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HomeMy WebLinkAboutAgenda Report - June 19, 1996 (69)OF CITY OF LODE COUNCIL COMMUNICATION °gt�Foa��P AGENDA TITLE: Agreement Between San Joaquin County Data Processing and the City of Lodi Police Department DATE: June 19, 1996 PREPARED BY: Chief Larry D. Hansen RECOMMENDED ACTION: City Council adopt the attached Resolution granting permission to Lodi Police Department to enter into an agreement with San Joaquin County, through its Data Processing Division, for Fiscal Year 1996 - 97 to provide data processing services and access to Automated Message Switching/CJIS Systems. BACKGROUND INFORMATION: 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.) Chief Hansen will be available to answer any questions Council members may have. FUNDING: $19,433.40 Larry D. 14ansen Chief of Police LDH:sm cc: City Attorney 'j APPROVED: s �w H. DIXONFLYNN recycled paper City Manager J CC -1 I.D. Number 94-6000531 AGREEMENT THIS AGREEMENT, made and entered into this 1st day of July, 1996, by and between the COUNTY OF SAN JOAQUIN, through its Information Systems Division, hereinafter referred to as "COUNTY" and CITY OF LODI, hereinafter referred to as "CITY" ; WITNESSETH: WHEREAS, COUNTY provides services listed in Attachment "A" hereinafter referred to as "COMPUTER SERVICES" to CITY; and WHEREAS, COUNTY has certain computer equipment and is able to provide information services which CITY desires to use in its operations; WHEREAS, COUNTY'S Information Systems 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 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 CITY 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 CITY to receive information from the computer systems within any specific time period. CITY has considered the express limitations set forth in this Agreement of the COMPUTER SERVICES, together with the needs of CITY, and has determined that CITY'S business operations require 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". COUNTY shall bill CITY only for actual services performed and equipment 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 accordance with the provisions of Paragraph 5. b. In the event that COUNTY'S cost of services and equipment is increased due to -1- I.D. Number 94-6000531 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 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 of an increase in the rate of compensation. 3. OPTIONAL SERVICE AND EQUIPMENT 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 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 CITY. 4. TERM The term of this contract shall be one year beginning July 1, 1996, and ending June 30, 1997. 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 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, CITY 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 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 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 -2- I.D. Number 94-6000531 The CITY 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 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 CITY 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 CITY 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 CITY from the COMPUTER SERVICES. 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 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 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 correction or performance of service is not practicable, CITY shall be entitled to an equitable credit not to exceed the charges invoiced to CITY 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 CITY supplied materials only if 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 provides COUNTY with all source data necessary for such restoration in similar form to that normally presented to COUNTY under this Agreement. INDEPENDENT CONTRACTOR 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. 9. ASSIGNMENT -3- I.D. 1`lumber 94-6000531 Without the written consent of COUNTY, this agreement is not assignable by CITY either in whole or in part. 10. TIME OF THE ESSENCE Time is the essence of this agreement. 11. MODIFICATIONS No alteration, variation, or modification of the 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 CITY 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 pan in the event CITY 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 CITY, its employees, officers, and agents shall protect and keep all information and materials obtained through the services of this agreement confidential a n d from unauthorized use and disclosure. This clause shall not apply to that i n f o r m a ti o n which is or becomes publicly available. -4- I.D. Number 94-6000531 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 REBECCA A. DAVIS Deputy County Counsel -5- COUNTY OF SAN JOAQUIN, a political subdivision of the State of California By DAVID L. BAKER County Administrator "COUNTY" CITY OF LODI By Title "CITY" ATTEST: BY City Clerk of the City of Lodi APPROVED AS TO FORM: BY City Attorney I.D. Number 94-6000531 Attachment "A" City of Lodi and an Joaquin County Rate Schedule Fiscal Year 1996/97 Computer Services Automated Message Switching System Access OIS System Access Annual Service Quantity Type Rate Cost Total Telephone Line Charge * Special Processing Request Transactions 1995/96 Estimated Transaction Growth Total Transactions 1996/97 12 Month $ 89.05 $ 1,068.60 8 Hours $ 45.60 $ 364.80 500,000 500,000 $ 0.036 $ 18,000.00 Total Annual Cost Fiscal Year 1996/97 * Special Processing Requests require written authorization specifying work to be performed. $ 19,433.40 RESOLUTION NO. 96-79 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE LODI POLICE DEPARTMENT TO ENTER INTO AN AGREEMENT WITH SAN JOAQUIN COUNTY TO PROVIDE DATA PROCESSING SERVICES FOR FISCAL YEAR 1996-97 WHEREAS, San Joaquin County provides to the City of Lodi access to Automated Message Switching/CJIS 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 Lodi Police Department to enter into an agreement with San Joaquin County, through its Data Processing Division, for Fiscal Year 1996-97 to provide data processing services and access to Automated Message Switching/CJIS Systems, in an amount not to exceed $19,433.40; and BE IT FURTHER RESOLVED, the City Manager and City Clerk are hereby authorized to execute said agreement on behalf of the City of Lodi. Dated: June 19, 1996 I hereby certify that Resolution No. 96-79 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 19, 1996, by the following vote: AYES: COUNCIL MEMBERS - Davenport, Mann, Pennino, Sieglock and Warner (Mayor) NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None J�` IFE PERRIN City Clerk 96-79