HomeMy WebLinkAboutR-1992-D6208 Computers / Union Gap•
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RESOLUTION NO. D 620 8
A RESOLUTION authorizing the execution of a City of Yakima -City of Union Gap
Data Processing and Law Enforcement Dispatch Services
Agreement.
WHEREAS, the City of Union Gap desires to use the computer resources of
the City of Yakima which consist of equipment, personnel, and the COPS
Automated Records System computer software; and
WHEREAS, the City of Yakima possesses the necessary equipment,
personnel, and software to provide computer services to the City of Union Gap to
the extent described in the attached and incorporated agreement; and
WHEREAS, in addition, the City of Union Gap desires to use City of Yakima
law enforcement dispatching resources, consisting of equipment, personnel, and
the Computer -Aided Dispatching System computer software; and
WHEREAS, the City of Yakima possesses the necessary equipment,
personnel, and software to provide law enforcement dispatching services to the
extent described in the attached and incorporated agreement; and
WHEREAS, the Cities of Union Gap and Yakima have previously executed
agreements wherein Yakima provided dispatch services and computer services to
the City of Union Gap and computer resources, which agreements will no longer
be in effect when the attached and incorporated agreement goes into effect, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk are hereby authorized and directed to
execute the attached and incorporated agreement entitled "City of Yakima - City of
Union Gap Data Processing and Law
Agreement."
ADOPTED BY THE CITY COUNCIL till?
ATTEST
Ka,
City Clerk
(1s)res/dispatch agr jv
Enforcement Dispatching Services
day of October, 1992.
Mayor
CITY OF YAKIMA -- CITY OF UNION GAP
DATA PROCESSING & LAW ENFORCEMENT DISPATCHING
SERVICES AGREEMENT
This Agreement, made and entered into between the City of Yakima, Washington, a municipal
corporation, and the City of Union Gap, Washington, a municipal corporation;
WITNESSETH:
WHEREAS, the City of Union Gap desires to use the computer resources of the City of Yakima,
consisting of equipment, personnel, and the COPS Automated Records System computer software; and
the City of Yakima possesses the necessary equipment, personnel, and software to provide computer
services to the extent described in this Agreement and is willing to provide said computer resources on
the terms and conditions defined herein; and,
WHEREAS, the City of Union Gap desires to use the law enforcement dispatching resources of
the City of Yakima, consisting of equipment, personnel, and the Computer Aided Dispatching System
computer software; and the City of Yakima possesses the necessary equipment, personnel, and
computer software to provide law enforcement dispatching services to the extent described in this
agreement and is willing to provide said resources on the terms and conditions defined herein; and,
WHEREAS, the City of Union Gap and the City of Yakima had previously executed that Law
Enforcement Dispatching Services Agreement dated December 23, 1991, and that Data Processing
Services Agreement dated November 25, 1991, and each city desires to consolidate those two (2)
Agreements into this single contract; and,
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. Provide eight (8) terminal and printing device connections to the City of Yakima's Public
Safety Computer.
2. Provide fifty (50) megabytes of on-line disk storage space for exclusive storage of City of
Union Gap data.
3. Provide twenty-four (24) hour a day, seven (7) day a week on-line access by the Union Gap
Police Department to the COPS Automated Records System and Primeword Word
Processing software operated on the City of Yakima Public Safety Computer system,
excluding scheduled or unscheduled downtime for maintenance, or hardware or software
malfunctions.
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4. Provide programmer time necessary to bring the City of Union Gap on line, and
programmer time required to maintain the City of Union Gap's status in accordance with
this Agreement which may be necessitated by any City of Yakima hardware, software or
operating system changes.
5. Provide telephone and radio communication personnel and equipment sufficient to enable
it to answer the law enforcement related telephone communications of the City of Union
Gap and relay such communications to City of Union Gap Police Officers.
6. Answer incoming emergency calls for service from the jurisdiction of the Union Gap Police
Department and dispatch Union Gap Police Officers via Yakima Police Department radio
frequency twenty-four (24) hours per day in accordance with mutually agreed upon
procedures.
7. Answer incoming non -emergency calls directed to the Union Gap Police Department via
their designated business telephone number during the hours of 5:00 PM to 8:00 AM and
route calls or redirect callers in accordance with mutually agreed upon procedures.
8. Provide two-way radio communications and associated dispatching services in accordance
with agreed upon procedures during the hours set out in Section 3 above.
9. Comply with the provisions of any mutually agreed upon operating agreements.
10. Give the City of Union Gap at least thirty (30) days' notice of any change in operation,
computer hardware, or software that may foreseeably adversely affect the City of Union
Gap, excluding normal upgrades of the PRIMOS operating system or aforementioned
software.
11. Use a reasonable standard of care to insure the security of City of Union Gap data, which
shall be no less than the precautions the City of Yakima uses to protect its own confidential
information.
B. THE CITY OF UNION GAP WILL:
1. Provide and maintain any additional computer hardware necessary for the operation of the
COPS Automated Records System beyond that hardware explicitly provided by the City of
Yakima in this Agreement. Such equipment may include, but not be limited to, terminals,
printers, multiplexers and modems. All such equipment must be approved by the City of
Yakima prior to connection to the system, which approval will not be unreasonably
withheld.
2. Provide maintenance and repair for the communications equipment and lines between the
City of Yakima and the City of Union Gap. Maintenance on any equipment provided by
the City of Yakima must be performed by a vendor approved by the City of Yakima
Information Systems Manager.
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3. Provide any haraware deemed necessary by the City of Yakima to protect the City of
Yaldma's computer equipment from potential damage caused by the City of Union Gap's
hardware.
4. Provide the communication lines between the City of Yakima and the City of Union Gap.
5. Operate the COPS Automated Records System on the City of Union Gap premises by City
of Union Gap personnel.
6. Provide security for criminal record information contained in the COPS Automated Records
System in accordance with applicable chapters of the Revised Code of Washington.
7. Be responsible for any software or hardware changes to the COPS Automated Records
System made necessary by PRIME authorized updates to the PRIMOS Operating Systems
or other PRIME system utilities.
8. Make no changes to the COPS Automated Records System or the PRIME Operating System.
9. Provide and maintain any telephone lines and associated equipment necessary to route City
of Union Gap law enforcement telephone calls to the City of Yakima Police
Communications Center.
10. Provide maintenance and repair for the telephone equipment and lines between the City of
Yakima and the City of Union Gap.
11. Provide and maintain mobile two-way radio equipment capable of communicating with the
City of Yakima Police Communications Center.
12. Provide and maintain Mobile Data Terminals and associated equipment capable of
communicating with the City of Yakima Automated Records System and Computer Aided
Dispatch System within thirty (30) days of the time that the City of Yakima begins to use
such equipment for law enforcement communications.
13. Use the Yakima Police radio frequency in accordance with applicable laws, operating
agreements, and generally accepted police radio communications practice.
14. Comply with the provisions of any mutually agreed upon operating agreement.
C. Er r ECTIVE DATE & TERMINATION
1. The effective date of this Agreement will be January 1, 1993. The termination date of this
Agreement will be December 31, 1993.
2. This agreement may be terminated by either party, without cause, by giving written notice
to the other party at least sixty (60) days in advance of the intended date of termination.
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D. CHARGES & BILLING
1. The monthly fee for the services provided by the City of Yakima will be $4,000.00.
2. If the City of Union Gap requests any changes of service for the City of Yakima, the
monthly fee will be renegotiated. Such changes of service may include, but not be limited
to, additional disk storage, additional terminal/printer connections, equipment maintenance
support, programmer time, or use of additional software.
3. Any time spent by the City of Yakima on programming changes requested by the City of
Union Gap will be charged at a rate agreed upon in advance by both parties.
4. The City of Yakima will bill the City of Union Gap on a monthly basis.
5. The City of Union Gap will pay the full amount of the monthly bill within thirty (30) days
of its receipt.
E. LIABILITY OF THE CITY OF YAKIMA
The City of Yakima shall not be liable 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 riot limited to, power
outage, failure of its communications or PRIME 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/PROMIISE NOT TO SUE
The City of Union Gap shall hold harmless, defend, and indemnify the City of Yakima, its
officers, agents, officials, employees, volunteers, or assigns from any and all future litigation or claim
of a third party that may arise in connection with the performance of this contract; PROVIDED this
promise to hold harmless, defend, and indemnify shall not apply to injury or damage due to any cause
within the City of Yakima's control.
Moreover, the City of Union Gap hereby waives and promises not to make any claim or institute
any lawsuit based upon any claim, loss, or injury to the City of Union Gap, its officers, agents,
officials, employees, volunteers, or assigns, due to any cause beyond the City of Yaldma's control, such
as, but not limited to, power outage, failure of it communications or computer 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.
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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 City of Union Gap issues a purchase order, memorandum,
specifications, or other instrument covering the services herein provided, such purchase order,
memorandum, specifications, or instrument is for the City of Union Gap'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 City of Union Gap 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 singed by duly authorized representatives of the City of Yakima and the City of
Union Gap.
J. 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 delivery. Notices to
the City of Yakima shall be delivered to the Yakima City Manager at 129 North Second Street, Yakima,
Washington, 98901 and notices to the City of Union Gap shall be delivered to the Union Gap City
Manager at 102 West Ahtanum, Union Gap, Washington, 98903.
K. GOVERNING LAW
1. This Agreement shall be governed by the laws of the State of Washington.
2. This Agreement may not be assigned by either party hereto without the prior written consent
of the other party.
3. Time and the punctual performance of each and all of the terms, provisions, and conditions
of this Agreement are of the essence.
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4. Venue shall be Yakima County, Washington.
5. A copy of this Agreement shall be filed with the City Clerks of the cities of Yakima and
Union Gap, shall be recorded with the Yakima County Auditor, and shall be delivered to
the Secretary of the State of Washington.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this
o , 19 `a L.
THE CITY OF YAKIMA.
City Manager
ATTEST:
City Clerk
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