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HomeMy WebLinkAboutAgenda Report - July 1, 1992 (73)AGENDA TITLE: Contract with County of San Joaquin for Data Processing Services MEETING DATE: July 1, 1992 PREPARED BY: City Manager RECOMEMED ACTION: That the City Council adopt Resolution No. 92-116 (Exhibit A) approving an agreement with County of San Joaquin (Exhibit B) to provide certain data processing services to the City of Lodi for fiscal year 1992-93, and authorize the City Clerk and City Manager to execute same. BACKGROUND INFORMATION: For the past several years, the City of 1.*di has contracted with the County of San Joaquin for certain data processing services associated with Police Department operations. This is a renewal of this agreement. The cost has been increased by $617, primarily the result of an anticipated increase n the number of requests for service. FUNDING: Operating Budget TAP :br Attachments CCCOM515/TXTA.07A APPROVE: Respectfully submitted. Thomas A. Peterson City Manager THOMAS A. PETERSON �A• recycled Depen laxK-MR7,ki RESOLUTION NO. 92-116 a=aaaaaaa===.asaacsa== A RESOLUTION OF THE LODI CITY COUNCIL APPROVING A CO:iTRACT WITH THE COUNTY OF SAN JOAQUIN FOR DATA PROCESSING SERVICES FOR THE LODI POLICE DEPARTMENT assasasssssasssaaaaaassaaasasss:::ease:sssaaamsaaasasssasaaaaaaaaaaaasa RESOLVED, that the Lodi City Council does hereby approve an agreement (Exhibit A) with the County of San Joaquin to provide data processing services for Lodi Police Department operations; and FURTHER RESOLVED, the City Manager and Clerk Clerk are hereby authorized to execute said agreement on behalf of the City of Lodi. Dated: July 1, 1992 ssssssssassssssasaassaaasssassssssassasssssaaasaaasaasassassaasazasaaza I hereby certify that Resolution No. 92-116 was passed and adopted by the Lodi City Council in a regular meeting held July 1, 1992 by the following vote: Ayes_ Council Members - Noes= Council Members - Absent: Council Members ' RES92116!TXTA.02J Alice M. Reimche City Clerk 92-116 TI IS AGREEMENT, made and entered into this t s day of July. 1992. by and between the COUNTY OF SAN JOAQUIN, through its Data Processing Division, hereinafter referred to as "COUNTY" and CITY OF LODI, hereinafter referred to as "CITY"; WITNESSETH: WHEREAS, COUNTY provides the following services to CITY: Access to Automated Message SwitchingilUS Systems; and WHEREAS, COUNTY has certain data processing equipment and is able to provide data pimming services which CITY desires to use in its operations; WHEREAS, COUNTY'S Data Processing Division services offered Io City 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 forprovision of access to the message switching system for local criminal information. IT IS I I E R E B Y AGREED between the parties as follows: 1. SERVICE FOR AC'C'FSS TO NON. REDUNDANT. NON -FAULT TOLERAt4T MESSAGE SWITCH SYSTEM The COUNTY shall provide access to CITY to the automated message switch system of COUNTY'S Data Processing Division to provide local Criminal Justice information. The parties expressly acknowledge that the Data Processing Division message switch system is a non -fault tolerant, non -redundant system which does not provide continuous access seven (7)days a week and twenty-four (24) hours a day. The message switch system may go down and be unable to provide responses at any time tday a night fou ndetenmi"able periods of time and also must be scheduled to be taken dawn for maintenance and repairs from time to time. Therefore, COUNTY does not represent that the service provided under this Agreement will enable CITY to receive a response from the message switch system within any specific time period. CITY has considered the express limitations set forth in this Agreement of the message switch system, together with the needs of CITY, and has determined that C WS business operations require the use of the services set out in this Agreement. a. COUNTY will provide the services and equipment for the estimated annual amount of compensation as shown in Attachment "A". The total services and equipment which CITY may utilize pursuant to this agreement shall not exceed that which has been set forth in Attachment "A". The total maximum compensation to COUNTY pursuant to this agreement shall not exceed $5,317.00 per fiscal year. COUNTY shall bill CITY only for actual services perfomied and quipment provided, one month after services are performed and equipment is provided. CITY 