HomeMy WebLinkAboutR-2013-016 Fire Communications Services with City of Union Gap, City of Selah, and various Yakima County Fire Protective DistrictsRESOLUTION NO. R- 2013 -016
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
years 2013 and 2014; 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 5`h day of February, 2012.
ATTEST:
ee, City Clerk i ,� ♦�!``� s
Micah Cawl Mayor
POLICE COMMUNICATIONS SERVICES CONTRACT
THIS POLICE COMMUNICATIONS SERVICES CONTRACT,
(hereafter the "Contract ") is made and entered into by and between the City
of Yakima (hereinafter "Yakima ") and the City of Union Gap (hereinafter
the "User Agency ").
WITNESSETH
WHEREAS, Yakima has the ability to provide dispatching services to
the User Agency for the handling and processing of emergency and non -
emergency incidents and traffic stops;
WHEREAS, Yakima and the User Agency, desire to enter into a
contract for such services;
NOW, THEREFORE, pursuant to RCW 39.34 and the mutual
covenants, promises, and agreements set forth herein, it is agreed by and
between Yakima and the User Agency as follows:
1. SunComm 9 -1 -1 Communications Center. Yakima shall continue
to operate a central facility to be known as the SunComm 9 -1 -1
Communications Center within the City of Yakima and shall use the
same for the purpose of receiving police incidents from the area
served by the User Agency, and shall dispatch police units in answer
to any such emergency incidents, shall monitor the activity of the User
Agency's police units for traffic stops and for other related business.
2. Authority of Dispatch Center. It is agreed that the duty of operating
the SunComm 9 -1 -1 Communications Center and the complete
management thereof is vested in Yakima and that Yakima shall have
the full, complete, and exclusive authority to operate and manage such
SunComm 9 -1 -1 Communications Center, including, but not limited
to, the authority to hire and fire employees for such office.
3. Expense of Maintenance and Operation. The expense of continued
maintenance and operation of the SunComm 9 -1 -1 Communications
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Center, including the expense of operating all telephone lines
terminating at the SunComm 9 -1 -1 Communications Center, and
including the maintenance of equipment located within the SunComm
9 -1 -1 Communications Center shall be borne by Yakima.
4. Policies and Procedures. Yakima and the User Agency shall jointly
develop policies and procedures for processing the User Agency's
activities. While some custom policies and /or procedures will be
accommodated, due consideration shall be made to standardization
whenever possible.
5. After Hours, Non- Emergency Call Handling. The SunComm 9 -1 -1
Communications Center shall provide a telephone number for the
User Agency to transfer their non - emergency, main business
telephone number to for coverage after the User Agency's business
hours. Normally this shall be from 1700 hours to 0800 daily,
weekends and federally observed holidays. The Communications
Center shall process the dispatch -able calls received and shall advise
callers with non - emergency business inquiries to call back during the
User Agency's normal operating hours.
6. Warrants, Stolen Vehicles, Runaways, NOC's. The SunComm 9 -1-
1 Communications Center shall maintain the User Agency's law
enforcement records. The Communications Center shall work with
the User Agency, following established policies and procedures, for
processing these records outside of the User Agency's business hours.
7. Definitions. An incident to be charged for under the terms of this
Contract is defined as follows:
1. An incident is defined as: A call requiring the dispatch of police
unit(s) from the User Agency. Any number of vehicles from the
User Agency may answer any such incident. All
communications dealing with such incident shall be deemed as
one (1) incident.
2. An Officer Initiated Event is defined as: A User Agency police
unit informs dispatch they are taking an action that requires a
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dispatch record. This excludes such non - emergency activity such
as; taking lunch, out at station, out with a citizen that does not
create any additional actions by dispatch. Actions that require
wants /warrant checks, case numbers, etc. do qualify as an Officer
Initiated event and is billable.
3. Traffic Stop is defined as: An officer initiating an incident that
strictly involves stopping a vehicle for a traffic violation.
8. Term of Contract. This Contract is for a term of two (2) calendar
years commencing January 1, 2013 and terminating at midnight on
December 31, 2014.
9. Cost of Service. Yakima shall maintain a record of all the User
Agency's incidents, including traffic stops and officer initiated events
and Yakima shall charge the User Agency for each incident as stated
herein. The base cost per alarm call for the contract period shall be
the cost per alarm in calendar year 2012 of nine dollars and eighty -
five cents ($9.85) for dispatch or officer initiated incidents other than
traffic stops. The base cost for traffic stops in calendar year 2012
shall be four dollars and ninety -three cents ($4.93).
The cost per alarm call for each subsequent year of the contract shall
be increased effective January 1 of each year for the contract term to
an amount equal to the previous calendar year cost per dispatch,
officer initiated event and traffic stops plus the previous year's cost
per call multiplied by five percent (5 %).
To accommodate the User Agency's budget cycle Yakima shall
provide, in writing, by August of each year governed by this
contract, the cost for dispatch services for the next budget year. The
numbers will be based on the 2010 year's incidents and traffic stops
handled by Yakima for the User Agency, multiplied by the cost per
run rate applicable for the respective year.
10. Quarterly Payments. The User Agency shall be billed the first of
each calendar quarter for dispatch services during that calendar year.
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The User Agency shall
within thirty (30) days
made to Yakima City
Washington.
pay for each quarter's billing for services
after billing by Yakima. Payment shall be
Treasurer, 129 North 2nd Street, Yakima,
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.
9. Liability of Yakima. Yakima shall not be liable to the User Agency, its
elected officials, officers, employees, and agents for failure to provide, or
delays in providing, services herein, if due to any cause beyond the City
of Yakima's control, such as, but not limited to, power outage, fire, water,
energy shortages, failure of its communications or computer hardware or
operating system, natural disaster, or inability to provide or continue to
provide the agreed upon services due to a court ruling or other legal
action adverse to the City of Yakima or this Contract.
10. Indemnification /Promise Not to Sue
1. The User Agency agrees to hold harmless, indemnify, protect,
and defend Yakima, its elected officials, officers, employees,
and agents from and against any and all claims, demands, losses,
liens, liabilities, penalties, fines, lawsuits, and other proceedings
and all judgments, awards, costs and expenses (including
attorneys' fees and disbursements) that result from or arise out of
the sole negligence or intentionally wrongful acts or omissions
of the User Agency, its elected officials, officers, employees,
and agents in connection with or incidental to the performance
or non - performance of this Contract.
2. In the event that the officials, officers, agents, and /or employees
of both Yakima and the User Agency are negligent, each party
shall be liable for its contributory share of negligence for any
resulting suits, actions, claims, liability, damages, judgments,
costs and expenses (including reasonable attorney's fees).
812212012 4 of 7 2013.14 UGPD Dispatch Contract
3. Nothing contained in this Section or this Contract shall be
construed to create a liability or right of indemnification in any
third party.
11. Nondiscrimination Provision. During the performance of this Contract,
Yakima shall not discriminate on the basis of race, age, color, sex,
religion, national origin, creed marital status, political affiliation, or the
presence of any sensory, mental or physical handicap. This provision
shall include but not be limited to the following: Employment,
upgrading, demotion, transfer, recruitment, advertising, layoff, or
termination, rates of pay or other forms of compensation, and selection
-for- training.
12. No Insurance. It is understood Yakima does not maintain liability
insurance for the User Agency and /or their employees.
13. Assignment. This Contract, or any interest herein, or claim hereunder,
shall not be assigned or transferred in whole or in part to any other person
or entity without the prior written consent of Yakima. In the event that
such prior written consent to an assignment is granted, then the assignee
shall assume all duties, obligations, and liabilities the User Agency stated
herein.
14. Severability
1. If a court of competent jurisdiction holds any part, term or
provision of this Agreement to be illegal, or invalid in whole or in
part, the validity of the remaining provisions shall not be affected,
and the parties' rights and obligations shall be construed and
enforced as if the Agreement did not contain the particular provision
held to be invalid.
2. If any provision of this Agreement is in direct conflict with any
statutory provision of the State of Washington, that provision which
may conflict shall be deemed inoperative and null and void insofar as
it may conflict, and shall be deemed modified to conform to such
statutory provision.
8122/2012 5 of 7 2013.14 UGPD Dispatch Contract
15. Integration. This written document constitutes the entire agreement
between Yakima and the User Agency. There are no other oral or written
agreements between the parties as to the subjects covered herein. No
changes or additions to this Contract shall be valid or binding upon either
party unless such change or addition be in writing and executed by all
parties.
16. Representations & Warranties
1. The User Agency acknowledges that it has not been induced to
enter into this Contract by any representation or statements, oral
or written, not expressly contained herein or expressly
incorporated by reference.
2. The City of Yakima makes no representations, warranties, or
guaranties, express or implied, other than the express
representations, warranties, and guaranties contained in this
Contract.
17. Governing Law. This contract shall be governed by and construed in
accordance with the laws of the State of Washington.
18. Venue. The venue for any action to enforce or interrupt this Contract
shall lie in the Superior Court of Washington for Yakima County
Washington.
19. Signature. The person executing this Contract on behalf of the User
Agency represents and warrants that he or she has been fully authorized
by the governing body of the User Agency to execute this Contract on its
behalf and to legally bind the User Agency to all the terms, performances
and provisions of this Contract.
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
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z
IN WITNESS WHEREOF, the parties have set their hands
and seals.
CITY QF Y
Tony O' o rke,
City Mandgq
Date: >
8!22!2012
ATTEST:
.&V4
City Clerk
CITY OF UNION GAP I
Title: ► "t, ��d
Date:
7ATTEST:
6. '..l . `C' Clerk
Contract No.
Contract N
/Z,'54714Lh 110 A-
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2013 -14 UGPD Dispatch Contract
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. SunComm 9 -1 -1 Communications Center. Yakima shall
continue to operate a central facility to be known as the SunComm
9 -1 -1 Communications Center within the City of Yakima and shall
use the same for the purpose of receiving fire and emergency
service calls from the respective areas served by all of the parties
hereto, and shall dispatch fire apparatus of the appropriate party in
answer to any such fire or emergency calls and for the purpose of
receiving and transmitting mutual aid calls among the various
parties hereto and for other related business.
2. Authority of Dispatch Center. It is agreed that the duty of
operating the SunComm 9 -1 -1 Communications Center and the
complete management thereof is vested in Yakima and that
Yakima shall have the full, complete, and exclusive authority to
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Fire Communications Service Contract
operate and manage such SunComm 9 -1 -1 Communications
Center, including, but not limited to, the authority to hire and fire
employees for such office.
3. Expense of Maintenance and Operation.
The expense of
continued maintenance and operation of the
SunComm 9 -1 -1
Communications Center, including the expense of operating all
telephone lines terminating at the SunComm 9 -1 -1
Communications Center, and including the
maintenance of
equipment located within the SunComm 9 -1 -1
Communications
Center belonging to the Districts and /or Cities
shall be borne by
Yakima.
4. Term of Contract. This Contract is for a term of two (2) calendar
years commencing January 1, 2013 and terminating at midnight on
December 31, 2014.
In the event that the method of response to alarm calls is
significantly altered, such as tiered emergency medical
response, both parties agree that this agreement shall be
opened to reconsider the Cost of Service formula under the
new conditions of dispatching alarm calls.
5. Cost of Service. Yakima shall maintain a record of all the
Districts' and 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 2012 of Forty -two dollars and Ten
cents ($42.10). The cost per alarm call for each subsequent year of
the contract shall be increased effective January 1 of each year for
the contract term to an amount equal to the previous calendar year
cost per alarm plus the previous year's cost per call multiplied by
the percentage given below:
Contract Year 2013 — increase 5% - $44.21
Contract Year 2014 — increase 5% - $46.42
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Fire Communications Service Contract
To accommodate each district and each of the cities' budget cycle,
Yakima shall provide, in writing, by August of each year governed
by this contract, the cost for dispatch services for the next budget
year. The numbers will be based on the 2010 alarm calls handled by
Yakima for each District and the Cities of Union Gap and Selah,
multiplied by 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.
B. Mutual Aid. In the event an individual District or Union Gap
or Selah requests mutual aid, it shall pay for each additional
alarm call it requests.
8. Early Termination of Contract. Any party hereto may terminate
this Contract, with or without cause, by providing sixty (60) days
written notice of termination to each of the parties to this Contract.
The Contract shall remain in full force and effect with regard to all
remaining parties who have not exercised early contract termination
pursuant to this clause.
9. Liability of Yakima. Yakima shall not be liable to the Districts and
Cities, its elected officials, officers, employees, and agents for failure
to provide, or delays in providing, services herein, if due to any cause
beyond the City of Yakima's control, such as, but not limited to,
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Fire Communications Service Contract
power outage, fire, water, energy shortages, failure of its
communications or computer hardware or operating system, natural
disaster, or inability to provide or continue to provide the agreed upon
services due to a court ruling or other legal action adverse to the City
of Yakima or this Contract.
10. INDEMNIFICATION /PROMISE NOT TO SUE.
A. The Districts and Cities agrees to hold harmless, indemnify,
protect, and defend Yakima, its elected officials, officers,
employees, and agents from and against any and all claims,
demands, losses, liens, liabilities, penalties, fines, lawsuits, and
other proceedings and all judgments, awards, costs and expenses
(including attorneys' fees and disbursements) that result from or
arise out of the sole negligence or intentionally wrongful acts or
omissions of the Districts and Cities, its elected officials,
officers, employees, and agents in connection with or incidental
to the performance or non - performance of this Contract.
B. In the event that the officials, officers, agents, and /or employees
of both Yakima and the Districts and Cities are negligent, each
party shall be liable for its contributory share of negligence for
any resulting suits, actions, claims, liability, damages,
judgments, costs and expenses (including reasonable attorney's
fees).
C. Nothing contained in this Section or this Contract shall be
construed to create a liability or right of indemnification in any
third party.
11. Nondiscrimination Provision. During the performance of this
Contract, Yakima shall not discriminate on the basis of race, age,
color, sex, religion, national origin, creed marital status, political
affiliation, or the presence of any sensory, mental or physical
handicap. This provision shall include but not be limited to the
following: Employment, upgrading, demotion, transfer, recruitment,
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Fire Communications Service Contract
advertising, layoff, or termination, rates of pay or other forms of
compensation, and selection for training.
12. No Insurance. It is understood Yakima does not maintain liability
insurance for the Districts and Cities and /or their employees.
13. Assignment. This Contract, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part to
any other person or entity without the prior written consent of
Yakima. In the event that such prior written consent to an assignment
is granted, then the assignee shall assume all duties, obligations, and
liabilities the Districts and Cities stated herein.
14. SEVERABILITY
1. If a court of competent jurisdiction holds any part, term or
provision of this Agreement to be illegal, or invalid in whole or in
part, the validity of the remaining provisions shall not be affected,
and the parties' rights and obligations shall be construed and
enforced as if the Agreement did not contain the particular provision
held to be invalid.
2. If any provision of this Agreement is in direct conflict with any
statutory provision of the State of Washington, that provision which
may conflict shall be deemed inoperative and null and void insofar as
it may conflict, and shall be deemed modified to conform to such
statutory provision.
15. Integration. This written document constitutes the entire agreement
between Yakima and the Districts and Cities. There are no other oral
or written agreements between the parties as to the subjects covered
herein. No changes or additions to this Contract shall be valid or
binding upon either party unless such change or addition be in writing
and executed by all parties.
16. REPRESENTATIONS & WARRANTIES
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Fire Communications Service Contract
1. The Districts and Cities acknowledges that it has not been
induced to enter into this Contract by any representation or
statements, oral or written, not expressly contained herein or
expressly incorporated by reference.
2. The City of Yakima makes no representations, warranties, or
guaranties, express or implied, other than the express
representations, warranties, and guaranties contained in this
Contract.
17. Governing Law. This contract shall be governed by and construed in
accordance with the laws of the State of Washington.
18. Venue. The venue for any action to enforce or interrupt this Contract
shall lie in the Superior Court of Washington for Yakima County
Washington.
19. Signature. It is agreed that this Contract may be signed by each
District separately and the signatures of all Districts and Cities need
not be placed on a single document. The person executing this
Contract on behalf of the District or City represents and warrants that
he or she has been fully authorized by the governing body of the
District or City to execute this Contract on its behalf and to legally
bind the Districts and Cities to all the terms, performances and
provisions of this Contract.
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
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Fire Communications Service Contract
IN WITNESS WHEREOF, the parties have set their hands
and seals.
CITY OF YAKIMA
DATED:
Z�
3-03
CITY CONTRAC r N0: 0 0
RESOLUTION NO: / `0
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CITY OF UNION GAP
By:
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. SunComm 9 -1 -1 Communications Center. Yakima shall
continue to operate a central facility to be known as the SunComm
9 -1 -1 Communications Center within the City of Yakima and shall
use the same for the purpose of receiving fire and emergency
service calls from the respective areas served by all of the parties
hereto, and shall dispatch fire apparatus of the appropriate party in
answer to any such fire or emergency calls and for the purpose of
receiving and transmitting mutual aid calls among the various
parties hereto and for other related business.
2. Authority of Dispatch Center. It is agreed that the duty of
operating the SunComm 9 -1 -1 Communications Center and the
complete management thereof is vested in Yakima and that
Yakima shall have the full, complete, and exclusive authority to
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Fire Communications Service Contract
operate and manage such SunComm 9 -1 -1 Communications
Center, including, but not limited to, the authority to hire and fire
employees for such office.
3. Expense of Maintenance and Operation. The expense of
continued maintenance and operation of the SunComm 9 -1 -1
Communications Center, including the expense of operating all
telephone lines terminating at the SunComm 9 -1 -1
Communications Center, and including the maintenance of
equipment located within the SunComm 9 -1 -1 Communications
Center belonging to the Districts and /or Cities shall be borne by
Yakima.
4. Term of Contract. This Contract is for a term of two (2) calendar
years commencing January 1, 2013 and terminating at midnight on
December 31, 2014.
In the event that the method of response to alarm calls is
significantly altered, such as tiered emergency medical
response, both parties agree that this agreement shall be
opened to reconsider the Cost of Service formula under the
new conditions of dispatching alarm calls.
5. Cost of Service. Yakima shall maintain a record of all the
Districts' and 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 2012 of Forty -two dollars and Ten
cents ($42.10). The cost per alarm call for each subsequent year of
the contract shall be increased effective January 1 of each year for
the contract term to an amount equal to the previous calendar year
cost per alarm plus the previous year's cost per call multiplied by
the percentage given below:
Contract Year 2013 — increase 5% - $44.21
Contract Year 2014 — increase 5% - $46.42
FD Dispatch Contract — 2013 -2014
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Fire Communications Service Contract
To accommodate each district and each of the cities' budget cycle
Yakima shall provide, in writing, by August of each year governed
by this contract, the cost for dispatch services for the next budget
year. The numbers will be based on the 2010 alarm calls handled by
Yakima for each District and the Cities of Union Gap and Selah,
multiplied by 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 2„ d Street, Yakima, Washington.
7. Definition of Alarm Calls. A call to be charged for under the
terms of this Contract is defined as follows:
A. An alarm call is defined as: a call requiring the dispatch of
equipment from any of the Districts or the Cities. Any number
of vehicles from the responsible Districts or Cities may answer
any such alarm call. All communications dealing with such
alarm call shall be deemed as (1) alarm call.
B. Mutual Aid. In the event an individual District or Union Gap
or Selah requests mutual aid, it shall pay for each additional
alarm call it requests.
8. Early Termination of Contract. Any party hereto may terminate
this Contract, with or without cause, by providing sixty (60) days
written notice of termination to each of the parties to this Contract.
The Contract shall remain in full force and effect with regard to all
remaining parties who have not exercised early contract termination
pursuant to this clause.
9. Liability of Yakima. Yakima shall not be liable to the Districts and
Cities, its elected officials, officers, employees, and agents for failure
to provide, or delays in providing, services herein, if due to any cause
beyond the City of Yakima's control, such as, but not limited to,
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Fire Communications Service Contract
power outage, fire, water, energy shortages, failure of its
communications or computer hardware or operating system, natural
disaster, or inability to provide or continue to provide the agreed upon
services due to a court ruling or other legal action adverse to the City
of Yakima or this Contract.
10. INDEMNIFICATION /PROMISE NOT TO SUE.
A. The Districts and Cities agrees to hold harmless, indemnify,
protect, and defend Yakima, its elected officials, officers,
employees, and agents from and against any and all claims,
demands, losses, liens, liabilities, penalties, fines, lawsuits, and
other proceedings and all judgments, awards, costs and expenses
(including attorneys' fees and disbursements) that result from or
arise out of the sole negligence or intentionally wrongful acts or
omissions of the Districts and Cities, its elected officials,
officers, employees, and agents in connection with or incidental
to the performance or non - performance of this Contract.
B. In the event that the officials, officers, agents, and /or employees
of both Yakima and the Districts and Cities are negligent, each
party shall be liable for its contributory share of negligence for
any resulting suits, actions, claims, liability, damages,
judgments, costs and expenses (including reasonable attorney's
fees).
C. Nothing contained in this Section or this Contract shall be
construed to create a liability or right of indemnification in any
third party.
11. Nondiscrimination Provision. During the performance of this
Contract, Yakima shall not discriminate on the basis of race, age,
color, sex, religion, national origin, creed marital status, political
affiliation, or the presence of any sensory, mental or physical
handicap. This provision shall include but not be limited to the
following: Employment, upgrading, demotion, transfer, recruitment,
FD Dispatch Contract — 2013 -2014
8/22/2012 4 of 7
Fire Communications Service Contract
advertising, layoff, or termination, rates of pay or other forms of
compensation, and selection for training.
12. No Insurance. It is understood Yakima does not maintain liability
insurance for the Districts and Cities and /or their employees.
13. Assignment. This Contract, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part to
any other person or entity without the prior written consent of
Yakima. In the event that such prior written consent to an assignment
is granted, then the assignee shall assume all duties, obligations, and
liabilities the Districts and Cities stated herein.
14. SEVERABILITY
1. If a court of competent jurisdiction holds any part, term or
provision of this Agreement to be illegal, or invalid in whole or in
part, the validity of the remaining provisions shall not be affected,
and the parties' rights and obligations shall be construed and
enforced as if the Agreement did not contain the particular provision
held to be invalid.
2. If any provision of this Agreement is in direct conflict with any
statutory provision of the State of Washington, that provision which
may conflict shall be deemed inoperative and null and void insofar as
it may conflict, and shall be deemed modified to conform to such
statutory provision.
15. Integration. This written document constitutes the entire agreement
between Yakima and the Districts and Cities. There are no other oral
or written agreements between the parties as to the subjects covered
herein. No changes or additions to this Contract shall be valid or
binding upon either party unless such change or addition be in writing
and executed by all parties.
16. REPRESENTATIONS & WARRANTIES
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Fire Communications Service Contract
1. The Districts and Cities acknowledges that it has not been
induced to enter into this Contract by any representation or
statements, oral or written, not expressly contained herein or
expressly incorporated by reference.
2. The City of Yakima makes no representations, warranties, or
guaranties, express or implied, other than the express
representations, warranties, and guaranties contained in this
Contract.
17. Governing Law. This contract shall be governed by and construed in
accordance with the laws of the State of Washington.
18. Venue. The venue for any action to enforce or interrupt this Contract
shall lie in the Superior Court of Washington for Yakima County
Washington.
19. Signature. It is agreed that this Contract may be signed by each
District separately and the signatures of all Districts and Cities need
not be placed on a single document. The person executing this
Contract on behalf of the District or City represents and warrants that
he or she has been fully authorized by the governing body of the
District or City to execute this Contract on its behalf and to legally
bind the Districts and Cities to all the terms, performances and
provisions of this Contract.
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
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Fire Communications Service Contract
IN WITNESS WHEREOF, the parties have set their hands
and seals.
a
CITY OF YAKIMA
ATTEST:
DATED:
Clerk
V
a(7,a
CITY CONTRAC r N0:
RESOLUTION NO:
FD Dispatch Contract — 2013 -2014
8/2212012 7 of 7
CITY OF SELAH
ATTEST:
DATED:
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN A FIRE COMMUNICATIONS SERVICES
CONTRACT 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 two (2) calendar years commencing on
January 1, 2013 and terminating at midnight December 31, 2014; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SELAH WASHINGTON, that the Mayor 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 9th Day of October, 2012.
%��"
i
ATTEST:
APPROVED AS FORM:
e, City Attorney
RESOLUTION NO. IJ�
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. SunComm 9 -1 -1 Communications Center. Yakima shall
continue to operate a central facility to be known as the SunComm
9 -1 -1 Communications Center within the City of Yakima and shall
use the same for the purpose of receiving fire and emergency
service calls from the respective areas served by all of the parties
hereto, and shall dispatch fire apparatus of the appropriate party in
answer to any such fire or emergency calls and for the purpose of
receiving and transmitting mutual aid calls among the various
parties hereto and for other related business.
2. Authority of Dispatch Center. It is agreed that the duty of
operating the SunComm 9 -1 -1 Communications Center and the
complete management thereof is vested in Yakima and that
Yakima shall have the full, complete, and exclusive authority to
FD Dispatch Contract — 2013 -2014
8/22/2012 1 of 7
Fire Communications Service Contract
operate and manage such SunComm 9 -1 -1 Communications
Center, including, but not limited to, the authority to hire and fire
employees for such office.
3. Expense of Maintenance and Operation. The expense of
continued maintenance and operation of the SunComrn 9 -1 -1
Communications Center, including the expense of operating all
telephone lines terminating at the SunComm 9 -1 -1
Communications Center, and including the maintenance of
equipment located within the SunComm 9 -1 -1 Communications
Center belonging to the Districts and /or Cities shall be borne by
Yakima.
4. Term of Contract. This Contract is for a term of two (2) calendar
years commencing January 1, 2013 and terminating at midnight on
December 31, 2014.
In the event that the method of response to alarm calls is
significantly altered, such as tiered emergency medical
response, both parties agree that this agreement shall be
opened to reconsider the Cost of Service formula under the
new conditions of dispatching alarm calls.
5. Cost of Service. Yakima shall maintain a record of all the
Districts' and 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 2012 of Forty -two dollars and Ten
cents ($42.10). The cost per alarm call for each subsequent year of
the contract shall be increased effective January 1 of each year for
the contract term to an amount equal to the previous calendar year
cost per alarm plus the previous year's cost per call multiplied by
the percentage given below:
Contract Year 2013 — increase 5% - $44.21
Contract Year 2014 — increase 5% - $46.42
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Fire Communications Service Contract
To accommodate each district and each of the cities' budget cycle
Yakima shall provide, in writing, by August of each year governed
by this contract, the cost for dispatch services for the next budget
year. The numbers will be based on the 2010 alarm calls handled by
Yakima for each District and the Cities of Union Gap and Selah,
multiplied by 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.
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 ten-nination to each of the parties to this Contract.
The Contract shall remain in full force and effect with regard to -all
remaining parties who have not exercised early contract termination
pursuant to this clause.
9. Liability of Yakima. Yakima shall not be liable to the Districts and
Cities, its elected officials, officers, employees, and agents for failure
to provide, or delays in providing, services herein, if due to any cause
beyond the City of Yakima's control, such as, but not limited to,
FD Dispatch Contract - 2013 -2014
8/22/2012 3 of 7
Fire Communications Service Contract
power outage, fire, water, energy shortages, failure of its
communications or computer hardware or operating system, natural
disaster, or inability to provide or continue to provide the agreed upon
services due to a court ruling or other legal action adverse to the City
of Yakima or this Contract.
10. INDEMNIFICATION /PROMISE NOT TO SUE.
A. I The Districts and Cities agrees to hold harmless, indemnify,
protect, and defend Yakima, its elected officials, officers,
employees, and agents from and against any and all claims,
demands, losses, liens, liabilities, penalties, fines, lawsuits, and
other proceedings and all judgments, awards, costs and expenses
(including attorneys' fees and disbursements) that result from or
arise out of the sole negligence or intentionally wrongful acts or
omissions of the Districts and Cities, its elected officials,
officers, employees, and agents in connection with or incidental
to the performance or non - performance of this Contract.
B. In the event that the officials, officers, agents, and/or employees
of both Yakima and the Districts and Cities are negligent, each
party shall be liable for its contributory share of negligence for
any resulting suits, actions, claims, liability, damages,
judgments, costs and expenses (including reasonable attorney's
fees).
C. Nothing contained in this Section or this Contract shall be
construed to create a liability or right of indemnification in any
third party.
11. Nondiscrimination Provision. During the performance of this
Contract, Yakima shall not discriminate on the basis of race, age,
color, sex, religion, national origin, creed marital status, political
affiliation, or the presence of any sensory, mental or physical
handicap. This provision shall include but not be limited to the
following: Employment, upgrading, demotion, transfer, recruitment,
FD Dispatch Contract - 2013 -2014
8/22/2012 4 of 7
Fire Communications Service Contract
advertising, layoff, or termination, rates of pay or other forms of
compensation, and selection for training.
12. No Insurance. It is understood Yakima does not maintain liability
insurance for the Districts and,,Cities and/or their employees.
13. Assignment. This Contract, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part to
any other person or entity without the prior written consent of
Yakima. In the event that such prior written consent to an assignment
is granted, then the assignee shall assume all duties, obligations, and
liabilities the Districts and Cities stated herein.
14. SEVERABILITY
1. If a court of competent jurisdiction holds any part, term or
provision of this Agreement to be illegal, or invalid in whole or in
part, the validity of the remaining provisions shall not be affected,
and the parties' rights and obligations shall be construed and
enforced as if the Agreement did not contain the particular provision
held to be invalid.
2. If any provision of this Agreement is in direct conflict with any
statutory provision of the State of Washington, that provision which
may conflict shall be deemed inoperative and null and void insofar as
it may conflict, and shall be deemed modified to conform to such
statutory provision.
15. Integration. This written document constitutes the entire agreement
between Yakima and the Districts and Cities. There are no other oral
or written agreements between the parties as to the subjects covered
herein. No changes or additions to this Contract shall be valid or
binding upon either party unless such change or addition be in writing
and executed by all parties.
16. REPRESENTATIONS & WARRANTIES
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Fire Communications Service Contract
1. The Districts and Cities acknowledges that it has not been
induced to enter into this Contract by any representation or
statements, oral or written, not expressly contained herein or
expressly incorporated by reference.
2. The City of Yakima makes no representations, warranties, or
guaranties, express or implied, other than the express
representations, warranties, and guaranties contained in this
Contract.
17. Governing Law. This contract shall be governed by and construed in
accordance with the laws of the State of Washington.
18. Venue. The venue for any action to enforce or interrupt this Contract
shall lie in the Superior Court of Washington for Yakima County
Washington.
19. Signature. It is agreed that this Contract may be signed by each
District separately and the signatures of all Districts and Cities need
not be placed on a single document. The person executing this
Contract on behalf of the District or City represents and warrants that
he or she has been fully authorized by the governing body of the
District or City to execute this Contract on its behalf and to legally
bind the Districts and Cities to all the terms, performances and
provisions of this Contract.
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
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8/22/2012 6 of 7
Fire Communications Service Contract
IN WITNESS WHEREOF, the parties have set their hands and
seals.
CITY OF YAKIMA
AIIGJI'
•� No1�
� tai
DATED:
ity Clerk
CITY CONTRAC r N0. ^-�f ��► /; r!���i
RESOLUTIONN0:x''11g —L/ 0
FD Dispatch Contract — 2013 -2014
8122/2012 7 of 7
YAKIMA COUNTY FIRE DISTRICT
NO.
By A-Z
Chair, Fire ommissioners
ATTEST'
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. SunComm 9 -1 -1 Communications Center. Yakima shall
continue to operate a central facility to be known as the SunComm
9 -1 -1 Communications Center within the City of Yakima and shall
use the same for the purpose of receiving fire and emergency
service calls from the respective areas served by all of the parties
hereto, and shall dispatch fire apparatus of the appropriate party in
answer to any such fire or emergency calls and for the purpose of
receiving and transmitting mutual aid calls among the various
parties hereto and for other related business.
2. Authority of Dispatch Center. It is agreed that the duty of
operating the SunComm 9 -1 -1 Communications Center and the
complete management thereof is vested in Yakima and that
Yakima shall have the full, complete, and exclusive authority to
FD Dispatch Contract — 2013 -2014
8/22/2012 1 of 7
Fire Communications Service Contract
operate and manage such SunComm 9 -1 -1 Communications
Center, including, but not limited to, the authority to hire and fire
employees for such office.
3. Expense of Maintenance and Operation.
The expense of
continued maintenance and operation of the
SunComm 9 -1 -1
Communications Center, including the expense of operating all
telephone lines terminating at the SunComm
9 -1 -1
Communications Center, and including the
maintenance of
equipment located within the SunComm 9 -1 -1
Communications
Center belonging to the Districts and /or Cities
shall be borne by
Yakima.
4. Term of Contract. This Contract is for a term of two (2) calendar
years commencing January 1, 2013 and terminating at midnight on
December 31, 2014.
In the event that the method of response to alarm calls is
significantly altered, such as tiered emergency medical
response, both parties agree that this agreement shall be
opened to reconsider the Cost of Service formula under the
new conditions of dispatching alarm calls.
5. Cost of Service. Yakima shall maintain a record of all the
Districts' and 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 2012 of Forty -two dollars and Ten
cents ($42.10). The cost per alarm call for each subsequent year of
the contract shall be increased effective January 1 of each year for
the contract term to an amount equal to the previous calendar year
cost per alarm plus the previous year's cost per call multiplied by
the percentage given below:
Contract Year 2013 — increase 5% - $44.21
Contract Year 2014 — increase 5% - $46.42
FD Dispatch Contract — 2013 -2014
8122/2012 2 of 7
Fire Communications Service Contract
To accommodate each district and each of the cities' budget cycle
Yakima shall provide, in writing, by August of each year governed
by this contract, the cost for dispatch services for the next budget
year. The numbers will be based on the 2010 alarm calls handled by
Yakima for each District and the Cities of Union Gap and Selah,
multiplied by 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.
B. Mutual Aid. In the event an individual District or Union Gap
or Selah requests mutual aid, it shall pay for each additional
alarm call it requests.
8. Early Termination of Contract. Any party hereto may terminate
this Contract, with or without cause, by providing sixty (60) days
written notice of termination to each of the parties to this Contract.
The Contract shall remain in full force and effect with regard to all
remaining parties who have not exercised early contract termination
pursuant to this clause.
9. Liability of Yakima. Yakima shall not be liable to the Districts and
Cities, its elected officials, officers, employees, and agents for failure
to provide, or delays in providing, services herein, if due to any cause
beyond the City of Yakima's control, such as, but not limited to,
FD Dispatch Contract — 2013 -2014
8122/2012 3 of 7
Fire Communications Service Contract
power outage, fire, water, energy shortages, failure of its
communications or computer hardware or operating system, natural
disaster, or inability to provide or continue to provide the agreed upon
services due to a court ruling or other legal action adverse to the City
of Yakima or this Contract.
10. INDEMNIFICATION /PROMISE NOT TO SUE.
A. The Districts and Cities agrees to hold harmless, indemnify,
protect, and defend Yakima, its elected officials, officers,
employees, and agents from and against any and all claims,
demands, losses, liens, liabilities, penalties, fines, lawsuits, and
other proceedings and all judgments, awards, costs and expenses
(including attorneys' fees and disbursements) that result from or
arise out of the sole negligence or intentionally wrongful acts or
omissions of the Districts and Cities, its elected officials,
officers, employees, and agents in connection with or incidental
to the performance or non - performance of this Contract.
B. In the event that the officials, officers, agents, and /or employees
of both Yakima and the Districts and Cities are negligent, each
party shall be liable for its contributory share of negligence for
any resulting suits, actions, claims, liability, damages,
judgments, costs and expenses (including reasonable attorney's
fees).
C. Nothing contained in this Section or this Contract shall be
construed to create a liability or right of indemnification in any
third party.
11. Nondiscrimination Provision. During the performance of this
Contract, Yakima shall not discriminate on the basis of race, age,
color, sex, religion, national origin, creed marital status, political
affiliation, or the presence of any sensory, mental or physical
handicap. This provision shall include but not be limited to the
following: Employment, upgrading, demotion, transfer, recruitment,
FD Dispatch Contract — 2013 -2014
8/22/2012 4 of 7
Fire Communications Service Contract
advertising, layoff, or termination, rates of pay or other forms of
compensation, and selection for training.
12. No Insurance. It is understood Yakima does not maintain liability
insurance for the Districts and Cities and/or their employees.
13. Assignment. This Contract, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part to
any other person or entity without the prior written consent of
Yakima. In the event that such prior written consent to an assignment
is granted, then the assignee shall assume all duties, obligations, and
liabilities the Districts and Cities stated herein.
14. SEVERABILITY
1. If a court of competent jurisdiction holds any part, term or
provision of this Agreement to be illegal, or invalid in whole or in
part, the validity of the remaining provisions shall not be affected,
and the parties' rights and obligations shall be construed and
enforced as if the Agreement did not contain the particular provision
held to be invalid.
2. If any provision of this Agreement is in direct conflict with any
statutory provision of the State of Washington, that provision which
may conflict shall be deemed inoperative and null and void insofar as
it may conflict, and shall be deemed modified to conform to such
statutory provision.
15. Integration. This written document constitutes the entire agreement
between Yakima and the Districts and Cities. There are no other oral
or written agreements between the parties as to the subjects covered
herein. No changes or additions to this Contract shall be valid or
binding upon either party unless such change or addition be in writing
and executed by all parties.
16. REPRESENTATIONS & WARRANTIES
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Fire Communications Service Contract
1. The Districts and Cities acknowledges that it has not been
induced to enter into this Contract by any representation or
statements, oral or written, not expressly contained herein or
expressly incorporated by reference.
2. The City of Yakima makes no representations, warranties, or
guaranties, express or implied, other than the express
representations, warranties, and guaranties contained in this
Contract.
17. Governing Law. This contract shall be governed by and construed in
accordance with the laws of the State of Washington.
18. Venue. The venue for any action to enforce or interrupt this Contract
shall lie in the Superior Court of Washington for Yakima County
Washington.
19. Signature. It is agreed that this Contract may be signed by each
District separately and the signatures of all Districts and Cities need
not be placed on a single document. The person executing this
Contract on behalf of the District or City represents and warrants that
he or she has been fully authorized by the governing body of the
District or City to execute this Contract on its behalf and to legally
bind the Districts and Cities to all the terms, performances and
provisions of this Contract.
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
FD Dispatch Contract — 2013 -2014
8122/2012 6 of 7
Fire Communications Service Contract
IN WITNESS WHEREOF, the parties have set their hands and
seals.
CITY OF YAKIMA
By
ATTEST:
C
City Clerk
DATED:
;�- (0 - (3
CITY CONTRAC r NO:
RESOLUTION NO:L�—= = -�`+'
FD Dispatch Contract — 2013 -2014
YAKIMA COUNTY FIRE DISTRICT
NO. 2
Chair, Fire Commissioners
ATTEST:
g s N
r
» f
ATED:
8/22/2012 7 of 7
/ a / (:? - ( "�F-
YAKIMA COUNTY FIRE DISTRICT #2
Resolution # 261
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 three (2) years commencing January 1,
2013 and terminating at midnight December 31, 2014;
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 9th day of October, 2012.
Chairperson
9 /l2
4-!re� 'eY91z
Commissioner
Atte .
Se4r6axy
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. SunComm 9 -1 -1 Communications Center. Yakima shall
continue to operate a central facility to be known as the SunComm
9 -1 -1 Communications Center within the City of Yakima and shall
use the same for the purpose of receiving fire and emergency
service calls from the respective areas served by all of the parties
hereto, and shall dispatch fire apparatus of the appropriate party in
answer to any such fire or emergency calls and for the purpose of
receiving and transmitting mutual aid calls among the various
parties hereto and for other related business.
2. Authority of Dispatch Center. It is agreed that the duty of
operating the SunComm 9 -1 -1 Communications Center and the
complete management thereof is vested in Yakima and that
Yakima shall have the full, complete, and exclusive authority to
FD Dispatch Contract — 2013 -2014
8/22/2012 1 of 7
Fire Communications Service Contract
operate and manage such SunComm 9 -1 -1 Communications
Center, including, but not limited to, the authority to hire and fire
employees for such office.
3. Expense of Maintenance and Operation. The expense of
continued maintenance and operation of the SunComm 9 -1 -1
Communications Center, including the expense of operating all
telephone lines terminating at the SunComm 9 -1 -1
Communications Center, and including the maintenance of
equipment located within the SunComm 9 -1 -1 Communications
Center belonging to the Districts and /or Cities shall be borne by
Yakima.
4. Term of Contract. This Contract is for a term of two (2) calendar
years commencing January 1, 2013 and terminating at midnight on
December 31, 2014.
In the event that the method of response to alarm calls is
significantly altered, such as tiered emergency medical
response, both parties agree that this agreement shall be
opened to reconsider the Cost of Service formula under the
new conditions of dispatching alarm calls.
5. Cost of Service. Yakima shall maintain a record of all the
Districts' and 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 2012 of Forty -two dollars and Ten
cents ($42.10). The cost per alarm call for each subsequent year of
the contract shall be increased effective January 1 of each year for
the contract term to an amount equal to the previous calendar year
cost per alarm plus the previous year's cost per call multiplied by
the percentage given below:
Contract Year 2013 — increase 5% - $44.21
Contract Year 2014 — increase 5% - $46.42
FD Dispatch Contract — 2013 -2014
8/2212012 2 of 7
Fire Communications Service Contract
To accommodate each district and each of the cities' budget cycle
Yakima shall provide, in writing, by August of each year governed
by this contract, the cost for dispatch services for the next budget
year. The numbers will be based on the 2010 alarm calls handled by
Yakima for each District and the Cities of Union Gap and Selah,
multiplied by 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.
B. Mutual Aid. In the event an individual District or Union Gap
or Selah requests mutual aid, it shall pay for each additional
alarm call it requests.
8. Early Termination of Contract. Any party hereto may terminate
this Contract, with or without cause, by providing sixty (60) days
written notice of termination to each of the parties to this Contract.
The Contract shall remain in full force and effect with regard to all
remaining parties who have not exercised early contract termination
pursuant to this clause.
9. Liability of Yakima. Yakima shall not be liable to the Districts and
Cities, its elected officials, officers, employees, and agents for failure
to provide, or delays in providing, services herein, if due to any cause
beyond the City of Yakima's control, such as, but not limited to,
FD Dispatch Contract — 2013 -2014
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Fire Communications Service Contract
power outage, fire, water, energy shortages, failure of its
communications or computer hardware or operating system, natural
disaster, or inability to provide or continue to provide the agreed upon
services due to a court ruling or other legal action adverse to the City
of Yakima or this Contract.
10. INDEMNIFICATION /PROMISE NOT TO SUE.
A. The Districts and Cities agrees to hold harmless, indemnify,
protect, and defend Yakima, its elected officials, officers,
employees, and agents from and against any and all claims,
demands, losses, liens, liabilities, penalties, fines, lawsuits, and
other proceedings and all judgments, awards, costs and expenses
(including attorneys' fees and disbursements) that result from or
arise out of the sole negligence or intentionally wrongful acts or
omissions of the Districts and Cities, its elected officials,
officers, employees, and agents in connection with or incidental
to the performance or non - performance of this Contract.
B. In the event that the officials, officers, agents, and /or employees
of both Yakima and the Districts and Cities are negligent, each
party shall be liable for its contributory share of negligence for
any resulting suits, actions, claims, liability, damages,
judgments, costs and expenses (including reasonable attorney's
fees).
C. Nothing contained in this Section or this Contract shall be
construed to create a liability or right of indemnification in any
third party.
11. Nondiscrimination Provision. During the performance of this
Contract, Yakima shall not discriminate on the basis of race, age,
color, sex, religion, national origin, creed marital status, political
affiliation, or the presence of any sensory, mental or physical
handicap. This provision shall include but not be limited to the
following: Employment, upgrading, demotion, transfer, recruitment,
FD Dispatch Contract — 2013 -2014
8/22/2012 4 of 7
Fire Communications Service Contract
advertising, layoff, or termination, rates of pay or other forms of
compensation, and selection for training.
12. No Insurance. It is understood Yakima does not maintain liability
insurance for the Districts and Cities and /or their employees.
13. Assignment. This Contract, or any interest herein, or claim
- hereunder, shall not be assigned or transferred in whole or in part to
any other person or entity without the prior written consent of
Yakima. In the event that such prior written consent to an assignment
is granted, then the assignee shall assume all duties, obligations, and
liabilities the Districts and Cities stated herein.
14. SEVERABILITY
1. If a court of competent jurisdiction holds any part, term or
provision of this Agreement to be illegal, or invalid in whole or in
part, the validity of the remaining provisions shall not be affected,
and the parties' rights and obligations shall be construed and
enforced as if the Agreement did not contain the particular provision
held to be invalid.
2. If any provision of this Agreement is in direct conflict with any
statutory provision of the State of Washington, that provision which
may conflict shall be deemed inoperative and null and void insofar as
it may conflict, and shall be deemed modified to conform to such
statutory provision.
15. Integration. This written document constitutes the entire agreement
between Yakima and the Districts and Cities. There are no other oral
or written agreements between the parties as to the subjects covered
herein. No changes or additions to this Contract shall be valid or
binding upon either party unless such change or addition be in writing
and executed by all parties.
16. REPRESENTATIONS & WARRANTIES
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Fire Communications Service Contract
1. The Districts and Cities acknowledges that it has not been
induced to enter into this Contract by any representation or
statements, oral or written, not expressly contained herein or
expressly incorporated by reference.
2. The City of Yakima makes no representations, warranties, or
guaranties, express or implied, other than the express
representations, warranties, and guaranties contained in this
Contract.
17. Governing Law. This contract shall be governed by and construed in
accordance with the laws of the State of Washington.
18. Venue. The venue for any action to enforce or interrupt this Contract
shall lie in the Superior Court of Washington for Yakima County
Washington.
19. Signature. It is agreed that this Contract may be signed by each
District separately and the signatures of all Districts and Cities need
not be placed on a single document. The person executing this
Contract on behalf of the District or City represents and warrants that
he or she has been fully authorized by the governing body of the
District or City to execute this Contract on its behalf and to legally
bind the Districts and Cities to all the terms, performances and
provisions of this Contract.
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
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Fire Communications Service Contract
IN WITNESS WHEREOF, the parties have set their hands and
seals.
CITY OF YAKIMA
i
ATTEST:
<4uu--n
City Clerk
I
DATED: 1 -,�
.:;� & - 3
CITY CONTRAc r N0-20-21 — OPS
RESOLUTION NO: �� ° 75/
FD Dispatch Contract — 2013 -2014
8/22/2012 7 of 7
YAKIMA COUNTY FIRE DISTRICT
NO. 3
By:
C-Ch 'r, Fire CbArnissioners
ATTEST:
DATED:
iA /3///2
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. SunComm 9 -1 -1 Communications Center. Yakima shall
continue to operate a central facility to be known as the SunComm
9 -1 -1 Communications Center within the City of Yakima and shall
use the same for the purpose of receiving fire and emergency
service calls from the respective areas served by all of the parties
hereto, and shall dispatch fire apparatus of the appropriate party in
answer to any such fire or emergency calls and for the purpose of
receiving and. transmitting mutual aid calls among the various
parties hereto and for other related business.
2. Authority of Dispatch Center. It is agreed that the duty of
operating the SunComm 9 -1 -1 Communications Center and the
complete management thereof is vested in Yakima and that
Yakima shall have the full, complete, and exclusive authority to
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8/22/2012 1 of 7
Fire Communications Service Contract
operate and manage such SunComm 9 -1 -1 Communications
Center, including, but not limited to, the authority to hire and fire
employees for such office.
3. Expense of Maintenance and Operation. The expense of
continued maintenance and operation of the SunComm 9 -1 -1
Communications Center, including the expense of operating all
telephone lines terminating at the SunComm 9 -1 -1
Communications Center, and including the maintenance of
equipment located within the SunComm 9 -1 -1 Communications
Center belonging to the Districts and /or Cities shall be borne by
Yakima.
4. Term of Contract. This Contract is for a term of two (2) calendar
years commencing January 1, 2013 and terminating at midnight on
December 31, 2014.
In the event that the method of response to alarm calls is
significantly altered, such as tiered emergency medical
response, both parties agree that this agreement shall be
opened to reconsider the Cost of Service formula under the
new conditions of dispatching alarm calls.
5. Cost of Service. Yakima shall maintain a record of all the
Districts' and 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 2012 of Forty -two dollars and Ten
cents ($42.10). The cost per alarm call for each subsequent year of
the contract shall be increased effective January 1 of each year for
the contract term to an amount equal to the previous calendar year
cost per alarm plus the previous year's cost per call multiplied by
the percentage given below:
Contract Year 2013 — increase 5% - $44.21
Contract Year 2014 — increase 5% - $46.42
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Fire Communications Service Contract
To accommodate each district and each of the cities' budget cycle
Yakima shall provide, in writing, by August of each year governed
by this contract, the cost for dispatch services for the next budget
year. The numbers will be based on the 2010 alarm calls handled by
Yakima for each District and the Cities of Union Gap and Selah,
multiplied by 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.
B. Mutual Aid. In the event an individual District or Union Gap
or Selah requests mutual aid, it shall pay for each additional
alarm call it requests.
8. Early Termination of Contract. Any party hereto may terminate
this Contract, with or without cause, by providing sixty (60) days
written notice of termination to each of the parties to this Contract.
The Contract shall remain in full force and effect with regard to all
remaining parties who have not exercised early contract termination
pursuant to this clause.
9. Liability of Yakima. Yakima shall not be liable to the Districts and
Cities, its elected officials, officers, employees, and agents for failure
to provide, or delays in providing, services herein, if due to any cause
beyond the City of Yakima's control, such as, but not limited to,
FD Dispatch Contract — 2013 -2014
8/22/2012 3 of 7
Fire Communications Service Contract
power outage, fire, water, energy shortages, failure of its
communications or computer hardware or operating system, natural
disaster, or inability to provide or continue to provide the agreed upon
services due to a court ruling or other legal action adverse to the City
of Yakima or this Contract.
10. INDEMNIFICATION /PROMISE NOT TO SUE.
A. The Districts and Cities agrees to hold harmless, indemnify,
protect, and defend Yakima, its elected officials, officers,
employees, and agents from and against any and all claims,
demands, losses, liens, liabilities, penalties, fines, lawsuits, and
other proceedings and all judgments, awards, costs and expenses
(including attorneys' fees and disbursements) that result from or
arise out of the sole negligence or intentionally wrongful acts or
omissions of the Districts and Cities, its elected officials,
officers, employees, and agents in connection with or incidental
to the performance or non - performance of this Contract.
B. In the event that the officials, officers, agents, and/or employees
of both Yakima and the Districts and Cities are negligent, each
party shall be liable for its contributory share of negligence for
any resulting suits, actions, claims, liability, damages,
judgments, costs and expenses (including reasonable attorney's
fees).
C. Nothing contained in this Section or this Contract shall be
construed to create a liability or right of indemnification in any
third party.
11. Nondiscrimination Provision. During the performance of this
Contract, Yakima shall not discriminate on the basis of race, age,
color, sex, religion, national origin, creed marital status, political
affiliation, or the presence of any sensory, mental or physical
handicap. This provision shall include but not be limited to the
following: Employment, upgrading, demotion, transfer, recruitment,
FD Dispatch Contract - 2013 -2014
8122/2012 4 of 7
Fire Communications Service Contract
advertising, layoff, or termination, rates of pay or other forms of
compensation, and selection for training.
12. No Insurance. It is understood Yakima does not maintain liability
insurance for the Districts and Cities and/or their employees.
13. Assignment. This Contract, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part to
any other person or entity without the prior written consent of
Yakima. In the event that such prior written consent to an assignment
is granted, then the assignee shall assume all duties, obligations, and
liabilities the Districts and Cities stated herein.
14. SEVERABILITY
1. If a court of competent jurisdiction holds any part, term or
provision of this Agreement to be illegal, or invalid in whole or in
part, the validity of the remaining provisions shall not be affected,
and the parties' rights and obligations shall be construed and
enforced as if the Agreement did not contain the particular provision
held to be invalid.
2. If any provision of this Agreement is in direct conflict with any
statutory provision of the State of Washington, that provision which
may conflict shall be deemed inoperative and null and void insofar as
it may conflict, and shall be deemed modified to conform to such
statutory provision.
15. Integration. This written document constitutes the entire agreement
between Yakima and the Districts and Cities. There are no other oral
or written agreements between the parties as to the subjects covered
herein. No changes or additions to this Contract shall be valid or
binding upon either party unless such change or addition be in writing
and executed by all parties.
16. REPRESENTATIONS & WARRANTIES
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Fire Communications Service Contract
1. The Districts and Cities acknowledges that it has not been
induced to enter into this Contract by any representation or
statements, oral or written, not expressly contained herein or
expressly incorporated by reference.
2. The City of Yakima makes no representations, warranties, or
guaranties, express or implied, other than the express
representations, warranties, and guaranties contained in this
Contract.
17. Governing Law. This contract shall be governed by and construed in
accordance with the laws of the State of Washington.
18. Venue. The venue for any action to enforce or interrupt this Contract
shall lie in the Superior Court of Washington for Yakima County
Washington.
19. Signature. It is agreed that this Contract may be signed by each
District separately and the signatures of all Districts and Cities need
not be placed on a single document. The person executing this
Contract on behalf of the District or City represents and warrants that
he or she has been fully authorized by the governing body of the
District or City to execute this Contract on its behalf and to legally
bind the Districts and Cities to all the terms, performances and
provisions of this Contract.
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
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8/2212012 6 of 7
Fire Communications Service Contract
IN WITNESS WHEREOF, the parties have set their hands and
seals.
A-Vr.,'.L. •. L. I.1
Utz
AT
,• ° "'f rJO1J�
ity Clerk
DATED: t
D -(9-(3
CITY CONTRAC r N //7 -�t-
RESOLUTION NO �� ?d
FD Dispatch Contract - 2013 -2014
8/22/2012 7 of 7
YAKIMA COUNTY FIRE DISTRICT
NO. 4
By:
air, Fire Commissioners
ATTEST:
1 Secretary /Treasu er
DATED:
b // //A
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. SunComm 9 -1 -1 Communications Center. Yakima shall
continue to operate a central facility to be known as the SunComm
9 -1 -1 Communications Center within the City of Yakima and shall
use the same for the purpose of receiving fire and emergency
service calls from the respective areas served by all of the parties
hereto, and shall dispatch fire apparatus of the appropriate party in
answer to any such fire or emergency calls and for the purpose of
receiving and transmitting mutual aid calls among the various
parties hereto and for other related business.
2. Authority of Dispatch Center. It is agreed that the duty of
operating the SunComm 9 -1 -1 Communications Center and the
complete management thereof is vested in Yakima and that
Yakima shall have the full, complete, and exclusive authority to
FD Dispatch Contract — 2013 -2014
8/22/2012 1 of 7
Fire Communications Service Contract
operate and manage such SunComm 9 -1 -1 Communications
Center, including, but not limited to, the authority to hire and fire
employees for such office.
3. Expense of Maintenance and Operation. The expense of
continued maintenance and operation of the SunComm 9 -1 -1
Communications Center, including the expense of operating all
telephone lines terminating at the SunComm 9 -1 -1
Communications Center, and including the maintenance of
equipment located within the SunComm 9 -1 -1 Communications
Center belonging to the Districts and /or Cities shall be borne by
Yakima.
4. Term of Contract. This Contract is for a term of two (2) calendar
years commencing January 1, 2013 and terminating at midnight on
December 31, 2014.
In the event that the method of response to alarm calls is
significantly altered, such as tiered emergency medical
response, both parties agree that this agreement shall be
opened to reconsider the Cost of Service formula under the
new conditions of dispatching alarm calls.
5. Cost of Service. Yakima shall maintain a record of all the
Districts' and 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 2012 of Forty -two dollars and Ten
cents ($42.10). The cost per alarm call for each subsequent year of
the contract shall be increased effective January 1 of each year for
the contract term to an amount equal to the previous calendar year
cost per alarm plus the previous year's cost per call multiplied by
the percentage given below:
Contract Year 2013 — increase 5% - $44.21
Contract Year 2014 — increase 5% - $46.42
FD Dispatch Contract — 2013 -2014
8/22/2012 2 of 7
Fire Communications Service Contract
To accommodate each district and each of the cities' budget cycle
Yakima shall provide, in writing, by August of each year governed
by this contract, the cost for dispatch services for the next budget
year. The numbers will be based on the 2010 alarm calls handled by
Yakima for each District and the Cities of Union Gap and Selah,
multiplied by 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.
B. Mutual Aid. In the event an individual District or Union Gap
or Selah requests mutual aid, it shall pay for each additional
alarm call it requests.
8. Early Termination of Contract. Any party hereto may terminate
this Contract, with or without cause, by providing sixty (60) days
written notice of termination to each of the parties to this Contract.
The Contract shall remain in full force and effect with regard to all
remaining parties who have not exercised early contract termination
pursuant to this clause.
9. Liability of Yakima. Yakima shall not be liable to the Districts and
Cities, its elected officials, officers, employees, and agents for failure
to provide, or delays in providing, services herein, if due to any cause
beyond the City of Yakima's control, such as, but not limited to,
FD Dispatch Contract — 2013 -2014
8/22/2012 3 of 7
Fire Communications Service Contract
power outage, fire, water, energy shortages, failure of its
communications or computer hardware or operating system, natural
disaster, or inability to provide or continue to provide the agreed upon
services due to a court ruling or other legal action adverse to the City
of Yakima or this Contract.
10. INDEMNIFICATION /PROMISE NOT TO SUE.
A. The Districts and Cities agrees to hold harmless, indemnify,
protect, and defend Yakima, its elected officials, officers,
employees, and agents from and against any and all claims,
demands, losses, liens, liabilities, penalties, fines, lawsuits, and
other proceedings and all judgments, awards, costs and expenses
(including attorneys' fees and disbursements) that result from or
arise out of the sole negligence or intentionally wrongful acts or
omissions of the Districts and Cities, its elected officials,
officers, employees, and agents in connection with or incidental
to the performance or non - performance of this Contract.
B. In the event that the officials, officers, agents, and/or employees
of both Yakima and the Districts and Cities are negligent, each
party shall be liable for its contributory share of negligence for
any resulting suits, actions, claims, liability, damages,
judgments, costs and expenses (including reasonable attorney's
fees).
C. Nothing contained in this Section or this Contract shall be
construed to create a liability or right of indemnification in any
third party.
11. Nondiscrimination Provision. During the performance of this
Contract, Yakima shall not discriminate on the basis of race, age,
color, sex, religion, national origin, creed marital status, political
affiliation, or the presence of any sensory, mental or physical
handicap. This provision shall include but not be limited to the
following: Employment, upgrading, demotion, transfer, recruitment,
FD Dispatch Contract — 2013 -2014
8122/2012 4 of 7
Fire Communications Service Contract
advertising, layoff, or termination, rates of pay or other forms of
compensation, and selection for training.
12. No Insurance. It is understood Yakima does not maintain liability
insurance for the Districts and Cities and /or their employees.
13. Assignment. This Contract, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part to
any other person or entity without the prior written consent of
Yakima. In the event that such prior written consent to an assignment
is granted, then the assignee shall assume all duties, obligations, and
liabilities the Districts and Cities stated herein.
14. SEVERABILITY
1. If a court of competent jurisdiction holds any part, term or
provision of this Agreement to be illegal, or invalid in whole or in
part, the validity of the remaining provisions shall not be affected,
and the parties' rights and obligations shall be construed and
enforced as if the Agreement did not contain the particular provision
held to be invalid.
2. If any provision of this Agreement is in direct conflict with any
statutory provision of the State of Washington, that provision which
may conflict shall be deemed inoperative and null and void insofar as
it may conflict, and shall be deemed modified to conform to such
statutory provision.
15. Integration. This written document constitutes the entire agreement
between Yakima and the Districts and Cities. There are no other oral
or written agreements between the parties as to the subjects covered
herein. No changes or additions to this Contract shall be valid or
binding upon either party unless such change or addition be in writing
and executed by all parties.
16. REPRESENTATIONS & WARRANTIES
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8122/2012 5 of 7
Fire Communications Service Contract
1. The Districts and Cities acknowledges that it has not been
induced to enter into this Contract by any representation or
statements, oral or written, not expressly contained herein or
expressly incorporated by reference.
2. The City of Yakima makes no representations, warranties, or
guaranties, express or implied, other than the express
representations, warranties, and guaranties contained in this
Contract.
17. Governing Law. This contract shall be governed by and construed in
accordance with the laws of the State of Washington.
18. Venue. The venue for any action to enforce or interrupt this Contract
shall lie in the Superior Court of Washington for Yakima County
Washington.
19. Signature. It is agreed that this Contract may be signed by each
District separately and the signatures of all Districts and Cities need
not be placed on a single document. The person executing this
Contract on behalf of the District or City represents and warrants that
he or she has been fully authorized by the governing body of the
District or City to execute this Contract on its behalf and to legally
bind the Districts and Cities to all the terms, performances and
provisions of this Contract.
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
FD Dispatch Contract — 2013 -2014
8/22/2012 6 of 7
Fire Communications Service Contract
IN WITNESS WHEREOF, the parties have set their hands and
seals.
CITY OF YAKIMA
M
ATTEST:
City Clerk
DATED:
YAKIMA COUNTY FIRE DISTRICT
NO. 6
1
By:
;er J tAr, Fire Commissioners
ATTEST-
5
*� NO./,
ecretary /Treasurer
DATED:
CITY CONTRAC f NoO�pp�a �0�
RESOLUTION NOZ0222 ~9//
FD Dispatch Contract — 2013 -2014
8/22/2012 7 of 7
Fire Communications Service Contract
FIRE COMMUNICATIONS SERVICES CONTRACT
THIS FIRE COMMUNICATIONS SERVICES CONTRACT,
(hereafter the "Contract ") is made and entered into by and between
the City of Yakima (hereinafter "Yakima ") and the 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:
I. SunComm 9 -1 -1 Communications Center. Yakima shall
continue to operate a central facility to be known as the SunComm
9 -1 -1 Communications Center within the City of Yakima and shall
use the same for the purpose of receiving fire and emergency
service calls from the respective areas served by all of the parties
hereto, and shall dispatch fire apparatus of the appropriate party in
answer to any such fire or emergency calls and for the purpose of
receiving and transmitting mutual aid calls among the various
parties hereto and for other related business.
2. Authority of Dispatch Center. It is agreed that the duty of
operating the SunComm 9 -1 -1 Communications Center and the
complete management thereof is vested in Yakima and that
Yakima shall have the full, complete, and exclusive authority to
FD Dispatch Contract — 2013 -2014
8/22/2012 1 of 7
Fire Communications Service Contract
operate and manage such SunComm 9 -1 -1 Communications
Center, including, but not limited to, the authority to hire and fire
employees for such office.
3. Expense of Maintenance and Operation.
The expense of
continued maintenance and operation of the
SunComm 9 -1 -1
Communications Center, including the expense of operating all
telephone lines terminating at the SunComm 9 -1 -1
Communications Center, and including the
maintenance of
equipment located within the SunComm 9 -1 -1
Communications
Center belonging to the Districts and /or Cities
shall be borne by
Yakima.
4. Term of Contract. This Contract is for a term of two (2) calendar
years commencing January 1, 2013 and terminating at midnight on
December 31, 2014.
In the event: that the method of response to alarm calls is
significantly altered, such as tiered emergency medical
response, both parties agree that this agreement shall be
opened to reconsider the Cost of Service formula under the
new conditions of dispatching alarm calls.
5. Cost of Service. Yakima shall maintain a record of all the
Districts' and 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 2012 of Forty -two dollars and Ten
cents ($42.10). The cost per alarm call for each subsequent year of
the contract shall be increased effective January 1 of each year for
the contract term to an amount equal to the previous calendar year
cost per alarm plus the previous year's cost per call multiplied by
the percentage given below:
Contract Year 2013 — increase 5% - $44.21
Contract Year 2014 — increase 5% - $46.42
FD Dispatch Contract — 2013 -2014
8122/2012 2 of 7
Fire Communications Service Contract
To accommodate each district and each of the cities' budget cycle
Yakima shall provide, in writing, by August of each year governed
by this contract, the cost for dispatch services for the next budget
year. The numbers will be based on the 2010 alarm calls handled by
Yakima for each District and the Cities of Union Gap and Selah,
multiplied by 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.
B. Mutual Aid. In the event an individual District or Union Gap
or Selah requests mutual aid, it shall pay for each additional
alarm call it requests.
8. Early Termination of Contract. Any party hereto may terminate
this Contract, with or without cause, by providing sixty (60) days
written notice of termination to each of the parties to this Contract.
The Contract shall remain in full force and effect with regard to all
remaining parties who have not exercised early contract termination
pursuant to this clause.
9. Liability of Yakima. Yakima shall not be liable to the Districts and
Cities, its elected officials, officers, employees, and agents for failure
to provide, or delays in providing, services herein, if due to any cause
beyond the City of Yakima's control, such as, but not limited to,
FD Dispatch Contract — 2013 -2014
8/22/2012 3 of 7
Fire Communications Service Contract
power outage, fire, water, energy shortages, failure of its
communications or computer hardware or operating system, natural
disaster, or inability to provide or continue to provide the agreed upon
services due to a court ruling or other legal action adverse to the City
of Yakima or this Contract.
10. INDEMNIFICATION /PROMISE NOT TO SUE.
A. The Districts and Cities agrees to hold harmless, indemnify,
protect, and defend Yakima, its elected officials, officers,
employees, and agents from and against any and all claims,
demands, losses, liens, liabilities, penalties, fines, lawsuits, and
other proceedings and all judgments, awards, costs and expenses
(including attorneys' fees and disbursements) that result from or
arise out of the sole negligence or intentionally wrongful acts or
omissions of the Districts and Cities, its elected officials,
officers, employees, and agents in connection with or incidental
to the performance or non - performance of this Contract.
B. In the event that the officials, officers, agents, and/or employees
of both Yalcima and the Districts and Cities are negligent, each
party shall be liable for its contributory share of negligence for
any resulting suits, actions, claims, liability, damages,
judgments, costs and expenses (including reasonable attorney's
fees).
C. Nothing contained in this Section or this Contract shall be
construed to create a liability or right of indemnification in any
third party.
11. Nondiscrimination Provision. During the performance of this
Contract, Yakima shall not discriminate on the basis of race, age,
color, sex, religion, national origin, creed marital status, political
affiliation, or the presence of any sensory, mental or physical
handicap. This provision shall include but not be limited to the
following: Employment, upgrading, demotion, transfer, recruitment,
FD Dispatch Contract — 2013 -2014
8/22/2012 4 of 7
Fire Communications Service Contract
advertising, layoff, or termination, rates of pay or other forms of
compensation, and selection for training.
12. No Insurance. It is understood Yakima does not maintain liability
insurance for the Districts and Cities and /or their employees.
13. Assignment. This Contract, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part to
any other person or entity without the prior written consent of
Yakima. In the event that such prior written consent to an assignment
is granted, then the assignee shall assume all duties, obligations, and
liabilities the Districts and Cities stated herein.
14. SEVERABILITY
1. If a court of competent jurisdiction holds any part, term or
provision of this Agreement to be illegal, or invalid in whole or in
part, the validity of the remaining provisions shall not be affected,
and the parties' rights and obligations shall be construed and
enforced as if the Agreement did not contain the particular provision
held to be invalid.
2. If any provision of this Agreement is in direct conflict with any
statutory provision of the State of Washington, that provision which
may conflict shall be deemed inoperative and null and void insofar as
it may conflict, and shall be deemed modified to conform to such
statutory provision.
15. Integration. This written document constitutes the entire agreement
between Yakima and the Districts and Cities. There are no other oral
or written agreements between the parties as to the subjects covered
herein. No changes or additions to this Contract shall be valid or
binding upon either party unless such change or addition be in writing
and executed by all parties.
16. REPRESENTATIONS & WARRANTIES
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8/22/2012 5 of 7
Fire Communications Service Contract
1. The Districts and Cities acknowledges that it has not been
induced to enter into this Contract by any representation or
statements, oral or written, not expressly contained herein or
expressly incorporated by reference.
2. The City of Yakima makes no representations, warranties, or
guaranties, express or implied, other than the express
representations, warranties, and guaranties contained in this
Contract.
17. Governing Law. This contract shall be governed by and construed in
accordance with the laws of the State of Washington.
18. Venue. The venue for any action to enforce or interrupt this Contract
shall lie in the Superior Court of Washington for Yakima County
Washington.
19. Signature. It is agreed that this Contract may be signed by each
District separately and the signatures of all Districts and Cities need
not be placed on a single document. The person executing this
Contract on behalf of the District or City represents and warrants that
he or she has been fully authorized by the governing body of the
District or City to execute this Contract on its behalf and to legally
bind the Districts and Cities to all the terms, performances and
provisions of this Contract.
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
FD Dispatch Contract — 2013 -2014
8/22/2012 6 of 7
Fire Communications Service Contract
IN WITNESS WHEREOF, the parties have set their hands and
seals.
CITY OF YAKIMA
LIM
ATTEST.
City Clerk
DATED:
a, (0"(3
CITY CONTRAC r NO: ® l a
RESOLUTION NO: 01
FD FD Dispatch Contract — 2013 -2014
8/22/2012 7 of 7
YAKIMA COUNTY FIRE DISTRICT
NO. 14
By:
a14-'u-
Chair, Fire Commissioners
ATTEST•
bfi?q� �--
Secr ary /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, l 2, 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. SunComm 9 -1 -1 Communications Center. Yakima shall
continue to operate a central facility to be known as the SunComm
9 -1 -1 Communications Center within the City of Yakima and shall
use the same for the purpose of receiving fire and emergency
service calls from the respective areas served by all of the parties
hereto, and shall dispatch fire apparatus of the appropriate party in
answer to any such fire or emergency calls and for the purpose of
receiving and transmitting mutual aid calls among the various
parties hereto and for other related business.
2. Authority of Dispatch Center. It is agreed that the duty of
operating the SunComm 9 -1 -1 Communications Center and the
complete management thereof is vested in Yakima and that
Yakima shall have the full, complete, and exclusive authority to
FD Dispatch Contract — 2013 -2014
8/22/2012 1 of 7
Fire Communications Service Contract
operate and manage such SunComm 9 -1 -1 Communications
Center, including, but not limited to, the authority to hire and fire
employees for such office.
3. Expense of Maintenance and Operation. The expense of
continued maintenance and operation of the SunComm 9 -1 -1
Communications Center, including the expense of operating all
telephone lines terminating at the SunComm 9 -1 -1
Communications Center, and including the maintenance of
equipment located within the SunComm 9 -1 -1 Communications
Center belonging to the Districts and/or Cities shall be borne by
Yakima.
4. Term of Contract. This Contract is for a term of two (2) calendar
years commencing January 1, 2013 and terminating at midnight on
December 31, 2014.
In the event that the method of response to alarm calls is
significantly altered, such as tiered emergency medical
response, both parties agree that this agreement shall be
opened to reconsider the Cost of Service formula under the
new conditions of dispatching alarm calls.
5. Cost of Service. Yakima shall maintain a record of all the
Districts' and 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 2012 of Forty -two dollars and Ten
cents ($42.10). The cost per alarm call for each subsequent year of
the contract shall be increased effective January 1 of each year for
the contract term to an amount equal to the previous calendar year
cost per alarm plus the previous year's cost per call multiplied by
the percentage given below:
Contract Year 2013 — increase 5% - $44.21
Contract Year 2014 — increase 5% - $46.42
FD Dispatch Contract — 2013 -2014
812212012 2 of 7
Fire Communications Service Contract
To accommodate each district and each of the cities' budget cycle
Yakima shall provide, in writing, by August of each year governed
by this contract, the cost for dispatch services for the next budget
year. The numbers will be based on the 2010 alarm calls handled by
Yakima for each District and the Cities of Union Gap and Selah,
multiplied by 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.
B. Mutual Aid. In the event an individual District or Union Gap
or Selah requests mutual aid, it shall pay for each additional
alarm call it requests.
8. Early Termination of Contract. Any party hereto may terminate
this Contract, with or without cause, by providing sixty (60) days
written notice of termination to each of the parties to this Contract.
The Contract shall remain in full force and effect with regard to all
remaining parties who have not exercised early contract termination
pursuant to this clause.
9. Liability of Yakima. Yakima shall not be liable to the Districts and
Cities, its elected officials, officers, employees, and agents for failure
to provide, or delays in providing, services herein, if due to any cause
beyond the City of Yakima's control, such as, but not limited to,
FD Dispatch Contract — 2013 -2014
8/2212012 3 of 7
Fire Communications Service Contract
power outage, fire, water, energy shortages, failure of its
communications or computer hardware or operating system, natural
disaster, or inability to provide or continue to provide the agreed upon
services due to a court ruling or other legal action adverse to the City
of Yakima or this Contract.
10. INDEMNIFICATION /PROMISE NOT TO SUE.
A. The Districts and Cities agrees to hold harmless, indemnify,
protect, and defend Yakima, its elected officials, officers,
employees, and agents from and against any and all claims,
demands, losses, liens, liabilities, penalties, fines, lawsuits, and
other proceedings and all judgments, awards, costs and expenses
(including attorneys' fees and disbursements) that result from or
arise out of the sole negligence or intentionally wrongful acts or
omissions of the Districts and Cities, its elected officials,
officers, employees, and agents in connection with or incidental
to the performance or non - performance of this Contract.
B. In the event that the officials, officers, agents, and/or employees
of both Yakima and the Districts and Cities are negligent, each
party shall be liable for its contributory share of negligence for
any resulting suits, actions, claims, liability, damages,
judgments, costs and expenses (including reasonable attorney's
fees).
C. Nothing contained in this Section or this Contract shall be
construed to create a liability or right of indemnification in any
third party.
11. Nondiscrimination Provision. During the performance of this
Contract, Yakima shall not discriminate on the basis of race, age,
color, sex, religion, national origin, creed marital status, political
affiliation, or the presence of any sensory, mental or physical
handicap. This provision shall include but not be limited to the
following: Employment, upgrading, demotion, transfer, recruitment,
FD Dispatch Contract — 2013 -2014
8/22/2012 4 of 7
Fire Communications Service Contract
advertising, layoff, or termination, rates of pay or other forms of
compensation, and selection for training.
12. No Insurance. It is understood Yakima does not maintain liability
insurance for the Districts and Cities and/or their employees.
13. Assignment. This Contract, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part to
any other person or entity without the prior written consent of
Yakima. In the event that such prior written consent to an assignment
is granted, then the assignee shall assume all duties, obligations, and
liabilities the Districts and Cities stated herein.
14. SEVERABILITY
1. If a court of competent jurisdiction holds any part, term or
provision of this Agreement to be illegal, or invalid in whole or in
part, the validity of the remaining provisions shall not be affected,
and the parties' rights and obligations shall be construed and
enforced as if the Agreement did not contain the particular provision
held to be invalid.
2. if any provision of this Agreement is in direct conflict with any
statutory provision of the State of Washington, that provision which
may conflict shall be deemed inoperative and null and void insofar as
it may conflict, and shall be deemed modified to conform to such
statutory provision.
15. Integration. This written document constitutes the entire agreement
between Yakima and the Districts and Cities. There are no other oral
or written agreements between the parties as to the subjects covered
herein. No changes or additions to this Contract shall be valid or
binding upon either party unless such change or addition be in writing
and executed by all parties.
16. REPRESENTATIONS & WARRANTIES
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8/22/2012 5 of 7
Fire Communications Service Contract
1. The Districts and Cities acknowledges that it has not been
induced to enter into this Contract by any representation or
statements, oral or written, not expressly contained herein or
expressly incorporated by reference.
