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2010051703 - Agreement between the Town of Los Gatos and BayTSPtpW N OF ~,.~ , ~= cos GAtp9 COUNCIL AGENDA REPORT MEETING DATE: 5/17/10 ITEM NO: DATE:- MAY 6, 2010 TO: MAYOR AND TOWN COUNCIL FROM: GREG CARSON, TOWN MANAGER i~~~ SUBJECT: AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND BavTSP: A. AUTHORIZE THE TOWN MANAGER TO FINALIZE AND EXECUTE AN AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND BayTSP FOR LICENSING OF SOFTWARE AND USE OF DEDICATED SPACE FOR LAW ENFORCEMENT PURPOSES B. ACCEPT AN IN-KIND DONATION FROM BayTSP OF OFFICE SPACE AND TECHNOLOGY USE. RECOMMENDATION: 1. Authorize the Town Manager to finalize and execute an agreement between the Town of Los Gatos and BayTSP for licensing of software and use of dedicated space for law enforcement purposes. 2. Accept an in-kind donation from BayTSP of office space and technology use. BACKGROUND: The Los Gatos/Monte Sereno Police Department desires to establish an agreement with BayTSP, a Los Gatos company, to formalize an existing informal partnership between the company and local law enforcement to use BayTSP secure office space and technology to facilitate law enforcement investigations of child pornography. BayTSP, a Los Gatos based company, has been working for the past year in an informal public-private partnership with the Los Gatos/Monte Sereno Police Department and the Silicon Valley Internet Crimes Against Children (ICAC)Task Force and its allied agencies in Silicon Valley. Through this partnership, law enforcement is provided access to BayTSP's proprietary software to facilitate law enforcement investigations into child pornography. These investigations, and the methods of conducting the investigations, are confidential. PREPARED BY: SCOTT R. SEAMAN, CHIEF OF POLICE ~`1---_. N:\Police\Council Reports~2010\BayTSP Council Repo~t.doc . _ Reviewed by: ~_Assistant Town Manager Clerk Administrator Finance - Attorney ly Development PAGE2 MAYOR AND TOWN COUNCIL SUBJECT: AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND BayTSP MAY 6, 2010 The law enforcement entities working in this partnership now have a need for dedicated space within the.- 'h,-.- offices of BayTSP as well as continued use of the software technology. Because BayTSP is located f i3 within the boundaries of the Town of Los Gatos, the police department and the Town propose to create;r:, ; an agreement for use of the space and technology on behalf of the law enforcement partnership, in return-.=: ; for a nominal fee of one dollar per year paid by the Town to BayTSP. r; ~:. Under the proposed terms of the agreement, Chief Seaman will be the designated operational liaison between the law enforcement partners and BayTSP to ensure that security protocols are created and followed. Access to the dedicated space will be limited to law enforcement personnel associated with the partnership. The agreement creates appropriate protections for Ba}/I'SP as a law enforcement partner. The agreement acknowledges that the office space and technology have cone-time acquisition value and::- annual use value which is accepted as an in-kind donation to the Town. .. Council approval will authorize the Town Manager to finalize and execute an agreement between the Town and BayTSP for the period of one year beginning June 1, 2010, with an option to extend the agreement if desired. The partners desire to begin work under this formal structure on June 1, 2010. The agreement has been drafted by our Town Attorney and is under final review by the partners. If Council takes action to authorize this agreement, it will be finalized and executed upon final review by all parties. CONCLUSION: Staff recommends council authorization for the Town Manager to execute the agreement. ENVIRONMENTAL ASSESSMENT: Is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: If the Town and/or its partners were to secure this technology and services from a vendor, the cost would exceed one million dollars. However, there are no costs associated with the execution of this contract; beyond the nominal one dollar per year payment to BayTSP. The agreement will acknowledge an in-kind donation from BayTSP which reflects the fair market value of their contribution to the law enforcement efforts. N:\Police\Council Reports\2010\BayTSP Council Report.doc