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City of Union Gap and computer resources, which agreements are no longer in effect;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
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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
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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
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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.
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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.
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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.
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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.
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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.
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CY OF UNION GAP
\ .' c
Mayor