and the County
in the event of termination of this Agreement.
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9. Indemnification and Hold Harmless.
a. The County 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
act and/or omission of the County, its directors, officials, officers, employees,
agents, volunteers, invitees, lessees, and/or occupants of its premises arising
out of or in connection with the activities of the County or such persons under
and pursuant to this Agreement including but not limited to any personal
injury, death, and/or property damage claim, demand, lawsuit or other
proceeding brought against the City.
b. In the event that the officials, officers, agents, and/or employees of both the
County and the City are negligent, each party shall be liable for its
contributory share of negligence for any resulting suits, actions, claims,
liability, damages, judgments, costs and expenses (including reasonable
attorneys' fees).
c. The provisions of this Section shall survive the termination or expiration of
this Agreement.
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.
10. Waiver.
The County releases the City, its agents, officers, volunteers, officials and
employees from any increased duty or increased standard of care in detecting or
suppressing any fire, or in responding to any alarm where such increased duty or
increased standard of care may otherwise result from the installation of a system.
This waiver of liability shall further absolve the City, its agents, officers,
volunteers, officials and employees from liability or all damages and liability of any
nature, based or resulting from the installation of the County's alarm system. This waiver
also shall absolve the City, its agents, officers, volunteers, officials and employees from
liability for all damages and liability arising from any malfunction or failure of the alarm
circuit or appurtenant equipment or devices.
The City shall not be liable to the County for failure to provide, or delays in
providing, services herein, if due to any cause beyond the City's control, such as, but not
limited to, power outage, fire, water, energy shortages, failure of its communications or
computer hardware or operating system, natural disaster, or inability to provide or
continue to provide the agreed upon services due to a court ruling or other legal action
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adverse to the City or this Agreement. In the event of simultaneous calls for service
whereby facilities and/or resources of the City are taxed beyond its ability to perform all
needed services, the officers and agents of the City shall have discretion as to the priority
handling of such calls.
11. No Effect on Other Unrelated Agreement; Integration and Supersession.
This Agreement sets forth all of the terms, conditions, and agreements of the parties
relative to the subject matter hereof and supersedes any and all prior negotiations,
discussions, understandings, and agreements between the parties as to the subject matter
hereof, which are hereby declared terminated and of no further force and effect. There
are no terms, conditions, or agreements with respect thereto, except as herein provided
and no amendment or modification of this Agreement shall be effective unless reduced to
writing and executed by the parties. Unless specifically referenced herein, this
Agreement shall not modify or alter any existing prior agreements between the Parties
12. Severability.
a. If a court of competent jurisdiction holds any part, term or provision of
this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining
provisions shall not be affected, and the parties' rights and obligations shall be construed
and enforced as if the Agreement did not contain the particular provision held to be
invalid.
b. If any provision of this Agreement is in direct conflict with any statutory
provision of the State of Washington, that provision which may conflict shall be deemed
inoperative and null and void insofar as it may conflict, and shall be deemed modified to
conform to such statutory provision.
13. Non -Waiver. The waiver by the County or the City of the breach of any
provision of this Agreement by the other party shall not operate or be construed as a
waiver of any subsequent breach by either party or prevent either party thereafter
enforcing any such provision.
14. Termination. Either party may terminate this Agreement, with or without cause,
by giving the other party forty-five (45) calendar days written notice of termination. In
addition, the City's Public Safety Communications Manager or his/her designee may
immediately terminate this Agreement without notice to the County in the event the
County or any occupant of the County's premises fails to comply with the requirements
of this Agreement and/or fails to properly maintain the system. In the event of
termination, the County shall compensate the City for services rendered through the
effective date of termination.
15. Notices. Unless stated otherwise herein, all notices and demands shall be in
writing and sent to the parties to their addresses as follows:
TO CITY: Public Safety Communications Manager
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TO COUNTY:
City of Yakima
200 South Third Street
Yakima, WA 98901
Reginald L. Goforth
Manager
Yakima County Facilities Services
18 East Lincoln Ave.
Yakima, WA 98901
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.
16. Survival. Any provision of this Agreement that imposes an obligation after
termination or expiration of this Agreement shall survive the term or expiration of this
agreement and shall be binding on the parties to this Agreement.
17. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
18. Compliance with Law. All Parties to this Agreement shall comply with all
applicable federal, state and local laws, rules and regulations in carrying out the terms
and conditions of this Agreement.
19. Neutrall 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.
20. Filing. A copy of this Agreement shall be filed with the Yakima County Auditor
pursuant to RCW 39.34.040.
CITY OF YAKIMA
YAKIMA COUNTY
R.A. Zais, Jr., ity Manager e, Chairman
Michael D. Leita
Date: a -G '"d% Date: .%—/Co —0 7
CITY CONTRAC f N0: o'DOb -/10
RESOLUTION NO:_L -j:
5 of 6
ATTEST:
City Clerk 'S, d < Qom_
City Contract No. .4D.' -/O
Resolution No. -.0?W -/,S
cAPPR9VEDASTOF7�t
eputy Prosecuting Attorney
of Yakima County, Washington
6 of 6
'naamac�ie-C mmissioner
Rold F. ,
Date: ///(c)/6 %
Elliott, Commissioner
Date: (—l(p _D-7
Constituting the Board of County
Commissioners For Yakima County,
Washington
ATTEST: Christina Steiner
Deputy Clerk of the Board
1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.: I
For Meeting Of: 2/6/07
ITEM TITLE: Interlocal Agreement for Fire Alarm Monitoring Service with Yakima
County
SUBMITTED BY: Wayne F. Wantland
CONTACT PERSON/TELEPHONE: Wayne Wantland/ 575-6048
SUMMARY EXPLANATION:
The Yakima Communications Center currently provides fire alarm monitoring for the Yakima
County main jail. We were approached by the County's Facility Management to expand that
service to other county facilities, but in reviewing the current Waiver of Liability, Yakima County
legal department desired to have a more detailed agreement. The attached Interlocal is the
result of that request and has been reviewed and approved by City Legal and has been
adopted by the Yakima County Board of Commissioners. We are requesting Council to grant
the City Manager and the City Clerk the authority to enter into this agreement.
Resolution X Ordinance _ Contract X Other (Specify)
Funding Source:
APPROVAL FOR SUBMITTAL----
i Manager
STAFF RECOMMENDATION: Staff recommends granting the authority to enter into the
agreement with Yakima County.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2007-15