INTERGOVERNMENTAL AGREEMENT FOR POLICE RECORDS MANAGEMENT SYSTEM

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Norah McKinney
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1 INTERGOVERNMENTAL AGREEMENT FOR POLICE RECORDS MANAGEMENT SYSTEM THIS AGREEMENT (the Agreement ) is made by, and between THE TOWNSHIP OF SPRING, having its principal office at 1309 Blanchard Street, Bellefonte, Centre County, Pennsylvania ( Spring Township ), A N D THE BOROUGH OF BELLEFONTE, having its principal office at 236 West Lamb Street, Bellefonte, Centre County, Pennsylvania ( Bellefonte Borough ). RECITALS WHEREAS, Spring Township and Bellefonte Borough each maintain municipal police departments pursuant to the powers vested in the respective municipalities by virtue of the Second Class Township Code, and the Borough Code; and WHEREAS, Spring Township and Bellefonte Borough recognize the benefits of sharing municipal resources and services, including up-to-date and efficient record management system software and hardware for use by the police departments; and WHEREAS, the Act 180 of December 19, 1996, P.L No. 177, 53 Pa.C.S.A. 2301, et seq., also known as the Intergovernmental Cooperation Act (the Intergovernmental Cooperation Act ), authorizes municipalities to enter into joint agreements to cooperate in the performance of their respective functions, powers, and responsibilities; and WHEREAS, both Spring Township and Bellefonte Borough are desirous of upgrading the records management systems for their respective police departments on a cooperative basis that will result in more efficient records management for both police departments, with attendant cost savings for both Spring Township and Bellefonte Borough to be achieved through a purchase by Spring Township of the required licenses, software, hardware, and support services, for use by both Spring Township and Bellefonte Borough to implement the desired upgrade of the police record management system. NOW, THEREFORE with the foregoing recitals incorporated herein by reference, and in consideration of the mutual promises and obligations set forth herein, and intending to be legally bound hereby, the parties hereby agree as follows: Section 1. Purpose

2 This Agreement is established pursuant to the Intergovernmental Cooperation Act for the purpose of purchasing, and allocating the costs for purchasing, hosting and maintaining, the Records Management System (the RMS ) for use by the Spring Township Police Department, and by the Bellefonte Borough Police Department. The project shall encompass the joint use of a computer system ( CS ) by Spring Township and Bellefonte Borough on a Terminal Service Environment ( TSE ) for all Office Programs (which shall include spreadsheet, , word processing, and other software functions), records management and mobile computer system for the capture, storage and retrieval of law enforcement record information, from both office and police vehicle computers. Section 2. Records Management System Components The RMS shall consist of licenses, software, hardware, and related implementation and support services to be purchased from In-Synch Systems, LLC, 129 McCarroll Lane, Suite 301, Zelienople, PA (the Vendor ). The RMS and related services to be purchased are detailed in Quote No (7/15/2011); and in a Contract Packet Comprising a Statement of Work (the SOW ); a Software License Agreement; a Software Maintenance Agreement; and Invoice No. 1851; all dated October 28, 2011, and all providing in the aggregate for the following RMS components to be purchased by Spring Township for use by Spring Township and Bellefonte Borough in the quantities detailed in the foregoing documents, and include the following components: a. RMS Licenses; b. Evidence pack; c. L-tron tracs scanner; d. Basic RMS training; e. Administrative training; f. Go Live Support; g. ConnectCADLink Support; h. RMS support and maintenance. Section 3. Cost Sharing (a) The cost for acquiring, implementing, using, and maintaining the RMS shall be shared by Spring Township and Bellefonte Borough as follows: 2

3 Item Spring Township Bellefonte Borough RMS Software and Hardware Purchases $23, $27, Shared Implementation Costs $ 8, $ 8, Support Costs $ 4, $ 5, Total $36, $41, Sixty (60%) percent of total costs due at signing $21, $24, Forty (40%) percent of costs due in six (6) months $14, $16, Costs for Centre County CAD configuration by Tiburon due after RMS Installation $, 2, $ 2, The above-costs shall be paid by Spring Township directly to the Vendor, pursuant to the terms of the RMS purchase documents. The cost for completing the Centre County CAD Configuration shall be shared equally by Spring Township and Bellefonte Borough, and paid by Spring Township directly to Tiburon within thirty (30) days following completion of the Centre County CAD Configuration. (b) Bellefonte Borough shall reimburse its share of acquisition maintenance and user costs set forth above directly to Spring Township on or before the date due (at signing or thereafter). Spring Township shall invoice Bellefonte Borough for its share of any new or recurring costs, on a quarterly basis, and all such invoices shall be paid to Spring Township within thirty (30) days of the invoice date. Section 4. Relationship Between the Parties (a) The parties hereto agree that as between Spring Township and the Vendor, Spring Township shall be considered the purchaser of the RMS system and services from the Vendor, and that Bellefonte Borough shall be considered an authorized and licensed user of the RMS, possessing all rights and privileges to access and use the RMS and all data, information, forms and other documents and benefits for which the RMS shall be purchased, maintained, and used. Spring Township, as Purchaser, shall execute all purchase and maintenance contracts, licenses and agreements with the Vendor, Tiburon or others. Bellefonte Borough shall be considered a third-party beneficiary of the RMS contract between Vendor and Spring Township. As between the parties to this Agreement, both Spring Township and Bellefonte Borough shall be considered purchasers of the RMS, having the obligation to share in the costs for implementing, maintaining, and hosting the RMS. Spring Township shall serve as the project sponsor. (b) Bellefonte Borough hereby acknowledges that it shall be bound by all terms and conditions of the RMS Software License Agreement applicable to the Client. Section 5. Technology Board 3

4 Spring Township and Bellefonte Borough hereby establish a Technology Board for the purpose of sharing information, expressing viewpoints, and making joint decisions in connection with the purchase, installation, implementation, maintenance, and upgrading of the RMS software and hardware products purchased from Vendor, and regarding any additions, deletions, or other changes to the CS and the TSE; in the event that Spring Township and Bellefonte Borough approve funding for any such additions, deletions, or changes in the future. The Technology Board shall be comprised of the following: a. The Spring Township Police Chief; b. The Bellefonte Borough Police Chief; c. A delegate appointed by the Spring Township Board of Supervisors; d. A delegate appointed by the Bellefonte Borough Council; e. A member of the information technology staff Any additions, deletions, or other changes to the RMS and/or the CS that materially affect the performance of the RMS and/or the CS, and that require funding, shall be decided by a vote submitted to the Technology Board, with each member having one vote, and with questions to be decided by a majority vote of the Technology Board Members. Section 6. Information Technology Support (a) Spring Township and Bellefonte Borough shall each separately retain CWS Web Services, LLC ( CWS ) to provide the information technology (the IT ) support for CS, pursuant to separate contracts with Spring Township and Bellefonte Borough which allocate the costs of supporting the CS as between the parties hereto. Spring Township and Bellefonte Borough will each be responsible for the purchase and maintenance of any client desktop and/or mobile computer systems, printers, routers, and switches required, or otherwise desired, by each municipality to facilitate implementation and use of the RMS and CS for their respective police departments and officers. CWS shall provide such Office Programs as desired by the respective Spring Township and/or Bellefonte Borough police departments, pursuant to separate contracts between CWS and each municipality for the purchase of such desired office programs. (b) The server(s) for the CS shall be located in a secure facility at the Spring Township Building, unless another location is subsequently designated in order to increase security and centralization of the server(s) for enhanced performance. The server(s) for the CS shall be accessible only to designated IT staff and designated municipal employees from Spring Township and Bellefonte Borough. Section 7. Term 4

5 (a) The terms of this Agreement shall be for a period of five (5) years, commencing on the date of contract signing and continuing through and including December 31, (b) This terms of this Agreement shall renew for successive periods of one (1) year following expiration of the initial two-year term unless with spring Township or Bellefonte Borough advise the other of an intent to opt-out, which notice shall be given in writing no less than ninety (90) days prior to the expiration of the then-current terms. Section 8. Assignment Any assignment by Spring Township or Bellefonte Borough of this Agreement, or any right, responsibility, or interest under this Agreement without the prior written consent of the other party hereto shall be null and void and of no force or effect. Section 9. Compliance With Applicable Laws In the performance of duties and responsibilities hereunder, and in conjunction with any use of the RMS and CS, all parties hereto shall comply with all applicable laws and regulations, including without limitation, the Pennsylvania Criminal History Record Information Act; as well applicable standards promulgated by the following networks: Commonwealth Law Enforcement Assistance Network ( CLEAN ); the National Criminal Information Center ( NCIC ); the Criminal Justice Information Service ( CJS ); and the Commonwealth of Pennsylvania Justice Network ( JNET ). Section 10. Liability for Use. Any liability based upon or arising out of use of the RMS and/or CS, input of information into the CS, or release of information from the RMS/CS shall be borne by the party whose use of the system, input of information or release of information caused the liability. Each party hereto shall indemnify and hold harmless the other party and such other parties local governing body, their officers and employees, from and against any and all claims, demands, action, suits, expenses, costs (including attorney fees and costs of suit), damages or liability (including liability for false arrest or false imprisonment) based upon, or arising out of its use of the system, its input of information into the system, or its release of information from the system. Section 11. System Maintenance The execution of a Maintenance Agreement for the RMS and the CAD Interface shall be the responsibility of Spring Township, for which it shall obtain from Bellefonte Borough prior approval to the Agreement s terms, before entering into any such Maintenance Agreement; with the costs of such Maintenance Agreement shall be allocated and paid as follows: 5

