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HomeMy WebLinkAboutAgenda Report - June 1, 2005 E-10AGENDA ITEM Fw 10 CITY OF LODI COUNCIL COMMUNICATION Iii AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Execute an Agreement Between San Joaquin County Data Processing and the City of Lodi Police Department (Estimated Annual Cost $11,857.51) MEETING DATE: June 1,2005 PREPARED BY: Jerry J. Adams, Chief of Police RECOMMENDED ACTION: That the City Council adopt a resolution authorizing the City Manager to execute an agreement between the Lodi Police Department and San Joaquin County, through its Data Processing Division, for Fiscal Year 2005-06 to provide data processing services and access to Automated Message Switching/CJIS Systems, contingent upon the adoption of the 2005-06 Financial Plan and Budget. BACKGROUND INFORMATION: This is a renewal of the yearly contractual agreement between the City of Lodi and the County of San Joaquin. CJIS is the county- wide computer connection that provides the Police Department with State and Federal computer access. (A copy of the proposed agreement is attached.) This data processing service allows the police department to access County warrant information and other criminal justice information housed in the San Joaquin County data base. This information is critical to local law enforcement. FISCAL IMPACT: It is anticipated that the number of transactions with the County computer system will allow us to stay within the monetary parameters scheduled to be approved in the 2005-06 operating budget. FUNDING AVAILABLE: 11,857.51 (Budget Ite 300 Series 101031.7335) J es R. Krueger, in nce i ector Jerry J. Jerry J dams Chief of Police JJAfjmp Attachments cc: City Attomey APPROVED: Blair W g, City Manager council/councom/CountyD Pagmt.doc CLARK BENNETT Director April 1,2005 To Whom It May Concern: COUNTY OFSAN JOAQUIN Information Systems Division 24 South Hunter Street, Room 5 Stockton, California95202 Telephone (209) 468-3940 Fax(209)468-2178 Enclosed is an Agreement for providing services to your agency for Fiscal Year 2005 -06. Please review and sign the Agreement and return the original to me. A copy of the fully executed Agreement will be sent to you. Should you have questions, I can be reached at (209) 468-8436. Sincerely, Allison Boese Senior Office Assistant Enclosure Ingenuity - Commitment - Teamwork Expanding Possibilities... Creating Solutions AGREEMENT THIS AGREEMENT, made and entered into this 1st day of July, 2005 by and between the COUNTY OF SAN JOAQUIN, through its Information Systems Division, hereinafter referred to as "COUNTY" and CITY OT' LORI, hereinafter referred to as "AGENCY"; WITNESSETH: WHEREAS, COUNTY provides services and/or equipment listed in Attachment "A" hereinafter referred to as "COMPUTER SERVICES" to AGENCY; and WHEREAS, COUNTY has certain computer equipment and is able to provide information services which AGENCY desires to use in its operations; WHEREAS, COUNTY'S Information Systems Division services offered to AGENCY under this Agreement differs from that provided in previous years and it is necessary to set out the understanding of the parties as to the extent of services and liability for provision of access to the COMPUTER SERVICES for information. IT IS HEREBY AGREED between the parties as follows: COMPUTER SERVICES FOR ACCESS TO NON -REDUNDANT. NON -FAULT TOLERANT COMPUTER SYSTEMS The COUNTY shall provide to AGENCY the COMPUTER SERVICES of COUNTY'S Information Systems Division. The parties expressly acknowledge that the Information Systems Division computer systems are non -fault tolerant, non -redundant systems which do not provide continuous access seven (7) days a week and twenty-four (24) hours a day. The computer systems may go down and be unable to provide COMPUTER SERVICES at any time of day or night for undeterminable periods of time and also must be scheduled to be taken down for maintenance and repairs from time to time. Therefore, COUNTY does not represent that the COMPUTER SERVICES provided under this Agreement will enable AGENCY to receive information from the computer systems within any specific time period. AGENCY has considered the express limitations sct forth in this Agreement of the COMPUTER SERVICES, together with the needs of AGENCY, and has determined that AGENCY'S business operations require the use of the services set out in this Agreement. COMPENSATION a. COUNTY will provide the COMPUTER SERVICES for the estimated annual amount of compensation as shown in Attachment "A". COUNTY shall bill AGENCY only for actual COMPUTER SERVICES provided, one month after COMPUTER SERVICES are provided. AGENCY shall provide full payment to COUNTY of the billed amount by the fifteenth day of the elate of billing;. In (lie cvcnt payment is not niade in accordance with this provision COUNTY may, at its option, terminate the agreement in accordance with the provisions of Paragraph 5. b. In the event that the AGEN CY's estimated quantities, as indicated in Attachment "A", are exceeded for any reason, County may evaluate and, if necessary, increase the quantities indicated in Attachment "A", which may also result in the estimated annual amount of � wnrt+ruslhoil 111m � hkt 11l4 11 10 ile miteased. County IN -ill notify AGENCY, in writing, no less than thirty (30) calendar days in advance of any intended increase of estimated annual amount of compensation. AGENCY shall be allowed the option to terminate this agreement in accordance with the provisions of Paragraph 5 in the event of an increase in the estimated annual amount of compensation In the event that County's cost of Computer Services are increased due to any reason, County may increase the rate of compensation, as indicated in Attachment 'W', which may also result in the estimated aiimial amount of compensation provided herein to be increased. County will notify AGENCY, in writing, no less than thirty (30) calendar days in advance of any intended increase of estimated annual amount of compensation. AGENCY shall be allowed the option to terminate this agreement in accordance with the provisions of Paragraph 5 in the event of an increase in the estimated annual amount of compensation. OPTIONAL SERVICE AND EQUIPMENT COMPUTER SERVICES under this agreement are limited solely to the ongoing services, systems, and equipment listed in Attachment "A" which are in operation on the effective date of this agreement. Services and/or equipment not covered in this agreement may be provided to AGENCY at COUNTY'S option subject to the following conditions: (a) AGENCY must submit a written request for the additional services and/or equipment which has been signed by the appropriate agency official, and (b) Additional services, andior equipment shall he provided at the current rates of compensation and shall be billed as additional items over and beyond the total estimated annual amount compensation designated in this agreement. Maintenance in connection with the equipment provided under this agreement is included in the rate of compensation for equipment and will not be billed as an additional charge to AGENCY. 4. TERM The term of this contract shall be one year beginning July 1, 2005 and ending June 30, 2006 TERMINATION This contract may he terminated by either party upon thirty (30) calendar days advance written notice to the other pasty. Notwithstanding such termination, AGENCY shall compensate COUNTY for the actual COMPUTER SERVICES provided through the date the termination of the contract is effective. If AGENCY fails to timely compensate COUNTY as provided in this contract, AGENCY shall be held liable for the reasonable cost of collecting such compensation including attorneys fees and court costs incurred by COUNTY. In no event shall COUNTY be liable for reimbursing AGENCY for the costs to procure alternative services to those services provided under this Agreement regardless of whether AGENCY or COUNTY initiates termination of the Agreement. b. All rental equipment in the possession of AGENCY shall he returned to COUNTY in the sank condition as it was delivered to AGENCY, less normal wear and tear. COUNTY shall be compensated by contractor for all loss or damage to said equipment which is not the result of a willful or negligent act by COUNTY and which does not constitute normal wear and tear. 6. INDEMNIFICATION AND HOLD HARMLESS The AGENCY agrees that it shall indemnify, defend and hold harmless the COUNTY, the members Pi of its Board of Supervisors, its officers, agents, and employees, from and against all demands, claims, damages, losses, expenses, and costs including attorneys' fees and court costs arising out of and/or resulting from the performance of the activities and services contemplated by this agreement, except for demands, claims, damages, losses, expenses, and costs resulting from the sole and exclusive negligence of the COUNTY, or it's agents, or those brought by employees or agents of COUNTY concerning their employment or agency relationship. 7. LIMITATIONS OF LIABILITY In no event shall COUNTY be responsible for any damage, compensatory, consequential, punitive, or special in the event that the AGENCY is unable to access and/or obtain information from COMPUTER SERVICES of COUNTY. This Agreement shall not be construed to he either a representation or a warranty to AGENCY that it will be able to access and obtain information from the COMPUTER SERVICES at any particular time or within any particular response time. COUNTY does not grant any warranty as to the validity, completeness or usefulness of any information received by AGENCY from the COMPUTER SERVICES. COUNTY shall not be responsible nor liable for the costs to AGENCY to procure alternative services to the services provided for under this Agreement or upon termination of this Agreement by either party. In the event of errors in COMPUTER SERVICES due to the failure of COUNTY'S equipment, software, circumstances