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HomeMy WebLinkAboutR-1996-149 Law Enforcement Dispatch Services City of Union GapRESOLUTION NO. R -96-14q A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Data Processing and Law Enforcement Dispatch Services Agreement with the City of Union Gap. 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provided dispatch services and computer services to the City of Union Gap and computer resources, which agreements are no longer in effect; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into a data processing and law enforcement dispatch services agreement with the City of Union Gap in accordance with the terms and conditions of the attached Agreement, 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 Enforcement Dispatching Services Agreement." ADOPTED BY THE CITY COUNCIL this 19th day of iovPmber , 1996. ATTEST: Ly n Buchanan, Mayor City Clerk (ls)res/dispatching pm 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 he 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 previously executed a Data Processing & Law Enforcement Dispatching Services Agreement, dated February 27, 1995 and said Agreement will expire December 31, 1996; 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 Page 1 of 7 (is)agr/dispatching2 pm system, excluding scheduled or unscheduled downtime for maintenance, or hardware or software malfunctions. 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 Page 2 of 7 (is)agr/dispatching2 pm 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. 3. 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 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 of the PRIMOS Operating Systems or other PRIME system utilities. S. 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. Page 3 of 7 (1s)agr/dispatching2 pm 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. EFFECTIVE DATE & TERMINATION 1. The effective date of this Agreement will be January 1, 1997. The termination date of this Agreement will be December 31, 1998. 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. D. CHARGES & BILLING 1. The monthly fee for the services provided by the City of Yakima will be Four Thousand One Hundred Sixty -Seven Dollars ($4,167.00). 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 not 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. Page 4 of 7 (is)agr/dispatching2 pm F. INDEMNIFICATION/PROMISE 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 Yakima's control, such as, but not limited to, power outage, failure of its 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. 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. H. 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 signed by duly authorized representatives of the City of Yakima and the City of Union Gap. Page 5 of 7 (is)agr/dispatching2 pm J. ASSIGNMENT This Agreement may not be assigned by either party hereto without the prior written consent of the other party. 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. 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. M. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. N. ATTORNEYS' FEES In the event that any suit or action is instituted by either party to enforce the compliance with or interpret any of the terms, covenants or conditions of this Agreement, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as reasonable attorney's fees. O. VENUE The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. P. RECORDATION OF AGREEMENT 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. Page 6 of 7 (is)agr/dispatching2.pm IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 19th day of November , 1996. CITY OF YAKIMA City Manager ATTEST: City Clerk City Contract No. Page 7 of 7 (is)agr/dispatching2 pm CY OF UNION GAP \ .' c Mayor