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HomeMy WebLinkAboutA2992 - DIMES DESERT INFORMATION MANAGEMENT ENFORCE SYSTEMS ALERT POLICE RECORDS TRACKING PIP Desert Information Management � � �� ">d�l� Z�l�,.,iiCi & Enforcement Systems (DIMES) AGREEMENT #2992 AGREEMENT :FOR CONTRACTUAL SERVICE M04763, 5-15-91 DESERT INFORMATION MANAGEMENT AND ENFORCEMLmxz z eri - --- -- (DIMES) THIS AGREEMENT, made and entered into effective the /J9 day of , 1991, by and between the City of Cathedral City, hereinafter 'CONTRACTOR" , a municipal body corporate, of 68-625 Perez Road, mailing address Post Office Box 5001, Cathedral City, California 92235-5001, and the City of Palm Springs, hereinafter "USER" , a municipal body corporate, whose address is 3200 E. Tahquitz Canyon Drive, Palm Springs, California 92262 , constitutes the Agreement of the parties hereto as to the matters set forth hereinafter. Section 1. Recitals. A. CONTRACTOR, in its operations, has become thoroughly familiar with law enforcement records management systems requirements of municipalities, and has the expertise and wherewithal to provide to USER the hardware and software to operate an effective law enforcement records management system using data processing facilities, including the use of the "Automated Law Enforcement Records Tracking System" (ALERT) available to CONTRACTOR by license from its owner, Public Safety Systems, Inc. CONTRACTOR is willing to provide to USER access to the mainframe to be operated by CONTRACTOR, the opportunity to interconnect with that mainframe and access records maintained by CONTRACTOR for USER, and to provide the training of USER' s primary staff on the operations of the system. B. In addition to providing the use of the mainframe and associated software, plus training, CONTRACTOR is willing to provide to USER liaison services with Public Safety Systems, Inc. , to keep current on availability of improved and updated programs, and representation on PSSI 's ALERT system users group. C. USER desires to interconnect with CONTRACTOR' s mainframe, and to install and operate its own law enforcement records management program, using CONTRACTOR' s "Desert Information Management and Enforcement System" ("DIMES") , and to obtain training of its staff by CONTRACTOR's personnel, and, in general to have the advantages of use of modern data processing in law enforcement records management on the terms specified hereinafter. Section 2. AGREEMENT. This Agreement is for the use by USER of the "Desert Information Management and Enforcement System" program for data processing, including all hardware, software, expertise, training, maintenance and updating provided for herein by CONTRACTOR. The parties agree as follows: 1 A. CONTRACTOR shall: • 1. Own or lease and operate a mainframe computer, with all peripheral hardware and software, including the right to provide to USER the use of the ALERT program, a police records management system. CONTRACTOR will be responsible for maintenance, repairs, upkeep and updating of all facilities maintained in CONTRACTOR' s facilities in Cathedral City, California, except any and all multiplexers and other equipment provided by USER for connection to CONTRACTOR's mainframe. Such excepted equipment shall be purchased and maintained by USER. 2 . Make available to USER the following ALERT system modules for use by USER's department: A. Calls for Service B. Offense C. Property D. Vehicle E. Arrest F. Juvenile G. Incident Name H. Incident Suspect I . Known Offender J. Field Contact K. Personnel L. Traffic., Accident M. Table Maintenance N. Master Name Search 0. Incident Summary P. Special. Search Q. Special Format Generator R. Standard Format S. Report Menu T. Citations U. Change Agency V. End Additional modules will be made available by CONTRACTOR for additional charge; any such additional modules contracted for shall be evidenced by an ADDENDUM to this Agreement. CONTRACTOR has available, by Addendum, the following ALERT modules: Wants/Warrants; Booking; Municipal Court; IMIS (Investigation Management) ; Microfilm Maintenance and Control Commands. In addition, by Addendum, CONTRACTOR will also make available, for public safety purposes only, its Fire program; California Law Enforcement Telecommunication System (CLETS) ; Computer Aided Dispatch (CAD) ; and Mobile Digital Terminal (MDT) programs. The additional. charges involved for such additional programs and modules shall be arrived at by negotiations between the parties. 