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HomeMy WebLinkAboutReso - CC - 011-2000RESOLUTION NO. 11-2000 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AGREEMENT BETWEEN THE CITY OF BURLINGAME AND THE CITY OF MILLBRAE FOR SHARED COMPUTER SERVICES TO SUPPORT LAW ENFORCEMENT OPERATIONS RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the City of Burlingame Police Department has developed an effective records management and dispatch system; and WHEREAS, the City of Millbrae is enhancing its records management and dispatch system and wishes to share in Burlingame's system; and WHEREAS, such a sharing of costs, equipment, software, skills, and knowledge will be cost-effective for both cities; and WHEREAS, this agreement will also mean that information will be more readily available in the two communities for handling crimes and dealing with criminals, i NOW, THEREFORE, IT IS RESOLVED AND ORDERED: 1. The City Manager is authorized and directed execute the Agreement attached hereto as Exhibit A by and on behalf of the City. 2. The Clerk is directed to attest to the signature of the Manager. a,4 ph - 0/ MAYOR I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 19t6ay of January 2000, and was adopted thereafter by the following vote: AYES: COUNCii. EMBERS: COFFEY, GALL I GAN, JANNEY, 0 "MAHONY, SP I NELL I NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE aW,,A-- CITY CLERK AGREEMENT BETWEEN THE CITY OF MILLBRAE AND THE CITY OF BURLINGAME FOR SHARED COMPUTER SERVICES IN SUPPORT OF LAW ENFORCEMENT ACTIVITIES THIS AGREEMENT made and entered into by and between the CITY OF MILLBRAE ("Millbrae"), a municipal corporation, and the CITY OF BURLINGAME ("Burlingame"), a municipal corporation, as of JANUARY i g, 2nno 1009. 1. PURPOSE The Burlingame Police Department ("BPD") and the Millbrae Police Department ("MPD") wish to share the costs and benefits of computers services as described in this Agreement, including, but not limited to, computerized police records and police dispatch (CAD) systems. 2. TERM OF AGREEMENT The initial term of this Agreement shall be from 1999, to 2002. 3. SCOPE OF SERVICE SHARING A. The initial scope of shared computer services shall be: 1) Automated police records; and 2) Computer-aided dispatch (CAD). B. The parties may agree in the future to share the costs and benefits of other computer services, such as mobile client and on-line booking. C. The computers required to provide the agreed-upon services are located at the Burlingame Police Department, and it is intended that those computers shall remain at that location. D. Millbrae agrees to accept the existing software for operating these services in its current state. 4. SYSTEM ADMINISTRATOR The System Administrator for providing services under this Agreement will be Officer Ronda Caine of the BPD. The System Administrator shall provide assistance to MPD regarding services under this Agreement when internal MPD resources are not sufficient to deliver those services. The System Administrator may designate another Burlingame employee to provide those services CAWP511FILESWolim\millbraecomp2.ag.wpd 1 7/14/99 or after consultation with MPD, contract with an independent contractor to provide those services. 5. ACCESS A. Only MPD employees duly authorized by the Chief of MPD and BPD employees duly authorized by the Chief of BPD shall have access to the services provided pursuant to this Agreement. Either Chief may determine that certain information shall not be shared with some or all of the employees of the other police department, and such designated information shall remain confidential. The shared access to information under this Agreement shall be available at all times that equipment and software are properly functioning. B. Each party shall be solely responsible for ensuring that access to and usage of the services provided pursuant to this Agreement is in compliance with state and federal laws governing access, usage, dissemination, disclosure, and copying. C. Either one of the Chiefs may, or with the approval of the Chiefs of MPD and BPD, the System Administrator may, authorize persons who are not employees of either MPD or BPD to have access to the services provided pursuant to this Agreement, particularly when such access is necessary to work on a component of the system. 6. COMPUTER SYSTEMS COMMITTEE (CSC) BPD and MPD shall form a computer systems committee (CSC) to monitor the shared computer system's performance, plan for upgrades and enhancements, recommend cost-sharing arrangements, and resolve operational and service problems. Each party shall appoint three employees to serve on the CSC. The System Administrator shall be a member of the CSC. 7. COSTS AND PAYMENTS A. The costs required to upgrade BPD's current base computer system to accommodate the services required by both BPD and MPD under this Agreement shall be shared by both parties. The Chiefs of BPD and MPD or their designated representatives shall meet as needed to determine the allocation of costs. However, the principle shall be on a 50-50 basis, except that Millbrae shall not be obligated to pay any costs incurred by Burlingame to develop the current base computer system prior to the date of this Agreement. B. Burlingame shall continue to pay for those licensing and maintenance costs incurred prior to the date of this Agreement. All additional licensing and maintenance costs incurred to extend BPD'S current level of computer services to MPD shall be paid by Millbrae. C. If any significant changes are required to be made to existing software being used by BPD in order to accommodate the computer services required