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AGREEMENT FOR E911 SERVICES AND COMPLETE DISPATCH SERVICES This Agreement for E911 Services and Complete Dispatch Services (hereinafter referred to as "Agreement"), is made and entered into by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter referred to as "CITY"), and the WHITCOM agency, an agency established through the cooperation of Washington State political entities consisting of County of Whitman, City of Pullman, Washington, and Washington State University, acting through Enhanced 911 Inter-Local Agreement pursuant to the Inter-Local Cooperation Act, Chapter 39.34 Revised Code of Washington, P 0 Box 647300, Pullman, Washington, 99164-7300 (hereinafter refeiTed to as "WHITCOM"). W I TN E S S E T H: WHEREAS, in 2004 CITY and WHITCOM entered into an agreement for E-91 I services and complete dispatch services; and WHEREAS, the 2004 Agreement provided for the tenn of the Agreement to be from the 1st day of June, 2004 to May 31 , 2007; and WHEREAS, the 2004 Agreement was subsequently replaced by a new agreement to provide services from June 7, 2007 to December 31, 2009; and WHEREAS, CITY has detennined that the best and most efficient use of its current resources is to continue to contract with WHITCOM for WHITCOM's provision of E911 services and complete dispatch services; and WHEREAS, WHITCOM has agreed to provide such services to CITY as are stated herein; and WHEREAS, WHITCOM has agreed to provide a certain minimum level of service for an amount certain throughout the term of this Agreement; and WHEREAS, CITY and WHITCOM believe that it is in their mutual best interest to establish a working relationship for the tenn of this Agreement in anticipation of and prior to fonnalizing any interloca1 cooperation act (Chapter 39.34 Revised Code of Washington) or joint powers agreement (Idaho Code 67-2326 through 67-2333) regarding E911 services and complete dispatch services; and WHEREAS, it is desired of City Council to enter into this Agreement with WHITCOM; and WHEREAS, it is the desire ofWHITCOM entities to enter into this Agreement; NOW THEREFORE, parties agree as follows: SECTION I. Intent This Agreement memorializes the parties' intent that CITY will continue to utilize WHITCOM's E911 services and complete dispatching services through December 31, 20 15 and to continue to explore the possibility of an agreement between CITY and WHITCOM wherein CITY would become a WHITCOM AGREEMENT FOR E911 SERVICES AND COMPLETE DISPATCH SERVICES PAGE 1 OF 6 ---PAGE BREAK--- entity pursuant to an Interlocal Cooperation Act pursuant to Chapter 39.34 Revised Code of Washington and/or a joint powers agreement pursuant to Idaho Code§§ 67-2326 through 67-2333. It is specifically the intention of both parties not to create an interlocal cooperation agreement or a joint powers agreement with this current Agreement at this time. SECTION II. Description of Services to be Provided. WHITCOM agrees to provide E911 services and complete public safety dispatching services through the tenn of this Agreement as such tenn is further detailed in paragraph VI hereinbelow. Dispatching services provided by WHITCOM shall include the following: The answering of business telephone lines for fire, police and emergency medical services requests; Emergency and routine radio communications with police, fire and EMS emergency providers; Communications between providers and other resources relating to their function; Safety alann services (including "silent night" services) After-hour emergency public works requests. For the purpose of perfom1ing the above-mentioned services, WHITCOM shall fumish and supply all necessary personnel, supervision, administration, equipment and supplies to maintain the level of E911 services and complete dispatch services equal to services provided to other WHITCOM parties. SECTION III. Responsibility. WHITCOM shall have full responsibility for the provision of E911 services and complete dispatch services as described hereinabove. In addition, the WHITCOM Executive Board shall be responsible for rendering dispatch services, setting standards of performance and disciplining employees, as well as any other matters incident to the control of pers01mel and perfonnance of services under this Agreement. CITY shall be allowed to address the WHITCOM Executive Board to voice concerns, shall be an ex officio member of such WHITCOM Executive Board and shall have the ability to review and to give input to the WHITCOM Executive Board regarding policies, procedures and operations protocols to be utilized in delivering services to CITY under this Agreement. SECTION IV. Consideration. It is agreed that for each year of the contract, the amount shall be increased by three percent over the previous year, provided that should the rate of inflation be either substantially higher or less than three percent for any subsequent year, either party may request the other party to enter into negotiations for a new rate of adjustment. For the period of January 1, 2010, through December 31, 