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HomeMy WebLinkAboutR-2005-099 Yakima County Fire District No. 12 Information Systems Service AgreementRESOLUTION NO. R-2005 99 A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Information Systems Service Agreement with Yakima County Fire Protection District 12 to provide Mobile Data Services. WHEREAS, the City of Yakima Fire Department is participating in a regionalization of services with other fire agencies located in Yakima county; and WHEREAS, the City of Yakima has an existing Wireless Mobile Data System; and WHEREAS, Yakima County Fire Protection District 12 desires to have the City of Yakima provide services and access to this system; and WHEREAS, the City of Yakima is willing to contract with Yakima County Fire Protection District 12 to provide these services; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the proposed and attached Information Systems Service Agreement with Yakima County Fire Protection District 12 to provide these services; 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 Information Systems Services Agreement with Yakima County Fire Protection District 12 to provide Mobile Data Services. ADOPTED BY THE CITY COUNCIL this 28th day of June, 2005. (71,,,A7 ATTEST: CITY CLERK PAUL P. GEORGE, M YOR CITY OF YAKIMA INFORMATION SYSTEMS SERVICES AGREEMENT THIS INFORMATION SYSTEMS SERVICES AGREEMENT (hereinafter "Agreement"), is made and entered into by and between the CITY OF YAKIMA, Washington, a municipal corporation (hereinafter "City"), and Fire District # 12, West Valley, a Washington fire protection district (hereinafter the "User Agency"). The purpose of this Agreement is to define the scope of services contracted by the User Agency from the City, set forth the compensation to be paid by the User Agency for such services, and enumerate other related provisions that contribute to the mutual benefit of the parties to this Agreement. WHEREAS, the User Agency desires Information Systems Services as described in the Appendix to this Agreement; and WHEREAS, the City of Yakima possesses the necessary resources to provide the Information Systems Services to the extent described in this Agreement and is willing to do so according to the terms and conditions contained herein; 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. Implement and maintain the services described in the Appendix to this Agreement. 2. Give the User Agency at least seven (7) days' advance written notice of any change in operation, computer hardware, or software that may foreseeably adversely affect the User Agency, excluding normal upgrades of the operating system or software and excluding emergency operational requirements. 3. Use a reasonable standard of care to insure the security of User Agency data, which shall be no less than the precautions the City of Yakima uses to protect its own confidential information. B. THE USER AGENCY WILL: 1. Provide and maintain any additional computer hardware and/or software necessary for the operation the system(s) described in the Appendix beyond the hardware explicitly provided by the City of Page 1 of 8 6/20/2005 Yakima pursuant to this Agreement. All such equipment and/or software must be approved by the City of Yakima prior to connection to the system, which approval will not be unreasonably withheld. 2. 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 User Agency's hardware. 3. Provide security for criminal record information and/or private, personal, or confidential information contained in the services being provided. C. EFFECTIVE DATE & TERMINATION 1. The effective date of this Agreement will be date this Agreement is signed by both parties. This Agreement shall continue in duration until terminated by either party in accordance with Section (C)(2) of this Agreement. 2. This Agreement may be terminated by either party, with or 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. Implementation costs shall be invoiced immediately upon successful implementation of the system identified in the Appendix. 2. From the effective date of this Agreement to December 31st of the current year, the fees for the Information Systems Services Annual Maintenance shall be prorated in accordance with the attached Appendix. 3. Prior to October 1St of each year during the term of this Agreement, the City shall provide notice in writing to the User Agency of the fee that will be charged during the subsequent year for the services identified in the Appendix. Fees will be billed on January 1st. 4. The User Agency may request additional services beyond those described in the Appendix. In such event, the City Manager (or his designee) is authorized to negotiate a mutually agreeable sum for such additional services. A description of the additional services and consideration shall be reduced to writing in a document signed by the parties. This document shall be made an addendum to this Agreement. Page 2 of 8 6/20/2005 5. The User Agency will pay the full amount of the City's invoice within thirty (30) days of receipt. In the event that either party terminates this Agreement under Section C(2), the City shall be compensated on a pro -rata basis for all services provided to the User Agency under this Agreement up to the effective termination date. E. LIABILITY OF THE CITY OF YAKIMA The City of Yakima shall not be liable to the User Agency, its elected officials, officers, employees, and agents 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, fire, water, energy shortages, failure of its communications or computer 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/PROMISE NOT TO SUE 1. The User Agency agrees to hold harmless, indemnify, protect, and defend the City, its elected officials, officers, employees, and agents from and against any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorneys' fees and disbursements) that result from or arise out of the sole negligence or intentionally wrongful acts or omissions of the User Agency, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non- performance of this Agreement. 