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HomeMy WebLinkAboutR-2008-173 Fire Communications Services ContractRESOLUTION NO. R-2008-173 A RESOLUTION authorizing and directing the City Manager and 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 Protective Districts. WHEREAS, the City of Yakima has heretofore provided dispatch and communications 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 continuations of said services for the calendar year 2009; 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 on 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 Contract' with the City of Union Gap, the City of Selah, and various Yakima County Fire Protection Districts. ADOPTED BY THE CITY COUNCIL this 9m day of December, 2008. ATTEST: City Clerk David Edler, Mayor BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.: i O For Meeting Of: December 9, 2008 ITEM TITLE: A Resolution Authorizing the City Manager to enter into 2009 Fire Communications Services Contracts with various cities and fire districts SUBMITTED BY: Wayne Wantland, Communications Manager CONTACT PERSON/TELEPHONE: Wayne Wantland, 575-6048 SUMMARY EXPLANATION: The Yakima Communications Center provides fire dispatching and communications services for numerous agencies in Yakima County. Each year we re -address these contracts taking into account dispatched incident volumes and cost of living adjustments. For 2009 we have included a 4.63% increase for the cost of living adjustment to these contracts. These contracts have been presented to and executed by the participating agencies and are now awaiting the Council's decision. Resolution X Ordinance _ Other (Specify) Contract X Mail to (name and address) Phone Funding Source: APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests Council authorize the City Manager to enter into the Fire Communications Services contracts with the various cities and fire districts that are participants in our dispatching system. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: RESOLUTION NO. /q01 RESOLUTION AUTHORIZING THE MAYOR PRO TEM TO SIGN A FIRE COMMUNICATIONS SERVICES CON TRACT WITH THE CITIES OF YAKIMA AND UNION GAP AND YAKIMA COUNTY FIRE PROTECTION DISTRICTS 1, 2, 3, 4, 6, 9, 12, AND 14 WHERAS, the City of Selah wishes to enter into a Fire Service Contract with the City of Yakima, Union Gap, and Yakima County Fire Protection Districts 1, 2, 3, 4, 6, 9, 12, and 14, and WHERAS, the term of the contract is for one (1) calendar year commencing January 1, 2009 and terminating at midnight December 31, 2009; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SELAH WASHINGTON, that the Mayor Pro Tern of the City of Selah be authorized to sign a Fire Communications Service Contract with said parties. A copy of the agreement is attached and incorporated as shown. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SELAH WASHINGTON, this 23`d day of September 2008. ATTEST: Dale E. Novobiels , Cl - rk Treasurer APPROVED AS TO FORM: Bob Noe, City ttomey RESOLUTION NO. / q D / or Pro Tem UG— 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 — 2009 9/9/2008 1 of 6 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, 2009 and terminating at midnight on December 31, 2009. 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 2008 of Thirty -Six dollars and Forty -Seven cents ($36.47). 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 'December 1996 =100 (Index) for the calendar year preceding this computation with a Three Percent (3.0%) minimum. The product of this computation shall be added to the previous year's cost per call. CPI -U July 2007 through June 2008= 4.63% 2008 cost per run $36.47 $36.47 Percent Increase x 0.463 $ 1.69 Increase $ 1.69 $38.16 FD Dispatch Contract — 2009 9/9/2008 2 of 6 Fire Communications Service Contract If the U.S. Government ceases to publish the Index on a December 1996 = 100 reference base, the Index shall be converted to the currently published standard reference base period in accordance with the conversation factor published by the United States Department of Labor, Bureau of Labor Statistics. If the index is discontinued or revised during the term, such other governmental index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. If a correction is made to previously published Index data, the corrected data shall be used prospectively. 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 City Treasurer, 129 North 2nd Street, Yakima, Washington. 