CR2012-137 Agreement for Records Management Service-4m
November 20, 2012 Council Report 2012-137
Agreement for Records Management Services with the City of Plymouth
Proposed Action
Staff recommends adoption of the following motion: Move to authorize Mayor and City
Manager to sign an agreement bringing the City of Hopkins onto the City of Plymouth
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 with the
City of Plymouth.
The proposed system's annual cost will be $3,000, which is substantially less than our
current system.
Supporting Information
e Agreement with the City of Plymouth.
Signature
Title
Financial Impact: $3,000 Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
AGREEMENT FOR RECORD MANAGEMENT SERVICES
AGREEMENT made , 2012, by and between the City of
Plymouth, a Minnesota municipal corporation ("Plymouth") and the City of Hopkins, a
Minnesota municipal corporation ("Hopkins").
1. BACKGROUND. Hopkins has requested that Plymouth provide police record
management services to Hopkins using Plymouth's Records Management Server (RMS).
2. POLICE RECORD MANAGEMENT. Commencing on or about January 1,
2013, Plymouth shall provide police record management services to Hopkins using Plymouth's
Records Management Server (RMS) as a repository for police incidents, citations, arrests and
other police data. Data from Hopkins must meet Plymouth's System Setting requirements.
Hopkins must obtain and pay for an LETG software license.
3. INITIAL COSTS. Plymouth will incur certain up front costs to provide service
to Hopkins. These costs include legal and administrative staff time. Hopkins must pay one
hundred percent (100%) of the above mentioned costs. Plymouth will invoice Hopkins as costs
are incurred and Hopkins will reimburse Plymouth within thirty-five (35) days of receipt of a
properly itemized bill.
4. PAYMENT FOR POLICE RECORD MANAGEMENT. Subject to the
payment of initial costs pursuant to Paragraph 3, Hopkins shall pay Plymouth the sum of Three
Thousand and no/100 Dollars ($3,000.00) for calendar year 2013 ("Base Charge"). Payment
shall be due in advance on or before the first day of each calendar year. For calendar year 2014
and subsequent years, Hopkins shall pay Plymouth annually the Base Charge, adjusted by
Plymouth on January 1st each year as follows: three percent (3%) or the rate of increase, if any,
over the previous year in the implicit price deflator for government consumption expenditures
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and gross investment for state and local governments prepared by the Bureau of Economic
Analysts of the United States Department of Commerce. Adjustments in the Base Charge shall
be prospective, whichever is greater.
5. TERMINATION FEE. If Hopkins terminates this Agreement at the end of the
initial term or anytime thereafter, Hopkins shall pay to Plymouth the actual cost incurred by
Plymouth caused by the termination, including the cost of transferring the data back to Hopkins.
6. TERM OF AGREEMENT. This Agreement shall be for an initial term of one
(1) year, commencing on or about January 1, 2013, with automatic one (1) year renewals
thereafter. This Agreement may be terminated by either party after the initial term upon a ninety
(90) day advance written termination notice delivered by either party to the other party.
7. NO WARRANTIES. Plymouth makes no warranties expressed or implied
concerning the RMS server or Plymouth's duties and obligations under this Agreement.
Plymouth shall not be liable for any damages, special, indirect, incidental, punitive, exemplary or
consequential arising from or related to Plymouth's obligations and duties under this Agreement.
8. RELATIONSHIP OF THE PARTIES. Nothing herein contained is intended or
should be construed in any manner as creating or establishing the relationship of joint ventures or
co -partnership between the parties hereto or as constituting Plymouth as the agent or
representative of Hopkins for any purpose or any manner whatsoever.
9. INSURANCE. Plymouth and Hopkins shall each maintain insurance coverage or
equivalent pooled self insurance coverage in the minimum amount of the liability limits
established in Minnesota Statutes Chapter 466, which shall protect both cities from any and all
claims that might be made against either or both cities as a result of the operations or the services
set forth herein.
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10. INDEMNITY. Each party is responsible for its own acts and omissions and the
results thereof to the extent authorized by law. Minnesota Statutes Chapter 466 and other
applicable law govern the parties' liability. To the full extent permitted by law, this Agreement
is intended to be and shall be construed as a "cooperative activity" and it is the intent of the
parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as
set forth in Minnesota Statutes §471.59, subd. 1 a(a); provided further that for purposes of that
statute, each party to this Agreement expressly declines responsibility for the acts or omissions
of the other party. In addition to the foregoing, nothing herein shall be construed to waive or
limit any immunity from, or limitation on, liability available to either party, whether set forth in
Minnesota Statutes Chapter 466 or otherwise.
11. GOVERNMENT DATA PRACTICES. Plymouth and Hopkins must comply
with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. The civil
remedies of Minnesota Statutes § 13.08 apply to the release of the data governed by the
Minnesota Government Practices Act. If A party receives a request to release the data related to
this Agreement, the party must immediately notify the other party.
12. NOTICES. All notices to the parties under terms of this Agreement, unless
otherwise provided herein or by other agreement, shall be made in writing, addressed as follows:
City of Plymouth
Attention: City Manager
3400 Plymouth Road
Plymouth, MN 55447-1482
City Of Hopkins
Attention: City Manager
1010 - 1St Street South
Hopkins, MN 55343-7558
13. SEVERABILITY. The provisions of this Agreement shall be deemed severable.
If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not
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affect the validity and enforceability of the remainder of this Agreement unless the part or parts
that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire
Agreement with respect to any party.
14. ASSIGNMENT. Neither party to this Agreement may assign its interest in the
Agreement without prior written approval of the other party and subject to such conditions and
provisions as the other party may deem necessary.
15. AMENDMENTS. This Agreement may be amended from time to time as the
parties deem necessary. No amendment shall be effective unless agreed to in writing by the
parties.
16. ENTIRE AGREEMENT. It is understood and agreed that the entire agreement
of the parties is contained herein and that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matter hereof, as well as any previous
agreements presently in effect between the parties relating to the subject matter hereof.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
CITY OF PLYMOUTH CITY OF HOPKINS
BY:
Its Mayor
AND
Its City Manager
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BY:
Its Mayor
AND
Its City Manager