2. The City of Yakima makes no representations, warranties, or
guaranties, express or implied, other than the express
representations, warranties, and guaranties contained in this
Contract.
17. Governing Law. This contract shall be governed by and construed in
accordance with the laws of the State of Washington.
18. Venue. The venue for any action to enforce or interrupt this Contract
shall lie in the Superior Court of Washington for Yakima County
Washington.
19. Signature. It is agreed that this Contract may be signed by each
District separately and the signatures of all Districts and Cities need
not be placed on a single document. The person executing this
Contract on behalf of the District or City represents and warrants that
he or she has been fully authorized by the governing body of the
District or City to execute this Contract on its behalf and to legally
bind the Districts and Cities to all the terms, performances and
provisions of this Contract.
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
FD Dispatch Contract — 2013 -2014
8/22/2012 6 of 7
Fire Communications Service Contract
IN WITNESS WHEREOF, the parties have set their hands and
seals.
CITY OF YAKIMA
wo
ATTEST:
City Clerk
DATED:
S� - (q -(3
CITY CONTRAC f NO:
RESOLUTION NO: /L d/ 0
FD Dispatch Contract — 2013 -2014
8/22/2012 7 of 7
YAKIMA COUNTY FIRE DISTRICT
NO. 12
By
C Commissioners
ATTEST.
Secretary /Treasurer
DATED-
No
` : Q
��
Q �, `♦
CITY CONTRAC f NO:
RESOLUTION NO: /L d/ 0
FD Dispatch Contract — 2013 -2014
8/22/2012 7 of 7
YAKIMA COUNTY FIRE DISTRICT
NO. 12
By
C 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. SunComm 9 -1 -1 Communications Center. Yakima shall
continue to operate a central facility to be known as the SunComm
9 -1 -1 Communications Center within the City of Yakima and shall
use the same for the purpose of receiving fire and emergency
service calls from the respective areas served by all of the parties
hereto, and shall dispatch fire apparatus of the appropriate party in
answer to any such fire or emergency calls and for the purpose of
receiving and transmitting mutual aid calls among the various
parties hereto and for other related business.
2. Authority of Dispatch Center. It is agreed that the duty of
operating the SunComm 9 -1 -1 Communications Center and the
complete management thereof is vested in Yakima and that
Yakima shall have the full, complete, and exclusive authority to
FD Dispatch Contract — 2013 -2014
8/22/2012 1 of 7
Fire Communications Service Contract
operate and manage such SunComm 9 -1 -1 Communications
Center, including, but not limited to, the authority to hire and fire
employees for such office.
3. Expense of Maintenance and Operation.
The expense of
continued maintenance and operation of the
SunComm 9 -1 -1
Communications Center, including the expense of operating all
telephone lines terminating at the SunComm
9 -1 -1
Communications Center, and including the
maintenance of
equipment located within the SunComm 9 -1 -1
Communications
Center belonging to the Districts and /or Cities
shall be borne by
Yakima.
4. Term of Contract. This Contract is for a term of two (2) calendar
years commencing January 1, 2013 and terminating at midnight on
December 31, 2014.
In the event that the method of response to alarm calls is
significantly altered, such as tiered emergency medical
response, both parties agree that this agreement shall be
opened to reconsider the Cost of Service formula under the
new conditions of dispatching alarm calls.
5. Cost of Service. Yakima shall maintain a record of all the
Districts' and 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 2012 of Forty -two dollars and Ten
cents ($42.10). The cost per alarm call for each subsequent year of
the contract shall be increased effective January I of each year for
the contract term to an amount equal to the previous calendar year
cost per alarm plus the previous year's cost per call multiplied by
the percentage given below:
Contract Year 2013 — increase 5% - $44.21
Contract Year 2014 — increase 5% - $46.42
FD Dispatch Contract — 2013 -2014
812212012 2 of 7
Fire Communications Service Contract
To accommodate each district and each of the cities' budget cycle
Yakima shall provide, in writing, by August of each year governed
by this contract, the cost for dispatch services for the next budget
year. The numbers will be based on the 2010 alarm calls handled by
Yakima for each District and the Cities of Union Gap and Selah,
multiplied by 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 2„d Street, Yakima, Washington.
7. Definition of Alarm Calls. A call to be charged for under the
terms of this Contract is defined as follows:
A. An alarm call is defined as: a call requiring the dispatch of
equipment from any of the Districts or the Cities. Any number
of vehicles from the responsible Districts or Cities may answer
any such alarm call. All communications dealing with such
alarm call shall be deemed as (1) alarm call.
B. Mutual Aid. In the event an individual District or Union Gap
or Selah requests mutual aid, it shall pay for each additional
alarm call it requests.
8. Early Termination of Contract. Any party hereto may terminate
this Contract, with or without cause, by providing sixty (60) days
written notice of termination to each of the parties to this Contract.
The Contract shall remain in full force and effect with regard to all
remaining parties who have not exercised early contract termination
pursuant to this clause.
9. Liability of Yakima. Yakima shall not be liable to the Districts and
Cities, its elected officials, officers, employees, and agents for failure
to provide, or delays in providing, services herein, if due to any cause
beyond the City of Yakima's control, such as, but not limited to,
FD Dispatch Contract — 2013 -2014
8/22/2012 3 of 7
Fire Communications Service Contract
power outage, fire, water, energy shortages, failure of its
communications or computer hardware or operating system, natural
disaster, or inability to provide or continue to provide the agreed upon
services due to a court ruling or other legal action adverse to the City
of Yakima or this Contract.
10. INDEMNIFICATION /PROMISE NOT TO SUE.
A. The Districts and Cities agrees to hold harmless, indemnify,
protect, and defend Yakima, its elected officials, officers,
employees, and agents from and against any and all claims,
demands, losses, liens, liabilities, penalties, fines, lawsuits, and
other proceedings and all judgments, awards, costs and expenses
(including attorneys' fees and disbursements) that result from or
arise out of the sole negligence or intentionally wrongful acts or
omissions of the Districts and Cities, its elected officials,
officers, employees, and agents in connection with or incidental
to the performance or non - performance of this Contract.
B. In the event that the officials, officers, agents, and/or employees
of both Yakima and the Districts and Cities are negligent, each
party shall be liable for its contributory share of negligence for
any resulting suits, actions, claims, liability, damages,
judgments, costs and expenses (including reasonable attorney's
fees).
C. Nothing contained in this Section or this Contract shall be
construed to create a liability or right of indemnification in any
third party.
11. Nondiscrimination Provision. During the performance of this
Contract, Yakima shall not discriminate on the basis of race, age,
color, sex, religion, national origin, creed marital status, political
affiliation, or the presence of any sensory, mental or physical
handicap. This provision shall include but not be limited to the
following: Employment, upgrading, demotion, transfer, recruitment,
FD Dispatch Contract - 2013 -2014
8/2212012 4 of 7
Fire Communications Service Contract
advertising, layoff, or termination, rates of pay or other forms of
compensation, and selection for training.
12. No Insurance. It is understood Yakima does not maintain liability
insurance for the Districts and Cities and/or their employees.
13. Assignment. This Contract, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part to
any other person or entity without the prior written consent of
Yakima. In the event that such prior written consent to an assignment
is granted, then the assignee shall assume all duties, obligations, and
liabilities the Districts and Cities stated herein.
14. SEVERABILITY
1. If a court of competent jurisdiction holds any part, term or
provision of this Agreement to be illegal, or invalid in whole or in
part, the validity of the remaining provisions shall not be affected,
and the parties' rights and obligations shall be construed and
enforced as if the Agreement did not contain the particular provision
held to be invalid.
2. If any provision of this Agreement is in direct conflict with any
statutory provision of the State of Washington, that provision which
may conflict shall be deemed inoperative and null and void insofar as
it may conflict, and shall be deemed modified to conform to such
statutory provision.
15. Integration. This written document constitutes the entire agreement
between Yakima and the Districts and Cities. There are no other oral
or written agreements between the parties as to the subjects covered
herein. No changes or additions to this Contract shall be valid or
binding upon either party unless such change or addition be in writing
and executed by all parties.
16. REPRESENTATIONS & WARRANTIES
FD Dispatch Contract — 2013 -2014
8122/2012 5 of 7
Fire Communications Service Contract
1. The Districts and Cities acknowledges that it has not been
induced to enter into this Contract by any representation or
statements, oral or written, not expressly contained herein or
expressly incorporated by reference.
2. The City of Yakima makes no representations, warranties, or
guaranties, express or implied, other than the express
representations, warranties, and guaranties contained in this
Contract.
17. Governing Law. This contract shall be governed by and construed in
accordance with the laws of the State of Washington.
18. Venue. The venue for any action to enforce or interrupt this Contract
shall lie in the Superior Court of Washington for Yakima County
Washington.
19. Signature. It is agreed that this Contract may be signed by each
District separately and the signatures of all Districts and Cities need
not be placed on a single document. The person executing this
Contract on behalf of the District or City represents and warrants that
he or she has been fully authorized by the governing body of the
District or City to execute this Contract on its behalf and to legally
bind the Districts and Cities to all the terms, performances and
provisions of this Contract.
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
FD Dispatch Contract — 2013 -2014
8/22/2012 6 of 7
Fire Communications Service Contract
IN WITNESS WHEREOF, the parties have set their hands and
seals.
CITY OF YAKIMA
ATTEST-
City-Clerk
DATED•
9-�,2 — c
CITY CONTRAC r NO-
RESOLUTION NO-
FD Dispatch Contract - 2013 -2014
812212012 7 of 7
YAKIMA COUNTY FIRE DISTRICT
NO. 9
By:
hair, Fire Commi loners
ATTEST:
Secretary /Treasurer
DATED:
12. y I 12
h ` f
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: February 5, 2013
5
ITEM TITLE: Resolution authorizing renewal of contracts for Fire
Communications Services (Dispatching) with the City of
Selah, City of Union Gap and the Fire Districts of the Upper
Yakima Valley
SUBMITTED BY: Wayne Wantland, Communications & Technology Manager
CONTACT Wayne Wantland, 575 -6048
PERSON /TELEPHONE:
SUMMARY EXPLANATION:
The City of Yakima Communications Center has been providing fire dispatching services for
surrounding agencies for more than fifty years. The contracts we have with these agencies
are generally renewed on a two year cycle which allows for any updating of language and
the resetting, if needed, of the terms. These contracts were up for a cost of service renewal
1/1/2013 and will be in effect through 12/31/2014. The only change in the contract is the rate
of increase, which for this contract period is five percent (5 %) per year to help cover the
increase cost in providing these services.
Resolution X
Contract:
Ordinance Other
(specify)
Mail to:
Contract Term: 1/1/13 to Amount: Expiration Date:
12/31/14
Insurance Required? No
Funding
Source:
APPROVED FOR
SUBMITTAL:
Phone:
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:
ATTACHMENTS:
Click to download
❑ Resolution Fire Contracts
❑ l contracts part 1
❑ contracts part 2
•
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