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HomeMy WebLinkAboutR-1990-D5745 Data Processing Sevices AgreementD • RESOLUTION NO. ea 5 7 4 • • • A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute a Data Processing Services Agreement with the City of Union Gap for use of the City of Yakima public safety computer system. WHEREAS, the City desires to make available to the City of Union Gap access to criminal records and information in the interest of more effective law enforcement in multi -jurisdic- tional operations, and WHEREAS, the City of Union Gap has agreed to the condi- tinns placed upon use of the City of Yakima public safety computer system, including a reasonable user's fee, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute a Data Processing Services Agreement with the City of Union Gap for the purpose described above, a copy of which Agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this D_-- day of 1990. ATTEST RES, UG 12-64 City Clerk Mayor • • • CITY OF YAKIMA - CITY OF UNION GAP DATA PROCESSING SERVICES AGREEMENT This Agreement, made and entered into between the City of Yakima, Washington, a municipal corporation, and the City of Union Gap, Washington, a municipal corporation; WITNESSETH: WHEREAS, The City of Union Gap desires to use the computer resources of the City of Yakima, consisting of equipment, personnel, and the COPS Automated Records System computer software; and the City of Yakima possesses the necessary equipment, personnel, and software to provide computer services to the extent described in this agreement and is willing to provide said computer resources on the terms and conditions defined 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. Provide 8 terminal and printing device connections to the City of Yakima's Public Safety Computer 2. Provide 50 megabytes of on-line disk storage space for exclusive storage of City of Union Gap data. 3. Provide twenty-four (24) hour a day, seven (7) day a week on-line access by the City of Union Gap to the COPS Automated Records System and Primeword Word Processing software operated on the City of Yakima Public Safety Computer system, excluding scheduled or unscheduled downtime for maintenance, or hardware or software malfunctions. 4. Provide programmer time necessary to bring the City of Union Gap on line, and programmer time required to maintain the City of Union Gap's status in accordance with this agreement which may be necessitated by any City of Yakima hardware, software or operating system changes. 5. Give the City of Union Gap at least thirty (30) days' notice of any change in operation, computer hardware, or software that may forseeably adversely affect the City of Union Gap, excluding normal upgrades of the PRIMOS operating system or aforementioned software. Page 1 b- 5 V/ B. THE CITY OF UNION GAP WILL: 1. Provide and maintain any additional computer hardware necessary for the operation of the COPS Automated Records System beyond that hardware explicitly provided by the City of Yakima in this agreement. Such equipment may include, but not be limited to, terminals, printers, multiplexers and modems. All such equipment must be approved by the City of Yakima prior to connection to the system, which approval will not be unreasonably withheld. 2. Provide maintenance and repair for the communications equipment and lines between the City of Yakima and the City of Union Gap. Maintenance on any equipment provided by the City of Yakima must be performed by a vendor approved by the City of Yakima Information Systems Manager. 3. 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 City of Union Gap's hardware. 4. Provide the communication lines between the City of Yakima and the City of Union Gap. 5. Operate the COPS Automated Records System on City of Union Gap premises by City of Union Gap personnel. 6. Provide security for criminal record information contained in the COPS Automated Records System in accordance with applicable chapters of the Revised Code of Washington. 7. Be responsible for any software or hardware changes to the COPS Automated Records System made necessary by PRIME authorized updates to the PRIMOS Operating Systems or other PRIME system utilities. 8. Make no changes to the COPS Automated Records System or the PRIME Operating System. C. EFFECTIVE DATE AND TERMINATION 1. The effective date of the Agreement will be April 1, 1990. The termination date of this agreement will be April 1, 1991. 2. This agreement may be terminated by either party, without cause, by giving written notice to the other party at least 60 days in advance of the intended date of termination. D. CHARGES AND BILLING 1. The monthly fee for the services provided by the City of Yakima will be $ 300.00. Page 2 • • • • 2. If the City of Union Gap requests any changes of service from the City of Yakima, the monthly fee will be renegotiated. Such changes of service may include, but not be limited to, additional disk storage, additional terminal/printer connections, equipment maintenance support, programmer time, or use of additional software. 3. Any time spent by the City of Yakima on programming changes requested by the City of Union Gap will be charged at a rate agreed upon in advance by both parties. 4. The City of Yakima will bill the City of Union Gap on a monthly basis. 5. The City of Union Gap will pay the full amount of the monthly bill within 45 days of its receipt. E. LIABILITY OF THE CITY OF YAKIMA The City of Yakima shall not be liable 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, failure of the PRIME 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. DATA SAFEGUARDS The City of Yakima shall use a reasonable standard of care to insure the security of City of Union Gap data, which shall be no less than the precautions the City of Yakima uses to protect its own confidential information. 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 City of Union Gap issues a purchase order, memorandum, specifications, or other instrument covering the services herein provided, such purchase order, memorandum, specifications, or instrument is for the City of Union Gap'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 AND WARRANTIES 1. The City of Union Gap 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. Page 3 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. 1. 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 City of Union Gap. J. 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 delivery. R. GOVERNING LAW 1. This agreement shall be governed by the laws of the State of Washington. 2. This agreement may not be assigned by either party hereto without the prior written consent of the other party. 3. Time and the punctual performance of each and all of the terms, provisions, and conditions of this Agreement are of the essence. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this .21'4- day of 9 90 . THE CITY OF YAKIMA City Manager ATTEST City Clerk UNION GAP cm coma No. g 0 - Page 4