Loading...
19-R-119 Interlocal Agreement with Bexar County Regional Records Management System# i 10 VIDWO19 0 1 r. V an M N VA r s # # I .r # # L WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the City enter into an interlocal agreement with the County of Bexar, Texas (County) relating to the creation of a Regional Records Management System; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Bexar County pursuant to the Interlocal Agreement attached hereto as Exhibit A (the "Agreement"). Section 1. The City Council hereby authorizes the Mayor to execute and deliver the Agreement with City and the County in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be trul and such recitals are hereby made a part of this Resolution for all purposes and are adopted as pail of the judgment and findings of the City Council. I Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions • this Resolution shall • and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalUt provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is ado�► ted was oGten to the it lic and Loblic notice of the time, lace and sub�ect matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 55 1, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. i� � � - r�� = r • � r� r � . . � . � ... f �, .� <, ;., mac_ 50417899.1 A -1 STATE OF TEXAS § STRATEGIC POLICING, § ENFORCEMENT, § ANALYSIS, AND COUNTY OF BEXAR § REPORTING SYSTEM I 6J X611 V WHEREAS, the Parties have developed a mission to partner with area law enforcement agencies in standardizing crime reporting by creating seamless, consolidated law enforcement records and a data sharing system through which the law enforcement agencies will be working together in a spirit of cooperation, trust, dedication, honesty, commitment, and accountability; and WHEREAS, the Parties recognize the value in pooling their resources to create a uniform and seamless system which will greatly assist all participating agencies and the general public through improved data collection and data sharing; and WHEREAS, COUNTY has contracted with a RRMS manufacturer to purchase, license and install all necessary software to implement such a consolidated law enforcement records management system; and WHEREAS, the RRMS manufacturer offers participating agencies a data collection and sharing system that can meet the collective and individual needs of each participating law enforcement agency; and WHEREAS, this Agreement and all attachments incorporated by reference herein set forth the scope • the Parties' responsibilities as well as the benefits AGENCY will receive by participation in the RRMS. eye, ill MZM=-. 11301310y Terms used *in this Agreement—that are not otherwise fully defined in the Agreement— have the following meanings: a. SPEARS: A multiisdictional electronic law enforcement records management and sharing law enforcement incident information regionally. b. Bexar County Network: COUNTY's hardware and software components and computers interconnected by secure communication paths that allow sharing of resources and ffiformation. C. Computer Aided Dispatch System (CAD): Highly specialized telecommunications and geographic technology that supports public safety emergency response operations. d. Data: Any record produced by COUNTY, AGENCY, or Member Agency which is converted, digitally created, collected, and/or stored on the RRMS. e. Data Entry Standards: RRMS user guide and help documents provided by COUNTY describing data entry standards and procedures for the RRMS. f. Level of Authority: Level of access that a user within AGENCY or a Member Agency has to RRMS data. 9. Local Information System Coordinator (Local ISC): An AGENCY or Member Agency employee responsible for coordinating with the Project Manager for RRMS implementation, training, and on-going support. h. Microsoft Azure Government (MAG) Cloud: A complete cloud platform designeti specifically for U.S. Federal, State, and Local Governments providing cost savings opportunities, rigorous security and compliance — including FedRAMP, HIPAA, and CJIS-capable features — I . . - • tntpiAibliel, or Couivate cloud ated o-,•en Itclatform from one provider. i. Member Agencies: Other law enforcement agencies entering a RRMS agreement with COUNTY. j. Project Manager: Person designated by COUNTY charged with planning and coordinating the implementation and ongoing support of the RRMS to be created under this Agreement. 1. Shared Technology Service (Shared Service): A technology service or function that is provided by one organization, COUNTY, for consumption by AGENCY and Member Agencies through the terms of this Agreement or other RRMS agreement. ARTICLE 11 RENEWAL -TERM AND" AUTOMATIC-, DUTIES ARTICLE RESPONS111BILITIES- NUMUMIMUIVIN" 011 COMA&M AN 14OWNTO 411 4"S WN 4.01 COUNTY will purchase, own, implement, and operate the Shared Service on the Bexar County Network including: a. HOST SERVER. COUNTY shall provide the production environment with adequate storage, processing capability, high server availability, and data integrity for the RRMS. COUNTY shall provide data redundancy. The production and the backup(s) being used to store data for the RRMS will be located in secure, separate geographical locations. b. CLIENT SOFTWARE. COUNTY shall provide the latest stable version of the RRMS client software either as an installer package for local installation by AGENCY or through the MAG Remote Desktop Web Portal for an AGENCY workstation capable of and requiring access to RRMS. C. COMMUNICATIONS LINK. COUNTY shall provide their end point of presence for a communications link that provides adequate bandwidth, security, and reliability to be used as the primary link between the Parties. 