6 (a) (b) CAD Interface; - Spring Township 50% - Bellefonte Borough 50% RMS Maintenance costs shall be allocated between Spring Township and Bellefonte Borough based upon the number of users for the respective police departments. Section 12. System Damage Should any part of the RMS and/or CS (collectively referred to as the System ) be damaged through the negligence of a party, the responsibility for, and expense of restoring the System to proper operating condition, shall be the responsibility of that party. Should any part of the System be damaged through an act of God or other cause beyond the control of any party hereto, and the damaged part of the System is for the benefit of both Spring Township and Bellefonte Borough (such as the servers), the responsibility for the expense of restoring the System to proper operating condition shall be shared equally by Spring Township and Bellefonte Borough. Should any part of the System be damaged through an act of God or other cause beyond the control of the parties hereto, and the damaged part of the System is solely for the benefit of one party (such as personal computers, printers or mobile computers), the responsibility for and expense of restoring that part of the System to proper operating condition shall be the exclusive responsibility of that party. Section 13. Amendments Any amendment to this Agreement may be requested by any party hereto. Any party so desiring to amend this Agreement shall first deliver written notice of the proposed amendment to the other municipality. The written notice shall include a description of the proposed amendment and a request for a meeting of all parties to this Agreement to consider the proposed amendment. Upon receipt of such notice, the parties will thereafter schedule a meeting to be held at a mutually convenient time and location for consideration of the proposed amendment. Each of the parties shall have one (1) municipal representative and one (1) police department representative present at the meeting to engage in discussion on the proposed amendment. In the event there is unanimous agreement of all parties on the proposed amendment, this agreement may be so amended upon the passage of an ordinance by each of Spring Township and Bellefonte Borough adopting such amendment. Section 14. Interpretation This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 6

7 Section 15. Severability If any part of this Agreement is determined to be invalid, illegal or unenforceable, such determination shall not affect the validity, legality or enforceability or any other part thereof, and the remaining parts of this Agreement shall be enforced as if such invalid, illegal or unenforceable part were not contained herein. Section 16. Entire Agreement This is the entire agreement among the parties regarding the subject matter hereof and it supersedes and replaces all prior and contemporaneous agreements. Section 17. Notices All notices to be given hereunder shall be sent to the parties to this Agreement by certified mail, return receipt requested, addressed as follows: a. Spring Township Township Manager Township of Spring 1309 Blanchard Street Bellefonte, PA b. Bellefonte Borough Borough Manager 236 West Lamb Street Bellefonte, PA

8 Section 18. Adoption of Agreement This Agreement shall take effect upon the passage of an ordinance by Spring Township and by Bellefonte Borough, which ordinance shall expressly adopt this Agreement, shall authorize and direct the appropriate representative of each governing body to execute this Agreement, and shall in all respects comply with the requirements of the Intergovernmental Cooperation Act. Upon execution by the parties, Spring Township (or its designee) shall act as the custodian of the original Agreement and shall provide copies of the final executed Agreement to Bellefonte Borough. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth below, pursuant to a resolution of its governing body. ATTEST: TOWNSHIP OF SPRING CHAIRMAN DATE ORDINANCE NO VICE CHAIRMAN DATE ATTEST: BELLEFONTE BOROUGH PRESIDENT DATE ORDINANCE NO. 8

BOROUGH OF ST. CLAIR SCHUYLKILL COUNTY, PENNSYLVANIA

BOROUGH OF ST. CLAIR SCHUYLKILL COUNTY, PENNSYLVANIA ORDINANCE NO. 8 AN ORDINANCE OF THE BOROUGH OF ST. CLAIR, SCHUYLKILL COUNTY, PENNSYLVANIA, TO ESTABLISH INTERMUNICIPAL COOPERATION WITH EAST NORWEGIAN