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.
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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,
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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
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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
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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.
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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.
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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
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Dated:
Date
+t' ,2007