HomeMy WebLinkAboutAgenda Report - April 21, 1993 (59)of
CCW OF LODI , COUNCIL COMMUNICATION
AGENDA TITLE: Agreement Between San Joaquin County Data
Processing and the City of Lodi Police Department
MEETING DATE: April 21, 1993
PREPARED BY: Police Chief
RECOMMENDED ACTION: That the 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 1993-94 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 the
proposed Agreement is attached.)
Captain James Schick will be attending the Council Meeting to
answer any questions regarding this matter.
FUNDING: $13,776 (See Attachment A)
'J� _'0
F 1 _yT 4 1 lams
Chief of Police
FAW:sm
cc: City Attorney
Purchasing Officer
00 APPROVED. �___ `J
THOMAS A. ncrcua oawr
City Manager
CC -1
March 23, 1993
City of Lodi
Ms. Alice Reimche
Call Box 3006
Lodi, California 95241-1910
Dear Ms. Reimche:
Enclosed is an Agreement for providing data processing services to your agency for Fiscal Year
1993-94. Please review and sign the Agreement and return the original to me.
Upon receipt of the signed Agreement, I will forward it to our County Administrator for his
signature. A copy of the fully executed Agreement will be sent to you once the County
Administrator has signed it.
Please call if you have any questions.
r ly,
�
Steven A. Steinbmher
Director of Data Processing
SAsrCoxi0o
�:;
STEVEN A STEINBRECHER : IryT�
^'�{
GEORGE HONG
SYSTEMS ANO MOGRAMMINC.
DIaEGTOA OF
DATA /NOCESS•NG
MANAGER
RECEIVED
,4�QAr`i
MARK M VASOUE2
O►ERATK)"s MANAGER
COUNTY OF SAN JOAQU1Ng� i ^r _
ntj 11. �S
DATA PROCESSING DIVISION
24 SOUTH HUNTER STREET. ROOMS
•• •
� ^ ' .
STOCKTON. CALIFORNIA 95202
TELEPHONE 12091 l09 3900
March 23, 1993
City of Lodi
Ms. Alice Reimche
Call Box 3006
Lodi, California 95241-1910
Dear Ms. Reimche:
Enclosed is an Agreement for providing data processing services to your agency for Fiscal Year
1993-94. Please review and sign the Agreement and return the original to me.
Upon receipt of the signed Agreement, I will forward it to our County Administrator for his
signature. A copy of the fully executed Agreement will be sent to you once the County
Administrator has signed it.
Please call if you have any questions.
r ly,
�
Steven A. Steinbmher
Director of Data Processing
SAsrCoxi0o
I.D. NUMBER 94-6000531
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";
WITNESSETH:
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 processing 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:
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uRRSIXIMMY 1 u
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 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 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
CITY'S 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
$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 S.
CON 10, CITY OF LODI - 1 -
I.D. NUMBER 94-6000531
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 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.
MW7555-Ma Wo 55 cat WIN Mom i
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
('o) 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.
UND=I.
The term of this contract shall be one year beginning July 1, 1993, and ending lune
30, 1994.
r;�t:r•.
a. This contract may be terminated by either party upon thirty (30) calendar days
advance writtm 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.
CON 10. CITY OF LODI - 2 -
I.D. NUMBER 94-6000531
"Mi ur Mki 216r•a ►1• .• • .::u
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 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.
t►,r: I (0)MG13
In no event shall COUNTY be responsible for any damage, compensatory,
consequential, punitive, or special 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 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 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 alterative 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 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 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 will be
considered to be CITY exclusive remedy:
(a) The correction of errors of which COUNTY has received written notice and
proof or the perforrmance 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.
CON 10, CITY Of LODI .3.
I.D.. NUMBER 94-6000531
111• ►1• a •L• aI* ; ed • ;
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.
' ►1U FO 11
Without the written consent of COUNTY, this agreement is not assignable by CITY
either in whole or in part
1 I{1U1 • r.l •►
Time is the essence of this agreement.
U••19 _: r•
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.
R• of : 1 •1 irr.
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 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 10, CITY OF LODI a -
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:
JOHN CHEADLE
County Counsel
By
REBECCA A. DAVIS
Deputy County Counsel
CON 10. CIT( OF LODI .5-
COUNTY OF SAN JOAQUIN, a
political subdivision of the State of
California
By
MEL WINGETT
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
A. Estimated
Annual_ Cost of Services and Enuipment
1.
'Tele=gessing Transactions
ANNUAL COST
An average 327.350 transactions
per year at $ .04 each
$ 13,094.00
2.
Color Terminal Maintenance (Two)
144.00
3.
Printer Maintenance
264.00
4.
Modem Maintenance
30.00
5.
