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HomeMy WebLinkAboutR-2002-006 Fire Communications Services Contract with City of Union Gap, City of Selah, & various Yakima County Fire Protection DisRESOLUTION NO. R-2002- 06 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 for the calendar year 2002, and, WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to continue to provide dispatch 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 15thday of ATTEST. City Clerk January , 2002 Place, Mayor 41, 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 Cities of Union Gap and Selah (hereinafter the "Cities"), and Yakima County Fire Protection Districts No.'s 1,2,3,4,6,9,12, 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 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. Yakima Communications Center. Yakima shall continue to operate a central facility to be known as the Yakima 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. FD Dispatch Contract - 2002 Authority of Dispatch Center. It is agreed that the duty of operating the Yakima Communications Center and the complete management thereof is vested in Yakima and that Yakima shall have the fullr complete, and exclusive authority to operate and November 28, 2001 1 of 5 Fire Communications Service Contract manage such Yakima 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 Yakima Communications Center, including the expense of operating all telephone lines terminating at the Yakima Communications Center, and including the maintenance of equipment located within the Yakima 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 one (1) calendar year commencing January 1, 2002 and terminating at midnight on December 31, 2002. 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. The base cost per alarm call for the contract period shall be the cost per alarm in calendar year 2001 of Twenty-seven dollars and Eighty -Three cents ($27.83). The cost per alarm call for each year of the contract shall be adjusted effective January 1 of each year for the contract term to an amount equal to the previous calendar year cost per alarm multiplied by the percent change from the previous year recorded in the Consumer Price Index published by the Bureau of Labor Statistic of the U.S. Department of Labor for all Urban Consumers (CPI -U) West Urban (Size B/C) Average for All Items, with reference base period of 1982-84=100 (Index) for the calendar year preceding this computation with the product added to the previous year's cost per call. 2001 cost per run 27.83 27.83 CPI June -July 2001 x.032 .89 Increase .89 28.72 2002 CPI adjusted amount 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 FD Dispatch Contract - 2002 November 28, 2001 2 of 5 Fire Communications Service Contract 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. For the term of this contract an additional five percent (5%) shall be factored into the cost per run calculation. Once the Consumer Price Index (CPI) adjustment is made that amount shall be multiplied by five percent (5%) and added to the previous CPI total. 2001 CPI adj. Amount 28.72 25.30 10% adjustment x .05 1.44 Increase 1.44 30.16 2002 cost per run To accommodate each district and each of the cities' budget cycle Yakima shall provide, in writing by the month of August of the preceding year to the billing year, the cost for dispatch services for the following year based on the previous calendar year's alarm calls handled by Yakima for each District and the Cities of Union Gap and Selah, times the cost per run rate applicable for the respective year. 6. Payment for Alarm Calls. Each District and each of the Cities 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 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: FD Dispatch Contract - 2002 November 28, 2001 3 of 5 Fire Communications Service Contract 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. 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 or 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 oath the Districts or the Cities to any other person or entity FD Dispatch Contract - 2002 November 28, 2001 4 of 5 4 Fire Communications Service Contract 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 interrupt 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 and Cities need not be placed on a single document. FD Dispatch Contract - 2002 November 28, 2001 5 of 5 Fire Communications Services Contract IN WITNESS WHEREOF, the parties have set their hands and seals this \\-\ day of'Va.),Drka-v, , 200,: CITY OF YAKIMA ATTEST: City Clerk 1= CITY CONTRACT HO: Ales? '4 RESOLUTION NO _/Q-dODo?-D!o SEAL .o* FD Dispatch Contract — 2002 6 of 6 11/28/2001 CITY OF UNION GAP By: ATTEST: Clerk erk 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 Cities of Union Gap and Selah (hereinafter the "Cities"), and Yakima County Fire Protection Districts No.'s 1,2,3,4,6,9,12, 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 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. Yakima Communications Center. Yakima shall continue to operate a central facility to be known as the Yakima 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. FD Dispatch Contract - 2002 Authority of Dispatch Center. It is agreed that the duty of operating the Yakima 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 November 28, 2001 1 of 5 Fire Communications Service Contract manage such Yakima 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 Yakima Communications Center, including the expense of operating all telephone lines terminating at the Yakima Communications Center, and including the maintenance of equipment located within the Yakima 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 one (1) calendar year commencing January 1, 2002 and terminating at midnight on December 31, 2002. 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. The base cost per alarm call for the contract period shall be the cost per alarm in calendar year 2001 of Twenty-seven dollars and Eighty -Three cents ($27.83). The cost per alarm call for each year of the contract shall be adjusted effective January 1 of each year for the contract term to an amount equal to the previous calendar year cost per alarm multiplied by the percent change from the previous year recorded in the Consumer Price Index published by the Bureau of Labor Statistic of the U.S. Department of Labor for all Urban Consumers (CPI -U) West Urban (Size B/C) Average for All Items, with reference base period of 1982-84=100 (Index) for the calendar year preceding this computation with the product added to the previous year's cost per call. 2001 cost per run 27.83 27.83 CPI June -July 2001 x.032 .89 Increase .89 28.72 2002 CPI adjusted amount 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 FD Dispatch Contract - 2002 November 28, 2001 2 of 5 Fire Communications Service Contract published standard reference base period in accordance with the conversation factor published by the United States Depai tment 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. For the term of this contract an additional five percent (5%) shall be factored into the cost per run calculation. Once the Consumer Price Index (CPI) adjustment is made that amount shall be multiplied by five percent (5%) and added to the previous CPI total. 2001 CPI adj. Amount 28.72 28.72 5% adjustment x .05 1.44 Increase 1.44 30.16 2002 cost per run To accommodate each district and each of the cities' budget cycle Yakima shall provide, in writing by the month of August of the preceding year to the billing year, the cost for dispatch services for the following year based on the previous calendar year's alarm calls handled by Yakima for each District and the Cities of Union Gap and Selah, times the cost per run rate applicable for the respective year. 6. Payment for Alarm Calls. Each District and each of the Cities 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 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: FD Dispatch Contract - 2002 November 28, 2001 3 of 5 Fire Communications Service Contract 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. 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 or 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 oath the Districts or the Cities to any other person or entity FD Dispatch Contract - 2002 November 28, 2001 4 of 5 Fire Communications Service Contract 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 interrupt 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 and Cities need not be placed on a single document. FD Dispatch Contract - 2002 November 28, 2001 5 of 5 Fire Communications Services Contract IN WITNESS WHEREOF, the parties have set their hands and seals this o24 t-. day of , 200,1?- CITY 00, CITY OF YAKIMA CITY OF SELAH By City Manager ATTEST: (i 34 1 ( S7�114 `lr - 1 1 zH City Clerk /'1''"°,,"'� ,'' CITY CONTRACT NO: OO �Oz RESOLUTION Na: FD Dispatch Contract — 2002 6 of 6 11/28/2001 Cle k/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 Cities of Union Gap and Selah (hereinafter the "Cities"), and Yakima County Fire Protection Districts No.'s 1,2,3,4,6,9,12, 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 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. Yakima Communications Center. Yakima shall continue to operate a central facility to be known as the Yakima 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 Yakima 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 FD Dispatch Contract - 2002 November 28, 2001 1 of 5 Fire Communications Service Contract manage such Yakima 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 Yakima Communications Center, including the expense of operating all telephone lines terminating at the Yakima Communications Center, and including the maintenance of equipment located within the Yakima 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 one (1) calendar year commencing January 1, 2002 and terminating at midnight on December 31, 2002. 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. The base cost per alarm call for the contract period shall be the cost per alarm in calendar year 2001 of Twenty-seven dollars and Eighty -Three cents ($27.83). The cost per alarm call for each year of the contract shall be adjusted effective January 1 of each year for the contract term to an amount equal to the previous calendar year cost per alarm multiplied by the percent change from the previous year recorded in the Consumer Price Index published by the Bureau of Labor Statistic of the U.S. Department of Labor for all Urban Consumers (CPI -U) West Urban (Size B/C) Average for All Items, with reference base period of 1982-84=100 (Index) for the calendar year preceding this computation with the product added to the previous year's cost per call. 2001 cost per run 27.83 27.83 CPI June -July 2001 x.032 .89 Increase .89 28.72 2002 CPI adjusted amount 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 FD Dispatch Contract - 2002 November 28, 2001 2 of 5 Fire Communications Service Contract 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. For the term of this contract an additional five percent (5%) shall be factored into the cost per run calculation. Once the Consumer Price Index (CPI) adjustment is made that amount shall be multiplied by five percent (5%) and added to the previous CPI total. 2001 CPI adj. Amount 28.72 25.30 5/. 1-0 b adjustment x .05 1.44 Increase 1.44 30.16 2002 cost per run To accommodate each district and each of the cities' budget cycle Yakima shall provide, in writing by the month of August of the preceding year to the billing year, the cost for dispatch services for the following year based on the previous calendar year's alarm calls handled by Yakima for each District and the Cities of Union Gap and Selah, times the cost per run rate applicable for the respective year. 6. Payment for Alarm Calls. Each District and each of the Cities 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 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: FD Dispatch Contract - 2002 November 28, 2001 3 of 5 Fire Communications Service Contract 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. 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 or 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 oath the Districts or the Cities to any other person or entity FD Dispatch Contract - 2002 November 28, 2001 4 of 5 Fire Communications Service Contract 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. 1 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 interrupt 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 and Cities need not be placed on a single document. FD Dispatch Contract - 2002 November 28, 2001 5 of 5 Fire Communications Services Contract IN WITNESS WHEREOF, the parties have set their hands and seals this 11 day of h 1 u -r �� , 200 CITY OF YAKIMA YAKIMA COUNTY FIRE DISTRICT NO. 1 By: ATTEST: City Manager `,S`�it ' S� P City Clerk CITY CONTRACT HO: RESOLUTION NO -Leigae .� FD Dispatch Contract — 2002 6 of 6 11/28/2001 By: `I7 . OOPK. ATTEST: 17isi, c1 ++2, 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 Cities of Union Gap and Selah (hereinafter the "Cities"), and Yakima County Fire Protection Districts No.'s 1,2,3,4,6,9,12, 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 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. Yakima Communications Center. Yakima shall continue to operate a central facility to be known as the Yakima 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 Yakima 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 FD Dispatch Contract - 2002 November 28, 2001 1 of 5 Fire Communications Service Contract manage such Yakima 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 Yakima Communications Center, including the expense of operating all telephone lines terminating at the Yakima Communications Center, and including the maintenance of equipment located within the Yakima 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 one (1) calendar year commencing January 1, 2002 and terminating at midnight on December 31, 2002. 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. The base cost per alarm call for the contract period shall be the cost per alarm in calendar year 2001 of Twenty-seven dollars and Eighty -Three cents ($27.83). The cost per alarm call for each year of the contract shall be adjusted effective January 1 of each year for the contract term to an amount equal to the previous calendar year cost per alarm multiplied by the percent change from the previous year recorded in the Consumer Price Index published by the Bureau of Labor Statistic of the U.S. Department of Labor for all Urban Consumers (CPI -U) West Urban (Size B/C) Average for All Items, with reference base period of 1982-84=100 (Index) for the calendar year preceding this computation with the product added to the previous year's cost per call. 2001 cost per run 27.83 27.83 CPI June -July 2001 x.032 .89 Increase .89 28.72 2002 CPI adjusted amount 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 FD Dispatch Contract - 2002 November 28, 2001 2 of 5 Fire Communications Service Contract 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. For the term of this contract an additional five percent (5%) shall be factored into the cost per run calculation. Once the Consumer Price Index (CPI) adjustment is made that amount shall be multiplied by five percent (5%) and added to the previous CPI total. 2001 CPI adj. Amount 28.72 25.30 10% adjustment x .05 1.44 Increase 1.44 30.16 2002 cost per run To accommodate each district and each of the cities' budget cycle Yakima shall provide, in writing by the month of August of the preceding year to the billing year, the cost for dispatch services for the following year based on the previous calendar year's alarm calls handled by Yakima for each District and the Cities of Union Gap and Selah, times the cost per run rate applicable for the respective year. 6. Payment for Alarm Calls. Each District and each of the Cities 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 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: FD Dispatch Contract - 2002 November 28, 2001 3 of 5 Fire Communications Service Contract 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. 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 or 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 oath the Districts or the Cities to any other person or entity FD Dispatch Contract - 2002 November 28, 2001 4 of 5 Fire Communications Service Contract 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 interrupt 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 and Cities need not be placed on a single document. FD Dispatch Contract - 2002 November 28, 2001 5 of 5 Fire Communications Services Contract IN WITNESS WHEREOF, the parties have set their hands and seals this day of , 200,1'- CITY OF YAKIMA By: City Manager ATTEST: r �4 City Clerk 01' YAKIMA COUNTY FIRE DISTRICT NO. 2 CITY CONTRACT NO: RESOLUTION NO: ooh o z �ODa o� FD Dispatch Contract — 2002 6 of 6 11/28/2001 By: ATTEST: 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 Cities of Union Gap and Selah (hereinafter the "Cities"), and Yakima County Fire Protection Districts No.'s 1,2,3,4,6,9,12, and 14 (hereinafter collectively referred to as the "Districts"). WITN ESSETH 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 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. Yakima Communications Center. Yakima shall continue to operate a central facility to be known as the Yakima 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 Yakima 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 FD Dispatch Contract - 2002 November 28, 2001 1 of 5 Fire Communications Service Contract manage such Yakima 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 Yakima Communications Center, including the expense of operating all telephone lines terminating at the Yakima Communications Center, and including the maintenance of equipment located within the Yakima 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 one (1) calendar year commencing January 1, 2002 and terminating at midnight on December 31, 2002. 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. The base cost per alarm call for the contract period shall be the cost per alarm in calendar year 2001 of Twenty-seven dollars and Eighty -Three cents ($27.83). The cost per alarm call for each year of the contract shall be adjusted effective January 1 of each year for the contract term to an amount equal to the previous calendar year cost per alarm multiplied by the percent change from the previous year recorded in the Consumer Price Index published by the Bureau of Labor Statistic of the U.S. Department of Labor for all Urban Consumers (CPI -U) West Urban (Size B/C) Average for All Items, with reference base period of 1982-84=100 (Index) for the calendar year preceding this computation with the product added to the previous year's cost per call. 2001 cost per run 27.83 27.83 CPI June -July 2001 x.032 .89 Increase .89 28.72 2002 CPI adjusted amount 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 FD Dispatch Contract - 2002 November 28, 2001 2 Of 5 Fire Communications Service Contract 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. For the term of this contract an additional five percent (5%) shall be factored into the cost per run calculation. Once the Consumer Price Index (CPI) adjustment is made that amount shall be multiplied by five percent (5%) and added to the previous CPI total. 2001 CPI adj. Amount 28.72 28.72 5% adjustment x .05 1.44 Increase 1.44 30.16 2002 cost per run To accommodate each district and each of the cities' budget cycle Yakima shall provide, in writing by the month of August of the preceding year to the billing year, the cost for dispatch services for the following year based on the previous calendar year's alarm calls handled by Yakima for each District and the Cities of Union Gap and Selah, times the cost per run rate applicable for the respective year. 6. Payment for Alarm Calls. Each District and each of the Cities 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 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: FD Dispatch Contract - 2002 November 28, 2001 3 of 5 Fire Communications Service Contract 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. 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 or 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 oath the Districts or the Cities to any other person or entity FD Dispatch Contract - 2002 November 28, 2001 4 of 5 Fire Communications Service Contract 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 interrupt 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 and Cities need not be placed on a single document. FD Dispatch Contract - 2002 November 28, 2001 5 of 5 Fire Communications Services Contract IN WITNESS WHEREOF, the parties have set their hands and seals this / / '` day of�b,.-: , , 800: YAKIMA COUNTY FIRE DISTRICT ,/A O. 3 / 2 CITY OF YAKIMA By: City Manager ATTEST: City Clerk oZ * e N��y vp.'c`dutN H: Aa oti CITY CONTRACT NO' p�S^q� Q J(�C/p� RESOLUTION NO' /'( �p1OD- Ol0 FD Dispatch Contract — 2002 6 of 6 11/28/2001 By: City Manager ATTEST: c U G'l1 /37 'Giit�Gler-k Y'f SCC rt[ / Jis-rR rer # 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 Cities of Union Gap and Selah (hereinafter the "Cities"), and Yakima County Fire Protection Districts No.'s 1,2,3,4,6,9,12, 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 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. Yakima Communications Center. Yakima shall continue to operate a central facility to be known as the Yakima 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 Yakima 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 FD Dispatch Contract - 2002 November 28, 2001 1 of 5 r Fire Communications Service Contract manage such Yakima 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 Yakima Communications Center, including the expense of operating all telephone lines terminating at the Yakima Communications Center, and including the maintenance of equipment located within the Yakima 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 one (1) calendar year commencing January 1, 2002 and terminating at midnight on December 31, 2002. 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. The base cost per alarm call for the contract period shall be the cost per alarm in calendar year 2001 of Twenty-seven dollars and Eighty -Three cents ($27.83). The cost per alarm call for each year of the contract shall be adjusted effective January 1 of each year for the contract term to an amount equal to the previous calendar year cost per alarm multiplied by the percent change from the previous year recorded in the Consumer Price Index published by the Bureau of Labor Statistic of the U.S. Department of Labor for all Urban Consumers (CPI -U) West Urban (Size B/C) Average for All Items, with reference base period of 1982-84=100 (Index) for the calendar year preceding this computation with the product added to the previous year's cost per call. 2001 cost per run 27.83 27.83 CPI June -July 2001 x.032 .89 Increase .89 28.72 2002 CPI adjusted amount 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 FD Dispatch Contract - 2002 November 28, 2001 2 of 5 Fire Communications Service Contract 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. For the term of this contract an additional five percent (5%) shall be factored into the cost per run calculation. Once the Consumer Price Index (CPI) adjustment is made that amount shall be multiplied by five percent (5%) and added to the previous CPI total. 2001 CPI adj. Amount 28.72 25.30 57. --1-0% adjustment x .05 1.44 Increase 1.44 30.16 2002 cost per run To accommodate each district and each of the cities' budget cycle Yakima shall provide, in writing by the month of August of the preceding year to the billing year, the cost for dispatch services for the following year based on the previous calendar year's alarm calls handled by Yakima for each District and the Cities of Union Gap and Selah, times the cost per run rate applicable for the respective year. 6. Payment for Alarm Calls. Each District and each of the Cities 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 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: FD Dispatch Contract - 2002 November 28, 2001 3 of 5 Fire Communications Service Contract 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. 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 or 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 oath the Districts or the Cities to any other person or entity FD Dispatch Contract - 2002 November 28, 2001 4 of 5 Fire Communications Service Contract 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 interrupt 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 and Cities need not be placed on a single document. FD Dispatch Contract - 2002 November 28, 2001 5 of 5 Fire Communications Services Contract IN WITNESS WHEREOF, the parties have set their hands and seals this day of ,2002 - CITY 200'. CITY OF YAKIMA YAKIMA COUNTY FIRE DISTRICT NO. 4 By: City Manager ATTEST: •s.4 /2-6-64A267 " City Clerk ( —i 7- °;?7 ,EiNo� CITY CONTRACT NO: AZ20/7.0_,2, RESOLUTION NO:�� FD Dispatch Contract — 2002 6 of 6 11/28/2001 - City Manager- - Commission Chairman ATTEST: - CIty irk- - District Secretary 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 Cities of Union Gap and Selah (hereinafter the "Cities"), and Yakima County Fire Protection Districts No.'s 1,2,3,4,6,9,12, 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 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. Yakima Communications Center. Yakima shall continue to operate a central facility to be known as the Yakima 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. FD Dispatch Contract - 2002 Authority of Dispatch Center. It is agreed that the duty of operating the Yakima 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 November 28, 2001 1 of 5 Fire Communications Service Contract manage such Yakima 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 Yakima Communications Center, including the expense of operating all telephone lines terminating at the Yakima Communications Center, and including the maintenance of equipment located within the Yakima 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 one (1) calendar year commencing January 1, 2002 and terminating at midnight on December 31, 2002. 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. The base cost per alarm call for the contract period shall be the cost per alarm in calendar year 2001 of Twenty-seven dollars and Eighty -Three cents ($27.83). The cost per alarm call for each year of the contract shall be adjusted effective January 1 of each year for the contract term to an amount equal to the previous calendar year cost per alarm multiplied by the percent change from the previous year recorded in the Consumer Price Index published by the Bureau of Labor Statistic of the U.S. Department of Labor for all Urban Consumers (CPI -U) West Urban (Size B/C) Average for All Items, with reference base period of 1982-84=100 (Index) for the calendar year preceding this computation with the product added to the previous year's cost per call. 2001 cost per run 27.83 27.83 CPI June -July 2001 x.032 .89 Increase .89 28.72 2002 CPI adjusted amount 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 FD Dispatch Contract - 2002 November 28, 2001 2 of 5 Fire Communications Service Contract 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. For the term of this contract an additional five percent (5%) shall be factored into the cost per run calculation. Once the Consumer Price Index (CPI) adjustment is made that amount shall be multiplied by five percent (5%) and added to the previous CPI total. 2001 CPI adj. Amount 28.72 25.30 10% adjustment x .05 1.44 Increase 1.44 30.16 2002 cost per run To accommodate each district and each of the cities' budget cycle Yakima shall provide, in writing by the month of August of the preceding year to the billing year, the cost for dispatch services for the following year based on the previous calendar year's alarm calls handled by Yakima for each District and the Cities of Union Gap and Selah, times the cost per run rate applicable for the respective year. 6. Payment for Alarm Calls. Each District and each of the Cities 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 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: FD Dispatch Contract - 2002 November 28, 2001 3 of 5 Fire Communications Service Contract 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 alaiui 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. 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 or 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 oath the Districts or the Cities to any other person or entity FD Dispatch Contract - 2002 November 28, 2001 4 of 5 • • Fire Communications Service Contract 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 interrupt 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 and Cities need not be placed on a single document. FD Dispatch Contract - 2002 November 28, 2001 5 of 5 Fire Communications Services Contract IN WTI'NESS WHEREOF, the parties have set their hands and seals this day of , 200(2 CITY OF YAICIMA YAICIMA COUNTY FIRE DISTRICT NO. 6 By: ATTEST: City Manager AtJ City Clerk CITY 14.1,74730,0, CONTRACT CONTRACT NO• RESOLUTION NO: FD Dispatch Contract — 2002 6 of 6 11/28/2001 By: ���.-�.� . City Manager ATTEST: e/57 -Wier . 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 Cities of Union Gap and Selah (hereinafter the "Cities"), and Yakima County Fire Protection Districts No.'s 1,2,3,4,6,9,12, 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 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. Yakima Communications Center. Yakima shall continue to operate a central facility to be known as the Yakima 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. FD Dispatch Contract - 2002 Authority of Dispatch Center. It is agreed that the duty of operating the Yakima 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 November 28, 2001 1 of 5 Fire Communications Service Contract manage such Yakima 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 Yakima Communications Center, including the expense of operating all telephone lines terminating at the Yakima Communications Center, and including the maintenance of equipment located within the Yakima 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 one (1) calendar year commencing January 1, 2002 and terminating at midnight on December 31, 2002. 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. The base cost per alarm call for the contract period shall be the cost per alarm in calendar year 2001 of Twenty-seven dollars and Eighty -Three cents ($27.83). The cost per alarm call for each year of the contract shall be adjusted effective January 1 of each year for the contract term to an amount equal to the previous calendar year cost per alarm multiplied by the percent change from the previous year recorded in the Consumer Price Index published by the Bureau of Labor Statistic of the U.S. Department of Labor for all Urban Consumers (CPI -U) West Urban (Size B/C) Average for All Items, with reference base period of 1982-84=100 (Index) for the calendar year preceding this computation with the product added to the previous year's cost per call. 2001 cost per run 27.83 27.83 CPI June -July 2001 x.032 .89 Increase .89 28.72 2002 CPI adjusted amount 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 FD Dispatch Contract - 2002 November 28, 2001 2 of 5 Fire Communications Service Contract 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. For the term of this contract an additional five percent (5%) shall be factored into the cost per run calculation. Once the Consumer Price Index (CPI) adjustment is made that amount shall be multiplied by five percent (5%) and added to the previous CPI total. 2001 CPI adj. Amount 28.72 25.30 B/. -1-06 adjustment x .05 1.44 Increase 1.44 30.16 2002 cost per run To accommodate each district and each of the cities' budget cycle Yakima shall provide, in writing by the month of August of the preceding year to the billing year, the cost for dispatch services for the following year based on the previous calendar year's alarm calls handled by Yakima for each District and the Cities of Union Gap and Selah, times the cost per run rate applicable for the respective year. 6. Payment for Alarm Calls. Each District and each of the Cities 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 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: FD Dispatch Contract - 2002 November 28, 2001 3 of 5 Fire Communications Service Contract 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. 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 or 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 oath the Districts or the Cities to any other person or entity FD Dispatch Contract - 2002 November 28, 2001 4 of 5 Fire Communications Service Contract 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 interrupt 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 and Cities need not be placed on a single document. FD Dispatch Contract - 2002 November 28, 2001 5 of 5 Fire Communications Services Contract and seals this G day of IN WITNESS WHERE,OVe parties have set their hands , 20Q4? - CITY OF YAKIMA YAKIMMA COUNTY FIRE DISTRICT NO. 9 By: City Mager B� `-�I'�l y �4/1 7 y Manager ATTEST: ATTEST: Y4 City Clerk I'"�? c;i r DoHTRACT NO: .Q aag Dee/ RESOLUTION NO: D(� FD Dispatch Contract — 2002 6 of 6 11/28/2001 Fire Communications Service Contract FIRE COMMUNICATIONS SERVICES CONTRACT THIS FRE COMMUNICATIONS SERVICES CONTRACT, (hereafter 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 the "Cities"), and Yakima County Fire Protection Districts No.'s 1,2,3,4,6,9,12, 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 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: Yakima Communications Center. Yakima shall continue to operate a central facility to be known as the Yakima 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. Authority of Dispatch Center. It is agreed that the duty of operating the Yakima 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 FD Dispatch Contract - 2002 November 28, 2001 1 of 5 Fire Communications Service Contract manage such Yakima 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 Yakima Communications Center, including the expense of operating all telephone lines terminating at the Yakima Communications Center, and including the maintenance of equipment located within the Yakima 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 one (1) calendar year commencing January 1, 2002 and terminating at midnight on December 31, 2002. 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. The base cost per alarm call for the contract period shall be the cost per alarm in calendar year 2001 of Twenty-seven dollars and Eighty -Three cents ($27.83). The cost per alarm call for each year of the contract shall be adjusted effective January 1 of each year for the contract term to an amount equal to the previous calendar year cost per alarm multiplied by the percent change from the previous year recorded in the Consumer Price Index published by the Bureau of Labor Statistic of the U.S. Department of Labor for all Urban Consumers (CPI -U) West Urban (Size B/C) Average for All Items, with reference base period of 1982-84=100 (Index) for the calendar year preceding this computation with the product added to the previous year's cost per call. 2001 cost per run 27.83 27.83 CPI June -July 2001 x.032 .89 Increase .89 28.72 2002 CPI adjusted amount 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 FD Dispatch Contract - 2002 November 28, 2001 2 of 5 Fire Communications Service Contract 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. For the term of this contract an additional five percent (5%) shall be factored into the cost per run calculation. Once the Consumer Price Index (CPI) adjustment is made that amount shall be multiplied by five percent (5%) and added to the previous CPI total. 2001 CPI adj. Amount 28.72 28.72 5% adjustment x .05 1.44 Increase 1.44 30.16 2002 cost per run To accommodate each district and each of the cities' budget cycle Yakima shall provide, in writing by the month of August of the preceding year to the billing year, the cost for dispatch services for the following year based on the previous calendar year's alarm calls handled by Yakima for each District and the Cities of Union Gap and Selah, times the cost per run rate applicable for the respective year. 6. Payment for Alarm Cali .Each-Disttrict-and-each--of the eities- snail 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 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: FD Dispatch Contract - 2002 November 28, 2001 3 of 5 Fire Communications Service Contract 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. 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 C ontract. 10. Nondiscrimination Provision. During the performance of this Contract, Yakima shall not discriminate on the basis or 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 oath the Districts or the Cities to any other person or entity FD Dispatch Contract - 2002 November 28, 2001 4 of 5 Fire Communications Service Contract 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 interrupt 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 and Cities need not be placed on a single document. FD Dispatch Contract - 2002 November 28, 2001 5 of 5 Fire Communications Services Contract IN WITNESS WHEREOF, the parties have set their hands and seals this day of , 200X. tSF- CITY OF YAKIMA YAKIMA COUNTY FIRE DISTRICT NO. 12 By: City Manager By: ATTEST: ATTEST: 1.7 City Clerk / -/ "`-- * - P xt CITY CONTRACT NO: Q� RESOLUTION NO.. �2.2/2/ FD Dispatch Contract — 2002 6 of 6 11/28/2001 City Clerk ' 15 -TI ,c -r -14 IL/ • 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 Cities of Union Gap and Selah (hereinafter the "Cities"), and Yakima County Fire Protection Districts No.'s 1,2,3,4,6,9,12, 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, alann, 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. Yakima Communications Center. Yakima shall continue to operate a central facility to be known as the Yakima 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 Yakima 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 FD Dispatch Contract - 2002 November 28, 2001 1 of 5 Fire Communications Service Contract manage such Yakima 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 Yakima Communications Center, including the expense of operating all telephone lines terminating at the Yakima Communications Center, and including the maintenance of equipment located within the Yakima 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 one (1) calendar year commencing January 1, 2002 and terminating at midnight on December 31, 2002. 