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HomeMy WebLinkAbout01/08/2008 17 City of Union Gap Police Comm. Services and Equipment Repair and Maint. Agreements Renewal BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON II! AGENDA STATEMENT Item No. 7 For Meeting Of January 8, 2008 ITEM TITLE. A Resolution Authorizing the City Manager to enter into a renewal of; A) Police Communications Services Contract and B) Communications Equipment Repair and Maintenance Services Agreement with the City of Union Gap SUBMITTED BY Wayne Wantland, Communications Manager CONTACT PERSON/TELEPHONE. same, 575 -6048 SUMMARY EXPLANATION The Yakima Communications Center has provided dispatching and communications services for the City of Union Gap Police Department for many years For 2008 we have updates these contracts to address the changing method in which we provide these services to include a new methodology for computing the dispatching fees and an adjustable fee structure for repair and maintenance that takes into account the number and type of units covered With these new contracts in place, both parties will more easily be able to identify the costs and the method of 0 computing those costs. Resolution X Ordinance _ Contract _ Other (Specify) Funding Source APPROVAL FOR SUBMITTAL. /� A.fir,, C ity anager STAFF RECOMMENDATION- Staff respectfully requests Council authorized the City Manager to enter into the Police Communications Services Contract and the Communications Equipment Repair and Maintenance Services Agreement with the City of Union Gap BOARD /COMMISSION RECOMMENDATION COUNCIL ACTION III RESOLUTION NO R -2008- A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Police Communications Services Contract and a Communications Equipment Repair and Maintenance Services Agreement with the City of Union Gap WHEREAS, the City of Yakima has provided dispatch and communications services to the City of Union Gap for many years, and WHEREAS, the City of Union Gap desires to continue these same services from the City of Yakima under revised terms and conditions, and, WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to provide these services to the City of Union Gap in accordance with the terms and conditions on the attached contracts, 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 agreements entitled "Police Communications • Contract" and "Communications Equipment Repair and Maintenance Services Agreement" with the City of Union Gap ADOPTED BY THE CITY COUNCIL this 8th day of January, 2008 Mayor ATTEST City Clerk i • POLICE COMMUNICATIONS SERVICES CONTRACT THIS POLICE COMMUNICATIONS SERVICES CONTRACT, (hereafter the "Contract ") is made and entered into by and between the City of Yakima (hereinafter "Yakima ") and the City of Union Gap (hereinafter the "User Agency ") WITNESSETH WHEREAS, Yakima has the ability to provide dispatching services to the User Agency for the handling and processing of emergency and non - emergency incidents and traffic stops, WHEREAS, Yakima and the User Agency, desire to enter into a contract for such services, NOW, THEREFORE, pursuant to RCW 39.34 and the mutual covenants, promises, and agreements set forth herein, it is agreed by and • between Yakima and the User Agency as follows 1 Yakima Communications Center. Yakima shall continue to operate a central facility to be known as the Yakima Communications Center within the City of Yakima and shall use the same for the purpose of receiving police incidents from the area served by the User Agency, and shall dispatch police units in answer to any such emergency incidents, shall monitor the activity of the User Agency's police units for traffic stops and for other related business. 2 Authority of Dispatch Center. It is agreed that the duty of operating the Yakima Communications Center and the complete management thereof is vested in Yakima and that Yakima shall have the full, complete, and exclusive authonty to operate and manage such Yakima Communications Center, including, but not limited to, the authonty to hire and fire employees for such office. 3. Expense of Maintenance and Operation The expense of continued maintenance and operation of the Yakima Communications Center, 9/26/2007 1 of 7 2007 -09 UGPD Dispatch Contract.doc including the expense of operating all telephone lines terminating at 10 the Yakima Communications Center, and including the maintenance of equipment located within the Yakima Communications Center shall be borne by Yakima. 4 Polices and Procedures. Yakima and the User Agency shall jointly develop policies and procedures for processing the User Agency's activities. While some custom policies and/or procedures will be accommodated, due consideration shall be made to standardization whenever possible 5 After Hours, Non - Emergency Call Handling The Yakima Communications Center shall provide a telephone number for the User Agency to transfer their non - emergency, main business telephone number to for coverage after the User Agency's business hours. Normally this shall be from 1800 hours to 0700 daily, weekends and federally observed holidays. The Communications Center shall process the dispatchable calls received and shall advise callers with non - emergency business inquiries to call back dunng the User Agency's normal operating hours. 411 6 Warrants, Stolen Vehicles, Runaways, NOC's. The Yakima Communications Center shall maintain the User Agency's law enforcement records. The Communications Center shall work with the User Agency, following established policies and procedures, for processing these records outside of the User Agency's business hours. 7. Definitions. An incident to be charged for under the terms of this Contract is defined as follows: A. An incident is defined as: A call requinng the dispatch of police unit(s) from the User Agency Any number of vehicles from the User Agency may answer any such incident. All communications dealing with such incident shall be deemed as one (1) incident. B An Officer Initiated Event is defined as: A User Agency police unit informs dispatch they are taking an action that requires a 4110 9/26/2007 2 of 7 2007 -09 UGPD Dispatch Contract.doc • dispatch record. This excludes such non - emergency activity such as, taking lunch, out at station, out with a citizen that does not create any additional actions by dispatch. Actions that require wants /warrant checks, case numbers, etc. do qualify as an Officer Initiated event and is billable C Traffic Stop is defined as: An officer initiating an incident that strictly involves stoppmg a vehicle for a traffic violation. 8 Term of Contract. This Contract is for a term of two (2) calendar years commencing January 1, 2008 and terminating at midnight on December 31, 2009 9 Cost of Service. Yakima shall maintain a record of all the User Agency's incidents, including traffic stops and officer initiated events and Yakima shall charge the User Agency for each incident as stated herein. The base cost per incident as of January 1, 2008 shall be eight dollars and ten cents ($8 10) for dispatch or officer initiated incidents other than traffic stops. The base cost for traffic stops as of January 1, 2008 shall be four dollars and five cents ($4 05) The cost per incident or traffic stop for each year of the contract shall be upwardly adjusted effective January 1, by an amount equal to the previous calendar year cost per incident or traffic stop, multiplied by four percent (4 %) To accommodate the User Agency's budget cycle Yakima shall provide, in writing by the month of August of the preceding year to the billing year, the cost for dispatch services for the following year based on the previous calendar year's incidents and traffic stops handled by Yakima for the User Agency, times the cost per run rate applicable for the respective year Example for the calendar year 2008 the Cost of Service shall be based on the number of incidents and traffic stops during the calendar year 2006 110 9/26/2007 3 of 7 2007 -09 UGPD Dispatch Contract.doc EXCLUSIONS: • For the contract penod of January 1, 2008 to December 31, 2008 the cost for service to the User Agency shall be the cost computed from the above calculation times ninety -three percent (93 %) For the contract period of January 1, 2009 and December 31, 2009 the cost for service shall be based on the full costs as computed in the above calculation. 10 Annual Payment. The User Agency shall be billed the first calendar quarter for dispatch services dunng that calendar year The User Agency shall pay for each year's billing for services within sixty (60) days after billing by Yakima. Payment shall be made to Yakima City Treasurer, 129 North 2 Street, Yakima, Washington. 8 Early Termination of Contract. Any party hereto may terminate this Contract, with or without cause, by providing sixty (60) days written notice of termination to each of the parties to this Contract. 9 Liability of Yakima. 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 mability 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 Contract. 10. INDEMNIFICATION/PROMISE NOT TO SUE. A. The User Agency agrees to hold harmless, indemnify, protect, and defend Yakima, 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 arse out of 9/26/2007 4 of 7 2007 -09 UGPD Dispatch Contract.doc the sole negligence or intentionally wrongful acts or omissions of the User Agency, its elected officials, officers, employees, and agents m connection with or incidental to the performance or non - performance of this Contract. B In the event that the officials, officers, agents, and/or employees of both Yakima 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) C Nothing contained in this Section or this Contract shall be construed to create a liability or right of indemnification in any third party 11 Nondiscrimination Provision Dunng the performance of this Contract, Yakima shall not discriminate on the basis of race, age, color, sex, religion, national ongin, creed mantal status, political affiliation, or the presence of any sensory, mental or physical handicap This provision shall include but not be hmited to the following. Employment, upgrading, demotion, transfer, recruitment, advertising, layoff, or termination, rates of pay or other forms of compensation, and selection for training. 12 No Insurance. It is understood Yakima does not maintain liability insurance for the User Agency and/or their employees. 13. Assignment. This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part to any other person or entity without the pnor wntten consent of Yakima. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities the User Agency stated herein. 14. SEVERABILITY 1 If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid m whole or in 9/26/2007 5 of 7 2007 -09 UGPD Dispatch Contract.doc part, the validity of the remaining provisions shall not be affected, 410 and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be mvalid. 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. 15 Integration. This written document constitutes the entire agreement between Yakima and the User Agency There are no other oral or written agreements between the parties as to the subjects covered herein. No changes or additions to this Contract shall be valid or binding upon either party unless such change or addition be in writing and executed by all parties. 16 REPRESENTATIONS & WARRANTIES • 1 The User Agency acknowledges that it has not been induced to enter into this Contract 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 Contract. 17. Governing Law. This contract shall be governed by and construed in accordance with the laws of the State of Washington. 18 Venue. The venue for any action to enforce or interrupt this Contract shall lie in the Superior Court of Washington for Yakima County Washington. • 9/26/2007 6 of 7 2007 -09 UGPD Dispatch Contractdoc 19 Signature. The person executing this Contract on behalf of the User Agency represents and warrants that he or she has been fully authonzed by the governing body of the User Agency to execute this Contract on its behalf and to legally bind the User Agency to all the terms, performances and provisions of this Contract. A copy of this Agreement shall be recorded with the Yakima County Auditor CITY OF YAKIMA CITY OF UNION GAP .‘.r a ..�_ R. A. Zais, Jr , City Manager Date Title, Date J,2 — //- o 7 ATTEST ATTEST City Clerk City Clerk Contract No Contract No 9/26/2007 7 of 7 2007 -09 UGPD Dispatch Contract.doc • CITY OF UNION GAP, WASHINGTON RESOLUTION NO. 701 A RESOLUTION authorizing the Mayor to sign a Police Communications Service Contract with the City of Yakima. WHEREAS, the City of Union Gap's Police Department is in need of dispatching services to provide response to emergency and non - emergency incidents, WHEREAS, the City of Yakima is able to provide dispatching services to Union Gap so that Union Gap police can respond to incidents, WHEREAS, the City is authorized under the Interlocal Cooperation Act, RCW 39 34, to contract with Yakuna for the dispatching services, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNION GAP, WASHINGTON, HEREBY RESOLVES as follows The Mayor is authorized to sign a Police Communications Services Contract with the City of Yakima. PASSED this 10 day of December 2007 • 4 or% Aubrey Reeves, Jr., May ATTEST APPROVED AS TO FORM V o\- • *Soy. C Kathryn ompson, MC, City Clerk Robert F oe, City Attorney 111 • COMMUNICATIONS EQUIPMENT REPAIR AND MAINTENANCE SERVICES AGREEMENT THIS COMMUNICATIONS EQUIPMENT REPAIR AND MAINTENANCE SERVICES AGREEMENT (hereinafter "Agreement"), is made and entered into by and between the CITY OF YAKIMA, Washington, a municipal corporation (hereinafter "City "), and CITY OF UNION GAP, Washington, a Washington municipal corporation (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 contnbute to the mutual benefit of the parties to this Agreement. WITNESSETH WHEREAS, the User Agency owns certain communications and electronics equipment that requires regular repair and maintenance service, and • WHEREAS, the City of Yakima possesses the necessary resources to provide the Equipment Repair and Maintenance Services to the extent described in this Agreement and is willing to do so according to the terms and conditions contained herein, NOW, THEREFORE, pursuant to RCW 39.34 and in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between Yakima and the User Agency as follows 1 SCOPE OF SERVICES Yakima agrees to repair and maintain the communications and electronics equipment owned by the User Agency as identified on a mutually agreed upon equipment list and incorporated by reference. All repair and maintenance services will be done at the Yakima Electronics Maintenance Facility during regular business hours, unless agreed to otherwise by the parties in writing. "Repair and maintenance" shall include, but not be limited to, providing all parts and labor reasonably required to repair such equipment which has become defective through normal wear and usage, and providing all parts and labor required for preventative maintenance of the same Page 1 of 7 Comm Equip Mamt Contract.doc E • 2 EXCLUDED SERVICES The following is a list of items not covered under the terms of this agreement. • Parts costs that exceed Fifty dollars ($50 00) on any one occurrence with one unit. • Installation of any equipment. • Battenes for portable radios. • Reprogramming of radio except as part of repair and maintenance 3. CHARGES AND BILLING (a) In consideration of the repair and maintenance services provided hereunder by Yakima dunng calendar year 2008, User Agency shall pay Yakima a "basic annual rate" of the following on a per unit basis Mobile Unit. $80 00 Portable $30 00 Base station $110 00 For purposes of this agreement a mobile unit will consist of mobile radio and accessories, siren, emergency lights, but specifically exclude mobile data equipment covered under the Information System Services Agreement. (b) Yakima shall maintain a list of equipment covered under this agreement. It shall be the User Agency's responsibility to update that list as changes occur to have the equipment subject to these terms and conditions. (c) In consideration of the repair and maintenance services provided hereunder by Yakima for each subsequent calendar year, User Agency shall pay Yakima the amount of the previous year's per unit basic rate plus a four percent (4 0 %) inflation factor (d) The User Agency may request additional services beyond those described in this Agreement. In such event, the City Manager (or his designee) is authorized to negotiate a mutually agreeable sum for Page 2of 7 Comm Equip Maint Contract.doc • 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. (e) The City shall invoice the User Agency at the beginning of the calendar year for that year's services. 