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HomeMy WebLinkAboutR-2008-026 Battalion Chief Interlocal Agreement with Union GapRESOLUTION NO. R 2008-26 A RESOLUTION authorizing and directing the City Manager to execute an interlocal agreement between the City of Yakima and the City of Union Gap for the provision of Battalion Chief services by the Yakima Fire Department. WHEREAS, the City of Yakima ("Yakima") and the City of Union Gap ("Union Gap") respond to fire emergencies within their jurisdictions; and WHEREAS, Union Gap does not have the resources to provide sufficient Battalion Chief services in its jurisdiction at this time; and WHEREAS, Union Gap desires to secure such services from Yakima and is willing to pay for such services according to the terms and conditions of the attached interlocal agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to provide Battalion Chief services to Union Gap in accordance with the terms and conditions of the attached interlocal agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated "Interlocal Agreement for Battalion Chief Services" with the City of Union Gap. ADOPTED BY THE CITY COUNCIL this 5th day of February, 2008. ATTEST: David Edler, ayor INTERLOCAL AGREEMENT FOR BATTALION CHIEF SERVICES THIS INTERLOCAL AGREEMENT FOR BATTALION CHIEF SERVICES, hereinafter "Agreement," is made and entered by and between the City of Yakima, a Washington municipal corporation, (hereinafter "Yakima"), and the City of Union Gap, a Washington municipal corporation, (hereinafter "Union Gap"). This Agreement is entered into by Yakima and Union Gap in conformity with RCW Chapter 39.34, the Interlocal Cooperation Act. WHEREAS, Union Gap does not have Battalion Chiefs (command officers) for emergency responses and desires to contract to secure such Battalion Chief services from Yakima according to the following terms and conditions; and WHEREAS, Yakima desires to provide such Battalion Chief services to Union Gap in accordance with the following terms and conditions. NOW, THEREFORE, in consideration of the mutual covenants, promises, and conditions set forth herein, it is agreed by and between Yakima and Union Gap as follows: 1. Purpose. The purpose of this Agreement is to define the scope of services contracted by Union Gap from Yakima, set forth the compensation to be paid by Union Gap 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 on March 1, 2008, through March 1, 2009, and shall automatically be extended for like one year periods unless terminated as provided for in section 12 herein. 3. Scope of Services. Yakima shall provide, to the best of its ability, a command officer response to any multi -engine response as determined by Union Gap run cards or when requested by Union Gap. Upon arrival, the Command Officer shall make contact with the Union Gap Fire Department officer in command. A determination shall be made as to who will remain/take command. If the Union Gap officer is to remain in command, the Yakima officer will assist him/her in any way deemed appropriate. If the Yakima officer is to assume command, a radio broadcast is to be made stating such. In either case, the Incident Command System (ICS) is to be implemented and utilized. The Yakima Command Officer shall include station 85 in his/her "rounds" of Yakima Fire Department stations. "Rounds" shall be made at least once during his/her 48-hour shift. Except as explicitly provided in this Agreement, Yakima Command Officers shall not be responsible for the supervision or discipline of Union Gap personnel or any other administrative duties for Union Gap. Battalion Chief Agreement Page 1 of 2 The Yakima Command Officer may include Union Gap Fire Department personnel in training sessions, as mutually agreed upon. Yakima, subject to the terms, conditions and limitations herein, shall be solely responsible for control of its personnel, standards of performance, discipline, and all other aspects of performance by Yakima employees while performing services under this Agreement. In the event of simultaneous calls for service whereby facilities and/or resources of Yakima are taxed beyond its ability to perform all needed services, the officers and agents of Yakima shall have discretion as to the priority handling of such calls. 4. Contractual Payment. In exchange for and in consideration of the emergency response services to be performed by Yakima, Union Gap agrees to pay Yakima the hourly rate of Thirty -Eight Dollars ($38.00) for each full hour or portion thereof. Union Gap shall not be liable for any additional expenses, except as otherwise provided herein and/or for those approved in advance by the Union Gap Fire Chief or his/her designee. Yakima shall present an invoice to Union Gap monthly or whenever prudent for bookkeeping. Union Gap shall pay Yakima within sixty (60) calendar days of receipt of the invoice. 5. Administration. After each response by the Yakima command officer pursuant to this Agreement, he/she shall meet, together with Union Gap Fire Department personnel, to evaluate the results of the incident and to otherwise administer this Agreement. 6. Property Ownership. All property acquired by Yakima to enable its contract service performance associated with this Agreement shall be paid for solely by Yakima and shall remain the property of Yakima in the event of termination of this Agreement, without any obligation of Union Gap in relation to such property or equipment. Property acquired under the terms of this Agreement that is jointly owned by Yakima and Union Gap, if any, shall be disposed of in such manner as may be negotiated and agreed upon between Yakima and Union Gap in the event of termination of this Agreement. 