19-R-119 Interlocal Agreement with Bexar County Regional Records Management System# i 10 VIDWO19 0 1
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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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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.
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STATE OF TEXAS § STRATEGIC POLICING,
§ ENFORCEMENT,
§ ANALYSIS, AND
COUNTY OF BEXAR § REPORTING SYSTEM
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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.
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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
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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
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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.
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'�.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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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