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
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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