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: