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HomeMy WebLinkAbout04/07/2015 05H Police & Fire Dispatch Communications Services w Union Gap PD, City of Selah FD no. 2, and Yakima County Fire Dists.BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.H. For Meeting of: April 7, 2015 ITEM TITLE: Resolution authorizing contracts with Union Gap Police and Yakima County Fire Districts for SunComm dispatch services SUBMITTED BY: Bradley D. Coughenour, Public Safety Communications Manager, 576-6340 SUMMARY EXPLANATION: These contracts are for the dispatch services SunComm performs for the Union Gap Police Department and the Yakima County Fire Protection Districts No.'s 1, 2, 3, 4, 6, 9, 12, and 14 in order to provide uninterrupted dispatch communication services to these public safety agencies. These contracts outline the responsibilities of SunComm and the departments and districts. The term of the contract is for a period of two years commencing on January 1, 2015 and ending December, 31, 2016, with the exception of District 4 which will end December 31, 2015. These contracts include a 5% increase in fees to meet the personnel and future operational costs of the new communications center. Fiscally these contracts provide approximately one-third of the revenue to fund personnel and equipment needs for dispatch operations. These contracts are necessary to collect revenue for the purpose of partially funding the personnel and equipment necessary for public safety dispatching. Resolution: X Ordinance: Other (Specify): Attached Contract: Contract Term: Start Date: End Date: Item Budgeted: Yes Amount: $248,000.00 Funding Source/Fiscal Impact: This revenue funding source provides approximaetly one-third of the revenue for dispatch services. Strategic Priority: Public Safety Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: Staff recommends approval. ATTACHMENTS: Description El resolution dispatch contracts 1-11 Union Gap Police Agreement 1-11 City of Selah FD Agreement 1-11 FD 1 1-11 FD 3 ▪ FD 4 ▪ FD 6 ▪ FD 9 ▪ FD 12 ▪ FD 14 City Manager Upload Date 3/31/2015 3/30/2015 3/30/2015 3/30/2015 3/30/2015 3/30/2015 3/30/2015 3/30/2015 3/36/2615 3/30/2015 Type Cover Memo Contract Contract Contract Contract Contract Contract Contract Contract Contract RESOLUTION NO. R -2015- A RESOLUTION authorizing the City Manager to execute Police and Fire Dispatch Communication Services Contracts with Union Gap Police Department, City of Selah FD No. 2, and Yakima County Fire Protection District No.'s 1, 3, 4, 6, 9, 12, and 14 for the provision of dispatch services and extending the term of each Agreement as indicated therein. WHEREAS, the City of Yakima has been providing dispatch services to the Union Gap Police Department and the Fire Protection Districts through the Fire Communications Services Contract 2014-2015; and WHEREAS, the City of Yakima has heretofore provided dispatching services to the cities and districts for the purpose of handling and processing law enforcement, fire, alarm, and emergency calls; and WHEREAS, the City of Yakima, the City of Union Gap, the City of Selah FD No. 2 and the Yakima County Fire Protection District No.'s 1, 3, 6, 9, 12, and 14 desire to enter into the attached and incorporated Police and Fire Communications Contracts for 2015-2016, expiring December 31, 2016; and WHEREAS, the City of Yakima and Yakima County Fire Protection District No. 4 desire to enter into the attached and incorporated Fire Communications Contract for 2015, expiring December 31, 2015; and WHEREAS, the City Council deems it to be in the best interest of the City to renew the dispatch services contracts 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 2015-2016 Police and Fire Communications Services Contract with City of Union Gap, City of Selah, and Yakima County Yakima County Fire Protections Districts No.'s 1, 3, 4, 6, 9, 12, and 14, as well as the 2015 Police and Fire Communications Services Contract with Yakima County Fire Protection District No. 4 for the provision of dispatch services for the periods set forth in the Contracts attached hereto and incorporated herein by this reference. ADOPTED BY THE CITY COUNCIL this day of April, 2015. Micah Cawley, Mayor ATTEST: City Clerk POLICE COMMUNICATIONS SERVICES CONTRACT THIS POLICE COMMUNICATIONS SERVICES CONTRACT, (hereafter the "Contract") is made and entered into by and between the City of Yakima (hereinafter "Yakima") and the City of Union Gap (hereinafter the "User Agency"). WITNESS ETH WHEREAS, Yakima has the ability to provide dispatching services to the User Agency for the handling and processing of emergency and non- emergency incidents and traffic stops; WHEREAS, Yakima and the User Agency, desire to enter into a contract for such services; NOW, THEREFORE, pursuant to RCW 39.34 and the mutual covenants, promises, and agreements set forth herein, it is agreed by and between Yakima and the User Agency as follows: SunComm 9-1-1 Communications Center. Yakima shall continue to operate a central facility to be known as the SunComm 9-1-1 Communications Center and shall use the same for the purpose of receiving police incidents from the area served by the User Agency, and shall dispatch police units in answer to any such emergency incidents, shall monitor the activity of the User Agency's police units for traffic stops and for other related business. 2. Authority of Dispatch Center. It is agreed that the duty of operating the SunComm 9-1-1 Communications Center and the complete management thereof is vested in Yakima and that Yakima shall have the full, complete, and exclusive authority to operate and manage such SunComm 9-1-1 Communications Center, including, but not limited to, the authority to hire and fire employees for such office. 3. Expense of Maintenance and Operation. The expense of continued maintenance and operation of the SunComm 9-1-1 Communications 3/30/2015 1 of 7 2015-16 UGPD Dispatch Contract.docx 033015.docx Center, including the expense of operating all telephone lines terminating at the SunComm 9-1-1 Communications Center, and including the maintenance of equipment located within the SunComm 9-1-1 Communications Center shall be borne by Yakima. 4. Policies and Procedures. Yakima and the User Agency shall jointly develop policies and procedures for processing the User Agency's activities. While some custom policies and/or procedures will be accommodated, due consideration shall be made to standardization whenever possible. 5. After Hours, Non -Emergency Call Handling. The SunComm 9-1-1 Communications Center shall provide a telephone number for the User Agency to transfer their non -emergency, main business telephone number to for coverage after the User Agency's business hours. Normally this shall be from 1700 hours to 0800 daily, weekends and federally observed holidays. The Communications Center shall process the dispatch -able calls received and shall advise callers with non -emergency business inquiries to call back during the User Agency's normal operating hours. 6. Warrants, Stolen Vehicles, Runaways, NOC's. The SunComm 9-1- 1 Communications Center shall maintain the User Agency's law enforcement records. The Communications Center shall work with the User Agency, following established policies and procedures, for processing these records outside of the User Agency's business hours. 7. Definitions. An incident to be charged for under the terms of this Contract is defined as follows: An incident is defined as: A call requiring the dispatch of police unit(s) from the User Agency. Any number of vehicles from the User Agency may answer any such incident. All communications dealing with such incident shall be deemed as one (1) incident. 2. An Officer Initiated Event is defined as: A User Agency police unit informs dispatch they are taking an action that requires a 3/30/2015 2 of 7 2015-16 UGPD Dispatch Contract.docx 033015.docx dispatch record. This excludes such non -emergency activity such as; taking lunch, out at station, out with a citizen that does not create any additional actions by dispatch. Actions that require wants/warrant checks, case numbers, etc. do qualify as an Officer Initiated event and is billable. 3. Traffic Stop is defined as: An officer initiating an incident that strictly involves stopping a vehicle for a traffic violation. 8. Term of Contract. This Contract is for a term of two (2) calendar years commencing January 1, 2015 and terminating at midnight on December 31, 2016. 9. Cost of Service. Yakima shall maintain a record of all the User Agency's incidents, including traffic stops and officer initiated events and Yakima shall charge the User Agency for each incident as stated herein. The base cost per alarm call for the contract period shall be the cost per alarm determined by the number of alarm calls from the proceeding calendar year beginning 2013. Cost of ten dollars and eighty-six cents ($10.86) for dispatch or officer initiated incidents other than traffic stops. The base cost for traffic stops in calendar year 2013 shall be five dollars and forty-four cents ($5.44). The cost per alarm call for each subsequent year of the contract shall be increased effective January 1 of each year for the contract term to an amount equal to the previous calendar year cost per dispatch, officer initiated event and traffic stops plus the previous year's cost per call multiplied by five percent (5%). To accommodate the User Agency's budget cycle Yakima shall provide, in writing, by August of each year governed by this contract, the cost for dispatch services for the next budget year. The numbers will be based on the proceeding year's incidents and traffic stops handled by Yakima for the User Agency, multiplied by the cost per run rate applicable for the respective year. 3/30/2015 3 of 7 2015-16 UGPD Dispatch Contract.docx 033015.docx 10.Quarterly Payments. The User Agency shall be billed the first of each calendar quarter for dispatch services during that calendar year. The User Agency shall pay for each quarter's billing for services within thirty (30) days after billing by Yakima. Payment shall be made to Yakima City Treasurer, 129 North 2" Street, Yakima, Washington. 11 Early Termination of Contract. Any party hereto may terminate this Contract, with or without cause, by providing sixty (60) days written notice of termination to each of the parties to this Contract. 12.Liability of Yakima. Yakima shall not be liable to the User Agency, 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. 13. Indemnification/Promise Not to Sue I. The User Agency agrees to hold harmless, indemnify, protect, and defend Yakima, its elected officials, officers, employees, and agents from and against 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) that result from or arise out of the sole negligence or intentionally wrongful acts or omissions of the User Agency, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of this Contract. 2. In the event that the officials, officers, agents, and/or employees of both Yakima and the User Agency 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 attorney's fees). 3/30/2015 4 of 7 2015-16 UGPD Dispatch Contract.docx 033015.docx 3. Nothing contained in this Section or this Contract shall be construed to create a liability or right of indemnification in any third party. 14. Nondiscrimination Provision. During the performance of this Contract, Yakima shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed marital status, political affiliation, or the presence of any sensory, mental or physical handicap. 