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HomeMy WebLinkAboutR-2007-153 Police Communications Contract with City of SelahRESOLUTION NO. R-2007-153 A RESOLUTION ratifying a Police Communications Services Contract and a Information Systems Services Agreement with the City of Selah. WHEREAS, the City of Yakima has provided dispatch and communications services to various agencies in Yakima County; and WHEREAS, the City of Selah desires retain these same services from the City of Yakima; 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 Selah 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 "Information Systems Services Agreement" with the City of Selah. ADOPTED BY THE CITY COUNCIL this 6th day of Nove ATTEST: City Clerk 2007. Mayor A - Zoo 7=/s3 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 Selah (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 authority to operate and manage such Yakima Communications Center, including, but not limited to, the authority 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, 9/18/2007 1 of 8 SEPD Dispatch Contract — 2007/08 including the expense of operating all telephone lines terminating at 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 during the User Agency's normal operating hours. 6. Warrants, Stolen Vehicles, Runaways, NOC's. It is the User Agency's responsibility to maintain their law enforcement records accurately. 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 requiring 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 (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 9/18/2007 2 of 8 SEPD Dispatch Contract — 2007/08 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 stopping a vehicle for a traffic violation. 8. Term of Contract. This Contract is for a term commencing November 1, 2007 and terminating at midnight on December 31, 2008. 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 November 1, 2007 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 July 1, 2007 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 2010 the number of incidents and traffic stops shall be the first complete year of statistics with the Yakima Communications Center, which will be 2008 and provided in August of 2009. 9/18/2007 3 of 8 SEPD Dispatch Contract — 2007/08 EXCLUSIONS: For the contract period of November 1, 2007 to December 31, 2007 the cost for the User Agency is based upon estimated incidents and traffic stops provide by the Selah Police Department and will be in the amount of $5,672 or pro rated on a monthly basis during this period. For the contract period of January 1, 2008 and December 31, 2008 the costs shall be based on the incidents, officer initiated events and traffic stops processed by the Yakima Communications Center during the first six months of this contract (July 1 to December 31, 2007) multiplied by two. The cost per incident shall be adjusted January 1, 2008 as indicated above. This information will not be available until January 2008 but the Communications Center shall report monthly during the calendar year 2007 so a trend can be identified. 10. Annual Payment. The User Agency shall be billed the first calendar quarter for dispatch services during 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 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 Contract. 9/18/2007 4 of 8 SEPD Dispatch Contract - 2007/08 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 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 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. During the performance of this Contract, Yakima shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited 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 prior written consent of 9/18/2007 5 of 8 SEPD Dispatch Contract - 2007/08 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 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. 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. 9/18/2007 6 of 8 SEPD Dispatch Contract — 2007/08 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. 19. Signature. The person executing this Contract 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 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. 9/18/2007 7 of 8 SEPD Dispatch Contract - 2007/08 CITY OF YAKIMA R. A. Zais, Jr., City Manager Date: 1/- 7 - 07 City Clerk Contract No. 02007- /(o 76.5449r1 200 7-A5 CITY OF SELAH Bob ones, Mayor Date: ATTEST: ;(74 City Cler i r asurer 9/18/2007 8 of 8 SEPD Dispatch Contract — 2007/08 c.► 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 CITY OF SELAH, 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 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 Page 1 of 8 9/18/2007 beyond the hardware explicitly provided by the City of 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 9/18/2007 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 Page 3 of 8 9/18/2007 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. 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 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. Page 4 of 8 9/18/2007 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 City of Selah, City Supervisor, 115 W. Naches Ave, Selah, WA 98942. 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 9/18/2007 S. RECORDING OF AGREEMENT A copy of this Agreement shall be recorded with the Yakima County Auditor. CITY OF YAKIMA R. A. Zais Jit y Manager City Clerk Contract No. a 7-87 •e,Zeo7-/5 3 CITY OF SELAH ATTEST: City Clerk/Trea . urer Page 6 of 8 9/18/2007 APPENDIX A 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 Mobile Data Radio system. 2) An agreement with Hitech Systems, Inc 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: Software Product Hardware License Annual Maintenance (one-time) Map Objects $100 Mobile Client $480 $72 AVL Client $80 $35 Mobile Mapping $150 $30 City Tech Services Charge $66 Initial Per Unit Install Total $810 $203 $1,013 Subsequent years' Annual Costs shall be determined in accordance with Section D (2) of this Agreement. Page 7 of 8 9/18/2007 Desk Top Services (PER UNIT COST) The City of Yakima shall provide: 1) An interface to the Computer Aided Dispatch System (CAD) 2) An iinterface to the BIS Law Enforcement Records System 3) An agreement with Hitech Systems, Inc for maintenance. 4) Licenses for Hiterm, Hiwin, SB Client and Unidata/Universe. 5) Annual Technical Services to ensure User Agency's equipment operates within the parameters of the system providers. Does not include parts replacement. 6) 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: Annual Product Hardware License Maintenance SB Runtime $36.00 Unidata/Universe License $50.00 Hiterm $55.00 Help Desk Support $648.00 $789.00 Subsequent years' Annual Costs shall be determined in accordance with Section D (2) of this Agreement. Page 8 of 8 9/18/2007 • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.: I For Meeting Of: November 6, 2007 ITEM TITLE: A Resolution ratifying agreements with the City of Selah for: A. Police Communications Services Contract B. Information Systems Services Agreement SUBMITTED BY: Wayne Wantland, Communications Manager CONTACT PERSON/TELEPHONE: same, 575-6048 SUMMARY EXPLANATION: The Yakima Communications Center provides dispatching and communications services for numerous agencies in Yakima County. In 2006, the City of Selah approached the Yakima Communications Center requesting we begin providing these same services for their police department, as well as providing them additional services on their computer systems and mobile data systems. It is anticipated that on December 1, 2007, we will commence the provision of these services and anticipate that this will continue in a Tong -term relationship, mutually beneficial to both parties. Resolution X Ordinance _ Contract _ Other (Specify) Funding Source: APPROVAL FOR SUBMITTAL: Cit anager STAFF RECOMMENDATION: Staff respectfully requests Council authorize the City Manager to enter into the Police Communications Services contract and the Information Systems Services Agreement with the City of Selah. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: