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HomeMy WebLinkAboutReso 2013-2131 RESOLUTION NO. 2013 - 213 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ENTERING INTO AN AGREEMENT WITH THE TOWN OF GOLDEN BEACH AND ITS POLICE DEPARTMENT TO SHARE POLICE REPORTING AND RECORDS MANAGEMENT SOFTWARE AND INFORMATION TECHNOLOGY SERVICES FOR A PERIOD OF THREE(3)YEARS,ATTACHED HERETO AS EXHIBIT"A"; AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in May 2006 the City of Sunny Isles Beach purchased a state-of-the-art police computer system that provides our Police Department with a Computer Aided Dispatch (CAD), Records Management System (RMS), Mobile Computing Terminals (MCT) and a Mobile Field Reporting (MFR) System; and WHEREAS, on September 19, 2009 via Resolution No. 2009-1492, the City Commission approved an agreement with the Town of Golden Beach Police Department, who purchased their own software licenses and maintenance agreement through Sungard/OSSI, and the City's Information Technology Department to provide technical support and the access necessary to operate this software, for a fee of Fifty Dollars ($50.00) per laptop computer, per month for a two-year period; and WHEREAS,the Golden Beach Police Department has requested to again utilize a portion of this police computer system and the services of the Information Technology Department; and WHEREAS, the City desires to enter into an Agreement with the Town of Golden Beach Police Department, and the City's Information Technology Department will provide technical support and the access necessary to operate this software for a period of three (3) years with an option to renew for two (2) additional one (1) year periods. for a total of five (5) years under the terms of this Agreement, for a fee of Seventy-Three Dollars and Eighty-Nine Cents ($73.89) per device per month for the first year, increasing thereafter, and a one-time cost recovery of$5,677.20 for costs incurred for licensing and hardware upgrades recently completed,attached heretp as Exhibit NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves the agreement with the Town of Golden Beach Police Department to share Police reporting and records management software, and Information Technology Services for a period of three (3) years, attached hereto as Exhibit "A". Section 2. Authorization of City Manager and Chief of Police. The City Manager and the Chief R2013-Golden Beach Agmt IT Support Page I of 2 of Police are hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 17th day of October 2013. 7';4 N rman S. Edelcup, Mayor ATTEST: Li:LILL) Jane A. Hines, MMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: a 0 tinot, City Attorney Moved by: / 1& 6\11. o>r 4010 Seconded by: 00► nr..:l. S-_40 Vote: S_O Mayor Edelcup /(Yes) (No) Vice Mayor Aelion /(Yes) (No) Commissioner Gatto ✓(Yes) (No) Commissioner Levin V.(Yes) (No) Commissioner Scholl ✓(Yes) (No) R2013-Golden Beach Agmt IT Support Page 2 of 2 k SJNNY ltF1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 AGREEMENT TO UTILIZE SUNGARD/OSSI COMPUTER SYSTEM AND INFORMATION TECHNOLOGY SERVICES On this 1st day of October of 2013, The City of Sunny Isles Beach, hereafter referred to as "THE CITY", through its Information Technology Department agrees to maintain the Police computers for The Town of Golden Beach, hereafter referred to as "THE TOWN" for a period of three years commencing on this date. At the end of this period, the agreement is subject to renewal for two (2) additional one (1) year periods, for a total of five (5) years under the terms of this Agreement. IT IS UNDERSTOOD AND AGREED BY ALL PARTIES HERETO THAT: 1. THE CITY hereby agrees to maintain THE TOWN's Police computers for the monthly amount per computer as described in Exhibit "B", for the proper maintenance of said computing equipment, with THE CITY as licensor and THE TOWN as licensee. All services provided by THE CITY are detailed in the attached Scope of Services (Exhibit "A"). Any services requested by THE TOWN that are not included in the attached Scope of Services will require a separate proposal to be prepared by THE CITY and agreed to by THE TOWN prior to such additional services being rendered. 2. All amounts due under the terms of this Agreement shall be due at the beginning of the contract year. 3. This license confers no interest whatsoever in property and is recoverable anytime by THE CITY upon ninety (90) days notice. No use for a particular purpose other than the maintenance of the laptop computer equipment necessary to operate a police mobile laptop computer system is granted and no alterations or modifications are to be made to the laptops of the OSSI software equipment without THE CITY's approval. 