beyond the control of COUNTY, or the failure of COUNTY'S employee(s) to operate the equipment in accordance with COUNTY'S standard operating procedures, or COUNTY'S inability to provide COMPUTER SERVICES due to circumstances beyond its control, COUNTY'S liability shall be limited to either subparagraph (a) or (b) below, either of which will be considered to be AGENCY exclusive remedy: (a) The correction of errors of which COUNTY has received written notice and proof or the performance of the service, whichever is the situation; or (b) Where such correction or performance of service is not practicable, AGENCY shall he entitled to an equitable credit not to exceed the charges invoiced to AGENCY for that portion of the service which produced the erroneous result or for that portion of the service which could not be performed, whichever is the situation. COUNTY shall be liable for the loss, destruction or damage to AGENCY supplied materials only if such loss, destruction, or damages was due to the negligence of COUNTY and AGENCY sole remedy shall he COUNTY restoring the same, provided such restoration can be reasonably performed by COUNTY and provided that AGENCY provides COUNTY with all source data necessary for such restoration in similar form to that normally presented to COUNTY under this Agreement. 8. INDEPENDENT CONTRACTOR The AGENCY, and the agents and employees of AGENCY, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of COUNTY. 9. ASSIGNMENT Without the written consent of COUNTY, this agreement is not assignable by AGENCY either in Whole or nl hart. lll. I'IML OFTHE ESSENCE Time is of the essence in this agreement. 11. MODIFICATIONS No alteration, variation, or modification ofthe terms of this contract shall be valid unless made in writing prior to the effective date and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. 12. COMPLIANCE WITH LAWS AGENCY shall comply with the California Fair Employment Practices Act (Labor Code Section 1410, et seq.) and any amendments thereto. This contract may, at the option of COUNTY, be terminated or suspended in whole or in part in the event AGENCY fails to comply with the nondiscrimination clause of the contract. In the event of termination under this paragraph, COUNTY shall be compensated for goods and services provided to the date of termination. Termination or suspension shall be effective upon receipt of written notice thereof. 13. CONFIDENTIALITY AGENCY, its employees, officers, and agents shall protect and keep all information and materials obtained through the services of this agreement confidential and from unauthorized use and disclosure. This clause shall not apply to that information which is or becomes a public record subject to the disclosure requirements of the Public Records Act. 4 IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first written above. APPROVED AS TO FORM: TERRENCE R. DERMODY County Counsel By �. R68, DI N Assistant County Counsel 5 COUNTY OF SAN JOAQUIN, a political subdivision of the State of California By CLARK BENNETT Information Systems Director "COUNTY" CITY OF LODI Rv Title "AGENCY" City of Lodi and San Joaquin County Rate Schedule Fiscal Year 2005/2006 Computer Services Automated Message Switching System Access CHS System Access Attachment A Estimated Estimated Estimated Annual Estimated Service Quantity Type Rate cost Total Telephone Line Charge * Special Processing Request Transactions "Total Estimated Annual Cost 12 Month $ 101.96 8 Hours $ 79.25 200,000 Each $ 0.05 $ 1,223.51 $ 634.00 $ 101000.00 $ 11,857.51 * Special Processing Requests require written authorization specifying work to be performed. Page 1 RESOLUTION NO. 2005-107 A RESOLUTIONOF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SAN JOAQUI N COUNTY TO PROVIDE DATA PROCESSING SERVICES AND ACCESS TO AUTOMATED MESSAGE SWITCHING/CJIS SYSTEMS BY LODI POLICE DEPARTMENT FOR FISCAL YEAR 2005-06 WHEREAS, San Joaquin County provides to the City of Lodi access to Automated Message Switch ing/CJ IS Systems; and WHEREAS, San Joaquin County has certain data processing equipment and is able to provide data processing services, which the City of Lodi desires to use in its operations. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to enter into an agreement with San Joaquin County, through its Data Processing Division, for fiscal year 2005-06 to provide data processing services and access to Automated Message Switching/CJIS Systems to the Lodi Police Department, in an amount not to exceed $11,857.51; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute said agreement on behalf of the City of Lodi. Dated: June 1,2005 hereby certify that Resolution No. 2005-107 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 1,2005, by the following vote: AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Johnson, Mounce, and Mayor Beckman NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS— None i ON USAN J. BLACK ON City Clerk 2005-107