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, and selection for training. 15. No Insurance. It is understood Yakima does not maintain liability insurance for the User Agency and/or their employees. 16. Assignment. This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part to any other person or entity without the prior written consent of Yakima. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities the User Agency stated herein. 1 7. Severability 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 enforced as if the Agreement did not contain the particular provision held to be invalid. 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. 3/30/2015 5 of 7 2015-16 UGPD Dispatch Contract.docx 033015.docx 18. Integration. This written document constitutes the entire agreement between Yakima and the User Agency. There are no other oral or written agreements between the parties as to the subjects covered herein. No changes or additions to this Contract shall be valid or binding upon either party unless such change or addition be in writing and executed by all parties. 19. Representations & Warranties 1. The User Agency 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. 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. 20. Governing Law. This contract shall be governed by and construed in accordance with the laws of the State of Washington. 21. Venue. The venue for any action to enforce or interrupt this Contract shall lie in the Superior Court of Washington for Yakima County Washington. 22. Signature. The person executing this Contract on behalf of the User Agency represents and warrants that he or she has been fully authorized by the governing body of the User Agency to execute this Contract on its behalf and to legally bind the User Agency to all the terms, performances and provisions of this Contract. A copy of this Agreement shall be recorded with the Yakima County Auditor. 3/30/2015 6 of 7 2015-16 UGPD Dispatch Contract.docx 033015.docx IN WITNESS WHEREOF, the parties have set their hands and seals. CITY OF YAKIMA CITY OF IJ ION GAP Tony O'Rourke, City Manager Date: Title: Date: ATTEST: ATTEST: City Clerk Contract No. 12/4/2014 Contract No. Fire Communications Service Contract FIRE COMMUNICATIONS SERVICES CONTRACT THIS FIRE COMMUNICATIONS SERVICES CONTRACT, (hereafter the "Contract") is made and entered into by and between the City of Yakima (hereinafter "Yakima") and the City of Selah ( Fire District No. 2) (hereinafter the "City"), and Yakima County Fire Protection Districts No.'s 1, 3, 4, 6, 9, 12, and 14 (hereinafter collectively referred to as the "Districts"). WITNESSETH WHEREAS, Yakima has heretofore provided dispatching services to the Cities and the Districts for the handling and processing of fire, alarm, and emergency calls. WHEREAS, Yakima, the City, and the Districts desire to enter into a new contract for the continuation of such services. NOW, THEREFORE, pursuant to RCW 39.34 and the mutual covenants, promises, and agreements set forth herein, it is agreed by and between Yakima, the City, and the Districts as follows: SunComm 9-1-1 Communications Center. Yakima shall continue to operate a central facility to be known as SunComm 9-1-1 Communications Center and shall use the same facility for the purpose of receiving fire and emergency service calls from the respective areas served by all of the parties hereto, and shall dispatch fire apparatus of the appropriate party in answer to any such fire or emergency calls and for the purpose of receiving and transmitting mutual aid calls among the various parties hereto and for other related business. 2. Authority of Dispatch Center. It is agreed that the duty of operating the SunComm 9-1-1 Communications Center and the complete management thereof is vested in Yakima and that Yakima shall have the full, complete, and exclusive authority to 11,pd2k6\Shared\CommDiv1Manager1Contracts1Dispatch Contracts1Dispatch contracts\2015-16 Contracts12015 Final Contact\2015-2016 Selah FD 2 Dispatch Contract 033015.docx Fire Communications Service Contract operate and manage such SunComm 9-1-1 Communications Center, including, but not limited to, the authority to hire and fire employees for such office. Expense of Maintenance and Operation. The expense of continued maintenance and operation of the SunComm 9-1-1 Communications Center, including the expense of building maintenance, operation, maintenance, and purchase of 911 customer premise equipment (CPE), telephone lines terminating at the SunComm 9-1-1 Communications Center, and including the maintenance of public safety communications equipment located within the SunComm 9-1-1 Communications Center belonging to the Districts and/or Cities shall be borne by Yakima. Term of Contract. This Contract is for a term of two (2) calendar years commencing January 1, 2015 and terminating at midnight on December 31, 2016.. In the event that the method of response to alarm calls is significantly altered, such as tiered emergency medical response, all parties agree that this agreement shall be opened to reconsider the Cost of Service formula under the new conditions of dispatching alarm calls. Cost of Service. Yakima shall maintain a record of all the Districts' and City' alarm calls and each District and the City shall. be charged by Yakima for each call as stated herein. The base cost per alarm call for the contract period shall be the cost per alarm in calendar year 2013.of Forty-eight dollars and seventy four cents ($48.74). The cost per alarm call for each subsequent year of the contract shall be increased effective January 1 of each year for the contract term to an amount equal to the previous calendar year cost per alarm plus the previous year's cost per call multiplied by the percentage given below: Contract Year 2015 — increase 5% - $48.74 \\pd2k6\Shared\CommDiv\Manager\Contracts\Dispatch Contracts\Dispatch contracts\2015-16 Contracts\2015 Final Contact12015-2016 Selah FD 2 Dispatch Contract 033015.docx Fire Communications Service Contract Contract Year 2016 — increase 5% - $51.18 To accommodate each district and the City's budget cycle Yakima shall provide, in writing, by August of each year governed by this contract, the cost for dispatch services for the next budget year. The numbers will be based on the 2013 and 2014 alarm calls handled by Yakima for each District and the City of Selah, multiplied by the cost per run rate applicable for the respective year. 6. Payment for Alarm Calls. Each District and the City of Selah shall be billed in January of each year for dispatch services during that calendar year. Each District and the City shall pay for each year's billing for alarm services within ninety (90) days after billing by Yakima. Payment shall be made to Yakima City Treasurer, 129 North 2nd Street, Yakima, Washington. 7 Definition of Alarm Calls. A call to be charged for under the terms of this Contract is defined as follows: A. An alarm call is defined as: a call requiring the dispatch of equipment from any of the Districts or the Cities. Any number of vehicles from the responsible Districts or Cities may answer any such alarm call. All communications dealing with such alarm call shall be deemed as (1) alarm call. B. Mutual Aid. In the event an individual District or Selah requests mutual aid, it shall pay for each additional alarm call it requests. Early Termination of Contract. Any party hereto may terminate this Contract, with or without cause, by providing sixty (60) days written notice of termination to each of the parties to this Contract. The Contract shall remain in full force and effect with regard to all remaining parties who have not exercised early contract termination pursuant to this clause. \\pd2k61Shared\CommDiv\Manager\Contracts\Dispatch Contracts\Dispatch contracts12015-16 Contracts\2015 Final Contact\2015-2016 Selah FD 2 Dispatch Contract 033015.docx Fire Communications Service Contract 9. Liability of Yakima. Yakima shall not be liable to the Districts or the City, their 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. 10. INDEMNIFICATION/PROMISE NOT TO SUE. A. The Districts and City agree to hold harmless, indemnify, protect, and defend Yakima, its elected officials, officers, employees, and agents from and against 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) that result from or arise out of the sole negligence or intentionally wrongful acts or omissions of the Districts and/or the City, their elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of this Contract. B. In the event that the officials, officers, agents, and/or employees of Yakima and the Districts and/or the City 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 attorney's fees). C. Nothing contained in this Section or this Contract shall be construed to create a liability or right of indemnification in any third party. 11. Nondiscrimination Provision. During the performance of this Contract, Yakima shall not discriminate on the basis of race, age, \1pd2k61Shareci1CommDiv\Manager1Contracts‘Dispatch Contracts1Dispatch contracts\2015-16 Contracts12015 Final Contact‘2015-2016 Selah FD 2 Dispatch Contract 033015.docx Fire Communications Service Contract color, sex, religion, national origin, creed marital status, political affiliation, or the presence of any sensory, mental or physical handicap. 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, and selection for training. 12. No Insurance. It is understood Yakima does not maintain liability insurance for the Districts and Cities and/or their employees. 13. Assignment. This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part to any other person or entity without the prior written consent of Yakima. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the Districts and the City as stated herein. 14. SEVERABILITY 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 enforced as if the Agreement did not contain the particular provision held to be invalid. 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. 15. Integration. This written document constitutes the entire agreement between Yakima and the Districts and the City. There are no other oral or written agreements between the parties as to the subjects covered herein. No changes or additions to this Contract shall be V1pd2k61SharechCommDiv\ManagenContracts‘Dispatch Contracts‘Dispatch contracts12015-16 Contracts12015 Final Contact12015-2016 Selah FD 2 Dispatch Contract 033015.docx Fire Communications Service Contract valid or binding upon either party unless such change or addition be in writing and executed by all parties. 16. REPRESENTATIONS & WARRANTIES 1. The Districts and the City acknowledge that they have 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. 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. 17. Governing Law. This contract shall be governed by and construed in accordance with the laws of the State of Washington. 18. Venue. The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of Yakima County, Washington. 19. Signature. It is agreed that this Contract may be signed by each District separately in counterparts and the signatures of all Districts and Cities need not be placed on a single document. The person executing this Contract on behalf of each District and the City represents and warrants that he or she has been fully authorized by the governing body of the District or City to execute this Contract on its behalf and to legally bind the Districts and the City to all the terms, performances and provisions of this Contract. A copy of this Agreement shall be recorded with the Yakima County Auditor or placed on the City of Yakima web site in accord with RCW 39.34.040. 1\pd2k61Shared\CommDivthilanagenContracts\Dispatch Contracts1Dispatch contracts12015-16 Contracts12015 Final Contact\2015-2016 Selah FD 2 Dispatch Contract 033015.docx Fire Communications Service Contract IN WITNESS WHEREOF, the parties have set their hands and seals. CITY OF YAKIMA SELAH FIRE DEPARTMENT NO. 21 By: City Manager Chair, Fire Commissioners ATTEST: ATTEST: City Clerk DATED: 7 of 7 Secreta easurer DATED: Fire Communications Service Contract FIRE COMMUNICATIONS SERVICES CONTRACT THIS FIRE COMMUNICATIONS SERVICES CONTRACT, (hereafter the "Contract") is made and entered into by and between the City of Yakima (hereinafter "Yakima") and the City of Selah (hereinafter the "Cities"), and Yakima County Fire Protection Districts No.'s 1, 3, 4, 6, 9, 12, and 14 (hereinafter collectively referred to as the "Districts"). WITNESS ETH WHEREAS, Yakima has heretofore provided dispatching services to the Cities and the Districts for the handling and processing of fire, alarm, and emergency calls. WHEREAS, Yakima, the City, and the Districts desire to enter into a new contract for the continuation of such services. NOW, THEREFORE, pursuant to RCW 39.34 and the mutual covenants, promises, and agreements set forth herein, it is agreed by and between Yakima, the Cities, and the Districts as follows: 1. SunComm 9-1-1 Communications Center. Yakima shall continue to operate a central facility to be known as SunComm 9- 1-1 Communications Center within the City of Yakima and shall use the same for the purpose of receiving fire and emergency service calls from the respective areas served by all of the parties hereto, and shall dispatch fire apparatus of the appropriate party in answer to any such fire or emergency calls and for the purpose of receiving and transmitting mutual aid calls among the various parties hereto and for other related business. 2. Authority of Dispatch Center. It is agreed that the duty of operating the SunComm 9-1-1 Communications Center and the complete management thereof is vested in Yakima and that Yakima shall have the full, complete, and exclusive authority to 11pd21(61Shared1CommDiv1Manager1Contracts1Dispatch Contracts1Dispatch contracts12015-16 Contracts12015 Final Contact\2015-16 FD 1 34 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract operate and manage such SunComm 9-1-1 Communications Center, including, but not limited to, the authority to hire and fire employees for such office. Expense of Maintenance and Operation. The expense of continued maintenance and operation of the SunComm 9-1-1 Communications Center, including the expense of building maintenance, operation, maintenance, and purchase of 911 customer premise equipment (CPE), telephone lines terminating at the SunComm 9-1-1 Communications Center, and including the maintenance of public safety communications equipment located within the SunComm 9-1-1 Communications Center belonging to the Districts and/or Cities shall be borne by Yakima. 4. Term of Contract. This Contract is for a term of two (2) calendar years commencing January 1, 2015 and terminating at midnight on December 31, 2016. In the event that the method of response to alarm calls is significantly altered, such as tiered emergency medical response, both parties agree that this agreement shall be opened to reconsider the Cost of Service formula under the new conditions of dispatching alarm calls. 5. Cost of Service. Yakima shall maintain a record of all the Districts' and City' alarm calls and each District and each City shall be charged by Yakima for each call as stated herein. The base cost per alarm call for the contract period shall be the cost per alarm from the proceeding calendar year. Cost of services is based on of 2013 calls shall be Forty-eight dollars and seventy four cents ($48.74). The cost per alarm call for each subsequent year of the contract shall be increased effective January 1 of each year for the contract term to an amount equal to the previous calendar year cost per alarm plus the previous year's cost per call multiplied by the percentage given below: 11pd2k61SharedICornmDivkManagerkContracts‘Dispatch Contracts1Dispatch contracts12015-16 Contracts‘2015 Final Contact\2015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract Contract Year 2015 — increase 5% - $48.74 Contract Year 2016 — increase 5% - $51.18 To accommodate each district and each cities' budget cycle Yakima shall provide, in writing, by August of each year governed by this contract, the cost for dispatch services for the next budget year. The numbers will be based on the 2013 and 2014 alarm calls handled by Yakima for each District and the City of Selah, multiplied by the cost per run rate applicable for the respective year. 6. Payment for Alarm Calls. Each District and the City of Selah shall be billed in January of each year for dispatch services during that calendar year. Each District and each of the Cities shall pay for each year's billing for alarm services within ninety (90) days after billing by Yakima. Payment shall be made to Yakima City Treasurer, 129 North 2" Street, Yakima, Washington. 7. Definition of Alarm Calls. A call to be charged for under the terms of this Contract is defined as follows: A. An alarm call is defined as: a call requiring the dispatch of equipment from any of the Districts or the Cities. Any number of vehicles from the responsible Districts or Cities may answer any such alarm call. All communications dealing with such alarm call shall be deemed as (1) alarm call. B. Mutual Aid. In the event an individual District or Union Gap or Selah requests mutual aid, it shall pay for each additional alarm call it requests. Early Termination of Contract. Any party hereto may terminate this Contract, with or without cause, by providing sixty (60) days written notice of termination to each of the parties to this Contract. The Contract shall remain in full force and effect with regard to all remaining parties who have not exercised early contract termination pursuant to this clause. l‘pd2k61Shared‘CommDiv‘ManageriContracts1Dispatch Contracts\Dispatch contracts12015-16 Contracts Final Contact12015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract 9. Liability of Yakima. Yakima shall not be liable to the Districts and Cities, 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. 10. INDEMNIFICATION/PROMISE NOT TO SUE. A. The Districts and Cities agrees to hold harmless, indemnify, protect, and defend Yakima, its elected officials, officers, employees, and agents from and against 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) that result from or arise out of the sole negligence or intentionally wrongful acts or omissions of the Districts and Cities, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of this Contract. B. In the event that the officials, officers, agents, and/or employees of both Yakima and the Districts and Cities 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 attorney's fees). C. Nothing contained in this Section or this Contract shall be construed to create a liability or right of indemnification in any third party. 11. Nondiscrimination Provision. During the performance of this Contract, Yakima shall not discriminate on the basis of race, age, 11pd2k61Shared‘CommDiv\Manager1ContractsIDispatch Contracts\Dispatch contracts12015-16 Contracts12015 Final ContactI2015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract color, sex, religion, national origin, creed marital status, political affiliation, or the presence of any sensory, mental or physical handicap. 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, and selection for training. 12. No Insurance. It is understood Yakima does not maintain liability insurance for the Districts and Cities and/or their employees. 13. Assignment. This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part to any other person or entity without the prior written consent of Yakima. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities the Districts and Cities stated herein, 14. SEVERABILITY 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 enforced as if the Agreement did not contain the particular provision held to be invalid. 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. 15. Integration. This written document constitutes the entire agreement between Yakima and the Districts and Cities. There are no other oral or written agreements between the parties as to the subjects covered herein. No changes or additions to this Contract shall be valid or klpd2k6\Shared‘CommDivIManager\Contracts‘Dispatch Contracts\Dispatch contracts12015-16 Contracts‘2015 Final Contact12015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract binding upon either party unless such change or addition be in writing and executed by all parties. 16. REPRESENTATIONS & WARRANTIES The Districts and Cities 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. 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. 17. Governing Law. This contract shall be governed by and construed in accordance with the laws of the State of Washington. 18. Venue. The venue for any action to enforce or interrupt this Contract shall lie in the Superior Court of Washington for Yakima County Washington. 19. Signature. It is agreed that this Contract may be signed by each District separately and the signatures of all Districts and Cities need not be placed on a single document. The person executing this Contract on behalf of the District or City represents and warrants that he or she has been fully authorized by the governing body of the District or City to execute this Contract on its behalf and to legally bind the Districts and Cities to all the terms, performances and provisions of this Contract. A copy of this Agreement shall be recorded with the Yakima County Auditor. 11,pd2k6kShared‘CommDiviManager1Contracts1Dispatch Contracts\Dispatch contracts12015-16 Contracts12015 Final Contact12015-16 FD 1 3 469 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract IN WITNESS WHEREOF, the parties have set their hands and seals. CITY OF YAKIMA YAKIMA COUNTY FIRE DISTRICT #1 By: By: City Manager ATTEST: ATTEST: City Clerk Fire District Secretary DATED: DATED: CITY OF SELAH By: Mayor ATTEST: City Clerk DATED: 7 of 7 Fire Communications Service Contract FIRE COMMUNICATIONS SERVICES CONTRACT THIS FIRE COMMUNICATIONS SERVICES CONTRACT, (hereafter the "Contract") is made and entered into by and between the City of Yakima (hereinafter "Yakima") and the City of Selah (hereinafter the "Cities"), and Yakima County Fire Protection Districts No.'s 1, 3, 4, 6, 9, 12, and 14 (hereinafter collectively referred to as the "Districts"). WITNESSETH WHEREAS, Yakima has heretofore provided dispatching services to the Cities and the Districts for the handling and processing of fire, alarm, and emergency calls. WHEREAS, Yakima, the City, and the Districts desire to enter into a new contract for the continuation of such services. NOW, THEREFORE, pursuant to RCW 39.34 and the mutual covenants, promises, and agreements set forth herein, it is agreed by and between Yakima, the Cities, and the Districts as follows: SunComm 9-1-1 Communications Center. Yakima shall continue to operate a central facility to be known as SunComm 9- 1-1 Communications Center within the City of Yakima and shall use the same for the purpose of receiving fire and emergency service calls from the respective areas served by all of the parties hereto, and shall dispatch fire apparatus of the appropriate party in answer to any such fire or emergency calls and for the purpose of receiving and transmitting mutual aid calls among the various parties hereto and for other related business. 