3 . Assist user in the setting up of its equipment, including terminals and printers, and assist in initially setting up such equipment to become operational. Training in the use of such equipment, and in the use of the DIMES system, for USERS ' s key 2 personnel, shalloso be provided by CONTRACW Assistance shall also be provided in developing the new reporting system for USER's agency, to take maximum advantage of the capabilities of the DIMES system. 4. Pay on behalf of USER, from the fees provided for hereinafter, any additional licensing fees which may be required to the owner of the ALERT system, or any other system made available by CONTRACTOR to USER. 5 . Provide liaison for USER with PSSI, owner of the ALERT program, and with its users group, as well as with the users group for any other program made available by CONTRACTOR to USER. In addition, CONTRACTOR will establish its own network of DIMES users, and coordinate between a designated representative of each entity contracting with CONTRACTOR for the DIMES system, and hold a users group meeting as necessary but at least annually to provide problem solving capabilities, information on enhancements and upgrades, and an opportunity to alert CONTRACTOR to issues which should be taken to the ALERT users group. 6. Provide to USER access to as many mainframe ports as USER desires, up to a maximum of sixteen (16) ports; once USER has designated the number of ports it desires to access, no additional ports shall be accessed without sixty (60) days ' advance notice to CONTRACTOR. Access to more ports than sixteen (16) will be provided by separate arrangements between CONTRACTOR and USER, which may include additional costs, any extra costs for which shall be established by negotiation between the parties, and shall be evidenced by an Addendum to this Agreement. Access to more than sixteen (16) ports shall be only with six (6) months advance notice, unless CONTRACTOR waives that requirement. 7 . Operate the DIMES system on a 24 hour a day basis, every day of the year, barring circumstances reasonably beyond the control of CONTRACTOR. CONTRACTOR will have its own records management system on the same mainframe, and recognizes the importance of having access at all times, if at all possible. To the extent feasible, CONTRACTOR will provide backup for the system. 8 . Establish a public safety equipment replacement and upgrading fund to assure availability of funds at all times to keep CONTRACTOR' s hardware and software as current as reasonably possible, including acquisition of equipment necessary to offer "state of the art" availability of programs, software and hardware as such becomes available to law enforcement agencies. 9 . Assure that CONTRACTOR' s employees have the technical skills and training to operate all equipment associated with the DIMES program, and to make such employees available on a consulting basis, at no charge to the USER for routine trouble-shooting; CONTRACTOR shall provide the employees necessary to assure smooth, trouble-free operation of the system, and shall provide technical training to its own employees as reasonably available, to facilitate such employees :sharing the most current information with USER. 3 10. Designa•one contact person as the Omary contact person to handle questions and problems arising in the DIMES system. CONTRACTOR initially designates Lt. William Gitmed as the CONTRACTOR' s contact person, and shall notify USER of any change in that designee. 11. Upon payment of the $5, 000 initial fee as provided hereinafter, CONTRACTOR shall forthwith provide advice and guidance to USER as to proper equipment needed to commence operation of the DIMES program for USER. CONTRACTOR will permit USER to commence operations as soon as its equipment is in place, adequately tested, and USER's key personnel are ready to operate the USER's system. CONTRACTOR, based on its experience in obtaining needed equipment, governmental purchasing restraints, and training requirements, estimates that with full cooperation of USER' s staff, the system should be operational within 120 days. Contractor will cooperate fully with USER in establishing operational capabilities at the earliest practical time. B. USER shall: 1. Pay to CONTRACTOR, upon execution of this Agreement, an initial fee of $5, 000, which shall be a set-up and training fee, to reimburse CONTRACTOR for costs associated with adding USER to the DIMES system, getting USER's equipment set up and operational, training of USER' s key personnel, and other expenses and costs associated with adding USER to the DIMES system. This shall be a one-time fee. 2 . Pay to CONTRACTOR a monthly charge of 10. 42 cents per person ($1. 25 per person annually) based upon the population figure for USER established by the California Department of Finance in its annual report published each May. The population figure announced in May of each year shall be used to compute the monthly fee applicable to this Agreement for the subsequent Fiscal Year, July 1 thru June 30. This fee shall become payable as of the first day of the month after the system becomes operational for USER. The charge shall be a monthly charge, but shall be billed, quarterly, in arrears. A penalty of 1% per month of the outstanding balance shall apply to all billings not paid within forty-five (45) days of the date the bill was mailed by CONTRACTOR. Any bill not paid within forty-five (45) days shall thereafter be immediately payable with 1% penalty; on the 60th day after date of mailing, the penalty amount shall be 2%, and an additional 1% shall be added for each thirty (30) days thereafter. CONTRACTOR shall have the right to terminate service, and disconnect USER from the system, if a second quarterly billing falls into arrears, with the first quarterly billing as yet unpaid. 3 . In addition to the fee provided for in Section 2 (B) (2) above, USER shall, commencing in July of the second Fiscal Year during which this Agreement is in effect, pay a sum equalling twenty per cent (20%) of the fee specified in Paragraph 2 above, as an administrative fee and overhead fee, to offset some of CONTRACTOR's costs in operation and improvement of the DIMES system. Billings for this administrative fee shall be made in the same manner, and subject to the same conditions and terms, as specified hereinabove for the basic per capita fee. 4 4 . Provideall terminals, printers, hardware, software and peripheral equipment needed by USER at its own site, and the multiplexers needed for interconnect with CONTRACTOR' s mainframe at both the USER' s site and at CONTRACTOR' S site, and provide or pay for all necessary maintenance, upkeep and repairs thereof. All equipment purchased or leased by USER for use on the DIMES system shall be subject to approval of CONTRACTOR, to assure compatibility with the hardware utilized by CONTRACTOR. USER shall be responsible for its own hardware or software provider with whom USER deals. CONTRACTOR' s mainframe supplier recommends that USER obtain and use "Codex" or "Micom" modems, but USER is not obligated to comply with this suggestion. 5. Input all data into the DIMES mainframe by telephone line, using the compatible multiplexer set up, the sole responsibility for all of which shall be USER's. All access, both uploading to and downloading from the DIMES mainframe, shall be by telephone interconnect, unless other arrangements are made with CONTRACTOR. 6 . Stress to all of its staff the confidential nature of the information of other agencies accessed through the DIMES system, if any. USER shall designate which of its data may be made available to other users, and to which users, if it chooses to limit such; USER shall designate any data access to which is to be restricted only to USER. A joint data base is recognized as one of the benefits of the DIMES system, BUT USER is not obligated to share any information with other agencies which it chooses not to share. 7 . Designate one of its employees who is actively involved in the operation of the DIMES program as contact person, to work with CONTRACTOR and other agencies using the DIMES system, in determining what problems may have arisen, in helping to identify and solve problems, in determining what enhancements and upgrading of equipment would be beneficial, and in providing information to CONTRACTOR' s designated representative prior to ALERT Users Group meetings, and to serve as USER's representative to any DIMES user group which may be established. C. NO WARRANTIES. CONTRACTOR and USER covenant and agree that, except as otherwise expressly set forth herein, CONTRACTOR makes no representation or warranty of whatsoever kind, nature or sort, either express or implied, concerning the services to be furnished or the equipment to be utilized hereunder, AND CONTRACTOR DOES HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, INCLUDING