HomeMy WebLinkAboutResolutions - No. 93-51
RESOLUTION NO. 93-51
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
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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 1993-94 to provide data processing services and access to Automated Message Switching/CJIS Systems, in an amount not to exceed $13,776 for fiscal year 1993-94; and
BE IT FURTHER RESOLVED,
hereby authorized to execute
Lodi.
Dated: April 21, 1993
the City Manager and City Clerk are
said agreement on behalf of the City of
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I hereby certify that Resolution No. 93-51 was passed and adopted by the Lodi City Council in a regular meeting held April 21, 1993 by
the following vote:
Ayes:
Noes:
Absent:
Council Members -Davenport, Mann, Sieglock, Snider,
and Pennino (Mayor)
Council Members -None
Council Members -None
93-51
RES9351/TXTA.02J
1.0. NUMBER 94-6000531
AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of July, 1993, by and between the COUNTY OF SAN JOAQUIN, through its Data Processing Division, hereinafter referred to as "COUNTY" and CITY OF LODI, hereinafter referred to as "CITY";
WITNESS ETH:
WHEREAS, COUNTY provides the following services to CITY: Access to Automated Message Switching/CJIS Systems; and WHEREAS, COUNTY has certain data processing equipment and is able to provide data proces$ing 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 switching system for local criminal information. IT IS HEREBY AGREED between the parties as follows: 1.SERVICE FOR ACCESS TO NON-REDUNDANT, NON-FAULT TOLERANTMESSAGE SWITCH SYSTEMThe COUNTY shall provide access to CITY to the aut omated message switch systemof COUNTY'S Data Processing Division to provide local Criminal Justiceinformation. The parties expressly acknowledge that the Data Processing Divisionmessage switch system is a non-fault tolerant, non-redundant system which does notprovide 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 anytime of day or night for undetenninable periods of time and also must be scheduled tobe taken down for maintenance and repairs from time to time. Therefore, COUNTYdoes not represent that the service provided under this Agreement will enable CITY toreceive a response from the message switch system within any specific time period.CITY has considered the express limitations set forth in this Agreement of themessage switch system, together with the needs of CITY, and has determined thatCITY'S business operations require the use of the services set out in this Agreement.2.COMPENSATIONa. COUNTY will provide the services and equipment for the estimated annualamount 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 $13,776.00 per fiscal year. 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.
CON 10, CITY OF LODI - 1 -
I.D. NUMBER 94-6000531b. 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 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 EQUIPMENTService and equipment under this agreement are limited solely to the ongoingservices, systems, and equipment listed in Attachment "A" which are in operation onthe effective date of this agreement. Services and equipment not covered in thisagreement may be provided to CITY at COUNTY'S option subject to the followingconditions:(a)CITY must submit a written request for the additional services and/orequipment which has been signed by the appropriate agency official, and(b)Additional services, and/or equipment shall be provided at the current rates ofcompensation and shall be billed as additional items over and beyond the totalestimated 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.TERMThe term of this contract shall be one year beginning July I, 1993, and ending June30, 1994.5.TERMINATIONa.This contract may be terminated by either party upon thirty (30) calendar daysadvance written notice to the other party. Notwithstanding such termination,CITY shall compensate COUNTY for the actual services performed andequipment 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 suchcompensation including attorneys fees and court costs incurred by COUNTY.In no event shall COUNTY be liable for reimbursing CITY for the costs toprocure alternative services to those services provided under this Agreementregardless of whether CITY or COUNTY initiates termination of theAgreement.b.All rental equipment in the possession of CITY shall be returned to COUNTYin 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 saidequipment which is not the result of a willful or negligent act by COUNTY andwhich does not constitute normal wear and tear.CON 10, CITY OF LODI -2-
1.0. NUMBER 94-6000531 6.INDEMNIF1CA TION AND HOLD HARMLESSThe CITY agrees that it shall indem nify, defend and hold harniless the COUNTY, themembers of its Board of Supervisors, its officers, agents, and employees, from andagainst all demands, claims, damages, losses, expenses, and costs includingattorneys' fees and court costs arising out of and/or resulting from the perfonnance ofthe activities and services contemplated by this agreement, except for demands,claims, damages, losses, expenses, and costs resulting from the sole and exclusivenegligence of the COUNTY, or it's agents, or those brought by employees or agentsof COUNTY concerning their employment or agency relationship.7.LIMITATIONS OF LIABil..ITYIn no event shall COUNTY be responsible for any damage, compensatory,consequential, punitive, or special in the event that the CITY is unable to receive aresponse for a request for access and information through the automated messageswitching system of COUNTY. This Agreement shall not be construed to be either arepresentation or a warranty to CITY that it will be able to access and receive aresponse through the automated message switch at any particular time or within anyparticular response time. COUNTY does not grant any warranty as to the validity,completeness or usefulness of any information received by CITY through theautomated message switch/CHS systems. COUNTY shall not be responsible norliable for the costs to CITY to procure alternative services to the services provided forunder 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'Sequipment, software, circumstances beyond the control of COUNTY, or the failureof COUNTY'S employee(s) to operate the equipment in accordance withCOUNTY'S standard operating procedures, or COUNTY'S inability to provide dataprocessing services due to circumstances beyond its control. COUNTY'S liabilityshall be limited to either subparagraph (a) or (b) below, either of which will beconsidered to be CITY exclusive remedy:(a)The correction of errors of which COUNTY has received written notice andproof or the performance of the service, whichever is the situation; or(b)Where such correction or performance of service is not practicable, CITYshall be entitled to an equitable credit not to exceed the charges invoiced toCITY for that portion of the service which produced the erroneous result orfor that portion of the service which could not be performed, whichever is thesituation.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. CON 1 0, CITY OF LOOI - 3 -
1.D. NUMBER 94-6000531
8.INDEPENDENT CONTRACTORThe CITY, and the agents and employees of CITY, in the performance of thisagreement, shall act in an independent capacity and not as officers or employees oragents of COUNTY.9.ASSIGNMENTWithout the written consent of COUNTY, this agreement is not assignable by CITYeither in whole or in part10.TIME OF IllE ESSENCETime is the essence of this agreement.11.MODIFICATIONSNo alteration, variation, or modification of the terms of this contract shall be validunless made in writing prior to the effective date and signed by the parties hereto, andno oral understanding or agreement not incorporated herein, shall be binding on anyof the panies hereto.12.COMPLIANCE WI1H LA wsCITY shall comply with the California Fair Employment Practices Act (Labor CodeSection 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 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. CON 1 o, CITY OF LODI • 4 -
1.0. NUMBER 94-6000531
IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first written above. APPROVED AS TO FORM: JOHN CHEADLE County Counsel By _______ ___ REBECCA A. DA VIS Deputy County Counsel CON 1 0, CITY OF LODI - 5 -COUNTY OF SAN JOAQUIN, a political subdivision of the State of California By ________ _ :MEL WINGETT County Administrator "COUNTY" CTIYOFLODI �a-� Thomas A. Peterson Title City Manager "C:rrY" ATIEST: BY�uf. 0h� Ci lerk of e City of Lodi APPROVED AS TO FORM: BY� lAJ.c;M�gi{+---City Attorney
CITYOFLODI A.Estimated Annual Cost of Services and EQ.uipment1.Teleprocessini TransactionsAn average 327,350 transactionsper year at $ .04 each 2.Color Tenninal Maintenance (fwo)3.Printer Maintenance4.Modem Maintenance5.Remote Controller Maintenance6.Telephone Line ChargeCON 10, CITY OF LODI - 6 -
TOTAL
1.0. NUMBER 94-6000531
ATTACHMENT A ANNUAL COST $ 13,094.00 144.00 264.00 30.00 170.00 74,00 $ 13,776.00