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 accordancewith the provisions of Paragraph 5. CON 10. CITY OFLODI M -1- r`. b. In the event that COUNTY'S cost of services and equipment is increased due to any reason, COUNTY may increase the rate of compensation which may also result in the estimated annual amount of compensation provided herein to be increased) for services and equipment provided herein upon COUNTY so notifying CITY, in writing, no less than thi 30) calendar days in advance of the intended change of rate of compensation. shall be allowed the option to terminate this agreement in accordance with the provisions of Paragraph 5 in the event ofan increase in the rate of compensation. � J1 a ► : R15 : Z 1051111 ' u ►i Service and equipment under 'ihis 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 equipment not covered in this agreement may be provided to CITY at COUNTY'S option subject to the following conditions: (a) CITY must submit a written request for the additional services and/or equipmentwhich has been signed by the appropriateagency official, and (b) Additional services and/creguipment 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 CI'T'Y. 1�: u The terra of this contract shall be one year beginning July 1, 1992, and ending June 30, BO. 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, CITY shall compens. to COUNTY for the actual services performed and equipment provided through the date the termination of the contract is effective. If CITY fails to timely compensate COUNTY as provided in this contract, MY 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 CITY for the costs to procure alternative services to those services provided under this Agreement regardless of whether CITY or COUNTY initiates termination of the Agreement. b. All rental equipment in the possession of CTTY shall be returned to COUNTY in the same condition as it was delivered to CITY, less normal wear and tear. iCOUNTY shall be compensa,.ed 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 doe!: not constitute normal wear and tear. CON 10. CITY OF LODI -2. I f ►I• 3 I e 0 214474 1 (SMIKAINPI: M -0 11,4014 WRI The CITY agrees that it shall indemnify, defend and hold harmless the COUI .EY, the members of its Board of Supervisors, its officers, agents, and employees. from and against all demands. claims, damages, ]os9ss. 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, dama es, ]eras, expenses, and costs resulting from the sole and exclusive negligence o7tthe COUNTY,or its agents, or Mosebrought by employeesor agents of COUNTY co nce m in g their employment or agency relationship. Iuiti : • MM -3 I kl :I 1 M Mr In no event shall COUNTY be responsible for any damage, compensatory, consequential, punitive, or special in the event that the C1'I'Y is unable to receive a response for a request for accr:s and information through the automated message switching system of COUNT'i. This Agreement shall not be construed to be either a representation or a warranty to CITY that it will be able to access and receive a response through the automated message switch at any particular time or within any particular response tim. COUNTY does not grant any warrznty as to the validity, completeness or usefulness of any information received by CITY through the automated message switch/CJIS systems. COUNTY shall not be responsible nor liable for the costs to CTTY to procure alternative services to the services provided for under this Agm>emen t crupon termination of this Agreement by either part y In the event of errors in data processing results due to the failure of COUNTY'S eeQQuippm�ent, software, circumstances beyond the control cf COUNTY,cr the failure Qf COUDTl'Y' S employee(s) to operate the equipment in accordance with COUNTY3 standardoperating procedures, orCOUNTY'S inabili to provide data processing services due to circumstances beyond its control. COMMS liability shall be limited to either su bparagra ph (a) or (b) below, either of which will be considered to be CITY 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 eormtion or performance of service is notracticable, CITY shad be entitled to an equitable credit not to exceed the charges invoiced to CITY forthat portion of the service which produced the erroneous result or forthat portion of the service -which eottid not be perfo,mr,-d, whieheveris the situation. COUNTY shall be liable for the loss, destruction or damage to CITY supplied materials only if such ]res, destruction, or damages was due to the negligence of COUNTY and CITY sole retnedy shall be COUNTY restoring the same. provided such restoration can be reasonably performed by COUNTY and provided that CITY provides COUNTY with all source data necessary for such restoration to similar form to that normally presented to COUNTY under this Agreement, :AN 10, CITY OF LODI 3- : i►It ►ItA zlike) ►�1:: M • t The CITY, and the agents and employees of CITY, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of COUNTY. Without the Written consen t of COUNTY, this agreement is not assignable by CI'T'Y either in whole or in part 10. TUNE OF THEF.SSENM Tune is the essence cf this agreement. No alteration, variation, or modification of the terms of this contract shall be valid unless made in writing prior tD the effectivedate and signed by the parties hereto, and noaralunderstanding or agreement not incorporated herein, shall be binding on any of the parties hereto, 12. COMPLIANCE WITH LAWS CITY shall comply with the California Fair Employment PracticesAct (Labor Code Section 1410, et seq,) and any amendments thereto. This contract may, atthe option of COUNTY, be terminated or suspended in whole or in part in the event CITY fails to comply with the nmdiscrimi nation clause of the axtract. In the event of termination under thisaragraph, COUNTY shall be compensated for goods and services provided iathe date oftermination. Termination cr suspension shallbe effective upon rectipt of written notice,thereof, CON 10. CITY OF LODI SE IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first written ahoue.. APPROVED AS TO pC)M JOHN CHE.AULE County Counsel _ -5- COUNTY OF SAN JOAQUIN, a political subdivision of the State of California By_ MEL WINGEIT CountyAdministrator "COUNTY" CITY CF LODI Thcmas A. Peterson Tide �; ty Manag.r nCI-Nn Attest: A I i c e M. Reimche City Clerk Approjvejd as to form: e-:eAw Bob McMatt City Attorney By - yREBECCAA REBECCA ADAVIS Deputy County Counsel 4 I� �p I i I CON 10. CIN OF LODI -5- COUNTY OF SAN JOAQUIN, a political subdivision of the State of California By_ MEL WINGEIT CountyAdministrator "COUNTY" CITY CF LODI Thcmas A. Peterson Tide �; ty Manag.r nCI-Nn Attest: A I i c e M. Reimche City Clerk Approjvejd as to form: e-:eAw Bob McMatt City Attorney ATTACi MENT A A. Estimated Annual nst of Secvic� incl F `�jA n� 1 • ANNUAL COST An average 80,000 transactions per year at $.054 each $ 4320.00 2. Color Terminal Maintenance $ 72.00 3. Printer Maintenance S 480.00 4. Modem Maintenance $ 135.00 S. Remote Controller Maintenance $ 200.00 6. Telephonelne Charge S 110.00 TOTAL $ 5,317.00 U F LODI POLICE DEPARTMEN1 Floyd N. Williams Chief of Police rhouuas H. Peterson City Manager a, July 8, 1992 Steven A, Steinbrecher Director of Data Processing Data Processing Division 24 South Hunter Street, Room 5 Stockton, CA 95202 Dear Mr. Steinbrecher: N' vi F.. T EL�t STREET LOUT. CALIFORNIA 115:4h Please find enclosed two copies of an Agreement for providing data processing services to the Lodi Police Department for fiscal year 1992-93. Also enclosed is one copy of the City resolution approving the Agreement. We understand that we will get one copy of the Agreement back with the County Administrator's signature. Sincerely, Patrol Division Commander LDH :sm An Honor to Serve... A Duty to Protect RESOLUTION NO. 92-116 A RESOLUTION OF THE LODI CITY CCCNCIL APPROVING A CONTRACT WITH THE COUNTY OF SAN JOAQUIN FOR DATA PROCESSING SERVICES FOR THE LODI POLICE DEPARTMENT xsazsxsaxsasss:asaaaassasasaxsaasssnsaxxxssassaaaxasxsssxssxxxxxxcsxxsx RESOLVED, that the Lodi City Council does hereby approve an agreement (Exhibit A) with the County of San Joaquin to provide data processing services for Lodi Police Department operations; and FORTHER RESOLVED, the City Manager and Clerk Clerk are hereby authorized to execute said agreement on behalf of the City of Lodi. Dated: July 1, 1992 xxxzssssxazsxaaaaaasaaxaxxxxsaaassaxsaaassxxxxsxsaxaxasxxoaxxxxsssaxsax I hereby Certify that Resolution No. 92-116 was passed and adopted by the Lodi City Council in a regular meeting held July 1, 1992 by the following vote: Ayes= Council 1Vlari)as - Hinchman, Sieglock, Snider and Pinkerton (Mayor) Noes= Council Members - None Absent: Council Members - Pennino Lice MR City Clerk 92-116 RES92116/TXTA-02J I..' 1 %l 1: CThis AGREEMENT, made and entered into this 1st day of July, 1992. by and between the COUNTY OF SAN JOAQUIN, through its Data Processing Division. hereinafter referred to as "COUNTY" and CITY OF LO D i, hereinafter referred to as "CITY"; WITNESSETH: WHEREAS, COUNTY provides the following services to CITY: Access to Automated Message Switching/CJIS Systems; aAd WHEREAS, COUNTY has certain data processing equipment and is able to provide data proecasing services which CITY desires to use in its operations; WHEREAS, COUNTY'S Data Processing Division services offered to City 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 message switchingsystem for local criminal information: IT IS HEREBY AGREED between the parties as follows: 1. ,SERVICE FOR ACCESS TO NON-REDUNDANT,NON-FAULT TOLERANT Nf.t-;SSACj_ SWITCH SYSTEM The COUNTY shall provide access to CrIY tothe automated message switch system of COUNTY'S Data Processing Division to provide local Criminal Justice information. The parties expressly acknowledge that the Data Processing Division message switch system is a non -fault tolerant. non -redundant system which does not provide continuous access seven (7) days a week and twenty-four (24) hours a day. The message switch system may go down and be unable to provide responses at any time of day or night for undeterminable periods of time and also must be scheduled to betaken down frr maintenance and repairs from time to time. Therefore, COUNTY does not represent that the service provided under this Agreement will enable CTIY to receive a response from the message switch system within any specific timeperiod. C IY has considered the express limitations set forth in this Agreement of the message switch system. together with the needs of CTTY,and has determined that C WS business cqeratticinsrequire the use of the services set out in this Agreement. 2. COMPENSATION a. COUNTY will provide the services and equipment for the estimated annual amount of compensation as shown in Attachment "A". The total services and equipment which CITY may utilize pursuant to this agreement shall not exceed that which has been set forth in Attachment "A". The total maximum compensation to COUNTY pursuant to this agreement shall not exceed $5,317.GO per fiscal year. COUNTY shall bill CITY only for actual services performed and equipment provided, one month after services arc performed and equipment is provided. CITY shall provide full payment to COUNTY of the billed amount by the fifteenthday of the dntc of billing. In the event payment is not made in accordance with this provision COUNTY may. at its option, ( tenninate the agreement in accordance with the provisions of P uagraph 5, CON 10. CITY OF LODI - 1 r� 4. 61 b. In the event that COUNTY' S cost of services and equipment is increased due to any reason. COUNTY may increase the rate of compensation (which may also result in the estimated annual amount of compensation provided herein to be increased) for services and quipment provided herein upon COUNTY so notifying CITY, in writing. no less than thirty (30) calendar days in advance of the intended change of rate of compensation. CITY shall be allowed the option to terminate this agreement in accordance with the provisions of Paragraph 5 in the event cf an increase in the rate cf compensation. •�•• 41 W1 A AW [41 :.10 9• 11Qu .II Service and equipment 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 equipment not covered in this agreement may be provided to CITY at COUNTY'S option subject to the following conditions: (a) CITY must submit a written request for the additional services and/or equipment which has been signedby 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 additionalcharge to MY. til0:4ui The term of this contract shall be one year beginning July 1, 1992, and ending June 30, 1993. ' 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, CITY shall compensate COUNTY for the actual services performed and equipment provided through the date the termination of the contract is effective. If CITY fails to timely compensate COUNTY as provided in this contract, MY shall be held liabie 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 CIIY for the costs to procure alternative services to those services provided under this Agreement regardless of whether CITY or COUNTY initiates termination of the Agreement. b. All rental equipment in the possession of CITY shall be returned to COUNTY in the same condition as it was delivered to CITY, less normal wear and tear. COUNTY shall be compensated by contractor for all less 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. CON 10. CITY CF LODI •2• 6. INDEMNIFI=ON AND HOLD HARMLESS The CM agrees that it shall indemnify, defend and hold harmless the COUNTY , the members 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 cf and/or resulting from the performs nce 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 its agents, or those brought by employees or agents of COUNTY concerning their employment or agency rcIationshi p. In no event shall COUNTY be responsible for any damage, compensatory, consequential, punitive. orspecial in the event that the CITY is unable to receive a response for a request for access and information through the automated message switching system cf COUNTY. This Agreement shall not beconswcd to beeither a representation cr a warranty to CITY that it will be able to access and receive a response through the automated message switch 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 CITY through the automated message switch/CJIS systems. COUNTY shall not be responsible nor liable for the costs to CITY 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 data processing results due to the failure of COUNTY'S equipment, software, circumstances beyond the control cf COUNTY, or the failure of COUNTY'S employee(s) to operate the equipment in accordance with DIY' S standard operat i r,. g procedures. or COUNTY'S inability to provide data processing services due to circumstances beyond its control. COUNTY'S liability shall be limited to either subparagraph (a) or (b) below, either of which wili be considered to be C1TY exclusive:remedy : (a) The correction of errors cf which COUNTY has received w ri t t e n 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, CITY shall be entitled to anequitable credit not to exceed the charges invoiced to CITY for that portion 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 CITY supplied materials only it such loss, destruction, or damages was due to the negligence of COUNTY and CITY sole remedy shall be COUNTY restoring the same. provided such restoration can be reasonably performed by COUNTY and provided that CITY providesCOU NTY with all source data necessary for such restoration in similar form to that nominally presented to COUNTY under this Agreement. CON 10. CITY CIE LODI •3 F 8. INDEPENDRNTCONTRACTOR The CITY, and the agents and employees of CITY. in the performance of this agreement, shall act in an independent capacity and not 3s officers or employees or agents cf COUNTY. 9. ASSIGNMENT Without the written consent of COUNTY, this agreement is not assignable by C T Y cidw r in whole or in p a t 10. 33M OF 11M ESSENCE T i e is the essence of this agreement, 11. MODIRC-A_MONS No alteration, variation, or modification of the terms cf this contract shall be valid unless made in writing pdor to the effective date and sided by the parties hereto. and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. P 12. COMPLIANCE WITH LAWS CITY shall comply with the California Fair Employment Prac tires Act (Labor Code Section 1410, et scq.) and any amendments thereto. lis contract may, at the option cf COUNTY, he terminated or suspended in whole or in part in the CITY fails to with the clause the contract. In the event comply nondiscrimination cf event of termination under this paragraph, COUNTY shall be compensated for goods and services provided to the date of termination. Termination cr suspension shall be effective upon rmtipt of written notice thereof, i I I CON 10. CIN CIF LODI • a CI IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first written above. APPROVED AS TO FORM: JOHN C HEADLE County Counsel BY— REBECCA yREBECCA A. DAVIS Deputy County counsel -5- COUNTY OF SAN JOAQUIN, a political subdivision of the State of California By MEL WINGETT County Administrator "COUNTY" CITY CE' LODI Thomas A. Peterson Title c tv manaaar "CITY" Attest.: A l i c e h. Reimche City Clerk Approved as to form: ejA) 01 --- Bob McNatt City Attorney 3 ATTACHMENT A A. Estimated CITY OF LODI AnnLal Cost of Services and Equipment 1. Tele esti P Transactions ANNUAL COST An average 80,000 transactions per year at $ .054 each $ 4,320.00 2. Color Terminal Maintenance $ 72.00 3. Printer Maintenance $ 480.00 4. Modem Maintenance $ 135.00 5. Remote Controller Maintenance $ 200.00 6. TelephoneLine Charge $ 110.00 TOTAL $ 5,317.00 CON 10. CIN OF LODI •6.