2. Authority of Dispatch Center. It is agreed that the duty of operating the SunComm 9-1-1 Communications Center and the complete management thereof is vested in Yakima and that Yakima shall have the full, complete, and exclusive authority to Wpd2k6\Shared‘CommDiv\Manager1Contracts‘Dispatch ContractsMispatch contractsk2015-16 Contracts\2015 Final Contact12015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract operate and manage such SunComm 9-1-1 Communications Center, including, but not limited to, the authority to hire and fire employees for such office. Expense of Maintenance and Operation. The expense of continued maintenance and operation of the SunComm 9-1-1 Communications Center, including the expense of building maintenance, operation, maintenance, and purchase of 911 customer premise equipment (CPE), telephone lines terminating at the SunComm 9-1-1 Communications Center, and including the maintenance of public safety communications equipment located within the SunComm 9-1-1 Communications Center belonging to the Districts and/or Cities shall be borne by Yakima. 4. Term of Contract. This Contract is for a term of two (2) calendar years commencing January 1, 2015 and terminating at midnight on December 31, 2016. In the event that the method of response to alarm calls is significantly altered, such as tiered emergency medical response, both parties agree that this agreement shall be opened to reconsider the Cost of Service formula under the new conditions of dispatching alarm calls. 5. Cost of Service. Yakima shall maintain a record of all the Districts' and City' alarm calls and each District and each City shall be charged by Yakima for each call as stated herein. The base cost per alarm call for the contract period shall be the cost per alarm from the proceeding calendar year. Cost of services is based on of 2013 calls shall be Forty-eight dollars and seventy four cents ($48.74). The cost per alarm call for each subsequent year of the contract shall be increased effective January 1 of each year for the contract term to an amount equal to the previous calendar year cost per alarm plus the previous year's cost per call multiplied by the percentage given below: 11pd2k61Shared\CommDiv1Manager1Contracts1Dispatch Contracts\Dispatch contracts\2015-16 Contracts\2015 Final Contact12015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract Contract Year 2015 — increase 5% - $48.74 Contract Year 2016 — increase 5% - $51.18 To accommodate each district and each cities' budget cycle Yakima shall provide, in writing, by August of each year governed by this contract, the cost for dispatch services for the next budget year. The numbers will be based on the 2013 and 2014 alarm calls handled by Yakima for each District and the City of Selah, multiplied by the cost per run rate applicable for the respective year. 6. Payment for Alarm Calls. Each District and the City of Selah shall be billed in January of each year for dispatch services during that calendar year. Each District and each of the Cities shall pay for each year's billing for alarm services within ninety (90) days after billing by Yakima. Payment shall be made to Yakima City Treasurer, 129 North 2" Street, Yakima, Washington. 7 Definition of Alarm Calls. A call to be charged for under the terms of this Contract is defined as follows: A. An alarm call is defined as: a call requiring the dispatch of equipment from any of the Districts or the Cities. Any number of vehicles from the responsible Districts or Cities may answer any such alarm call. All communications dealing with such alarm call shall be deemed as (1) alarm call. B. Mutual Aid. In the event an individual District or Union Gap or Selah requests mutual aid, it shall pay for each additional alarm call it requests. 8. Early Termination of Contract. Any party hereto may terminate this Contract, with or without cause, by providing sixty (60) days written notice of termination to each of the parties to this Contract. The Contract shall remain in full force and effect with regard to all remaining parties who have not exercised early contract termination pursuant to this clause. 1102k61Shared\CommDivWlanagerIContracts\Dispatch Contracts1Dispatch contracts\2015-16 Contracts\2015 Final Contact12015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract 9. Liability of Yakima. Yakima shall not be liable to the Districts and Cities, 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. 10. INDEMNIFICATION/PROMISE NOT TO SUE. A. The Districts and Cities agrees to hold harmless, indemnify, protect, and defend Yakima, its elected officials, officers, employees, and agents from and against 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) that result from or arise out of the sole negligence or intentionally wrongful acts or omissions of the Districts and Cities, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of this Contract. B. In the event that the officials, officers, agents, and/or employees of both Yakima and the Districts and Cities 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 attorney's fees). C. Nothing contained in this Section or this Contract shall be construed to create a liability or right of indemnification in any third party. 11. Nondiscrimination Provision. During the performance of this Contract, Yakima shall not discriminate on the basis of race, age, klpd2k6ISharechCommDiv\Manager\Contracts1Dispatch Contracts\Dispatch contracts‘2015-16 Contracts‘2015 Final Contact12015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract color, sex, religion, national origin, creed marital status, political affiliation, or the presence of any sensory, mental or physical handicap. 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, and selection for training. 12. No Insurance. It is understood Yakima does not maintain liability insurance for the Districts and Cities and/or their employees. 13. Assignment. This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part to any other person or entity without the prior written consent of Yakima. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities the Districts and Cities stated herein. 14. SEVERABILITY 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 enforced as if the Agreement did not contain the particular provision held to be invalid. 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. 15. Integration. This written document constitutes the entire agreement between Yakima and the Districts and Cities. There are no other oral or written agreements between the parties as to the subjects covered herein. No changes or additions to this Contract shall be valid or \\pd2k61Shared\CornmDivAlanager‘Contracts\Dispatch Contracts‘Dispatch contractsV2015-16 Contracts12015 Final Contact\2015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract binding upon either party unless such change or addition be in writing and executed by all parties. 16. REPRESENTATIONS & WARRANTIES The Districts and Cities 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. 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. 17. Governing Law. This contract shall be governed by and construed in accordance with the laws of the State of Washington. 18. Venue. The venue for any action to enforce or interrupt this Contract shall lie in the Superior Court of Washington for Yakima County Washington. 19. Signature. It is agreed that this Contract may be signed by each District separately and the signatures of all Districts and Cities need not be placed on a single document. The person executing this Contract on behalf of the District or City represents and warrants that he or she has been fully authorized by the governing body of the District or City to execute this Contract on its behalf and to legally bind the Districts and Cities to all the terms, performances and provisions of this Contract. A copy of this Agreement shall be recorded with the Yakima County Auditor. \\pd2k6‘SharediCommDiv1Manager‘Contracts\Dispatch ContractsMispatch contracts12015-16 Contracts12015 Final Contact\2015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract IN WITNESS WHEREOF, the parties have set their hands and seals. CITY OF YAKIMA By: ATTEST: City Manager City Clerk YAKIMA COUNTY FIRE DISTRICT NO. 3 DATED: DATED: Secretary/Treasurer Fire Communications Service Contract FIRE COMMUNICATIONS SERVICES CONTRACT THIS FIRE COMMUNICATIONS SERVICES CONTRACT, (hereafter the "Contract") is made and entered into by and between the City of Yakima (hereinafter "Yakima") and the City of Selah (Fire District No. 2)(hereinafter the "Cities"), and Yakima County Fire Protection Districts No.'s 1, 3, 4, 6, 9, 12, and 14 (hereinafter collectively referred to as the "Districts"). WITNESSETH WHEREAS, Yakima has heretofore provided dispatching services to the Cities and the Districts for the handling and processing of fire, alarm, and emergency calls. WHEREAS, Yakima, the City, and the Districts desire to enter into a new contract for the continuation of such services. NOW, THEREFORE, pursuant to RCW 39.34 and the mutual covenants, promises, and agreements set forth herein, it is agreed by and between Yakima, the Cities, and the Districts as follows: SunComm 9-1-1 Communications Center. Yakima shall continue to operate a central facility to be known as SunComm 9- 1-1 Communications Center within the City of Yakima and shall use the same for the purpose of receiving fire and emergency service calls from the respective areas served by all of the parties hereto, and shall dispatch fire apparatus of the appropriate party in answer to any such fire or emergency calls and for the purpose of receiving and transmitting mutual aid calls among the various parties hereto and for other related business. 2. Authority of Dispatch Center. It is agreed that the duty of operating the SunComm 9-1-1 Communications Center and the complete management thereof is vested in Yakima and that Yakima shall have the full, complete, and exclusive authority to \\pd2k6\Shared\CommDiv\ManagenContracts\Dispatch Contracts\Dispatch contracts12015-16 Contracts12015 Final Contact\2015 FD #4 EVFD Dispatch Contract.docx Final 120414.docx 033015.docx 3/30/2015 1 of 7 Fire Communications Service Contract operate and manage such SunComm 9-1-1 Communications Center, including, but not limited to, the authority to hire and fire employees for such office. Expense of Maintenance and Operation. The expense of continued maintenance and operation of the SunComm 9-1-1 Communications Center, including the expense of building maintenance, operation, maintenance, and purchase of 911 customer premise equipment (CPE), telephone lines terminating at the SunComm 9-1-1 Communications Center, and including the maintenance of public safety communications equipment located within the SunComm 9-1-1 Communications Center belonging to the Districts and/or Cities shall be borne by Yakima. 4. Term of Contract. This Contract is for a term of two (2) calendar years commencing January 1, 2015 and terminating at midnight on December 31, 2015. In the event that the method of response to alarm calls is significantly altered, such as tiered emergency medical response, both parties agree that this agreement shall be opened to reconsider the Cost of Service formula under the new conditions of dispatching alarm calls. 