ATTACHMENT A
DRAFT AGREEMENT
MEMORANDUM OF UNDERSTANDING
BETWEEN THE RIVERSIDE COUNTY SHERIFF’S OFFICE AND
PALM SPRINGS POLICE DEPARTMENT
FOR SUBPOENA PROCESSING VIA THE COURTNOTIFY SYSTEM
This Memorandum of Understanding (“MOU”) between the COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of its RIVERSIDE COUNTY SHERIFF’S OFFICE, hereinafter “RSO”, and the CITY OF PALM SPRINGS, a California municipal corporation, through the PALM SPRINGS POLICE DEPARTMENT, hereinafter “PSPD,” is solely for the purpose of establishing and sharing subpoena information in the CourtNotify System. The purpose of this MOU is to set forth the policy and procedures for use of the CourtNotify System (“System” or “CourtNotify”) by the participating agencies, including the maintenance of the web service program which provides data directly to the System. RSO and PSPD are individually referred to herein as a “Party” and collectively referred to herein as the “Parties”.
1. TERM
The term of this MOU shall become effective upon the date when the duly authorized representative(s) of each Party have all signed and extends through June 30, 2036, unless otherwise terminated by either Party providing thirty (30) days advance written notification thereof. This MOU may be modified upon the mutual written consent of the duly authorized representatives of all Parties.
2. NOTICES
2.1 Each Party shall designate an individual as the Party’s point of contact (“POC”) for representing that Party in regards to the MOU. A Party may change its POC at any time upon written notification to each participating Party.
2.2 All notices, claims, correspondence, and/or statements authorized or required by this MOU shall be addressed as follows:
RSO: Riverside County Sheriff-Coroner
4095 Lemon Street
Riverside, CA 92501
Police Department: Palm Springs Police Department
200 South Civic Drive
Palm Springs, CA 92262
Lt. Michael Torres
3. SCOPE OF SERVICE
3.1 RSO will host the service that will provide real time subpoena issuance, cancellation, and acknowledgement status to PSPD personnel via the CourtNotify System.
3.2 CourtNotify is a browser based, commercial software program that handles the issuance and cancellation of subpoenas to law enforcement personnel via email and text message (optional). If subpoenas are not acknowledged by employees prior to the scheduled court date, the subpoena is escalated to their supervisor so that they can be made aware of the upcoming court date.
3.3 Each Party is to maintain ownership of any data entered into the System.
Information in the System may not be used for any unauthorized or non-official purpose and shall not be disseminated outside of an accessing Party without first obtaining express permission of each Party that contributed the information in question.
3.4 In the event that an unauthorized release of information from CourtNotify has occurred, RSO will be designated as the lead agency responsible to investigate how the unauthorized release occurred. PSPD agrees to reasonably assist and cooperate with any such investigation or inquiry as is appropriate and shall indemnify RSO for any unauthorized release of information, but only to the extent such unauthorized release is caused by the acts or omissions of PSPD or its officers, employees, agents, contractors, or representatives, as set forth in Section 8 below. PSPD shall have no obligation to indemnify RSO for any unauthorized release caused by RSO or by any third party not under PSPD’s control.
4. PSPD’s RESPONSIBILITIES
4.1 PSPD is responsible for maintaining their own agency information within the System.
4.2 PSPD will acknowledge a call from RSO reporting that no subpoenas were received via the web service on the agreed upon schedule and will reasonably start trouble-shooting the problem within 24 hours of RSO’s call.
4.3 PSPD personnel will have access to CourtNotify via individual user accounts to check subpoena information and acknowledgement status for any case via any Internet connection.
4.4 RSO will provide a direct link to CourtNotify which can be posted on PSPD’s webpage if desired.
4.5 PSPD will provide user level training and technical support for the program (Level 1). PSPD employees will not be referred to RSO support personnel or phone numbers for assistance under any circumstances. All reports of problems shall be reviewed by designated PSPD staff to ensure they are not user problems prior to them being reported to RSO staff for research.
