HomeMy WebLinkAboutA5366 - MULTI-AGENCY CO-op AGREEMENTOF VALA4 S
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MEMORANDUM
TO: Ron Starrs
Police Department
FROM: Kathie Hart, CIVIC
Chief Deputy City Clerk
DATE: November 15, 2006, 2006
SUBJECT: Multi -Agency Co-op Agreement
A5366
cc: File
The City of Palm Springs has signed off on the above referenced agreement. The agreement
and 5 sets of the signature pages are attached to be executed by the other participating
agencies. Please request a fully executed set be returned to our office for our files.
Please feel free to contact me if there are any questions, ext. 8206.
/kdh
attach.
CONTRACT ABSTRACT
Contract
Company Name: Multi Agency Cooperative Agreement (Cyrun)
Company Contact: Capt. Holcomb, Cathedral City PD 770-0316
Summary of Services: PSPD, CCPD, Indio PD, DHS PD sharing data lines
Contract Price: TBD
Funding Source: 3010-43200
Contract Term: 3 years — November 2009
Contract Administration
Lead Department: Police
Contract Administrator: Capt. Ron Starrs 323-8120
Contract Approvals
Council/ Community Redevelopment Agency Approval Date: Nov. 1, 2006
Minute Order/ . 7952
Agreement No: A5366
Contract Compliance
Exhibits:
Signatures:
Insurance:
Bonds:
Contract prepared by:
Submitted on: By:
MULTI- AGENCY COOPERATIVE AGREEMENT FOR
INTEGRATION OF COMPUTER AIDED DISPATCH/RECORD MANAGEMENT
AND MOBILE DATA COMMUNICATION SYSTEMS
THIS COOPERATIVE AGREEMENT ("Agreement") is made this 1 st day of October, 2006 by
and between the CITIES OF CATHEDRAL CITY, INDIO, BEAUMONT, PALM SPRINGS
and DESERT HOT SPRINGS (hereafter collectively referred to as the "Cities" and from time
to time individually referred to herein as "City").
1.0 PURPOSE
The purpose of this Agreement is to facilitate the integration and data sharing capability
of the Computer Aided Dispatch/Record Management Systems ("CAD/RMS") and Mobile
Data Communications ("MDC") currently serving each of the Cities (the "Integration Project").
The Integration Project will allow for the Cities to share their CAD/RMS databases, as well as
provide for the interconnectivity of each participating City's MDC server. As a result, the
Cities will have access to the most current criminal tracking data available thereby increasing
the level of service their respective police departments can provide to the general public. This
document and the terms contained herein set forth the obligations of the Cities concerning the
Integration Project.
2.0 RESPONSIBILITIES.
2.1 Lead Agency. The City of Cathedral City shall be deemed the Lead Agency for
the Integration Project. As Lead Agency, the City of Cathedral City, on behalf
of the Cities, shall:
(a) Award and administer a contract for the design, delivery, installation,
conversion, operation and maintenance of the facilities necessary for the
Integration Project pursuant to the public contracting procedures,
regulations and ordinances of the City of Cathedral City, and subject to
the consensus of the Cities, which such consensus shall not be
unreasonably withheld; and
(b) Bill each of the Cities for their share of any costs related to the
Integration Project, as further described in Section 2.2 below, with the
exception of those costs related to the commercial carrier for wireless
service accounts and the integration of the CAD/RMS and MDC
servers, which are billed directly to each participating City by any
applicable service provider.
2.2 Pagment of Integration Project Costs.
(a) Mandatory Participation
Each City shall participate in the CAD/RMS integration component of
the Integration Project. As such, each City shall pay an equal amount of
1
amount of the costs for the network Loop infrastructure installation.
Such infrastructure shall include, without limitation, T-1 hard line costs,
associated hardware and software for routers, firewalls, and
uninterrupted power supplies. In addition to any initial costs for
installation of the infrastructure, each member shall share in any
ongoing network maintenance and management costs, as shall be
determined by the consensus of the Cities from time to time.
(b) Optional Participation
Those Cities participating in the CAD/RMS integration component of
the Integration Project may, at their option, participate in the MDC
server component of the Integration Project. Each City opting to
integrate its MDC servers shall use, either, its agency owned and
operated wireless network, or contract with a commercial carrier for
wireless service. Those Cities using a commercial carrier for wireless
service shall be responsible for their own account costs with such
carrier. Cities may only use wireless networks that meet the security
standards described in Section 2.5 below.
In order to further ensure the security of MDC server data, any
commercial carrier shall connect to the network Loop using a secured T-
1 connection. Each City using the same commercial carrier shall bear
an equal share of the expenses associated with the T-1 connection to the
network Loop, the hosting server for the commercial accounts, and any
other administrative costs to maintain the T-1 connection to the network
Loop.