4. Use of all property is at the sole risk of THE TOWN to the extent permitted under Section 768.28 of the Florida Statutes, and subject to the monetary limits set forth in that section. THE TOWN agrees to be responsible to, indemnify and hold harmless THE CITY for any loss, damage, legal action or claim occasioned by THE TOWN's use of all laptop computer property and related equipment at THE CITY WHETHER OR NOT LOSS OR DAMAGE IS TO PROPERTY OWNED/LEASED BY THE CITY OR ANY OTHER PERSON, AND INCLUDING PROPERTY OF OTHERS IN THE CARE, CUSTODY OR CONTROL OF THE CITY. 5. In the event that the equipment or other property of THE CITY shall be in any manner damaged by/through the use of the communications equipment, or by the ry representatives of THE TOWN, THE TOWN shall indemnify THE CITY and pay THE CITY all sums which may be incurred to repair, reconstruct, and/or replace the damaged equipment or property, subject to the limitations set forth in Section 768.28 of the Florida Statutes. 6. It is understood and agreed that this Agreement does not constitute a bailment. THE TOWN retains and has custody and access to their laptop computers but agrees to relinquish all administrative rights to said computers solely to THE CITY. THE CITY shall maintain all communication links, maintenance and administrative control of all computers connected directly or indirectly to THE CITY. 7. No modifications to this Agreement shall be enforceable unless in writing and signed by an authorized agent of both THE CITY and THE TOWN. 8. THE CITY building at 18070 Collins Avenue, Sunny Isles Beach, Florida, is generally regarded as a reasonably safe location for this laptop communications equipment to be worked on or otherwise maintained. Undertaking to move or evacuate laptop computer communications equipment shall not be deemed an assumption of responsibility for the safety, security and care of any communications equipment by THE CITY, nor shall THE CITY be deemed a bailer of the laptop computer communications equipment. In consideration thereof, THE TOWN agrees to the following terms and conditions: A. To pay THE CITY upon demand all costs incurred by THE CITY in repairing, replacing, and/or reconstructing THE CITY'S facilities damaged in any matter as a result of the continued presence of said TOWN laptop computer communications equipment during an emergency; and B. To indemnify and hold harmless THE CITY, its partners, employees and agents, from any and every loss, claim, liability and suit of any kind, including without limitation costs of suit and reasonable attorney's fees, arising out of any and all damage done to property of others as a result of the continued presence of said communications equipment during an emergency. 9. THE TOWN shall pay all costs, including reasonable attorney's fees incurred by THE CITY, in judicial and non-judicial proceeding and appeals therefrom to enforce any and all provisions of this Agreement and effect collections of any sums due THE CITY. In the event THE CITY sues or is sued in tort of contract, or otherwise, in any action arising out of or in relation to this Agreement and THE CITY is the prevailing party by means of judgment, dismissal, or otherwise, whether or not such action presented a justifiable issue of law or fact, or whether or not THE CITY was a plaintiff or defendant in said action, THE CITY shall recover its costs and expenses directly incurred because of any said action, including its reasonable attorney's fees, whether taxable or not, from the losing party. 10. In the event any portion of this Agreement shall be deemed to be in violation of any law of the United States or any law of the State of Florida, said portion and said portion only, shall be deemed null and void. This Agreement shall be interpreted in accordance with the laws of the United States and the State of Florida. 11. The statute of limitations for enforcement of either party's rights under this Agreement shall be applicable statutes of limitations of the State of Florida and any laches defense raised by either party shall be construed to always be within the period of said applicable statutes of limitations. 12. In the event the parties wish to extend the term of this Agreement beyond the initial three (3) years, the parties shall notify each other of their mutual intent to renew in writing no later than 30 (thirty) days prior to the expiration of the current term. 13. THE CITY maintains the ability to cancel this Agreement at any time for any reason with 30 days notice. EXECUTED THIS t_Ilt DAY OF v C 2013. ATTEST: TOWN OF GOLDEN BEACH pd B, ' /L By: A Q.Q'�,�� o n Clerk Alexander LNaz, City anager C— By: A on De Lucca, 'f/f of Police APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: _ �► ' \_ i . ATTEST: CITY OF SUNNY ISLES BEACH By� Jane A. Hines, CMC, City Clerk Christo er J. usso, City Manager Fred A. Maas, Chief of Police APPROVED • S TO ORM AND L AL . F CIENCY Tans •'knot,ri‘ Attorney 4 V AGREEMENT TO UTILIZE SUNGARD / OSSI COMPUTER SYSTEM AND INFORMATION TECHNOLOGY SERVICES EXHIBIT A— SCOPE OF SERVICES Services to be provided by THE CITY shall be as follows: • THE CITY shall prepare (or "image") THE TOWN's computer systems by installing current operating system software and applications necessary to support the OSSI public safety applications. However, THE CITY shall not be responsible for purchasing or obtaining valid license keys for any software required, unless specifically stated otherwise in this scope of services. • THE CITY shall install and maintain wireless communications equipment (known as "aircards"), in proper working order on any "portable" computer systems maintained under this Agreement. Wireless services and associated communications equipment shall be procured and managed by THE TOWN directly. • THE CITY shall provide support services to THE TOWN's users of equipment maintained under this Agreement, solely with respect to the OSSI public safety applications and issues directly related thereto. THE CITY shall not be responsible for general operating system support, user training, hardware repairs, interacting with vendors on behalf of THE TOWN (with the exception of the vendors listed below for supporting software provided by THE CITY as part of this Agreement), or other issues • THE CITY shall administer user accounts, biometric credentials for authentication, and related items within the OSSI public safety environment for THE TOWN's authorized users. • THE CITY shall provide, as part of the monthly maintenance under this Agreement, the following software licenses: Digital Persona client (multifactor authentication system), Antivirus client (currently Panda antivirus, but subject to change at THE CITY's discretion), and any necessary Microsoft Windows CAL's required for the servers accessed by THE TOWN's client computers. These licenses are not transferable to THE TOWN at any time, and should this Agreement be terminated, these software applications would need to be removed from THE TOWN's computer equipment. THE TOWN shall be responsible for operating system licensing (Windows licenses), Microsoft Visio licensing for the OSSI Accident Wizard, Microsoft Office licensing, and/or any other software required beyond that provided by THE CITY under this Agreement. • THE CITY shall provide support for THE TOWN's users during normal business hours, 8:30 am — 5:00 pm, for any issues relating only to an individual mobile computer. Emergency support shall be provided as needed for any issue affecting the core OSSI functionality (for example, CAD server, message switch, RMS server) which impacts all users, 24 hours a day/7 days per week. uSsNY iSC 410 �S --- Fs City of Sunny Isles Beach ," i, 18070 Collins Avenue . '� Sunn Isles Beach, Florida 33160 ,- / Sunny a, T~ .k 'S'6' LyI�P'' (305)947-0606 City Hall cfrY of 5,,« ''''a (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Derrick L. Arias, Chief Information Officer DATE: 10/17/2013 RE: Authorization to enter into an agreement with the Town of Golden Beach to share police reporting and records management software P p 9 9 • and Information Technology Services. 1 RECOMMENDATION: It is recommended that the City Commission approve a Resolution authorizing the City Manager to enter into an agreement with the Town of Golden Beach for the sharing and maintenance of police software and Information Technology Services. REASONS: This is the renewal of an agreement that was approved in September 2009 via Resolution 2009-1482. The Information Technology Department has documented a full cost analysis and provided a breakdown, attached to the agreement, of the actual costs of all components that comprise the services being provided under the terms of the proposed agreement. As such, the proposed cost to the Town of Golden Beach has increased from $50 per device per month, to $73.89 per device per month for the first year, increasing thereafter. There is also a one-time cost recovery of$5,677.20 to cover one-time costs incurred for licensing and hardware upgrades recently completed. Under the terms of this revised agreement, the Sunny Isles Beach Information Technology Department would continue to provide support for the Town of Golden Beach Police Department systems. 110 ADDITIONAL INFORMATION: Agenda item No 10J Date 10/17/2013 216 • The Town of Golden Beach Police Department has an agreement directly with Sungard for licensing and support for their Police software. They also provide their own hardware, wireless aircards and related services, and all other software licenses except those specifically included in the attached agreement. ATTACHMENTS: • Resolution • • Agenda Item No.I OJ Date 10/1 7/20 13 2 I 7