HomeMy WebLinkAbout11/17/2015 05F Mass Notification System Joint Use Agreement with Yakima CountyBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5. F.
For Meeting of. November 17, 2015
ITEM TITLE: Resolution authorizing the execution of a 5 -year Interlocal
Agreement with Yakima County for purchase and the joint use of a
Mass Notification System
SUBMITTED BY: Bob Stewart, Fire Chief
SUMMARY EXPLANATION:
The Mass Notification System is a web -based software platform that provides the means for emergency
management personnel to communicate critical information to the community. Information such as pertinent
evacuation instructions can be sent through voice message, text message or email within user - defined
geographical areas.
Resolution: X
Other (Specify):
Contract: X
Start Date:
Item Budgeted: Yes
Funding Source/Fiscal Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
Ordinance:
Contract Term:
End Date:
Amount: $12,050.15
Partnership Development
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City Manager
ATTACHMENTS:
Description Upload Date Type
IMassNbfificafioin Sysei rn 1111 A 10/30/2015 U.)irtrac.,A
RESOLUTION NO. R -2015-
A RESOLUTION authorizing the City Manager to execute and administer an
intergovernmental service agreement between Yakima County
(County) and City of Yakima (City) for the joint use of a Mass
Notification System.
WHEREAS, the need exists for a mechanism to provide timely notification and
direction to the community in the event of a large -scale emergency; and,
WHEREAS, Mass Notification Systems (MNS) serves the dual function of
providing pertinent emergency information to the community via multimodal delivery
methods, and providing a critical communication link for information sharing among key
agency personnel; and,
WHEREAS, through a comprehensive evaluation and Request For Proposal
(RFP), the County and City have selected an MNS platform that provides the most
appropriate balance of functionality and economy to meet the needs of the region; and,
WHEREAS, it is in the best interest of the citizens for the City and the County to
collaborate on a single MNS, yet allowing both jurisdictions the ability to operate the
system jointly or independently as the situation dictates; and,
WHEREAS, the City and County have authority to enter into interlocal cooperative
agreements pursuant to Chapter 39.34 RCW to jointly accomplish services each are
authorized to perform; and,
WHEREAS, the County will serve as the host agency and the City will make
annual pass- through payments, based upon a per capita formula, to the County; now,
therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute an agreement with Yakima
County for a Mass Notification System, a copy of the Agreement is attached hereto and by
reference made a part hereof, now, therefore,
ADOPTED BY THE CITY COUNCIL this day of 12015.
Micah Cawley, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
INTERLOCAL AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA COUNTY
FOR INSTALLATION AND JOINT USE OF A MASS NOTIFICATION SYSTEM
THIS AGREEMENT is entered into between the City of Yakima, (hereinafter "City "), a
municipal corporation, and Yakima County, Washington (hereafter "County "), a political subdivision of
the State of Washington, pursuant to RCW 39.34. The City and the County may be collectively
referred to herein as "the Parties ".
WHEREAS, the need exists for a mechanism to provide timely notification and direction to the
community in the event of a large -scale emergency; and,
WHEREAS, Mass Notification Systems (MNS) serves the dual function of providing pertinent
emergency information to the community via multimodal delivery methods, and providing a critical
communication link for information sharing among key agency personnel; and,
WHEREAS, through a comprehensive evaluation and Request For Proposal (RFP), the
County and City have determined the MNS package offered by Everbridge Inc. provides the most
appropriate balance of functionality and economy to meet the needs of the region; and,
WHEREAS, it is in the best interest of the citizens for the City and the County to collaborate
on a single MNS, yet allowing both jurisdictions the ability to operate the system jointly or
independently as the situation dictates; and,
WHEREAS, the County will serve as the host agency and the City will make annual pass -
through payments, based upon a per capita formula, to Everbridge Inc. through the County.
NOW, THEREFORE, it is hereby agreed as follows:
Purpose. The purpose of this Agreement is to provide for the Parties' cooperative
participation in County -wide mass notification services to be provided to the County by
Everbridge, Inc. under separate agreement in accordance with the specific terms and
conditions set forth in said Everbridge, Inc. Agreement, attached hereto and incorporated
herein as Exhibit A to this Interlocal Agreement: it is also the purpose of this Interlocal
Agreement to define the individual responsibilities and expectations of the Parties hereto with
regard to cost sharing, liability allocation and other specific matters related to this Interlocal
Agreement.
2. Duration. This Agreement shall become effective on the date of execution by the City and
County and shall continue for a term of five (5) years, terminating on the same date as the
Everbridge Agreement with the County expires, unless mutually renewed, terminated early or
replaced by a subsequent agreement between the Parties.
3. Project Design and Construction. The County shall be responsible for the installation and
operation of the Mass Notification System software in accordance with the underlying
Agreement between the County and Everbridge. The City shall be entitled to receive
connection to the System to permit the City to enjoy the same level of emergency notification
accessibility as the County is able to receive. The County shall obtain or cause to be obtained
and maintained in effect, all necessary permits, licenses and other governmental approvals
that are required in connection with authorizing and receiving the Mass Notification services
provided by Everbridge through the underlying service agreement.
4. Project Budget and Funding.
4.1 Everbridge Service Budget. The capital budget for the services to be provided to the
City and County under the Everbridge Agreement are set forth in the invoice from Everbridge,
attached hereto and made a part of this Interlocal Agreement as Exhibit B. Total service
costs, including one -time first year implementation and set -up fees, are Fifty Two Thousand
Fifty Dollars and Fifteen Cents. ($52,050.15). Annual fees thereafter, for a period of four
additional years, are Forty Nine Thousand Three Hundred Forty Seven Dollars and Sixty -five
Cents ($49,347.65) per year. These fees shall be shared between the City and the County as
hereafter specifically provided below.
4.2 County Funding. The County will pay for a portion of the notification services towards
the total annual costs of Everbridge services set forth above. For the first year, the County will
pay Forty Thousand dollars. After the first year, the County will pay a proportionate amount of
the cost based upon the population of Yakima County, not including the population of the City
of Yakima. This amount, based upon 4/1/15 OFM population figures (156,750 — County,
93,220 — City), would be Sixty -Three percent (63 %) of the annual cost, or Thirty -One
Thousand, Eighty -Nine Dollars and Two Cents.
4.3 City Funding. The City will be responsible to pay to the County, for direct pass- through
to Everbridge, the balance of the annual service fees owing to Everbridge under the Service
Agreement that are not covered by the County's first year obligation identified in paragraph
4.2, above. For the first year, the City's obligation will be $52,050.15 - $40,000.00 =
$12,050.15, payable upon invoice from the County for pass- through to Everbridge to fully
satisfy the annual service obligation for Mass Notification service. For years two through five,
the City will pay its proportionate share of the yearly cost based upon its share of population
within the County. This amount, based upon 4/1/15 OFM population figures (156,750 —
County, 93,220 — City), would be Thirty -Seven (37 %) of the annual cost, or Eighteen
Thousand, Two Hundred Fifty Eight Dollars and Sixty -Three cents.
4.4 The City and County will also share any incidental costs of the mass notification
system using the same calculation based upon each party's proportionate share of
populations within Yakima County. Notwithstanding the above, each party reserves the right
to review and separately approve claims for payment of incidental costs, and the parties may
modify the sharing calculation to more accurately reflect the percentage of benefit received by
each party through performance of the service that forms the basis for the incidental
charge(s).
4.5 Repayment Schedule. The City's financial obligation identified in paragraph 4.3,
above shall be payable within thirty (30) days of receiving an invoice for payment due from the
County for each annual payment obligation. The County shall submit an invoice to the City in
August of each of the five (5) service contract years coinciding with Everbridge Inc. invoicing
the County.
5. 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.
6. Indemnification and Hold Harmless.
6.1 Each party hereto agrees to be responsible for and assume liability in the performance
of this Agreement for its own wrongful and /or negligent acts or omissions and those of its
officers, agents, or employees to the fullest extent allowed by law.
6.2 No party shall be required to indemnify, defend or save harmless the other party if a
claim, suit or action for injuries, death or damages is caused by the sole negligence of the
other party. For such claims, suits or actions resulting from concurrent negligence of the
parties the indemnity provisions provided herein shall be valid and enforceable only to the
extent of the party's own negligence. Each of the parties agrees that its obligations under this
sub - paragraph extends to any harm, demand and /or cause of action brought on by, or on
behalf of, any of its employees or agents. For this purpose, each party, by mutual negotiation,
hereby waives, with respect to the other party only, any immunity that would otherwise be
available against such claims under the industrial insurance provisions of Title 51 RCW, only
to the extent necessary to indemnify the other party.
6.3 The provisions of this Section shall survive the termination or expiration of this
Agreement.
6.4 Nothing contained in this Section or this Agreement shall create a liability or a right of
indemnification in any third party.
7. Integration. This Agreement contains all of the terms and conditions agreed on by the
parties. No other understandings, oral or otherwise, regarding the subject matter of the
Agreement, are deemed to exist or to bind either of the parties.
8. Modifications. The parties may modify this Agreement but no proposed changes or
modifications shall have validity or become binding on either party unless such changes or
modifications are in writing and executed by both parties.
9. Severability.
9.1 If a court of competent jurisdiction holds any part, term or provision of this Agreement
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 invalid.
9.2 If any provision of this Agreement is in direct conflict with any statutory provision of the
State of Washington, that provision which is in conflict shall be deemed inoperative and null
and void insofar as it conflicts, and shall be deemed modified to conform to such statutory
provision.
10. Waiver. The waiver by either party of any term or condition of this Agreement shall not
operate in any way as a waiver of any other condition, obligation or term or prevent either
party from enforcing such provision.
11. Survival. Any provision of this Agreement which imposes an obligation after expiration or
termination of this Agreement shall survive the expiration or termination and shall bind the
parties.
12. Notices. Unless otherwise stated herein, all notices and demands are required in written
form and sent to the parties at their addresses as follows:
TO: CITY OF YAKIMA
City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
TO: YAKIMA COUNTY
Board of County Commissioners
128 North Second Street
Yakima, WA 98901
13. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington.
14. 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.
15. Filing . Copies of this Agreement shall be listed by subject on each Party's web site, pursuant
to RCA/ 39.34.040, and with the Yakima City Clerk.
Executed by the parties, this day of
ATTEST:
City Clerk
CITY OF YAKIMA
By:
Tony O'Rourke, City Manager
City Contract No.:
Resolution No.:
2015.
BOARD OF YAKIMA COUNTY COMMISSIONERS
J. Rand Elliott, Chairman
Michael D. Leita, Commissioner
Kevin J. Bouchey, Commissioner
Approved as to form:
Don Anderson
Chief Civil Deputy Prosecuting Attorney
ATTEST:
Tiera L. Girard,
Clerk of the Board