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HomeMy WebLinkAbout25B - AGMT JAIL MGMNTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE- 18,2018 ATE: 18,2018 TITLE: APPROVE AGREEMENT WITH ADVANCED TECHNOLOGY INFORMATION MANAGEMENT SYSTEMS FOR JAIL MANAGEMENT SYSTEM MAINTENANCE (STRATEGIC PLA NO. 1, 4A) C121 MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached three-year agreement with Advanced Technology Information Systems , for the period of December 19, 2018 through December 18, 2021, for software maintenance and customer support in an amount not to exceed $290,591 (including a $210,591 base agreement, $55,000 of interface enhancements, and a $25,000 contingency), subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On February 21, 2012, the City Council approved an agreement with Advanced Technology Information Systems (ATIMS) for a Jail Management software system (A-2012-029). This system's primary purpose is to manage Jail operations including inmate intake and release, inmate record management, visitation schedules, jail incidents, and inmate transfer and movement activities. It allows Jail staff to generate regulatory and fiscal reports required by the State as well as its contract agencies. Beyond the system's use within the Jail, this software is used by other members of the Police Department for processing registrants, sending documents to court, and managing mug shot photos. The Police Department is proposing to execute a new three-year agreement with ATIMS for the licensing, support, and maintenance of its Jail Management System for $210,591. In addition, the Department seeks to have ATIMS develop computer interfaces between the Jail Management System and the Records Management System from Central Square (formerly TriTech) in order to increase accuracy and efficiency for a cost of $55,000. A $25,000 contingency is also included for unanticipated work related to this system, for a total not to exceed amount of $290,591. The Santa Ana Jail has been using ATIMS to manage Jail information and operations since 2012. ATIMS has been accommodating, professional and consistent in its servicing of the system The Jail will continue to use ATIMS until technology enhancements present a better, more cost effective solution for managing Jail information and operations. 25B-1 ATIMS Agreement December 18, 2018 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #4, (Ensure a sound fiscal model for jail operations through coordinated efforts with personnel from the City Manager's Office, Police Department, City Attorney's Office, Finance, and Personnel.) Strategy A, (Modify the Santa Ana jail business model and identify short- and long-term goals to effectively meet the needs of the community through contract negotiations with outside agencies, evaluation of staffing needs and increasing operational efficiency.) FISCAL IMPACT Funds for this agreement in the amount of $290,591 are available in Police Department's FY 2018- 19 Jail Operations contract services account (no. 01114475 62300) and Police Department's Information Services contract services account (no. 01114425 62300) and will be included in proposed budgets for future years as follows: i In David V Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNT: d'�Z' " Kathryn Dow s, CPA Executive DirectorCeo Finance and Management Services Exhibit: 1. Agreement with Advanced Technology Information Systems, Inc. 25B-2 FY 2018-19 FY 2019-20 FY 2020-21 01114475 62300 68,780 69,843 71,968 01114425 62300 65,000 10,000 5,000 Total 133,780 79,843 76,968 290,591 i In David V Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNT: d'�Z' " Kathryn Dow s, CPA Executive DirectorCeo Finance and Management Services Exhibit: 1. Agreement with Advanced Technology Information Systems, Inc. 25B-2 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 18th day of December, 2018, by and between Act I Group, Inc., a California corporation doing business as Advanced Technology Information Management Systems, ("ATIMS" or "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of maintenance and services for the Jail Management Software and enhancement to interface with the Tri -Tech systems for the Santa Ana Detention Facility. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the attached Scopes of Service, identified as Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified as Exhibits A and B. The total amount for this Agreement shall not exceed $290,591 during the term of this Agreement. The sum of this amount shall include $210,591 for the base agreement; $55,000 for interface enhancements and a contingency amount of $25,000 for work assigned at the sole discretion of the City. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 8 25B-3 3. TERM This Agreement shall commence on December 19, 2018, and continue for a three (3) year term through December -18,2021, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property Page 2 of 8 25B-4 damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. C. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to fumish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons Page 3 of 8 25B-5 acting on its behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, but only to the extent that any such claim is not caused by the negligent operations of the City. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement, except for any liability caused by the modification of the work product or documents not done at the direction of ATIMS. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all Page 4 of 8 r nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. Page 5 of 8 25B-7 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority Page 6 of 8 r or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Chief of Police City of Santa Ana 20 Civic Center Plaza (M-97) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-714-245-8007 To Consultant: The ACT I Group, Inc. dba ATIMS Attn: Director, Professional Services 9638 Topanga Canyon Place, #B Chatsworth, CA 91311 E-mail: Flo Ferrera (flof@atims.com) A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Page 7 of 8 25B-9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney 'i �I By:' Assistant City Attorney RECOMMENDED FOR APPROVAL: DAVID VALENTIN Chief of Police CITY OF SANTA ANA Raul Godinez City Manager ATIMS: Felix Rabinovich Vice President Tax ID# 25B-10 Page 8 of 8 Professional Services — Work Order Quote Exhibit A `` A��IVIS ..>,� i , M SWd fth, a mu, C.wO—sl Re@AtedFSencingAgreement for "SantaiAna Police 4epa kment mllcesfandkP Attn: Santa Ana Police Dept. Boris Duran -Police Systems Mgr. 60 Civic Center Plaza Santa Ana, CA 92702 Date: October 19, 2018 #1 Interface - Inbound Pre -Book: This interface will be based on a folder 1 $20,000 watch of an xml file. Tritech will supply an XML schema for their data. Tritech is not making any changes to their format and ATIMS will map all corresponding fields that apply. Assumptions: Person Master — ATIMS will not do any master name reconciliation, instead a temporary name will be used within ATIMS — last, first, middle, DOB will carry. As an option, additional person related fields can be parsed into a pre -book form. Unless stated otherwise, TriTech is not supplying a key of their master name. If that changes then ATIMS will need to make a change order to the scope of work. Arresting Officer — ATIMS will map personnel based on number (badge), if no match ATIMS will use ADMIN personnel. Charge table — Santa Ana responsible for making sure charge tables are in sync and matching criteria will be based on type and section. No match data will be ignored. "' SAPD is responsible for any turning OFF (flagging deleted) historical codes and importing news ones. No time will be allocated by ATIMS for this process unless stated otherwise. SAPD will setup bail schedule and all other meta data associated with charges. SAPD will be responsible for maintaining this table point forward unless stated otherwise i.e. amendments/changes/re-imports/etc. Case number will be mapped. •" All other data can be mapped to an xmi file that will be shown in the arrest page (including address and person demographics) #1A (additional option) - Pre -Book Form: ATIMS will create an arrest sheet (or use existing) and during the creation of the pre -book, create a new instance of the sheet and any relevant data to the sheet. ATIMS will stamp an external origination flag, to be used with #2 Interface to prevent exporting of ATIMS initiated pre -books. PAGE 1 OF 3 25B-11 $12,500 Professional Services — Work Order Quote6;F r ' MS .K w..ti.mee.mr.., neo. co"ntnon+f #2 Interface - Outbound Pre -Book. ATIMS will export a file to a folder 1 $10,000 based on Tritech XML schema. ATIMS will map to TriTech's format and match any relevant fields. SAPD must analyze and decide which fields will be used in Pre - Book to send Trigger will be done at INTAKE or TEMP HOLD create, this will ensure that receiving had a chance to reconcile the person. ATIMS will need to create 'Create Temp Hold" trigger as well to export from (additional scope) #3 Interface - Outbound Person Master. Export to Folder an xml file. 1 $12,500 Tritech to supply example XML. ATIMS will use TriTech's format and map fields that match. Export to trigger at any point after Booking Complete any save within screen involving person data i.e. AKA, address, char, SMT, photo. Mapping of fields will determine scope of work, ATIMS will not change any predefined NCIC lists. The XML payload will be the same for all triggers i.e. the person data will repeat on every save. TriTech to map into their master name. Photo will not be pushed as a file. ATIMS will provide relative path pointer to the image. TriTech will pull the image from a share. SAPD to provide share with view access rights. Installation and Configuration Included TOTAL COST SHAW —Quote is valid for 30 days —Payment Terms: 50% upon approval and the remaining 50% upon installation Important — Customer Please Read Software - The Customer is financially responsible for the purchase of all non-ATIMS software. This Includes all Ncrosoll and other 3rd parry software. The following list includes examples of software Nal are NOTincluded in the contract price. unless otherwise staled: Microson operating systems (IMndmrs?IWIO workstation W nd. 2005/2012 Server). Microsoft Office. Microsoft SOL Server. Internet firewall software and camera application software. In addition. a0 3rd party sotlware packages not listed above are tae financial esponsiblhly of the Customer unless otherwise slated. Hardware - The Customer Is financially responsible for Me purchase of all hardware. This includes PC Servers. PC Workstations: uninterruptible power supplies (UPS), cameras, camera station control boards and Ndeo cards, cables, wiring and other miscellaneous Instagabon materials. pd hardware purchases aro the finandal responsibility of the Customer and are NOT Included in the contract price unless otherwise stated. PAGE 2 OF 3 25B-12 Professional Services — Work Order Quote 4' SI`� MS H* (tone Pr/ew./ hw CmMruuri/ IN WITNESS WHEREOF. the party has caused this Pricing Agreement to be executed by their duly authorized representative on the date(s) shown below. Accepted and Approved by Customer: Signed: Printed: Title: Date: 2018 PAGE 3 OF 3 25B-13 Annual Maintenance Quote Exhibit B �'Ifils Wt ibnd HeTnd fb.v LOrrrictlo,nl Santa Ana Police Dept Boris Duran -Police Systems Mgr. 60 Civic Center Plaza Santa Ana, CA 92702 Maintenance for JMS 12-19-18 to 12-18-19 1 $ 68,780.00 Maintenance for JMS 12-19-19 to 12-I8-20 1 $ 69,843.00 Maintenance for JMS 12-19-20 to 12-18-21 1 $ 71,968.00 Total Cost $ 210,591.00 —Quote is valid for 30 days IN WITNESS WHEREOF, the party has caused this Pricing Agreement to be executed by their duly authorized representative on the date(s) shown below. Accepted and Approved by Customer. Signed: Printed: Title: Date: .2018 PAGE 1 OF 1 25B-14