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HomeMy WebLinkAboutC-2284PARKING AMENDMENT NO. 5 TO AGREEMENT FOR ENFORCEMENT SERVICES SECURITY SYSTEMS, INC. This Amendment No. 5 is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and Inter -Con Security Systems, Inc., a California Corporation, with respect to that certain Professional Services Agreement between the parties dated April 25, 2007 ( "Agreement "). The parties agree as follows: 1. Section 3.1.1 of the Agreement (General Scope of Services) is hereby amended by amending No. 3 of the Additional Provisions Section in its entirety as described in Exhibit "A" attached hereto and incorporated herein by reference. 2. Section 3.1.2 of the Agreement (Term) is hereby amended by extending the term to June 30, 2013. 3. Section 3.2.5 of the Agreement (Substitution of City's Representative) is hereby amended changing the title of Interim Chief of Police Robert Guthrie to Chief of Police. 4. Section 3.3.1 of the Agreement (Compensation) is hereby amended to read in its entirety as described in Exhibit "C" attached hereto and incorporated herein by reference. 5. All the remaining terms and provisions of the Agreement are hereby reaffirmed. [SIGNATURES ON NEXT PAGE] In witness whereof the parties have executed this Amendment No. 5 on the date set forth below. 0 I I 1- I - Dominic LazzaieW City Manager Date: APPROVED AS TO FORM: Stephen P. Deitsch City Attorney CONTRACTOR Inter-Con Security Systems, Inc. Nei a da u' Chief Financial Officer Title Date: 16 � c6' 1 I,- Richard Stack Senior Vice President Title Date: �u4le Z. CONCUR: Robert Guthrie Chief of Police 3. The sum of FIFTY DOLLARS ($50.00) per quarter hour (15 minutes), to a maximum of $200.00 per open shift, shall be assessed for the amount of damages suffered by the CITY, and INTER -CON hereby agrees to pay said amounts as liquidated damages for each time a scheduled shift, or portion thereof, remains unfilled by INTER -CON due to a shortage in staff as a result of INTER -CON's issues versus personnel matters that are outside of INTER -CON's control. EXHIBIT C Current Position Classification New Position Classification Proposed Hourly Rate PER I PER 3 $20.80 PER 4 $21.06 PER II PER 5 $21.32 PER 6 $21.59 SPER 2 $22.68 SPER I SPER 3 $22.97 SPER 4 $23.26 SPER II SPER 5 $23.44 SPER 6 $23.73 SPER III SPER 7 $24.03 SPER 8 $24.33 SPER 9 $24.63 The total contract amount for this agreement is not to exceed the amount of $162,249.52. Special Provisions: • The rates above are based on services provided for 128 hours per week. A rate adjustment will be made for any significant decrease in service hours. • Training up to 400 hours will be billed to the CITY, as incurred. Should the amount exceed 400 hours and the excess hours occurred as a result of removal of a contract employee as a result of a request made by the CITY, the CITY shall be liable for additional hours above 400. If the excess was as a result of INTER -CON removing the employee or the employee leaving employment with Inter -Con, additional training hours will not be billable. • Special Event hours and /or Additional Details as requested by the CITY will result in additional billable hours for service performed. • Court- related time will be set at a one -hour minimum or actual time (at the overtime rate if not on- duty). • The advancement through the salary steps is discretionary based upon satisfactory performance and continuous service in the same classification. Qualified contract employees may receive a step increase at 12 -month intervals. • The CITY will pay for a total of eight holidays: New Year, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas. The hourly rates shown include the cost of two (2) clean and maintained vehicles with average mileage per vehicle of 25,000 per year. Mileage over 25,000 for each vehicle will be charged at the IRS specified rate. O O O N N M Ir N M O O (D O d O et Cn sY N U3 O O M 000 000 N N O N m c C3 W V C6 N m N n j O Q d3 (A C7 o Q W o o co (n o W W 0 ® O N O � N r d' 01 W W m � V w tf W ~ h Z h Z >,: O v O ro (O LO to n Z J C d OYi O N O O Vim O Q Z Q).'.'..0) 0.' :,.a v O (R 00 69 O N} d '—l' @ 00 M O N N M N 5 .0 03..E @ O 04 O N 0 M M O M = It W` 69 (H 6q (fl (H (A (A O O O O O (O O O co O Co O 0 O p F- Q S V N N N h- co O � O .Od. CO Y N ?y N 1 S O W O N N C Vi O O O O V V @ O O O O V V i Il O O N O N O S U L O (D O 00 O N F W @ O OD O N O O N O N t7 C O O 00 O N h � 'L N@ O co O W V Zp O N O r r O O � J F 0 O) 01 O) ) N @ Q N > > C, ` d N C (6 7 > Q O E O C ,C L y Y O "O O C L ---0 (O C N @ C@ @ C N @ C@ @ C@ O U E O U E a w E a w E a w E a w E a w E 0° oa �� o� m C ._ 0 `� c E E c E c N E 0) c E O �UN 0 �U C V M �UN �(@J O a iiCi C Y —O a -?5 'C O a C Y O a C Y O a C -?5 O a c W W N@ C N cnaww W @ O <nawrt @ N awOf @ N aww @ N awe C. cn a • • 1 r oo -�� Caas� MEMORANDUM OF AGREEMENT FOR THE LOS ANGELES REGIONAL INTEGRATED LAW AND JUSTICE PROJECT AMONG THE REGIONAL TERRORISM INTELLIGENCE AND INTEGRATION SYSTEM PARTICIPATING AGENCIES 1. OVERVIEW a. Background: The mission of the Los Angeles Regional Integrated Law and Justice Project ( "LARILJP ") is to coordinate the development and implementation of a regional justice information sharing system that will allow law enforcement agencies throughout Los Angeles County to share information in their case and records management systems. The goal is to protect the total community by efficiently and effectively providing accessible, accurate information for the speedy investigation and apprehension of terrorists and other law violators. The sharing of information shall be achieved through the COPLINK System ( "COPLINK "). A "Contractor" (currently Knowledge Computing Corporation) shall install and maintain COPUNK. b. Intended Benefits: By sharing public safety information, LARILJP participating agencies ( "Agencies" or "Agency ") will be able to improve their responses to terrorism and community crime. COPLINK provides sophisticated analytical tools that will allow authorized users to discover links and relationships by providing consolidated data across Los Angeles County. This will allow Agencies to solve previously "unsolvable" incidents and investigate serial criminal activity. c. Purpose: The purpose of this agreement, or "Policy" is to outline conditions under which the Agencies will share and use information in COPLINK. By signing this Policy, Agencies, as well as all individuals who operate or use COPLINK, agree to adhere to the guidelines specified in this Policy. d. Agency Participation: The LARILJP is a cooperative venture of justice agencies in Los Angeles County, California. Any law enforcement agency in Los Angeles County can apply to participate in LARILJP. To participate in LARILJP and have access to COPLINK, an applicant should apply to the LARILJP Governance Committee by submitting a proposal that outlines its intended use of COPLINK, the type of data it intends to contribute, and any other information requested by the Governance Committee. A simple majority vote of approval of the Governance Committee is required to approve an Agency's participation in COPLINK. Once approved, each Agency will proactively cooperate with other participating Agencies, 0 0 the Contractor, and its own system vendors and or maintenance contractors to facilitate: 1. Network access and connectivity 2. Data extracts for engineering and testing purposes 3. Production extracts 4. Required modifications to their source systems 5. Regular data updates as agreed to during the design process 6. Timely review and approval of design documents and test results e. Agency Withdrawal: An Agency may withdraw from participation in COPLINK at any time by providing written notice to the LARILJP Governance Committee. If an Agency wishes its data withdrawn from COPLINK, the withdrawing Agency shall contact the Contractor and request data removal. The withdrawing Agency is responsible for the cost associated with the removal of its data from COPLINK. IIAIIIIY'. WITarki01119-07. II11yo a. Sharing of Information: Each Agency authorizes the release of information residing in its records management system to all users of COPLINK as permitted by law. It is the responsibility of each Agency to specify which data to share, as well as any special requirements that may apply to certain kinds of information. An Agency that does not want certain data made available from its records management system to COPLINK is responsible for ensuring that the data is not included in data transfer to COPLINK. An Agency that wants data from its records management system to be made available only to a select group of COPLINK users is responsible for placing the appropriate restriction indicator on the underlying data in the agency's internal records management system or database. California law prohibits the release of victim information in specific sex related crimes, and the release of summary criminal history to unauthorized persons. b. Limitation on Information Sharine: Information contributed by each Agency shall only be shared with or released to those Agencies that have entered into this Agreement. Only authorized Agency employees who have an approved login and password ( "Authorized Users ") will be allowed to access or use information in the COPLINK System. c. Liability: Each Agency is solely responsible and liable for any damages, losses, claims, judgments, and expenses resulting from injury to any person or damage to any properties, which arise out of its own employee's performance and use of the COPLINK. d. Indemnification: Each Agency executing this Agreement is a public entity. In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities, solely by N reason of such entities being parties to an Agreement as defined by Section 895 of said Code, the Agency parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this agreement, to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above - stated purpose, each party indemnifies and holds harmless the other party solely by virtue of said Section 895.2. The provision of Section 2778 of the California Civil Code is made a part hereto as if fully set forth herein. Each Agency executing this agreement certifies that it has adequate self insured retention of funds to meet any obligation arising from this Agreement. e. Internal Audit: Each Agency shall name a System Administrator, who shall conduct an internal audit on a periodic basis to ensure information is reasonably up to date and user queries are made for legitimate law enforcement purposes. III. INFORMATION OWNERSHIP a. Ownership: Each Agency retains control of all information it provides through COPLINK. Each Agency is responsible for creating, updating, and deleting records in its own records management system or database, according to its own policies. Each Agency is solely responsible for the completeness and accuracy of its source data. b. Unauthorized Requests: Requests for information in COPLINK that is not authorized for viewing will be referred to the Agency that owns the requested information ( "Source Agency "). Information shall not be released or made available to any unauthorized person without the approval of the Source Agency, except as required by law. c. Public Record Requests. Subpoenas and Court Orders: Any Agency receiving a public records request, subpoena, or court order ( "Legal Request ") for information in COPLINK owned by another Agency shall immediately provide a copy of the Legal Request to the Source Agency System Administrator. The Source Agency is responsible for preparing a timely response to the Legal Request. Any challenge or objection to the Legal Request is the responsibility of the Source Agency, Should the Source Agency fail to timely respond to the Legal Request, the Agency receiving the Legal Request may respond to it, and the Source Agency will indemnify, defend, and hold harmless the responding Agency from any and all claims which may arise from the response. IV. UNDERSTANDING ON ACCURACY OF INFORMATION a. Accuracy of Information: Agencies agree that the data maintained in COPLINK consists of information assumed to be accurate. Agencies will participate in several testing sessions, to validate and ensure that its information is accurate. However, data 3 r • inaccuracies can arise for multiple reasons (e.g., entry errors, misinterpretation, outdated data, etc,). It is the responsibility of the Agency requesting or using the data to confirm the accuracy of the information with the owning Agency before taking any enforcement - related action. b. Timeliness of Information: Each Agency shall determine the frequency with which its data will be refreshed in COPLINK. In addition, each Agency has its own policy regarding the speed at which incidents are recorded in its internal records management systems. Since changes or additions to data do not get updated in COPLINK on a real -time basis, Agencies recognize that information may not always be timely and relevant. It is the responsibility of the requesting Agency to confirm the timeliness and relevance of the information with the Source Agency. Additionally, a data refresh schedule will be published by each System Administrator to enable a user to determine the potential timeliness of each Agency's data. c. Hold Harmless: To the extent permitted by law, Agencies agree to hold Source Agencies harmless for any information in COPLINK, or any action taken as a result of that data, regardless of whether the data is accurate or not, or any time delay associated with changes, additions, or deletions to the information contributed. V. USER ACCESS a. Login Application Process: Each Agency's System Administrator is responsible for management of user accounts at that Agency. Each Agency agrees that all Authorized Users shall be current employees and be authorized to review criminal history data for legitimate purposes. Each potential user shall submit a request for a login and password to the Agency System Administrator. The Agency System Administrator shall have discretion to deny or revoke individual access. b. Login Assignment: Each Authorized User will be issued a user login and a default password by the Agency System Administrator. Upon logging into COPLINK for the first time, each Authorized User will change the default password to another password. Authorized Users may be assigned to groups that have different levels of access rights based on the level of restriction of the information. c. Provision of Policy: The Agency System Administrator must provide a copy of the terms and conditions of this Policy to all Authorized Users when they are issued a login ID for the system. Each user must comply with all the terms and conditions of this Policy. d. Intended Use: Each Authorized User agrees that COPLINK, the information contained in it, and the networking resources it provides are to be used solely for purposes consistent with the mission of the LARILJP. Authorized Users acknowledge that the information COPLINK will be shared and used for authorized purposes only as permitted by law. Authorized Users shall not use or share the information for any unethical, illegal, or criminal purpose. 4 0 0 e. Limitations on Use of Loeins: An Authorized User may not access COPLINK by using a name or password that was assigned to another user. An authorized User cannot give his or her password to another person, including another user, to access the system. f Audit Trail: Each transaction on COPLINK is logged, and an audit trail is created, which is maintained for a minimum of three years. Requests for transaction logs shall be made in writing by the Agency System Administrator. g. Termination of Login s: Each Agency System Administrator is responsible for timely removal of any login accounts as Authorized Users leave the Agency, fail to meet the requirements of this Policy, or are denied access by the Agency System Administrator for any other reason. VI. CONFIDENTIALITY OF INFORMATION a. Information Confidentiality: Information in COPLINK is confidential and is not subject to public disclosure, except as required by law. Only Authorized Users are allowed to view and use the information in COPLINK. The information will otherwise be kept confidential. b. Internal Requests for Information: An Authorized User who receives a request from a non - authorized requestor for information in COPLINK shall not release that information, but may refer the requestor to the Source Agency c. Removal or Expungement of Records: LARILJP shall determine a schedule for record deletion, removal expungement, and other edits. Any Agency that seeks to edit a record sooner than the scheduled time, shall contact the Contractor directly and arrange for the change to be manually processed. VII. SYSTEM ACCESS a. Network Access: Access to COPLINK will be provided by a private network maintained by the Los Angeles County Sheriff's Department or any other secure network configuration that is mutually acceptable to the member agencies. b. System Availability: COPLINK shall operate 24 -hours a day, 7 -days a week, with downtime limited to those hours required for any necessary maintenance activities. Agencies agree to inform each other in advance, whenever possible, of scheduled downtimes. For policies related to the network, service levels, and security, please refer to the Service Level Agreement document. 5 VIII. POLICY TERMS a. Term: This agreement will commence on the date that it is adopted by the first LARILJP participating Agency, and shall last until the last Agency withdraws, pursuant to section h e. of this agreement. b. Changes to Policy: Additional law enforcement agencies may be added to LARILJP by signing an amended copy of the Agreement, accepting its terms and conditions, and obtaining an approval by a simple majority of the LARILJP Governance Committee. Based on ongoing monitoring of COPLINK, Agencies may propose other changes to this Policy. Such proposals require the approval of a simple majority of the participating Agencies. c. Supplemental Policies: An Agency may add individual guidelines for its own computers or networks providing they do not conflict with the provisions of this agreement. d. Sanctions for Non - Compliance: Any Agency that violates the guidelines of this may be disconnected from the COPLINK System. The Agency will be provided with a 60- day written notice of the violation, and the opportunity to correct the violation. Failure to meet the guidelines will result in the termination of System access for the offending Agency. All disputes concerning access shall be determined by a simple majority vote of the LARIJP Governance Committee, X. SIGN -OFF ON EXECUTION OF POLICY By executing this agreement, each Agency acknowledges that it has received a copy of this agreement, will comply with its terms and conditions, and understands that violation of this agreement may lead to disciplinary action and /or criminal action. This Memorandum of Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A complete original will be kept on file with the Los Angeles City Clerk. For all other purposes, facsimile signatures are acceptable as originals. ri By. William R. Kelly City Manager CONCUR: Z£ / Chief Robert P. 8anderson APPROVED AS TO FORM: Stephen P. Deitsch City Attorney CITY OF ARCADIA 7 Dated: Date +t' ,2007