HomeMy WebLinkAboutYakima County Fire Protection District #3 - Flow Testing Services of Self-contained Breathinga 6l0 Y6
INTERLOCAL AGREEMENT BETWEEN
CITY OF YAKIMA AND YAKIMA COUNTY FIRE PROTECTION DISTRICT # 3
FOR FLOW TESTING SERVICES OF SELF-CONTAINED BREATHING APPARATUS
THIS INTERLOCAL AGREEMENT (the "Agreement") is made and entered into this I I of
u 20_1_q_, by and between YAKIMA COUNTY FIRE PROTECTION DISTRICT
# 3 , a municipal corporation (hereinafter referred to as `FPD It 3 or the "District ") and the CITY
OF YAKIMA, a Washington municipal corporation (the "City"). WD # 3 and the City shall be
collectively referred to herein as the "Parties." I
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 # 3 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 # S 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 # 3 in accordance with the terms and conditions of this
Agreement; and
WHEREAS, FPD #_ agrees to reimburse the City for the flow testing costs incurred.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. Puraose. 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.
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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. For example, the estimated cost and expense in 2005
for performing the flow testing services would be approximately Thirty-Five Dollars ($35.00) to Forty
Dollars ($40.00) per hour plus 10% for facilities, equipment and administrative overhead. These are just
examples and 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 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 continue
thereafter until terminated by either party in accordance with Section 11 of this Agreement.
5. Indemnification and Fold 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 arising out of or 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 of 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, 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 at their addresses as follows:
TO CITY: The City of Yakima (Fire Department)
129 North Second Street
Yakima, WA 98901
TO DISTRICT: a K i in rc 6., M Jy F re & Sr c f #3
a. di e S
or to such other addresses as the parties may hereafter designate in writing.
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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 the 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. Counteraarts. 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 #_-?
By: By: -et r e,- R l 6t" ,SA e,, I
R.A. Zais, r., C- anager Its: ; re G ;.e
ATTEST_
�PKIMA
City Clerk
0
Date: - 5114110 �'�SHING�
City Contract No.
Resolution No.
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