7. Indemnification and Hold Harmless. a. Union Gap agrees to protect, defend, indemnify, and hold harmless Yakima, 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 Union Gap, its directors, officials, officers, employees, agents, and/or volunteers arising out of or in connection with the activities of Union Gap under Battalion Chief Agreement Page 2 of 2 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 Yakima. Yakima agrees to protect, defend, indemnify, and hold harmless Union Gap, 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 Yakima, its directors, officials, officers, employees, agents, and/or volunteers arising out of or in connection with the activities of Yakima 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 Union Gap. The provisions of this Section shall survive the termination or expiration of this Agreement. b. Nothing contained in this Section or this Agreement shall . be construed to create a liability or a right of indemnification in any third party. c. In the event that the officials, officers, agents, and/or employees of both Union Gap and Yakima 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). d. The provisions of this Section shall survive the termination or expiration of this Agreement. 8. Third Party Action Notification. Each Party shall give the other prompt notice in writing of any action or suit filed, and prompt notice of any claim made against the other Party by any person or entity that may result in litigation related in any way to the services performed pursuant to this Agreement. 9. 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. 10. 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 Battalion Chief Agreement Page 3 of 3 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. 11. Non -Waiver. The waiver by Union Gap or Yakima 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. 12. 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 the event of termination, Union Gap shall compensate Yakima for services rendered through the effective date of termination. 13. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO YAKIMA: TO UNION GAP: Charlie Hines, Fire Chief Yakima of Yakima Fire Department 401 North Front Street Yakima, WA 98901 Keith Yamane, Fire Chief Union Gap Fire Department 107 W. Ahtanum Road Union Gap, WA 98903 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. 14. 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. 15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 16. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. Battalion Chief Agreement Page 4 of 4 17. Non -Exclusive Agreement. The parties to this Agreement shall not be precluded from entering into similar agreements with other municipal corporations or public agencies. 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. 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. 20. Filing. A copy of this Agreement shall be filed with the Yakima County Auditor pursuant to RCW 39.34.040. 21. No Employment Relationship. Yakima and Union Gap understand and expressly agree that each agency bears full responsibility for controlling the manner and means by which their respective employees perform work and for providing all compensation and other employment benefits, including payroll taxes and worker's compensation coverage to their respective employees. Union Gap personnel are not Yakima employees and Yakima Employees are not Union Gap Employees and each has no right to any employment benefits, including any form of compensation, from the other. Union Gap and its employees shall make no claim of Yakima employment nor shall claim against Yakima any related employment benefits, social security, and/or retirement benefits. Yakima and its employees shall make no claim of Union Gap employment nor shall claim against Union Gap any related employment benefits, social security, and/or retirement benefits. Union Gap agrees to protect, defend, indemnify, and hold harmless Yakima, 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 claim of Yakima employment by a Union Gap employee. Yakima agrees to protect, defend, indemnify, and hold harmless Union Gap, 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 claim of Union Gap employment by a Yakima employee. Battalion Chief Agreement Page 5 of 5 The provisions of this Section shall survive the termination or expiration of this Agreement. CITY OF YAKIMA By:\��'�0�c� •/ R. A. Zais, Jr.,ji Manager Dated:"r/CS By: Charlie Hines, Fire Chief Dated:/ -7/D g' ATTEST: By: Deborah Moore, City Clerk Yakima Contract No. v?0,--.3d Resolution No."1-200e-242 Battalion Chief Agreement Page 6 of 6 CITY OF UNION GAP By: Jim Leon, May Dated: L) / g Dated: / /i/ ATTEST: By:C`nAC, Kathryn Thdmpson, C City Clerk Union Gap Contract No.00&- 01 Resolution No. LAS • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 44" ill - For T For Meeting Of 2/5/08 ITEM TITLE: Resolution authorizing the City Manager to execute a modified/updated interlocal agreement between the City of Yakima and the City of Union Gap for fire department command officer response. SUBMITTED BY: Charlie Hines, Fire Chief CONTACT PERSON/TELEPHONE: Charlie Hines, Fire Chief — 576-6747 SUMMARY EXPLANATION: Union Gap Fire Department does not have Battalion Chiefs (command officers) for emergency responses and desires a contract with the City of Yakima to secure such services. The contract calls for Union Gap to compensate Yakima the hourly (total compensation) rate for Battalion Chief, for every portion of an hour of services provided. This agreement further cements the relationship between the two fire departments. The result is a more efficient utilization of the public's resources. This request addresses several aspects of the City Council's strategic priorities: • Greater regionalization and coordination of intergovernmental cooperation. • Enhancing partnerships. Resolution x Ordinance Other (Specify) Contract x Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: itv Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Adopt Resolution