HomeMy WebLinkAbout03435 - POLICE DIMES SOFTWARE UPGRADE D. I.M.E.S. - 5 yr Contract
Upgrade Software from O.C.S.
w/Cathedral City
AGREEMENT #3435
AGREEMENT FOR DESERT INFORMAL M05446, 10-5-94
MANAGEMENT AND ENFORCEMENT SY
THIS AGREEMENT is entered into this S day of
, 19._�Zl/ , by and between the City of Cathedral City,
a California municipal corporation, the City of Palm Springs, a
California municipal corporations (herein "Agreement" ) , and such
other cities as may join the Agreement at a later date .
R E C I T A L S
A. The City of Cathedral City currently owns and operates
one or more computer database services for the management of public
safety information known collectively as the Desert Information
Management and Enforcement System (herein I'D . I .M.E . S . " ) . The sole
purpose of D . I .M.E . S . is to provide these computer services to
public safety agencies for a fee pursuant to a written contract .
B . At the present time, the following cities have contracts
with the City of Cathedral City regarding the use of D. I .M.E .S . :
the City of Palm Springs . At the present time, the Cities of
Coachella and Indio do not wish to join in this Agreement . The
Cities of Palm Springs and Cathedral City intend for this Agreement
to supersede their existing D. I .M.E . S . contracts and contemplate
that other cities may wish to join the Agreement in the future .
C. By entering into this Agreement, the parties hereto do
not desire or intend the creation of a new, separate public entity.
Rather, the parties intend for the City of Cathedral City to
administer the day-to-day operation of D. I .M.E.S _ and to manage
D . I .M.E . S . except to the extent this Agreement provides specific
duties and powers to the D. I .M.E . S . Board created hereby.
D . To ensure successful creation and implementation of this
second generation of D. I .M.E .S . , all existing surplus funds are
being rolled over into the new system.
T E R M S A N D C 0 N D I T I 0 N S
1 . Purpose . The purpose of this Agreement is to provide for
cooperative utilization of and access to the Desert Information
Management and Enforcement System (D . I .M.E. S . ) by the Police and/or
Fire Departments of the City of Cathedral City, the City of Palm
Springs, and such other cities as may join the Agreement at a later
date with the mutual consent of the other parties hereto (herein
the "Participating Cities") . The parties' goal is to provide the
best possible D. I .M.E .S . services to all Participating Cities .
2 . D. I .M.E .S . Services . At the time this Agreement is
entered into, the parties contemplate that all of the following
D. I .M.E_S . services shall be provided to Participating Cities :
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AGREEMENT FOR DESEV INFORMATION
MANAGEMENT AND ENFORCEMENT SYSTEM
a. Automated PO.LiCe Records Management System (RMS)
including:
Arrest and Booking
Incident. and Crime Reporting
Traffic
Property, and Evidence
Crime Analysis
Internal Statistical Reporting
Field Interviews
b. HP Desk, an electronic mail service
C . CLETS (California Law Enforcement
Telecommunications System) interface
d. Police/Fire/EMS Computer Aided Dispatch (CAD)
E911 Interface
Tow Rotation
Digitized Geofiles
e. Managing Criminal Investigations (MCI)
f . Automated Fire Records Management System
Incident Reporting
CFIRS (California Fire Incident-based
Reporting System)
Hydrant Inventory
Fire Premise Information
Statistical Information Reporting
Inspections
Equipment/Apparatus Module
Fire Personnel/Training
Each of the above items produce their own individual fiscal impact,
and as each Participating City acquires an item, now or in the
future, this may impact the overall fee structure applied to the
agency. Additional application software packages and/or features
are available at an additional charge and will be addressed on an
as-needed basis by the D. I .M.E. S . Board. Addendums reflecting any
approved changes will be required.
3 . Term. The initial term of this Agreement shall be five
(5) years from the date this Agreement is entered into. At the end
of that period, the then-Participating Cities may renegotiate its
terms .
4 . Fiscal Year. The fiscal year of the D. I .M.E .S . program
shall be July 1 throughAJune 30th.
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AGREEMENT FOR DESEV INFORMATION
MANAGEMENT AND ENFORCEMENT SYSTEM
5 . D. I .M.E . S . Board. There is hereby created a board known
as the D. I .M.E. S . Board (herein "Board" ) . The Board shall act
purely as an agent of the parties hereto and shall not constitute
a separate public entity. The Board shall possess only such powers
and duties as are expressly delegated to it pursuant to this
Agreement or later agreement of the parties .
6 . Board Membership. The D. I .M.E . S . Board shall be made up
of one (1) representative from each Participating City. Each
Participating City will have only one (1) vote . The
representative (s) of any Participating City shall be its Police
Chief unless the Participating City' s City Manager designates an
additional or alternative public safety official .
7 . Board Powers and Duties . The D. I .M.E .S . Board shall
possess all of the following powers and duties :
a . Approve all major purchases of hardware, software,
or other supplies related to the delivery of
D. I .M.E_S . services . Major purchases consist of
those items that will cost over $5, 000 . 00 .
b . Review and approve a yearly financial budget which
is subject to the authorized budget appropriation
from each Participating City.
C . Approve all fees for D. I .M.E . S . services .
d. Approve any increase in staffing level . Staffing
level consists of the number of employment
positions for which the Participating Cities are
financially responsible.
e . Provide overall direction for the D . I .M.E . S .
program.
The Board is not a legal entity and does not have authority to
enter contracts, sue or be sued, and, instead, acts as an advisory
body to the Lead Agency and to the Participating Cities . The Board
shall not be involved in the day-to-day operation and management of
D. I .M.E .S . The Board shall take all actions by majority vote only.
The purpose of the Board is to protect the best interests of the
Participating Cities and the respective City Councils . The Board
representatives act within their powers as authorized
administrative personnel of their cities and are subject to
appropriate Council approvals .
8 . Lead Agency. The City of Cathedral City, under the
Police Department, shall be the lead agency charged with day-to-day
administration and management of D. I .M.E. S . and shall possess all
of the following powers -fnd duties, to be carried out by employees,
agents, and independent contractors of the City of Cathedral City,
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AGREEMENT FOR DESEVINFORMATION •
MANAGEMENT AND ENFORCEMENT SXSTEM
to the extent sufficient funding is provided to the City by this
Agreement .
a. Execute contracts pertaining to D. I .M_E. S . services
approved by the Board.
b. Hold any property or revenues jointly acquired by
the parties hereto, for disposition in accordance
with the terms of this Agreement.
C . Own or lease and operate a mainframe computer
sufficient to provide D. I .M.E .S . services pursuant
to this Agreement, with all system-related hardware
and the software described under Terms and
Conditions, Section 2 , D. I .M.E .S . Services, and
obtain proper user licenses for other Participating
Cities . Each Participating City shall provide and
maintain any and all terminals, printers, hardware,
software and peripheral equipment needed by the
city at its own site, including the communication
equipment (LAN bridges, multiplexors, etc . ) needed
to interconnect with the D. I .M.E. S . mainframe (s) .
Usage of such equipment by a participating agency
shall be subject to the approval of the D. I .M.E. S .
Board, in order to assure compatibility with
D. I .M.E. S . hardware and software.
d. Provide office space for the D. I .M.E. S . computer
mainframe, associated peripheral hardware and staff
personnel .
e . Operate, repair, and maintain all D. I .M.E . S .
hardware and software on a 24-hour-a-day basis,
barring circumstances reasonably beyond the control
of the City of Cathedral City. To the extent
feasible, the City of Cathedral City will provide a
backup for the system in the event of system
failure . Multiplexors and other equipment
necessary to connect a given Participating City' s
users to the mainframe shall be repaired and
otherwise maintained by that Participating City.
f . Provide Participating Cities with as many mainframe
ports as such cities desire, up to a maximum of
sixteen (16) ports per city. If additional ports
are requested by a city, then that city is
responsible for all charges related to the addition
of the ports, including but not limited to, CPU
upgrade, purchase of needed hardware, software,
installation, etc . Port access is not equivalent
to progv°am user access which is a separate and
distinct cost .
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AGREEMENT FOR DESEV INFORMATION
MANAGEMENT AND ENFORCEMENT SYSTEM
g. Act as a liaison between other Participating Cities
and the hardware and software vendors holding title
to the equipment and programs used by D. I .M.E .S .
Also act as a liaison and representative of
Participating Cities with the associated hardware
and software user groups .
h. Keep current on availability of improved and
updated programs and exercise reasonable diligence
to keep the D. I .M.E .S . mainframe hardware and
software updated and "state of the art" within such
financial parameters as the D . I .M.E. S . users are
willing to pay. Any upgrades over and above the
normal scope of operations will be initiated on
approval of the D. I .M.E. S . Board.
i . Assist Participating Cities with the setting up of
their equipment, including terminals and printers,
and assist in initially setting up such equipment
to become operational .
j . Assure that its employees have the technical skills
and training to operate all equipment associated
with the D. e: .M.E.S . program, and to make such
employees available to other Participating Cities
on a consultant basis for routing trouble-shooting.
k. Pay on behalf of all Participating Cities any
additional licensing fees which may be required to
the appropriate vendors of the hardware and
software systems made available pursuant to this
Agreement and any associated addendums .
1 . Provide electricity and other utilities involved in
operation of the D. I .M.E .S . mainframe.
M. Hire, compensate, train, supervise and otherwise
provide such employees and other personnel as may
be reasonably necessary to assure smooth and
relatively trouble-free delivery of D. I .M.E . S .
services to Participating Cities pursuant to this
Agreement and in conjunction with staff levels
approved by the D. I .M.E .S . Board.
n. Provide such general financial services, -risk
management services in the area of asset
management, and legal services as may be reasonable
and necessary for the operation of D. I .M.E. S .
However, each party hereto shall bear its own
attorneys' fees in disputes with each other arising
out of tl4is Agreement, except as otherwise provided
herein or by any applicable law.
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AGREEMENT FOR DESA INFORMATION •
MANAGEMENT AND ENFORCEMENT SYSTEM
o . Provide training for the primary staff of
Participating Cities regarding D . I .M.E .S . services .
p . Designate one (1) person as the primary contact to
handle questions and problems arising with
D . I .M.E . S . usage by Participating Cities .
q. Handle all billing and collections for D. I .M.E . S .
services (such as lease payments, support payments,
agency billings, agency accounts receivables,
etc . ) , except as otherwise provided herein.
9 . Fees for D. I .M.E . S . Services . The Board shall establish
one (1) or more fee (s) for the D . I .M.E .S . lead agency services
outlined in Section 8, excluding Items d, 1 and n, based on the
population of each Participating City as published by the
California Department of Finance each year and the individual
public safety division involved, sufficient to fund the cost of the
D . I .M.E.S . program. In setting such fee, the Board shall take into
account any surplus or deficit in fees collected during the prior
year. Fees for a Participating City may also vary due to the scope
of D. I .M.E .S . services desired by that Participating City
(including the number of mainframe ports, level of .program user
access, and additional application programs, if any) . Fees to be
charged to any city shall not be effective unless approved by the
City Council of the respective city.
10 . Lead Agency Administrative Fee . In exchange for the lead
agency services outlined in Section 8, Items d, 1 and n, the City
of Cathedral City shall receive an administrative fee in an amount
to be proposed annually by the City of Cathedral City but subject
to the approval of the Board. The administrative fee shall be
fifteen percent (150) on all revenue generated by fees charged to
Participating Cities for D. I .M.E.S . services pursuant to Paragraph
9 of this Agreement .
In addition to the administrative fee, the City of Cathedral
City may petition the Board for reimbursement by the Participating
Cities of any extraordinary costs incurred by the City in
administering the D . I .M.E . S . program. Extraordinary costs are any
costs that are not normally incurred and reasonably foreseeable in
order for the Lead Agency to provide D. I .M.E . S . services pursuant
to the Agreement . It is understood by the Board that the City of
Cathedral City will act prudently at all times in the area of
fiscal responsibility and not place D. I .M.E.S . in a precariously
unsound financial position. Reimbursement shall be apportioned
among the Participating Cities based on population. Fees to be
charged to any city whether administrative or extraordinary in
nature, shall not be effective unless approved by the City Council
of the respective city.
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AGREEMENT FOR DESERT INFORMATION
MANAGEMENT AND ENFORCEMENT SYSTEM
11 . Fees Payable to the Lead Agency. The City of Cathedral
City shall be responsible for billing and collection of fees for
D. I .M.E .S . services chargeable to Participating Cities . Fees for
D. I .M.E .S . services and the lead agency' s administrative fee shall
be a combined monthly charge, but shall be billed quarterly, in
arrears . A penalty of one percent (10) per month of outstanding
balance shall apply to all billings not paid within forty-five (45)
days of the date the bill was mailed to the Participating City.