Remote Controller Maintenance
170.00
6.
Telephone Line Charge
74.00
TOTAL $ 13.776.00
CON 10, CITY OF LODI - 6 -
RESOLUTION NO. 93-U
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A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING THE LODI POLICE DEPARTMENT TO ENTER INTO AN AGREM4ENT
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, the City Manager and City Clerk are
hereby authorized to execute said agreement on behalf of the City of
Lodi.
Dated: April 21, 1993
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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: Council Members - Davenport, Mann, Sieglock, Snider,
and Pennino (Mayor)
Noes: Council Members - None
Absent: Council Members - None
fTQnnifer M. Perrin
City Clem:
93-51
RES9351/TXTA.02J
C11Y CU)UNCIL
PI III i It' A 11 NNINO klavnr
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Maven Pro TeMIMfe.
RAY C. DAVINPORI
SIIMIFN 1 MANN
IOIIN R Mind%) SNIM R
CITY OF LODI
UtY IIALL. 221 V4I1;T PINI SIRII I
P () IIOX tt?IIf)
1.01)1. ('At IFORNIA eIS241-1911)
(21M)) 114-S614
I All I;Irrl 111
May 4, 1993
Mr. Steven A. Steinbrecher
Director of Data Processing
County of San Joaquin
24 South Hunter Street, Room 5
Stockton, California 95202
Dear Mr. Steinbrecher:
IFIC)MAS A I'I IMON
Cov klanrgrr
ItNNIIIR k1 PIRRIN
(ltv ( Ierk
110I1 Mt NA I I
( rev Atlrane v
Enclosed please find two executed copies of the Agreement for providing
data processing services between the County of San Joaquin and the City
of Lodi, which was approved by the Lodi City Council at its meeting of
April 21, 1993.
Please return one Agreement with original signatures to my office
following signature by the County Administrator. Should you have any
questions regarding this matter, please feel free to contact our office.
Very truly yours,
glUitfer Perrin
City Cle
LSJCOUNT/TXTA.02J
I.D. NUMBER 94-5000531
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";
WITNESSETH:
WHEREAS, COUNTY provides the following services to CITY: Access to
Automated Message Switching/CAS Systems; and
WHEREAS, COUNTY has certain data processing equipment and is able to provide.
data processing 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:
9uM —4• .11411103M
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 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 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
CITY'S 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
$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 94-6000531
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 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 S in the
event of an increase in the rate of compensation.
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.
• 1 :u
The term of this contract shall be one year beginning July 1, 1993, and ending June
30, 1994.
1 : u I► : rC•J►I
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 tcar.
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.
CON 10, CITY OF LODI .2-
I.D. NUMBER 94-6000531
.ala 1 r [flail 910 . • P • .:: u
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.
t3,tr: r • . •
In no event shall COUNTY be responsible for any damage, compensatory,
consequential, punitive, or special 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 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 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 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 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 will be
considered to be CTIY 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.
CON 10. CITY OF LODI - 3 -
I.D. NUMBER 94-6000531
10U ' a ►>i 901ell:: " :
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 consent of COUNTY, this agreement is not assignable by CITY
either in whole or in part.
1 rlul • r.l ► M
Tune is the essence of this agreement.
ITIEV, no 411—a CON I W N1
No alteration, variation, or modification of the terns of this contract shall be valid
unless made in writing prior to the effective date and signed by the patties hereto, and
no oral understanding or agreement not incorporated herein. shall be binding on any
of the parties hereto.
nF
Aff ke ul' M AIr.
CTTY 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 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 10, CITY OF LODI •4
I.D. NUMBER 94-8000531
IN WITNESS WHEREOF the parties hereto have executed this agreement the
day and year first written above.
APPROVED AS TO FORM:
JOHN CHE ADLE
County Counsel
By
REBECCA A. DAVIS
Deputy County Counsel
CON 10. CITY OF LODI - 5 -
COUNTY OF SAN JOAQUIN. a
political subdivision of the State of
California
By
MEL WINGETI'
County Administr t
"COUNTY"
Title City Manager
"CITY"
ATTEST:
B �L.l&Y�.Lcrl
C.
Clerk f the
try of
APPROVED AS TO FORM:
1II , -#: 1 .1w 1710,Y 1 of 1
air. yi'40 r•i y1•n
An average 327.350 transactions
per Year at $.04 each
2. Color Terminal Maintenance (Two)
3. Printer Maintenance
4. Modem Maintenance
5. Remote Controller Maintenance
6. Telephone Line Charge
TOTAL
CON 10, CITY OF LODI - 6 -
I.D. NUM8ER 94-6000531
` ATTACHIVIENt' A
$ 13.094.00
144.00
264.00
30.00
170.00
74.OQ
S 13.776.00