2010, CITY shall pay to WHITCOM the total amount of thirty-six thousand, nine hundred fifty-one and eighty-two one/hundredths dollars ($36,951.82) per month on or before the last day of each month described hereinabove are rendered to CITY by WHITCOM. AGREEMENT FOR E911 SERVICES AND COMPLETE DISPATCH SERVICES PAGE 2 OF 6 ---PAGE BREAK--- For the period of January 1, 2011, through December 31, 2011, CITY shall pay to WHITCOM the total amount of thirty-eight thousand, sixty and thirty-seven one/hundredths dollars ($38,060.37) per month on or before the last day of each month during which services described hereinabove are rendered to CITY byWHITCOM. For the petiod of January 1, 2012, through December 31, 2012, CITY shall pay to WHITCOM the total amount of thirty-nine thousand, two hundred two and eighteen one/hundredths dollars ($39,202.18) per month on or before the last day of each month during which services described hereinabove are rendered to CITY by WHITCOM. For the period of January 1, 2013, through December 31, 2013, CITY shall pay to WHITCOM the total amount of forty thousand, three hundred seventy-eight and twenty-five one/hundredths dollars ($40,378.25) per month on or before the last day of each month during which services described hereinabove are rendered to CITY by WHITCOM. For the period of January 1, 2014, through December 31, 2014, CITY shall pay to WHITCOM the total amount of forty-one thousand, five hundred eighty-nine and sixty one/hundredths dollars ($41,589.60) per month on or before the last day of each month during which services described hereinabove are rendered to CITY by WHITCOM. For the period of January 1, 2015, through December 31, 2015, CITY shall pay to WHITCOM the total amount of forty-two thousand, eight hundred thirty-seven and twenty-eight one/hundredths dollars ($42,837.28) per month on or before the last day of each month during which services described hereinabove are rendered to CITY by WHITCOM. If this Agreement is tenninated prior to the expiration of the tenn of this Agreement pursuant to paragraph VI, payment shall be pro-rated by written agreement between the parties. SECTION V. Equipment. CITY and WHITCOM agree that WHITCOM shall operate on CITY's radio frequencies in order to enhance level of services to CITY and in order to provide an increased level of safety for employees of both parties. WHITCOM agrees to pay for recuning telephone line and database charges. WHITCOM agrees to fumish such items without costs additional to those set out in Section IV hereinabove. CITY agrees to furnish and to pay for installation of equipment necessary to communicate with its police facilities, fire stations, Public Works departments, and citizens requesting assistance; and any costs incurred as a result of expanding WHITCOM's telephone system to accommodate increased Latah and Whitman Counties call volume. This includes the Spillman State Link and Spillman connectivity consistent with the purposes of this Agreement. SECTION VI. Term of Agreement. The tenn of this Agreement is from January 1, 2010, to December 31, 2015. Any renewal of this Agreement will be subject to negotiation between the parties as to the scope of public safety services and equipment to be provided and the consideration to be paid therefor. In negotiating, the parties shall consider the actual percentages of workload attributed to each party. AGREEMENT FOR E911 SERVICES AND COMPLETE DISPATCH SERVICES PAGE 30F6 ---PAGE BREAK--- SECTION VII. Limitation of Liability. CITY hereby covenants and agrees to hold and save WHITCOM (including its political entities) and all of its officers, agents, and employees hannless from all claims whatsoever that may arise against WHITCOM (including its political entities), its officers, agents, or employees and, in the case ofWSU, its Regents, as a result of the perfonnance of duties perfonned by CITY under the terms of this Agreement. By so doing, CITY, its officers, agents, and employees shall not be deemed to have assumed any liability for the independent acts of WHITCOM or of any officer, agent, or employee thereof, and WHITCOM hereby covenants and agrees to hold and save CITY, all of its officers, agents, and employees harmless from all claims whatsoever that may arise against CITY, its officers, agents, or employees, by reason of any independent act of WHITCOM, its officers, agents, and employees. For this purpose, employees of WHITCOM shall not be considered agents or employees of CITY. CITY shall be an additional named insured on WHITCOM's insurance policy. SECTION X. Information. CITY shall provide WHITCOM with an updated map of City with addresses, a twenty four (24) hour emergency telephone number list for on-call CITY personnel, a list of fire hydrant locations, known residential and business emergency contact numbers, current building and development site infonnation, and a copy of CITY ordinances, emergency information on all CITY employees (for contact purposes) including volunteer fire personnel, and any other pertinent infonnation deemed necessary to effectively