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HomeMy WebLinkAboutR-1996-105 Computer Access ServiceRESOLUTION NO. R -96- A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute a "Computer Access Service Agreement" with Yakima County. WHEREAS, the City of Yakima needs access to certain information residing on Yakima County's computer system for law and justice functions; and WHEREAS the attached agreement provides for such access into other related matters, WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached agreement with Yakima County now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "Yakima County Computer Access Service Agreement". ADOPTED BY THE CITY COUNCIL this 6 -- day of , 1996. ATTEST: City Clerk res/ nn Buchanan, Mayor YAKIMA COUNTY COMPUTER ACCESS SERVICE AGREEMENT This is an agreement between Yakima County, Washington, hereinafter referred to as the "County," and City of Yakima, hereinafter referred to as "Customer," by which the County agrees to provide Customer with certain access to data for payment of certain agreed upon considerations. 1. SCOPE OF AGREEMENT This agreement constitutes the entire agreement between the County and the Customer and supersedes all proposals, oral or written, and all other communications between the parties in relation to the subject matter of this agreement. No other agreement or understanding exists regarding these services between the County and Customer except as expressly set forth in this instrument. These terms and conditions shall apply notwithstanding any additional or different terms and conditions of any order submitted by Customer in respect to the services to be provided hereunder. Except as otherwise provided herein, no modification of this agreement shall be effective until reduced to writing and executed by both parties. 2. PURPOSE OF AGREEMENT The purpose of this agreement is to provide Customer with access to the Law and Justice System residing on Yakima County's HP9000 business server computer platform. 3. SERVICES DESCRIBED The County shall provide remote computer access to the computer system(s) applicable to the purpose of this agreement. 4. PAYMENT Customer shall pay for the services in accordance with the applicable rates described in Exhibit "A", together with initial set-up costs in an amount to be agreed upon by the parties. The Exhibit "A" rates may be increased not more frequently than annually upon thirty (30) days advance written notice to the Page 1 of 6 (b1b)agr/Computer Access rp Customer, subject to Customer's right to terminate this agreement. Customer agrees to pay all invoices within 30 days after the date of invoice. 5. PROPRIETARY INFORMATION Proprietary information disclosed by either party to the other for the purpose of this agreement shall be protected by the recipient in the same manner and to the same degree that the recipient protects its own proprietary information. Such information will be disclosed only to those employees of the recipient requiring access thereto in order to perform this agreement. 6. RIGHTS IN DATA The County does not convey nor does the Customer obtain any rights in the computer systems, programs or related documentation owned and furnished by the County for performance of this agreement. 7. ASSIGNMENT This agreement is not assignable. The Customer agrees that it will not assign any right or interest in this contract. Any attempted assignment by Customer without prior written permission of the County shall be void for all purposes and shall constitute cause for immediate termination of this agreement. Furthermore, Customer and the County agree that neither shall delegate any obligation which it has under this contract without the prior written permission of the other party. Any attempt at delegation without written permission shall be void for all purposes. 8. EXCLUSIVE SERVICES The County may from time to time acquire services, machines or other products with Customer's written consent for the exclusive support of services required by the Customer. In such case the Customer shall be liable for the total cost of such services, machines or products so long as they are for the Customer's exclusive use. 9. EQUIPMENT APPROVAL If performance of services under this agreement requires connection of Customer equipment to County equipment, the devices and equipment provided and used by Customer shall be of a type approved by the County. Page 2 of 6 (bib)agr/Computer Access.rp Any equipment which causes disruption of the County's operations or threatens the integrity of the County's system may be disconnected by the County in the sole discretion of the County whether or not the County had previously approved the equipment. 10. COUNTY MAY PRIORITIZE GOODS DELIVERY The county may limit, control, or prioritize the providing of the services described herein to any extent necessary to prevent unreasonable disruption of the County's operations, or to prevent interference with other essential functions of the County and to the extent necessary to provide access to its public records by other members of the public. 11. LIMITATION OF LIABILITY The information supplied by the County in the data described herein is provided on an "as is" basis "with all faults" and the Customer's sole remedy in the cases of inaccurate information is limited to a refund of an allocable portion of the fee charged therefore. Nothing contained herein shall be construed to require the County to maintain the data in machine readable form for a longer time than the County shall from time to time determine. THE OBLIGATIONS OF THE COUNTY AND THE RIGHTS AND REMEDIES OF CUSTOMER SET FORTH IN THIS CLAUSE ARE EXCLUSIVE AND IN SUBSTITUTION OF ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF COUNTY, AND RIGHTS, CLAIMS AND REMEDIES OF CUSTOMER AGAINST THE COUNTY EXPRESS OR IMPLIED ARISING BY LAW OR OTHERWISE WITH RESPECT TO ANY SERVICES PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, LIABILITY, RIGHT, CLAIM OR REMEDY FOR TORT, OR FOR ANY ACTUAL OR ALLEGED INFRINGEMENT OF PATENTS, COPYRIGHTS OR SIMILAR RIGHTS OF THIRD PARTIES, OR FOR ANY OTHER DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. 12. TERMINATION OF AGREEMENT - EVENTS OF DEFAULT Without limiting the generality of the foregoing, this agreement may be terminated for any of the following: Page 3 of 6 (bib)agr/Computer Access.rp a) If Customer has not paid the monthly invoice prepared and submitted to it by the County under Exhibit "A" of this agreement; b) If this agreement is or comes to be in conflict with federal or state law, or resolutions or ordinances of local governing bodies which are in effect at the time of this agreement or may be imposed in the future; c) If there is an impossibility of performance of this agreement through no fault of any party hereto; d) If Customer violates any provisions of paragraph 7 herein; e) If customer violates or attempts to violate the security of the Yakima County information services system; and f) This agreement may be terminated with or without cause by either party giving the other party thirty (30) days written notice of termination. 13. LAW APPLICABLE This agreement shall be governed by the laws of the State of Washington. 14. GENERAL No provision of this agreement or the right to receive reasonable performance of any act called for by the terms, shall be deemed waived by a waiver of a breach thereof as to a particular transaction or occurrence. If any term or condition of this agreement or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other terms, conditions or applications of the agreement which other terms and conditions are hereby agreed to be severable. The parties acknowledge that they have read and understand this agreement, including any supplements or attachments hereto, and do agree thereto in every particular. The remedies of the County in case of default by Customer are in no way waived by, limited by, or exclusively set forth in this agreement. DATED: ust 8, 1996. City of Yakima Local Government By: R. A. Zais, Jr. Yakima County Information Services By: attest: chp.-1„._ )P -• i. City Clerk Page 4 of 6 ary mama coo: (bib)agr/Computer Access.rp MOIW1000J1L1L7"/"ejio. Carol J. G}X on, Manager Approved as to form: By: Deputy Pros ing Attorney Page 5 of 6 (b1b)agr/Computer Access.rp Signature authorized by Board of County Commissioners Resolution No. 15 X996. By: S eriff EXHIBIT "A" YAKIMA COUNTY INFORMATION SERVICES 1996 BILLING RATES FOR COMPUTER ACCESS BY OTHER GOVERNMENT AGENCIES Each connection to HP 9000 server for Treasurer/Assessor information: ANNUAL $1,906.00 MONTHLY $ 158.83 Each connection to Hp 9000 server for Law & Justice information processing: ANNUAL $1,320.00 MONTHLY $ 110.00 NOTE: Charges are billed monthly. Rates are computed annually and are subject to change each January. Page 6 of 6 (bib)agr/Computer Access.rp BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. c 1 For Meeting of August 6. 1996 ITEM TITLE: Consideration of a Resolution Authorizing the City Manager and City Clerk to Execute a "Computer Access Service Agreement" with Yakima County SUBMITTED BY: Chief Don Blesio 4 ' City Attorney Ray Paolella CONTACT PERSON/TELEPHONE: Chief Blesio - 575-6211 Ray Paolella - 575-6030 SUMMARY EXPLANATION: The attached agreement will enable the City of Yakima to access the Law and Justice System residing on Yakima County's Hp 9000 business server computer platform which maintains critical information dealing with City prisoners held at the Yakima County Jail. Access to this documentation will allow City staff to track, analyze and compute specific information pertaining to City prisoners. The information contained in the County's data base will provide City staff with a number of vital tools needed to enhance the operation of the City's jail facility. Cost for this service will be $110 per month. The City's existing data communication infrastructure is currently installed and operational, enabling the connection with the County with no anticipated start-up costs. The term of this agreement is ongoing and subject to rate changes each January. Resolution X Ordinance Contract Other (Specify) Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: