HomeMy WebLinkAboutAgenda Report - September 6, 2006 E-10AGENDA ITEM E` 10
&1% CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution authorizing City Manager to renew agreement between San
Joaquin County Data Processing and the City of Lodi Police Department
(Estimated Annual Cost $16,738.51)
MEETING DATE: September 6, 2006
PREPARED BY: Jerry J. Adams, Chief of Police
RECOMMENDED ACTION: That the City Council adopt a resolution authorizing the City
Manager to renew an agreement between the Lodi Police
Department and San Joaquin County, through its Data
Processing Division, for Fiscal Year 2006-07 to provide data
processing services and access to Automated Message
Switching/CJIS Systems.
BACKGROUND INFORMATION: This is a renewal of the yearly contractual agreement between
the City of Lodi and the County of San Joaquin. Criminal
Justice Information System (CJIS) is the county -wide
computer connection that provides the Police Department with
State and Federal computer access. (A copy of that 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 our number of transactions with the County
computer system will allow us to stay within the monetary parameters
approved in the 2006-2007 operating budget.
FUNDING AVAILABLE: ;$138.51 (Budget Item 300 Series 101031.7335)
Paiste, FinanciaE ices Man ger
Jefry J. Adams
Chief of Police
JJA:sm
Attachments
APPROVED:
B ing, City Manager
AGREEMENT
THIS AGREEMENT, made and entered into this 1 st day of July, 2006 by and between the COUNTY OF
SAN JOAQUIN, through its Information Systems Division, hereinafter referred to as "COUNTY" and CITY OF
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
set 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.
2. 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 date of billing. In the event payment is not made 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 AGENCY'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
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.
C. 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 annual 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, and/or equipment shall be 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.
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The term of this contract shall be one year beginning July 1, 2006 and ending June 30, 2007
5. TERMINATION
a. This contract may be terminated by either party upon thirty (30) calendar days advance
written notice to the other party. 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
same 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.
INDEMNIFICATION AND HOLD HARMLESS
The AGENCY agrees that it shall indemnify, defend and hold harmless the COUNTY, the members
2
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 be 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 be
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 be 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. ASSIQNNKNT
Without the written consent of COUNTY, this agreement is not assignable by AGENCY either in
whole or in part.
10. TIME OF THE ESSENCE
Time is of the essence in this agreement.
Aug -28-06 09:45A Lodi Police Admin 1 209 339 0422 P.01
11. MODIU96TWISIS
No alteration, variation, or Tnodilication of the terms of this contract shall be valid unless Matic, in
writing prior to the etYbdive elate and signed by the parties hereto, and no oral understanding or
agreement not incorporated herein, shall be binding on any of the parries hereto.
12. COMPLIANCE WIT1I.j,AwS
AGENCY shall comply with the California Fair Fmployment Practices Act (Labor Code Section
1414, et seq.) and any amendmellm thereto.
This contract may, at the option of COUNTY, be terminated or suspended in whole or in pari in the
event AGENCY fails to comply with the nondiscrimination clause ol'the contract. in the event of
termination hander 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. C(]NFIDUNTIALITY
AGENCY, its employees, officers, and agents shall protect and kccp all information and materials
obtained thrcxo the services of this agreemmi confidential and from unauthorized use and
disclosure. 'Ibis clause shall not apply to that information which is or bt.-ctlMcx a public record
subject to the disclosure requirements of the Public Records Act,
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IN FITNESS WHEREOF the parties hereto have executed this agreement the day and
year first written above.
APOVED AS TO FORM:
TMENCE R. DERMODY
Coty Counsel
By
ENCE P.
County Counsel
W1
COUNTY OF SAN JOAQUIN, a
political subdivision of the State of
California
x�
i
By f
L O Z
County Administrator
"COUNTY"
CITY OF LODI
By
Blair King
Title City Manager
"AGENCY"
Attest:
Jennifer M. Perrin
Interim City Clerk
APPROVED AS TO FORM:
City of Lodi and
Sam Joaquin County
Rate Schedule
Fiscal Year 2006/2007
Coater Services
Automated Message Switching System Access
019 System Access
Attachment A
Estimated
Estimated Estimated Annual Estimated
Service !;t!_antity _ Type Rate -TCost Total
Telephone Line Charge
12
Month
$
112.16
$
1,345.87
* Special Processing Request
8
Hours
$
86.58
$
692.64
Transactions
210,000
Each
$
9.07
$
14,700.00
Tota Estimated Annual Cost $ 16,738.51
* Serial Processing Requests require written authorization specifying work to be performed.
Page 1
RESOLUTION NO. 200&166
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH
SAN JOAOUIN COUNTY TO PROVIDE DATA PROCESSING
SERVICES AND ACCESS TO AUTOMATED MESSAGE
SWITCHING/CJIS SYSTEMS BY LODI POLICE DEPARTMENT
FOR FISCAL YEAR 2006-07
WHEREAS, San Joaquin County provides to the City of Lodi access to Automated
Message Switching/CJf S 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 2006-07 to provide data processing services and
access to Automated Message Switching/CJIS Systems to the Lodi Police Department, in an
amount not to exceed $16,738.51; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute
said agreement on behalf of the City of Lodi.
Dated: September 6, 2006
I hereby certify that Resolution No. 2006-168 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held September 6, 2006, by the following vote:
AYES: COUNCIL MEMBERS — Beckman, Hansen, Johnson,
and Mayor Hitchcock
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS -- None
NNIFER . PERRIN
Interim City Clerk