7. Definition of Alarm Calls. A call to be charged for under the terms of this Contract is defined as follows: A. An alarm call is defined as: a call requiring the dispatch of equipment from any of the Districts or the Cities. Any number of vehicles from the responsible Districts or Cities may answer any such alarm call. All communications dealing with such alarm call shall be deemed as (1) alarm call. FD Dispatch Contract — 2009 9/9/2008 3 of 6 Fire Communications Service Contract 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 of race, age, color, sex, religion, national origin, creed marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: Employment, upgrading, demotion, transfer, recruitment, advertising, layoff, or termination, rates of pay or other forms of compensation, and selection for training. 11. No Insurance. It is understood Yakima does not maintain liability insurance for the Districts and/or the Cities and/or their employees. 12. Assignment. This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part either the Districts or the Cities to any other person or entity without the prior written consent of Yakima. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the Districts and the Cities stated herein. FD Dispatch Contract — 2009 9/9/2008 4 of 6 Fire Communications Service Contract 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 - 2009 9/9/2008 5 of 6 Fire Communications Services Contract IN WITNESS WHEREOF, the parties have set their hands and seals. CITY OF YAKIMA By: ATTEST: DATED: /2..- / P- o O. RESOLUTION NO: /` D /7 FD Dispatch Contract — 2009 6 of 6 9/10/2008 CITY OF UNION GAP DATED: CSC, City lerk CITY OF UNION GAP, WASHINGTON RESOLUTION NO. 743 A RESOLUTION authorizing the Mayor to sign a Fire Communications Services Contract with the City of Yakima. WHEREAS, the City's Fire Department has been contracting with the City of Yakima for the provision of dispatching services for the handling and processing of fire, alarm, and emergency calls: WHEREAS, it is the City's desire to provide for the continuation of such services; WHEREAS, RCW 39.34, the Interlocal Cooperation Act, provides that the cities may contract for provisions of such services; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNION GAP, WASHINGTON, HEREBY RESOLVES as follows: The Mayor is authorized to sign the Fire Communications Services Contract between the City of Union Gap and the City of Yakima for the provision of dispatching services for the handling and processing of fire, alarm, and emergency calls. PASSED this 27th day of October 2008. ATTEST: \ C� Vti c - Kathryn omps n, CMC City Clerk (31 Ji Lemon Mayor APPROVED AS TO FORM: Robert F!Noe City Attorney 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 — 2009 9/9/2008 1 of 6 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, 2009 and terminating at midnight on December 31, 2009. 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 2008 of Thirty -Six dollars and Forty -Seven cents ($36.47). 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 December 1996 =100 (Index) for the calendar year preceding this computation with a Three Percent (3.0%) minimum. The product of this computation shall be added to the previous year's cost per call. CPI -U July 2007 through June 2008= 4.63% 2008 cost per run $36.47 $36.47 Percent Increase x 0.463 $ 1.69 Increase $ 1.69 $38.16 FD Dispatch Contract - 2009 9/9/2008 2 of 6 Fire Communications Service Contract If the U.S. Government ceases to publish the Index on a December 1996 = 100 reference base, the Index shall be converted to the currently published standard reference base period in accordance with the conversation factor published by the United States Department of Labor, Bureau of Labor Statistics. If the index is discontinued or revised during the term, such other governmental index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. If a correction is made to previously published Index data, the corrected data shall be used prospectively. 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 City Treasurer, 129 North 2nd Street, Yakima, Washington. 7. Definition of Alarm Calls. A call to be charged for under the terms of this Contract is defined as follows: A. An alarm call is defined as: a call requiring the dispatch of equipment from any of the Districts or the Cities. Any number of vehicles from the responsible Districts or Cities may answer any such alarm call. All communications dealing with such alarm call shall be deemed as (1) alarm call. FD Dispatch Contract — 2009 9/9/2008 3 of 6 Fire Communications Service Contract 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 of race, age, color, sex, religion, national origin, creed marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: Employment, upgrading, demotion, transfer, recruitment, advertising, layoff, or termination, rates of pay or other forms of compensation, and selection for training. 11. No Insurance. It is understood Yakima does not maintain liability insurance for the Districts and/or the Cities and/or their employees. 12. Assignment. This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part either the Districts or the Cities to any other person or entity without the prior written consent of Yakima. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the Districts and the Cities stated herein. FD Dispatch Contract — 2009 9/9/2008 4 of 6 Fire Communications Service Contract 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 — 2009 9/9/2008 5 of 6 Fire Communications Services Contract IN WITNESS WHEREOF, the parties have set their hands and seals. CITY OF YAKIMA By: '1 City Manager ATTEST: 4/42—Ara-LaiLLl/ hrr2 City Clerk DATED: /2-rr-off CITY Co RESOL FD Dispatch Contract — 2009 6 of 6 9/10/2008 CITY OF SELAH By: / _ //7i 67r or Pro Tem ATTEST: DATED: 03 AC 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 — 2009 12/4/2008 1 of 6 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 Operatiion. 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, 2009 and terminating at midnight on December 31, 2009. 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 2008 of Thirty -Six dollars and Forty -Seven cents ($36.47). 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 December 1996 =100 (Index) for the calendar year preceding this computation with a Three Percent (3.0%) minimum. The product of this computation shall be added to the previous year's cost per call. CPI -U July 2007 through June 2008=: 4.63% 2008 cost per run $36.47 $36.47 Percent Increase x 0.463 $ 1.69 Increase $ 1.69 $38.16 FD Dispatch Contract — 2009 12/4/2008 2 of 6 Fire Communications Service Contract If the U.S. Government ceases to publish the Index on a December 1996 = 100 reference base, the Index shall be converted to the currently published standard reference base period in accordance with the conversation factor published by the United States Department of Labor, Bureau of Labor Statistics. If the index is discontinued or revised during the term, such other governmental index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. If a correction is made to previously published Index data, the corrected data shall be used prospectively. 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 City Treasurer, 129 North 2nd Street, Yakima, Washington. 7. Definition of Alarm Calls. A call to be charged for under the terms of this Contract is defined as follows: A. An alarm call is defined as: a call requiring the dispatch of equipment from any of the Districts or the Cities. Any number of vehicles from the responsible Districts or Cities may answer any such alarm call. All communications dealing with such alarm call shall be deemed as (1) alarm call. FD Dispatch Contract - 2009 12/4/2008 3 of 6 Fire Communications Service Contract 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 of race, age, color, sex, religion, national origin, creed marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: Employment, upgrading, demotion, transfer, recruitment, advertising, layoff, or termination, rates of pay or other forms of compensation, and selection for training. 11. No Insurance. It is understood Yakima does not maintain liability insurance for the Districts and/or the Cities and/or their employees. 12. Assignment. This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part either the Districts or the Cities to any other person or entity without the prior written consent of Yakima. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the Districts and the Cities stated herein. FD Dispatch Contract - 2009 12/4/2008 4 of 6 Fire Communications Service Contract 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 — 2009 12/4/2008 5 of 6 Fire Communications Services Contract IN WITNESS WHEREOF, the parties have set their hands and seals. CITY OF YAKIMA YAKIMA COUNTY FIRE DISTRICT NO. 1 By: � -4=.1 By: City ager ATTEST: City Clerk DATED: CITY CCNTRAC f NO. RESOLUTION NO i;e-204f-/73 FD Dispatch Contract - 2009 6 of 6 9/10/2008 doair, Fire Coirnissioners ATTEST: A4Ovi AJ,_. Secretary asurer DA'Z'ED: 0c-, ••-.0() �D Z 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 Distriicts 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 — 2009 9/912008 1 of 6 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, 2009 and terminating at midnight on December 31, 2009. 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 2008 of Thirty -Six dollars and Forty -Seven cents ($36.47). 