2.3 Designated Representatives. All decisions required to carry out the intent of
this Agreement shall be made by the consensus of the Cities. To this end, each
City shall designate one representative to participate in discussions resulting in
any decisions requiring the consensus of the Cities pursuant to this Agreement
or otherwise made in furtherance of the Integration Project. Cities shall also
designate one alternative during those occasions when the designated
representative cannot participate. For those decisions regarding the technical
standards and operational requirements necessary to carry out the intent of this
Agreement, the Cities shall provide a technical liaison to participate in
discussions held prior to such decisions. Notwithstanding any of the foregoing,
any decision made by any designated representative in connection with the
Integration Project shall be subject to the approval of their respective City
Council. Further, after completion of the Integration Project, those
representatives designated pursuant to this provision, or their delegate, shall
meet semi-annually to discuss any and all matters regarding this project.
2
2.4 Required Software.
(a) CAD/RMS Software. All parties shall use CAD/RMS software
developed and maintained by The Cyrun Company.
(b) MDC Software. Prior to participating in the integration of their MDC,
all participating Cities must have installed Bio-key software.
2.5 External Security. Each City shall maintain, at least, the minimum level of
system security as collectively determined by the Cities, and by the Department
of Justice. Such level of security shall be sufficient to protect against
unauthorized network access, external hacking, and computer viruses, and
provide secure facilities for network hardware.
2.6 Hold Harmless. Each City shall save and keep harmless and indemnify the
other Cities and their elected officials, officers, employees, or agents, against
any loss, demand, cause of action, or other legal liability or economic loss that
occurs in any way incident to, connected with, or arising directly or indirectly
out of any of the following: 1) Such City's failure to adhere to any Federal,
State or local regulation concerning the protection, use, access or dissemination
of private law enforcement or criminal history information; 2) Such City's
failure to maintain the minimum level of security as required under Section 2.5
above; or 3) Such City's failure to perform its obligations under this Agreement.
3.0 TERM.
3.1 Term. Unless earlier terminated in accordance with Section 3.2 below, the
Term of this Agreement shall commence on the date this Agreement is entered
into and terminate three (3) years thereafter. Within six (6) months prior to the
conclusion of the Term, the Cities may agree to extend the Agreement for an
additional two (2) years if the parties mutually agree in writing.
3.2 Termination Prior to Expiration of Term. Any City may terminate its
participation in this Agreement at any time with or without cause, upon thirty
(30) days written notice to the Lead Agency. If a City terminates its
participation in this Agreement, it shall pay its portion of costs for which it has
been billed pursuant to Section 2.2 above, to the date of termination. Upon
receipt of the notice of termination, the Lead Agency shall cause the termination
of any services and access provided to the terminating City under this
Agreement.
3.3 Obligations Prior to Termination. The obligations of the Cities incurred
pursuant to this Agreement prior to the date of termination shall survive the
termination.
Kj
4.0 MISCELLANEOUS.
4.1 Severability. The invalidity, illegality or unenforceability of any provision of
this Agreement shall not render the other provisions unenforceable, invalid or
illegal.
4.2 Governing Law. This Agreement shall be interpreted and enforced pursuant to
the laws of the State of California.
4.3 Modifications. This Agreement can only be modified by a written instrument
executed by both parties.
4.4 Entire Agreement. This Agreement contains the entire understanding of the
parties related to their interests, obligations, and rights in connection with
the subject matter set forth herein. All prior communications, negotiations,
stipulations, and understandings, whether oral or written, are of no force nor
effect, and are superseded, except as referenced herein.
4.5 Assigns and Successors. This Agreement shall be binding upon, and inure
to the benefit of, the assigns or successors -in -interest Of the parties herein.
4.6 No Third Party Beneficiary. The parties to this Agreement do not intend to
create any third party beneficiaries to this Agreement, and expressly deny
the creation of any third party beneficiary rights hereunder toward any
person or entity.
4.7 Time. Time is of the essence in the performance of each and every term of
this Agreement.
4.8 Waiver. The waiver or failure to declare a breach as a result of the violation
of any term of this Agreement shall not constitute a waiver of that term or
condition and shall not provide the basis for a claim of estoppel, forgiveness
or waiver by any parry to that term or condition.
4.9 Attorneys' Fees. If it shall be necessary for any party hereto to commence
legal action or arbitration to enforce the terms and provisions of this
Agreement, the prevailing party shall be entitled to reasonable attorneys'
fees, expenses and costs incurred therein. The expenses and costs incurred
shall include, without limitation to other reasonable expenses and costs, the
costs of any experts employed in either the preparation or presentation of
any evidence in such proceedings.
4.10 Captions. The paragraph captions in this Agreement are for convenience
only and shall not be used in construing the Agreement.
4
4.11 Additional Documents. Each party agrees to make, execute, and deliver any
and all documents and to join in any application or other action reasonably
required implementing this Agreement.
4.12 Notice. Any and all communications and/or notices in connection with this
Agreement shall be either hand -delivered or sent by United States first class
mail, postage prepaid given in writing and addressed to the principal place of
business of the parties.
5
IN WITNESS WHEREOF, this Agreement has been executed to be effected as
of the date and year first above written.
CITY OF CATHEDRAL CITY
V 4l-/
By 4 L Date: Z� , 2006
City Manager
APPROVED AS TO FORM:
I0
CITY OF INDIO
By:
City Manager
APPROVED AS TO FORM:
CITY OF BEAUMONT
By:
City Manager
APPROVED AS TO FORM:
Date:
Date:
Date:
Date:
Date:
[One Signature Page Follows]
0
2006
2006
11:
0111661
2006
RETURN TO:
CITY CLERIC
CITY OF PALM SPRINGS
BOX 2743
PALM SPRINGS, CA 92263
CITY OF PALM SPRINGS
By: /
City Manager
APPROVED AS TO FO ,1
CITY OF DESERT HOT SPRINGS
Lo
City Manager
APPROVED AS TO FORM:
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Date: . Q �0 , 2006
APPROVED BY CITY COUNCIL
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Date: A- lb , 2006
Date: , 2006
Date: .2006
RETURN TO:
CITY CLERK
CITY OF PALM SPRINGS
BOX 2743
PALM SPRINGS, CA 92263
Page 1 of 1
Cindy Berardi Lxk
From: Ron Starrs
Sent: Monday, March 02, 2009 10:28 AM
To: Cindy Berardi
Subject: RE: Copy of Contract
As of last week, the city of DHS still hadn't turned in their copy yet and that was the hang up.
Capt. Ron Starrs
From: Cindy Berardi
Sent: Wednesday, February 25, 2009 4:46 PM
To: Ron Starrs
Subject: FW: Copy of Contract
I'm still waiting on this one and thought I would send a reminder. Thank you.
Cindy Berardi
Deputy City Cleric
Office of tke City Cleric
City of Palm Springs
P. O. Box 2743
Palm Springs, CA 92262
(760) 322-8355
Cindy.Berardiapalmspringsca.gov
From: Cindy Berardi
Sent: Wednesday, January 07, 2009 9:02 AM
To: Ron Starrs
Subject: Copy of Contract
Hi Capt. Starrs,
Can you see if you have a fully executed copy of the attached agreement in your files? If you do can you please shoot me a
copy? Thank you.
Cindy Berardi
Deputy City Clerk
Office of the City Clerk
City of Palm Springs
P. O. Box 2743
Palm Springs, CA 92262
(760) 322-8355
Cindy.Berardiepalmspringsca.gov
3/2/2009
K-36
`LoR CERTIFICATE OF LIABILITY INSURANCE 7
DATE(MM/DDIYYYY)
07/28/2022
_
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HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE
ISSUING INSURERS AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATIONIS WAIVED,
subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does
not confer rights to the certificate holder In lieu of such endorsements .
PRODUCER
LEAVITT UNITED INS SERVICES INC
51132303
2358 MARITIME DRIVE SUITE 100
ELK GROVE CA 95758
CONTACT NAME:
PHONE (209) 532-6951
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INBURERI8) AFFORDING COVERAGE NAICe
INSURER A: Sentinel Insurance Company Ltd.
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INSURED
INSURER B : Hartford Fire and Its P&C Affiliates
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CYRUN
INSURER c :
2126 DELAWARE AVE STE C
SANTA CRUZ CA 95060-5758
INSURER D :
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COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITHSTANDINO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSP
TYPE OF INSURANCE
ADOL
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POLICY NUMBER
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COMMERCIAL GENERAL LIABILITY
CLAIMS-MADEI X IOCCUR
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06/11/2022
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PERSONAL B ADV INJURY
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GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY ❑ PRO- O LOC
OTHER; JECT
GENERAL AGGREGATE
$2,000,000
PRODUCTS - COMP/OP AGO
$2.000.000
A
AUTOMOBILE
X
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AUTOS AUTOS
MIRED NON -OWNED
AUTOS X AUT08
51 SBA TA3334
06/11/2022
06/11/2023
COMBINED SINGLE LIMIT
$1.000,000
BODILY INJURY (Per Person)
BODILY INJURY (Par accident)
PROPERTY DAMAGE
(Per accident)
A
UMBRELLA LIAR
excaeeuAe
X
CCU
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51 SBATA3334
06/11/2022
06/11/2023
EACH OCCURRENCE
$6,000.000
AGGREGATE
$5,000,000
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RETENTION$ 10,000
B
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AND EMPLOYERS' LIASILIT'
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OFFICERIMEMBER EXCLUDED?
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$1,000,000
DESCRIPTION OF OPERATIONS / LOCA77ONS /VEHICLES (ACORD 101, AddRlonsl Remarks Schedule, may be attached S more space Is required)
Those usual to the Insured's Operetlons. The City of Palm Springs Its officials , employees , and agents are listed as additional Insured. This coverage
is primary and non-contributory. A waiver of subrogatlon applied In favor of the Clty of Palm Springs and The Palm Springs PD.
CERTIFICATE HOLDER ot.nn....-.... CANCELLATION
The Clty Of Palm Springs
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
PO BOX 2743
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED
PALM SPRINGS CA 92263.2743 AUG 0 4 2022
IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
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