5. Cost of Service. Yakima shall maintain a record of all the Districts' and City' alann calls and each District and each City shall be charged by Yakima for each call as stated herein. The base cost per alarm call for the contract period shall be the cost per alarm from the proceeding calendar year. Cost of services is based on of 2013 calls shall be Forty-eight dollars and seventy four cents ($48.74). The cost per alarm call for each subsequent year of the contract shall be increased effective January 1 of each year for the contract term to an amount equal to the previous calendar year cost per alarm plus the previous year's cost per call multiplied by the percentage given below: Contract Year 2015 — increase 5% - $48.74 \\pd2k6\Shared\CommDiv\Manager\Contracts\Dispatch Contracts\Dispatch contracts\2015-16 Contracts\2015 Final Contach2015 FD #4 EVFD Dispatch Contract.docx Final 120414.docx 033015.docx 3/30/2015 2 of 7 Fire Communications Service Contract To accommodate each district and each cities' budget cycle Yakima shall provide, in writing, by August of each year governed by this contract, the cost for dispatch services for the next budget year. The numbers will be based on the 2013 and 2014 alarm calls handled by Yakima for each District and the City of Selah, multiplied by the cost per run rate applicable for the respective year. 6. Payment for Alarm Calls. Each District and the City of Selah shall be billed in January of each year for dispatch services during that calendar year. Each District and each of the Cities shall pay for each year's billing for alarm services within ninety (90) days after billing by Yakima. Payment shall be made to Yakima City Treasurer, 129 North 2" Street, Yakima, Washington. 7. Definition of Alarm Calls. A call to be charged for under the terms of this Contract is defined as follows: A. An alarm call is defined as: a call requiring the dispatch of equipment from any of the Districts or the Cities. Any number of vehicles from the responsible Districts or Cities may answer any such alarm call. All communications dealing with such alarm call shall be deemed as (1) alarm call. B. Mutual Aid. In the event an individual District or Union Gap or Selah requests mutual aid, it shall pay for each additional alarm call it requests. 8. Early Termination of Contract. Any party hereto may terminate this Contract, with or without cause, by providing sixty (60) days written notice of termination to each of the parties to this Contract. The Contract shall remain in full force and effect with regard to all remaining parties who have not exercised early contract termination pursuant to this clause. 9. Liability of Yakima. Yakima shall not be liable to the Districts and Cities, its elected officials, officers, employees, and agents for failure to provide, or delays in providing, services herein, if due to any cause \\pd2k6\Shared\CommDiv\Manager\Contracts\Dispatch Contracts\Dispatch contracts\2015-16 Contracts\2015 Final Contact\2015 FD #4 EVFD Dispatch Contract.docx Final 120414.docx 033015.docx 3/30/2015 3 of 7 Fire Communications Service Contract 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. 10. INDEMNIFICATION/PROMISE NOT TO SUE. A. The Districts and Cities agrees to hold harmless, indemnify, protect, and defend Yakima, its elected officials, officers, employees, and agents from and against 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) that result from or arise out of the sole negligence or intentionally wrongful acts or omissions of the Districts and Cities, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of this Contract. B. In the event that the officials, officers, agents, and/or employees of both Yakima and the Districts and Cities 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 attorney's fees). C. Nothing contained in this Section or this Contract shall be construed to create a liability or right of indemnification in any third party. 11. Nondiscrimination Provision. During the performance of this Contract, Yakima shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: Employment, upgrading, demotion, transfer, recruitment, \\pd2k6\Shared\CommDiv\Manager\Contracts\Dispatch Contracts \Dispatch contracts12015-16 Contracts \2015 Final Contact\2015 FD #4 EVFD Dispatch Contract.docx Final 120414.docx 033015.docx 3/30/2015 4 of 7 Fire Communications Service Contract advertising, layoff, or termination, rates of pay or other forms of compensation, and selection for training. 12. No Insurance. It is understood Yakima does not maintain liability insurance for the Districts and Cities and/or their employees. 13. Assignment. This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part to any other person or entity without the prior written consent of Yakima. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities the Districts and Cities stated herein. 14. SEVERABILITY 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 enforced as if the Agreement did not contain the particular provision held to be invalid. 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. 15. Integration. This written document constitutes the entire agreement between Yakima and the Districts and Cities. There are no other oral or written agreements between the parties as to the subjects covered herein. No changes or additions to this Contract shall be valid or binding upon either party unless such change or addition be in writing and executed by all parties. 16. REPRESENTATIONS & WARRANTIES \\;x12k6\Shared\CommDiv\Manager\Contracts\Dispatch Contracts\Dispatch contracts12015-16 Contractsl2015 Final Contach2015 FD #4 EVFD Dispatch Contract.docx Final 120414.docx 033015.docx 3/30/2015 5 of 7 2. Fire Communications Service Contract The Districts and Cities 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. 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. 17. Governing Law. This contract shall be governed by and construed in accordance with the laws of the State of Washington. 18. Venue. The venue for any action to enforce or interrupt this Contract shall lie in the Superior Court of Washington for Yakima County Washington. 19. Signature. It is agreed that this Contract may be signed by each District separately and the signatures of all Districts and Cities need not be placed on a single document. The person executing this Contract on behalf of the District or City represents and warrants that he or she has been fully authorized by the governing body of the District or City to execute this Contract on its behalf and to legally bind the Districts and Cities to all the terms, performances and provisions of this Contract. A copy of this Agreement shall be recorded with the Yakima County Auditor. \\pd2k6\Shared\CommDiv\Manager\Contracts\Dispatch Contracts\Dispatch contracts\2015-16 Contracts\2015 Final Contact\2015 FD #4 EVFD Dispatch Contract.docx Final 120414.docx 033015.docx 3/30/2015 6 of 7 Fire Communications Service Contract IN VV TNESS WHEREOF, the parties have set their hands and seals. CITY OF YAKIMA By: City Manager VAKIMA COUNTY FIRE DISTRICT NO. 4 ATTEST: ATTEST: City Clerk air, Fire Conimissioners 7 of 7 Fire Communications Service Contract FIRE COMMUNICATIONS SERVICES CONTRACT THIS FIRE COMMUNICATIONS SERVICES CONTRACT, (hereafter the "Contract") is made and entered into by and between the City of Yakima (hereinafter "Yakima") and the City of Selah (hereinafter the "Cities"), and Yakima County Fire Protection Districts No.'s 1, 3, 4, 6, 9, 12, and 14 (hereinafter collectively referred to as the "Districts"). WITNESSETH WHEREAS, Yakima has heretofore provided dispatching services to the Cities and the Districts for the handling and processing of fire, alarm, and emergency calls. WHEREAS, Yakima, the City, and the Districts desire to enter into a new contract for the continuation of such services. NOW, THEREFORE, pursuant to RCW 39.34 and the mutual covenants, promises, and agreements set forth herein, it is agreed by and between Yakima, the Cities, and the Districts as follows: SunComm 9-1-1 Communications Center. Yakima shall continue to operate a central facility to be known as SunComm 9- 1-1 Communications Center within the City of Yakima and shall use the same for the purpose of receiving fire and emergency service calls from the respective areas served by all of the parties hereto, and shall dispatch fire apparatus of the appropriate party in answer to any such fire or emergency calls and for the purpose of receiving and transmitting mutual aid calls among the various parties hereto and for other related business. 2. Authority of Dispatch Center. It is agreed that the duty of operating the SunComm 9-1-1 Communications Center and the complete management thereof is vested in Yakima and that Yakima shall have the full, complete, and exclusive authority to 11pd2k61Shared1CommDiv1ManagerIContractsIDispatch Contracts1Dispatch contracts12015-16 Contracts12015 Final Contact12015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract operate and manage such SunComm 9-1-1 Communications Center, including, but not limited to, the authority to hire and fire employees for such office. Expense of Maintenance and Operation. The expense of continued maintenance and operation of the SunComm 9-1-1 Communications Center, including the expense of building maintenance, operation, maintenance, and purchase of 911 customer premise equipment (CPE), telephone lines terminating at the SunComm 9-1-1 Communications Center, and including the maintenance of public safety communications equipment located within the SunComm 9-1-1 Communications Center belonging to the Districts and/or Cities shall be borne by Yakima. 4. Term of Contract. This Contract is for a term of two (2) calendar years commencing January 1, 2015 and terminating at midnight on December 31, 2016. in the event that the method of response to alarm calls is significantly altered, such as tiered emergency medical response, both parties agree that this agreement shall be opened to reconsider the Cost of Service formula under the new conditions of dispatching alarm calls. 5. Cost of Service. Yakima shall maintain a record of all the Districts' and City' alarm calls and each District and each City shall be charged by Yakima for each call as stated herein. The base cost per alarm call for the contract period shall be the cost per alarm from the proceeding calendar year. Cost of services is based on of 2013 calls shall be Forty-eight dollars and seventy four cents ($48.74). The cost per alarm call for each subsequent year of the contract shall be increased effective January 1 of each year for the contract term to an amount equal to the previous calendar year cost per alarm plus the previous year's cost per call multiplied by the percentage given below: klpd2 k6kS h a red‘CommD iv \ Ma n age rIC o ntra ctsID is p a tc h Contracts‘Dispatch contracts‘2015-16 Contracts12015 Final Contact12015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract Contract Year 2015 — increase 5% - $48.74 Contract Year 2016 — increase 5% - $51.18 To accommodate each district and each cities' budget cycle Yakima shall provide, in writing, by August of each year governed by this contract, the cost for dispatch services for the next budget year. The numbers will be based on the 2013 and 2014 alarm calls handled by Yakima for each District and the City of Selah, multiplied by the cost per run rate applicable for the respective year. 6. Payment for Alarm Calls. Each District and the City of Selah shall be billed in January of each year for dispatch services during that calendar year. Each District and each of the Cities shall pay for each year's billing for alarm services within ninety (90) days after billing by Yakima. Payment shall be made to Yakima City Treasurer, 129 North 2nd Street, Yakima, Washington. 7 Definition of Alarm Calls. A call to be charged for under the terms of this Contract is defined as follows: A. An alarm call is defined as: a call requiring the dispatch of equipment from any of the Districts or the Cities. Any number of vehicles from the responsible Districts or Cities may answer any such alarm call. All communications dealing with such alarm call shall be deemed as (1) alarm call. B. Mutual Aid. In the event an individual District or Union Gap or Selah requests mutual aid, it shall pay for each additional alarm call it requests. Early Termination of Contract. Any party hereto may terminate this Contract, with or without cause, by providing sixty (60) days written notice of termination to each of the parties to this Contract. The Contract shall remain in full force and effect with regard to all remaining parties who have not exercised early contract termination pursuant to this clause. 11pd2k6IShared1CommDiv1ManagerIContracts1Dispatch Contracts‘Dispatch contracts12015-16 ContractsI2015 Final ContactI2015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract 9. Liability of Yakima. Yakima shall not be liable to the Districts and Cities, 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. 10. INDEMNIFICATION/PROMISE NOT TO SUE. A. The Districts and Cities agrees to hold harmless, indemnify, protect, and defend Yakima, its elected officials, officers, employees, and agents from and against 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) that result from or arise out of the sole negligence or intentionally wrongful acts or omissions of the Districts and Cities, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of this Contract. B. In the event that the officials, officers, agents, and/or employees of both Yakima and the Districts and Cities 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 attorney's fees). C. Nothing contained in this Section or this Contract shall be construed to create a liability or right of indemnification in any third party. 11. Nondiscrimination Provision. During the performance of this Contract, Yakima shall not discriminate on the basis of race, age, Ilpd2k61SharedICommDiv1ManagerIContracts1Dispatch ContractsIDispatch contracts12015-16 Contracts12015 Final Contact12015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract color, sex, religion, national origin, creed marital status, political affiliation, or the presence of any sensory, mental or physical handicap. 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, and selection for training. 12. No Insurance. It is understood Yakima does not maintain liability insurance for the Districts and Cities and/or their employees. 13. Assignment. This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part to any other person or entity without the prior written consent of Yakima. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities the Districts and Cities stated herein. 14. SEVERABILITY 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 enforced as if the Agreement did not contain the particular provision held to be invalid. 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. 115. Integration. This written document constitutes the entire agreement between Yakima and the Districts and Cities. There are no other oral or written agreements between the parties as to the subjects covered herein. No changes or additions to this Contract shall be valid or 11,pd2k6kShared1CommDiv1Manager1Contracts1Dispatch ContractslDispatch contracts12015-16 Contracts12015 Final Contact12015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract binding upon either party unless such change or addition be in writing and executed by all parties. 16. REPRESENTATIONS & WARRANTIES The Districts and Cities 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. 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. 17. Governing Law. This contract shall be governed by and construed in accordance with the laws of the State of Washington. 18. Venue. The venue for any action to enforce or interrupt this Contract shall lie in the Superior Court of Washington for Yakima County Washington. 19. Signature. It is agreed that this Contract may be signed by each District separately and the signatures of all Districts and Cities need not be placed on a single document. The person executing this Contract on behalf of the District or City represents and warrants that he or she has been fully authorized by the governing body of the District or City to execute this Contract on its behalf and to legally bind the Districts and Cities to all the terms, performances and provisions of this Contract. A copy of this Agreement shall be recorded with the Yakima County Auditor. Ilpd2k6kSharediCommDiviManagenContracts1Dispatch Contracts‘Dispatch contracts12015-16 Contractsk2015 Final Contact2015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract IN WITNESS WHEREOF, the parties have set their hands and seals. CITY OF YAKIMA YAKIMA COUNTY FIRE DISTRICT NO. 6 City Manager ATTEST: ATTEST: City Clerk Secretary/Treasurer DATED: DATED: 7 of 7 Fire Communications Service Contract FIRE COMMUNICATIONS SERVICES CONTRACT THIS FIRE COMMUNICATIONS SERVICES CONTRACT, (hereafter the "Contract") is made and entered into by and between the City of Yakima (hereinafter "Yakima") and the City of Selah (hereinafter the "Cities"), and Yakima County Fire Protection Districts No.'s 1, 3, 4, 6, 9, 12, and 14 (hereinafter collectively referred to as the "Districts"). WITNESSETH WHEREAS, Yakima has heretofore provided dispatching services to the Cities and the Districts for the handling and processing of fire, alarm, and emergency calls. WHEREAS, Yakima, the City, and the Districts desire to enter into a new contract for the continuation of such services. NOW, THEREFORE, pursuant to RCW 39.34 and the mutual covenants, promises, and agreements set forth herein, it is agreed by and between Yakima, the Cities, and the Districts as follows: SunComm 9-1-1 Communications Center. Yakima shall continue to operate a central facility to be known as SunComm 9- 1-1 Communications Center within the City of Yakima and shall use the same for the purpose of receiving fire and emergency service calls from the respective areas served by all of the parties hereto, and shall dispatch fire apparatus of the appropriate party in answer to any such fire or emergency calls and for the purpose of receiving and transmitting mutual aid calls among the various parties hereto and for other related business. 2. Authority of Dispatch Center. It is agreed that the duty of operating the SunComm 9-1-1 Communications Center and the complete management thereof is vested in Yakima and that Yakima shall have the full, complete, and exclusive authority to Ilpd2k61Shared1CommDiv1ManagerIContracts1Dispatch ContractsIDispatch contracts12015-16 Contracts12015 Final Contact12015-16 FD 1 34 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract operate and manage such SunComm 9-1-1 Communications Center, including, but not limited to, the authority to hire and fire employees for such office. Expense of Maintenance and Operation. The expense of continued maintenance and operation of the SunComm 9-1-1 Communications Center, including the expense of building maintenance, operation, maintenance, and purchase of 911 customer premise equipment (CPE), telephone lines terminating at the SunComm 9-1-1 Communications Center, and including the maintenance of public safety communications equipment located within the SunComm 9-1-1 Communications Center belonging to the Districts and/or Cities shall be borne by Yakima. 4. Term of Contract. This Contract is for a term of two (2) calendar years commencing January 1, 2015 and terminating at midnight on December 31, 2016. In the event that the method of response to alarm calls is significantly altered, such as tiered emergency medical response, both parties agree that this agreement shall be opened to reconsider the Cost of Service formula under the new conditions of dispatching alarm calls. 5. Cost of Service. Yakima shall maintain a record of all the Districts' and City' alarm calls and each District and each City shall be charged by Yakima for each call as stated herein. The base cost per alarm call for the contract period shall be the cost per alarm from the proceeding calendar year. Cost of services is based on of 2013 calls shall be Forty-eight dollars and seventy four cents ($48.74). The cost per alarm call for each subsequent year of the contract shall be increased effective January 1 of each year for the contract term to an amount equal to the previous calendar year cost per alarm plus the previous year's cost per call multiplied by the percentage given below: Ikpd2k6kShared1CommDiViManager1Contracts1Dispatch Contracts‘Dispatch contracts‘2015-16 Contracts12015 Final ContactI2015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Cornmunications Service Contract Contract Year 2015 — increase 5% - $48.74 Contract Year 2016 — increase 5% - $51.18 To accommodate each district and each cities' budget cycle Yakima shall provide, in writing, by August of each year governed by this contract, the cost for dispatch services for the next budget year. The numbers will be based on the 2013 and 2014 alarm calls handled by Yakima for each District and the City of Selah, multiplied by the cost per run rate applicable for the respective year. 6. Payment for Alarm Calls. Each District and the City of Selah shall be billed in January of each year for dispatch services during that calendar year. Each District and each of the Cities shall pay for each year's billing for alarm services within ninety (90) days after billing by Yakima. Payment shall be made to Yakima City Treasurer, 129 North 2nd Street, Yakima, Washington. 7 Definition of Alarm Calls. A call to be charged for under the ter s of this Contract is defined as follows: A. An alarm call is defined as: a call requiring the dispatch of equipment from any of the Districts or the Cities. Any number of vehicles from the responsible Districts or Cities may answer any such alarm call. Ali communications dealing with such alarm call shall be deemed as (1) alarm call. B. Mutual Aid. In the event an individual District or Union Gap or Selah requests mutual aid, it shall pay for each additional alarm can it requests. 8. Early Termination of Contract. Any party hereto may terminate this Contract, with or without cause, by providing sixty (60) days written notice of termination to each of the parties to this Contract. The Contract shall remain in full force and effect with regard to all remaining parties who have not exercised early contract termination pursuant to this clause. 11pd2k61Shared‘ComnaDiv anagerlContracts‘Dispatch Contracts\Dispatch contracts12015-16 Contracts12015 Final ContactI2015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract 9. Liability of Yakima. Yakima shall not be liable to the Districts and Cities, 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. 10. INDEMNIFICATION/PROMISE NOT TO SUE. A. The Districts and Cities agrees to hold harmless, indemnify, protect, and defend Yakima, its elected officials, officers, employees, and agents from and against 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) that result from or arise out of the sole negligence or intentionally wrongful acts or omissions of the Districts and Cities, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of this Contract. B. In the event that the officials, officers, agents, and/or employees of both Yakima and the Districts and Cities 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 attorney's fees). C. Nothing contained in this Section or this Contract shall be construed to create a liability or right of indemnification in any third party. 