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HomeMy WebLinkAboutR-1991-D6035 Dispatching / Union GapRESOLUTION NO. D 6035 A RESOLUTION authorizing the execution of a contract with the City of Union Gap for the sale of law enforcement dispatching services. WHEREAS, the City of Yakima possesses the necessary equipment, personnel, and computer software to provide law enforcement dispatching services to the City of Union Gap as well as the City of Yakima; and WHEREAS, the City of Union Gap desires to use the law enforcement dispatching resources of the City of Yakima; and WHEREAS, the City of Union Gap is willing to pay the City of Yakima $3,750.00 per month for a total of $45,000.00 per year for the provision of law enforcement dispatching ser- vices; and WHEREAS, the unification of the City of Yakima and City of Union Gap law enforcement dispatching services should result in greater cooperation between the City of Union Gap Police and City of Yakima Police and greater sharing of infor- mation; and WHEREAS, the City Council finds that shared law enforce- ment dispatching services will result in more efficient and economical provision of law enforcement services to the citi- zens of the City of Yakima, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute an agreement with the City of Union Gap for the pur- pose mentioned above, a true copy of which agreement, entitled "Law Enforcement Dispatching Services Agreement," is attached hereto and b, reference made a part hereof. ADOPTED BY THE CITY COUNCIL this /7 day of c/D,,.s.� '. 1991. ATTEST: City Clerk (res/dsptch.jw) Qt -z Mayor FY OF YAKIMA - CITY OF UNION G, .P LAW ENFORCEMENT DISPATCHING 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 law enforcement dispatching resources of the City of Yakima, consisting of equipment, personnel, and the Computer Aided Dispatching System computer software; and the City of Yakima possesses the necessary equipment, personnel, and computer software to provide law enforcement dispatching services to the extent described in this agreement and is willing to provide said 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 SHALL: 1. Provide telephone and radio communication personnel and equipment sufficient to enable it to answer the law enforcement related telephone communications of the City of Union Gap and relay such communications to City of Union Gap police officers. 2. Answer incoming emergency calls for service from the jurisdiction of the Union Gap Police Department and dispatch Union Gap Police Officers via Yakima Police Department radio frequency twenty-four hours per day in accordance with mutually agreed upon procedures. 3. Answer incoming non -emergency calls directed to the Union Gap Police Department via their designated business telephone number during the hours of 5:00 P.M. to 8:00 A.M. and route calls or redirect callers in accordance with mutually agreed upon procedures. 4. Provide two-way radio communications and associated dispatching services in accordance with agreed upon procedures during the hours set out in section 3. above. 5. Comply with the provisions of any mutually agreed upon operating agreements. 6. Give the City of Union Gap at least thirty (30) days' notice of any change in operation that may foreseeably adversely affect the City of Union Gap. z1 -0,35 1 B. THE CITY OF UNICA GAP SHALL: 1. Provide and maintain any telephone lines and associated equipment necessary to route City of Union Gap law enforcement telephone calls to the City of Yakima police communications center. 2. Provide maintenance and repair for the telephone equipment and lines between the City of Yakima and the City of Union Gap. 3. Provide and maintain mobile two-way radio equipment capable of communicating with the City of Yakima police communications center. 4. Provide and maintain Mobile Data Terminals and associated equipment capable of communicating with the City of Yakima Automated Records System and Computer Aided Dispatch System within thirty (30) days of the time that the City of Yakima begins to use such equipment for law enforcement communications. 5. Use the Yakima Police radio frequency in accordance with applicable laws, operating agreements, and generally accepted police radio communications practice. 6. Comply with the provisions of any mutually agreed upon operating agreement. C. EFFECTIVE DATE AND TERMINATION 1. The effective date of the Agreement will be January 1,1992. The termination date of this agreement will be December 31,1992. 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 three thousand seven hundred and fifty dollars ($3,750.00). 2. The City of Yakima will bill the City of Union Gap on a quarterly basis. 3. The City of Union Gap will pay the full amount of the quarterly bill within 45 days of its receipt. 4. If the City of Union Gap requests any changes of service from the City of Yakima, the fee will be renegotiated. 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 its communications or computer 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 The City of Union Gap shall hold harmless, defend, and indemnify the City of Yakima, its officers, agents, officials, employees, volunteers, or assigns from any and all future litigation or claim of a third party that may arise in connection with the performance of this contract; PROVIDED this promise to hold harmless, defend, and indemnify shall not apply to injury or damage due to any cause within the City of Yakima's control. Moreover, the City of Union Gap hereby waives and promises not to make any claim or institute any lawsuit based upon any claim, loss, or injury to the City of Union Gap, its officers, agents, officials, employees, volunteers, or assigns, due to any cause beyond the City of Yakima's control, such as, but not limited to, power outage, failure of its communications or computer 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. 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. 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 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. Notices to the City of Yakima shall be delivered to the Yakima City Manager at 129 North Second Street, Yakima, Washington, 98901 and notices to the City of )ion Gap shall be delivered to the ' 'on Gap City Manager at 102 West Ahtanum, Union Gap, Washington, 98903. K. 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. 4. Venue shall be Yakima County, Washington. 5. A copy of this agreement shall be filed with the City Clerks of the cities of Yakima and Union Gap, shall be recorded with the Yakima County Auditor, and shall be delivered to the Secretary of the State of Washington. IN WITNESS�W�HEREOF4i 7a.rties heret this �.� day of ave executed this Agreement ,19 9/ THE CITY OF YAKIMA City Manager ATTEST: ATTEST: City Clerk City Clerk L , ITEM TITLE: BUSINESS OF THE CITY COUR YAKIMA, WASHINGTON AGENDA STATEMENT Item No. CI For Meeting Of 12/17/91 Consideration of a Resolution Authorizing Execution of a Contract with Union Gap for the Sale of Law Enforcement Dispatching Services SUBMITTED BY: Police Departm CONTACT PERSON/TELEPHONE: Pleas J. Gree , hief of Police, 575-6061 SUMMARY EXPLANATION: The attached agreement between the City of Union Gap and the City of Yakima provides for their use of our law enforcement dispatch services. The Union Gap Police Department currently contracts with us for use of our public safety computer system and this is a logical outgrowth of that agreement. They desire to use mobile data terminals tied to that system to provide their officers more effective and efficient communications and greater access to information. We intend to implement such a system in early 1992, and their current dis- patch service provider, the county sheriff's department, has no plans to provide such ser- vice. Union Gap has agreed to pay $3,750 per month ($45,000 annually) for dispatch services, and this agreement is re -negotiable annually. X Resolution Ordinance X Contract Minutes Plan/Map Notification List Other (Specify) City Manager APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt resolution and execute agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: