HomeMy WebLinkAboutR-2009-146 2010-2012 Fire Communications Services Contract and Information Systems Services AgreementsRESOLUTION NO. R-2009-146
A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of
Yakima to execute a Fire Communications Services Contract and, where
applicable, the Information Systems Services Agreement 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 Distracts; and
WHEREAS, the fire protection entities desire to enter into a new Fire Communications
Services Contract for the continuations of said services for the calendar year 2009; and,
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to
continue to provide dispatch and communications 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 agreements entitled "Fire Communications Contract" and
"Information Systems Services Agreement" with the City of Union Gap, the City of Selah, and
various Yakima County Fire Protection Districts.
ADOPTED BY THE CITY COUNCIL this 3`d day of November, 2009.
ATTEST:
David Edler, Mayor
CITY OF YAKIMA
INFORMATION SYSTEMS SERVICES AGREEMENT
THIS INFORMATION SYSTEMS SERVICES AGREEMENT (hereinafter
"Agreement"), is made and entered into by and between the CITY OF YAKIMA,
Washington, a municipal corporation (hereinafter "City"), and YAKIMA
COUNTY FIRE PROTECTION DISTRICT # 1, Highland, a Washington fire
protection district, (hereinafter the "User Agency"). The purpose of this
Agreement is to define the scope of services contracted by the User Agency from
the City, set forth the compensation to be paid by the User Agency for such
services, and enumerate other related provisions that contribute to the mutual
benefit of the parties to this Agreement.
WITNESSETH
WHEREAS, the User Agency desires Information Systems Services as
described in the Appendix to this Agreement; and
WHEREAS, the 'City of Yakima possesses the necessary resources to provide the
Information Systems Services to the extent described in this Agreement and is
willing to do so according to the terms and conditions contained herein;
NOW, THEREFORE, in consideration of mutual promises contained herein
and the mutual benefits to be derived hereunder, the parties agree as follows:
A. THE CITY OF YAKIMA WILL:
1. Implement and maintain the services described in the Appendix to
this Agreement.
2. Give the User Agency at least seven (7) days' advance written notice
of any change in operation, computer hardware, or software that may
foreseeably adversely affect the User Agency, excluding normal
upgrades of the operating system or software and excluding
emergency operational requirements.
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3. Use a reasonable standard of care to insure the security of User
Agency data, which shall be no less than the precautions the City of
Yakima uses to protect its own confidential information.
B. THE USER AGENCY WILL:
1. Provide and maintain any additional computer hardware and/or
software necessary for the operation the system(s) described in the
Appendix beyond the hardware explicitly provided by the City of
Yakima pursuant to this Agreement. All such equipment and/or
software must be approved by the City of Yakima prior to connection
to the system, which approval will not be unreasonably withheld.
2. Provide any hardware deemed necessary by the City of Yakima to
protect the City of Yakima's computer equipment from potential
damage caused by the User Agency's hardware.
3. Provide security for criminal record information and/or private,
personal, or confidential information contained in the services being
provided.
C. EFFECTIVE DATE & TERMINATION
1. The effective date of this Agreement is January 1, 2010. This
Agreement shall continue in duration until terminated by either party
in accordance with Section C(2) of this Agreement.
2. This Agreement may be terminated by either party, with or without
cause, by giving written notice to the other party at least sixty (60)
days in advance of the intended date of termination.
D. CHARGES & BILLING
1. Annual Payment. The User Agency shall be billed during the first
quarter of each calendar year for services during year. The User
Agency shall pay for each year's billing for services within sixty (60)
days after billing by Yakima. Payment shall be made to Yakima City
Treasurer, 129 North 2nd Street, Yakima, Washington.
2. Prior to October 1st of each year during the term of this Agreement,
the City shall provide notice in writing to the User Agency of the fee
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that will be charged during the subsequent year for the services
identified in the Appendix.
3. The User Agency may request additional services beyond those
described in the Appendix. In such event, the City Manager (or his
designee) is authorized to negotiate a mutually agreeable sum for
such additional services. A description of the additional services and
consideration shall be reduced to writing in a document signed by the
parties. This document shall be made an addendum to this
Agreement.
E. LIABILITY OF THE CITY OF YAKIMA
The City of 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 Agreement.
F. INDEMNIFICATION/PROMISE NOT TO SUE
1. The User Agency agrees to hold harmless, indemnify, protect, and
defend the City, 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
Agreement.
2. In the event that the officials, officers, agents, and/or employees of
both the City 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).
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3. Nothing contained in this Section or this Agreement shall be
construed to create a liability or right of indemnification in any third
party.
G. TERMS TO BE EXCLUSIVE
The entire agreement between the parties with respect to the subject matter
hereunder is contained in this Agreement. -In the event the User Agency
issues a purchase order, memorandum, specifications, or other instrument
covering the services herein provided, such purchase order, memorandum,
specifications, or instrument is for the User Agency's internal purposes only
and any and all items and conditions contained therein, whether printed or
written, shall be of no force or effect. Except as herein expressly provided to
the contrary, the provisions of this Agreement are for the benefit of the
parties hereto solely and not for the benefit of any other person, persons, or
legal entities.
H. REPRESENTATIONS & WARRANTIES
1. The User Agency acknowledges that it has not been induced to enter
into this Agreement 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 Agreement.
I. WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN
WRITING
No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by duly authorized
representatives of the City of Yakima and the User Agency.
J. ASSIGNMENT
This Agreement may not be assigned by either party hereto without
the prior written consent of the other party.
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K. TIME IS OF THE ESSENCE
Time and the punctual performance of each and all of the terms,
provisions, and conditions of this Agreement are of the essence.
L. NON -WAIVER
The waiver by the User Agency or the City of the breach of any
provision of this Agreement by the other party shall not operate or be
construed as a waiver of any subsequent breach by either party or prevent
either party thereafter enforcing any such provision.
M. SURVIVAL
Any provision of this Agreement that imposes an obligation after
termination or expiration of this Agreement shall survive the term or
expiration of this agreement and shall be binding on the parties to this
Agreement.
N. WRITTEN NOTICE
All notices required by or sent under this Agreement shall be in
writing, shall be delivered personally to the recipient, or sent by means of
certified mail with full postage prepaid, return receipt requested. Any
written notice hereunder shall become effective as of the date of when
mailed or personally delivered. Notices to the City of Yakima shall be
delivered to the Yakima Communications Manager at 200 South 3rd Street,
Yakima, Washington 98901 and notices to the User Agency shall be
delivered to Yakima County Fire District #1, Fire Chief, 51 Cowiche Rd,
Cowiche, WA 98923.
O. 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
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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.
P. GOVERNING LAW
This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
Q. VENUE
The venue for any action to enforce or interpret this Agreement shall
lie in the Superior Court of Washington for Yakima County, Washington.
R. AUTHORITY
The person executing this Agreement 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 Agreement on its behalf
and to legally bind the User Agency to all the terms, performances and
provisions of this Agreement.
S. RECORDING OF AGREEMENT
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
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CITY OF YAKIMA
R. A. Zais, Jr., City Manager
Date: /// .s/o9.
ATTEST:
YAKIMA COUNTY FIRE DISTRICT 1
Title: icr,�n-
Date: C%�: D7, ,,V -Z-)
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APPENDIX A
CITY OF YAKIMA
INFORMATION SYSTEMS SERVICES AGREEMENT
Mobile Data System
Including; Mobile Client, AVL and Mapping
The City of Yakima shall provide:
1) An interface to the Computer Aided Dispatch System (CAD) to transfer the
incident data from CAD to the Mobile Data Radio system.
2) An agreement with Hitech Systems, Inc for maintenance of the Interface.
3) Licenses for Mobile Client, AVL and Mapping.
4) Annual Technical Services to ensure User Agency's equipment operates within
the parameters of the system providers. Does not include equipment repair of
parts replacement.
5) The in-house resources necessary to ensure the system continues to operate
within the limitations set forth by the system providers.
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CITY OF YAKIMA
INFORMATION SYSTEMS SERVICES AGREEMENT
THIS INFORMATION SYSTEMS SERVICES AGREEMENT (hereinafter
"Agreement"), i§ made and entered into -by and between the CITY OF YAKIMA,
Washington, a municipal corporation (hereinafter "City"), and YAKIMA
COUNTY FIRE PROTECTION DISTRICT # 4, East Valley, a Washington fire
protection district, (hereinafter the "User Agency"). The purpose of this
Agreement is to define the scope of services contracted by the User Agency from
the City, set forth the compensation to be paid by the User Agency for such
services, and enumerate other related provisions that contribute to the mutual
benefit of the parties to this Agreement.
WITNESSETH
WHEREAS, the User Agency desires Information Systems Services as
described in the Appendix to this Agreement; and
WHEREAS, the City of Yakima possesses the necessary resources to provide the
Information Systems Services to the extent described in this Agreement and is
willing to do so according to the terms and conditions contained herein;
NOW, THEREFORE, in consideration of mutual promises contained herein
and the mutual benefits to be derived hereunder, the parties agree as follows:
A. THE CITY OF YAKIMA WILL:
1. Implement and maintain the services described in the Appendix to
this Agreement.
2. Give the User Agency at least seven (7) days' advance written notice
of any change in operation, computer hardware, or software that may
foreseeably adversely affect the User Agency, excluding normal
upgrades of the operating system or software and excluding
emergency operational requirements.
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3. Use a reasonable standard of care to insure the security of User
Agency data, which shall be no less than the precautions the City of
Yakima uses to protect its own confidential information.
B. THE USER AGENCY WILL:
1. Provide and maintain any additional computer hardware and/or
software necessary for the operation the system(s) described in the
Appendix beyond the hardware explicitly provided by the City of
Yakima pursuant to this Agreement. All such equipment and/or
software must be approved by the City of Yakima prior to connection
to the system, which approval will not be unreasonably withheld.
2. Provide any hardware deemed necessary by the City of Yakima to
protect the City of Yakima's computer equipment from potential
damage caused by the User Agency's hardware.
3. Provide security for criminal record information and/or private,
personal, or confidential information contained in the services being
provided.
C. EFFECTIVE DATE & TERMINATION
1. The effective date of this Agreement is January 1, 2010. This
Agreement shall continue in duration until terminated by either party
in accordance with Section C(2) of this Agreement.
2. This Agreement may be terminated by either party, with or without
cause, by giving written notice to the other party at least sixty (60)
days in advance of the intended date of termination.
D. CHARGES & BILLING
1. Annual Payment. The User Agency shall be billed during the first
quarter of each calendar year for services during year. The User
Agency shall pay for each year's billing for services within sixty (60)
days after billing by Yakima. Payment shall be made to Yakima City
Treasurer, 129 North 2'1 Street, Yakima, Washington.
2. Prior to October 1st of each year during the term of this Agreement,
the City shall provide notice in writing to the User Agency of the fee
EVFD IS Services Agreement-2010.doc
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that will be charged during the subsequent year for the services
identified in the Appendix.
3. The User Agency may request additional services beyond those
described in the Appendix. In such event, the City Manager (or his
designee) is authorized to negotiate a mutually agreeable sum for
such additional services. A description of the additional services and
consideration shall be reduced to writing in a document signed by the
parties. This document shall be made an addendum to this
Agreement.
E. LIABILITY OF THE CITY OF YAKIMA
The City of 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 Agreement.
F. INDEMNIFICATION/PROMISE NOT TO SUE
1. The User Agency agrees to hold harmless, indemnify, protect, and
defend the City, 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
Agreement.
2. In the event that the officials, officers, agents, and/or employees of
both the City 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).
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3. Nothing contained in this Section or this Agreement shall be
construed to create a liability or right of indemnification in any third
party.
G. TERMS TO BE EXCLUSIVE
The entire agreement between the parties with respect to the subject matter
hereunder is contained in this Agreement. In the event the User Agency
issues a purchase order, memorandum, specifications, or other instrument
covering the services herein provided, such purchase order, memorandum,
specifications, or instrument is for the User Agency's internal purposes only
and any and all items and conditions contained therein, whether printed or
written, shall be of no force or effect. Except as herein expressly provided to
the contrary, thF provisions of this Agreement are for the benefit of the
parties hereto solely and not for the benefit of any other person, persons, or
legal entities.
II. REPRESENTATIONS & WARRANTIES
1. The User Agency acknowledges that it has not been induced to enter
into this Agreement 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 Agreement.
I. WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN
WRITING
No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by duly authorized
representatives of the City of Yakima and the User Agency.
J. ASSIGNMENT
This Agreement may not be assigned by either party hereto without
the prior written consent of the other party.
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K. TIME IS OF THE ESSENCE
Time and the punctual performance of each and all of the terms,
provisions, and conditions of this Agreement are of the essence.
L. NON -WAIVER
The waiver by the User Agency or the City of the breach of any
provision of this Agreement by the other party shall not operate or be
construed as a waiver of any subsequent breach by either party or prevent
either party thereafter enforcing any such provision.
M. SURVIVAL
Any provision of this Agreement that imposes an obligation after
termination or expiration of this Agreement shall survive the term or
expiration of this agreement and shall be binding on the parties to this
Agreement.
N. WRITTEN NOTICE
All notices required by or sent under this Agreement shall be in
writing, shall be delivered personally to the recipient, or sent by means of
certified mail with full postage prepaid, return receipt requested. Any
written notice hereunder shall become effective as of the date of when
mailed or personally delivered. Notices to the City of Yakima shall be
delivered to the Yakima Communications Manager at 200 South 3rd Street,
Yakima, Washington 98901 and notices to the User Agency shall be
delivered to Yakima County Fire District #4, Fire Chief, 2003 Beaudry
Road, Yakima, WA 98901.
O. SEVERA3ILITY
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
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EVFD IS Services Agreement-2010.doc
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.
P. GOVERNING LAW
This Agreement shall be governed by and construed in accordance
with the laws -of the State of Washington.
Q. VENUE
The venue for any action to enforce or interpret this Agreement shall
lie in the Superior Court of Washington for Yakima County, Washington.
R. AUTHORITY
The person executing this Agreement 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 Agreement on its behalf
and to legally bind the User Agency to all the terms, performances and
provisions of this Agreement.
S. RECORDING OF AGREEMENT
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
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CITY OF YAKIMA YAKIMA COUNTY FIRE DISTRICT 4
R. A. Zais, Jr., ity Manager
Date: 1-- 22- - 0
ATTEST:
Title: (fri1,7LJiAnn, 4
Date:
City Clerk
Contract No. a '0 /35/
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EVFD IS Services Agreement-2010.doc
APPENDIX A
CITY OF YAKIMA
INFORMATION SYSTEMS SERVICES AGREEMENT
Mobile Data System
Including; Mobile Client, AVL and Mapping
The City of Yakima shall provide:
1) An interface to the Computer Aided Dispatch System (CAD) to transfer the
incident data from CAD to the Mobile Data Radio system.
2) An agreement with Hitech Systems, Inc for maintenance of the Interface.
3) Licenses for Mobile Client, AVL and Mapping.
4) Annual Technical Services to ensure User Agency's equipment operates within
the parameters of the system providers. Does not include equipment repair or
parts replacement.
5) The in-house resources necessary to ensure the system continues to operate
within the limitations set forth by the system providers.
Page 8 of 8
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EVFD IS Services Agreement-2010.doc
CITY OF YAKIMA
INFORMATION SYSTEMS SERVICES AGREEMENT
THIS INFORMATION SYSTEMS SERVICES AGREEMENT (hereinafter
"Agreement"), i§ made and entered into by and between the CITY OF YAKIMA,
Washington, a municipal corporation (hereinafter "City"), and YAKIMA
COUNTY FIRE PROTECTION DISTRICT # 5, a Washington fire protection
district, (hereinafter the "User Agency"). The purpose of this Agreement is to
define the scope of services contracted by the User Agency from the City, set forth
the compensation to be paid by the User Agency for such services, and enumerate
other related provisions that contribute to the mutual benefit of the parties to this
Agreement.
WITNESSETH
WHEREAS, the User Agency desires Information Systems Services as
described in the Appendix to this Agreement; and
WHEREAS, the 'City of Yakima possesses the necessary resources to provide the
Information Systems Services to the extent described in this Agreement and is
willing to do so according to the terms and conditions contained herein;
NOW, THEREFORE, in consideration of mutual promises contained herein
and the mutual benefits to be derived hereunder, the parties agree as follows:
A. THE CITY OF YAKIMA WILL:
1. Implement and maintain the services described in the Appendix to
this Agreement.
2. Give the User Agency at least seven (7) days' advance written notice
of any change in operation, computer hardware, or software that may
foreseeably adversely affect the User Agency, excluding normal
upgrades of the operating system or software and excluding
emergency operational requirements.
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3. Use a reasonable standard of care to insure the security of User
Agency data, which shall be no less than the precautions the City of
Yakima uses to protect its own confidential information.
B. THE USER AGENCY WILL:
1. Provide and maintain any additional computer hardware and/or
software necessary for the operation the system(s) described in the
Appendix beyond the hardware explicitly provided by the City of
Yakima pursuant to this Agreement. All such equipment and/or
software must be approved by the City of Yakima prior to connection
to the system, which approval will not be unreasonably withheld.
2. Provide any hardware deemed necessary by the City of Yakima to
protect the City of Yakima's computer equipment from potential
damage caused by the User Agency's hardware.
3. Provide security for criminal record information and/or private,
personal, or confidential information contained in the services being
provided.
C. EFFECTIVE DATE & TERMINATION
1. The effective date of this Agreement is January 1, 2010. This
Agreement shall continue in duration until terminated by either party
in accordance with Section C(2) of this Agreement.
2. This Agreement may be terminated by either party, with or without
cause, by giving written notice to the other party at least sixty (60)
days in advance of the intended date of termination.
D. CHARGES & BILLING
1. Annual Payment. The User Agency shall be billed during the first
quarter of each calendar year for services during year. The User
Agency shall pay for each year's billing for services within sixty (60)
days after billing by Yakima. Payment shall be made to Yakima City
Treasurer, 129 North 2nd Street, Yakima, Washington.
2. Prior to October et of each year during the term of this Agreement,
the City shall provide notice in writing to the User Agency of the fee
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that will be charged during the subsequent year for the services
identified in the Appendix.
3. The User Agency may request additional services beyond those
described in the Appendix. In such event, the City Manager (or his
designee) is authorized to negotiate a mutually agreeable sum for
such additional services. A description of the additional services and
consideration shall be reduced to writing in a document signed by the
parties. This document shall be made an addendum to this
Agreement.
E. LIABILITY OF THE CITY OF YAKIMA
The City of Yakima shall not be liable to the User Agency, its elected
officials, officer§, 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 a§, 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 Agreement.
F. INDEMNIFICATION/PROMISE NOT TO SUE
1. The User Agency agrees to hold harmless, indemnify, protect, and
defend the City, 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 tp the performance or non-performance of this
Agreement.
2. In the event that the officials, officers, agents, and/or employees of
both the City 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).
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3. Nothing contained in this Section or this Agreement shall be
construed to create a liability or right of indemnification in any third
party.
G. TERMS TO BE EXCLUSIVE
The entire agreement between the parties with respect to the subject matter
hereunder is contained in this Agreement. In the event the User Agency
issues a purchase order, memorandum, specifications, or other instrument
covering the services herein provided, such purchase order, memorandum,
specifications, or instrument is for the User Agency's internal purposes only
and any and all items and conditions contained therein, whether printed or
written, shall be of no force or effect. Except as herein expressly provided to
the contrary, the provisions of this Agreement are for the benefit of the
parties hereto solely and not for the benefit of any other person, persons, or
legal entities.
II. REPRESENTATIONS & WARRANTIES
1. The User Agency acknowledges that it has not been induced to enter
into this Agreement 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 Agreement.
I. WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN
WRITING
No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by duly authorized
representatives of the City of Yakima and the User Agency.
J. ASSIGNMENT
This Agreement may not be assigned by either party hereto without
the prior written consent of the other party.
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K. TIME IS OF THE ESSENCE
Time and the punctual performance of each and all of the terms,
provisions, and conditions of this Agreement are of the essence.
L. NON -WAIVER
The waiver by the User Agency or the City of the breach of any
provision of this Agreement by the other party shall not operate or be
construed as a waiver of any subsequent breach by either party or prevent
either party thereafter enforcing any such provision.
M. SURVIVAL
Any provision of this Agreement that imposes an obligation after
termination or expiration of this Agreement shall survive the term or
expiration of this agreement and shall be binding on the parties to this
Agreement.
N. WRITTEN NOTICE
All notices required by or sent under this Agreement shall be in
writing, shall be delivered personally to the recipient, or sent by means of
certified mail with full postage prepaid, return receipt requested. Any
written notice hereunder shall become effective as of the date of when
mailed or personally delivered. Notices to the City of Yakima shall be
delivered to the Yakima Communications Manager at 200 South 3rd Street,
Yakima, Washington 98901 and notices to the User Agency shall be
delivered to Yakima County Fire District #5, Fire Chief, 717 First Ave, PO
Box 447, Zillah, WA 98953.
O. SEVERA$ILITY
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 4hall 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
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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.
P. GOVERNING LAW
This Agreement shall be governed by and construed in accordance
with the laws -of the State of Washington.
Q. VENUE
The venue for any action to enforce or interpret this Agreement shall
lie in the Superiqr Court of Washington for Yakima County, Washington.
R. AUTHORITY
The person executing this Agreement 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 Agreement on its behalf
and to legally bind the User Agency to all the terms, performances and
provisions of this Agreement.
S. RECORDING OF AGREEMENT
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
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CITY OF YAI{IMA
R. A. Zais, Jr., City Manager
YAKIMA COUNTY FIRE DISTRICT 5
Date: yClo 9 Title: //AZ
Date: 7 O 9 _
ATTEST:
City Clerk
Contract No. 02409-13 Vi
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APPENDIX A
CITY OF YAKIMA
INFORMATION SYSTEMS SERVICES AGREEMENT
Mobile Data System
Including; Mobile Client, AVL and Mapping
The City of Yakima shall provide:
1) An interface to the Computer Aided Dispatch System (CAD) to transfer the
incident data from CAD to the Mobile Data Radio system.
2) An agreement with Hitech Systems, Inc for maintenance of the Interface.
3) Licenses for Mobile Client, AVL and Mapping.
4) Annual Technical Services to ensure User Agency's equipment operates within
the parameters of the system providers. Does not include equipment repair of
parts replacement.
5) The in-house resources necessary to ensure the system continues to operate
within the limitations set forth by the system providers.
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CITY OF YAKIMA
INFORMATION SYSTEMS SERVICES AGREEMENT
THIS INFORMATION SYS'1'hMS SERVICES AGREEMENT (hereinafter
"Agreement"), is made and entered into by and between the CITY OF YAKIMA,
Washington, a municipal corporation (hereinafter "City"), and YAKIMA
COUNTY FIRE PROTECTION DISTRICT # 6, Gleed, a Washington fire
protection district, (hereinafter the "User Agency"). The purpose of this
Agreement is to define the scope of services contracted by the User Agency from
the City, set forth the compensation to be paid by the User Agency for such
services, and enumerate other related provisions that contribute to the mutual
benefit of the parties to this Agreement.
WITNESSETH
WHEREAS, the User Agency desires Information Systems Services as
described in the Appendix to this Agreement; and
WHEREAS, the 'City of Yakima possesses the necessary resources to provide the
Information Systems Services to the extent described in this Agreement and is
willing to do so according to the terms and conditions contained herein;
NOW, THEREFORE, in consideration of mutual promises contained herein
and the mutual benefits to be derived hereunder, the parties agree as follows:
A. THE CITY OF YAKIMA WILL:
1. Implement and maintain the services described in the Appendix to
this Agreement.
2. Give the User Agency at least seven (7) days' advance written notice
of any change in operation, computer hardware, or software that may
foreseeably adversely affect the User Agency, excluding normal
upgrades of the operating system or software and excluding
emergency operational requirements.
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3. Use a reasonable standard of care to insure the security of User
Agency data, which shall be no less than the precautions the City of
Yakima uses to protect its own confidential information.
B. THE USER AGENCY WILL:
1. Provide and maintain any additional computer hardware and/or
software necessary for the operation the system(s) described in the
Appendix beyond the hardware explicitly provided by the City of
Yakima pursuant to this Agreement. All such equipment and/or
software must be approved by the City of Yakima prior to connection
to the system, which approval will not be unreasonably withheld.
2. Provide any hardware deemed necessary by the City of Yakima to
protect the City of Yakima's computer equipment from potential
damage caused by the User Agency's hardware.
3 Provide security for criminal record information and/or private,
personal, or confidential information contained in the services being
provided.
C. EFFECTIVE DATE & TERMINATION
1. The effective date of this Agreement is January 1, 2010. This
Agreement shall continue in duration until terminated by either party
in accordance with Section C(2) of this Agreement.
2. This Agreement may be terminated by either party, with or without
cause, by giving written notice to the other party at least sixty (60)
days in advance of the intended date of termination.
D. CHARGES & BILLING
1. Annual Payment. The User Agency shall be billed during the first
quarter of each calendar year for services during year. The User
Agency shall pay for each year's billing for services within sixty (60)
days after billing by Yakima. Payment shall be made to Yakima City
Treasurer, 129 North 2nd Street, Yakima, Washington.
2. Prior to October 1st of each year during the term of this Agreement,
the City shall provide notice in writing to the User Agency of the fee
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that will be charged during the subsequent year for the services
identified in the Appendix.
3. The User Agency may request additional services beyond those
described in the Appendix. In such event, the City Manager (or his
designee) is authorized to negotiate a mutually agreeable sum for
such additional services. A description of the additional services and
consideration shall be reduced to writing in a document signed by the
parties. This document shall be made an addendum to this
Agreement.
E. LIABILITY OF THE CITY OF YAKIMA
The City of 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 Agreement.
F. INDEMNIFICATION/PROMISE NOT TO SUE
1. The User Agency agrees to hold harmless, indemnify, protect, and
defend the City, 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
Agreement.
2. In the event that the officials, officers, agents, and/or employees of
both the City 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).
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3. Nothing contained in this Section or this Agreement shall be
construed to create a liability or right of indemnification in any third
party.
G. TERMS TO BE EXCLUSIVE
The entire agreement between the parties with respect to the subject matter
hereunder is contained in this Agreement. in the event the User Agency
issues a purchase order, memorandum, specifications, or other instrument
covering the services herein provided, such purchase order, memorandum,
specifications, or instrument is for the User Agency's internal purposes only
and any and all items and conditions contained therein, whether printed or
written, shall be of no force or effect. Except as herein expressly provided to
the contrary, the provisions of this Agreement are for the benefit of the
parties hereto solely and not for the benefit of any other person, persons, or
legal entities.
H. REPRESENTATIONS & WARRANTIES
1. The User Agency acknowledges that it has not been induced to enter
into this Agreement 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 Agreement.
I. WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN
WRITING
No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by duly authorized
representatives of the City of Yakima and the User Agency.
J. ASSIGNMENT
This Agreement may not be assigned by either party hereto without
the prior written consent of the other party.
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K. TIME IS OF THE ESSENCE
Time and the punctual performance of each and all of the terms,
provisions, and conditions of this Agreement are of the essence.
L. NON -WAIVER
The waiver by the User Agency or the City of the breach of any
provision of this Agreement by the other party shall not operate or be
construed as a waiver of any subsequent breach by either party or prevent
either party thereafter enforcing any such provision.
M. SURVIVAL
Any provision of this Agreement that imposes an obligation after
termination or expiration of this Agreement shall survive the term or
expiration of this agreement and shall be binding on the parties to this
Agreement.
N. WRITTEN NOTICE
All notices required by or sent under this Agreement shall be in
writing, shall be delivered personally to the recipient, or sent by means of
certified mail with full postage prepaid, return receipt requested. Any
written notice hereunder shall become effective as of the date of when
mailed or personally delivered. Notices to the City of Yakima shall be
delivered to the Yakima Communications Manager at 200 South 3rd Street,
Yakima, Washington 98901 and notices to the User Agency shall be
delivered to Yakima County Fire District #6, Fire Chief, 81 N. Gleed Road,
Yakima, WA 98908.
0. 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
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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.
P. GOVERNING LAW
This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
Q. VENUE
The venue .for any action to enforce or interpret this Agreement shall
lie in the Superior Court of Washington for Yakima County, Washington.
R. AUTHORITY
The person executing this Agreement 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 Agreement on its behalf
and to legally bind the User Agency to all the terms, performances and
provisions of this Agreement.
S. RECORDING OF AGREEMENT
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
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CITY OF YAKINIA
R. A. Zais, Jr., City Manager
Date: /,/6/09
ATTEST:
YAKIMA COUNTY FIRE DISTRICT 6
gtr).1.
Title:
Date:
y -,3-e)?
Contract No.
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APPENDIX A
CITY OF YAKIMA
INFORMATION SYSTEMS SERVICES AGREEMENT
Mobile Data System
Including; Mobile Client, AVL and Mapping
The City of Yakima shall provide:
1) An interface to the Computer Aided Dispatch System (CAD) to transfer the
incident data from CAD to the Mobile Data Radio system.
2) An agreement with Hitech Systems, Inc for maintenance of the Interface.
3) Licenses for Mobile Client, AVL and Mapping.
4) Annual Technical Services to ensure User Agency's equipment operates within
the parameters of the system providers. Does not include equipment repair or
parts replacement.
5) The in-house resources necessary to ensure the system continues to operate
within the limitations set forth by the system providers.
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CITY OF YAKIMA
INFORMATION SYSTEMS SERVICES AGREEMENT
THIS INFORMATION SYSTEMS SERVICES AGREEMENT (hereinafter
"Agreement"), is made and entered into by and between the CITY OF YAKIMA,
Washington, a municipal corporation (hereinafter "City"), and YAKIMA
COUNTY FIRE PROTECTION DISTRICT # 12, West Valley, a Washington fire
protection district, (hereinafter the "User Agency"). The purpose of this
Agreement is to define the scope of services contracted by the User Agency from
the City, set forth the compensation to be paid by the User Agency for such
services, and enumerate other related provisions that contribute to the mutual
benefit of the parties to this Agreement.
WITNESSETH
WHEREAS, the User Agency desires Information Systems Services as
described in the Appendix to this Agreement; and
WHEREAS, the City of Yakima possesses the necessary resources to provide the
Information Systems Services to the extent described in this Agreement and is
willing to do so according to the terms and conditions contained herein;
NOW, THEREFORE, in consideration of mutual promises contained herein
and the mutual benefits to be derived hereunder, the parties agree as follows:
A. THE CITY OF YAKIMA WILL:
1. Implement and maintain the services described in the Appendix to
this Agreement.
2. Give the User Agency at least seven (7) days' advance written notice
of any change in operation, computer hardware, or software that may
foreseeably adversely affect the User Agency, excluding normal
upgrades of the operating system or software and excluding
emergency operational requirements.
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3 Use a reasonable standard of care to insure the security of User
Agency data, which shall be no less than the precautions the City of
Yakima uses to protect its own confidential information.
B. THE USER AGENCY WILL:
1. Provide and maintain any additional computer hardware and/or
software necessary for the operation the system(s) described in the
Appendix beyond the hardware explicitly provided by the City of
Yakima pursuant to this Agreement. All such equipment and/or
software must be approved by the City of Yakima prior to connection
to the system, which approval will not be unreasonably withheld.
2. Provide any hardware deemed necessary by the City of Yakima to
protect the City of Yakima's computer equipment from potential
damage caused by the User Agency's hardware.
3. Provide security for criminal record information and/or private,
personal, or confidential information contained in the services being
provided.
C. EFFECTIVE DATE & TERMINATION
1. The effective date of this Agreement is January 1, 2010. This
Agreement shall continue in duration until terminated by either party
in accordance with Section C(2) of this Agreement.
2. This Agreement may be terminated by either party, with or without
cause, by giving written notice to the other party at least sixty (60)
days in advance of the intended date of termination.
D. CHARGES & BILLING
1. Annual Payment. The User Agency shall be billed during the first
quarter of each calendar year for services during year. The User
Agency shall pay for each year's billing for services within sixty (60)
days after billing by Yakima. Payment shall be made to Yakima City
Treasurer, 129 North 21'd Street, Yakima, Washington.
2. Prior to October 1st of each year during the term of this Agreement,
the City shall provide notice in writing to the User Agency of the fee
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that will be charged during the subsequent year for the services
identified in the Appendix.
3. The User Agency may request additional services beyond those
described in the Appendix. In such event, the City Manager (or his
designee) is authorized to negotiate a mutually agreeable sum for
such additional services. A description of the additional services and
consideration shall be reduced to writing in a document signed by the
parties. This document shall be made an addendum to this
Agreement.
E. LIABILITY OF THE CITY OF YAKIMA
The City of 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 Agreement.
F. INDEMNIFICATION/PROMISE NOT TO SUE
1. The User Agency agrees to hold harmless, indemnify, protect, and
defend the City, 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
Agreement.
2. In the event that the officials, officers, agents, and/or employees of
both the City 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).
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3. Nothing contained in this Section or this Agreement shall be
construed to create a liability or right of indemnification in any third
party.
G. TERMS TO BE EXCLUSIVE
The entire agreement between the parties with respect to the subject matter
hereunder is contained in this Agreement. In the event the User Agency
issues a purchase order, memorandum, specifications, or other instrument
covering the services herein provided, such purchase order, memorandum,
specifications, or instrument is for the User Agency's internal purposes only
and any and all items and conditions contained therein, whether printed or
written, shall be of no force or effect. Except as herein expressly provided to
the contrary, the provisions of this Agreement are for the benefit of the
parties hereto solely and not for the benefit of any other person, persons, or
legal entities.
H. REPRESENTATIONS & WARRANTIES
1. The User Agency acknowledges that it has not been induced to enter
into this Agreement 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 Agreement.
I. WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN
WRITING
No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by duly authorized
representatives of the City of Yakima and the User Agency.
J. ASSIGNMENT
This Agreement may not be assigned by either party hereto without
the prior written consent of the other party.
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K. TIME IS OF THE ESSENCE
Time and the punctual performance of each and all of the terms,
provisions, and conditions of this Agreement are of the essence.
L. NON -WAIVER
The waiver by the User Agency or the City of the breach of any
provision of this Agreement by the other party shall not operate or be
construed as a waiver of any subsequent breach by either party or prevent
either party thereafter enforcing any such provision.
M. SURVIVAL
Any provision of this Agreement that imposes an obligation after
termination or expiration of this Agreement shall survive the term or
expiration of this agreement and shall be binding on the parties to this
Agreement.
N. WRITTEN NOTICE
All notices required by or sent under this Agreement shall be in
writing, shall be delivered personally to the recipient, or sent by means of
certified mail with full postage prepaid, return receipt requested. Any
written notice hereunder shall become effective as of the date of when
mailed or personally delivered. Notices to the City of Yakima shall be
delivered to the Yakima Communications Manager at 200 South 3rd Street,
Yakima, Washington 98901 and notices to the User Agency shall be
delivered to Yakima County Fire District #12, Fire Chief, 10000 Zier Road,
Yakima, WA 98908.
O. 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 prqvision of this Agreement is in direct conflict with any
statutory provision of the State of Washington, that provision which
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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.
P. GOVERNING LAW
This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
Q. VENUE
The venue for any action to enforce or interpret this Agreement shall
lie in the Superior Court of Washington for Yakima County, Washington.
R. AUTHORITY
The person executing this Agreement 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 Agreement on its behalf
and to legally bind the User Agency to all the terms, performances and
provisions of this Agreement.
S. RECORDING OF AGREEMENT
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
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CITY OF YAKIMA
R. A. Zais, Jr., City Manager
Date: ///.57o 9
ATTEST:
YAKIMA COUN Y FIRE DISTRICT 12
\'•
Title:
Date:
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APPENDIX A
CII'Y OF YAKIMA
INFORMATION SYSTEMS SERVICES AGREEMENT
Mobile Data System
Including; Mobile Client, AVL and Mapping
The City of Yakima shall provide:
1) An interface to the Computer Aided Dispatch System (CAD) to transfer the
incident data from CAD to the Mobile Data Radio system.
2) An agreement with Hitech Systems, Inc for maintenance of the Interface.
3) Licenses for Mobile Client, AVL and Mapping.
4) Annual Technical Services to ensure User Agency's equipment operates within
the parameters of the system providers. Does not include equipment repair of
parts replacement.
5) The in-house resources necessary to ensure the system continues to operate
within the limitations set forth by the system providers.
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Fire Communications Service Contract
FIRE COMMUNICATIONS SERVICES CONTRACT
THIS FIRE COMMUNICATIONS SERVICES CONTRACT,
(hereafter the "Contract") is made and entered into by and between
the City of Yakima (hereinafter "Yakima") and the Cities of Union
Gap and Selah (hereinafter the "Cities"), and Yakima County Fire
Protection Districts No.'s 1,2,3,4,6,9,12, and 14 (hereinafter
collectively referred to as the "Districts").
WITNESSETH
WHEREAS, Yakima has heretofore provided dispatching
services to the Cities and the Districts for the handling and
processing of fire, alarm, and emergency calls.
WHEREAS, Yakima, the Cities, and the Districts desire to
enter into a new contract for the continuation of such services.
NOW, THEREFORE, pursuant to RCW 39.34 and the mutual
covenants, promises, and agreements set forth herein, it is agreed by
and between Yakima, the Cities, and the Districts as follows:
1. Yakima Communications Center. Yakima shall continue to
operate a central facility to be known as the Yakima
Communication$ Center within the City of Yakima and shall use
the same for the purpose of receiving fire and emergency service
calls from the respective areas served by all of the parties hereto,
and shall dispatch fire apparatus of the appropriate party in answer
to any such fire or emergency calls and for the purpose of
receiving and transmitting mutual aid calls among the various
parties hereto and for other related business.
2. Authority of Dispatch Center. It is agreed that the duty of
operating the Yakima Communications Center and the complete
management thereof is vested in Yakima and that Yakima shall
have the full, complete, and exclusive authority to operate and
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Fire Communications Service Contract
manage such Yakima Communications Center, including, but not
limited to, the authority to hire and fire employees for such office.
3. Expense of Maintenance and Operation. The expense of
continued maintenance and operation of the Yakima
Communication Center, including the expense of operating all
telephone lines terminating at the Yakima Communications Center,
and including the maintenance of equipment located within the
Yakima Communications Center belonging to the Districts and/or
Cities, shall be borne by Yakima.
4. Term of Contract. This Contract is for a term of three (3)
calendar years commencing January 1, 2010 and terminating at
midnight on December 31, 2012.
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 2009 of Thirty -Eight dollars and
Sixteen cents ($38.16). 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 2010 — increase 2% - $38.92
Contract Year 2011— increase 4% - $40.48
Contract Year 2012 — increase 4% - $42.10
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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 the month of August of the
preceding year to the billing year, the cost for dispatch services for
the following year based on the previous calendar year's alarm calls
handled by Yakima for each District and the Cities of Union Gap and
Selah, times the cost per run rate applicable for the respective year.
6. Payment for Alarm Calls. Each District and each of the Cities shall
be billed in January of each year for dispatch services during that
calendar year. Each District and each of the Cities shall pay for each
year's billing for alarm services within ninety (90) days after billing
by Yakima. Payment shall be made to Yakima City Treasurer, 129
North 2nd Street, Yakima, Washington.
7. Definition of Alarm Calls. A call to be charged for under the
terms of this Contract is defined as follows:
A. An alarm call is defined as: a call requiring the dispatch of
equipment from any of the Districts or the Cities. Any number
of vehicles from the responsible Districts or Cities may answer
any such alarm call. All communications dealing with such
alarm call shall be deemed as (1) alarm call.
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 — 2010-2012
7/2812009 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.
FD Dispatch Contract — 2010-2012
7/28/2009 5 of 7
Fire Communications Service Contract
16. REPRESENTATIONS & WARRANTIES
1. The Districts and Cities acknowledges that it has not been
induced to enter into this Contract by any representation or
statements, oral or written, not expressly contained herein or
expressly incorporated by reference.
2. The City of Yakima makes no representations, warranties, or
guaranties, express or implied, other than the express
representations, warranties, and guaranties contained in this
Contract.
17. Governing Law. This contract shall be governed by and construed in
accordance with the laws of the State of Washington.
18. Venue. The venue for any action to enforce or interrupt this Contract
shall lie in the Superior Court of Washington for Yakima County
Washington.
19. Signature, It is agreed that this Contract may be signed by each
District separately and the signatures of all Districts and Cities need
not be placed on a single document. The person executing this
Contract on behalf of the District or City represents and warrants that
he or she has been fully authorized by the governing body of the
District or City to execute this Contract on its behalf and to legally
bind the Districts and Cities to all the terms, performances and
provisions of this Contract.
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
FD Dispatch Contract — 2010-2012
7/28/2009 6 of 7
Fire Communications Service Contract
IN WITNESS WHEREOF, the parties have set their hands and
seals.
CITY OF YAKIMA
YAKIMA COUNTY FIRE DISTRICT
NO. 1
ATTEST:
CITY CONTRAC f No.,, -"?‘70 9,03
R--2,09-/
RESOLUTION NO' 9
FD Dispatch Contract — 2010-2012 7 of 7
7/28/2009
Ch ir, Fire Commissioners
ATTEST:
Secretary/Treasurer
DATED:
Fire Communications Service Contract
FIRE COMMUNICATIONS SERVICES CONTRACT
THIS FIRE COMMUNICATIONS SERVICES CONTRACT,
(hereafter the "Contract") is made and entered into by and between
the City of Yakima (hereinafter "Yakima") and the Cities of Union
Gap and Selah (hereinafter the "Cities"), and Yakima County Fire
Protection Districts No.'s 1,2,3,4,6,9,12, and 14 (hereinafter
collectively referred to as the "Districts").
WITNESSETH
WHEREAS, Yakima has heretofore provided dispatching
services to the Cities and the Districts for the handling and
processing of fire, alarm, and emergency calls.
WHEREAS, Yakima, the Cities, and the Districts desire to
enter into a new contract for the continuation of such services.
NOW, THEREFORE, pursuant to RCW 39.34 and the mutual
covenants, promises, and agreements set forth herein, it is agreed by
and between Yakima, the Cities, and the Districts as follows:
1. Yakima Communications Center. Yakima shall continue to
operate a central facility to be known as the Yakima
Communication Center within the City of Yakima and shall use
the same for the purpose of receiving fire and emergency service
calls from the respective areas served by all of the parties hereto,
and shall dispatch fire apparatus of the appropriate party in answer
to any such fire or emergency calls and for the purpose of
receiving and transmitting mutual aid calls among the various
parties hereto and for other related business.
2. Authority of Dispatch Center. It is agreed that the duty of
operating the Yakima Communications Center and the complete
management thereof is vested in Yakima and that Yakima shall
have the full, complete, and exclusive authority to operate and
FD Dispatch Contract — 2010-2012
7/28/2009 1 of 7
Fire Communications Service Contract
manage such Yakima Communications Center, including, but not
limited to, the authority to hire and fire employees for such office.
3. Expense of Maintenance and Operation. The expense of
continued maintenance and operation of the Yakima
Communication Center, including the expense of operating all
telephone lines terminating at the Yakima Communications Center,
and including the maintenance of equipment located within the
Yakima Communications Center belonging to the Districts and/or
Cities, shall be borne by Yakima.
4. Term of Contract. This Contract is for a term of three (3)
calendar years commencing January 1, 2010 and terminating at
midnight on December 31, 2012.
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 2009 of Thirty -Eight dollars and
Sixteen cents ($38.16). 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 2010 — increase 2% - $38.92
Contract Year 2011— increase 4% - $40.48
Contract Year 2012 — increase 4% - $42.10
FD Dispatch Contract — 2010-2012
7/28/2009 2 of 7
Fire Communications Service Contract
To accommodate each district and each of the cities' budget cycle
Yakima shall provide, in writing by the month of August of the
preceding year to the billing year, the cost for dispatch services for
the following year based on the previous calendar year's alarm calls
handled by Yakima for each District and the Cities of Union Gap and
Selah, times the cost per run rate applicable for the respective year.
6. Payment for Alarm Calls. Each District and each of the Cities shall
be billed in January of each year for dispatch services during that
calendar year. Each District and each of the Cities shall pay for each
year's billing for alarm services within ninety (90) days after billing
by Yakima. Payment shall be made to Yakima _City Treasurer, 129
North 2nd Street, Yakima, Washington.
7. Definition of Alarm Calls. A call to be charged for under the
terms of this Contract is defined as follows:
A. An alarm call is defined as: a call requiring the dispatch of
equipment from any of the Districts or the Cities. Any number
of vehicles from the responsible Districts or Cities may answer
any such alarm pall. 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 — 2010-2012
7/28/2009 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. INDEMNIFICA'TION/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 — 2010-2012
7/28/2009 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.
FD Dispatch Contract — 2010-2012
7/28/2009 5 of 7
Fire Communications Service Contract
16. REPRESENTATIONS & WARRANTIES
1. The Districts and Cities acknowledges that it has not been
induced to enter into this Contract by any representation or
statements, oral or written, not expressly contained herein or
expressly incorporated by reference.
2. The City of Yakima makes no representations, warranties, or
guaranties, express or implied, other than the express
representations, warranties, and guaranties contained in this
Contract.
17. Governing Law. This contract shall be governed by and construed in
accordance with the laws of the State of Washington.
18. Venue. The venue for any action to enforce or interrupt this Contract
shall lie in the 'Superior Court of Washington for Yakima County
Washington.
19. Signature, It is agreed that this Contract may be signed by each
District separately and the signatures of all Districts and Cities need
not be placed on a single document. The person executing this
Contract on behalf of the District or City represents and warrants that
he or she has been fully authorized by the governing body of the
District or City to execute this Contract on its behalf and to legally
bind the Districts and Cities to all the terms, performances and
provisions of this Contract.
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
FD Dispatch Contract — 2010-2012
7/28/2009 6 of 7
Fire Communications Service Contract
IN WITNESS WHEREOF, the parties have set their hands and
seals.
CITY OF YAKIMA YAKIMA COUNTY FIRE DISTRICT
NO. 2
By:
ATTEST:
City1Ianager
/1/5109
CITY CONTRAC ( NO:79O9 /33
RESOLUTION NO D - e/9 /Y(„
FD Dispatch Contract — 2010-2012 7 of 7
7/28/2009
By: CL/1L^-''
Chair, Fi ,Commissioners
ATTEST:
Secretary/Treasurer
DATED:
9/0/9
3
Fire Communications Service Contract
FIRE •COMMUNICATIONS SERVICES CONTRACT
THIS FIRE COMMUNICATIONS SERVICES CONTRACT,
(hereafter the "Contract") is made and entered into by and between
the City of Yakima (hereinafter "Yakima") and the Cities of Union
Gap and Selah (hereinafter the "Cities"), and Yakima County Fire
Protection Districts No.'s 1,2,3,4,6,9,12, and 14 (hereinafter
collectively referred to as the "Districts").
WITNESSETH
WHEREAS, Yakima has heretofore provided dispatching
services to the Cities and the Districts for the handling and
processing of fire, alarm, and emergency calls.
WHEREAS, Yakima, the Cities, and the Districts desire to
enter into a new contract for the continuation of such services.
NOW, THEREFORE, pursuant to RCW 39.34 and the mutual
covenants, promises, and agreements set forth herein, it is agreed by
and between Yakima, the Cities, and the Districts as follows:
1 Yakima Communications Center. Yakima shall continue to
operate a central facility to be known as the Yakima
Communications Center within the City of Yakima and shall use
the same for the purpose of receiving fire and emergency service
calls from the respective areas served by all of the parties hereto,
and shall dispatch fire apparatus of the appropriate party in answer
to any such fire or emergency calls and for the purpose of
receiving and transmitting mutual aid calls among the various
parties hereto and for other related business.
2. Authority of Dispatch Center. It is agreed that the duty of
operating the Yakima Communications Center and the complete
management thereof is vested in Yakima and that Yakima shall
have the full, complete, and exclusive authority to operate and
FD Dispatch Contract — 2010-2012
7/28/2009 1 of 7
Fire Communications Service Contract
manage such Yakima Communications Center, including, but not
limited to, the authority to hire and fire employees for such office.
3. Expense of Maintenance and Operation. The expense of
continued maintenance and operation of the Yakima
Communication $ Center, including the expense of operating all
telephone lines terminating at the Yakima Communications Center,
and including the maintenance of equipment located within the
Yakima Communications Center belonging to the Districts and/or
Cities, shall be borne by Yakima.
4. Term of Contract. This Contract is for a term of three (3)
calendar years commencing January 1, 2010 and terminating at
midnight on December 31, 2012.
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 2009 of Thirty -Eight dollars and
Sixteen cents ($38.16). 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 2010 — increase 2% - $38.92
Contract Year 2011— increase 4% - $40.48
Contract Year 2012 — increase 4% - $42.10
FD Dispatch Contract — 2010.2012
7/28/2009 2 of 7
Fire Communications Service Contract
To accommodate each district and each of the cities' budget cycle
Yakima shall provide, in writing by the month of August of the
preceding year tp the billing year, the cost for dispatch services for
the following year based on the previous calendar year's alarm calls
handled by Yakima for each District and the Cities of Union Gap and
Selah, times the cost per run rate applicable for the respective year.
6. Payment for Alarm Calls. Each District and each of the Cities shall
be billed in January of each year for dispatch services during that
calendar year. Each District and each of the Cities shall pay for each
year's billing for alarm services within ninety (90) days after billing
by Yakima. Payment shall be made to Yakima City Treasurer, 129
North 2nd Street, Yakima, Washington.
7 Definition of Alarm Calls. A call to be charged for under the
terms of this Contract is defined as follows:
A. An alarm call is defined as: a call requiring the dispatch of
equipment from any of the Districts or the Cities. Any number
of vehicles from the responsible Districts or Cities may answer
any such alarm call. All communications dealing with such
alarm call shall be deemed as (1) alarm call.
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 — 2010-2012
7/28/2009 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 — 2010-2012
7/28/2009 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.
FD Dispatch Contract — 2010-2012
7/28/2009 5 of 7
Fire Communications Service Contract
16. REPRESENTATIONS & WARRANTIES
1. The Districts and Cities acknowledges that it has not been
induced to enter into this Contract by any representation or
statements, oral or written, not expressly contained herein or
expressly incorporated by reference.
2. The City of Yakima makes no representations, warranties, or
guaranties, express or implied, other than the express
representations, warranties, and guaranties contained in this
Contract.
17. Governing Law. This contract shall be governed by and construed in
accordance with the laws of the State of Washington.
18. Venue. The venue for any action to enforce or interrupt this Contract
shall lie in the Superior Court of Washington for Yakima County
Washington.
19. Signature, It is agreed that this Contract may be signed by each
District separately and the signatures of all Districts and Cities need
not be placed on a single document. The person executing this
Contract on behalf of the District or City represents and warrants that
he or she has been fully authorized by the governing body of the
District or City to execute this Contract on its behalf and to legally
bind the Districts and Cities to all the terms, performances and
provisions of this Contract.
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
FD Dispatch Contract— 2010-2012
7/28/2009 6 of 7
Fire Communications Service Contract
IN WITNESS WHEREOF, the parties have set their hands and
seals.
CITY OF YAKIMA YAKIMA COUNTY FIRE DISTRICT
NO. 3
By: �� —6•
ATTEST:
City Manager
DATED:
///So 9
J
CITY CONTRAC r NO:an:2 9 `,
RESOLUTION NO o?OD9-I5/4,
FD Dispatch Contract — 2010-2012 7 of 7
7/28/2009
B
Chair, Fire Commi'io ers
ATTEST:
Secretary/Treasurer
DATED:
2ooq-1 3 3
Fire Communications Service Contract
FIRE COMMUNICATIONS SERVICES CONTRACT
THIS FIRE COMMUNICATIONS SERVICES CONTRACT,
(hereafter the "Contract") is made and entered into by and between
the City of Yakima (hereinafter "Yakima") and the Cities of Union
Gap and Selah (hereinafter the "Cities"), and Yakima County Fire
Protection Districts No.'s 1,2,3,4,6,9,12, and 14 (hereinafter
collectively referred to as the "Districts").
WITNESSETH
WHEREAS, Yakima has heretofore provided dispatching
services to the Cities and the Districts for the handling and
processing of fire, alarm, and emergency calls.
WHEREAS, Yakima, the Cities, and the Districts desire to
enter into a new contract for the continuation of such services.
NOW, THEREFORE, pursuant to RCW 39.34 and the mutual
covenants, promises, and agreements set forth herein, it is agreed by
and between Yakima, the Cities, and the Districts as follows:
1. Yakima Communications Center. Yakima shall continue to
operate a central facility to be known as the Yakima
Communications Center within the City of Yakima and shall use
the same for the purpose of receiving fire and emergency service
calls from the respective areas served by all of the parties hereto,
and shall dispatch fire apparatus of the appropriate party in answer
to any such fire or emergency calls and for the purpose of
receiving and transmitting mutual aid calls among the various
parties hereto and for other related business.
2. Authority of Dispatch Center. It is agreed that the duty of
operating the Yakima Communications Center and the complete
management thereof is vested in Yakima and that Yakima shall
have the full, complete, and exclusive authority to operate and
FD Dispatch Contract — 2010-2012
7/28/2009 1 of 7
Fire Communications Service Contract
manage such Yakima Communications Center, including, but not
limited to, the authority to hire and fire employees for such office.
3. Expense of Maintenance and Operation. The expense of
continued maintenance and operation of the Yakima
Communication Center, including the expense of operating all
telephone lines terminating at the Yakima Communications Center,
and including the maintenance of equipment located within the
Yakima Communications Center belonging to the Districts and/or
Cities, shall be borne by Yakima.
4. Term of Contract. This Contract is for a term of three (3)
calendar years commencing January 1, 2010 and terminating at
midnight on December 31, 2012.
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 2009 of Thirty -Eight dollars and
Sixteen cents ($38.16). 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 2010 — increase 2% - $38.92
Contract Year 2011— increase 4% - $40.48
Contract Year 2012 — increase 4% - $42.10
FD Dispatch Contract — 2010-2012
7/28/2009 2 of 7
Fire Communications Service Contract
To accommodate each district and each of the cities' budget cycle
Yakima shall provide, in writing by the month of August of the
preceding year to the billing year, the cost for dispatch services for
the following year based on the previous calendar year's alarm calls
handled by Yakima for each District and the Cities of Union Gap and
Selah, times the cost per run rate applicable for the respective year.
6. Payment for Alarm Calls. Each District and each of the Cities shall
be billed in January of each year for dispatch services during that
calendar year. Each District and each of the Cities shall pay for each
year's billing for alarm services within ninety (90) days after billing
by Yakima. Payment shall be made to Yakima City Treasurer, 129
North 2nd Street, Yakima, Washington.
7 Definition of Alarm Calls. A call to be charged for under the
terms of this Contract is defined as follows:
A. An alarm call is defined as: a call requiring the dispatch of
equipment from any of the Districts or the Cities. Any number
of vehicles from the responsible Districts or Cities may answer
any such alarm pall. 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 (6b) 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 — 2010-2012
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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 — 2010-2012
7/28/2009 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.
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Fire Communications Service Contract
16. REPRESENTATIONS & WARRANTIES
1. The Districts and Cities acknowledges that it has not been
induced to enter into this Contract by any representation or
statements, oral or written, not expressly contained herein or
expressly incorporated by reference.
2. The City of Yakima makes no representations, warranties, or
guaranties, express or implied, other than the express
representations, warranties, and guaranties contained in this
Contract.
17. Governing Law. This contract shall be governed by and construed in
accordance with the laws of the State of Washington.
18. Venue. The venue for any action to enforce or interrupt this Contract
shall lie in the Superior Court of Washington for Yakima County
Washington.
19. Signature, It is agreed that this Contract may be signed by each
District separately and the signatures of all Districts and Cities need
not be placed on a single document. The person executing this
Contract on behalf of the District or City represents and warrants that
he or she has been fully authorized by the governing body of the
District or City to execute this Contract on its behalf and to legally
bind the Districts and Cities to all the terms, performances and
provisions of this Contract.
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
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7/28/2009 6 of 7
Fire Communications Service Contract
IN WITNESS WHEREOF, the parties have set their hands and
seals.
CITY OF YAKIMA YAKIMA COUNTY FIRE DISTRICT
NO. 4
By: '\ ✓
ATTEST:
City ager
B
ATTEST:
DATED:
1)- Z2 -o9
CITY CONTRt C f NO: 2nd/ % —./.3
RESOLUTION NO ia/%4994:p
FD Dispatch Contract — 2010-2012 7 of 7
7/28/2009
air, Fire Commissioners
t L
Secretary/Tr:. surer
DATED:
D 9r
Fire Communications Service Contract
FIRE COMMUNICATIONS SERVICES CONTRACT
THIS FIRE COMMUNICATIONS SERVICES CONTRACT,
(hereafter the "Contract") is made and entered into by and between
the City of Yakima (hereinafter "Yakima") and the Cities of Union
Gap and Selah (hereinafter the "Cities"), and Yakima County Fire
Protection Districts No.'s 1,2,3,4,6,9,12, and 14 (hereinafter
collectively referred to as the "Districts").
WITNESSETH
WHEREAS, Yakima has heretofore provided dispatching
services to the Cities and the Districts for the handling and
processing of fire, alarm, and emergency calls.
WHEREAS, Yakima, the Cities, and the Districts desire to
enter into a new contract for the continuation of such services.
NOW, THEREFORE, pursuant to RCW 39.34 and the mutual
covenants, promises, and agreements set forth herein, it is agreed by
and between Yakima, the Cities, and the Districts as follows:
1. Yakima Communications Center. Yakima shall continue to
operate a central facility to be known as the Yakima
Communications Center within the City of Yakima and shall use
the same for the purpose of receiving fire and emergency service
calls from the respective areas served by all of the parties hereto,
and shall dispatch fire apparatus of the appropriate party in answer
to any such fire or emergency calls and for the purpose of
receiving and transmitting mutual aid calls among the various
parties hereto and for other related business.
2. Authority of Dispatch Center. It is agreed that the duty of
operating the Yakima Communications Center and the complete
management thereof is vested in Yakima and that Yakima shall
have the full, complete, and exclusive authority to operate and
FD Dispatch Contract — 2010-2012
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Fire Communications Service Contract
manage such Yakima Communications Center, including, but not
limited to, the authority to hire and fire employees for such office.
3. Expense of Maintenance and Operation. The expense of
continued maintenance and operation of the Yakima
Communications Center, including the expense of operating all
telephone lines terminating at the Yakima Communications Center,
and including the maintenance of equipment located within the
Yakima Communications Center belonging to the Districts and/or
Cities, shall be borne by Yakima.
4. Term of Contract. This Contract is for a term of three (3)
calendar years commencing January 1, 2010 and terminating at
midnight on December 31, 2012.
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 dispatc-liing 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 2009 of Thirty -Eight dollars and
Sixteen cents ($38.16). 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 2010 — increase 2% - $38.92
Contract Year 2011— increase 4% - $40.48
Contract Year 2012 — increase 4% - $42.10
FD Dispatch Contract — 2010-2012
7/28/2009 2 of 7
Fire Communications Service Contract
To accommodate each district and each of the cities' budget cycle
Yakima shall provide, in writing by the month of August of the
preceding year tp the billing year, the cost for dispatch services for
the following year based on the previous calendar year's alarm calls
handled by Yakima for each District and the Cities of Union Gap and
Selah, times the cost per run rate applicable for the respective year.
6. Payment for Alarm -Calls. Each District and each of the Cities shall
be billed in January of each year for dispatch services during that
calendar year. Each District and each of the Cities shall pay for each
year's billing for alarm services within ninety (90) days after billing
by Yakima. Payment shall be made to Yakima City Treasurer, 129
North 2nd Street, Yakima, Washington.
7. Definition of Alarm Calls. A call to be charged for under the
terms of this Contract is defined as follows:
A. An alarm can 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 — 2010-2012
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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 — 2010-2012
7/28/2009 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.
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Fire Communications Service Contract
16. REPRESENTATIONS & WARRANTIES
1. The Districts and Cities acknowledges that it has not been
induced to enter into this Contract by any representation or
statements, oral or written, not expressly contained herein or
expressly incorporated by reference.
2. The City of Yakima makes no representations, warranties, or
guaranties, express or implied, other than the express
representations, warranties, and guaranties contained in this
Contract.
17. Governing Law. This contract shall be governed by and construed in
accordance with the laws of the State of Washington.
18. Venue. The venue for any action to enforce or interrupt this Contract
shall lie in the Superior Court of Washington for Yakima County
Washington.
19. Signature, It is agreed that this Contract may be signed by each
District separately and the signatures of all Districts and Cities need
not be placed on a single document. The person executing this
Contract on behalf of the District or City represents and warrants that
he or she has been fully authorized by the governing body of the
District or City to execute this Contract on its behalf and to legally
bind the Districts and Cities to all the terms, performances and
provisions of this Contract.
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
FD Dispatch Contract — 2010-2012
7/28/2009 6 of 7
Fire Communications Service Contract
IN WITNESS WHEREOF, the parties have set their hands and
seals.
CITY OF YAKIMA YAKIMA COUNTY FIRE DISTRICT
NO. 6
By: B
City anager it Fire Commissioners
ATTEST:
ATTEST:
Secretary/Treasurer
DATED: ',,� ..— . DATED:
CITY CONTRAC f NO: 9`
RESOLUTION NO' -700 9-/.
7 /
FD Dispatch Contract — 2010-2012 7 of 7
7/28/2009
Fire Communications Service Contract
FIRE COMMUNICATIONS SERVICES CONTRACT
THIS FIRE COMMUNICATIONS SERVICES CONTRACT,
(hereafter the "Contract") is made and entered into by and between
the City of Yakima (hereinafter "Yakima") and the Cities of Union
Gap and Selah (hereinafter the "Cities"), and Yakima County Fire
Protection Districts No.'s 1,2,3,4,6,9,12, and 14 (hereinafter
collectively referred to as the "Districts").
WITNESSETH
WHEREAS, Yakima has heretofore provided dispatching
services to the Cities and the Districts for the handling and
processing of fire, alarm, and emergency calls.
WHEREAS, Yakima, the Cities, and the Districts desire to
enter into a new contract for the continuation of such services.
NOW, THEREFORE, pursuant to RCW 39.34 and the mutual
covenants, promises, and agreements set forth herein, it is agreed by
and between Yakima, the Cities, and the Districts as follows:
1. Yakima Communications Center. Yakima shall continue to
operate a central facility to be known as the Yakima
Communications Center within the City of Yakima and shall use
the same for the purpose of receiving fire and emergency service
calls from the respective areas served by all of the parties hereto,
and shall dispatch fire apparatus of the appropriate party in answer
to any such fire or emergency calls and for the purpose of
receiving and transmitting mutual aid calls among the various
parties hereto and for other related business.
2. Authority of Dispatch Center. It is agreed that the duty of
operating_ the Yakima Communications _Center and the complete
management thereof is vested in Yakima and that Yakima shall
have the full, complete, and exclusive authority to operate and
FD Dispatch Contract — 2010-2012
7/28/2009 1 of 7
Fire Communications Service Contract
manage such Yakima Communications Center, including, but not
limited to, the authority to hire and fire employees for such office.
3. Expense of Maintenance and Operation. The expense of
continued maintenance and operation of the Yakima
Communications Center, including the expense of operating all
telephone lines terminating at the Yakima Communications Center,
and including the maintenance of equipment located within the
Yakima Communications Center belonging to the Districts and/or
Cities, shall be borne by Yakima.
4. Term of Contract. This Contract is for a term of three (3)
calendar years commencing January 1, 2010 and terminating at
midnight on December 31, 2012.
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 2009 of Thirty -Eight dollars and
Sixteen cents ($38.16). 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 2010 — increase 2% - '$38.92
Contract Year 2011— increase 4% - $40.48
=Contract Year 2012 ---increase 4% - $42.10
FD Dispatch Contract — 2010-2012
7/28/2009 2 of 7
Fire Communications Service Contract
To accommodate each district and each of the cities' budget cycle
Yakima shall provide, in writing by the month of August of the
preceding year to the billing year, the cost for dispatch services for
the following year based on the previous calendar year's alarm calls
handled by Yakima for each District and the Cities of Union Gap and
Selah, times the cost per run rate applicable for the respective year.
6. Payment for Alarm Calls. Each District and each of the Cities shall
be billed in January of each year for dispatch services during that
calendar year. Each District and each of the Cities shall pay for each
year's billing for alarm services within ninety (90) days after billing
by Yakima. Payment shall be made to Yakima City Treasurer, 129
North 2nd Street, Yakima, Washington.
7 Definition of Alarm Calls. A call to be charged for under the
terms of this Contract is defined as follows:
A. An alarm call is defined as: a call requiring the dispatch of
equipment from any of the Districts or the Cities. Any number
of vehicles from the responsible Districts or Cities may answer
any such alarm call. All communications dealing with such
alarm call shall be deemed as (1) alarm call.
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
-C-ities;-its elected official -s, -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 — 2010-2012
7/28/2009 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 — 2010-2012
7/28/2009 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.
FD Dispatch Contract — 2010-2012
7/28/2009 5 of 7
Fire Communications Service Contract
16. REPRESENTATIONS & WARRANTIES
1. The Districts and Cities acknowledges that it has not been
induced to enter into this Contract by any representation or
statements, oral or written, not expressly contained herein or
expressly incorporated by reference.
2. The City of Yakima makes no representations, warranties, or
guaranties, express or implied, other than the express
representations, warranties, and guaranties contained in this
Contract.
17. Governing Law. This contract shall be governed by and construed in
accordance with the laws of the State of Washington.
18. Venue. The venue for any action to enforce or interrupt this Contract
shall lie in the Superior Court of Washington for Yakima County
Washington.
19. Signature. It is agreed that this Contract may be signed by each
District separately and the signatures of all Districts and Cities need
not be placed on a single document. The person executing this
Contract on behalf of the District or City represents and warrants that
he or she has been fully authorized by the governing body of the
District or City to execute this Contract on its behalf and to legally
bind the Districts and Cities to all the terms, performances and
provisions of this Contract.
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
FD Dispatch Contract — 2010-2012
7/28/2009 6 of 7
Fire Communications Service Contract
IN WITNESS WHEREOF, the parties have set their hands and
seals.
CITY OF YAKIMA YAKIMA COUNTY FIRE DISTRICT
NO. 9
City anager
ATTEST:
DATED:
lI/ /67/09
CITY CONTRAC r NO: ;Int,
RESOLUTION NO: Q -o.70 '� y:/
FD Dispatch Contract — 2010-2012 7 of 7
7/28/2009
Chair, Fire Commissioners
ATTEST:
naLtt 162241
Secretary/Treasurer
DATED:
Fire Communications Service Contract
FIRE COMMUNICATIONS SERVICES CONTRACT
THIS FIRE COMMUNICATIONS SERVICES CONTRACT,
(hereafter the "Contract") is made and entered into by and between
the City of Yakima (hereinafter "Yakima") and the Cities of Union
Gap and Selah (hereinafter the "Cities"), and Yakima County Fire
Protection Districts No.'s 1,2,3,4,6,9,12, and 14 (hereinafter
collectively referred to as the "Districts").