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 December 1996 =100 (Index) for the calendar year preceding this computation with a Three Percent (3.0%) minimum. The product of this computation shall be added to the previous year's cost per call. CPI -U July 2007 through June 2008= 4.63% 2008 cost per run $36.47 $36.47 Percent Increase x 0.463 $ 1.69 Increase $ 1.69 $38.16 FD Dispatch Contract - 2009 9/9/2008 2 of 6 Fire Communications Service Contract If the U.S. Government ceases to publish the Index on a December 1996 = 100 reference base, the Index shall be converted to the currently published standard reference base period in accordance with the conversation factor published by the United States Department of Labor, Bureau of Labor Statistics. If the index is discontinued or revised during the term, such other governmental index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. If a correction is made to previously published Index data, the corrected data shall be used prospectively. 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 City Treasurer, 129 North 2nd Street, Yakima, Washington. 7. Definition of Alarm Calls. A call to be charged for under the terms of this Contract is defined as follows: A. An alarm call is defined as: a call requiring the dispatch of equipment from any of the Districts or the Cities. Any number of vehicles from the responsible Districts or Cities may answer any such alarm call. All communications dealing with such alarm call shall be deemed as (1) alarm call. FD Dispatch Contract — 2009 9/9/2008 3 of 6 Fire Communications Service Contract 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 of race, age, color, sex, religion, national origin, creed marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: Employment, upgrading, demotion, transfer, recruitment, advertising, layoff, or termination, rates of pay or other forms of compensation, and selection for training. 11. No Insurance. It is understood Yakima does not maintain liability insurance for the Districts and/or the Cities and/or their employees. 12. Assignment. This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part either the Districts or the Cities to any other person or entity without the prior written consent of Yakima. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the Districts and the Cities stated herein. FD Dispatch Contract — 2009 9/9/2008 4 of 6 Fire Communications Service Contract 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 — 2009 9/9/2008 5 of 6 Fire Communications Services Contract IN WITNESS WHEREOF, the parties have set their hands and seals. CITY OF YAKIMA YAKIMA COUNTY FIRE DISTRICT NO. 2 By: --� 4 City anager By: ATTEST: ATTEST: City Clerk re, air, Fire Commissioners Secretary/ reasurer DATED: DATED: /z -tr -off CITY CONTRAC f NO:„Le.,61:1fg RESOLUTION NO , I ",,ga jI Z6 FD Dispatch Contract — 2009 6 of 6 9/10/2008 YAKIMA COUNTY FIRE DISTRICT #2 Resolution # 221 Subject: Yakima County,Fire District #2 Commissioners signing a Fire Communications Services Contract with the Cities of Yakima, Selah, and Union Gap, Yakima County Fire Protection 1, 3, 4, 6, 9, 12, and 14. WHEREAS, Yakima County Fire District #2 wishes to enter into a Fire Services Contract with the City of Yakima, Selah, and Union Gap, and Yakima County Fire District 1,3,4,6,9,11,12, and 14; and WHEREAS, the term of the contract is for one (1) years commencing January 1, 2009 and terminating at midnight December 31, 2009; NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE BOARD OF FIRE COMMISSIONERS OF YAKIMA COUNTY FIRE PROTECTION DISTRICT #2, that the Commissioners of Yakima County Fire District #2 sign the Fire Communications Services Contract with the said parties. A copy of the said agreement is attached and incorporated as shown. Adopted at a meeting of the Board of Commissioners, Yakima County Fire District #2, On the 6th day of October, 2008. Attest: Chairperson ner/ Commissioner F 3 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 - 2009 91912008 12 1 of 6 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, 2009 and terminating at midnight on December 31, 2009. 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 2008 of Thirty -Six dollars and Forty -Seven cents ($36.47). 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 December 1996 =100 (Index) for the calendar year preceding this computation with a Three Percent (3.0%) minimum. The product of this computation shall be added to the previous year's cost per call. CPI -U July 2007 through June 2008= 4.63% 2008 cost per run $36.47 $36.47 Percent Increase x 0.463 $ 1.69 Increase $ 1.69 $38.16 FD Dispatch Contract - 2009 9/9/2008 2 of 6 Fire Communications Service Contracf If the U.S. Government ceases to publish the Index on a December 1996 = 100 reference base, the Index shall be converted to the currently published standard reference base period in accordance with the conversation factor published by the United States Department of Labor, Bureau of Labor Statistics. If the index is discontinued or revised during the term, such other governmental index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. If a correction is made to previously published Index data, the corrected data shall be used prospectively. 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 City Treasurer, 129 North 2nd Street, Yakima, Washington. 7. Definition of Alarm Calls. A call to be charged for under the terms of this Contract is defined as follows: A. An alarm call is defined as: a call requiring the dispatch of equipment from any of the Districts or the Cities. Any number of vehicles from the responsible Districts or Cities may answer any such alarm call. All communications dealing with such alarm call shall be deemed as (1) alarm call. FD Dispatch Contract — 2009 9/9/2008 3 of 6 Fire Communications Service Contract 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 of race, age, color, sex, religion, national origin, creed marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: Employment, upgrading, demotion, transfer, recruitment, advertising, layoff, or termination, rates of pay or other forms of compensation, and selection for training. 11. No Insurance. It is understood Yakima does not maintain liability insurance for the Districts and/or the Cities and,/or their employees. 12. Assignment. This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part either the Districts or the Cities to any other person or entity without the prior written consent of Yakima. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the Districts and the Cities stated herein. FD Dispatch Contract — 2009 9/9/2008 4 of 6 Fire Communications Service Contract 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 2009 9/9/2008 5 of 6 Fire Communications Services Contract IN WITNESS WHEREOF, the parties have set their hands and seals. CITY OF YAKIMA By: ATTEST: City Clerk DATED: Iz -1/-de CITY CONTRAC f NO:_ 2tg �-. f 12 RESOLUTION N0: ` - 22aCa-V YAKIMA COUNTY FIRE DISTRICT NO. 3 FD Dispatch Contract — 2009 6 of 6 9/10/2008 B Chair, Fire Commis '`rs ATTEST: Secretary/Treasurer DATED: ((-(U -Gc 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 - 2009 12/4/2008 1 of 6 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, 2009 and terminating at midnight on December 31, 2009. 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 2008 of Thirty -Six dollars and Forty -Seven cents ($36.47). 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 December 1996 =100 (Index) for the calendar year preceding this computation with a Three Percent (3.0%) minimum. The product of this computation shall be added to the previous year's cost per call. CPI -U July 2007 through June 2008= 4.63% 2008 cost per run $36.47 $36.47 Percent Increase x 0.463 $ 1.69 Increase $ 1.69 $38.16 FD Dispatch Contract — 2009 12/4/2008 2 of 6 Fire Communications Service Contract If the U.S. Government ceases to publish the Index on a December 1996 = 100 reference base, the Index shall be converted to the currently published standard reference base period in accordance with the conversation factor published by the United States Department of Labor, Bureau of Labor Statistics. If the index is discontinued or revised during the term, such other governmental index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. If a correction is made to previously published Index data, the corrected data shall be used prospectively. 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 City Treasurer, 129 North 2nd Street, Yakima, Washington. 7. Definition of Alarm Calls. A call to be charged for under the terms of this Contract is defined as follows: A. An alarm call is defined as: a call requiring the dispatch of equipment from any of the Districts or the Cities. Any number of vehicles from the responsible Districts or Cities may answer any such alarm call. All communications dealing with such alarm call shall be deemed as (1) alarm call. FD Dispatch Contract — 2009 12/4/2008 3 of 6 Fire Communications Service Contract 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 of race, age, color, sex, religion, national origin, creed marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: Employment, upgrading, demotion, transfer, recruitment, advertising, layoff, or termination, rates of pay or other forms of compensation, and selection for training. 11. No Insurance. It is understood Yakima does not maintain liability insurance for the Districts and/or the Cities and/or their employees. 12. Assignment. This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part either the Districts or the Cities to any other person or entity without the prior written consent of Yakima. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the Districts and the Cities stated herein. FD Dispatch Contract — 2009 12/4/2008 4 of 6 Fire Communications Service Contract 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 — 2009 12/4/2008 5 of 6 Fire Communications Services Contract IN WITNESS WHEREOF, the parties have set their hands and seals. CITY OF YAKIMA By: ATTEST: City Manager YAKIMA COUNTY FIRE DISTRICT NO. 4 By: L/ii4u ir, Fire ommissioners ATTEST: DATED: City Clerk (2-rl-Og9 CITY CONTRAC f NO: ,,..2/21)/-/Sla. RESOLUTION NO* 1S1 '- 240%-i7.3 FD Dispatch Contract — 2009 6 of 6 9/10/2008 Secretary/Treas er DATED: a 119\0 9 () 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 — 2009 9/9/2008 1 of 6 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, 2009 and terminating at midnight on December 31, 2009. 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 2008 of 'Thirty -Six dollars and Forty -Seven cents ($36.47). 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 :December 1996 =100 (Index) for the calendar year preceding this computation with a Three Percent (3.0%) minimum. The product of this computation shall be added to the previous year's cost per call. CPI -U July 2007 through June 2008= 4.63% 2008 cost per run $36.47 $36.47 Percent Increase x 0.463 $ 1.69 Increase $ 1.69 $38.16 FD Dispatch Contract — 2009 9/9/2008 2 of 6 Fire Communications Service Contract If the U.S. Government ceases to publish the Index on a December 1996 = 100 reference base, the Index shall be converted to the currently published standard reference base period in accordance with the conversation factor published by the United States Department of Labor, Bureau of Labor Statistics. If the index is discontinued or revised during the term, such other governmental index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. If a correction is made to previously published Index data, the corrected data shall be used prospectively. 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 City Treasurer, 129 North 2nd Street, Yakima, Washington. 7. Definition of Alarm Calls. A call to be charged for under the terms of this Contract is defined as follows: A. An alarm call is defined as: a call requiring the dispatch of equipment from any of the Districts or the Cities. Any number of vehicles from the responsible Districts or Cities may answer any such alarm call. All communications dealing with such alarm call shall be deemed as (1) alarm call. FD Dispatch Contract — 2009 9/9/2008 3 of 6 Fire Communications Service Contract 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 of race, age, color, sex, religion, national origin, creed marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: Employment, upgrading, demotion, transfer, recruitment, advertising, layoff, or termination, rates of pay or other forms of compensation, and selection for training. 11. No Insurance. It is understood Yakima does not maintain liability insurance for the Districts and/or the Cities and/or their employees. 12. Assignment. This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part either the Districts or the Cities to any other person or entity without the prior written consent of Yakima. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the Districts and the Cities stated herein. FD Dispatch Contract — 2009 9/9/2008 4 of 6 Fire Communications Service Contract 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 — 2009 9/9/2008 5 of 6 Fire Communications Services Contract IN WITNESS WHEREOF, the parties have set their hands and seals. CITY OF YAKIMA YAKIMA COUNTY FIRE DISTRICT NO. 6 By: By: City ager Chair, Fire Commissioners ATTEST: ATTEST:: City Clerk DATED: !z -ii -cg 002s— CITY CONTRAC r N0: __ezr-v7.? RESOLUTION NO:�_ 2O /Z3 FD Dispatch Contract — 2009 6 of 6 9/10/2008 z=4. -f Se reta /Treasure DATED: ry r 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 — 2009 91912008 1 of 6 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, 2009 and terminating at midnight on December 31, 2009. 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 2008 of Thirty -Six dollars and Forty -Seven cents ($36.47). 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 December 1996 =100 (Index) for the calendar year preceding this computation with a Three Percent (3.0%) minimum. The product of this computation shall be added to the previous year's cost per call. CPI -U July 2007 through June 2008= 4.63% 2008 cost per run $36.47 $36.47 Percent Increase x 0.463 $ 1.69 Increase $ 1.69 $38.16 FD Dispatch Contract — 2009 9/9/2008 2 of 6 Fire Communications Service Contract If the U.S. Government ceases to publish the Index on a December 1996 = 100 reference base, the Index shall be converted to the currently published standard reference base period in accordance with the conversation factor published by the United States Department of Labor, Bureau of Labor Statistics. If the index is discontinued or revised during the term, such other governmental index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. If a correction is made to previously published Index data, the corrected data shall be used prospectively. 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 ruin 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 City Treasurer, 129 North 2nd Street, Yakima, Washington. 7 Definition of Alarm Calls. A call to be charged for under the terms of this Contract is defined as follows: A. An alarm call is defined as: a call requiring the dispatch of equipment from any of the Districts or the Cities. Any number of vehicles from the responsible Districts or Cities may answer any such alarm call. All communications dealing with such alarm call shall be deemed as (1) alarm call. FD Dispatch Contract — 2009 9/9/2008 3 of 6 Fire Communications Service Contract 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 of race, age, color, sex, religion, national origin, creed marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: Employment, upgrading, demotion, transfer, recruitment, advertising, layoff, or termination, rates of pay or other forms of compensation, and selection for training. 11. No Insurance. It is understood Yakima does not maintain liability insurance for the Districts and/or the Cities and/or their employees. 12. Assignment. This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part either the Districts or the Cities to any other person or entity without the prior written consent of Yakima. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the Districts and the Cities stated herein. FD Dispatch Contract — 2009 9/9/2008 4 of 6 Fire Communications Service Contract 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 — 2009 9/9/2008 5 of 6 Fire Communications Services Contract IN WITNESS WHEREOF, the parties have set their hands and seals. CITY OF YAKIMA By: ATTEST: DATED: YAKIMA COUNTY FIRE DISTRICT NO. 9 City anager City Clerk 12, 1/ gi CITY CONTRAC f NO:E RESOLUTION N0 FD Dispatch Contract — 2009 6 of 6 9/10/2008 B Chair, Fire Commissioners ATTEST: Secretary/Treasurer DATED: Fire Communications Service Contract FIRE COMMUNICATIONS SERVICES CONTRACT THIS FIRE COMMUNICATIONS SERVICES CONTRACT, (hereafter the "Contract") is made and entered into by and between the City of Yakima (hereinafter "Yakima") and the 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 - 2009 12/4/2008 1 of 6 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, 2009 and terminating at midnight on December 31, 2009. 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 2008 of Thirty -Six dollars and Forty -Seven cents ($36.47). 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 December 1996 =100 (Index) for the calendar year preceding this computation with a Three Percent (3.0%) minimum. The product of this computation shall be added to the previous year's cost per call. CPI -U July 2007 through June 2008= 4.63% 2008 cost peri run $36.47 $36.47 Percent Increase x 0.463 $ 1.69 Increase $ 1.69 $38.16 FD Dispatch Contract - 2009 12/4/2008 2 of 6 Fire Communications Service Contract If the U.S. Government ceases to publish the Index on a December 1996 = 100 reference base, the Index shall be converted to the currently published standard reference base period in accordance with the conversation factor published by the United States Department of Labor, Bureau of Labor Statistics. If the index is discontinued or revised during the term, such other governmental index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. I a correction is made to previously published Index data, the corrected data shall be used prospectively. 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 City Treasurer, 129 North 2nd Street, Yakima, Washington. 7 Definition of Alarm Calls. A call to be charged for under the terms of this Contract is defined as follows: A. An alarm call is defined as: a call requiring the dispatch of equipment from any of the Districts or the Cities. Any number of vehicles from the responsible Districts or Cities may answer any such alarm call. All communications dealing with such alarm call shall be deemed as (1) alarm call. FD Dispatch Contract— 2009 1214/2008 3 of 6 Fire Communications Service Contract 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 of race, age, color, sex, religion, national origin, creed marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: Employment, upgrading, demotion, transfer, recruitment, advertising, layoff, or termination, rates of pay or other forms of compensation, and selection for training. 11. No Insurance. It is understood Yakima does not maintain liability insurance for the Districts and/or the Cities and/or their employees. 12. Assignment. This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part either the Districts or the Cities to any other person or entity without the prior written consent of Yakima. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the Districts and the Cities stated herein. FD Dispatch Contract — 2009 12/4/2008 4 of 6 Fire Communications Service Contract 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 — 2009 12/4/2008 5 of 6 Fire Communications Services Contract IN WITNESS WHEREOF, the parties have set their hands and seals. CITY OF YAKIMA YAKIMA COUNTY FIRE DISTRICT NO. 12 By: City Manager ATTEST: City Clerk DATED: CITY CONTRAC f NO' et- /;/ A RESOLUTION NO:27� FD Dispatch Contract — 2007/08 6 of 6 9/9/2008 By:? Chair, Fire Commissioners ATTEST: DATED: \4\O@ QST VAyL.4. ^5CFO FIRE - RESCUE Yakima Co Fire Dist 12 10000 Zier Rd Yakima, WA 98908 PD (9 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 ROW 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 — 2009 9/9/2008 1 of 6 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, 2009 and terminating at midnight on December 31, 2009. 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 2008 of Thirty -Six dollars and Forty -Seven cents ($36.47). 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 December 1996 =100 (Index) for the calendar year preceding this computation with a Three Percent (3.0%) minimum. The product of this computation shall be added to the previous year's cost per call. CPI -U July 2007 through June 2008= 4.63% 2008 cost per run $36.47 $36.47 Percent Increase x 0.463 $ 1.69 Increase $ 1.69 $38.16 FD Dispatch Contract - 2009 9/9/2008 2 of 6 Fire Communications Service Contract If the U.S. Government ceases to publish the Index on a December 1996 = 100 reference base, the Index shall be converted to the currently published standard reference base period in accordance with the conversation factor published by the United States Department of Labor, Bureau of Labor Statistics. If the index is discontinued or revised during the term, such other governmental index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. ][f a correction is made to previously published Index data, the corrected data shall be used prospectively. 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 City Treasurer, 129 North 2nd Street, Yakima, Washington. 7. Definition of Alarm Calls. A call to be charged for under the terms of this Contract is defined as follows: A. An alarm call is defined as: a call requiring the dispatch of equipment from any of the Districts or the Cities. Any number of vehicles from the responsible Districts or Cities may answer any such alarm call. All communications dealing with such alarm call shall be deemed as (1) alarm call. FD Dispatch Contract — 2009 9/9/2008 3 of 6 Fire Communications Service Contract` 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 of race, age, color, sex, religion, national origin, creed marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: Employment, upgrading, demotion, transfer, recruitment, advertising, layoff, or termination, rates of pay or other forms of compensation, and selection for training. 11. No Insurance. It is understood Yakima does not maintain liability insurance for the Districts and/or the Cities and/or their employees. 12. Assignment. This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part either the Districts or the Cities to any other person or entity without the prior written consent of Yakima. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the Districts and the Cities stated herein. FD Dispatch Contract — 2009 9/9/2008 4 of 6 Fire Communications Service Contract 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 — 2009 9/9/2008 5 of 6 Fire Communications Services Contract IN WITNESS WHEREOF, the parties have set their hands and seals. CITY OF YAKIMA YAKIMA COUNTY FIRE DISTRICT NO. 14 City Clerk DATED: 12-i1-6-2/ CITY CONTRAC r RESOLUTION FD Dispatch Contract — 2009 6 of 6 9/10/2008 Chair, Fire Co issioners ATTEST: Sefetary/Treasurer DATED: 64,t26, -/.647(,266T-