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
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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.
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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.
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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.
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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.
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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
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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
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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
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$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