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HomeMy WebLinkAboutA7069 - RIVERSIDE COUNTY SHERIFFS DEPT - Court Notify MOUMemorandum of Understanding For Subpoena Processing via the CourtNotify Project Purpose This Memorandum of Understanding (MOU) is entered into by the Riverside County Sheriffs Department (RSD) and the Palm Springs Police Department (Palm Springs PD) for cooperation in sharing subpoena information in the CourtNotify Project. The purpose of this MOU is to set forth the policy and procedures for use of the CourtNotify system by the participating agencies, including the maintenance of the web service program which provides data directly to the system. RSD may maintain separate MOU(s) with other partnering agencies and this MOU between RSD and Palm Springs PD will not interfere or impact those separate relationship(s). Points of Contact Each party shall designate an individual as the party's point of contact (POC) for representing that party in regard to the MOU. A party may change its POC at any time upon written notification to each participating party. Mission/Objectives RSD to host the service that will provide real time subpoena issuance, cancellation, and acknowledgement status to Palm Springs PD personnel via the CourtNotify program. Definitions CourtNotify is a browser based, commercial software program that handles the issuance and cancellation of subpoenas to law enforcement personnel via email and text message (optional). The application also can issue subpoenas to citizens, however that module is not in use by RSD. If subpoenas are not acknowledged by employees prior to the scheduled court date, the subpoena is escalated to their supervisor so that they can be made aware of the upcoming court date. Ownership, entry, and maintenance of information Each party is to maintain ownership of any data entered into the CourtNotify program. Information in the system may not be used for any unauthorized or non -official purpose and shall not be disseminated outside of an accessing party without first obtaining express permission of each party that contributed the information in question. In the event that an unauthorized release of information from CourtNotify has occurred, RSD will be designated as the lead agency responsible to investigate how the unauthorized release occurred. Palm Springs PD agrees to assist and cooperate with any such investigation or inquiry as is appropriate. Palm Springs PD's responsibilities Palm Springs PD has the sole responsibility to maintain their own agency information within the CourtNotify program. Palm Springs PD will acknowledge a problem call from RSD reporting that no subpoenas were received via the web service on the agreed upon schedule and start trouble -shooting the problem within 24 hours of RSD's call. Palm Springs PD personnel will have access to CourtNotify via individual user accounts to check subpoena information and acknowledgement status for any case via any Internet connection. A link to access CourtNotify is posted on Department Members page of the RSD's website at: http://www.riversidesheriff.orp,/department/members.asp. RSD will also provide a direct link to CourtNotify which can be posted on Palm Springs PD's webpage if desired. Palm Springs PD will provide user level training and technical support for the program (Level 1). Palm Springs PD employees will not be referred to RSD support personnel or phone numbers for assistance under any circumstances. All reports of problems shall be reviewed by designated Palm Springs PD staff to ensure they are not user problems prior to them being reported to RSD staff for research. RSD's responsibilities RSD will be responsible for insuring the continued service of CourtNotify including the hardware, operating and application software, and Internet connectivity. RSD will provide support and maintenance according described in Schedule A attached hereto. RSD will facilitate the access of the CourtNotify database for the purposes of data extraction by Palm Springs PD. Database access will be limited to Read Only. Should data need to be deleted from the database, Palm Springs PD will develop the necessary query to delete the data then email it to CourtNotifykRiversideSheriff.ora so that it can be run. RSD will be responsible for providing training documentation to Palm Springs PD personnel who will then serve as trainers to Palm Springs PD staff. Security Each party will be responsible for designating those employees who have access to CourtNotify and for the administration of user ID's and passwords allowing that access. The system has been developed with the capability to record each use of the system, including the identity of the individual accessing the system, the time of the access to the system, and the information queried. It should be remembered by each participating member that access to the information within the system should be on a strictly official and need -to -know basis. Each party agrees to use the same degree of care in protecting information accessed under this MOU as it exercises with respect to its own employee information. Costs Palm Springs PD will be responsible for the initial connection and set-up, and any recurring costs of the service as agreed upon with RSD. The cost for Annual Support and Maintenance will be set at $250.00, paid annually. Following execution of this MOU, any increases to the Annual Support and Maintenance Fee will not increase at a higher percentage than the local consumer price index of the previous year. Palm Springs PD will also be responsible for their own network security or connectivity costs. Palm Springs PD will also be responsible for any connection and/or licensing costs charged to them by the vendor, if applicable. RSD will be responsible for any fees or costs for the ongoing upgrade, maintenance, and software licensing cost of the CourtNotify system. Palm Springs PD will not be required to pay any transaction, or per access fee for daily use of the system. Resolution of disagreements Disagreements among the parties arising under or relating to this MOU shall be resolved only via consultation at the lowest practicable level by and between the affected parties and their sponsoring agencies and will not be referred to any court, or to any other person or entity for settlement. Term/Effective date/modification/termination The term of this MOU shall be from January 1, 2018 through December 31, 2021. This MOU shall become effective upon the date when the duly authorized representative(s) of each party have all signed it. This MOU may be modified upon the mutual written consent of the duly authorized representatives of all parties. This MOU may be terminated at any time by the mutual written agreement of the duly authorized representatives of all parties. A party's duly authorized representative may also terminate the party's participation in the MOU upon written notice to all other parties of not less than thirty (30) days. IN WITNESS WHEREOF, the parties have individually executed this MOU by the signatures of the duly authorized representatives of each participating agency below, and incorporated herein as part of this MOU. Signature: Date: Name: Stanley Sniff Title: Sheriff -Coroner, Riverside County Signature: Name: Title: Sheriff -Coroner, Riverside County Date: For the City of Palm Springs and Palm Springs Police Department Signature: / I4 Date: Name: David H. Ready Title: City Manager Signature: (7Date: /0 3 Name: Bryan Reyes Title: Chicfof9ice Sign a Date: % 2q% '�7 Name: Edward Z. Kotkin Title: City Attorney A ST: APPROVED BY DEPARMENT HEAD �w i 000. v lab Schedule "A" Support and Maintenance Services are as follows: Support Email: CourtNotify@Riversidesheriff.org Support Phone: 951-955-2038 Regular Hours of Service (Pacific Time) 0800 to 1700 hours Monday through Friday After Hours Service (Pacific Time) 1700 to 0800 hours Monday through Friday. All day Saturday and Sunday. All day on observable holidays. Incident/Request for Service Priority All support and maintenance incidents and/or requests for service will be prioritized on the following basis: Priority Definition A Work is stopped to the point that critical business activities cannot continue (ie. loss of major features, file system corruption, data loss, security issues, system outage). B Issue or feature prevents normal operations. C Non -critical features for which a reasonable work around exists. The following table outlines the response times for each priority: Priority Response Time During Regular Business Hours Response time During After Hours of Service A 2 hrs. 6 hrs. B Within 24 hrs. Next Business Day C Within 48 hrs. Next Business Day Scheduled Maintenance Maintenance which is expected to cause unavailability of CourtNotify services for longer than 30 minutes for Palm Springs PD PD should be scheduled upon 72 hours advance notice by RSD. CourtNotify runs on Microsoft Windows Servers (web server and database server) so as a result monthly security and other patches may be required. These patches will be installed during night time or weekend hours generally in the early morning or late evening when usage is lowest. Due to the frequent nature of these patches and the previously listed time periods of installation, no advance notice will be given prior to having the servers patched. Palm Springs PD PD acknowledges that CourtNotify is a commercially acquired software product and not the creation of RSO. As such, any problems reported by Palm Springs PD PD potentially will impact RSO as well and will ultimately be the responsibility of Orion Communications Inc. to resolve as per the terms of the service agreement between those two parties.