Loading...
HomeMy WebLinkAbout02/02/2016 05D Fire Communications Services Agreement with Yakima County Fire Protection District 4 ot BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.D. For Meeting of: February 2, 2016 ITEM TITLE: Resolution authorizing a contract with Yakima County (East Valley) Fire District #4 for dispatch and alarm service SUBMITTED BY: Bradley D. Coughenour, Public Safety Communications Manager SUMMARY EXPLANATION: The 2016 Fire Services Communications Contract between the City of Yakima and Yakima County Fire District #4, also know as East Valley Fire District, is an agreement to provide dispatching and alarm service to the district. In return for services, Yakima County Fire District #4 agrees to pay the City of Yakima a fee of $51.18 per incident based on the number of incidents occurred in Yakima County Fire District #4 during the 2014 calendar year. This fee includes a 5% increase. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL: Interim City Manager STAFF RECOMMENDATION: Staff recommends Council approve the contract BOARD /COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type d revs a iAl rn 1/27/2016 Ow Memo o rnteAcrallI A greerneirnt behNnen Cii�y 1/< II<liirrna and 1/25/2016 CA)rtraci Yall liirrna Q::A IC:)lis ire: RESOLUTION NO. R -2016- A RESOLUTION Authorizing the City Manager to execute a Fire Communications Services Contract between the City of Yakima and Yakima County Fire Protection District 4, hereinafter known as "District." WHEREAS, the City of Yakima presently provides fire, alarm and emergency dispatch services to the Fire Protection District; and WHEREAS, the City of Yakima, and the District wish to renew the attached interlocal service contract for the period starting on January 1, 2016 and extending through December 31, 2016 for the purpose of Yakima handling and processing fire, alarm and emergency call service on behalf of the District; and WHEREAS, the City of Yakima and the Yakima County Fire Protection District No.4 desire to enter into the Fire Communications Service Interlocal Contract for the period beginning January 1, 2016 and expiring December 31, 2016; and WHEREAS, the City Council deems it to be in the best interest of the City to renew the Fire Communications Services Contract and to authorize the execution of the attached and incorporated Fire Communications Services Contracts, 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 Fire Communications Services Contract for the term of January 1, 2016 through December 31, 2016 to provide fire, alarm and emergency communication services to Yakima County Fire Protection District No 4. ADOPTED BY THE CITY COUNCIL this 2n day of February, 2016. ATTEST: Avina Gutierrez, Mayor Sonya Claar Tee, City Clerk For City of Yakima Use Only: Contract No. INTERLOCAL AGREEMENT R eso o le t ion No. Resolution BETWEEN esluion SOQ No. CITY OF YAKIMA, WASHINGTON AND YAKIMA COUNTY FIRE DISTRICT NO.4 FOR FIRE COMMUNICATION SERVICES THIS AGREEMENT, made and entered into on this day of 20 , by and between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North Second Street, Yakima, WA 98901, hereinafter referred to as "City ", and Yakima County Fire District No. 4 with its principal office at 2003 Beaudry Rd., Yakima, WA, hereinafter referred to as "Fire District ". WITNESSETH: RECITALS WHEREAS, the City currently provides dispatching services to the Fire District; which includes the handling and processing of fire, alarm, and emergency calls; and WHEREAS, the City and the Fire District desire to enter into an agreement for the continuation of such services; WHEREAS, pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW and the mutual covenants, promises, and agreements set forth herein; NOW, THEREFORE, CITY and FIRE DISTRICT agree as follows: SECTION 1 INCORPORATION OF RECITALS 1.1 The above recitals are incorporated into these operative provisions of the Agreement. SECTION 2 DEFINITIONS 2.1 An Alarm call: A call requiring the dispatch of equipment from the Fire District. Any number of vehicles from the Fire District may answer any such alarm call. All communications dealing with such alarm call shall be deemed as (1) alarm call. 2.2 Mutual Aid. In the event the Fire District requests mutual aid, the Fire District shall pay for each additional alarm call it requests. SECTION 3 CITY'S RESPONSIBILITIES 3.1 The City shall operate a central facility, known as SunComm 9 -1 -1 Communications Center, for the purpose of receiving fire and emergency calls, dispatching the appropriate fire apparatus, and for other related business. 3.2 It is agreed that the SunComm 9 -1 -1 Communications Center shall have the exclusive authority to operate and manage, including, but not limited to, the authority to hire and fire employees. 1 of 5 3.3 Operational costs of SunComm 9 -1 -1 Communications Center Facility, including but not limited to: building maintenance, employee payroll, and telephone /computer /equipment purchases and maintenance, shall be borne by the City. SECTION 4 AGREEMENT TERM 4.1 This Contract is for a term of one calendar year commencing January 1, 2016 and terminating at midnight on December 31, 2016. SECTION 5 COST OF SERVICE 5.1 The City shall maintain a record of the Fire District alarm calls. The City shall charge for each alarm call as stated herein. The base cost per alarm call for the contract period shall be the cost per alarm determined from the full preceding calendar year. For the purpose of this contract, the 2016 cost of service is based on the actual number of calls from the full 2014 calendar year, 1044, and shall be Fifty -one dollars and eighteen cents ($51.18) per call, for a total cost for 2016 of $53,431.91. 5.2 To accommodate the Fire District budget cycle, in August of each year the City shall provide, in writing, the cost for fire communication services for the next budget year. The number of alarm calls billed will be based on the calls from the preceding year alarm calls handled by the City for the Fire District multiplied by the cost per run rate applicable for the respective year. 5.3 The Fire District shall be billed in January of each year for fire communication services during that calendar year. Payment shall be received within ninety (90) days after billing by the City. Payment shall be made to Yakima City Treasurer, 129 North 2 Street, Yakima, Washington. 5.4 In the event the response protocol to alarm calls is significantly altered, both parties agree that this agreement shall be opened to reconsider the Cost of Service formula under the new conditions of dispatching alarm calls. SECTION 6 TERMINATION OF AGREEMENT 6.1 Either party may terminate this Agreement, with or without cause. However, no such termination may be effected unless the other party is given sixty (60) days written notice of termination. SECTION 7 INDEMNIFICATION 7.1 The Fire District agrees to defend, indemnify, and hold harmless the City, its elected officials, agents, officers, employees, agents and volunteers (hereinafter "parties protected ") from (1) claims, demands, liens, lawsuits, administrative and other proceedings (including reasonable costs and attorney's fees), and (2) judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind claimed by third parties arising out of, or related to any death, injury, damage or destruction to any person or any property to the extent caused by any negligent act, action, default, error or omission or willful misconduct arising out of the Fire District's performance under this Agreement. In the event that any lien is placed upon the City's property or any of the City's officers, employees or agents as a result of the negligence or willful misconduct of the Fire District, the Fire District shall at once cause the same to be dissolved and discharged by giving bond or otherwise. 2 of 5 7.2 The City agrees to indemnify and hold the Fire District harmless from loss, cost, or expense of any kind claimed by third parties, including without limitation such loss, cost, or expense resulting from injuries to persons or damages to property, caused solely by the negligence or willful misconduct of the City, its employees, or agents in connection with this Agreement. 7.3 If the negligence or willful misconduct of both the Fire District and the City (or a person identified above for whom each is liable) is a cause of such third party claim, the loss, cost, or expense shall be shared between the Fire District and the City in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity will apply for such proportion. 7.4 Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 7.5 Liability of Yakima. The City shall not be liable to the Fire District, its elected officials, officers, employees, and agents for failure to provide, or delays in providing, services herein, if due to any cause beyond the City of Yakima'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 adverse to the City of Yakima or this Contract. SECTION 8 EQUAL EMPLOYMENT and NONDISCRIMINATION 8.1 During the performance of this Agreement, the Fire District and Fire District's subconsultants and subcontractors shall not discriminate in violation of any applicable federal, state and /or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. The Fire District agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. SECTION 9 INSURANCE 9.1 It is understood that the City does not maintain liability insurance for the Fire District and /or their employees. SECTION 10 ASSIGNMENT 10.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This Agreement may not be assigned by the City or the Fire District without prior written consent of the other, which consent will not be unreasonably withheld. It is expressly intended and agreed that no third party beneficiaries are created by this Agreement, and that the rights and remedies provided herein shall inure only to the benefit of the parties to this Agreement. SECTION 11 SEVERABILITY 11.1 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 3 of 5 enforced as if the Agreement did not contain the particular provision held to be invalid. 11.2 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. SECTION 12 INTEGRATION 12.1 This Agreement represents the entire understanding of the City and the Fire District as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties. SECTION 13 DISPUTE RESOLUTION 13.1 In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If either of the afore mentioned methods are not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented. SECTION 14 REPRESENTATIONS & WARRANTIES 14.1 The District acknowledges that it has not been induced to enter into this Contract by any representation or statements, oral or written, not expressly contained herein or expressly incorporated by reference. 14.2 The City of Yakima makes no representations, warranties, or guaranties, express or implied, other than the express representations, warranties, and guaranties contained in this Contract. 14.3 Governing Law. This contract shall be governed by and construed in accordance with the laws of the State of Washington. 14.4 Venue. The venue for any action to enforce or interrupt this Contract shall lie in the Superior Court of Washington for Yakima County Washington. 14.5 Signature. The person(s) executing this Contract on behalf of the District represents and warrants that he or she has been fully authorized by the governing body of the District to execute this Contract on its behalf and to legally bind the District to all the terms, performances and provisions of this Contract. SECTION 15 NOTICE 15.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at the address set forth below. Notice shall be considered issued and effective upon receipt thereof by the addressee - party, or seventy -two (72) hours after mailing by certified mail to the place of business set forth below, whichever is earlier. CITY: City of Yakima 129 N. 2nd Street 4 of 5 Yakima, WA 98901 Attn: City Manager FIRE DISTRICT: Yakima County Fire District No. 4 2003 Beaudry Rd. Yakima, WA 98901 Attn: Chief A copy of this Agreement shall be recorded with the Yakima County Auditor or published on each party's web site as authorized by law. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective authorized officers or representatives as of the day and year first above written. CITY OF YAKIMA YAKIMA COUNTY FIRE DISTRICT NO. 4 Jeff Cutter Signature Printed Name:. Printed Name: Title: Interim City Manager Title: Date: Date: Attest Attest City Clerk Title: 5 of 5