RES NO 04-04-2012 CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 4 2012
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION AMENDING RESOLUTION NO. 6 -4 -2010
AUTHORIZING THE MAYOR TO ENTER INTO A
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF VAN BUREN, ARKANSAS AND THE CITY OF
FORT SMITH, ARKANSAS FOR USE AND ACCESS TO
THE MOBILE DATA COMPUTER SYSTEM.
WHEREAS, the Fort Smith Police Department and Van Buren Police Department entered into
A Memorandum of Understanding "agreement concerning use of Mobile Data
Computers connected to the Fort Smith Police Mobile Data network in June 2010;
and
WHEREAS, both parties wish to amend the agreement, a copy of which is attached hereto as
Exhibit "A."
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN, ARKANSAS, THAT:
SECTION 1: The City Council for the City of Van Buren hereby authorizes the Mayor to enter
into and execute the amended Memorandum of Understanding between the City
of Fort Smith, Arkansas and the City of Van Buren, Arkansas.
SECTION 2: The Mayor and City Clerk are further authorized to expend and make all
payments provided for by the adoption of the Agreement and to execute all
documents necessary to effectuate and enforce said Agreement.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of (a for and 0 against, the foregoing Resolution at its
meeting held on the 16 day of April 2012.
4L 1k
Robert D. Fr
:Mayor
ATTESTED: APPROVED AS TO FORM:
yU
Barbie Curtis Candice A. Settle
City Clerk/Treasurer City Attorney
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF FORT SMITH, ARKANSAS AND
THE CITY OF VAN BUREN, POLICE DEPARTMENT
This agreement is made and entered into this day of 2012, by and between the
Van Buren Police Department, acting by and through its governing body, the City Council,
hereinafter referred to as Van Buren PD, and the City of Fort Smith, acting by and through its
governing body, the Board of Directors, hereinafter referred to as CITY, Sebastian County and
Crawford County, State of Arkansas, witnesseth:
WHEREAS, the purpose of this Agreement is to define responsibilities of the Fort Smith
Police Department, the Hosting Agency, Van Buren Police Department, the Van Buren PD,
concerning use of Mobile Data Computers (MDC) connected to the Fort Smith Police Mobile
Data network; and
WHEREAS, the Van Buren PD has entered into all necessary supporting contracts and
or Agreements to effectuate this agreement and will cooperate with any future requirements; and
WHEREAS, the Van Buren PD understands that entering into this agreement will result
in certain recurring annual replacement costs and maintenance fees in support of the Mobile Data
systems and network infrastructure and that those costs and fees shall be borne entirely by the
Van Buren PD;
NOW, THEREFORE, the CITY and VAN BUREN PD agree as follows:
Section 1
Administration
1. The Hosting Agency will administer and maintain all MDC and network
infrastructure used on the Hosting Agency Mobile Data Network;
2. The Hosting Agency Network Manager and staff will administer all MDC equipment
and installation of software for the Van Buren PD;
3. All software installation and configuration activities for MDC equipment connected
to the Hosting Agency Network Infrastructure will be performed under the direction
of the Hosting Agency Network Manager and staff, except as specified below in
Section 4 paragraph 1;
4. The Hosting Agency Mobile Data Network Manager will administer all MDC user
security accounts for the Van Buren PD;
5. Van Buren PD enforcement personnel using the Hosting Agency Mobile Data
Network will abide by all applicable Hosting Agency policies and IT Security
Policies, including but not limited to, the Acceptable Use Policy of IT Resources;
6. The Van Buren PD will ensure that only authorized Law Enforcement personnel
operate MDCs connected to the Hosting Agency Mobile Data Infrastructure;
7. The Van Buren PD will notify the Hosting Agency Network Manager within 24 hours
of a status change concerning the eligibility of any Van Buren PD Law Enforcement
personnel to operate a Van Buren PD MDC by reason of separation, suspension, or
other status change under this agreement. The Hosting Agency Network Manager
will immediately disable the member's MDC security account;
8. Either the I -lost Agency or the Van Buren PD can suspend connectivity pending
resolution of any issue that may impact the confidentiality, integrity or availability of
their respective systems;
9. In the event the Van Buren PD MDC equipment requires service, the Van Buren PD
will contact and transport the equipment to the Hosting Agency Network Manager;
10. The Hosting Agency Network Manager will notify a member designated by the Van
Buren PD of any planned or discovered un- planned interruption of the Mobile Data
services.
Section 2
Arkansas Crime Information Center (ACIC)
1. The Van Buren PD will ensure that only Law Enforcement personnel or staff
members currently certified by the Arkansas State Police or ACIC/NCIC access
operate MDCs connected to the Hosting Agency Mobile Data Infrastructure;
2. Violation of ACIC/NCIC policies will result in immediate suspension of connectivity.
Section 3
Audits
L At regular intervals, the Hosting Agency will conduct audits of mobile data message
traffic to ensure member compliance with established use policies. Mobile Data
message traffic from Van Buren PD Law Enforcement personnel or staff members is
subject to review during these audits;
2. If a Van Buren PD member is identified as having violated established Hosting
Agency use policies, the Host Agency Chief of Police, or his/her designee, will
contact the Van Buren PD Chief of Police or his/her designee and make notification
of the violation;
3. The Hosting Agency Chief of Police will provide the Van Buren PD Chief of Police
or a designated member, upon request, audits of Van Buren PD Law Enforcement
personnel mobile message traffic, and any other security logs available.
Section 4
Technology Upgrade
1. To maintain the operational efficiency of the Hosting Agency Mobile Data Network,
the I- Iosting Agency Network Manager regularly updates server hardware and
software on MDC equipment and network systems. The Van Buren PD agrees to
access and install these hardware and software updates and to transport MDC
equipment to the Hosting Agency Mobile Data Coordinator for update installation, in
instances when updates cannot be efficiently transmitted to MDC equipment
wirelessly;
2. To maintain the operational efficiency of the Hosting Agency Mobile Data Network,
the Hosting Agency has established a five -year hardware refresh schedule for MDC
equipment which includes Mobile Data servers, software, and supporting network
equipment. The Van Buren PD agrees to provide to the Hosting Agency the
installation date for all County MDC equipment. The Hosting Agency Network
Manager will notify a member designated by the Van Buren PD, at least ninety days
in advance, that the Van Buren PD equipment is approaching the obsolescence date.
No connectivity will be permitted for MDC equipment beyond the equipment
obsolescence date. The Van Buren PD will be responsible for acquiring and funding
replacement MDC equipment, servers, software and network equipment, specified by
the Hosting Agency Network Manager.
Section 5
Regional Mobile Data Federal Grants
1. By accepting Regional Mobile Data equipment procured by Fort Smith Police
department using Federal Grants the recipient agrees to and understands:
2. The equipment remains the property of the City of Fort Smith by the terms of the
grant.
3. The recipient is responsible for proper care and maintenance of the equipment while
it is in his or her possession. The recipient cannot modify or alter the equipment
without express permission of the City of Fort Smith. This includes removal of any
inventory or identification tags.
4. The recipient may not sale, barter, trade, pawn, loan, dispose of in any way, or
otherwise encumber the equipment at any time. The equipment must be returned to
the City of Ft. Smith for proper disposition.
5. The above requirements are the result of federal grant mandates. They are non-
negotiable.
Section 6
Fees
1. Year 2010 total support fees: $6,480
Terms:
FSPD will allow Van Buren PD to join the RVMD system at the lowest entry fees
per MDT of $800 for Support and $240 for Internet for a total of $1,040 per
MDT. Van Buren PD has a grant for $6,480 and would like to apply these funds
towards the MOU fees in 2010. These fees would cover the support fees for a
tern of 12 months starting on the day the MOU has been approved
FSPD will allow Van Buren PD in 2010 to operate up to 9 MDT's on the system
in 2010 for the support cost of 6.
FSPD agrees to allow continued use of four licenses until the Federal grant
funding becomes available. Once the RVMD federal grant money becomes
available FSPD will purchase Van Buren PD up to 10 mobile cop licenses.
Additional licensing requirements above 10 will be the responsible of VBPD to
purchase and maintain the annual software fees.
Van Buren PD understands any software or hardware purchased from the RVMD
grant or within their budget that the annual maintenance fees thereafter will
become their responsible.
RSA Tokens 2 factor authentication requirements from NCIC by September
2010. It is not known whether the Federal grant will be able to cover the RSA
tokens for other agencies by the deadline of September 2010. If the grant will not
cover this expense it will be the responsible of VBPD to purchase the required
RSA tokens for each officer that uses the RVMD system by September 2010 to
adhere to the NCIC security policy.
2. Year 2011 and each year thereafter total support fees for 9 MDC will total $9,360.00
Terms:
The Van Buren PD has requested support for 9 MDC in 2011 and agrees
to pay the Hosting Agency fees associated with the rendering of MDC
service as follows:
a. An internet usage fee of $240.00 per MDC unit per year totaling $2160.00
b. A support fee of $800.00 per MDC unit per year totaling $7,200.00
This equates to a total annual fee of $9.360.00
Section 6
Renewal
1. This agreement shall have a terns of one year from the date of its enactment and shall be
deemed to renew automatically on a yearly basis, provided all parties are in continued
agreement. Either party not wishing to renew the agreement shall provide written notice
to the respective Chief of Police, or their designee, at least ninety (90) days in advance of
the termination date.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
duly authorized officers.
ROBERT FREEMAN, MAYOR SANDY SANDERS, Mayor
CITY OF VAN BUREN, CITY OF FORT SMITH
DATE: DATE:
ATTEST:
City Clerk
DATE:
APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM:
City Attorney