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
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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.
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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:
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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
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MOIW1000J1L1L7"/"ejio.
Carol J. G}X on, Manager
Approved as to form:
By:
Deputy Pros ing Attorney
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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.
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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: