HomeMy WebLinkAboutAgenda Report - July 21, 2021 C-18AGENDA (ITEM
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AGENDA TITLE: Adopt Resolution Authorizing Chief of Police to Execute Agreement for Computer
Services Between San Joaquin County and City of Lodi ($12,638)
MEETING DATE: July 21, 2021
PREPARED BY: Chief of Police
RECOMMENDED ACTION: Adopt resolution authorizing Chief of Police to execute Agreement
for Computer Services between San Joaquin County and City of
Lodi in the amount of $12,638.
BACKGROUND INFORMATION: Annually the County of San Joaquin distributes their agreement
including rate schedule for access to their law and justice system.
This system is essential for the Lodi Police Department to stay
connected with the County court.
The agreement includes indemnification and hold harmless language that necessitates review and
approval by the City Council.
FISCAL IMPACT: $12, 638 contract costs included in the 21/22 budget.
FUNDING AVAILABLE. $12,638 - Information Systems Software (10031004.72313)
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
Sierra Brucia
Chief of Police
APPROVED:`
Stephen Sc ba , City Manager
Agreement for Computer Services between Salm Joaquin County
and City of Lodi
THIS AGREEMENT, made and entered into this 1 st day of July, 2021, by and between the COUNTY
OF SAN JOAQUIN, a political subdivision of the State of California, through its Information Systems Division,
hereinafter referred to as "COUNTY" and CITY OF LODI, hereinafter referred to as "AGENCY".
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; and,
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 for 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 timely made, COUNTY may, at its option, terminate this
Agreement in accordance with the provisions of Clause 5.
In the event that the AGENCY's estimated annual cost, as indicated in Attachment "A", is
exceeded for any reason, COUNTY may evaluate and, if necessary, increase the amount
indicated in Attachment "A". 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.
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 "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.
d. If AGENCY fails to timely compensate COUNTY as provided in this Agreement, AGENCY
shall be held liable for the reasonable cost of collecting such compensation including attorney's
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.
OPTIONAL SERVICE AND EOUIPMENT
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.
All rental equipment in the possession of AGENCY shall be returned to COUNTY in the same
condition as it was delivered to AGENCY, less normal wear and tear. COUNTY shall be
compensated by AGENCY 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.
4. TERM
The term of this contract shall start July 1, 2021, and ending June 30, 2022.
TERMINATION
This contract may be terminated by either party upon thirty (30) calendar days advance written
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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 Agreement
is effective.
6. INDEMNIFICATION AND HOLD HARMLESS
The AGENCY 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 its agents, or those brought by employees or agents of
COUNTY concerning their employment or agency relationship.
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'S 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
3
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.
ASSIGNMENT
Without the written consent of COUNTY, this Agreement is not assignable by AGENCY either in
10. TIME OF THE ESSENCE
Time is the essence of this Agreement.
11. MODIFICATIONS
Notwithstanding the COUNTY'S right to increase the estimated annual cost, as indicated in
Attachment "A" pursuant to provisions 2b and 2c herein, 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
AGENCY shall comply with the California Fair Employment Practices Act (Labor Code Section
1410, et seq.) and any amendments thereto.
This Agreement 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 clause, 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.
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IN WITNESS WHEREOF the parties hereto have executed this agreement the day and
year first written above.
APPROVED AS TO FORM:
By
ERIN SAKATA
Deputy COUNTY Counsel
COUNTY OF SAN JOAQUIN, a
pQ]itical-subdivisionofthe-State�f
California
By
_ e*L�Z
CHRIS CRUZ
Information Systemsu., ctor
"COUNTY"
CITY OF LODI
By.e,�z.t—�_
Title���=�-
"AGENCY"
Approved as to Form:
JANICE D. MAGDICH
City Attorney
City of Lodi and
San Joaquin County
Rate Schedule
Fiscal Year 2021-2022
Computer Services
Automated Message Switching System Access
Attachment A
Total Estimated Annual Cost
S 12,638.00
* Special Processing Requests require written authorization specifying work to be performed.
**The estimated monthly rate of $1,061.92, which results in the estimated annual cost, may be subject to increase pursuant to paragraphs 2b and 2c of the Agreement.
***Monthly Credit of -$8.75, based on the results of a comparison of actual expense to billings for Fiscal Year 2019-2020
Estimated
Estimated
Estimated
Annual Estimated
Service
Quantity
Type Rate
Cost Total
Special Processing Request
0
Hours $ 152.87
* $ -
Law & Justice System Access
12
Months $ 1,061.92
** $ 12,743.00
Credit for FY 2019-2020 Billings
12
Months - $ 8.75
*** $ (105.00)
Total Estimated Annual Cost
S 12,638.00
* Special Processing Requests require written authorization specifying work to be performed.
**The estimated monthly rate of $1,061.92, which results in the estimated annual cost, may be subject to increase pursuant to paragraphs 2b and 2c of the Agreement.
***Monthly Credit of -$8.75, based on the results of a comparison of actual expense to billings for Fiscal Year 2019-2020
SAN JOAQUIN
COUNTY
Information Systems Division
Chris Cruz, Director
- - -- --- - - — w ewai, ssIs n irec or
Mark Thomas, SJGH CIO
Melinda Dubroff, Registrar of Voters
April 30, 2021
City of Lodi Police Department
Sierra Brucia, Chief of Police
215 W Elm Street
Lodi, CA 95240
Dear Chief Brucia,
Enclosed is the San Joaquin County Technology Services Agreement for fiscal year 2021-
2022. This agreement defines the services that San Joaquin County Information Systems
Division will provide to your agency during this fiscal year. The services include, but are not
limited to, Automated Message Switching System access and Criminal Justice Information
System (CJIS) access.
Please review, sign and return one copy of the agreement to me by June 30, 2021. Should
you have any questions, please contact me at (209) 953-7152.
Sincerely,
Q. '91Wma4oyv
Allison Thomason
Information Systems Accounting Technician I
San Joaquin County I Information Systems Division
T (209) 953.7152 1 E athomason@sjgov.org
Enclosure
44 N. San Joaquin Street, Suite 455 1 Stockton, California 95202 1 T 209 468 3940 1 F 209 468 2178
RESOLUTION NO. 2021-202
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CHIEF OF POLICE TO EXECUTE AN AGREEMENT FOR COMPUTER
SERVICES BETWEEN SAN JOAQUIN COUNTY AND CITY OF LODI
WHEREAS, annually the County of San Joaquin distributes their agreement including
rate schedule for access to their law and justice system; and
WHEREAS, this system is essential for the Lodi Police Department to stay connected
with the County court.; and
WHEREAS, the agreement includes indemnification and hold harmless language that
necessitates review and approval by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the Chief of Police to execute an Agreement for Computer Services between
San Joaquin County and City of Lodi in the amount of $12,638; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol
Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to
make minor revisions to the above -referenced document(s) that do not alter the compensation
or term, and to make clerical corrections as necessary.
Date: July 21, 2021
I hereby certify that Resolution No. 2021-202 was passed and adopted by the Lodi City
Council in a regular meeting held July 21, 2021, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
ENNIFER USMIR
City Clerk
2021-202