HomeMy WebLinkAboutReso 2009-1482RESOLUTION NO. 2009 - , c.J~2.
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 TWO 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, the Golden Beach Police Department has requested to 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 who shall purchase their own software licenses and maintenance agreement
through Sungard/OSSI, and the City's Information Technology Department will 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 up to twenty (20) computers for a two-year period, attached hereto as
Exhibit "A".
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 two (2) years, attached hereto as
Exhibit "A".
Section 2. Authorization of City Manager and Chief of Police. The City Manager and the Chief
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 September 2009.
R2009- Agmt with Town of Golden Beach for IT Support
Page I of2
ATTEST:
~'C~kk
APPROVED AS TO FORM
AND L SUFFICIENCY:
Vote: S-o
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
V(Yes)
V(Yes)
~Y es)
~Yes)
~(Yes)
R2009- Agmt with Town of Golden Beach for IT Support
Moved by: ('..I) M~ S<::...t\1)LL
Seconded by: _y.(~ ~... \\1~
_(No)
_(No)
_(No)
_(No)
_(No)
Page 2 of2
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
AGREEMENT TO UTILIZE SUNGARD I OSSI COMPUTER SYSTEM AND INFORMATION TECHNOLOGY
SERVICES
On this 25th day of August of 2009, The City of Sunny Isles Beach, hereafter referred to as "THE
CITY", through its Information Technology Department agrees to maintain the Police laptop
computers for The Town of Golden Beach, hereafter referred to as "THE TOWN" for a period of two
years commencing on this date. At the end of this period, the agreement will be subject to review.
IT IS UNDERSTOOD AND AGREED BY ALL PARTIES HERETO THAT:
1. The CITY hereby agrees to maintain for THE TOWN's Police laptop computers for fifty dollars
($50) per month per computer for the proper maintenance of said communications equipment,
with THE CITY as licenser and THE TOWN as licensee. The maximum annual amount payable
under this agreement is $12,000.00 (twelve thousand dollars) which represents a maximum
number of 20 (twenty) computers multiplied by $50.00 (fifty dollars) per computer per month.
L 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 approval.
LUse 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.
4. 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 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.
~
Lit 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.
LNo modifications to this agreement shall be enforceable unless in writing and signed by an
authorized agent of both THE CITY and THE TOWN.
7. 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.
L 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.
~.:_-'n 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.
1.2:..... 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.
11. In the event the parties wish to extend the term of this Agreement, the parties shall notify each
other of their mutual intent to renew no later than 30 (thirty) days prior to the end of the term of this
Agreement.
EXECUTED THIS ~ DAY OF ])fS ch-{ ~~ ' 2009.
ATTEST:
By:{!:r1~ ~dL
To Clerk
ATTEST:
B~lL
Jane A. Hines, CMC, City Clerk
TOWN OF GOLDEN BEACH
By:
By:
A~~
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
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.
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,
CITY OF SUNNY ISLES BEACH
By:
By: ~ Q~J 0L:.L
Fred A. Maas, Chief of Police ~ r-
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AGENCY ACCESS AGREEMENT
among
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles, FL 33160
and
Golden Beach Police Department
1 Golden Beach Drive
Golden Beach, FL 33160
and
SunGard Public Sector Inc.
1000 Business Center Drive
Lake Mary, FL 32746
City of Sunny Isles Beach, FL ("Licensee") and SunGard Public Sector Inc., formerly named "SunGard HTE Inc."
("SunGard Public Sector") entered into that Contract and Agreement dated June 5, 2006 ("Licensee
Agreement"). Golden Beach Police Department, FL ("Accessor") desires to obtain access to and a limited right
of use from Licensee for certain software licensed by Licensee under the Licensee Agreement (the "Accessed
Software"). In order that Accessor obtain such limited right of access and use, SunGard Public Sector, Licensee
and Accessor are entering into this Agreement (the "Access Agreement").
