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State of Louisiana Parish Of STATE OF LOUISIANA PARISH OF CADDO __________________________________________________________________ COOPERATIVE ENDEAVOR AGREEMENT BETWEEN THE SHERIFF OF CADDO PARISH, LOUISIANA AND THE CITY OF SHREVEPORT, LOUISIANA REGARDING NETWORK FIBER CONNECTIONS _________________________________________________________________ This Agreement is made and entered into in two original copies on the ___d ay of , 201 6 by and between Steve Prator , in his official capacity as Sheriff of Caddo Parish, Louisiana (Sheriff) and the City of Shreveport, a municipal corporation organized under the Laws of the State of Louisiana (City) and herein represented by its Mayor, Oll ie Tyler, both political subdivisions of the State of Louisiana, each represented herein by the undersigned, duly authorized to act herein, who declare as follows: WITNESSETH WHEREAS, Article VII, Section 14 of the Constitution of the State of Louisiana states, "For a public purpose, the State and its political subdivisions or political corporations may engage in cooperative endeavors with each other, with the United States or its Agencies, or with any public or private association, corporation, or individual"; and WHEREAS, it is the desire of the Sheriff and the City to enter into this Cooperative Endeavor Agreement which is and shall constitute an Inter-Governmental Cooperative Endeavor Agreement as contemplated by Article VII, Section 14 of the Constitution of the State of Louisiana, 1974; and WHEREAS, it is the intention of the Sheriff and the City to combine certain resources for the purpose of allowing the use by Sheriff of a portion of an existing fiber network owned by the City of Shreveport; and WHEREAS, the Sheriff and City understand that it is advantageous to the c itizens of Shreveport, and Caddo Parish, Louisiana, for their governmental entities to cooperate where possible to enhance and improve the conditions cited herein and to make the most efficient use of citizen tax dollars. NOW THEREFORE, in consideration of the mutual covenants contained herein, the Sheriff and City agree as follows: 1. Purpose. T he purpose of this Cooperative Agreement is to allow the C addo Parish Sheriff's Office to use a portion the existing network fiber connection, owned by the City of Shreveport , in an effort to establish a data connection to locations shared by both the City of Shreveport and the Caddo Parish Sheriff's Office. This connection will benefit both the Sheriff's Office and the City regarding resources shared between each agency. The City and the Caddo Parish Sheriff's Office work cooperatively to investigate criminal activity in the City of Shreveport and Caddo Parish , and share work locations in order to enhance such cooperation, including a Financial Crimes office, Narcotics, OCS Joint Task Force, 911 Communications, and Government Plaza . This fiber connection will ensure a dedicated network connection that is capable of providing these shared locations with a reliable , efficient and secure connection to the Caddo Parish Sheriff's Office and Shreveport Police Department’s main data centers to submit and process critical law enforcement information. 3. Use of network fiber connection. a) Sheriff may connect to and use portions of the city’s network fiber only in accordance with the conditions stated herein. Sheriff shall provide the City, th r ough its Director of Information Technology (“Director”) , with a description of each proposed connection, including the location, technical specifications , proposed date of installation, and such other information as required by the Director. Each connection shall be subject to the prior written approval of the Director. It is anticipated that a V-LAN (Virtual Lan ) connectio n will be used to route traffic, but all technology and use shall be subject to the prior approval of the Director. Sheriff agrees not to use the above stated fiber connection to access network resources that are not specifically authorized. b) The fiber network connection and use thereof are provided by the city on an “as is” basis, with no warranty by the City or obligations on the City’s part whatsoever. c) The City reserves the right to take the fiber network out of operation for any reason it deems appropriate, in its sole discretion , including but not limited to repairs, maintenance or other reasons, and for any length of time it deems appropriate, in its sole discretion. Sheriff agrees that it will not use the fiber network for any emergency purposes, or any purposes for which any unavailability of the network would cause damages to persons or property. d) Sheriff agrees that in its use of the fiber network it will not cause any interference with the city’s use of the fiber network or any damage to the network or property of the City. Sheriff agrees to notify the Director prior to any maintenance, repair or other work involving the fiber network. e) City reserves the right to terminate this agreement or to terminate the authority for the use of any portion of the fiber network or any particular connection for any reason it deems appropriate, including but not limited to the city’s need to use the capacity in that portion of the network. City agrees to use its best efforts to notify Sheriff of any scheduled work on the system which will cause the network to be out of service for more than 24 hours, as soon as such work is scheduled. City will make an effort to notify the Sheriff of any other significant interruptions of service when the City becomes aware of the interruption. Notification of interruptions will include an estimate of the length of time the network will be out of service, if known. 4. Indemnification . Throughout the term of this Cooperative Endeavor Agreement, an employee of Sheriff or City, no matter what services may be performed under said Agreement, shall remain an employee of Sheriff or City respectively. Sheriff agree s to indemnify, defend and hold City harmless from and against any and all losses, damages, judgments, expenses or other liabilities whatsoever, including, but not limited to judgment value, interest, attorney ’ s fees, court costs and related costs of defense arising out of or in any way connected with claims for loss of use, data breach, personal injury, death, property damage, or contractual liability, that may be asserted against City, by any party or parties which arise or allegedly arise out of application of this Agreement, or the fault or the negligence of Sheriff’s employees, agents, or representatives. 5 . Limitation of liability. In no event shall City or its officers, agents, employees or representatives) be liable for any damages whatsoever (including, without l imitation: consequential, incidental, indirect, special, economic, punitive or similar damages, or damages for loss of business profits, loss of goodwill, business interruption, computer failure or malfunction, loss of business information or any and all other commercial or pecuniary damages or losses) arising out of the use of or inability to use the fiber network, however caused and on any legal theory of liability (whether in tort, contract or otherwise), even if City has been advised of the possibility of such damages, or for any claim by any other party. 6. Assignability. The parties herein shall not assign any interest in this Agreement and shall not transfer any interests without the prior written consent of all parties to this Agreement. 7. Compliance With Laws . Sheriff and City and their employees shall comply with all applicable federal state and local laws and ordinances in carrying out the provisions of this Agreement. 8. Legal Construction . In case any one or more of the provisions contained in this Agreement shall for any reason to be held to be invalid, illegal, or unenforceable in any respect, such invalidity illegality or unenforceability shall not a ffect any other provision thereof and this Agreement shall be considered as if such invalid illegal or unenforceable provision had never been contained in this Agreement. 9. Captions . The captions to the various clauses of this Agreement are for information purposes only and shall not alter the substance of the terms and conditions of this Agreement. 10. Amendments . No amendment to this Agreement shall be effective unless it is in writing, signed by the duly authorized representatives of Sheriff and City, which shall be the Sheriff of Caddo Parish and the Mayor of the City of Shreveport, or their designees as authorized in writing, and by their signature. 11. Term . This Agreement shall be indefinite and in perpetuity unless the conditions of this Agreement are violated. However the Sheriff or City may terminate this Agreement with or without cause and without penalty, upon thirty days written notice to the Mayor of the City of Shreveport at the address provided herein or to the Sheriff of Caddo Parish at the address provided herein. Upon termination, any outstanding sums due either party pursuant to performance of this contract shall be paid within thirty (30) days of receipt of invoice. 3 I N WITNESS WHEREOF, the parties hereto have made and executed this Cooperative Endeavor Agreement as of the day and year first written above. THUS DONE AND SIGNED at Shreveport, Caddo Parish, Louisiana, this ___day of _____________, 2016, in the presence of the two undersigned witnesses. WITNESSES CADDO PARISH SHERIFF’S OFFICE ___________________________________ ____________________________________ Steve Prator, Sheriff 505 Travis St., Suite 700 ___________________________________ Shreveport, LA 71101 ______________________________________ Notary Public THUS DONE AND SIGNED at Shreveport, Caddo Parish, Louisiana, this ___day of _____________, 2016, in the presence of the two undersigned witnesses. WITNESSES CITY OF SHREVEPORT ___________________________________ ____________________________________ Ollie S. Tyler, Mayor 505 Travis St., Suite 200 ___________________________________ Shreveport, LA 71101 ______________________________________ Notary Public.
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