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,
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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
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• 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
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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.
•
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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
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• 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.
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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.
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• 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