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. The base cost per alarm call for the contract period shall be the cost per alarm in calendar year 2001 of Twenty-seven dollars and Eighty -Three cents ($27.83). The cost per alarm call for each year of the contract shall be adjusted effective January 1 of each year for the contract term to an amount equal to the previous calendar year cost per alarm multiplied by the percent change from the previous year recorded in the Consumer Price Index published by the Bureau of Labor Statistic of the U.S. Department of Labor for all Urban Consumers (CPI -U) West Urban (Size B/C) Average for All Items, with reference base period of 1982-84=100 (Index) for the calendar year preceding this computation with the product added to the previous year's cost per call. 2001 cost per run 27.83 27.83 CPI June -July 2001 x.032 .89 Increase .89 28.72 2002 CPI adjusted amount 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 FD Dispatch Contract - 2002 November 28, 2001 2 of 5 Fire Communications Service Contract 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. For the term of this contract an additional five percent (5%) shall be factored into the cost per run calculation. Once the Consumer Price Index (CPI) adjustment is made that amount shall be multiplied by five percent (5%) and added to the previous CPI total. 2001 CPI adj. Amount 28.72 Adjustment x .05 Increase 1.44 25.30 1.44 30.16 2002 cost per run To accommodate each district and each of the cities' budget cycle Yakima shall provide, in writing by the month of August of the preceding year to the billing year, the cost for dispatch services for the following year based on the previous calendar year's alarm calls handled by Yakima for each District and the Cities of Union Gap and Selah, times the cost per run rate applicable for the respective year. 6. Payment for Alarm Calls. Each District and each of the Cities 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 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: FD Dispatch Contract - 2002 November 28, 2001 3 of 5 Fire Communications Service Contract 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. 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 C ontract. 10. Nondiscrimination Provision. During the perfoiinance of this Contract, Yakima shall not discriminate on the basis or 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 oath the Districts or the Cities to any other person or entity FD Dispatch Contract - 2002 November 28, 2001 4 of 5 Fire Communications Service Contract 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 interrupt 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 and Cities need not be placed on a single document. FD Dispatch Contract - 2002 November 28, 2001 5 of 5 Fire Communications Services Contract IN WITNESS WHEREOF, the parties have set their hands and seals this day of , 200P, CITY OF YAKIMA By: ATTEST: City Manger na)Le-v,_ City Clerk CITY CONTRACT NO: t2e42: 2,212 RESOLUTION NO: �i:aOD�Dlo FD Dispatch Contract - 2002 11/28/2001 cr xo. YAKIIVIA COUNTY FIRE DISTRICT NO. 14 B / e004,frit.SS704( (Z CH/4/e_ 6 of 6 ' €ity-clerk S Ectr ei4G2 f �' BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of l - /.5" -- ITEM 5 - ITEM TITLE: Fire Dispatch Contracts SUBMITTED BY: Wayne Wantland, Communications Manager CONTACT PERSON/TELEPHONE: Same, 575-6048 SUMMARY EXPLANATION: The Yakima Communications Center provides fire dispatching services for numerous agencies. For years the charges to these other agencies have been Tess than our average cost per dispatch. Previously this had been justified because we were not providing the same services as we were to the Yakima Fire Department. Now with the changes in technology and the enhancements that these agencies have demanded that level of service has become more equal. We began addressing this cost differential with the current 2001 contract and will continue with this 2002 contract. In the current 2001 contract we had our contractual CPI adjustment plus a 5% "catch-up". For the year 2002 we have negotiated a contract that provides a CPI adjustment of 3.2% and again an additional 5% for the "catch-up" Given the recent tax initiative that potentially has a significant impact on these users, they should be applauded for recognizing the services we provide and the cost of providing those services, in agreeing to this contract. r EXHIBITS X Resolution Ordinance x Contract Minutes Plan/Map Notification List Other (Specify) APPROVED FOR SUBMITTAL:-� CITY MANAGER STAFF RECOMMENDATION: Staff recommends acceptance of the contracts and authorization for the City Manager to sign said contracts. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2002-06 .40 C® CAILWZN, 11/28/2001 TO: Dick Zais, City Manager FROM: Wayne Wantland, Communications Mgr. SUBJECT: Fire Dispatching Contracts CISWED AK M,A LOV v 2001 OFFICE OF C?TY MANAGER Enclosed are the ten contracts for those agencies that we do fire dispatching. I do not know whether you were advised, but I succeeded in getting an agreement for CPI (3.2%) plus 5% for the year 2002. This actually provides for slightly more revenue than we put in the budget. The only down side is I still could not convince them into a multi-year contract. If you will please sign the contracts but do not date them, I would greatly appreciate it. I will then distribute them to the agencies for their signatures and date.