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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. 1 of 6 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. 2 of 6 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 3 of 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 4 of 6 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