11. Nondiscrimination Provision. During the performance of this Contract, Yakima shall not discriminate on the basis of race, age, klpd2k6kSharedlCommDivIManagerlContracts1Dispatch Contracts\Dispatch contracts12015-16 Contracts12015 Final Contact12015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract color, sex, religion, national origin, creed marital status, political affiliation, or the presence of any sensory, mental or physical handicap. 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, and selection for training. 12. No Insurance. It is understood Yakima does not maintain liability insurance for the Districts and Cities and/or their employees. 13. Assignment. This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part to any other person or entity without the prior written consent of Yakima. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities the Districts and Cities stated herein. 14. SEVERABILITY 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 enforced as if the Agreement did not contain the particular provision held to be invalid. 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. 15. Integration. This written document constitutes the entire agreement between Yakima and the Districts and Cities. There are no other oral or written agreements between the parties as to the subjects covered herein. No changes or additions to this Contract shall be valid or Ikpd2k6IShared1CommDivIrinanager1ContractsIDispatch ContractsIDispatch contractsI2015-16 ContractsI2015 Final Contactl2015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract binding upon either party unless such change or addition be in writing and executed by all parties. 16. REPRESENTATIONS & WARRANTIES 1. The Districts and Cities 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. 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. 17. Governing Law. This contract shall be governed by and construed in accordance with the laws of the State of Washington. 18. Venue. The venue for any action to enforce or interrupt this Contract shall lie in the Superior Court of Washington for Yakima County Washington. 19. Signature. It is agreed that this Contract may be signed by each District separately and the signatures of all Districts and Cities need not be placed on a single document. The person executing this Contract on behalf of the District or City represents and warrants that he or she has been fully authorized by the governing body of the District or City to execute this Contract on its behalf and to legally bind the Districts and Cities to all the terms, performances and provisions of this Contract. A copy of this Agreement shall be recorded with the Yakima County Auditor. 11pd2k61SharediCommDiv1ManagerIContracts1Dispatch Contracts\Dispatch contracts12015-16 Contracts12015 Final Contact12015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract IN WITNESS WHEREOF, the parties have set their hands and seals. CITY OF YAKIMA YAKIMA COUNTY FIRE DISTRICT NO. 9 By: By: City Manager ATTEST: ATTEST: City Clerk Secretary/Treasurer DATED: DATED: 7 of 7 Fire Communications Service Contract FIRE COMMUNICATIONS SERVICES CONTRACT THIS FIRE COMMUNICATIONS SERVICES CONTRACT, (hereafter the "Contract") is made and entered into by and between the City of Yakima (hereinafter "Yakima") and the City of Selah (hereinafter the "Cities"), and Yakima County Fire Protection Districts No.'s 1, 3, 4, 6, 9, 12, and 14 (hereinafter collectively referred to as the "Districts"). WITNESSETH WHEREAS, Yakima has heretofore provided dispatching services to the Cities and the Districts for the handling and processing of fire, alarm, and emergency calls. WHEREAS, Yakima, the City, and the Districts desire to enter into a new contract for the continuation of such services. NOW, THEREFORE, pursuant to RCW 39.34 and the mutual covenants, promises, and agreements set forth herein, it is agreed by and between Yakima, the Cities, and the Districts as follows: SunComm 9-1-1 Communications Center. Yakima shall continue to operate a central facility to be known as SunComm 9- 1-1 Communications Center within the City of Yakima and shall use the same for the purpose of receiving fire and emergency service calls from the respective areas served by all of the parties hereto, and shall dispatch fire apparatus of the appropriate party in answer to any such fire or emergency calls and for the purpose of receiving and transmitting mutual aid calls among the various parties hereto and for other related business. 2. Authority of Dispatch Center. It is agreed that the duty of operating the SunComm 9-1-1 Communications Center and the complete management thereof is vested in Yakima and that Yakima shall have the full, complete, and exclusive authority to 11pd2k61Shared1CommDiv1ManagerIContracts1Dispatch Contracts\Dispatch contracts12015-16 Contracts12015 Final ContactI2015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire OM unications Service Contract operate and manage such SunComm 9-1-1 Communications Center, including, but not limited to, the authority to hire and fire employees for such office. Expense of Maintenance and Operation. The expense of continued maintenance and operation of the SunComm 9-1-1 Communications Center, including the expense of building maintenance, operation, maintenance, and purchase of 911 customer premise equipment (CPE), telephone lines terminating at the SunComm 9-1-1 Communications Center, and including the maintenance of public safety communications equipment located within the SunComm 9-1-1 Communications Center belonging to the Districts and/or Cities shall be borne by Yakima. 4. Term of Contract. This Contract is for a term of two (2) calendar years commencing January 1, 2015 and terminating at midnight on December 31, 2016. In the event that the method of response to alarm calls is significantly altered, such as tiered emergency medical response, both parties agree that this agreement shall be opened to reconsider the Cost of Service formula under the new conditions of dispatching alarm calls. 5. Cost of Service. Yakima shall maintain a record of all the Districts' and City' alarm calls and each District and each City shall be charged by Yakima for each call as stated herein. The base cost per alarm call for the contract period shall be the cost per alarm from the proceeding calendar year. Cost of services is based on of 2013 calls shall be Forty-eight dollars and seventy four cents ($48.74). The cost per alarm call for each subsequent year of the contract shall be increased effective January 1 of each year for the contract term to an amount equal to the previous calendar year cost per alarm plus the previous year's cost per call multiplied by the percentage given below: lipd2k6IShared1CommDiviManager‘Contracts1Dispatch Contracts\Dispatch contracts12015-16 Contractsk2015 Final Contact‘2015-16 FD 1 3 46 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract Contract Year 2015 — increase 5% - $48.74 Contract Year 2016 — increase 5% - $51.18 To accommodate each district and each cities' budget cycle Yakima shall provide, in writing, by August of each year governed by this contract, the cost for dispatch services for the next budget year. The numbers will be based on the 2013 and 2014 alarm calls handled by Yakima for each District and the City of Selah, multiplied by the cost per run rate applicable for the respective year. 6. Payment for Alarm Calls. Each District and the City of Selah shall be billed in January of each year for dispatch services during that calendar year. Each District and each of the Cities shall pay for each year's billing for alarm services within ninety (90) days after billing by Yakima. Payment shall be made to Yakima City Treasurer, 129 North 2nd Street, Yakima, Washington. 7 Definition of Alarm Calls. A call to be charged for under the terms of this Contract is defined as follows: A. An alarm call is defined as: a call requiring the dispatch of equipment from any of the Districts or the Cities. Any number of vehicles from the responsible Districts or Cities may answer any such alarm call. All communications dealing with such alarm call shall be deemed as (1) alarm call. B. Mutual Aid. In the event an individual District or Union Gap or Selah requests mutual aid, it shall pay for each additional alarm call it requests. 8. Early Termination of Contract. Any party hereto may terminate this Contract, with or without cause, by providing sixty (60) days written notice of termination to each of the parties to this Contract. The Contract shall remain in full force and effect with regard to all remaining parties who have not exercised early contract termination pursuant to this clause. 11pd2k61Shared1CommDiv\Manager1ContractsIDisPatch Contracts\Dispatch contracts12015-16 ContractsI2015 Final Contact12015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract 9. Liability of Yakima. Yakima shall not be liable to the Districts and Cities, 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. 10. INDEMNIFICATION PROMISE NOT TO SUE. A. The Districts and Cities agrees to hold harmless, indemnify, protect, and defend Yakima, its elected officials, officers, employees, and agents from and against any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorneysfees and disbursements) that result from or arise out of the sole negligence or intentionally wrongful acts or omissions of the Districts and Cities, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of this Contract. B. In the event that the officials, officers, agents, and/or employees of both Yakima and the Districts and Cities 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 attorney's fees). C. Nothing contained in this Section or this Contract shall be construed to create a liability or right of indemnification in any third party. 11. Nondiscrimination Provision. During the performance of this Contract, Yakima shall not discriminate on the basis of race, age, Ikpd2k6ISharediCommDivIManagerIContractsIDispatch ContractslDispatch contracts12015-16 ContractsI2015 Final Contact2016-16 FD 1 34 6 912 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Commsinications Service Contract color, sex, religion, national origin, creed marital status, political affiliation, or the presence of any sensory, mental or physical handicap. 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, and selection for training. 12. No Insurance. It is understood Yakima does not maintain liability insurance for the Districts and Cities and/or their employees. 13. Assignment. This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part to any other person or entity without the prior written consent of Yakima. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities the Districts and Cities stated herein. 14. SEVERABILITY 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 enforced as if the Agreement did not contain the particular provision held to be invalid. 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. 