SPECIFICALLY ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING ANY SUCH SERVICE OR EQUIPMENT. D. INDEMNIFICATION; HOLD HARMLESS. Each party to this Agreement shall indemnify, defend, save and hold harmless the other, its officers, agents, servants and employees of and from any and all liabilities, claims, demands, debts, damages, suits, actions and causes of action of whatsoever kind, nature or sort, including, but not by way of limitation, 5 wrongful death, sonal injury or damage to Operty, the expenses of the defense o said parties and the payment of attorneys fees in any such claim or action, arising out of or in any manner connected with the performance, or lack of performance, of the conditions set forth in this Agreement. E. CANCELLATION. Either party may cancel this Agreement upon notice to the other party given no latex, than December 31 of any year, effective as of July 1 of the following year. Both parties recognize the importance of planning ahead for a complete Fiscal Year, and agree that, if a decision is made not to continue this Agreement in effect for the future, notice must be given in sufficient time to the other party to enable it to make necessary adjustments in its budgeting process. F. TERMINATION FOR CAUSE. Other than for non-payment of fees in a timely manner which justifies termination of :service as set forth in Section 2 (B) (2) , above, and except for the provisions relating to cancellation set forth immediately above, the parties hereto agree that this Agreement shall not be terminated except for cause. In the event either party claims good cause exists for termination, and the other party does not agree, or if the parties are unable to agree on how to resolve disputes relating to termination of the Agreement, the matter shall be submitted to arbitration under terms mutually agreeable to the parties. If the parties are unable to agree on arbitration terms, the matter shall be submitted to arbitration under the provisions of Code of Civil Procedure Sections 1280 thru 1294 . 2 , inclusive. Pending completion of the arbitration proceeding, unless the arbitrator or arbitrators earlier order otherwise, the Agreement shall continue in full force and effect until a final decision has been made in the arbitration proceeding. G. NOTICES. Any notice required or authorized under this Agreement shall be sent by regular mail, addressed as follows: For Contractor For User City Manager City Manager City of Cathedral City City of Palm Springs Post Office Box 5001 3200 E. Tahquitz Cyn. Dr. Cathedral City, CA 92235-5001 Palm Springs, CA 92262 An information copy of any such notice shall also be sent by CONTRACTOR to USER' s designated representative, or by USER to CONTRACTOR' s designated representative, at his or her known work address. Failure to send such "information copy" shall not be a legal defect in perfecting of notice, service on the City Manager being sufficient. 6 H. TERM. • This agreement shall be effective as of the date set forth below, and shall continue in full force and effect until June 30, 1995, unless sooner cancelled or terminated in accordance with its express terms. I. SEVERABILITY. If any provision of this Agreement is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. IN WITNESS WHEREOF, the parties have executed this Agreement this /,•J— day of !'���2 -� , 1991. This Agreement is effective between the part:iep7as of -;4 ii K 1991. CITY OF CATHEDRAL CITY CITY OF PALM SPRINGS "CONTRACTOR" "USE " By: JawU���. ���r�GL2 By: City Manager Its I„frn Mnnancr Approved as to form: Approved as to form: City Attorney 171 City t rney Approved as to content: Chime 6 ice C/ ATTEST: CITY OF PALM SPRINGS, CALIFORNIA r City Clerk APPROVED BY THE CITY COUNCIL BYE Eg. NO.Yf��.� 7 0 ADDENDUM TO AGREEMENT FOR CONTRACTUAL SERVICES -- DESERT INFORMATION MANAGEME19T AND ENFORCEMENT SYSTEMS (DIMES) ADDENDUM FOR BOOKING MODULE This Agreement, made and entered into between the CITY OF CATHEDRAL CITY ("CONTRACTOR") and the CITY OF PALM SPRINGS ("USER") , constitutes an addendum to the Agreement for DIMES heretofore executed (or executed coincident herewith) between CONTRACTOR and USER. In accordance with Section 2, Paragraph A, Sub-Section 2 of the DIMES Agreement, the parties agree that BOOKING MODULE SERVICES shall also be provided. Booking module services shall be for the purpose of enabling USER to process all prisoners coming into its jail system, automatically update the arrest module in the ALERT system, and provide the completed printed booking form; in addition, this module provides various management tools related to prisoner costs, but will require USER to provide two dedicated printing of booking forms to serve the booking function. TERM: This addendum shall remain in effect during the term of the basic DIMES agreement, or any extension thereof. COST: For this booking module service, USER agrees to pay to CONTRACTOR, upon execution of this Agreement, a one time fee of Nine Thousand Five Hundred Dollars ($9, 500) , with any annual fee or other extra charges to be agreed upon by a separate addendum. IN WITNESS WHEREOF, the parties hereto have executed _this Addendum by their respective authorized officers as of the /J" day of 1991. CITY OF CATHEDRAL CITY CITY OF PALM SPRINGS CONTRACTOR" "USER" By: yet a � sw, BY City Manager Ci Manager APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney City orney APPROVED AS TO CONTENT: Chie o olice APPROVED BY 11-HE CITY COUNCIL BY RES. NO. ADDENDUM TO OREEMENT FOR CONTRACTUAL ShftSCES -- DESERT INFORMATION MANAGEMENT AND ENFORCEMENT SYSTEMS (DIMES) ADDENDUM FOR COMPUTER AIDED DISPATCH (RESPONSE) This Agreement, made and entered into between the CITY OF CATHEDRAL CITY ("CONTRACTOR") and the CITY OF PALM SPRINGS ("USER") , constitutes an addendum to the Agreement for DIMES heretofore executed (or executed coincident herewith) between CONTRACTOR and USER. In accordance with Section 2 , Paragraph A, Sub-Section 2 of the DIMES Agreement, the parties agree that COMPUTER AIDED DISPATCH SERVICES (RESPONSE) will also be provided. RESPONSE services shall include the requisite module to enable USER's computers and the DIMES System to assist to enable USER's computers and the DIMES System to assist USER' s Dispatchers to assign appropriate response services. TERM: The term of this addendum shall be for the remainder of the current fiscal year, and for the fiscal year 1991-92 , ending June 30, 1992 . COST: For this RESPONSE service, USER agrees to pay to CONTRACTOR, for the remainder of the 1990-91 fiscal year, the sum of $22 , 500, plus a one time start up fee of 5, 000, which $5, 000 start up fee shall be paid by separate check direct to PSSI, all such fees payable upon execution of this Agreement. For the fiscal year 1991-92 , user agrees to pay CONTRACTOR the sum of $22 , 500 based on billings from CONTRACTOR, quarterly in arrears. It is further understood that the parties will enter into a new addendum upon the expiration of this Addendum, which new addendum shall reflect adjusted costs associated with the operation of the RESPONSE software together with requisite hardware and support services, unless USER determines to discontinue this module. Costs of this service will be divided among the agencies operating the CAD software. IN WITNESS WHEREOF, the parties hereto have executed this Addendum by their respective authorized officers as of the /F day of 1991. CITY OF CATHEDRAL CITY CITY OF PALM SPRINGS CONTRACTOR" "USER" By: -0 a � By: City Manager Cit 1�lanager APPROVED AS TO ,FORM: APPROVED AS TO FORM: City Attorney City lAt orney APPROVED AS TO CONTENT: Chieff ice ADDENDUM TOOREEMENT FOR CONTRACTUAL SOVICES -- DESERT INFORMATION MANAGEMENT AND ENFORCEMENT SYSTEMS (DIMES) ADDENDUM FOR CLETS This Agreement, made and entered into between the CITY OF CATHEDRAL CITY ("CONTRACTOR") and the CITY OF PALM SPRINGS ("USER") , constitutes an addendum to the Agreement for DIMES heretofore executed (or executed coincident herewith) between CONTRACTOR and USER. In accordance with Section 2 , Paragraph A, Sub-Section 2 of the DIMES Agreement, the parties agree that CLETS SERVICES shall also be provided. CLETS services shall provide for tying the USER' s computers to the CLETS service made available by the State of California through hook-up to the state' s computers in Sacramento; services available will include NCIC, JDIC, CII, and other services provided through the State Department of Justice. Phone charges will be absorbed by the DIMES System. CLETS line will NOT be tied in to the Riverside County system. USER will be obligated to maintain its own county-provided terminal for back-up to the County System. TERM: This addendum shall remain in effect during the term of the basic DIMES agreement, and any extension thereof. COST: For this CLETS module service, USER agrees to pay to CONTRACTOR, upon execution of this Agreement, a one time fee of Six Thousand Two Hundred Fifty Dollars ($6, 250) , with any annual fee or other extra charges to be agreed upon by a separate addendum. IN WITNESS WHEREOF, the parties hereto have executed this Addendum by their respective authorized officers as of the /J` day of 1991. CITY OF CATHEDRAL CITY CITY OF PALM SPRINGS CONTRACTOR" "USER" r� By: - � � By: City Manager Ci y age APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney / City Atyorney APPROVED AS TO CONT�NT: i� Chief -81 olice 0 • ADDENDUM TO AGREEMENT FOR CONTRACTUAL SERVICES - - DESERT INFORMATION MANAGEMENT AND ENFORCEMENT SYSTEMS (DIMES) ADDENDUM[ FOR ADDITIONAL PORTS This Agreement, made and entered into between the CITY OF CATHEDRAL CITY ("CONTRACTOR") and the CITY OF PALM SPRINGS ("USER") , constitutes an addendum to the Agreement for DIMES heretofore executed (or executed coincident herewith) between CONTRACTOR and USER. In accordance with Section 2 , Paragraph A, Sub-Section 2 of the DIMES Agreement, the parties agree that ADDITIONAL PORTS SERVICES will also be provided, to include access to a total of thirty-two (32) ports available for use by USER, being sixteen (16) ports additional to those provided for in the basic DIMES Agreement. ', TERM: This addendum shall remain in effect during the term of the basic DIMES agreement, or any extension thereof. COST: For additional access PORTS, USER agrees to pay to CONTRACTOR, for a one-time fee of Five Thousand One Hundred Sixty Four Dollar s ($5, 164) , with no annual or other extra charge thereafter. USER to supply multiplexers and modems and pay all costs associated with their installation. IN WITNESS WHEREOF, the parties hereto have executed this Addendum by their respective authorized officers as of the /zl_day of - ;LL, , 1991. IJ CITY OF CATHEDRAL CITY CITY OF M SPRINGS CONTRACTOR" "USER" By: �_, 44p� �{�oec e3, By: City Manager C Manag APPROVED AS TO FORM: APPROVED AS TO FORM: 4Z� �City Attorney Citc Z orney APPROVED AS TO CONTENT: e1 Ch'il of lice `f, Addendum - Desert Information Management & Enforcement Systems (DIMES) AGREEMENT #2992 M05057, 8-12-92 ADDENDUM TO AGREEMENT FOR CONTRACTUAL SERVICES - - DESERT INFORMATION MANAGEMENT AND ENFORCEMENT SYSTEM (DIMES) ADDENDUM FOR WANTS AND WARRANT SYSTEM This Agreement, made and entered into between the City of Cathedral City ("CONTRACTOR")and the City of Palm Springs("USER"), constitutes an addendum to the Agreement for D.I.M.E.S. heretofore executed(or executed coincident herewith) between CONTRACTOR and USER. In accordance with Section 2, Paragraph A, Sub-section 2 of the D.I.M.E.S. Agreement, the parties agree that a WANTS AND WARRANT SYSTEM with necessary reconfiguration for ALERT (Records Management System) and PERSONNEL shall be added to the D.I.M.E.S. system by CONTRACTOR thus providing additional service to USER. TERM: This Addendum shall become effective July 1, 1992 and remain in effect through the term of the basic D.I.M.E.S. agreement between the parties and/or until such new Agreement by the parties shall supersede this Addendum. COST: For the addition of the WANTS and WARRANTS SYSTEM to D.I.M.E.S. ALERT system and PERSONNEL SUPPORT, USER agrees to pay CONTRACTOR commencing in July 1, 1992 an additional fee of Thirty Cents ($.30) per capita per year. These fees shall be billed as outlined in Section 2, Paragraph B, Sub-section 2 of the D.I.M.E.S. original Agreement between the parties. NEED FOR ADDITIONAL EQUIPMENT: The parties presently contemplate that CONTRACTOR'S present equiprent will be sufficient to handle the additional demands of the WANTS AND WARRANTS SYSTEM. In the event such new system proves to present such a demand as to require additional equipment, CONTRACTOR shall have the right to reopen discussions as to the cost of this program. No cost increase or program upgrading requiring a cost increase shall be added except upon mutual agreement. 1 ADDENDUM FOR WANTS AND WARRANTS SYSTEM (CONTINUED) IN WITNESS WHEREOF, the parties hereto have executed this ADDENDUM by their respective authorized officers as of the /2. day of -6- , 1992. CITY OF/)CATHEDRAL CITY CITY O alm Sprin s .'CO RAC/T " �OR U By: � _ By: City Manager C'_ ager APPROVED AS TO FORM: APPROVE AS �To FORM: City Attorney / City Atto ney APPROVED AS TO C TENT: APPROVED AS TO CONTENT: Chie f Police Chief of P'ohice ATTEST: CITYAF PALM SPRINGS, CALIFORNIA ty ,19rk-)VLD By 111 .E CIFN COU"ICIL By vz-. NX..a. ._� � � - f : r � 2