5. RSO’S RESPONSIBILITIES
5.1 RSO will be responsible for ensuring the continued service of CourtNotify including the hardware, operating and application software, and Internet connectivity.
5.2 RSO will provide support and maintenance as described in Schedule A, attached hereto and incorporated herein.
5.3 RSO will facilitate the access of the CourtNotify database for the purposes of data extraction by PSPD. Database access will be limited to Read Only. Should data need to be deleted from the database, PSPD will develop the necessary query to delete the data then email it to [email protected] so that it can be run.
5.4 RSO will be responsible for providing training documentation to PSPD personnel who will then serve as trainers to PSPD staff.
6. SECURITY
6.1 Each Party will be responsible for designating those employees who have access to CourtNotify and for the administration of user IDs and passwords allowing that access. The System has been developed with the capability to record each use of the System, including the identity of the individual accessing the System, the time of the access to the System, and the information queried.
It should be remembered by each participating member that access to the information within the System should be on a strictly official and need-to-know basis.
6.2 Each Party agrees to use the same degree of care in protecting information accessed under this MOU as it exercises with respect to its own employee information.
7. COSTS
The Parties acknowledge and agree that there is no agreement by the Parties to provide any direct financial support under this MOU, including but not limited to payment, reimbursement, or obligation of funds. Any such financial commitment shall be stated in a separate written agreement subject to written approval by the Parties.
8. INDEMNIFICATION
8.1 PSPD shall indemnify and hold RSO, County of Riverside, Board of Supervisors, its elected officials, agents and/or employees free and harmless from and against all third party claims, loss, injury, damage, liability, or expense (including without limitation, reasonable attorneys’ fees), to any person, entity or property, resulting from the negligence or willful misconduct of PSPD, City, its City Council, agents and/or employees, in the execution or implementation of this MOU.
8.2 RSO shall indemnify and hold PSPD, City, its City Council, agents and/or employees free and harmless from and against all third party claims, loss, injury, damage, liability, or expense (including without limitation, reasonable attorneys’ fees), to any person, entity or property, resulting from the negligence or willful misconduct of RSO, County of Riverside, Board of Supervisors, its elected officials, its agents and/or employees, in the execution or implementation of this MOU.
8.3 The Parties shall promptly notify each other of any claims or demands which arise and for which indemnification is sought. The terms of this Section shall survive the termination of this MOU.
9. GENERAL TERMS
It is further mutually agreed by the Parties as follows:
9.1. Alternative Dispute Resolution
The Parties agree that before either Party commences any legal or equitable action, action for declaratory relief, suit, or proceeding, the Parties shall first submit the dispute to non-binding mediation through a mutually acceptable professional mediator in Riverside County. Each party shall bear its own expenses and costs associated with the mediation. The cost of mediator shall be shared equally by the Parties.
9.2 Termination
Either Party may terminate this MOU for any reason by giving written notice to the designated representative of the other party thirty (30) days prior to the expiration of this MOU. Except as otherwise provided herein, upon termination of this MOU, neither Party shall have any obligation to other.
9.3 Legal Authority
Nothing in this MOU binds RSO or PSPD to perform any action that is beyond its legal authority.
9.4 Conflict of Interest
No member, official or employee of PSPD or RSO, shall have any personal interest, direct or indirect, in this MOU nor shall any such member, official or employee participate in any decision relating to this MOU which affects his or her personal interest or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested.
9.5 Interpretation, Governing Law, Severability and Venue This MOU and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This MOU shall be construed as a whole according to its fair language and common meaning MOU achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this MOU, all Parties having been represented by counsel in the negotiation and preparation hereof.
Any legal action related to the performance or interpretation of this MOU shall be filed only in the Superior Court of the State of California located in Riverside, California, and the Parties waive any provision of law providing for a change of venue to another location.
9.6 No Third-Party Beneficiaries
This MOU is made and entered into for the sole protection and benefit of the Parties hereto and shall not create any rights in any third Parties. No other person or entity shall have any right of action based upon the provisions of this MOU.
9.7 Section Headings
The Section headings herein are for the convenience of the Parties only and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions or language of this MOU.
9.8 Compliance with Laws and Regulations
By executing this MOU, the Parties agree to comply with all applicable federal, state and local laws, regulations and ordinances.
9.8 Waiver
Failure by a Party to insist upon the strict performance of any of the provisions of this MOU by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party’s right to insist and demand strict compliance by the other Party with the terms of this MOU thereafter.
9.10 Severability
Each paragraph and provision of this MOU is severable from each provision, and in the event any provision in this MOU is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
9.11 Authority to Execute
The persons executing this MOU or exhibits attached hereto on behalf of the Parties to this MOU hereby warrant and represent that they have the authority to execute this MOU and warrant and represent that they have the authority to bind the respective Parties to this MOU to the performance of its obligations hereunder.
9.12 Amendments and Modifications
It is agreed that the rights, interests, understandings, agreements and obligations of the respective Parties pertaining to the subject matter of this MOU may not be amended, modified or supplemented in any respect except by a subsequent written instrument evidencing the express written consent of each of the Parties hereto and duly executed by the Parties.
9.13 Assignment
PSPD shall not delegate or assign any interest in this MOU, and shall not transfer any interest in the same, whether by operation of law or otherwise, without the prior written consent of RSO, which shall not be unreasonably withheld.
9.14 Entire MOU
This MOU is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. Any amendments to or clarification of this MOU shall be in writing and acknowledged by all Parties to the MOU.
9.15 Electronic Signatures
This MOU may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. The Parties 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). The Parties further agree that the electronic signatures of the Parties included in this MOU 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 CUETA as amended from time to time. 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.
[Signature Page to Follow]
IN WITNESS WHEREOF, the Parties have caused their duly authorized representatives to execute this MOU as of the dates set forth below.
Palm Springs Police Department
Date: ___________________By: _________________________
Michael Torres, Lieutenant
Approved as to Form:
City Attorney
By:
(City Attorney)
Date: RIVERSIDE COUNTY SHERIFF’S OFFICE
By: ___________________________
K. Reichle, Chief
Approved as to Form:
Minh C. Tran
County Counsel
Amrit P. Dhillon
Deputy County Counsel
By:
Schedule “A”
Support and Maintenance Services are as follows:
Support Email: [email protected]
Support Phone: 951-955-2038
Regular Hours of Service (Pacific Time)
0800 to 1700 hours Monday through Friday
After Hours Service (Pacific Time)
1700 to 0800 hours Monday through Friday.
All day Saturday and Sunday.
All day on observable holidays.
Incident/Request for Service Priority
All support and maintenance incidents and/or requests for service will be prioritized on the following basis:
Priority Definition
A Work is stopped to the point that critical business activities cannot continue (ie. loss of major features, file system corruption, data loss, security issues, system outage).
B Issue or feature prevents normal operations.
C Non-critical features for which a reasonable work around exists. The following table outlines the response times for each priority:
Priority Response Time During
Regular Business Hours
Response time During After
Hours of Service
A 2 hrs. 6 hrs.
B Within 24 hrs. Next Business Day
C Within 48 hrs. Next Business Day
Scheduled Maintenance
Maintenance which is expected to cause unavailability of CourtNotify services for longer than 30 minutes for PSPD should be scheduled upon 72 hours advance notice by RSO.
CourtNotify runs on Microsoft Windows Servers (web server and database server) so as a result monthly security and other patches may be required. These patches will be installed during nighttime or weekend hours generally in the early morning or late evening when usage is lowest.
Due to the frequent nature of these patches and the previously listed time periods of installation, no advance notice will be given prior to having the servers patched.
PSPD acknowledges that CourtNotify is a commercially acquired software product and not the creation of RSO. As such, any problems reported by PSPD potentially will impact RSO as well and will ultimately be the responsibility of Orion Communications Inc. to resolve as per the terms of the service agreement between those two Parties.