by MPD, Millbrae shall compensate CAWP5 I\FILEWolicemillbraecomp2.agr.wpd 2 7/14/99 Burlingame for the work involved. Before obtaining any such changes, Burlingame shall obtain MPD's agreement to the work and costs to be incurred through the CSC process. D. MPD will contract separately with Hitech Systems for licensing and usage of the software necessary from Hitech Systems for MPD usage. Any changes requested to the Hitech Systems software that are not covered under the Hitech Systems maintenance contract shall be negotiated and paid for by MPD separately. MPD shall notify the System Administrator of any changes to the software that MPD requests of Hitech Systems. E. MPD may purchase additional computer hardware for its facilities and vehicles, and those purchases shall be paid for by Millbrae. F. Burlingame employees providing services under this Agreement shall remain Burlingame employees at all times when providing those services and shall not be eligible for any employment compensation or benefits of any kind from Millbrae. However, MPD agrees to reimburse Burlingame for the direct costs incurred by Burlingame when a Burlingame employee, such as the System Administrator, provides direct and dedicated services to MPD, including computer training, under this Agreement; payment for those direct costs are only required when Burlingame requests reimbursement in writing. MPD employees shall be welcome to participate in shared in- house training with Burlingame on a space -available basis; this in-house training shall be free of charge to MPD unless separate materials and equipments costs are incurred, and then shall be on a shared cost basis with Burlingame. G. If one of the parties wishes to purchase additional equipment or software subject to this Agreement, and the other party declines to do so, the party wishing expansion may proceed with its purchase. However, should the declining party later wish to have the additional service provided by that equipment, it shall proportionately reimburse the other party for necessary costs that have already been incurred to provide that service. H. Burlingame shall deliver an invoice to MPD for any costs or expenses to be reimbursed pursuant to this Agreement, and MPD shall pay the amounts shown on the invoice within thirty (30) days of delivery of the invoice except for any specific amount or cost objected to. pursuant to this paragraph. Within twenty (20) days of delivery of the invoice, MPD may object in writing to Burlingame regarding any amount or cost shown on the invoice that MPD believes is incorrect or improper, and then the CSC shall meet and attempt to resolve any questions or concerns regarding that specific amount or cost. 8. ASSIGNABILITY AND SUBCONTRACTING The services to be performed and provided under this Agreement are unique and personal to both parties. No portion of these services shall be assigned or subcontracted without the written consent of the other party, except as otherwise provided in this Agreement. C:\WP51\nLES\Policeknillbraecomp2.agr.wpd 3 7/14/99 9. NOTICES Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To Burlingame: Chief of Police Burlingame Police Department 1111 Trousdale Drive Burlingame, CA 94010 To Millbrae: Chief of Police Millbrae Police Department 621 Magnolia Avenue Millbrae, CA 94030 or personally delivered to the other party to such address or such other address as that party designates in writing to the other. 10. WAIVER No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 11. TERMINATION OF AGREEMENT Either party may terminate this Agreement with or without cause by giving not less than sixty (60) days written notice of termination. However, no notice of termination in excess of one year shall. be effective for any purpose. The parties agree that upon notice of termination, they shall work together to allow both departments the ability and time necessary to provide previously -shared computer services on an independent basis. MPD shall retain all routers for T-1 equipment and all computer equipment installed at MPD, including all personal computers, printers, servers, and cabling. Upon termination, MPD will be entitled to transfer and print out a copy of all information from the CAD and RMS relating to Millbrae records as well as any incidents handled by or involving MPD. 12. NOT A JOINT POWERS AGREEMENT Nothing contained in this Agreement is intended to, nor shall it be construed in any way, to be a joint powers agreement of any kind. CAWP51\FILES\PolimNnillbraewmp2.agr.wpd 4 7/14/99 13. AMENDMENT OR EXTENSION OF AGREEMENT No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by both parties. It is intended that this Agreement will be extended, and such an extension would occur through a written amendment to this Agreement. If an additional party is to receive services from either Burlingame or MPD in connection with services to be provided under this Agreement, a written amendment to this Agreement shall be executed defining how that additional party is to share in the costs of the services. 14. ENTIRE AGREEMENT This Agreement constitutes the complete and exclusive statement of the Agreement between the parties. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated on page one (1). CITY OF BURLINGAM E UA ATTEST: City Clerk, City of Burlingame Recommended by: Chief of Police, Burlingame Police Department Approved as to form: City Attorney, City of Burlingame CITY OF MILLBRAE ATTEST: City Clerk, City of Millbrae Recommended by: Chief of Police, Millbrae Police Department Approved as to form: City Attorney, City of Millbrae C.NWP5I\FILES\Police4nillbraecomp2agr.wpd 5 7/14/99