perfonn dispatching duties. Whenever CITY is made aware of additional infonnation or a change in current information or of a change in current infonnation, CITY shall reduce this infonnation to writing and deliver it by hand delivery, inter-agency mail, regular mail, or any other reasonable means of delivery to WHITCOM within a reasonable amount of time. SECTION IX. Records. Records generated and/or related to services provided by WHITCOM to CITY under this Agreement shall comply with relevant requirements of the Revised Washington Code and the Idaho Code, respectively. WHITCOM and CITY shall retain such records in accordance with applicable law and shall produce such records pursuant to requests for records in accordance with applicable law. WHITCOM and CITY shall make records (except for those protected by privilege or otherwise under applicable law) available to the other upon reasonable notice during business hours. CITY shall have unlimited, around-the-clock (twenty four (24) hours) access to its !LETS System records at all times during the tenn of this Agreement. SECTION X. No Waiver of E911 Service Area Jurisdiction. It is specifically the intention of CITY and WHITCOM that CITY retains all rights, privileges, authority, jurisdiction and entitlement to CITY's established E911 service area, as defined in Idaho Code. In addition, nothing in this Agreement shall be construed by either party or by others to in any way alter CITY's 1990 decision in Ordinance No. 90-16 to provide E911 services and dispatch services to citizens of Moscow, Idaho pursuant to Idaho Code Title 31, Chapter 48. AGREEMENT FOR E911 SERVICES AND COMPLETE DISPATCH SERVICES PAGE40F 6 ---PAGE BREAK--- SECTION XI. Use of Idaho Law Enforcement Telecommunications System (ILETS) . CITY shall be responsible for maintaining the !LETS System for use by WHITCOM in providing services contemplated by this Agreement including, but not limited to, any payments, licenses, pennissions, protocol and the like. SECTION XII. Expenditures of Funds Under this Agreement. WHITCOM agrees to utilize any and all payments made to WHITCOM pursuant to this Agreement only in a manner consistent with Idaho Code Title 31, Chapter 48. SECTION XIII. Non-Appropriation Clause. In recognizing that each party to this Agreement can only receive budget approval for one fiscal year at a time, non-appropriation will be a legitimate reason for release from this Agreement provided: A. Thirty (30) days' written notice is given to the other party; and B. No other funds are appropriated for the same fiscal period that would provide essentially the same or similar service as outlined in this Agreement. SECTION XIV. Venue Stipulation. This Agreement shall be construed as having been made and delivered within the State of Washington, and it shall be mutually understood and agreed by each party hereto that this Agreement shall be governed by laws of the State ofWashington, both as to interpretation and perfonnance. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provisions thereof shall be instituted and maintained only in a court of competent jurisdiction in Whitman County, Washington. As a further condition of this Agreement, the parties acknowledge that this Agreement shall be deemed and construed to have been prepared mutually by each party. The parties expressly agree that any uncertainty or ambiguity existing therein shall not be construed against either party. SECTION XV. Termination of Agreement. This Agreement may be tenninated without cause by either party upon one ( 1) year's ptior written notice. SECTION XVI. Amendments. The tenns of this Agreement may be amended by mutual agreement of the parties. The party seeking an amendment shall submit a written request for amendment to the other party. The request shall clearly describe the proposed change and why the change is necessary. The responding party shall schedule a review of the request within thirty (30) days from receipt of the request and shall respond within forty five ( 45) days from receipt of the request. The responding party may approve, deny, or suggest modifications to the amendment. Any amendment shall be in wliting, shall refer specifically to this Agreement, and shall be executed by both parties. AGREEMENT FOR E911 SERVICES AND COMPLETE DISPATCH SERVICES PAGE 5oF6 ---PAGE BREAK--- SECTION XVII. Notice. Any notice under this Agreement shall be in writing and shall be effective when actually delivered or when deposited in the mail addressed to the parties as follows: CITY Stephanie Kalasz, City Clerk City ofMoscow P 0 Box 9203 Moscow, lD 83843 WHITCOM Patti VonBargen, WHITCOM Manager WHITCOM Communications Center P 0 Box 647300 Pullman, W A 99164-7300 Shall either named individual leave the positions set forth above, notice shall be provided to their successor. IN WITNESS WHEREOF, the parties have set their hands and affixed their seals as of the date and year hereinbelow written. WHITCOM This / 7ay of tb»{ , 202.!l..._ Rich Heath, Vice-Chair AGREEMENT FOR E911 SERVICES AND COMPLETE DISPATCH SERVICES 20J4_ PAGE60F6