2. In the event that the officials, officers, agents, and/or employees of both the City and the User Agency are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees). 3. Nothing contained in this Section or this Agreement shall be construed to create a liability or right of indemnification in any third party. 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 User Agency issues a purchase order, memorandum, specifications, or other instrument covering the services herein provided, such purchase order, memorandum, specifications, or instrument is for the User Agency's internal purposes only and any and all items and conditions contained therein, whether printed or written, shall be of no force or effect. Page 3 of 8 6/20/2005 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 Sr WARRANTIES 1. The User Agency 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 User Agency. 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. NON -WAIVER The waiver by the User Agency or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. M. SURVIVAL Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. Pa 4P 4 of R t/20/2005 N. 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 when mailed or personally delivered. Notices to the City of Yakima shall be delivered to the Yakima Communications Manager at 200 South 3rd Street, Yakima, Washington 98901 and notices to the User Agency shall be delivered to Yakima Fire Protection District 12, 7707 Tieton Drive, Yakima, WA 98908. O. SEVERABILITY 1. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. 2. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. P. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Q. VENUE The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. R. AUTHORITY The person executing this Agreement on behalf of the User Agency represents and warrants that he or she has been fully authorized by the governing body of the User Agency to execute this Agreement on its behalf and to legally bind the User Agency to all the terms, performances and provisions of this Agreement. Page 5 of 8 6/20/2005 S. RECORDING OF AGREEMENT A copy of this Agreement shall be recorded with the Yakima County Auditor. CITY OF YAKIMA R. A. Zais, Jr., City Manager Date: ATTEST: KA.e_„„ /241-4‘42-t. City Clerk City Contract No.1 5 10,3 USER AGENCY Print Name: tJ t ®i- Title: re -r Date: oa `3 Page 6 of 8 6/20/2005 APPENDIX CITY OF YAKIMA INFORMATION SYSTEMS SERVICES AGREEMENT Mobile Data System Including; Mobile Client, AVL and Mapping (PER UNIT COST) The City of Yakima shall provide: 1) An interface to the Computer Aided Dispatch System (CAD) to transfer the incident data from CAD to the Dataradio Mobile Radio system. 2) An agreement with Hitech Systems, Inc and Dataradio for maintenance of the Interface. 3) Licenses for Mobile Client, AVL and Mapping. 4) Annual Technical Services to ensure User Agency's equipment operates within the parameters of the system providers. Does not include parts replacement. 5) The in-house resources necessary to ensure the system continues to operate within the limitations set forth by the system providers. In consideration of these services the City shall receive compensation in the following amounts: Product Hardware License Annual Maintenance Hardware (Hardware is based on latest quotes from Manufacturer and may be subject to change) Dataradio Modem $3,074 Antenna, Mounts, cable $218 Est. shipping $33 tax $273 Installation Software DataLux MDT Computer TCU-TX200-001 (XP) $4,416 Mount LUN -MOUNT -F450 $895 Est.shipping $35 tax $438 Equipment Subtotal $9,382 Complete MDT Install by City (Required) $550 Map Objects $100 Mobile Client $480 $72 AVL Client $80 $35 Mobile Mapping $150 $30 City Tech Services Charge $66 Page 7 of 8 6/20/2005 Initial Install Total Initial Install W/O Equipment Annual Costs $203 $9,932 $810 $203 10;9 $1,013 Subsequent years' Annual Costs shall be determined in accordance with Section D (2) of this Agreement. Included: Yes No Signed Equipment Purchased through City: Yes No Signed Page 8 of 8 6/20/2005 $203 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ) 1 For Meeting Of June 28, 2005 ITEM TITLE: Fire District 12, Information Services Contract SUBMITTED BY: Dennis Mayo, Fire Chief �it'v'l CONTACT PERSON/TELEPHONE: Deputy Chief Brian Schaeffer, 575-6060 SUMMARY EXPLANATION: As a continuing effort to regionalize services and data sharing, West Valley Fire District 12 (WVFD) wishes to enter into an agreement with the City of Yakima to allow them to purchase equipment and services that will give them access to the city's Mobile Data Radio system. The contract allows for reimbursement to the City for all costs, including equipment purchase, software purchase/licensing, installation and on- going technical services. The term of the contract is indefinite with a clause for either party to terminate with a 30 -day notice. The contract also allows for an adjustment to the services fees on an annual basis. Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Fire Protection District 12, 7702 Tieton Drive, Yakima, WA 98908 Phone: 966-3111 Funding Source N/A APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff recommends entering into the proposed agreement as part of our continuing effort on regionalization of services. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION R-2005-99