4.03 MAINTENANCE AND SUPPORT. COUNTY will provide the following maintenanc* and support of the Shared Service: is TECHNICAL SUPPORT TO AGENCY. COUNTY agrees to provide basic technical support to AGENCY related to connectivity and the RRMS software. COUNTY will provide support and respond to all problems as soon as is practicable, if the problems are properly reported according to these procedures: SUPPORT PROCEDURES: I Level I Support — all issues related to RRMS shall first be reported to the Local ISC at AGENCY, who shall resolve problems with all local hardware, software and network issues or utilize AGENCY's own support services for local hardware or software problems unrelated to the RRMS. 2. Level 2 Support — if the Local ISC cannot resolve a technical issue related to RRMS, the problem may be reported to COUNTY. 4.05 COUNTY shall fulfill its Texas Crime Information Center/National Crime Information Center (TCIC/NCIC) responsibilities pursuant to the Terminal Agency Agreement and the Non-Satellite Based Computing Device Agreement executed between AGENCY and COUNTY. For Texas Department of Public Safety and CHS Security reasons, the Bexar County Sheriffs Office (BCSO) will be designated as the hosting agency. ARTICLE V -AGENCY S_ D"UTIES AND RESPONSIBILITIES NUMEM 5.08 DATA ENTRY. AGENCY shall ensure that all data entered onto the RMS shall adhere to the provided Data Entry Standards. 5.09 SECURITY BREACHES. AGENCY shall promptly report any suspected security breaches on the AGENCY network and the Bexar County Cyber Emergency Response Team via email at !:� or via phone at (210) 335-0100. 5.10 USERACCESS. COUNTY shall create a "security profile" for each user, including the appropriate Level of Authority for access to the RRMS. The Level of Authority for each user shall be determined by the head of AGENCY and COUNTY. AGENCY shall provide written notification to the R► MS Administrator, or designee, as soon as possible, but not later than 48 hours of a user no longer requiring access to RRMS. In addition, AGENCY will provide to COUNTY a quarterly list of all current users. 6.02 MAINTENANCE AND SUPPORT COSTS. Required maintenance and support costs are contained in Exhibit B. AGENCY shall pay COUNTY an annual amount for support, maintenance, and Microsoft Azure Government (MAG) cloud subscription costs. 6.05 BILLING PROCEDURES. The billing procedures shall be as follows: a. COSTSCHEDULE it AGENCY must make the payments for the services it receives under this Agreement from current revenues available to AGENCY. ARTICLE V111 flA&16)W11 1 7.02 If COUNTY fails in its performance of its obligations under this Agreement, AGENCY may, at its option, provide written notice of the default and allow COUNTY thirty (30) days to cure the default, If COUNTY cures the default within such thirty (30) day period, this 1, 111 10 1 freUM-4T MIDI-31 Ca 111inj k.34') Udj' PorITT, (71 aTlll=�TjrW-1—LfM I It E-T'V'0777_ default, AGENCY may elect to terminate this Agreement and shall give COUNTY written notice of the date of termination. AGENCY may pursue all rights and remedies available to AGENCY under this Agreement, by operation of law, or otherwise. 7.03 Upon termination of this Agreement under Article VII, neither party will have further obligations to the other except for: (1) payment of any outstanding invoices at the time of termination; (2) any liability for breach of this Agreement occurring prior to termination; and (3) performing an obligation under this Agreement created by a provision which expressly survives termination of the Agreement. ARTICLE VIII LA 1 TERMINATION OF SHARED SERVICE BY BEXAR COUNTY 8.02 COUNTY may elect, at its sole discretion, to terminate its provision of the Shared Service, and such termination shall not constitute a breach • this Agreement. Unless there are circumstances which make an earlier termination advisable for COUNTY, COUNTY shall give AGENCY written notice • the termination a minimum of one hundred eighty (180) days prior to September 30th of the current year. 029MM OUT10,1211 1� I I NUM11 '�.O I Because the Data contained in RRMS is of a highly sensitive nature, protected by laws, regulations, and policies from many forms • disclosure, and owned • each contributing Member Agency, access to and use of RRMS and the Data therein carries with it a significant burden • responsibility for each user and user agency. 9.04 Each Party is responsible for responding to Public Information Act requests under Chapter 552, Texas Government Code, relating to Data owned • each Party which is contained in RRMS. If a request is made to AGENCY for access or release of Data of COUNTY or Member Agency, AGENCY shall direct the requestor to COUNTY • the Member Agency that created or granted access to that Data. ARTICLE X LIMITATION AND LIABILITIES 10.01 COUNTY shall not be liable for any claims, damages, or attorney's fees arising from negligent or wrongful acts of employees of AGENCY. In no event shall COUNTY be liable to AGENCY for incidental, consequential, indirect, or punitive damages arising from any act or inaction by COUNTY or its employees. 1W 1W, WIN. 10.03 Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than the Parties hereto, any benefits, rights, • remedies under or by reason • this Agreement. Eve N 11.01 All notices provided to be given under this Agreement shall be in writing and shall either be personally served against a written receipt therefore or given by certified mail oi NUMAXMININUMN 1231161VARMomm at me MUM TIMM appcws OUNIT, -or RL NJX11 11111CI d(L&TChh dh L11V rMLION 111di, 11CMU11— designate. All notices given by mail shall be deemed to have been given at the time of deposit in the United States mail and shall be effective from such date. If to AGENCY: City Manager City of Schertz 1400 Schertz Parkway Schertz, TX 78154 With a copy to: City IT Director City of Schertz 1400 Schertz Parkway Schertz, TX 78154 Chief of Police ,f0, Parkway Schertz, TX 78154 If to Bexar County: Bexar County Judge Bex ar County Commissioners Court Paul Elizondo Tower 101 W. Nueva St., Suite 1000 San Antonio, Texas 78205 With copies to: Chief Information Officer Bexar County Information Technology Department 203 W. Nueva, Suite 200 San Antonio, Texas 78207 [rexar County Sheriff s Office 200 North Comal San Antonio, Texas 78207 ARTICLEXI DELEGATION AND ASSIGNMENT 12.01 Neither Party may delegate the performance • any contractual obligation to a third party, unless mutually agreed in writing. A Party to this Agreement may not assign its rights, privileges and obligations under this Agreement in whole, or in part, without the prior written consent of the other party. Amy attempt to assign without such approval shall be void. IFIVI%ffal M ow.1411 U5 1310 U0 11191 1 OMNI .. 3 k's I kq I V 9 1 NO KOISM 13.01 No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date of commencement of this Agreement, and be duly approved by the governing bodies of the Parties. ARTICLE XIV ZEXAS"M-12-1 i 14.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas and all obligations of the Parties created hereunder are performable in Bexar County, Texas. 15.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalid, illegal, or unenforceable provisions shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. MUM- SHU19"IM 16.01 The Parties shall comply with all Weral, state, and local laws and ordinances in connection with the work and services performed under this Agreement. W-1191,01 19LUUMMQ�w� 18.01 This Agreement, including the exhibits, constitutes the entire agreement of the Parties regarding the subject matter of this Agreement and supersedes all previous agreements and understandings, whether written or oral, relating to such subject matter. F411 'A V I at M DW114 F3 oil M 2 1 19.01 Each Party represents that it has the authority to enter into the Agreement and that all necessary procedures have been followed to secure authorization to enter into this Agreement from the party's respective governing body. Each person signing the Agreement represents and warrants that they have been duly authorized to do so. ARTICLE A,�i 20.01 This Agreement may be executed in separate identical counterparts by the Parties hereto and each counterpart, when so executed and delivered, will constitute an original instrument, and all such separate identical counterparts will constitute but one and the same instrument. EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, this the - day • - 2019. N0 Di e I rd [0) a t3 W, W41 By: NELSON W. WOLFF Bexar County Judge By: SUE JANA Assistant District Attorney - Civil Section ..... ..... §U`§-A-R-YEATTS Bexar County Auditor IFAVID SMITH SPEARS RRMS INTERLOCAL SERVICES AGREEMENT Terms of Use of Bexar Cou4tj_k1fbnnafion and Electronic Systems 3, Electronic Access Requirements, AGENCY may request electronic access for AGENCY personnel on a "need to know" basis. When electronic access is provided to AGENCY, these Section 3 ternis apply: Y a i t i :i , i t M- ULUJ MOU 10,211 SERVICE ONE-TIME RECURRING BILLING ADJUSTED DESCRIPTION COST(S) COST(S) QUANTITY FREQUENCY COST Full Lif me Officer WAIVED $280.00 Annually 55 $15,400.00 ce nse Part Time Officer WAIVED $140.00 Annually 0 =0 $0.00 License Azure Hosting Fees — N/A $180.00 Annually 55 $0.00 Per Officer License Azure Storage Fees" N/A Actual Annually TBD $0.00 Implementation Fees N/A $48.00 Hour D 90 ays TBD Post Go-Live TBD Maintenance/Suppor i N/A $48.00 our J:Annual) y TBD TBD Fees TOTAL $15,400.00 *Azure Hosting Fees will not begin until the FY20-21 Fiscal Year beginning October 1, 2020. **Azure Storage Fees will be based on actual consumption, and billed annually in arrears beginning October 1, 2020. 0-1,111921M