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CR 2012-103 Joint Agreement with Law Enforcement Technology Group - LETGin August 21, 2012 Council Report 2012-103 Lake Minnetonka Area Consortium Records Management System Server Sharing and Governance Agreement Proposed Action Staff recommends adoption of the following motion: Move to authorize Mayor and Citi Manager to sign an agreement bringing the City of Hopkins onto the Lake Minnetonka Area Consortium Records Management System Server. Overview The Hopkins Police Department wishes to switch to a new records management system called the Law Enforcement Technology Group — LETG. In an effort to reduce costs of supporting our own server and to also have the ability to share information with other law enforcement agencies, staff wishes to join an already established server sharing consortium named: Lake Minnetonka Area Consortium — LMAC. Several other agencies are also currently considering moving to LMAC; therefore a new agreement similar to the attached agreement will be drafted to include the new law enforcement agencies along with Hopkins. The proposed system's annual cost will be less than the City's current system. Taking this action will also significantly decrease scheduled $200,000 expenditure from the Equipment Replacement Plan. Supporting Information • Existing consortium agreement G%[r l� ! ► i elc o"r P Signature Title Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: Lake Minnetonka Area Consortium Records Management System Server Sharing and Governance Agreement This Agreement is made this 8th day of May 2007, by and between West Hennepin Public Safety, a Minnesota joint powers entity ("West Hennepin"), the City of Wayzata, a Minnesota municipal corporation ("Wayzata"), the City of Medina, a Minnesota municipal corporation ("Medina") and the City of Minnetrista, a Minnesota municipal corporation ("Minnetrista"). Recitals WHEREAS, West Hennepin, Wayzata, Medina and Minnetrista are each purchasing records management system software, equipment and related services from Law Enforcement Technology Group, LLC ("LETG") for their law enforcement personnel; WHEREAS, these purchases will require the purchase or lease of a server and related equipment and services to be used to run the records management system software; WHEREAS, it is possible for the parties to share a single server and its associated expenses, which will allow for significant cost savings for each of the parties; WHEREAS, the parties have agreed to share the server and its associated expenses; and NOW THEREFORE, the parties agree as follows: Terms 1) Purchase or Lease of Server Equipment and Software and Related Services. Each party shall purchase its own eMERTS Records Management System software, equipment and related services, including yearly maintenance services from LETG ("RMS System"). The parties shall purchase or lease one server and its related equipment and services ("Server") to be shared amongst the parties that shall be used to run the parties' RMS Systems. The parties shall equally share the costs of purchasing or leasing the Server. A general list of the equipment, software and related services to be purchased or leased by the parties and its costs is attached to this Agreement as "Exhibit A." The parties shall also equally share all yearly and monthly costs for the Server (which includes maintenance services and license fees, host and support services). A general listing of the yearly and monthly costs for the Server is attached to this Agreement as "Exhibit B." 2) Replacement of the Server Equipment. The parties agree to purchase or lease a server that meets the requirements to perform proper RMS Server functions as so determined by the LMAC Governing Board. The parties also agree to replace the server, if 3106670 SJS MN415-115 owned or renew the server's lease, if leased on a regular basis. In all instances, the parties shall independently budget for and cooperatively purchase or lease the replacement Server and its related equipment, maintenance and support services, and equally share in the costs. 3) Housing and Support of the Server. The parties shall initially retain Morris Electronics, Inc. to house and support the Server. The Server will be located at the Morris Electronics IT Server Center, which is located at 511 Atlantic Avenue, Morris, Minnesota, for a 36 month lease. Future housing and support of the Server shall be determined by the LMAC Governing Board. 4) Annual Cost. The parties shall each be equally responsible for costs for housing and supporting the Server. (See the parties' Server Hosting and Support Agreement with Morris Electronics, Inc.) 5) NEW PARTIES. If another govemmental entity that is not a party to this Agreement wishes to utilize the Server for its RMS System, it may request that it be added as a party to this Agreement. This request shall be subject to the approval of a majority of the current parties to this Agreement. The parties shall then execute an amendment to this Agreement that adds the new governmental entity as a party to the Agreement. The new party shall be required to be bound by all of the obligations set forth in this Agreement and shall pay to the parties a one time membership established by the LMAC Governing Board. Any membership fees collected shall be divided equally among the parties. 6) LMAC GOVERNING BOARD. A governing board shall be established by the parties to review and approve the information technology service provider for the Server, the purchase or lease of the Server, the purchase of services, supplies, equipment and upgrades for the Server, new parties to this Agreement, the location of the Server and replacement of the Server ("LMAC Governing Board"). Other potential LMAC Governing Board topics may include but not limited to establishing written guidelines on the use of the RMS Systems, training and troubleshooting Server and mobile system problems. The members of the LMAC Governing Board shall consist of the chief law enforcement officer for each of the parties. The LMAC Governing Board shall meet on a regular basis. All issues concerning this Agreement shall be reviewed and resolved by the LMAC Governing Board, whenever possible. The LMAC Goveming Board may also review the terms and conditions of this Agreement and make recommendations to the parties' governing bodies concerning amendments to this Agreement. The LMAC Governing Board shall select a Chairperson and rotate that position annually among its members. Minutes shall be taken at all meetings of the LMAC Governing Board. The Chairperson shall be the contact person for all of the parties. The LMAC Governing Board shall establish annual cost projections and ail parties shall budget appropriately to cover their financial responsibilities as signatories to this Agreement. 7) TERM. This Agreement shall be effective upon execution by all of the parties. This Agreement shall terminate on December 31, 2017. This Agreement shall then automatically renew for subsequent ten year terms. Any party may withdraw from this Agreement provided that written notice of termination is given to all parties on or before July 1, 2016, or thereafter 3106670 S]S MN415-1 I S 2 in July of the ninth year of the term of this Agreement. If a notice of termination is received from one of the parties, the remaining parties may stili agree to renew this Agreement for another 10 year term. This Agreement may continue to be renewed so long as two or more parties continue to participate. Parties that withdraw from this Agreement shall not be entitled to any property or assets related to the Server and shall be responsible for payment of any expenses related to their withdrawal. 8) INDEMNIFICATION. The parties shall hold harmless, defend and indemnify each other, their officials, employees and agents, from and against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorneys' fees) for claims as a result of any damages arising from the Server. 9) DATA PRACTICES. All data collected, created, received, maintained or disseminated for any purpose by the activities of the parties with respect to this Agreement shall be governed by Minnesota Statutes Chapter 13, as amended. All records kept by the parties shall be subject to examination by the representatives of each party. 10) NOTICE. The parties' agents for purposes of administration of this Agreement are: Wayzata: 600 Rice Street East Wayzata, MN 55391 Attn: City Manager West Hennepin: 1.918 County Road 90 Maple Plain, MN 55359 Attn: Director of Public Safety Medina: 2052 County Road 24 Medina, MN 55340 Attn: City Administrator Minnetrista: 7701 County Road 110W Minnetrista, MN 55364 Attn: City Administrator 11) APPLICABLE LAW. The execution, interpretation, and performance of this Agreement shall be controlled and governed by the laws of Minnesota. 12) ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by all parties. 13) WAIVER. One or more waivers by any party of any provision, term, condition or covenant of this Agreement shall not be construed by the other party as a waiver of a subsequent breach of the same.by the other parties. 3106670 SIS MN415-11 S 14) SEVERABILITY. Should any part or portion of this Agreement be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non -enforceability would cause the Agreement to fail its purpose. IN WITNESS WHEREOF, the parties have executed this Agreement by their respective duly authorized officers on the date and year written above. West n epin Publi et City of Medina By: - By: �''l.��Ij Ra9 McCoy T.M. Crosby, Jr. Its: Director of P lic Safety By:� Its: Mayor By: A/1 John Sweeny Chad M. Adams Its: WHIPS Police C mission hair Its: City Administrator City of Wayzata By: City of innetrista By: ndrew Humph r Cheryl ischer Its: By: May Its: Mayor By: A an Orsen Kevin Walsh Its: City Manager Its: Acting City Administrator 310567A SJS MN415-115 4 EXHIBIT A General Guide for Server Equipment Services and Software to be Purchased by the Parties Application Server eMERTS Mobile Server Software eMERTS EMI Server (CAD Communication Software) eMERTS CAS Communicator Project Management and BCA Coordination Installation/Configuration of Server -side Software SSL Certificate for RMS Encryption Hardware VPN for BCA Scene PD Drawing Application MySgl Database License General Guide for Yearly and Monthly Costs eMERTS Mobile Server Software Maintenance SSL Certificate for RMS Application MySgl Database License Morris Electronics Server Monthly Lease for Hosting and Support Fee 316667v1 SJS MN415-115 5