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 5(b), 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 (f) All payments due under this Agreement shall be made and delivered by the User Agency to the Office of the Director of Finance and Budget, 129 North Second Street, Yakima, Washington 98901 4. NOTIFICATION OF NEED FOR REPAIR/MAINTENANCE The User Agency shall notify Yakima upon its discovery of failure of any listed equipment, or when such equipment is determined by the User Agency to need maintenance work. The User Agency shall transport the equipment to and from the Yakima Electronics Maintenance Facility Yakima shall service and ` return the equipment as required by this Agreement within a reasonable time. 5. EFFECTIVE DATE AND TERM OF AGREEMENT (a) The effective date of this Agreement will be January 1, 2008 This Agreement shall continue in duration until terminated by either party in accordance with Section 5(b) of this Agreement. (b) This Agreement may be terminated by either party, with or without cause, by giving written notice to the other party at least thirty (30) days in advance of the intended date of termination. 6. 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 Page 3of 7 Comm Equip Maint Contract.doc providing, services herein, if due to any cause beyond the City of Ya1uma'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. 7. INDEMNIFICATION/PROMISE NOT TO SUE (a) 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, hens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorneys' fees and disbursements) that result from or apse 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. (b) 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). (c) Nothing contained in this Section or this Agreement shall be construed to create a liability or right of indemnification in any third party 8. 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 pnnted or written, shall be of no force or effect. Except as herein expressly 4 10 provided to the contrary, the provisions of this Agreement are for the Page 4of 7 Comm Equip Ma.int Contract.doc • benefit of the parties hereto solely and not for the benefit of any other person, persons, or legal entities. 9. REPRESENTATIONS & WARRANTIES a 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 b 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. 10. 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 11. ASSIGNMENT This Agreement may not be assigned by either party hereto without the prior wntten consent of the other party 12. 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. 13. 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. 110 Page 5of 7 Comm Equip Mamt Contract.doc 14. SURVIVAL 1111 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. 15. 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 City of Union Gap, Police Chief, 1800 Rainier Place, Union Gap, WA 98903 16. SEVERABILITY a If a court of competent junsdiction 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' nghts and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. b 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. 17. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Page 6of 7 Comm Equip Maint Contract.doc • 18. VENUE The venue for any action to enforce or interpret this Agreement shall he m the Superior Court of Washington for Yakima County, Washington. 19. 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. 20. RECORDING OF AGREEMENT A copy of this Agreement shall be recorded with the Yakima County Auditor CITY OF YAKJMA CITY OF UNION GAP ("Th c R. A. Zais, Jr , City Manager er g Date Title Date / . 2 —J /-' e' 7 - ATTEST ATTEST City Clerk City Clerk • Contract No Contract No Page 7of 7 Comm Equip Maint Contract.doc • CITY OF UNION GAP, WASHINGTON RESOLUTION NO. 702 A RESOLUTION authonzing the Mayor to sign a Communications Equipment Repair and Maintenance Services Agreement with the City of Yakima. WHEREAS, the City of Union Gap's Police Department maintains and utilizes various equipment necessary to engage in communications vital to the function of the Department, WHEREAS, that communications equipment requires regular maintenance, service, and repair; WHEREAS, the City of Yakima has the expertise and technical skills to maintain, service and repair the communications equipment and the City of Yakima is able to provide its expertise and technical assistance to the Police Department; WHEREAS, the City is authonzed under the Interlocal Cooperation Act. RCW 39 34 to contract with Yakima for such services, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNION GAP, WASHINGTON, HEREBY RESOLVES as follows The Mayor is authorized to sign a Communications Equipment Repair and Maintenance Services Agreement with the City of Yakima. PASSED this 10 day of December 2007 Aubr Reeves, Jr , or ATTEST APPROVED AS TO FORM A110 - Kathryn hompsono, CMC, City Clerk obe v. " " oe, ity Attorney 111