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HomeMy WebLinkAboutR-1996-162 Contract / City of Union Gap / City of Selah / FireRESOLUTION NO. R-96- 162 A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute a Fire Communications Services Contract with the City of Union Gap, the City of Selah, and various Yakima County Fire Protection Districts. WHEREAS, the City of Yakima has heretofore provided alarm services to the City of Union Gap, the City of Selah, and a number of Yakima County Fire Protection Districts; and WHEREAS, the fire protection entities desire to enter into a new Fire Communications Services Contract for the continuation of said services from 1997 through 1999; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to continue to provide alarm services to the City of Union Gap, the City of Selah, and a number of Yakima County Fire Protection Districts in accordance with the terms and conditions of the attached contract, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the attached and incorporated agreement entitled "Fire Communications Services Contract" with the City of Union Gap, the City of Selah, and various Yakima County Fire Protection Districts. ADOPTED BY THE CITY COUNCIL this 17th day of December , 1996. A 1 I'ES'1: City Clerk Il clLeb/flru cmunctn pm ynn Buchanan, Mayor FIRE COMMUNICATIONS SERVICES CONTRACT THIS FIRE COMMUNICATIONS SERVICES CONTRACT, (hereinafter the "Contract") is made and entered into by and between the City of Yakima (hereinafter "Yakima") and the Cities of Union Gap and Selah (hereinafter collectively referred to as the "Cities"), and Yakima County Fire Protection Districts Nos. 1, 2, 3, 4, 6, 9, 11, 12, and 14 (hereinafter collectively referred to as the "Districts"). WITNESSETH WHEREAS, Yakima has heretofore provided alarm services to the Cities and the Districts for the handling and processing of fire, alarm, and emergency calls. WHEREAS, Yakima, the Cities, 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. Fire Dispatch Center. Yakima shall continue to operate a central facility to be known as the Fire Dispatch 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 Fire Dispatch 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 Fire Dispatch Center, including, but not limited to, the authority to hire and fire employees and operators for such office. 3. Expense of Maintenance and Operation. The expense of continued maintenance and operation of the Fire Dispatch Center, including the expense of operating all telephone lines terminating at the Fire Dispatch Center, and including the maintenance of equipment located within the Fire Dispatch Center belonging to the Districts and/or Cities, shall be borne by Yakima. 4. Term of Contract. This Contract is for a term of three (3) calendar years commencing January 1, 1997 and terminating at midnight on December 31, 1999. Page 1 of 4 (Is)agr/fire cmunctn.pm 5. Cost of Service. Yakima shall maintain a record of all the Districts' and Cities' alarm calls, and each District and each of the Cities shall be charged by Yakima for each call as stated herein. During the calendar year 1997, the cost per alarm call shall be Twenty -Two Dollars and Fourteen Cents ($22.14). The cost per alarm call for 1998 and 1999 shall be adjusted effective January 1 of each year for the contract term to an amount equal to the 1996 cost per alarm multiplied by a fraction, the numerator of which shall be the Consumer Price Index published by the Bureau of Labor Statistics of the U.S. Department of Labor for All Urban Consumers (CPI -U) U.S. City Average for All Items, with a reference base period of 1982-84=100 (Index) for the most recent month available immediately preceding the January 1 adjustment, and the denominator of which shall be the same Index published for the same month in 1993. If the U.S. Government ceases to publish the Index on a 1982-84=100 reference base, the Index shall be converted to the currently published standard reference base period in accordance with the conversation factor published by the United States Department of Labor, Bureau of Labor Statistics. If the Index is discontinued or revised during the term, such other governmental index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. If a correction is made to previously published Index data, the corrected data shall be used prospectively. Each District and each of the Cities shall be billed in January of each year for alarm service during that calendar year based on the number of alarm calls handled by Yakima for each District and the Cities of Union Gap and Selah during the previous calendar year times the cost per alarm call rate applicable for the respective year. 6. Payment for Alarm Calls. 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 Director of Finance and Budget, City Hall, 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 one (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 Page 2 of 4 (Is)agr/fire cmunctn.pm 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. Hold Harmless. The Districts and the Cities shall protect, defend, indemnify, and hold harmless Yakima, its elected officials, agents, officers, and employees from any and all claims, demands, lawsuits, and liability arising out of or related to the performance of this Contract. 10. 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. 11. No Insurance. It is understood Yakima does not maintain liability insurance for the Districts and/or the Cities and/or their employees. 12. Assignment. This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by any of the Districts or the Cities 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 Cities stated herein. 13. Severability. If any portion of this Contract is changed per mutual agreement or any portion is held invalid, the remainder of the Contract shall remain in full force and effect. 14. Integration. This written document constitutes the entire agreement between Yakima, the Districts, and the 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. 15. Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 16. Venue. The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of Washington for Yakima County, Washington. 17. Signature. It is agreed that this Contract may be signed by each District separately and the signatures of all Districts need not be placed on a single document. Page 3 of 4 (Is)agr/fire cmunctn.pm / IN WITNESS WHEREOF, the parties have set their hands and seals this / (6. day of , 1991. CITY OF YAKIMA YAKIMA COUNTY FIRE DISTRICT NO. / e By: By: City Manager ATTEST: CITY OF SELAI:I By: • City Supervisor ATTEST: / City Clerk, Yakima Contract No. 96- /13 Yakima Resolution No. Page 4 of 4 (1s)agr/fire cmunctn.pm ATTEST: . (tie eitgrtek CITY OF UNION GAP By: ATTEST: •>' ,11 City Clerk City Supervisor C\N 4 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: 12/17/96 Renewal of existing Contract authorizing the Yakima Fire Dispatch Center to provide dispatching services for entities contracting from the Yakima Fire Department Dispatch Center. SUBMITTED BY: K. Alan Chronister, Fire Chief Larry Morehouse, Alarm Supervisor ✓ CONTACT PERSON/TELEPHONE: K. Alan Chronister/575-6060 SUMMARY EXPLANATION: This is a renewal of an existing three year Contract with the Upper Valley Fire Districts and the Cities of Selah and Union. Cost per call for 1997 has been adjusted as per cost of living as described in the Contract. Anticipated Revenue for 1997 is $77,036. Resolution X Ordinance Contract X Minutes Plan/Map Notification List Other (Specify) Agreement APPROVED FOR SUBMPT"I AL:. City Manager STAFF RECOMMENDATION: Approve as submitted. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. Resolution No. R-96-162