HomeMy WebLinkAbout _ 4.9(a)--First Amendment IPS MOU
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Approve and authorize the Mayor to execute the First Amendment to the Integrated Public
Safety Memorandum of Understanding (MOU) (C-2756) between the City of Redding, the City
of Anderson, the County of Shasta, and Shasta Area Safety Communications Agency
(SHASCOM), to define: (a) which specific agencies are considered IPS principal parties to the
MOU and their roles; (b) subscribing agencies and how subscribing agency user fees are
determined; and (c) adds Section 22, Counterparts/Electronic, Facsimile, and PDF Signatures,
which allows for electronic signatures for the MOU.
Fiscal Impact
This First Amendment to the Memorandum of Understanding (MOU) adds no additional costs to
the City of Redding’s expenses and there will be no new impact to the General Fund.
The funding arrangement in this MOU is the same as in prior agreements - City of Redding
Police Department and Shasta County Sheriff’s Office contribute 45 percent each and the City of
Anderson Police Department contributes 10 percent. SHASCOM contributes a share of the
maintenance cost for the Computer Aided Dispatch (CAD) system.
Alternative Action
The City Council (Council) could choose not to approve the First Amendment to the MOU and
provide staff with alternative direction.
MEETING DATE: November 7, 2023
ITEM NO. 4.9(a)
FROM:
***APPROVED BY***
bbarner@reddingpolice.org
btippin@cityofredding.org
SUBJECT: 4.9(a)--Approve First Amendment to the Integrated Public Safety MOU
Brian Barner, Chief of Police
Report to Redding City Council November 2, 2023
Re: 4.9(a)--First Amendment IPS MOU Page 2
Background/Analysis
On September 20, 2022, Council approved a new Integrated Public Safety (IPS) MOU between
the County of Shasta, the cities of Redding and Anderson and SHASCOM. Subsequently, it
came to staff’s attention that some of the language in the MOU needed t o be clarified. This
amendment defines which specific agencies are considered IPS principal parties to the MOU and
their roles. It defines subscribing agencies and how subscribing agency user fees are determined.
The amendment also adds Section 22, Counterparts/Electronic, Facsimile, and PDF Signatures,
which allows for electronic signatures for the MOU. All other sections remain the same. These
changes will provide a clearer understanding of everyone’s responsibilities for operation of the
IPS moving forward.
Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further
action is required.
Council Priority/City Manager Goals
• Public Safety – “Work to improve all aspects of public safety to help people feel secure
and safe where they live, work, and play in the City of Redding.”
Attachments
FINAL_IPS AMENDMENT
C-2756 - MOU - 2022 - County of Shasta, City of Anderson & SHASCOM
FIRST AMENDMENT TO THE MOU FOR OPERATION OF IPS
C-2756
FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
FOR OPERATION OF INTEGRATED PUBLIC SAFETY
This First Amendment is entered into between the County of Shasta (“County”), a political
subdivision of the State of California, the City of Redding, a municipal corporation (REDDING), the City
of Anderson, a municipal corporation (ANDERSON), and the Shasta Area Safety Communications
Agency, a joint-powers agency (SHASCOM) hereinafter referred to as the Parties.
R E C I T A L S
WHEREAS, the Parties have previously entered into a Memorandum of Understanding on October
5, 2022 to provide shared computerized law enforcement information and data to each of their agencies
(“Original Agreement”); and
WHEREAS, the Parties desire to amend the Agreement to define and clarify Parties, responsibilities,
apportionment of costs, and add electronic signature provisions; and
WHEREAS, the Original Agreement and the First Amendment are collectively referred to as the
“Agreement.”
NOW, THEREFORE, the Agreement is amended as follows:
I. Section 3. DEFINITION of the Agreement is amended as of the effective date of the Agreement in
its entirety to read as follows:
Section 3. DEFINITION:
3.1 IPS is the Integrated Public Safety System which shall operate as a multi-agency
information technology task force, governed by the IPS Principal Participants, whose
primary mission shall be to provide the Shasta County area law enforcement
community with a centralized system for consolidated records management, mobile
data delivery systems and a dedicated, secure technology infrastructure and to ensure
the System is providing timely access to tactical and administrative investigative
information relevant to the needs of law enforcement.
3.2 IPS Principal Participants:
3.2.1 The Shasta County Sheriff’s Office, an entity of Shasta County (COUNTY).
3.2.2 The Redding Police Department, an entity of the City of Redding, a municipal
corporation (REDDING).
3.2.3 The Anderson Police Department, an entity of the City of Anderson, a
municipal corporation (ANDERSON).
3.3 IPS Subscribing Agencies are any agency or city or county department not defined as
an IPS Principal Participant, excluding the Shasta Area Safety Communications
FIRST AMENDMENT TO THE MOU FOR OPERATION OF IPS
C-2756
Agency (SHASCOM), requiring access to the IPS and, if applicable, access the
California Law Enforcement Telecommunications System (CLETS) and the National
Crime Information Center (NCIC). All IPS Subscribing Agencies shall execute a
Memorandum of Understanding, Subscribing Agency Agreement, the subscriber
agreements will be substantively in the form as Exhibit A attached hereto and remit
annual Subscriber Agency fees to IPS.
II. Section 5. GOVERNING of the Agreement is amended as of the effective date of the Agreement in
its entirety to read as follows:
Section 5. GOVERNING
5.1. The Parties agree IPS shall be governed by a three-member board consisting of the
Redding Chief of Police, the Anderson Chief of Police, and the Sheriff of Shasta
County, (IPS Directors) herein after referred to collectively as the IPS Board and
individually as Law Enforcement Agency (LEA). SHASCOM is not a voting member
of the IPS Board.
5.2. Each IPS Director may appoint an alternate who shall have the right to exercise the
authority of said Director in their absence.
5.3. The IPS Directors, or their designees, shall meet at least twice per calendar year.
5.4. At the first meeting of every fiscal year, the IPS Directors may appoint a chairperson.
The chairmanship shall rotate annually among the members of the IPS Directors.
5.5. The IPS Directors shall be responsible for reporting back to their respective agencies.
5.6. Each Party to this agreement shall identify its management representatives who shall
be responsible to coordinate the tasks and responsibilities outlined in this MOU on a
daily basis with all other Parties. Each Party shall also provide the names and contact
information of those management representatives to the IPS Project Supervisor.
5.7. IPS staff assigned to IPS functions shall meet as requested with the management
representatives to share reports and information with each other and report directly to
the IPS Directors on all matters.
5.8. The IPS Directors are authorized on behalf of their respective governing authority to
execute Memorandum of Understandings with Subscribing Agencies in the format
consist of Exhibit A. The Memorandum of Understanding with Subscribing Agencies
may be updated by the IPS Directors as needed to reflect current operational needs.
5.9. The IPS Directors are authorized on behalf of their respective governing authority to
amend the IPS organizational structure as it pertains to IPS Personnel (Exhibit B) to
meet the needs of the IPS task force within the limits afforded by their respective
governing authority.
5.10. The IPS Directors are authorized on behalf of their respective governing authority to
FIRST AMENDMENT TO THE MOU FOR OPERATION OF IPS
C-2756
approve any contract or agreement that directly relates to the operation of the system
and falls within the scope of the approved IPS budget and its related amendments.
Any approval of said contracts or agreements must comply with REDDING’s
purchasing procedures.
5.11. All decisions to be made by the IPS Directors shall require a vote of the majority.
III. Subsection 6.10 of Section 6. OPERATIONAL ROLES AND RESPONSIBILITES of the
Agreement is added as of the effective date of the Agreement in its entirety to read as follows:
6.10 The City of Redding Chief Information Officer, the Chief Information Officer for the
County of Shasta, and the SHASCOM Director shall assist the IPS Principal Participants in a
consulting capacity, as needed.
IV. Section 9. SUBSCRIBING AGENCIES of the Agreement is amended as of the effective date of the
Agreement, in its entirety to read as follows:
Section 9. SUBSCRIBING AGENCIES
Representatives from Subscribing Agencies as defined in Subsection 3.3 of Section 3.
DEFINITIONS may be invited to attend the IPS Directors meetings. Subscribing Agencies shall
not be voting members.
V. Section 11. APPORTIONMENT OF COSTS of the Agreement is amended as of the effective date
of the Agreement, in its entirety to read as follows:
Section 11. APPORTIONMENT OF COSTS
11.1 SHASCOM shall be billed a portion of the maintenance and hardware costs as part
of the annual IPS budget. SHASCOM shall contribute no less than $175,000 per year
for the system maintenance costs. The annual contribution by SHASCOM is subject
to adjustment and increase approved by the IPS Board. Any such increase shall be in
accordance with cost increases incurred for the System and it's ancillary components
and shall not exceed 10% of the current SHASCOM contribution to the IPS IT budget,
the specifics of this contribution is defined in the annual fiscal IPS budget agreement.
11.2 The Parties Principal Participant, in the following proportions, shall share the annual
fiscal year payment of IPS operating costs jointly offset by SHASCOM portion as
defined in Section 11.1
11.2.1 COUNTY’s share of the annual on-going costs for its Principal Participant,
the Shasta County Sheriff’s Office, shall be equal to forty-five percent (45%).
11.2.2 REDDING’s share of the annual on-going costs for its Principal Participant,
the Redding Police Department, shall be equal to forty- five percent (45%).
11.2.3 ANDERSON’s share of the annual on-going costs for its Principal Participant,
shall be equal to ten percent (10%).
FIRST AMENDMENT TO THE MOU FOR OPERATION OF IPS
C-2756
11.3 The Parties apportioned shares shall be adjusted to compensate each Party according
to their annual and actual budgeted personnel costs.
11.4 The individual agencies shall be responsible for budgeting their portion of the IPS
expense in their respective agencies’ budgets as approved by their governing boards.
VI. Section 13. USER FEES of the Agreement is amended as of the effective date of the Agreement in
its entirety to read as follows:
Section 13. USER FEES
In addition to the Apportionment of Costs described in Section 11 of this MOU, Subscribing
Agencies/Departments shall pay annual User Fees.
13.1 The IPS Directors shall collect a cost recovery user fee and/or project cost from the
Subscribing Agencies.
13.2 User fees imposed on Subscribing Agencies shall include administrative costs as well
as a negotiated percentage of operational costs and shall not exceed the actual
expenses as approved in the budget.
13.3 User fees shall be presented to the IPS Directors at the annual budget meeting and
require a majority vote for approval.
VII. Section 22. COUNTERPARTS/ELECTRONIC, FACSIMILE, AND PDF SIGNATURES of the
Agreement is added as of the effective date of the Agreement in its entirety to read as follows:
SECTION 22. COUNTERPARTS/ELECTRONIC, FACSIMILE, AND PDF SIGNATURES
This agreement may be executed in any number of counterparts, each of which will be an original,
but all of which together will constitute one instrument. Each Party of this agreement agrees to the
use of electronic signatures, such as digital signatures that meet the requirements of the California
Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for
executing this agreement. The Parties further agree that the electronic signatures of the Parties
included in this agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic signature means an electronic sound, symbol, or process
attached to or logically associated with an electronic record and executed or adopted by a person
with the intent to sign the electronic record pursuant to the CUETA as amended from time to time.
The CUETA authorizes use of an electronic signature for transactions and contracts among Parties
in California, including a government agency. Digital signature means an electronic identifier,
created by computer, intended by the party using it to have the same force and effect as the use of a
manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a
digital signature is a type of "electronic signature" as defined in subdivision (h) of Section 1633.2 of
the Civil Code. Facsimile signatures or signatures transmitted via pdf document shall be treated as
originals for all purposes.
VIII. REAFFIRMATION
FIRST AMENDMENT TO THE MOU FOR OPERATION OF IPS
C-2756
In all other respects, the Agreement, as amended, and any attachments, remains in full force and
effect.
IX. ENTIRE AGREEMENT
The Agreement, as amended, and any attachments, constitute the entire understanding between
Parties .
X. EFFECTIVE DATE
Unless otherwise provided, this First Amendment shall be deemed effective as of the last date it is
signed by both Parties.
IN WITNESS WHEREOF, the Parties to this MOU through their duly authorized representatives have executed this
MOU on the days and dates set out below and certify that they have read, understood, and agreed to the terms and
conditions of this MOU as set forth herein.
ATTEST: CITY OF REDDING
By: __________________________________ By: __________________________________
Sharlene Tipton, City Clerk Date: Michael Dacquisto, Mayor Date:
APPROVED AS TO FORM:
Barry DeWalt
City Attorney
By:
Barry E. DeWalt, City Attorney Date:
ATTEST: CITY OF ANDERSON
By: __________________________________ By: __________________________________
Christy White, Deputy City Clerk Date: Mike Gallagher, Mayor Date:
APPROVED AS TO FORM:
Collin Bogener
City Attorney
By:_______________________________
Collin Bogener, City Attorney Date:
CONTINUED ON NEXT PAGE
FIRST AMENDMENT TO THE MOU FOR OPERATION OF IPS
C-2756
ATTEST: COUNTY OF SHASTA
DAVID J. RICKERT
Clerk of the Board of Supervisors Shasta County Board of Supervisors
By: By: __________________________
Deputy Clerk of the Board Date: Patrick Jones, Chairman Date:
APPROVED AS TO FORM:
Gretchen Stuhr
Interim County Counsel Risk Management
By: __________________________________ By: ____________________________
Gretchen Stuhr Date: James Johnson Date:
Interim County Counsel Risk Management Analyst III
SHASTA AREA SAFETY COMMUNICATIONS AGENCY
By: __________________________________ Date:_____________________________
Chris Smyrnos, SHASCOM Director
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Exhibit A
MEMORANDUM OF UNDERSTANDING
Subscribing Agency Agreement
This Memorandum of Understanding (MOU) is made and entered into this day of ,
, by and between the Redding Police Department, the Anderson Police Department, and the Shasta
County Sheriff's Office, collectively known as “IPS” (Integrated Public Safety) and
, hereinafter referred to as Subscribing Agency. IPS and Subscribing Agency
are herein after referred to as the Parties to this MOU. IPS maintains a centralized computer data system relevant to
the needs of law and justice agencies in the Shasta County region hereinafter referred to as the IPSS (Integrated
Public Safety Systems). The IPS Directors consist of the Redding and Anderson Police Chiefs and the Shasta County
Sheriff. Subscribing Agency wishes to access the IPSS.
1. PURPOSE
The purpose of this MOU is to establish the terms, conditions, and responsibilities of IPS and
Subscribing Agency, thereby authorizing Subscribing Agency to access the IPSS, and if
applicable, access the California Law Enforcement Telecommunications System (CLETS), and
the National Crime Information Center (NCIC). Additionally, this MOU shall define
responsibility for control of information accessed through the IPSS.
2. SHARED INFORMATION
Not all information maintained within IPSS shall be available to all employees of the Parties.
Sensitive information contained within IPSS shall be restricted on a “need to know” basis as
determined by the originating agency, to perform assigned duties.
Subscribing Agencies do not have the authority to disseminate shared data stored in IPSS. Data
obtained from IPSS shall only be disseminated by the Agency of Record. All information requests,
including but not limited to; total calls for service, case information, copies of records, jail activity,
etc. shall be sent directly from the requesting party to the Agency of Record. The Agency of Record
is the agency that created the relevant data through its normal business practices and procedures.
No Subscribing Agency shall give out information for another Subscribing Agency without the
written consent from that Agency. This includes Public Records Requests or involved and/or
associated cases unless otherwise required by law.
Abuse of access of information within the IPSS could result in termination of user access and/or
subscribing agency access to IPSS and will be reviewed and decided by a majority vote of the IPS
Directors.
3. MANAGEMENT CONTROLS
Subscribing Agency shall assume responsibility of its employees who are granted access to the
IPSS. Each Subscribing Agency shall maintain physical and operational control of any equipment
and/or software used to gain access to the IPSS.
Each Subscribing Agency shall ensure that all employees of Subscribing Agency who are granted
access to the IPSS continue to meet the requirements of Penal Code sections 11105 and 13300,
which identify persons allowed to access criminal history information and the purposes for said
access.
Each Subscribing Agency shall maintain information and/or access security such that it is
compliant with all security controls required by the most recent version of the Criminal Justice
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Information Services (CJIS) Security Policy and the CLETS Policies, Practices, and Procedures
(PP&P).
4. SECURITY CLEARANCE
Subscribing Agency agrees to maintain accurate records of those employees who have been
granted access to the IPSS. Those records shall include a copy of the Security Clearance notice
signed by each employee who is granted access to the IPSS.
Within six months of employment or assignment of any staff accessing the IPSS, the Subscribing
Agency shall have staff pass a proficiency test for CLETS/NCIC policies and Regulations by
completing the required training and the appropriate CLETS/NCIC Telecommunications
Proficiency Examination published by the CA Department of Justice (DOJ). Proficiency retesting
shall be required biannually thereafter as required by CLETS PP&P. Copies of Signed agreements
and/or proficiency tests shall be made available for inspection and review by IPS within three
business days of a written request to Subscribing Agency.
5. RESPONSIBILITIES
Subscribing Agency is responsible for their own computer hardware and related peripheral
accessories and is responsible for ensuring their hardware meets IPS requirements for access to
the IPSS. Subscribing Agency is responsible for maintaining their own network infrastructure and
for ensuring their network can communicate with the IPSS network for system access.
IPS is responsible for providing customer and technical support for the IPSS software applications
and databases that are being accessed by Subscribing Agency.
6. SYSTEM ADMINISTRATION
Subscribing Agency authorizing an employee to gain access to the IPSS shall submit a written and
signed request from its respective Agency Head or designee. Submission of such a request shall
not occur until the employee has executed the Security Clearance notice. Once an employee has
been provided access to the IPSS, the Subscribing Agency shall be responsible for enforcing the
rules and regulations governing the use of information obtained through the IPSS. Should an
employee's status change, either through re-assignment or termination, it shall be the Subscribing
Agency's responsibility to immediately notify IPSS in writing to prevent the employee from having
further access to the IPSS.
7. COMPENSATION SCHEDULE
Each year IPS shall establish a fee schedule (User Fees) for the access, support, and security of the
IPSS.
The User Fees will be divided into three tiers of access:
Tier 1 – CLETS/NCIC Only Access
Access to CLETS/NCIC via the IPS provided interface. No access to Computer Aided Dispatch
(CAD), mobile CAD, Records Management System (RMS), or jail data.
Tier 2 - Read Only Access
Access to CLETS/NCIC via the IPS provided interface. Read-only access to CAD, mobile CAD,
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RMS, and jail data for research and operational purposes as needed based on the job functions
of the subscribing agency.
Tier 3 – Full Access
Access to CLETS/NCIC via the IPS provided interface. Full read and write access to the CAD,
mobile CAD, RMS, and jail modules as needed based on the job functions of the subscribing
agency.
IPS shall prepare and submit to each Subscribing Agency the Board approved User Fees prior to
the start of the fiscal year. In accordance with the established fee schedule, invoicing shall be done
bi-annually, based upon actual number of users the Subscribing Agency had accessing the IPSS
each month. The total users for each Subscribing Agency will be audited monthly by IPS to be
used for billing purposes. The Subscribing Agency can request a copy of that audit at any given
time, by submitting a request in writing to IPS. No amendment to this MOU is necessary to update
the annual fee schedule.
The Subscribing Agency shall remit to IPS, upon receipt of invoice, applicable fees according to
the approved annual fee schedule. The establishment and implementation of a cost-recovery fee
schedule does not imply all costs incurred by IPS, on the behalf of Subscribing Agency, are
included in the current Fee Schedule calculation. All invoices are payable within 30 days of receipt.
The fee schedule shall establish a ‘per-user’ fee based on level of access requested and specific
and identifiable costs incurred by IPS in order to provide and maintain access and security for the
system. System Users are defined as individual employees of the Parties who have been granted
access to the IPSS. Identified costs, which directly benefit all System Users shall be divided by
the total number of System Users to determine the ‘per-user’ fee. The fee schedule may include a
one-time network connection and setup fee for access to IPS and may include an annual fee to
maintain ongoing connectivity to the system. The fee schedule may include hourly rate(s) for any
non-standard support services contracted with IPS and performed for the sole benefit of the
Subscribing Agency by IPS personnel.
Requests from a Subscribing Agency for programming and/or other non-standard support is
subject to a review process and final approval by the IPS Directors.
IPS shall bill Subscribing Agency for network connection, programming and/or non-standard
support services within 30 days of connection or service. Subscribing Agency shall remit payment
upon receipt of the invoice, not to exceed 30 days.
Shasta Area Safety Communications Agency (SHASCOM), and Shasta Interagency Narcotics Task
Force (SINTF) are exempt from the ‘per-user’ fee requirement.
8. VIOLATION OF MOU
In the event a Subscribing Agency fails to exercise Management Controls as outlined in Section 3
or Security Clearance as outlined in Section 4, IPS may deny the Subscribing Agency further
access to the IPSS. In the event Subscribing Agency fails to remit the invoiced amount to IPS,
IPS may deny the Subscribing Agency further access to the IPSS. This action shall occur only after
a meeting of the IPS Directors, and the Subscribing Agency has been conducted and a majority
vote by the IPS Directors affirming termination of the Subscribing Agency access.
9. TERM OF MOU
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This Memorandum of Understanding shall become effective as of the date of the last signatory and
shall remain in full force and effect until it is terminated by written notice. In the event an
individual Subscribing Agency no longer desires access to the IPSS, that Subscribing Agency shall
provide a written notice to IPS. Upon such notice, employees of the withdrawing agency will no
longer be allowed access to the IPSS three (3) business days after written notice is received by the
IPS Project Supervisor and the withdrawing agency shall cease to be a part of the IPSS.
In the event the Subscribing Agency signatory authority and/or the IPS Board of Directors
signatory Authority changes during the term of this agreement, this MOU shall remain active, and
all authority and agreement shall be inherited by the successor.
10. INDEMNIFICATION
It is agreed that each of the Parties shall, for its sole negligence, or sole willful conduct, mutually
save and hold each of the other parties and each of the other parties' appointed and elected officials,
its agents, representatives, volunteers, and employees harmless from all costs, expenses, losses,
and damages, including death or damages to property caused by any act or neglect of such party,
its agents, representatives, volunteers, officials, or employees in the performance of this
agreement.
[SIGNATURE PAGE FOLLOWS]
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Subscribing Agency:
Tier 1 Number of Users:
Tier 2 Number of Users:
Tier 3 Number of Users:
Effective Date:
(Signatory), (Title) Date
IPS BOARD OF DIRECTORS:
Chief of Police Date
Redding Police Department
Chief of Police Date
Anderson Police Department
Sheriff-Coroner Date
Shasta County Sheriff’s Office
M NLIJ W of 111A.1 I • r
This Memorandum of Understanding (MOU) is between the County of Shasta, a political subdivision of the State
of California (COUNTY); the City of Redding, a municipal corporation (REDDING), the City of Anderson, a
municipal corporation (ANDERSON), and the Shasta Area Safety Communications Agency, a joint -powers agency
SHASCOM) hereinafter referred to as the Parties.
WHEREAS The Parties agree that it is to the mutual advantage and benefit of the Parties that an Integrated Public
Safety System (System) be jointly operated to provide shared computerized law enforcement information and data
to each of their agencies.
1. BACKGROUND
1.1. The `Integrated Public Safety' Project (IPS) is presently governed by a memorandum of understanding
between the COUNTY, REDDING, and ANDERSON, the `Agreement for the Operation of the Integrated
Public Safety System' (IPS Agreement). SHASCOM has not historically been a party to the IPS
Agreement. The prior five-year term IPS Agreement was executed on June 4, 2013 and amended on June
3, 2018 for two (2) one-year terms. It establishes the ongoing mutual need and benefit of a shared Records
Management System and the mechanism whereby the costs of that System are shared between the
COUNTY, REDDING, AND ANDERSON. This updated IPS MOU supersedes and replaces any previous
IPS agreements or MOU as of the date of the last Party to sign this MOU.
1.2. The System was upgraded from a legacy IBM system to a Motorola Flex product on October 9, 2018. A
Transitional MOU Agreement was entered into to govern the implementation of the Flex system by the
Parties on May 8, 2017, thereby incorporating SHASCOM into IPS. The Transitional MOU (TMOU)
Agreement will terminate as of the date of the last Party to sign this updated IPS MOU.
2. PURPOSE
The purpose of this MOU is to identify the financial and personnel resources needed to provide necessary
hardware, programming, and software to develop and maintain an integrated public safety system. The goal
of such system is to increase efficiency using technology, to reduce redundancy, and to provide needed
information, thus maximizing personnel resources.
3. DEFINITION
IPS shall operate as a multi -agency information technology task force whose primary mission shall be to
provide the Shasta County area law enforcement community with a centralized system for consolidated
records management, mobile data delivery systems and a dedicated, secure technology infrastructure and
to ensure the System is providing timely access to tactical and administrative investigative information
relevant to the needs of law enforcement.
4. SECURITY OF STORED INFORMATION
Security of stored information shall comply with existing Federal, State, and Agency statutes, regulations,
and policies.
All information, although "shared information", shall be the responsibility of the Agency of Record. Except
as required by the California Public Records Act, no Party may release information from another Agency
without prior written approval. Approval must be obtained for any and all instances.
5. GOVERNING
5.1. The Parties agree IPS shall be governed by a three-member board consisting of the Redding Chief of Police,
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the Anderson Chief of Police, and the Sheriff of Shasta County, herein after referred to collectively as the
IPS Board and individually as Law Enforcement Agency (LEA). SHASCOM is not a voting member of the
IPS Board.
5.2. Each IPS Board Director may appoint an alternate who shall have the right to exercise the authority of said
Director in his/her absence.
5.3. The City of Redding Chief Information Officer, the Chief Information Officer for the County of Shasta, and
the SHASCOM Director shall assist the IPS Directors in a consulting capacity, as needed.
5.4. The IPS Directors, or their designee, shall meet at least twice per calendar year.
5.5. At the first meeting of every fiscal year, the IPS Directors may appoint a chairperson. The chairmanship
shall rotate annually among the members of the IPS Directors.
5.6, The IPS Directors shall be responsible for reporting back to their respective agencies.
5.7. Representatives from Subscribing Agencies (Section 9) may be invited to attend the IPS Directors meetings.
Subscribing Agencies shall not be voting members.
5.8. Each Party to this agreement shall identify its management representatives who shall be responsible to
coordinate the tasks and responsibilities outlined in this MOU on a daily basis with all other Parties. Each
Party shall also provide the names and contact information of those management representatives to the IPS
Project Supervisor.
5.9. IPS staff assigned to IPS functions shall meet as requested with the management representatives to share
reports and information with each other and report directly to the IPS Directors on all matters.
5.10. The IPS Directors are authorized on behalf of their respective governing authority to execute the
Memorandum of Understanding with Subscribing Agencies (Exhibit A). The Memorandum of
Understanding with Subscribing Agencies may be updated by the IPS Directors as needed to reflect current
operational needs.
5.11. The IPS Directors are authorized on behalf of their respective governing authority to amend the IPS
organizational structure as it pertains to IPS Personnel (Exhibit B) to meet the needs of the IPS task force
within the limits afforded by their respective governing authority.
5.12. The IPS Directors are authorized on behalf of their respective governing authority to approve any contract
or agreement that directly relates to the operation of the system and falls within the scope of the approved
IPS budget and its related amendments. Any approval of said contracts or agreements must comply with
REDDING's purchasing procedures.
5.13. All decisions to be made by the IPS Directors shall require a vote of the majority.
6. OPERATIONAL ROLES AND RESPONSIBILITIES
6.1. The Parties agree that IPS will govern all aspects of the System, including but not limited to, Records
Management (RMS), Jail Management (JMS), Mobile Data, In -field Reporting, Computer Aided Dispatch
Systems (CAD), County -Wide Message Switch, hardware, and vendor interfaces. Any and all persons
authorized to access the System and any of the ancillary components shall do so through IPS approval and
supervision.
6.2. The Parties shall jointly be responsible for the payment of on-going systems costs as described in Section
11.
6.3. The Parties agree that they will retain a Project Team with a representative from each Party, in addition to
IPS team members, to fairly represent the interest of each Party, maintain communication and collaboration
of the following: System process improvement, System data changes, and management of user and/or
System software issues. A Project Team Manager will be assigned by the IPS Directors.
6.4. The Parties agree that their respective Agency will allocate, assign, and make available, personnel
resources to participate as individual members of a Project Team which shall be for the purpose of
informing each respective agency and other Project Team members in decisions related to the management
of the System data and processes.
6.5. IPS Project staff will maintain an inventory list of equipment, hardware, and software for which IPS is
responsible.
6.6. Responsibilities of all Parties include:
6.6.1. Parties shall provide user hardware required for its Agency's use of the System and specialized
installation for each Parties' personnel utilizing the System.
6.6.2. Parties shall be solely responsible for purchase of applications software and hardware unique to the
Parties users and/or any software outside of the System.
6.7. Responsibilities of the COUNTY include:
6.7.1. COUNTY shall assign full-time and part-time staff dedicated to support IPS operations as needed
during the regular business day. Such personnel, as assigned, may consist of Programmers/Analysts,
Support Technicians, Supervisors, or other position(s) identified as necessary to support ongoing IPS
operations, agreed upon by decision of the Directors, and documented in Exhibit B
6.8. Responsibilities of REDDING include:
6.8.1. REDDING shall act as the purchasing agent for shared items; computer hardware, software,
maintenance agreements, licenses, and operating system software as directed by the IPS Directors
see Section 8). All purchases will follow REDDING's policies and procedures.
6.8.2. REDDING shall, along with SHASCOM, at its cost, house the shared equipment in a physically and
electronically secure facility which meets the manufacturer's specifications. Costs associated with
equipment stored at other locations may be covered by the IPS fund (see Section 12).
6.8.3. REDDING shall, at its cost, provide operations personnel, as necessary, to monitor the IPS system to
assure reliability seven -days -per -week, 24 -hours -per -day, during the entire period of the agreement. C,
6.8.4. REDING shall assign full-time and part-time staffing dedicated to support IPS operations, as needed
during the regular business day. Such personnel as assigned may consist of Programmers/Analysts,
Support Technicians, or other position(s) identified as necessary to support ongoing IPS operations,
agreed upon by decision of the Directors, and documented in Exhibit B.
6.8.5. REDDING will administer the IPS fund pursuant to Section 12 and establish a separate interest
bearing IPS fund and shall provide a fiscal IPS review and accounting to the IPS Directors at each
IPS Board meeting.
6.9. Responsibilities of SHASCOM:
6.9. 1. SHASCOM shall, along with BEDDING, at its cost, house the shared equipment in a physically and
electronically secure facility which meets the manufacturer's specifications. Costs associated with
equipment stored at other locations may be covered by the IPS fund (see Section 12).
6.9.2. SHASCOM shall be responsible for any software and/or hardware unique to dispatch functionality
not outlined in the maintenance agreement for the System.
7. IPS PERSONNEL
In order to meet the needs of IPS the following personnel shall be funded by the IPS budget: (Exhibit B)
7.1. IPS Project Supervisor
7.2. IPS Information Technology Supervisor
7.3. IPS Support Staff
7.4. The IPS Directors will appoint the IPS Project Supervisor and IPS information Technology Supervisor,
with approval by the employing agency, and will be responsible for determining appropriate personnel to
fill the IPS Support Staff positions.
7.5. All personnel funded by the IPS project shall be subject to the control of and terms and conditions of
employment with their respective employers including, but not limited to, coverage by the respective
employers' policies of worker's compensation and all other employee benefits inclusive of health
insurance coverage and liability for retirement benefits.
7.6. Exhibit B shall be reviewed, upon vacancy of a support staff position, for future IPS support and staffing
needs. Exhibit B shall be amended as deemed necessary by the IPS Directors. Changes of support staff
roles shall be in accordance with the employing agencies approved job classifications.
8. AUTHORIZATION
8.1. REDDING's Chief Information Officer shall provide general overall strategic direction and planning for
IPS Projects and/or Personnel resources to accomplish IPS goals and objectives under the direction of the
IPS Directors.
8.2. The Parties to this MOU designate spending authority to the City of Redding Chief Information Officer or
designee for budgeted items. For any non -budgeted expenditures or revenues, a budget resolution must be
completed and forwarded to the IPS Directors for approval by majority vote. Technical purchases shall be
reviewed and approved by the IPS Information Technology Supervisor, IPS Project Supervisor, and City
of Redding Chief Information Officer prior to sending them to the IPS Directors.
8.3. The IPS Project Supervisor or IPS Information Technology Supervisor shall pre -approve, in writing, any
training for Project Personnel assigned to IPS. Any unusual circumstance such as out of state travel,
training for any extended length of time (defined as one workweek or longer), or for extraordinary costs
over per training incident must be pre -approved by the IPS Directors. If applicable, IPS staff must also
seek pre -approval in writing from their respective direct supervisors for time off.
8.4. The IPS Information Technology Supervisor and IPS Project Supervisor, collaboratively, are authorized
to plan, delegate, implement, and/or conduct project activities and apply IPS organizational resources as
0
needed to accomplish IPS goals and objectives. Supervision of County personnel assigned to IPS shall be
the responsibility of the IPS Project Supervisor, who shall be a COUNTY employee. Supervision of
REDDING personnel assigned to IPS shall be the responsibility of the IPS Information Technology
Supervisor, who shall be a REDDING employee.
9. SUBSCRIBING AGENCIES
9.1. Subscribing Agency is any agency or city or county department, not a Party to this MOU, requiring access
to the shared System information (in any form) that is recognized by the IPS Directors and which has
executed the Memorandum of Understanding, Exhibit A, attached hereto and incorporated herein.
9.2. Subscribing Agencies, who desire access to the System must accept and abide by each of the conditions
as set forth in the Memorandum of Understanding (see Exhibit A).
10. BUDGET
10.1. No later than the first quarter of each year, the operating budget for the upcoming fiscal year shall be
presented to the IPS Directors for review. It must be approved by a majority vote of the IPS Directors.
10.2. Notwithstanding the foregoing, the Parties shall not be obligated for any payments hereunder for any future
fiscal year unless or until respective governing boards appropriate funds for this MOU in respective
budgets for that fiscal year. In the event that funds are not appropriated for this MOU, then this MOU shall
terminate as of June 30, the last day of the fiscal year during which funding was appropriated. Each Party
shall notify the Parties in writing of such non -appropriation within two (2) business days of the governing
board's decision.
10.3. The Redding Chief of Police is authorized to make line -item adjustments to the approved budget if
necessary due to changes in personnel expenses as dictated by the governing authorities negotiated MOU's
with labor unions. Said action shall be disclosed to each agency's IPS Director in writing no later than 30
business days after a line -item change is made.
11. APPORTIONMENT OF COSTS
11.1. The Parties in the following proportions shall share the annual fiscal year payment of IPS operating costs
jointly:
11.1.1. COUNTY'S share of the annual on-going costs shall be equal to forty-five percent (45%).
11.1.2. REDDING's share of the annual on-going costs shall be equal to forty- five percent (45%).
11.1.3. ANDERSON'S share of the annual on-going costs shall be equal to ten percent (10%).
11.1.4. SHASCOM shall be billed a portion of the maintenance and hardware costs as approved in the annual
budget. SHASCOM will contribute funds, no less than $175,000 per year to the System maintenance
costs, subject to adjustment and increase approved by the IPS Board according to cost increases
incurred for the System and ancillary components, not to exceed 10% of the current SHASCOM
contributions.
11.2. The Parties apportioned shares shall be adjusted to compensate each Party according to their annual and
actual budgeted personnel costs.
11.3. The individual agencies shall be responsible for budgeting their portion of the IPS expense in their
respective agencies' budgets as approved by their governing boards.
12. IPS FUND
12.1. A separate IPS interest-bearing fund shall be maintained by REDDING to manage approved funding,
revenues, and expenditures. Interest generated by the IPS Fund shall remain in the IPS Fund.
12.2. Monies to be placed in the IPS Fund shall be collected from the Parties to this agreement once a year
beginning with the start of the fiscal year.
13. USER FEES
13.1. The IPS Directors may collect a cost recovery user fee and/or project cost from the Subscribing Agencies.
13.2. User fees imposed on Subscribing Agencies shall include administrative costs as well as a negotiated
percentage of operational costs and shall not exceed the actual expenses as approved in the budget.
13.3. User fees shall be presented to the IPS Directors at the annual budget meeting and require a majority vote
for approval.
13.4. Shasta Area Safety Communications Agency (SHASCOM) and Shasta Interagency Narcotics Task Force
SINTF) are exempt from the per -user fee requirement depicted in Section 13.
14. IPS FUND EXPENDITURES
In order to facilitate the performance of this MOU, the Parties delegate to their respective IPS Director,
the authority to approve necessary expenditures to carry out the purpose of this MOU, including, but not
limited to, the purchase, lease or other acquisition of hardware, software, services, and/or materials. The
IPS Fund shall be used exclusively for the following:
14.1. Maintenance of shared computer hardware or operating system software as listed on the IPS inventory list.
14.2. Major upgrades to maintain computer hardware or operating system software as listed on the IPS inventory
list.
14.3. Maintenance and/or upgrades of shared applications software.
14.4. IPS personnel and administrative costs.
14.5. Shared computer operations costs.
14.6. Enhancements or additions to IPS projects as approved by the Parties to this MOU.
14.7. Purchases as agreed upon by the Parties to this Agreement.
14.8. IPS training costs.
15. OPT- OUT PROVISIONS
15.1. If a Party chooses to opt -out of IPS, including any and all future expenses, such as software upgrades,
hardware upgrades, maintenance, and licensing costs, for any reason or if funding for an LEA's IPS annual
contribution ceases, or is materially decreased requiring opt -out, they shall, without delay, provide
0
notification to the IPS Board. Future use of the System will be subject to the provisions of Section 15.3.
15.2. All costs associated with a Party opting out, such as data extraction, shall be the responsibility of the
leaving Party. The ownership of all hardware, software, and services as identified by IPS are governed by
all remaining Parties to the IPS MOU, and as such, shall remain with IPS, to be utilized by all continuing
members. The license for the RMS operating system to be utilized by the remaining IPS members, with
the written consent of Motorola Solutions, Inc., shall be held in the name of the largest of the IPS entities,
unless otherwise agreed by all IPS members in writing.
15.3. A Party may opt -out of all future maintenance expense utilizing provisions contained in Section 15.1,
however, it will require the Party exercising the opt -out to cease utilization of the System as a primary
user. Future use of the System would be subject to Section 9 and Section 13 for Subscribing Users and
require a separate subscriber agreement for any necessary access to System functions such as California
Law Enforcement Telecommunications System (CLETS).
15.4. If a Party opts out under Section 15. 1, and acquires separate software from Motorola Solutions, Inc. similar
to the SYSTEM implemented for IPS, the Party choosing to opt -out shall be responsible for all costs
associated with the opt -out, such as new license fees, data conversion, data separation, and interface
charges necessary to configure software to emulate the System as configured for IPS. To the extent
necessary, that Party will also be required to supply separate hardware at their expense to support the
System, including a DOJ line to run CLETS transactions.
15.5. If a Party opts -out, upon notification, the remaining Parties to the IPS MOU shall confer and draft a new
IPS MOU for the remaining Parties to be executed within thirty (30) days.
15.6. The Parties waive any and all legal recourse for recovery of contributions beyond those provided herein.
16. DISPOSITION OF IPS FUNDS AND PROPERTY
If all Parties terminate this MOU, the participants will begin discussion on the value and distribution of all
IPS assets. Upon termination of the agreement, REDDfNG will be responsible for the disbursement of the
IPS Fund, and all project related assets as directed by a majority vote of the IPS Directors. The following
are approved activities to be funded by IPS. Should the agreement be terminated, the IPS Fund will be
disposed of as follows:
16.1. To pay any outstanding costs incurred by IPS as approved by representatives of the governing bodies of
each Party. To pay any costs of returning hardware and software to original contributing agencies.
16.2. To pay any administrative costs incurred in addition to costs agreed to, and incurred prior to termination,
as delineated in Section 15 and approved by representatives of each governing body.
16.3. To divide all remaining assets and monies between the Parties, on a pro rata basis based on the
apportionment of costs as delineated in Section 11,
17. TERM, TERMINATION
17.1. The TERM of this MOU will be for a period of five (5) years from the date of the final signature. It may
be terminated at an earlier date upon written agreement signed by all Parties.
17.2. Except as provided in Sections 10.2 and 16, if a Party chooses to terminate its participation in the MOU,
that Party must give one year advance written notice of termination of withdrawal to the remaining Parties,
7
subject to the requirement that the Party electing to withdraw shall not be allowed to remove its prior
contributions to the IPS made pursuant to Section 11. Any such termination shall also be subject to the
Opt -Out provisions in Section 15.
18. DISPUTE RESOLUTION
18.1. Should any dispute or disagreement arise during the term of this MOU, the Parties authorize the IPS Board
to negotiate in good faith and compromise to resolve the issue. The IPS Board shall seek relevant input
regarding the disputed matter from supporting staff and agencies such as IPS line -staff, Parties'
Information Technology staff, Parties' administrative staff, and Parties' legal staff.
18.2. Legal action through the courts shall be the final recourse of the Parties having exhausted all other means
to resolve disputes or disagreements arising from or relating to this MOU. Any party may file its
complaint/legal action without first engaging in the dispute resolution procedures set forth in Section 18, 1,
when done to prevent a lapse in the relevant limitations period(s). Any such litigation shall be brought and
completed through settlement, dismissal, or judgment in the Superior Court for the County of Shasta.
19. INDEMNIFICATION
The parties shall defend, indemnify, and hold each other, their respective officials, officers, employees,
agents, and volunteers harmless from and against any and all liability, loss, injuries, expense (including
reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this
agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or
claims for injury or damages are caused by or result from the negligent or intentional acts or omissions
of the respective party, its officials, officers, employees, agents, or volunteers.
20. NO THIRD -PARTY BENEFICIARIES
This Agreement shall not be construed as or deemed to be an agreement for the benefit of any third party,
Parties not named in this Agreement, or Subscribing Agencies to this Agreement, and no third party,
Subscribing Agency, or other Party shall have any right of action hereunder for any cause whatsoever. Any
services performed or expenditures made in connection with furnishing mutual aid under this agreement by
any of the Parties hereto shall be deemed conclusively to be for the direct protection and benefit of the
public.
21. AMENDMENTS/AGREEMENT
This Agreement may only be modified by a written amendment signed by all of the Parties hereto. This
Agreement supersedes all prior Agreements between the Parties on the subject matter herein.
Any notices required by this MOU should be in writing, signed by a duly authorized official, employee, or
representative of that party, and mailed to each of the other Parties' certified mail, postage prepaid as follows:
If to BEDDING:
Police Chief
Redding Police Department
777 Cypress Avenue
Redding, CA 96001
And to: City Manager
City of Redding
City Hall
777 Cypress Avenue
Redding, CA 96001
If to COUNTY:
Sheriff
Shasta County Sheriffs Office
300 Park Marina Circle
Redding, CA 96001
And to: County Executive Officer
County of Shasta
1450 Court Street, Suite 308A
Redding, CA 96001-1673
If to ANDERSON:
Police Chief
Anderson Police Department
1040 Main Street
Anderson, CA 96007
And to: City Manager
City of Anderson
City Hall
1887 Howard Street
Anderson, CA 96007
If to SHASCOM:
SHASCOM Director
SHASCOM-911
3 101 South Street
Redding, CA 96001
SIGNATURE PAGES FOLLOW]
IN WITNESS WHEREOF,the Parties to this MOU through their duly authorized representatives have executed this
MOU on the days and dates set out below and certify that they have read, understood, and agreed to the terms and
conditions of this MOU as set forth herein.
ATTEST: CITY OF REDDING
By: AO -'u I® O 1 By: rt .A1‘..11;47. 1
Pam`Mize,City Clerk t Kristen Schreder,Mayo'r—
Date: °e1 ` 90.D?/ Date:7-74-2—
APPROVED AS TO FORM:
Barry DeWalt
City Attorney
By: j Date: 9—;
04769
Barry E.DeWalt, City Attorney
ATTEST- 1 CITY OF ANDERSON
i r.
Christy White,Ddputy City jrk Baron Browning,Mayor
ODate: l lJ f L Date: l l
Dc')_
APPROVED AS TO FORM:
Collin Bogener
City Attorney
By: l Date: %/r I z-3 2 °Z.
Collin Bogener,City Attorney
CONTINUED ON NEXT PAGE]
10
ATTEST: COUNTY OF SHASTA
Clerk of the Beard of Supervisors Shasta County Board of Supervisors
By: /,. By: (_ -;_.
Pat Minturn,Act'- ounty Executive Officer Les Baugh,Chair
Date: 9':>`
Date: CI (3 2Z
APPROVED AS TO FORM:
County Coun 1 Risk Management
5- /By: By: //)K144;1-, #7/ P/712-7--
Rubin
7/ P/71v7--
Rubin E. Cruse,Jr. County Counsel James John on,Risk anagemeth Analyst III
Date: 77b'"/'.:- Date: 07/7-4/33-d 7-y
fr Oro 44/ l0/ r,%vv es Y-.,) 1:-1),-,....' 7/,4V2.)._
SHASTA AREA SAFETY COMMUNICATIONS AGENCY
By: Date: 43,002
Chris Smyrnos, SHASCOM Director
S"®" Form pproved
L
Barry E. a- .'da.
11 1 City Attorney
Exhibit A
MEMORANDUM OF UNDERSTANDING
Subscribing Agency Agreement
This Memorandum of Understanding (MOU) is made and entered into this day of _,
by and between the Redding Police Department, the Anderson Police Department, and the Shasta
County Sheriffs Office, collectively known as "IPS" (Integrated Public Safety) and
hereinafter referred to as Subscribing Agency. IPS and Subscribing Agency
are herein after referred to as the Parties to this MOU. IPS maintains a centralized computer data system relevant to
the needs of law and justice agencies in the Shasta County region hereinafter referred to as the IPSS (Integrated
Public Safety Systems). The IPS Directors consist of the Redding and Anderson Police Chiefs and the Shasta County
Sheriff. Subscribing Agency wishes to access the IPSS.
PURPOSE
The purpose of this MOU is to establish the terms, conditions, and responsibilities of IPS and
Subscribing Agency, thereby authorizing Subscribing Agency to access the IPSS, and if
applicable, access the California Law Enforcement Telecommunications System (CLETS), and
the National Crime Information Center (NCIC). Additionally, this MOU shall define
responsibility for control of information accessed through the IPSS.
2. SHARED INFORMATION
Not all information maintained within IPSS shall be available to all employees of the Parties.
Sensitive information contained within IPSS shall be restricted on a "need to know" basis as
determined by the originating agency, to perform assigned duties. C)
Subscribing Agencies do not have the authority to disseminate shared data stored in IPSS. Data
obtained from IPSS shall only be disseminated by the Agency of Record. All information requests,
including but not limited to; total calls for service, case information, copies of records, jail activity,
etc. shall be sent directly from the requesting party to the Agency of Record. The Agency of Record
is the agency that created the relevant data through its normal business practices and procedures.
No Subscribing Agency shall give out information for another Subscribing Agency without the
written consent from that Agency. This includes Public Records Requests or involved and/or
associated cases unless otherwise required by law.
Abuse of access of information within the IPSS could result in termination of user access and/or
subscribing agency access to IPSS and will be reviewed and decided by a majority vote of the IPS
Directors.
MANAGEMENT CONTROLS
Subscribing Agency shall assume responsibility of its employees who are granted access to the
IPSS. Each Subscribing Agency shall maintain physical and operational control of any equipment
and/or software used to gain access to the IPSS.
Each Subscribing Agency shall ensure that all employees of Subscribing Agency who are granted
access to the IPSS continue to meet the requirements of Penal Code sections 11105 and 13300,
which identify persons allowed to access criminal history information and the purposes for said
access.
Each Subscribing Agency shall maintain information and/or access security such that it is
compliant with all security controls required by the most recent version of the Criminal Justice
Page 1
Information Services (CJIS) Security Policy and the CLETS Policies, Practices, and Procedures
PP&P).
4. SECURITY CLEARANCE
Subscribing Agency agrees to maintain accurate records of those employees who have been
granted access to the IPSS. Those records shall include a copy of the Security Clearance notice
signed by each employee who is granted access to the IPSS.
Within six months of employment or assignment of any staff accessing the IPSS, the Subscribing
Agency shall have staff pass a proficiency test for CLETS/NCIC policies and Regulations by
completing the required training and the appropriate CLETS/NCIC Telecommunications
Proficiency Examination published by the CA Department of Justice (DOJ). Proficiency retesting
shall be required biannually thereafter as required by CLETS PP&P. Copies of Signed agreements
and/or proficiency tests shall be made available for inspection and review by IPS within three
business days of a written request to Subscribing Agency,
RESPONSIBILITIES
Subscribing Agency is responsible for their own computer hardware and related peripheral
accessories and is responsible for ensuring their hardware meets IPS requirements for access to
the IPSS. Subscribing Agency is responsible for maintaining their own network infrastructure and
for ensuring their network can communicate with the IPSS network for system access.
IPS is responsible for providing customer and technical support for the IPSS software applications
and databases that are being accessed by Subscribing Agency. C
6. SYSTEM ADMINISTRATION
Subscribing Agency authorizing an employee to gain access to the IPSS shall submit a written and
signed request from its respective Agency Head or designee. Submission of such a request shall
not occur until the employee has executed the Security Clearance notice. Once an employee has
been provided access to the IPSS, the Subscribing Agency shall be responsible for enforcing the
rules and regulations governing the use of information obtained through the IPSS. Should an
employee's status change, either through re -assignment or termination, it shall be the Subscribing
Agency's responsibility to immediately notify IPSS in writing to prevent the employee from having
further access to the IPSS.
7. COMPENSATION SCHEDULE
Each year IPS shall establish a fee schedule (User Fees) for the access, support, and security of the
IPSS.
The User Fees will be divided into three tiers of access:
Tier I — CLETS/NCIC Only Access
Access to CLETS/NCIC via the IPS provided interface. No access to Computer Aided Dispatch
CAD), mobile CAD, Records Management System (RMS), or jail data.
Tier 2 - Read Only Access
Access to CLETS/NCIC via the IPS provided interface. Read-only access to CAD, mobile CAD,
Page 2
RMS, and jail data for research and operational purposes as needed based on the job functions
of the subscribing agency.
Tier 3 — Full Access
Access to CLETS/NCIC via the IPS provided interface. Full read and write access to the CAD,
mobile CAD, RMS, and jail modules as needed based on the job functions of the subscribing
agency.
IPS shall prepare and submit to each Subscribing Agency the Board approved User Fees prior to
the start of the fiscal year. In accordance with the established fee schedule, invoicing shall be done
bi-annually, based upon actual number of users the Subscribing Agency had accessing the IPSS
each month. The total users for each Subscribing Agency will be audited monthly by IPS to be
used for billing purposes. The Subscribing Agency can request a copy of that audit at any given
time, by submitting a request in writing to IPS. No amendment to this MOU is necessary to update
the annual fee schedule,
The Subscribing Agency shall remit to IPS, upon receipt of invoice, applicable fees according to
the approved annual fee schedule. The establishment and implementation of a cost -recovery fee
schedule does not imply all costs incurred by IPS, on the behalf of Subscribing Agency, are
included in the current Fee Schedule calculation, All invoices are payable within 30 days of receipt.
The fee schedule shall establish a 'per -user' fee based on level of access requested and specific
and identifiable costs incurred by IPS in order to provide and maintain access and security for the
system. System Users are defined as individual employees of the Parties who have been granted
access to the IPSS. Identified costs, which directly benefit all System Users shall be divided by
the total number of System Users to determine the 'per -user' fee. The fee schedule may include a
one-time network connection and setup fee for access to IPS and may include an annual fee to
maintain ongoing connectivity to the system. The fee schedule may include hourly rate(s) for any
non-standard support services contracted with IPS and performed for the sole benefit of the
Subscribing Agency by IPS personnel.
Requests from a Subscribing Agency for programming and/or other non-standard support is
subject to a review process and final approval by the IPS Directors.
IPS shall bill Subscribing Agency for network connection, programming and/or non-standard
support services within 30 days of connection or service. Subscribing Agency shall remit payment
upon receipt of the invoice, not to exceed 30 days.
Shasta Area Safety Communications Agency (SHASCOM), and Shasta Interagency Narcotics Task
Force (SINTF) are exempt from the 'per -user' fee requirement.
VIOLATION OF MOU
In the event a Subscribing Agency fails to exercise Management Controls as outlined in Section 3
or Security Clearance as outlined in Section 4, IPS may deny the Subscribing Agency further
access to the IPSS. In the event Subscribing Agency fails to remit the invoiced amount to IPS, C,
IPS may deny the Subscribing Agency further access to the IPSS. This action shall occur only after
a meeting of the IPS Directors, and the Subscribing Agency has been conducted and a majority
vote by the IPS Directors affirming termination of the Subscribing Agency access.
9. TERM OF MOU
Page 3
This Memorandum of Understanding shall become effective as of the date of the last signatory and
shall remain in full force and effect until it is terminated by written notice. In the event an
individual Subscribing Agency no longer desires access to the IPSS, that Subscribing Agency shall
provide a written notice to IPS. Upon such notice, employees of the withdrawing agency will no
longer be allowed access to the IPSS three (3) business days after written notice is received by the
IPS Project Supervisor and the withdrawing agency shall cease to be a part of the IPSS.
In the event the Subscribing Agency signatory authority and/or the IPS Board of Directors
signatory Authority changes during the term of this agreement, this MOU shall remain active, and
all authority and agreement shall be inherited by the successor.
10. INDEMNIFICATION
It is agreed that each of the Parties shall, for its sole negligence, or sole willful conduct, mutually
save and hold each of the other parties and each of the other parties' appointed and elected officials,
its agents, representatives, volunteers, and employees harmless from all costs, expenses, losses,
and damages, including death or damages to property caused by any act or neglect of such party,
its agents, representatives, volunteers, officials, or employees in the performance of this
agreement.
SIGNATURE PAGE FOLLOWS]
Page 4
Subscribing Agency:
Tier I Number of Users:
Tier 2 Number of Users:
Tier 3 Number of Users:
Effective Date:
Signatory), (Title)
IPS BOARD OF DIRECTORS:
Chief of Police
Redding Police Department
Chief of Police
Anderson Police Department
Sheriff -Coroner
Shasta County Sheriffs Office
Date
Date
Date
Date
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