15. Integration. This written document constitutes the entire agreement between Yakima and the Districts and Cities. There are no other oral or written agreements between the parties as to the subjects covered herein. No changes or additions to this Contract shall be valid or ‘Ipd2k6kShared‘CommDivkManagenContractsiDispatch ContractsIDispatch contracts12015-16 Contracts‘2015 Final Contact12015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract binding upon either party unless such change or addition be in writing and executed by all parties. 16. REPRESENTATIONS & WARRANTIES 1. The Districts and Cities 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. 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. 17. Governing Law. This contract shall be governed by and construed in accordance with the laws of the State of Washington. 18. Venue. The venue for any action to enforce or interrupt this Contract shall lie in the Superior Court of Washington for Yakima County Washington. 19. Signature. It is agreed that this Contract may be signed by each District separately and the signatures of all Districts and Cities need not be placed on a single document. The person executing this Contract on behalf of the District or City represents and warrants that he or she has been fully authorized by the governing body of the District or City to execute this Contract on its behalf and to legally bind the Districts and Cities to all the terms, performances and provisions of this Contract. A copy of this Agree]. ent shall be recorded with the Yakima County Auditor. 4d2k6IShared1CornmDivIManager1Contracts1Dispatch Contracts1Dispatch contractsl2015-16 Contractsl2015 Final Contactk2015-16 FD 1 3469 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract IN WITNESS WHEREOF, the parties have set their hands and seals. CITY OF YAKIMA YAKIMA COUNTY FIRE DISTRICT NO. 12 By: By: City Manager ATTEST: JYfTES' City Clerk DATED: 7 of 7 Chai , Fire Commissioners DATED: Secre reasurer Fire Communications Service Contract FIRE COMMUNICATIONS SERVICES CONTRACT THIS FIRE COMMUNICATIONS SERVICES CONTRACT, (hereafter the "Contract") is made and entered into by and between the City of Yakima (hereinafter "Yakima") and the City of Selah (hereinafter the "Cities"), and Yakima County Fire Protection Districts No.'s 1, 3, 4, 6, 9, 12, and 14 (hereinafter collectively referred to as the "Districts"). WITNESSETH WHEREAS, Yakima has heretofore provided dispatching services to the Cities and the Districts for the handling and processing of fire, alarm, and emergency calls. WHEREAS, Yakima, the City, and the Districts desire to enter into a new contract for the continuation of such services. NOW, THEREFORE, pursuant to RCW 39.34 and the mutual covenants, promises, and agreements set forth herein, it is agreed by and between Yakima, the Cities, and the Districts as follows: SunComm 9-1-1 Communications Center. Yakima shall continue to operate a central facility to be known as SunComm 9- 1-1 Communications Center within the City of Yakima and shall use the same for the purpose of receiving fire and emergency service calls from the respective areas served by all of the parties hereto, and shall dispatch fire apparatus of the appropriate party in answer to any such fire or emergency calls and for the purpose of receiving and transmitting mutual aid calls among the various parties hereto and for other related business. 2. Authority of Dispatch Center. It is agreed that the duty of operating the SunComm 9-1-1 Communications Center and the complete management thereof is vested in Yakima and that Yakima shall have the full, complete, and exclusive authority to \1pd2k61SharechCommDivkManager\Contracts\Dispatch ContractsIDispatch contracts12015-16 Contracts12015 Final Contact12015-16 FD 1 34 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract operate and manage such SunComm 9-1-1 Communications Center, including, but not limited to, the authority to hire and fire employees for such office. Expense of Maintenance and Operation. The expense of continued maintenance and operation of the SunComm 9-1-1 Communications Center, including the expense of building maintenance, operation, maintenance, and purchase of 911 customer premise equipment (CPE), telephone lines terminating at the SunComm 9-1-1 Communications Center, and including the maintenance of public safety communications equipment located within the SunComm 9-1-1 Communications Center belonging to the Districts and/or Cities shall be borne by Yakima. 4. Term of Contract. This Contract is for a term of two (2) calendar years commencing January 1, 2015 and terminating at midnight on December 31, 2016. In the event that the method of response to alarm calls is significantly altered, such as tiered emergency medical response, both parties agree that this agreement shall be opened to reconsider the Cost of Service formula under the new conditions of dispatching alarm calls. 5. Cost of Service. Yakima shall maintain a record of all the Districts' and City' alarm calls and each District and each City shall be charged by Yakima for each call as stated herein. The base cost per alarm call for the contract period shall be the cost per alarm from the proceeding calendar year. Cost of services is based on of 2013 calls shall be Forty-eight dollars and seventy four cents ($48.74). The cost per alarm call for each subsequent year of the contract shall be increased effective January 1 of each year for the contract term to an amount equal to the previous calendar year cost per alarm plus the previous year's cost per call multiplied by the percentage given below: 11pd2k61Shared1CommDivIklanager1Contracts1Dispatch ContractslDispatch contracts12015-16 Contracts12015 Final Contact12015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract Contract Year 2015 — increase 5% - $48.74 Contract Year 2016 — increase 5% - $51.18 To accommodate each district and each cities' budget cycle Yakima shall provide, in writing, by August of each year governed by this contract, the cost for dispatch services for the next budget year. The numbers will be based on the 2013 and 2014 alarm calls handled by Yakima for each District and the City of Selah, multiplied by the cost per run rate applicable for the respective year. 6. Payment for Alarm Calls. Each District and the City of Selah shall be billed in January of each year for dispatch services during that calendar year. Each District and each of the Cities shall pay for each year's billing for alarm services within ninety (90) days after billing by Yakima. Payment shall be made to Yakima City Treasurer, 129 North 2nd Street, Yakima, Washington. 7. Definition of Alarm Calls. A call to be charged for under the terms of this Contract is defined as follows: A. An alarm call is defined as: a call requiring the dispatch of equipment from any of the Districts or the Cities. Any number of vehicles from the responsible Districts or Cities may answer any such alarm call. All communications dealing with such alarm call shall be deemed as (1) alarm call. B. Mutual Aid. in the event an individual District or Union Gap or Selah requests mutual aid, it shall pay for each additional alarm call it requests. 8. Early Termination of Contract. Any party hereto may terminate this Contract, with or without cause, by providing sixty (60) days written notice of termination to each of the parties to this Contract. The Contract shall remain in full force and effect with regard to all remaining parties who have not exercised early contract termination pursuant to this clause. l‘pd2k61Shared‘CommDiviManager‘Contracts\Dispatch Contracts\Dispatch contracts12015-16 Contractsk2015 Final ContactI2015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract 9. Liability of Yakima. Yakima shall not be liable to the Districts and Cities, 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. 10. INDEMNIFICATION/PROMISE NOT TO SUE. A. The Districts and Cities agrees to hold harmless, indemnify, protect, and defend Yakima, its elected officials, officers, employees, and agents from and against 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) that result from or arise out of the sole negligence or intentionally wrongful acts or omissions of the Districts and Cities, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of this Contract. B. in the event that the officials, officers, agents, and/or employees of both Yakima and the Districts and Cities 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 attorney's fees). C. Nothing contained in this Section or this Contract shall be construed to create a liability or right of indemnification in any third party. 11. Nondiscrimination Provision. During the performance of this Contract, Yakima shall not discriminate on the basis of race, age, 11pd2k61Shared1CommDiv1ManagenContracts1Dispatch ContractslDispatch contracts12015-16 Contracts12015 Final Contact12015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract color, sex, religion, national origin, creed marital status, political affiliation, or the presence of any sensory, mental or physical handicap. 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, and selection for training. 12. No Insurance. It is understood Yakima does not maintain liability insurance for the Districts and Cities and/or their employees. 13. Assignment. This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part to any other person or entity without the prior written consent of Yakima. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities the Districts and Cities stated herein. 14. SEVERABILITY 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 enforced as if the Agreement did not contain the particular provision held to be invalid. 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. 15. Integration. This written document constitutes the entire agreement between Yakima and the Districts and Cities. There are no other oral or written agreements between the parties as to the subjects covered herein. No changes or additions to this Contract shall be valid or l‘pd2k6kShared‘CommDiviManagenContracts\Dispatch Contracts\Dispatch contracts12015-16 Contractsk2015 Final Contact2015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract binding upon either party unless such change or addition be in writing and executed by all parties. 16. REPRESENTATIONS & WARRANTIES The Districts and Cities 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. 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. 17. Governing Law. This contract shall be governed by and construed in accordance with the laws of the State of Washington. 18. Venue. The venue for any action to enforce or interrupt this Contract shall lie in the Superior Court of Washington for Yakima County Washington. 19. Signature. It is agreed that this Contract may be signed by each District separately and the signatures of all Districts and Cities need not be placed on a single document. The person executing this Contract on behalf of the District or City represents and warrants that he or she has been fully authorized by the governing body of the District or City to execute this Contract on its behalf and to legally bind the Districts and Cities to all the terms, performances and provisions of this Contract. A copy of this Agreement shall be recorded with the Yakima County Auditor. 11pd2k61Shared1CommDivkManager1Contracts1DisPatch Contracts\Dispatch contractsI2015-16 Contractsk2015 Final Contact12015-16 FD 1 3 4 6 9 12 and 14 Dispatch Contract.docx Final 120414.docx 033015.docx Fire Communications Service Contract IN WITNESS WHEREOF, the parties have set their hands and seals. CITY OF YAKIMA YAKIMA COUNTY FIRE DISTRICT NO. 14 By: City Manager Chair, Fire Commissioners ATTEST: ATTEST: City Clerk DATED: DATED: 7 of 7 Se ry/Treasurer