Any bill not paid within. forty-five (45) days shall thereafter
be immediately payable with one percent (lo) penalty; on the
sixtieth (60th) day after date of mailing, the penalty amount shall
be two percent (2e) , and an additional one percent (1$) shall be
added each thirty (30) days thereafter. The City of Cathedral City
shall have the right to terminate service to another Participating
City upon review and approval. of the Board and disconnect that city
from D. I .M.E .S . if a second quarterly billing falls into arrears
with the first quarterly billing as yet unpaid.
All fees owing by a Participating City pursuant to this
Agreement, and any penalties thereon, shall be paid directly to the
City of Cathedral City, who shall subtract from such fees collected
both its administrative fee and an amount sufficient to completely
cover the Participating City' s share of actual costs of the
D. I .M.E .S . program to that point . Any money remaining after the
satisfaction of all administrative fees to the City of Cathedral
City shall be earmarked and held by the City of Cathedral City for
ongoing D . I .M.E. S . purposes only including salaries, support
contracts, CLETS line costs, lease payments, etc.
Notwithstanding anything herein to the contrary, fees to be
charged to any city shall not be effective, due, or payable, unless
approved by the City Council of the respective city.
12 . Confidentiality. All Participating Cities shall stress
to their staff the confidential nature of the information or other
cities accessed through the D. I .M.E . S . System. Each Participating
City shall designate which of its data may be made available to
other users, if any. A joint database is recognized as one of the
benefits of the D. I .M.E. S . System, but no Participating City is
obligated to share information with other Participating Cities .
13 . Contact Persons . Each Participating City shall designate
one of its employees who is actively involved in the D . I .M.E. S .
program as a contact person, to work with the Lead Agency and other
Participating Cities using the D. I .M.E. S . System, in determining
what problems have arisen, in helping to identify and solve
problems, in determining what enhancements and upgrading of
equipment would be beneficial., in providing information to the Lead
Agency' s contact person Drior to vendor user group meetings, and to
serve as that Participating City' s representative to any D . I .M.E . S .
users' group which may be established.
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AGREEMENT FOR DESERV INFORMATION •
MANAGEMENT AND ENFORCEMENT SYSTEM
14 . Capital Improvements . To the extent possible, the
D. I .M.E .S . Board shall endeavor to work the cost of upgrading,
repairing, and replacing the existing D. I .M.E .S . mainframe hardware
and software during the term of the Agreement into the fees for
D. I .M.E.S . services . Should the fees collected not be sufficient
to cover such expenses, then the Board may decide to impose such
costs equally among the Participating Cities . The City of
Cathedral City shall collect such additional costs through its
billing process in the same manner as ordinary fees for D. I .M.E . S .
services . Fees to be charged to any city shall not be effective
unless approved by the City Council of the respective city.
15 . Financial Accountability. Even though this Agreement
does not create a separate agency or entity, the parties hereto
wish to ensure accountability of all funds and reports regarding
receipts and disbursements, in compliance with Government Code
Section 6505 . Accordingly, the parties hereto and in particular
the Lead Agency, shall during the term of the Agreement keep and
maintain records of all funds, receipts and disbursements expended
or incurred by them with respect to D. I .M.E.S . services provided or
received by them under this Agreement .
An audit shall be conducted whenever requested by a majority
of the Board or required by applicable law. The costs of such an
audit shall be divided equally among the Participating Cities .
16 . Disposition of ProtDerty Liability, and Surplus Monies in
the Event of Termination. In the event that this contract
terminates and is not renewed or renegotiated in any fashion by any
of the then-Participating Cities hereto, then any property or
surplus money, relating to the D. I .M.E.S . program shall be
distributed in the manner provided by this section.
Upon such termination, the City of Cathedral City shall retain
ownership of any remaining assets relating to the D.I .M.E.S .
program which it possessed prior to entering into this Agreement .
Any property jointly acquired by the parties during the term of
this Agreement shall be sold at a private or public sale at the
discretion of the D. I .M.E .S . Board and the proceeds thereof pooled
with any surplus monies on hand and applied toward the satisfaction
of any outstanding contractual liabilities of the Lead Agency
incurred during this Agreement . Any then remaining property or
surplus money shall be distributed equally among all then-existing
Participating Cities .
17 . No Warranties . No party hereto makes or represents a
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 all parties DO HEREBY DISCLAIM ANY
AND ALL SUCH WARRANTIES, INCLUDING SPECIFICALLY ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
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AGREEMENT FOR DESERI INFORMATION •
MANAGEMENT AND ENFORCEMENT SYSTEM
CONCERNING ANY SUCH SERVICE OR EQUIPMENT PROVIDED PURSUANT TO THIS
AGREEMENT.
18 . Hold Harmless ; Indemnity. No Participating City nor any
of their officers, agents, servants, nor employees shall be liable
for any liability, claim, demand, debt, damage, suit, action, or
cause of action of whatsoever kind, nature, or sort, including, but
not by way of limitation, wrongful death, personal injury, or
damage to property, the expenses of defense of said parties and the
payment of attorney' s fees in any such claim or action, occurring
by reason of any acts or omissions on the part of any other party
to this Agreement or in connection with any work, authority, or
jurisdiction delegated to the; Board or any other Participating City
under this Agreement . It is also understood and agreed that
pursuant to Government Code Section 895 .4, each Participating City
shall fully indemnify and defend and hold each Participating City
harmless from any liability, claim, demand, debt, damage, suit
action or cause of action of whatsoever kind, nature, or sort (as
defined by Government Code Section 810 . 8) occurring by reason of
any acts or omissions on the part of that Participating City under
or in connection with any work, authority, or jurisdiction
delegated to said Participating City under this Agreement .
19 . Termination. Each Participating City retains the right
to terminate this Agreement with respect to said City and withdraw
from D. I .M.E .S . at any time, with or without cause, upon forty-five
(45) days' written notice to the Board. In addition, for "good
cause" , the D. I .M.E.S . Board shall retain the right on a 2/3 vote
of its membership to terminate this Agreement with respect to any
Participating City. Failure to timely pay fees established
hereunder or fulfill any other obligation of this Agreement, shall
be presumed to be good cause for termination. In the event of good
cause termination by the D. I .M.E .S . Board, the date of termination
shall be such date as shall be established by the Board. In the
event of termination under this section, all services shall be
immediately ceased as of the date of receipt of the Notice of
Termination, provided that the terminating/terminated City shall
meet all financial obligations incurred prior to the date of
termination.
20 . Notices . Any notice required or authorized under this
Agreement shall be sent by regular mail, addressed as follows :
For the City of Cathedral City: City Manager
CITY OF CATHEDRAL CITY
Post Office Box 5001
Cathedral City, CA 92235-5001
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0
AGREEMENT FOR DESERT INFORMATION
MANAGEMENT AND ENFORCEMENT SYSTEM
For the City of Palm Springs : City Manager
CITY OF PALM SPRINGS
Post Office Box 2743
Palm Springs, CA 92263
An information copy of any such notice shall also be sent by
the party providing notice to the other parties' designated contact
person at that person' s known work address . Failure to send such
information copy shall not be a legal defect in providing notice,
-
service on the City Manager being sufficient .
21 . 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.
E X E C U T I O N S
IN WITNESS WHEREOF, the undersigned represent that they have
read this Agreement and possess sufficient authority to bind the
city on whose behalf they ;sign to each and every term thereof .
This Agreement shall be deemed executed as of the date first
written above.
CITY 0 CATHEDRAL I Y
BY: � -
City Manager 61
,ATTES
IvyOO
Cit Clerk
APPROV AS ;�FQ
City At orrl
APPROVED AS TO CONTENT:
Chief of Police
[SIGNATURES CONTINUED ON NEXT PAGE]
PS2\276\014084 0OWI\2116999.2 10/11/94 -1 Q-
AGREEMENT FOR DESERT' INFORMATION 0
MANAGEMENT AND ENFORCEMENT SYSTEM
CITY '44�n--
City
By:
ATTEST:
City 'G7�k
APPROVED AS TO FORM:
RUTAN & TUCKER
,e,P��. . VE�^ BY THE CITY COUNCIL
City Att�brney h ��� �'
APPROVED AS TO CONTENT:
Chief of Police
a
[END OF SIGNATURES]
PS2\276\014084-0001\2116899.2 10/11/94