Loading...
HomeMy WebLinkAbout2009-120 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2009-120 RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO PARTICIPATE IN THE SAN BERNARDINO COUNTY DATA SHARING INITIA TIVE AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE SAN BERNARDINO COUNTY DATA SHARING INITIATIVE MEMORANDUM OF UNDERST ANDING (MOU). BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor and Common Council of the City of San Bernardino authorize thc Police Department to participate in the San Bernardino County Data Sharing Initiative and authorize the Chief of Policc to execute a Memorandum of Understanding between the City of San Bernardino and the San Bernardino County Chiefs and Sheriff Association, a copy of which is attached hereto, marked as Exhibit A, and incorporated herein by this reference. SECTION 2. The authorization to execute the above referenced Memorandum of Understanding is rescinded if not issued within one hundred-twenty (120) days of the passage of this Resolution. III III III III III III III III III 6 7 8 9 10 11 12 13 14 15 16 171 181 191 I II 201 21 22 23 24 25 26 27 28 2009-1tO 1 2 3 RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO PARTICIPATE IN THE SAN BERNARDINO COUNTY DATA SHARING INITIATIVE AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE SAN BERNARDINO COUNTY DATA SHARING INITIATIVE MEMORANDUM OF UNDERSTANDING (MOU). 41 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereot~ held 5 on the 18th day of May Council Members: AYES ESTRADA x BAXTER x x BRINKER SHORETT x KELLEY x JOHNSON x MCCAMMACK X ,2009, by the following vote, to wit: NAYS ABSTAIN ABSENT Q~I.J.~ ~el G. Clark, City Clerk III The foregoing Resolution is hereby approved this ~~ day of Mav ,2009. e~ tn J. Morns, Mayor City of San Bernardino Approved as to Form: City of San Bernardino San Bernardino Police Department Interoffice Memorandum To: Margaret Fedor, Executive Assistant to4Pthe yty Clerk Susanna Sandoval, Executive Assistan .' 00 '- ~. S.B. County Data Sharing Initiative MOU, Resolution No. 2009-120 ~ ~ <e, ';I:. I ~ From: --0 :s 't? c.) c:JiJ Subject: Date: June 3, 2009 Copies: Per our telephone conversation earlier today, enclosed is a copy of the fully executed MOD. The original will be forwarded to the document facilitator, Redlands Police Department. As I explained to you when we spoke, the original MOU with original signatures was located only after we had already received the copy you sent us on May 21, 2009, for the rcmaining signatures to be obtained, including Chief Billdt's. When Lieutenant Keil went to obtain the signatures of the remaining agencies, they chose to sign the MOU with the original signaturcs, rather than the copy you forwarded to us for signing. The main difference between the two MOU's is the form approval stamp and signature of the City Attorney, aside of thc original signatures. The original copy you forwarded to us is also enclosed. If you have any questions, feel free to call me at extension 5600. THE SBPD IS COMMITTED TO PROVIDING. PROGRESSIVE QUALITY POLICE SERVICE; A SAFE ENVIRONMENT TO IMPROVE THE QUALITY OF LIFE; A REDUCTION IN CRIME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING % (9: ~ L ~ \ c> -:;. ~ ~ 01 ~. 2009-120 SAN BERNARDINO COUNTY DATA SHARING INITIATIVE MEMORANDUM OF UNDERSTANDING EXHIBIT "A" This memorandum of understanding is entered into between the following participating agencies: Barstow Police Department Chino Police Department Colton Police Department Fontana Police Department Montclair Police Department Ontario Police Department RedIands Police Department RiaIto Police Department San Bernardino Police Department San Bernardino County Probation Department San Bernardino County District Attorney's Office San Bernardino County Sheriff Department Upland Police Department The parties agree to work in a variety of ways to facilitate sharing each other's data in an effort to improve the effectiveness of their respective agency and collectively, the entire San Bernardino County Criminal Justice System. PURPOSE The purpose of the MOU is (I) to outline the mission and expectations for the San Bernardino County Data Sharing Initiative (hereinafter referred to as the "Initiative"), (2) to formalize relationships between the participating agencies, and (3) to outline the commitments necessary for the successful completion of this Initiative. INTRODUCTION After the tragic events of September II, 200 I, law enforcement agencies at all levels of government recognized the need for faster, more pervasive information sharing. In order to provide information sharing among our county law enforcement agencies as well as neighboring Counties, County law enforcement agencies must implement a software application to integrate numerous disparate databases. This software will facilitate the collection, consolidation, visualization, and dissemination oflaw enforcement information across jurisdictional boundaries. San Bernardino County law enforcement agencies met over the past year under the auspices of the San Bernardino County Chiefs and Sheriff Association (hereinafter referred to as Page I 01'8 2009-120 the "Association") to discuss the concept of data sharing between all agencies. In researching available solutions and similar operations across California and the nation, the COPLINK system from Knowledge Computing Corp (KCC) was chosen as the system that would best meet our current and future needs. MISSION The mission of the San Bernardino County Data Sharing Initiative is to implement COPLINK as a sustainable data sharing solution that will allow for effective data sharing between all law and justice agencies within San Bernardino County as well as other COP LINK nodes throughout the Country. The implementation of the COPLINK System serves as a solution to the problems of inaccessible or irretrievable information as a result of disparate information systems that lack a common platform and the difficulty in sharing data across jurisdictional boundaries. COMPOSITION The Data Sharing Initiative will include both Participating Members and Associate Members. Participating Members will be those agencies agreeing to share their RMS data with all other member agencies. Associate Members are agencies that are unable to share their data, but have a need to have access to the central COPLINK database. It is understood that other agencies may subsequently join the Initiative with a two-thirds vote of the San Bernardino County Chief and Sheriff Association. The names of these agencies will be added to the list on page one of this MOU. Agencies that the Association wishes to allow access to the COPLINK data without sharing data may be added to the MOU as Associate Members. The Association may asses a charge for the COPLINK access. IMPLEMENTATION TEAM The Association will appoint an Initiative Executive Director that is empowered to make decisions on the part of the Association when it is impractical to obtain a decision of the entire Association or as otherwise empowered by the Association. The Initiative will be coordinated by a contract Project Manager who will be chosen by the San Bernardino County Chiefs and Sheriff Association and contracted through the City of Red lands. The Team will initially consist of sworn and/or civilian law enforcement officers/agents from each of the participating agencies. Each agency agrees to provide at least one staff officer and one technology specialist to the implementation team. The Project Manager is authorized to form working group( s) as necessary in furtherance of the goals of integrating the automation systems of the member agencies. The working group(s) may include personnel from any participating agency and KCC. Individuals assigned to working groups must agree to participate as required to achieve the goals of the Initiative. Page 2 01'8 2009-120 POLICY AND DIRECTION The policies and management of the Initiative will be consistent with this document and shall be at the direction of the San Bernardino County Chiefs and Sherriff Association. COMMITMENTS o As Participating Members of the San Bernardino County Data Sharing Initiative, each agency agrees to the following: · Support and Access The San Bernardino County Sheriff Department will serve as the Hosting Agency for the COP LINK system. Each participating agency recognizes that in order to achieve overall success, resources (personnel, software, hardware, etc.), must be shared willingly and in some cases unequally, as long as that cooperation does not adversely impact the mission of the sharing agency. Each Agency may be required to intercede with third-party vendors of data sources owned, licensed to, and/or operated by their agency in order to facilitate the data mapping and migration of such data to the COP LINK Solution Suite. Each agency agrees to provide a local agency System Administrator that will be responsible for the management of user accounts at that agency and will serve as a liaison with the hosting agency. Each agency will permit dial-up or VPN access to the COP LINK indexing server or COPLINK web-server located in or at their facility for purposc;s of installation, testing and system maintenance. The hosting agency will provide remote connectivity via VPN or other secure dialup access to the COPLINK server to be used by KCC personnel at their office in Tucson, AZ for the purposes of installation, testing and system maintenance. . Data Each participating agency agrees to share all data within their Records Management Systems (RMS) that can be legally shared by law. Each agency will facilitate the acquisition by KCC personnel of department and third party vendor resources necessary for the successful operation of the COPLINK Solution Suite including, but not limited to: (a) Full Production Database Backup Data (b) Full Production Database Backup Data one week later (c) Sample records from each of the systems to be integrated Page 301'8 2009-]20 Each agency agrees to assign a command level officer and other personnel as required to complete the data verification and acceptance process with KCC and the Project Manager. . Computers and Equipment and Software Each agency agrees to provide any networking equipment that may be necessary to connect their internal network to the COPLINK I-Box and/or the San Bernardino County Wide Area Network (WAN). · Ongoing Support and Administration Participating Agencies agree to approve the following as required by the KCC contract: (a) COPLINK Node Business Rules (b) COP LINK Node Consolidation Rules (c) COP LINK Node Policies and Procedures Participating agencies agree to amend this agreement as necessary to accomplish the goal of more fully integrating the automation and processes, which serve the San Bernardino County Criminal Justice System. Participating agencies agree to establish a means for long-term governance of the project to ensure sustainability and to obtain funding for the operation and enhancement of information sharing within the San Bernardino County Criminal Justice System and with other Criminal Justice Systems. Participants agree to establish a yearly budget for the continuance of the COPLINK project and that if outside funding cannot be obtained for the continued maintenance of the COPLINK Suite and necessary hardware upgrades, that the member agencies will each contribute funds to the project in an amount established by the Association. . Training Members will designate authorized trainer to be trained by KCC at training sessions provided by KCC. It is the responsibility of each member agency to ensure that its authorized users receive the requisite training. PERSONNEL AND ADMINISTRATIVE MATTERS · Compensation Each agency agrees to assume all personnel costs, including salaries, fringe benefits and overtime, for its officers/agents assigned to work on the Initiative. · Administrative Support Any secretarial assistance that may be required by a participating agency will be the Page 401'8 2009-120 responsibility of that agency. Any secretarial assistance that may be required by the Project Manager will be his responsibility. · Process for tracking and resolving issues Issues affecting the implementation of the Initiative will be addressed by the Project Manager and members of the Implementation Team as may be needed. Issues unable to be resolved by the Project Manager will be addressed with the San Bernardino County Chiefs and Sheriff Association. · Records and Reports Records associated with the COP LINK Implementation will be maintained by the Project Manager. Records regarding the HSGP grant will be maintained by the San Bernardino County Sheriff Department. · Media Relations Information regarding routine apprehensions or use of the system may be furnished to the press by the involved agency in accordance with their press policy. In events of significant public interest the Association may elect to make a joint press release. . Liability Each agency shall assume the responsibility and liability for the acts and omissions of its own officers, agents, or employees in connection with the performance of their official duties under this MOU. For tort liability purposes, no participating agency shall be considered the agent of the other participating agencies. Each participating agency shall be liable (if at all) only for the torts of its own officers, agents, or employees that occur within the scope of their official duties. The provisions contained herein include any violation of applicable law, ordinance, regulation, or rule, including where the claim, loss, damage, charge or expense was caused by deliberate, willful, or criminal acts of any agency, or any of its agents, officers, or employees in its, or their performance hereunder. It is the intent of the parties hereto that, where negligence is determined to have been contributory, principles of comparative negligence will be followed and each party shall bear the proportionate cost of any loss, damage, expense and liability attributable to that parties negligence. The agencies shall establish procedures to notify the other agencies where appropriate of any claims, administrative actions or legal actions with respect to any of the matters described in this indemnification provision. The agencies shall cooperate in the defense of such actions brought by others with respect to the matters covered in this MOU. Nothing set forth in this MOU shall establish a standard of care for, or create any legal rights in, any person not a party to this MOU. Page 5 of8 2009-120 · Withdrawal from the Initiative Members may withdraw their participation with the Initiative upon written notification to the Association President. . Modification No waiver, alteration, modification, or tennination of this MOU shall be valid unless made in writing and signed by the authorized parties hereof. A two-thirds majority of Association members is required to modify this Agreement . Counterparts This MOU may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. . Captions The headings or captions to the Articles of this MOU are not a part of the MOU and shall have no effect upon the construction or interpretation of any part thereof. . Severability If any tenn, covenant, or condition of this MOU is held by a court of competent jurisdiction to be invalid, the remainder of this MOU shall remain in full force and effect. . Ambiguities The parties have each carefully reviewed this MOU and have agreed to each tenn of this MOU. No ambiguity shall be presumed to be construed against any other party. . Governing Law The interpretation and enforcement of the MOU shall be governed by the laws of the State of California, and where applicable, by federal law. The parties agree to submit any disputes arising under the MOU to a court of competent jurisdiction located in San Bernardino County, California. . Terms of Agreement It is agreed that this MOU will be in force from the date of the last agency signing this document. The portion of the MOU relating to a specific agency may be terminated at any time by a participating agency delivering a written notice of tennination to the other participating agencies. An agencies termination of their involvement in the Initiative will not negate the continuing agencies participation and agreement under the existing MOO. . Integration This MOU embodies the entire agreement of the parties in relation to the scope of services herein described, and no other agreement or understanding, verbal or otherwise, exists between the parties with the exception of contracts assigned pursuant to the issuance of grant funds. Page 6 01'8 Full Member Signatures i~A("".. ~-_./ :~ignature --- /_~~- ---_--u---- ~ "-- -"" - -- ---<<V" t -- Date , 1 I ..~. j L-( -D:: O?_____J tJM7 -Date" , d~~ Si~~~_ __ igo~ ' J Page 7 of8 ..<.f-f-(!J'1 Date S-U,-bL_ Date __Co -211____ _ Date 1-']-0"1 Date -.LtJ;uJ~1~ n_~ f2t)O} ~___ ' Date I ._M-'~ 4--~.~~__. ___~_~q-1~~7n_--] U~ Date r.\~ <;;;~.= l.{ -<:j' - O'j ._-~----_.--._~----_. .---- .--------- Datc A,/"J. / / "b- _ Signature _=--=-===- =----- <;-26 ?____ Datc __~_._n..__ I Datc Associate Member Signatures ~_n nsaiJ_-- -, ._-----~-- -Z Bernardino ~ ./: County District _ G{ '__ Attorney's Signaturc Office ct-cf~c.!:t Date - ---------- . -_._-----~----------~-----------_. .._-_._._-_._-_._--~._._._--- Signature Date Signature Date Page 8 of 8 2009-120 .ULL~ Signature ~a...-.- Associate Member Signatures San Bernardino -7 J J' / h. ~lj.OtyPistrict ~ G{. Attorney's Signature office - S i ature Signature ,-u{,hiV ED AS TO FORM: James F. Penmnn, City Attomcy Page 8 of 8 ~ ~ ' " -:J. ~~~ _ u \;.,;t':\ ;',:. By: T v--....it\;t(..f~ U ,"~~~ ,. .___ _._~,.J;J~~ 5 (};t!D1 ~!ZJ~l - Date q-1~()7 Date L( -'i' - O'j Date Date Date er-ef-?/Ct Date Date Date I I ~ I I I I