HomeMy WebLinkAboutR-2013-124 Information Technology Services Agreement with City of Selah RESOLUTION NO. R- 2013 -124
A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of
Yakima to execute an Information Technology Services Agreement
with the City of Selah.
WHEREAS, the City of Selah has the desire to use the technical services of the
City of Yakima's Information Technology Services (ITS) Division; and
WHEREAS, the ITS Division has the resources to provide such services without
negatively impacting services already being provided; and,
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to provide ITS services to the City of Selah, in accordance with the terms and
conditions on the attached contract, 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 agreement entitled "Information Technology
Services Agreement" with the City of Selah.
ADOPTED BY THE CITY COUNCIL this 1st day of October, 2013.
1 L.X 6
ATTEST: ������� Micah Cawle , Mayor
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C Clerk , 1 --l� f
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APPENDIX A
CITY OF YAKIMA
INFORMATION TECHNOLOGY SERVICES
AGREEMENT
The City of Yakima will provide services as described below to all City of Selah
departments. Each department's equipment and services, as described in the
attached inventory, will be billed at the rate provided by the City per Section D of
this agreement. All hardware purchases are the responsibility of the City of Selah
and are not included in the service agreement.
Services the City shall provide:
1) All required network access and licensing.
2) Internet and email services
3) Security licensing, software and monitoring
4) Archival and backup services.
5) A primary shared server for all of the User Agency's data
6) The Police and Fire departments mobile services to include Netmotion. Does
not include services provided through YakCorps, Spillman Computer Aided
Dispatch system.
7) Annual technical services to ensure User Agency's equipment operate within the
parameters of the system providers.
8) Equipment repair will only be to the extent of identifying the cause of the issue as
hardware versus software. Minor hardware repairs may be made but parts costs
are not included in this agreement.
9) The in -house resources necessary to ensure the system continues to operate
within the limitations set forth by the system providers.
Page 8 of 8 Selah, City of - IT Services Agreement 2010
(modified for 2013)
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Appendix B
Desktop IT Services
2013 Cost Number of Annual Quarterly
CITY HALL Per Units Maintenance Billing
Work Stations
Admin Cmptr $788.40 8 $6,307.23
Courts Cmptr $394.20 3 $1,182.60
Laptops $788.40 1 $788.40
Server $1,576.81 1 $1,576.81
Wi -Fi Hub $300.00 1 $300.00
CITY HALL SUBTOTAL $9,855.04
PUBLIC WORKS
Work Stations
Admin Cmptr $788.40 7 $5,518.82
Scada Cmptr $394.20 2 $788.40
Wireless Connection $300.00 1 $300.00
PUBLIC WORKS SUBTOTAL $6,607.23
PARKS
Work Stations
Admin Cmptr $788.40 3 $2,365.21
PARKS SUBTOTAL
WASTEWATER
Work Stations
Admin Cmptr $788.40 1 $788.40
WASTEWATER SUBTOTAL
POLICE DEPARTMENT
Work Stations
Admin Cmptr $788.40 14 $11,037.64
FIRE DEPARTMENT
Work Stations
Admin Cmptr $788.40 5 $3,942.02
,Desktop IT Services Total $34,595.541 $8,648.88
Mobile IT Services
POLICE DEPT MOBILE
Tech Services $203.32 16 $3,253.16
FIRE DEPT MOBILE
Tech Services $203.32 3 $609.97
'Mobile IT Services Total $3,863.131 $965.78
Total Citywide Annual Maintenance $38,458.661
(Quarterly Citywide Annual Maintenance $9,614.671
CITY OF SELAH, WASHINGTON
RESOLUTION NO. c ',2,5
�Q
A RESOLUTION authorizing the Mayor to sign an Information Technology Services
Agreement with the City of Yakima.
WHEREAS, the City of Selah has been using the City of Yakima for Information
Technology (IT) Services for the City's Fire and Police Departments;
WHEREAS, the City would like to obtain the same IT Services for the rest of its
departments as well;
WHEREAS, the City of Yakima possesses the necessary resources to provide IT Services
to the City of Selah's departments and is willing to do so;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELAH,
WASHINGTON, HEREBY RESOLVES as follows:
The Mayor is authorized to sign an Information Technology Services Agreement with the
City of Yakima.
PASSED this 13 day of August, 2013.
4/0/
♦ L.r�
John G' ayor
ATTEST: APPROVED AS TO FORM:
Ate ids
De Novobiels', C erk/Treasurer Rob- " . Noe, City Attorney
CITY OF YAKIMA
INFORMATION TECHNOLOGY SERVICES AGREEMENT
THIS INFORMATION TECHNOLOGY SERVICES AGREEMENT
(hereinafter "Agreement "), is made and entered into by and between the CITY OF
YAKIMA, Washington, a municipal corporation (hereinafter "City "), and the
City of Selah (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.
WITNESSETH
WHEREAS, the User Agency desires Information Technology 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 "A"
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.
Page 1 of 8 Selah, City of - IT Services Agreement 2010
(modified for 2013)
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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 "A" 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 is January 1, 2013. 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. Quarterly Payments. The User Agency shall be billed during each
quarter of the calendar year for one quarter of the annual services
costs. The User Agency shall pay for each year's billing for services
within thirty (30) days after billing by Yakima. Payment shall be
made to Yakima City Treasurer, 129 North 2nd Street, Yakima,
Washington.
2. Prior to October e of each year during the term of this Agreement,
the City shall provide notice in writing to the User Agency of the fees
that will be charged during the subsequent year for the services
Page 2 of 8 Selah, City of - IT Services Agreement 2010
(modified for 2013)
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identified in the Appendix "A ". The fees for year 2013 are set forth
in Appendix "B ".
3. The User Agency may request additional services beyond those
described in the Appendix "A ". 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.
E. LIABILITY OF THE CITY OF YAIKIMA
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).
Page 3 of 8 Selah, City of - IT Services Agreement 2010
(modified for 2013)
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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. 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.
Page 4 of 8 Selah, City of - IT Services Agreement 2010
(modified for 2013)
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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.
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 David Kelly, City Administrator, City of Selah, 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
Page 5 of 8 Selah, City of - IT Services Agreement 2010
(modified for 2013)
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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.
S. RECORDING OF AGREEMENT
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
Page 6 of 8 Selah, City of - IT Services Agreement 2010
(modified for 2013)
s2 /2 /7!112
CITY OF Y ' 1 . : op CITY OF SELAH:
Z 41 /
• y O'Ro e, City Manager John t- ayor
Date: (D` Z-I I Date: 041, 1 3 a'))3
A EST: -)'� :;t 1:� TTEST:
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/ A -,,,, ,!. , i . , . 4.0,,,,-._. , ___41,1#
City Clerk' $ . * .. , r l `
e ovob a ls ' � Clerk/Treasurer
Contract No. ;2-471— — / 13
OIw I /3 - /r9-4 -
Page 7 of 8 Selah, City of - IT Services Agreement 2010
(modified for 2013)
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•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.'r
For Meeting of: 10/1/2013
ITEM TITLE: Resolution authorizing Information Technology Services
Agreement with the City of Selah.
SUBMITTED BY: Wayne Wantland, Information Technology Manager
SUMMARY EXPLANATION:
An agreement for the City of Yakima's Information Technology Services (ITS) Division to
provide computer technology support to the City of Selah at an annual cost of $38,458.
Resolution: X Ordinance:
Other (Specify):
Contract: X Contract Term: until terminated by
either party
Start Date: January 1, 2013 End Date:
Item Budgeted: Yes Amount: Revenue:
$38,502.88
Funding Source /Fiscal This contract is a revenue for the City of Yakima. In
Impact: 2013 its value is $38,502.88
Strategic Priority: Partnership Development
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL: 46 City Manager
RECOMMENDATION:
Recommend authorizing the City Manager to sign the agreement with City of Selah.
ATTACHMENTS:
Description Upload Date Type
El Resolution for IT Services - Se lah 9/9/2013 Resolution
El IT Services Agreement with Selah 9/9/2013 Cover Memo