WITNESSETH
WHEREAS, Yakima has heretofore provided dispatching
services to the Cities and the Districts for the handling and
processing of fire, alarm, and emergency calls.
WHEREAS, Yakima, the Cities, and the Districts desire to
enter into a new contract for the continuation of such services.
NOW, THEREFORE, pursuant to RCW 39.34 and the mutual
covenants, promises, and agreements set forth herein, it is agreed by
and between Yakima, the Cities, and the Districts as follows:
1 Yakima Communications Center. Yakima shall continue to
operate a central facility to be known as the Yakima
Communication Center within the City of Yakima and shall use
the same for the purpose of receiving fire and emergency service
calls from the respective areas served by all of the parties hereto,
and shall dispatch fire apparatus of the appropriate party in answer
to any such fire or emergency calls and for the purpose of
receiving and transmitting mutual aid calls among the various
parties hereto and for other related business.
2. Authority of Dispatch Center. It is agreed that the duty of
operating the Yakima Communications Center and the complete
management thereof is vested in Yakima and that Yakima shall
have the full, complete, and exclusive authority to operate and
FD Dispatch Contract — 2010-2012
7/28/2009
1 of 7
112
Fire Communications Service Contract
manage such Yakima Communications Center, including, but not
limited to, the authority to hire and fire employees for such office.
3. Expense of Maintenance and Operation. The expense of
continued maintenance and operation of the Yakima
Communication§ Center, including the expense of operating all
telephone lines terminating at the Yakima Communications Center,
and including the maintenance of equipment located within the
Yakima Communications Center belonging to the Districts and/or
Cities, shall be borne by Yakima.
4. Term of Contract. This Contract is for a term of three (3)
calendar years commencing January 1, 2010 and terminating at
midnight on December 31, 2012.
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 2009 of Thirty -Eight dollars and
Sixteen cents ($38.16). 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 2010 — increase 2% - $38.92
Contract Year 2011— increase 4% - $40.48
Contract Year 2012 — increase 4% - $42.10
FD Dispatch Contract — 2010.2012
7/28/2009 2 of 7
Fire Communications Service Contract
To accommodate each district and each of the cities' budget cycle
Yakima shall provide, in writing by the month of August of the
preceding year to the billing year, the cost for dispatch services for
the following year based on the previous calendar year's alarm calls
handled by Yakima for each District and the Cities of Union Gap and
Selah, times the cost per run rate applicable for the respective year.
6. Payment for Alarm Calls. Each District and each of the Cities shall
be billed in January of each year for dispatch services during that
calendar year. Each District and each of the Cities shall pay for each
year's billing for alarm services within ninety (90) days after billing
by Yakima. Payment shall be made to Yakima City Treasurer, 129
North 2nd Street, Yakima, Washington.
7. Definition of Alarm Calls. A call to be charged for under the
terms of this Contract is defined as follows:
A. An alarm call is defined as: a call requiring the dispatch of
equipment from any of the Districts or the Cities. Any number
of vehicles from the responsible Districts or Cities may answer
any such alarm Bail. 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 — 2010-2012
7128/2009 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 proceeding 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 — 2010-2012
7/28/2009 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.
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Fire Communications Service Contract
16. REPRESENTATIONS & WARRANTIES
1. The Districts and Cities acknowledges that it has not been
induced to enter into this Contract by any representation or
statements, oral or written, not expressly contained herein or
expressly incorporated by reference.
2. The City of Yakima makes no representations, warranties, or
guaranties, express or implied, other than the express
representations, warranties, and guaranties contained in this
Contract.
17. Governing Law. This contract shall be governed by and construed in
accordance with the laws of the State of Washington.
18. Venue. The venue for any action to enforce or interrupt this Contract
shall lie in the Superior Court of Washington for Yakima County
Washington.
19. Signature, It is agreed that this Contract may be signed by each
District separately and the signatures of all Districts and Cities need
not be placed on a single document. The person executing this
Contract on behalf of the District or City represents and warrants that
he or she has been fully authorized by the governing body of the
District or City to execute this Contract on its behalf and to legally
bind the Districts and Cities to all the terms, performances and
provisions of this Contract.
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
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Fire Communications Service Contract
IN WITNESS WHEREOF, the parties have set their hands
and seals.
CITY OF YAKIMA YAKIMA COUNTY FIRE DISTRICT
NO. 12
By: �c
ATTEST:
City M'tger
CITY CCNTRAC f NO: 00 9x.33
RESOLUTION NO: /t -aD09 /V�o
FD Dispatch Contract — 2010-2012 7 of 7
7/28/2009
Br
Chair, e Commissioners
ATTEST:
Secretary/Treasurer
DATED:
"Q ST I
Fire Communications Service Contract
FIRE COMMUNICATIONS SERVICES CONTRACT
THIS FIRE COMMUNICATIONS SERVICES CONTRACT,
(hereafter the "Contract") is made and entered into by and between
the City of Yakima (hereinafter "Yakima") and the Cities of Union
Gap and Selah (hereinafter the "Cities"), and Yakima County Fire
Protection Districts No.'s 1,2,3,4,6,9,12, and 14 (hereinafter
collectively referred to as the "Districts").
WITNESSETH
WHEREAS, Yakima has heretofore provided dispatching
services to the Cities and the Districts for the handling and
processing of fire, alarm, and emergency calls.
WHEREAS, Yakima, the Cities, and the Districts desire to
enter into a new contract for the continuation of such services.
NOW, THEREFORE, pursuant to RCW 39.34 and the mutual
covenants, promises, and agreements set forth herein, it is agreed by
and between Yakima, the Cities, and the Districts as follows:
1 Yakima Communications Center. Yakima shall continue to
operate a central facility to be known as the Yakima
Communication Center within the City of Yakima and shall use
the same for the purpose of receiving fire and emergency service
calls from the respective areas served by all of the parties hereto,
and shall dispatch fire apparatus of the appropriate party in answer
to any such fire or emergency calls and for the purpose of
receiving and transmitting mutual aid calls among the various
parties hereto and for other related business.
2. Authority of Dispatch Center. It is agreed that the duty of
operating the Yakima Communications Center and the complete
management thereof is vested in Yakima and that Yakima shall
have the full, complete, and exclusive authority to operate and
Attachment "A"
FD Dispatch Contract — 2010-2012
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Fire Communications Service Contract
manage such Yakima Communications Center, including, but not
limited to, the authority to hire and fire employees for such office.
3. Expense of Maintenance and Operation. The expense of
continued maintenance and operation of the Yakima
Communications Center, including the expense of operating all
telephone lines terminating at the Yakima Communications Center,
and including the maintenance of equipment located within the
Yakima Communications Center belonging to the Districts and/or
Cities, shall be borne by Yakima.
4. Term of Contract. This Contract is for a term of three (3)
calendar years commencing January 1, 2010 and terminating at
midnight on December 31, 2012.
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 2009 of Thirty -Eight dollars and
Sixteen cents ($38.16). 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 2010 — increase 2% - $38.92
Contract Year 2011— increase 4% - $40.48
Contract Year 2012 — increase 4% - $42.10
•
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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 the month of August of the
preceding year tp the billing year, the cost for dispatch services for
the following year based on the previous calendar year's alarm calls
handled by Yakima for each District and the Cities of Union Gap and
Selah, times the cost per run rate applicable for the respective year.
6. Payment for Alarm Calls. Each District and each of the Cities shall
be billed in January of each year for dispatch services during that
calendar year. Each District and each of the Cities shall pay for each
year's billing for alarm services within ninety (90) days after billing
by Yakima. Payment shall be made to Yakima City Treasurer, 129
North 2nd Street, Yakima, Washington.
7 Definition of Alarm Calls. A call to be charged for under the
terms of this Contract is defined as follows:
A. An alarm call is defined as: a call requiring the dispatch of
equipment from any of the Districts or the Cities. Any number
of vehicles from the responsible Districts or Cities may answer
any such alarm pall. 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 — 2010-2012
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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 — 2010-2012
7/28/2009 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.
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Fire Communications Service Contract
16. REPRESENTATIONS & WARRANTIES
1. The Districts and Cities acknowledges that it has not been
induced to enter into this Contract by any representation or
statements, oral or written, not expressly contained herein or
expressly incorporated by reference.
2. The City of Yakima makes no representations, warranties, or
guaranties, express or implied, other than the express
representations, warranties, and guaranties contained in this
Contract.
17. Governing Law. This contract shall be governed by and construed in
accordance with the laws of the State of Washington.
18. Venue. The venue for any action to enforce or interrupt this Contract
shall lie in the Superior Court of Washington for Yakima County
Washington.
19. Signature, It is agreed that this Contract may be signed by each
District separately and the signatures of all Districts and Cities need
not be placed on a single document. The person executing this
Contract on behalf of the District or City represents and warrants that
he or she has been fully authorized by the governing body of the
District or City to execute this Contract on its behalf and to legally
bind the Districts and Cities to all the terms, performances and
provisions of this Contract.
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
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Fire Communications Service Contract
IN WITNESS WHEREOF, the parties have set their hands and
seals.
CITY OF YAKIMA
By:
City Manager
ATTEST:
YAKIMA COUNTY FIRE DISTRICT
NO. 14
CITY CONTRAC f NO: 0200 / J
RESOLUTION NO: ' ' v;009- /V6
FD Dispatch Contract — 2010-2012 7 of 7
7/28/2009
By:
ATTEST:
, Fire Commissioners
DATED:
DCb h_eir- 5, goof
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 14
[NILE-CLIFFDELL FIRE DEPARTMENT]
RESOLUTION NO..2009-4
A RESOLUTION AUTHORIZING THE EXECUTION OF A FIRE
COMMUNICATIONS SERVICE CONTRACT WITH THE CITY OF YAKIMA FOR
THE PERIOD JANUARY 1, 2010 THROUGH DECEMBER 31, 2012.
WHEREAS, the Board of Fire Commissioners of Yakima County Fire Protection
District No. 14 believes it would be in the best interests of the District to contract with the
City of Yakima to provide fire communication service for the period January 1, 2010 and
ending at midnight on December 31, 2012; and,
WHEREAS, the Board desires to authorize the Chairperson thereof to execute (and the
secretary thereof to attest the signature of the Chairperson thereon) the Fire
Communications Service Contract attached hereto as Attachment "A" in duplicate and to
deliver two executed originals thereof to the Yakima Public Safety Communications
Center; now, therefore,
IT IS HEREBY RESOLVED by the Board of Fire Commissioners of Yakima County
Fire Protection District No. 14 that the Chairperson and Secretary thereof are hereby
authorized and directed to execute and attest the Fire Communications Service Contract
attached hereto as Attachment "A" in duplicate and deliver tow executed originals thereof
to the Yakima Public Safety Communications Center.
ADOPTED by the Board of Fire Commissioners of Yakima County Fire Protection
District No. 14 this 5th day of October 2009, the following Commissioners being present
and voting in favor thereof.
%mmissioner, Chairperson
Attest:
'4)
ommissioner
Commissioner, Vice -Chairperson
•
Fire Communications Service Contract
FIRE COMMUNICATIONS SERVICES CONTRACT
THIS FIRE COMMUNICATIONS SERVICES CONTRACT,
(hereafter the "Contract") is made and entered into by and between
the City of Yakima (hereinafter "Yakima") and the Cities of Union
Gap and Selah (hereinafter the "Cities"), and Yakima County Fire
Protection Districts No.'s 1,2,3,4,6,9,12, and 14 (hereinafter
collectively referred to as the "Districts").
WITNESSETH
WHEREAS, Yakima has heretofore provided dispatching
services to the Cities and the Districts for the handling and
processing of fire, alarm, and emergency calls.
WHEREAS, Yakima, the Cities, and the Districts desire to
enter into a new contract for the continuation of such services.
NOW, THEREFORE, pursuant to RCW 39.34 and the mutual
covenants, promises, and agreements set forth herein, it is agreed by
and between Yakima, the Cities, and the Districts as follows:
1. Yakima Communications Center. Yakima shall continue to
operate a central facility to be known as the Yakima
Communication Center within the City of Yakima and shall use
the same for the purpose of receiving fire and emergency service
calls from the respective areas served by all of the parties hereto,
and shall dispatch fire apparatus of the appropriate party in answer
to any such fire or emergency calls and for the purpose of
receiving and transmitting mutual aid calls among the various
parties hereto and for other related business.
2. Authority of Dispatch Center. It is agreed that the duty of
operating the Yakima Communications Center and the complete
management thereof is vested in Yakima and that Yakima shall
have the full, complete, and exclusive authority to operate and
FD Dispatch Contract — 2010-2012
7/28/2008 1 of 7
Fire Communications Service Contract
manage such Yakima Communications Center, including, but not
limited to, the authority to hire and fire employees for such office.
3. Expense of Maintenance and Operation. The expense of
continued maintenance and operation of the Yakima
Communication$ Center, including the expense of operating all
telephone lines terminating at the Yakima Communications Center,
and including the maintenance of equipment located within the
Yakima Communications Center belonging to the Districts and/or
Cities, shall be borne by Yakima.
4. Term of Contract. This Contract is for a term of three (3)
calendar years commencing January 1, 2010 and terminating at
midnight on December 31, 2012.
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 2009 of Thirty -Eight dollars and
Sixteen cents ($38.16). 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 2010 — increase 2% - $38.92
Contract Year 2011- to be determined
Contract Year 2012 - to be determined
FD Dispatch Contract — 2010.2012
7/28/2009 2 of 7
Fire Communications Service Contract
To accommodate each district and each of the cities' budget cycle
Yakima shall provide, in writing by the month of August of the
preceding year to the billing year, the cost for dispatch services for
the following year based on the previous calendar year's alarm calls
handled by Yakima for each District and the Cities of Union Gap and
Selah, times the cost per run rate applicable for the respective year.
6. Payment for Alarm Calls. Each District and each of the Cities shall
be billed in January of each year for dispatch services during that
calendar year. Each District and each of the Cities shall pay for each
year's billing for alarm services within ninety (90) days after billing
by Yakima. Payment shall be made to Yakima City Treasurer, 129
North 2nd Street, Yakima, Washington.
7. Definition of Alarm Calls. A call to be charged for under the
terms of this Contract is defined as follows:
A. An alarm call is defined as: a call requiring the dispatch of
equipment from any of the Districts or the Cities. Any number
of vehicles from the responsible Districts or Cities may answer
any such alarm pall. 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 — 2010-2012
7/28/2009 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 — 2010-2012
7128/2009 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.
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7/28/2009 5 of 7
Fire Communications Service Contract
16. REPRESENTATIONS & WARRANTIES
1. The Districts and Cities acknowledges that it has not been
induced to enter into this Contract by any representation or
statements, oral or written, not expressly contained herein or
expressly incorporated by reference.
2. The City of Yakima makes no representations, warranties, or
guaranties, express or implied, other than the express
representations, warranties, and guaranties contained in this
Contract.
17. Governing Law. This contract shall be governed by and construed in
accordance with the laws of the State of Washington.
18. Venue. The venue for any action to enforce or interrupt this Contract
shall lie in the Superior Court of Washington for Yakima County
Washington.
19. Signature, It is agreed that this Contract may be signed by each
District separately and the signatures of all Districts and Cities need
not be placed on a single document. The person executing this
Contract on behalf of the District or City represents and warrants that
he or she has been fully authorized by the governing body of the
District or City to execute this Contract on its behalf and to legally
bind the Districts and Cities to all the terms, performances and
provisions of this Contract.
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
FD Dispatch Contract — 2010-2012
712812009 6 of 7
Fire Communications Service Contract
IN WTTNESS WHEREOF, the parties have set their hands and
seals.
CITY OF YAKIMA
By:
ATTEST:
CITY CCN IMC f NO:
n/ZO
RESOLUTION NO: vr,
FD Dispatch Contract — 2010-2012 7 of 7
7/28/2009
CITY OF SELAH
DATED:
September 22. 2009
RESOLUTION NO. aot l
RESOLUTION AUTHORIZING THE MAYOR TO SIGN A FIRE
COMMUNICATIONS SERVICES CONTRACT BETWEEN THE CITY OF SELAH
AND THE CITY OF YAKIMA (INCLUDING UNION GAP AND FIRE DISTRICTS)
FOR DISPATCH SERVICES FOR THE YEARS 2010 THROUGH 2012 TO INCLUDE
FUNDING THE FIRST YEAR AT 2% INCREASE OVER 2009 WITH THE
UNDERSTANDING THAT THIS ISSUE WILL COME BACK TO THE COUNCIL
WITH RATES FOR 2011 AND 2012
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 three (3) calendar years commencing January 1,
2010 and terminating at midnight December 31, 2012;
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, a copy of which is attached and incorporated as
shown.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SELAH
WASHINGTON, this 22nd day of September
ATTEST:
D. E. ovobiel
rk/Treasurer
APPROVED FORM:
ob Noe, City Attorney
RESOLUTION NO. .100 I
Fire Communications Service Contract
FIRE COMMUNICATIONS SERVICES CONTRACT
THIS FIRE COMMUNICATIONS SERVICES CONTRACT,
(hereafter the "Contract") is made and entered into by and between
the City of Yakima (hereinafter "Yakima") and the Cities of Union
Gap and Selah (hereinafter the "Cities"), and Yakima County Fire
Protection Districts No.'s 1,2,3,4,6,9,12, and 14 (hereinafter
collectively referred to as the "Districts").
WITNESSETH
WHEREAS, Yakima has heretofore provided dispatching
services to the Cities and the Districts for the handling and
processing of fire, alarm, and emergency calls.
WHEREAS, Yakima, the Cities, and the Districts desire to
enter into a new contract for the continuation of such services.
NOW, THEREFORE, pursuant to RCW 39.34 and the mutual
covenants, promises, and agreements set forth herein, it is agreed by
and between Yakima, the Cities, and the Districts as follows:
1. Yakima Communications Center. Yakima shall continue to
operate a central facility to be known as the Yakima
Communications Center within the City of Yakima and shall use
the same for the purpose of receiving fire and emergency service
calls from the respective areas served by all of the parties hereto,
and shall dispatch fire apparatus of the appropriate party in answer
to any such fire or emergency calls and for the purpose of
receiving and transmitting mutual aid calls among the various
parties hereto and for other related business.
2. Authority of Dispatch Center. It is agreed that the duty of
operating the Yakima Communications Center and the complete
management thereof is vested in Yakima and that Yakima shall
have the full, complete, and exclusive authority to operate and
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Fire Communications Service Contract
manage such Yakima Communications Center, including, but not
limited to, the authority to hire and fire employees for such office.
3. Expense of Maintenance and Operation. The expense of
continued maintenance and operation of the Yakima
Communication Center, including the expense of operating all
telephone lines terminating at the Yakima Communications Center,
and including the maintenance of equipment located within the
Yakima Communications Center belonging to the Districts and/or
Cities, shall be borne by Yakima.
4. Term of Contract. This Contract is for a term of three (3)
calendar years commencing January 1, 2010 and terminating at
midnight on December 31, 2012.
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 2009 of Thirty -Eight dollars and
Sixteen cents ($38.16). 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 2010 — increase 2% - $38.92
Contract Year 2011— increase 4% - $40.48
Contract Year 2012 — increase 4% - $42.10
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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 the month of August of the
preceding year to the billing year, the cost for dispatch services for
the following year based on the previous calendar year's alarm calls
handled by Yakima for each District and the Cities of Union Gap and
Selah, times the cost per run rate applicable for the respective year.
6. Payment for Alarm Calls. Each District and each of the Cities shall
be billed in January of each year for dispatch services during that
calendar year. Each District and each of the Cities shall pay for each
year's billing for alarm services within ninety (90) days after billing
by Yakima. Payment shall be made to Yakima City Treasurer, 129
North 2nd Street, Yakima, Washington.
7. Definition of Alarm Calls. A call to be charged for under the
terms of this Contract is defined as follows:
A. An alarm call is defined as: a call requiring the dispatch of
equipment from any of the Districts or the Cities. Any number
of vehicles from the responsible Districts or Cities may answer
any such alarm pall. 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.
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Fire Communications Service Contract
16. REPRESENTATIONS & WARRANTIES
1. The Districts and Cities acknowledges that it has not been
induced to enter into this Contract by any representation or
statements, oral or written, not expressly contained herein or
expressly incorporated by reference.
2. The City of Yakima makes no representations, warranties, or
guaranties, express or implied, other than the express
representations, warranties, and guaranties contained in this
Contract.
17. Governing Law. This contract shall be governed by and construed in
accordance with the laws of the State of Washington.
18. Venue. The venue for any action to enforce or interrupt this Contract
shall lie in the Superior Court of Washington for Yakima County
Washington.
19. Signature, It is agreed that this Contract may be signed by each
District separately and the signatures of all Districts and Cities need
not be placed on a single document. The person executing this
Contract on behalf of the District or City represents and warrants that
he or she has been fully authorized by the governing body of the
District or City to execute this Contract on its behalf and to legally
bind the Districts and Cities to all the terms, performances and
provisions of this Contract.
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
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ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.: I
For Meeting Of: November 3, 2009
A Resolution Authorizing the City Manager to enter into the 2010-2012 Fire
Communications Services Contract and, where applicable, an Information
Systems Services Agreement with various cities and fire districts
SUBMITTED BY: Wayne Wantland, Communications Manager
CONTACT PERSON/TELEPHONE: same, 575-6048
SUMMARY EXPLANATION:
The Yakima Communications Center provides fire dispatching and communications services
for numerous agencies in Yakima County. Each year we readdress these contracts taking into
account dispatched incident volumes and a fixed percentage adjustment. For 2010 we have
included a two percent (2.0%) increase for the cost of living adjustment to these contracts and
for all subsequent years a four percent (4.0%) per year increase. The Information Systems
Services Agreement allows for the provision and maintenance of the Mobile Data systems that
various agencies have added to the City's system: These contracts have been presented to
and executed by the participating agencies and are now awaiting the Council's action.
Resolution X Ordinance_ Other (Specify)
Contract X Mail to (name and address):
Phone:
Funding Source:
APPROVAL FOR SUBMITTAL: •-.E,
City -Manager
STAFF RECOMMENDATION: Staff respectfully requests Council authorized the City Manager
to enter into the Fire Communications Services contracts with the various cities and fire
districts that are participants in our dispatching system.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
•