Accordingly, the parties, intending to be legally bound, agree as follows:
1. Limited Riqht of Access. SunGard Public Sector grants Licensee permission to allow Accessor to have
access to Licensee's instance of the Accessed Software, subject to the terms, conditions and restrictions provided
for in this Access Agreement The Accessed Software consists of the following:
All Applications
2. Riqht of Termination. SunGard Public Sector has right to terminate this Access Agreement, and
accordingly, Accessor's access to the Accessed Software, upon any breach of this Access Agreement. To
terminate this Access Agreement, SunGard Public Sector will provide notice of such breach to Licensee and
Accessor (as appropriate), and the breaching party will have thirty (30) days from the date of such notice to cure
such breach. If such breach is not cured to SunGard Public Sector's reasonable satisfaction by the expiration of
such thirty (30) day period, then this Agreement will be deemed terminated at the expiration of such thirty (30) day
period, and thereupon, Accessor's right to access the Accessed Software will be deemed terminated, without any
further action by any party.
3. Accessor Software Constitutes Confidential Information of SunGard Public Sector. Accessor
acknowledges and agrees that Accessed Software constitutes confidential, proprietary information of SunGard
Public Sector, and is and will remain the sole property of SunGard Public Sector. Accessor agrees that it shall not
at any time sell, assign, transfer or otherwise make available to, or allow use by, a third party any of components
of Accessed Software. Accessor shall hold in confidence the SunGard Public Sector proprietary information for
its benefit and internal use only by its employees on a strict "need to know" basis.
(Continued on following page)
Page 1 of 2
A-
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4. Obliqations of SunGard Public Sector. Riqht of Accessor Reqardinq Accessed Software. Accessor's right
to use the Accessed Software is derivative of Licensee's license to use the Accessor Software under the terms
and conditions of the Licensee Agreement. SunGard Public Sector is not deemed to have granted Accessor any
license to use the Accessor Software by virtue of this Access Agreement. Any such license can only be effected
by the execution by Accessor and SunGard Public Sector of a definitive written software license agreement
between SunGard Public Sector and Accessor that, by its express terms, purports to provide such a right of
license to Accessor. SunGard Public Sector will have no obligations whatsoever to Accessor in connection with
the Accessed Software. As BETWEEN SUNGARD PUBLIC SECTOR AND ACCESSOR, THE ACCESSED SOFTWARE IS MADE
AVAILABLE ON AN "AS IS" BASIS. SUNGARD PUBLIC SECTOR MAKES NO WARRANTIES WHATSOEVER TO ACCESSOR
REGARDING THE ACCESSED SOFTWARE, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND/OR FITNESS
FOR A PARTICULAR PURPOSE. SUNGARD PUBLIC SECTOR WILL HAVE NO LIABILITY TO OR THROUGH ACCESSOR UNDER
OR IN CONNECTION WITH THIS ACCESS AGREEMENT OR OTHERWISE IN CONNECTION WITH THE ACCESSED SOFTWARE, IN
WHOLE OR IN PART.
5. Governinq Law. This Agreement will be governed by and construed under the laws of the State of
Florida, without reference to the choice of laws provisions thereof. If any provision of this Agreement is illegal or
unenforceable, it will be deemed stricken from the Agreement and the remaining provisions of the Agreement will
remain in full force and effect.
6. Inteqration Provision. This Access Agreement contains the entire understanding of the parties with
respect to its subject matter, and supersedes and extinguishes all prior oral and written communications between
the parties about its subject matter. No modification of this Access Agreement will be effective unless it is in
writing, is signed by each party, and expressly provides that it amends this Agreement.
SUNGARD PUBLIC SECTOR INC.
e.,'clL
Authorized Signature
Cor\r\ e V" ~ (\I{~ Vlctj P r
Print N'ame & Titlel
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o'ate
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Authorized Signature
Thomas V. Huber
President. SunGard Public Sector Inc
Print Name & Title
111'1 )0\
ate
TMENT, FL
AL6;cA,.Jv~ JJrA'?t 7Z>tU~ /UA-7cfA-~
Print Name & Title
/ 2) t> 1 / tJ 0;
I . Date
Page 2 of 2
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Memorandum of Understanding
Between The Sunny Isles Beach Police Department (Law Enforcement Agency), and,
The Mt. Siani Medical Center (Baker Act receiving facility).
In order to implement the provisions of s. 394.462 Florida Statute enacted by the 2009 Florida
Legislature governing transportation of persons by law enforcement to receiving facilities for
involuntary examination, the following is required:
1. Each law enforcement agency shall develop a memorandum of understanding with each
Receiving Facility within the law enforcement agency's jurisdiction which reflects a single set of
protocols for the safe and secure transportation of the person and transfer of custody of the
person. These protocols must also address crisis-intervention measures.
2. Custody of a person who is transported pursuant to this part, along with related documentation,
shall be relinquished to a responsible individual at the appropriate receiving or treatment facility.
Therefore it is agreed that:
1. The Law Enforcement Officer shall deliver each individual under involuntary examination status to the
nearest receiving facility unless a Transportation Exception Plan has been approved for this county by
the Board of County Commissioners and the Secretary of the Florida Department of Children and
Families (DCF).
2. If a Transportation Exception Plan has been approved by the Board of County Commissioners and the
Secretary of DCF, the following special provisions are to be followed (if Not Applicable, skip):
Upon approval of Circuit 11 's proposed Baker Act Transportation Exception Plan, this document will
be amended.
3. When possible, either the officer or the Communications Center will give the facility a courtesy
telephone call to alert the staff that the officer is enroute. The facility agrees that such a courtesy
call will not be used to instruct an officer to take the individual to any other facility.
4. The officer will complete a mandatory written report (form CF-MH 3100) detailing the
circumstances under which the person was taken into custody (per s. 394.463(2)(a)(3) F.S.) and
will give a copy of the report along with the certificate for involuntary examination to the
responsible party at the Receiving Facility.
5. The officer may then leave the individual at the receiving facility with the appropriate staff
member.
6. The facility to which the individual is brought by law enforcement for involuntary examination will
accept the person and conduct the examination.
7. If the facility has no available beds, or has determined that the person is in need of services from
a different facility (including medical), arrangements for a safe and appropriate transfer of the
individual to a different receiving facility/medical facility will be made by the facility that first
received the individual. The facility will not ask an officer to transport such an individual.
8. The receiving facility will ensure that the individual receives the mandatory initial involuntary
examination before release unless the individual is transferred. If the person is not appropriate for
admission, the individual will be released with a referral to community services as appropriate.
1
9. When any law enforcement officer has custody of a person based on either noncriminal or minor
criminal behavior that meets the statutory guidelines for involuntary examination, the law
enforcement officer shall transport the person to the nearest receiving facility for examination.
10. When any law enforcement officer has arrested a person for a felony and it appears that the
person meets the statutory guidelines for involuntary examination or placement under this part,
such person shall first be processed in the same manner as any other criminal suspect. The
Miami-Dade Correctional staff shall thereafter immediately notify the nearest public receiving
facility, which shall be responsible for promptly arranging for the examination and treatment of the
person. A receiving facility is not required to admit a person charged with a crime for whom the
facility determines and documents that it is unable to provide adequate security, but shall provide
mental health examination and treatment to the person where he or she is held.
11. The law enforcement officer will inform facility personnel in each situation where an individual has violations
or criminal charges and the facility will not release such persons except back to the law enforcement
agency.
Other Issues:
Sunny Isles Beach Police Deparbnent
Name of Law Enforcement Agency
~,~
Signature of Authorized Person ~
Signa ure of Authorized Person for Facility
ck&nL.- Ne1tcf
Printed Name of Authorized Person
Fred A. Maas. Chief of Police
Printed Name of Authorized Person
11/20/09
Date MOU Signed by Authorized Person
\2.-0\.01
Date MOU Signed by Authorized Person
2
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Page 1 of2
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO:
The Honorable Mayor and City Commission
FROM:
Edel Fonseca, Information Technology Director
DATE:
9/17/2009
RE:
Authorization to enter 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.
RECOMMENDATION:
It is recommended that the City Commission approve a Resolution authorizing
the City Manager and Chief of Police to enter into an agreement with the Town of
Golden Beach and its Police Department for the sharing and maintenance of
police software and Information Technology Services.
REASONS:
In May 2006 the City 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.
The Golden Beach Police Department has requested to utilize a portion of this
system and the services of our Information Technology Department.
ADDITIONAL INFORMATION:
The Town of Golden Beach Police Department would purchase their own
software licenses and maintenance agreement through Sungard / OSSI. The City
of Sunny Isles Beach Information Technology Department would 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 up to twenty (20)
computers.
http://sibagenda.sibfl.net/agenda/Preview .aspx?ltemID=93 &MeetingID= Date
Agenda Item \ D -Z-
CU]-oq
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FUNDING SOURCE:
ATTACHMENTS:
. Resolution
. Sungard / OSSI Golden Beach Agreement
http://sibagenda.sibfl.net/agenda/Preview.aspx?I temID=93&MeetingID=0&MeetingDate=... 9/1 0/2009