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HomeMy WebLinkAbout25L - AGMT - POLICE TRACKING SOFTWAREREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 16, 2014 TITLE: AGREEMENT WITH CI TECHNOLOGIES TO PROVIDE MAINTENANCE AND SUPPORT FOR BLUE TEAM AND IA PRO SOFTWARE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a three -year agreement with Cl Technologies, terminating August 31, 2017, to provide Blue Team IA Pro software maintenance, in an amount not to exceed $18,500, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION In 2013, the Police Department purchased two software programs from Cl Technologies, IA Pro and Blue Team. This software allows the Professional Standards Division to track complaints of misconduct, uses of force, officer involved traffic collisions, and pursuits. Due to the essential nature of this system, the City contracted with Cl Technologies to maintain and support this system as needed. Cl Technologies owns the licenses for this software and is the only company able to support this system. This agreement will cover maintenance and support at a cost of $4,500 a year from September 1, 2014 through August 31, 2017. An additional $5,000 contingency has been added for unanticipated work for a total not to exceed agreement amount of $18,500. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #3, Promote fiscal accountability to ensure financial responsibility at all levels of the organization, Strategy 3a, Continuously evaluate and assess fiscal aspect of service delivery to ensure that the Police Department provides programs and services efficiently and effectively. 25L -1 Agreement with Cl Technologies September 16, 2014 Page 2 FISCAL IMPACT Funds for this agreement are available in Police Department's Information Services contract services account (no. 01114425 62300). Carlos Rojas Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance and Mgt. Svcs. Agency—A, 25L -2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this I" day September, 2014 by and between Cl Technologies, Inc., a Florida corporation, (hereinafter "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 (hereinafter "City" ). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of software maintenance and support for the IA Pro and Blue Team software programs. B. Consultant represents that it 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 software maintenance and support services as needed by City of the IA Pro and Blue Team software programs purchased by City from Consultant in 2013. The scope of the maintenance and support services is outlined in the attached Exhibit "A," 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services an annual sum of $4,500.00. The Agreement will also include a contingency of $5,000 for unanticipated expenditures. The total sum to be expended under this Agreement shall not exceed $1$,540.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) 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. 3. TERM This Agreement shall commence on the date first written above and terminate on August 31, 2017, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 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 25L -3 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. 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 eonunercial general liability insurance which 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 damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers 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. 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 perfannance 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. C. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 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 in form by the City Attorney. (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. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish 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 effect Consultant's right to be paid for its time and materials expended prior to 25L -4 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. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, 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 direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 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. 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. -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 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, 8. 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. 9. 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 telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: 25L -5 To City: Cleric 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: and Police Department City of Santa Ana 60 Civic Center Plaza (M -95) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 245 -8094 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714. 647 -6515 To Consultant: Cl Technologies, Inc. Atm.: Jerri Kelly 119 N. Commercial St., #270 Bellingham, Washington 98225 Fax(800)620 -8504 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 telefacsimile, 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. 10. 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 nor 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 are not embodied herein. 25L -6 11. ASSIGNMENT In as much 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. 12. 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 Police Chief may require Consultant to deliver to the City all work product 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. 13. 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. 14, 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. 15. 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. 25L -7 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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 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. 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 (�}} By, G v- iLt" Z t Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: CARLOSROJAS Chief of Police CITY OF SANTA ANA DAVID CAVAZOS City Manager CI TECHNOLOGIES, INC. Jerri Kelly Team Leader /Sales and Marketing Tax ID# 25L -8 EXHIBIT A 25L -9 Maintenance and Support: Diagnostic Resolution and Escalation Procedures While the annual maintenance agreement is In- effect, CIT will provide technical support to Customer as follows: Availability: Via our 1 -800 number and personal cell phones during normal working hours. Also, e -mail for lower priority issues. We typically make ourselves available after working hours If a high priority problem Is pending. Two hours is our typical response time to medium and high priority calls. We typically respond to call or e -mails related to training or usage issues within 24 hours. The following escalation procedures will be employed to Insure an appropriate response to any interruption of service in order to minimize downtime, Problems are addressed quickly during the hours of 8:00am and 6:00pm EST Monday through Friday excluding Holidays and weekends, General problem reporting and resolution procedures When a problem Is encountered during regular business hours, the following steps will be preformed: The Customer's users will ideally first contact the designated coordinator /primary user of software, This will probably be a person who is most familiar with the software at the Customer, and that person will endeavor to determine the cause of the problem. Anyway user of the software is welcome to call CIT directly, but including the designated coordinator in problem resolution Is desired. If the problem seems to require assistance from CIT, they will be contacted at this point. Otherwise, the Customer designated coordinator or other appropriate person will attempt to correct the problems. The Customer designated coordinator or other staff will verify network connects, resolve printer problems and any desktop issues In order to ensure the problem is not one external to the software. If the Customer is unable to determine the cause of the failure, the designated coordinator will contact CIT. CIT may be notified through e -mail, phone or other means. A toll -free number will be maintained by CIT for use by Customer staff In contacting its support staff, and it will be staffed so that a response to a call will either be immediate, or within 2 hours of receipt of call. CIT resources will work with the Customer to diagnose the problem. After investigating the issue, CIT and Customer will jointly categorize the problem into: Problem Definition and Priority: The following table provides a list of the types of problems that can be experienced. CIT is responsible for (but not limited to): 25L -10 Server Hardware Problem IT Desktop Hardware Problem IT Network Communication IT Isolated Workstation Issue IT Database Performance/storage CIT Application or software related CIT Problem Definition and Priority: The following table provides a list of the types of problems that can be experienced. CIT is responsible for (but not limited to): 25L -10 All services unavailable: The system is unavailable. Performance/Throughput: System is but does not match the performance System not performing as specified: Functions are not executing correctly and are stopping cases from being processed, No User Error: Problem reported by user that was a result of user error or misunderstanding. Isolated workstation failure. System does not perform the required functionality, Functionality was not within System not performing as specified (worka available). An error is experienced but the problem can be worked around. Support Restore Requirements Showstopper -These will be added to the enhancement list and addressed Workaround Available Complex workaround Decrease system's efficiency/performance/ throughput Decreases user /department's Easy to implement workaround. No Impact on system performance No impact on user /department's The following table provides a guideline for restoration times in case of a problem: High I Response within 2 High Low Low Resolution within 6 hours from time of notifying the vendor contact(s) through voice mail (first level support contact) and e -mail, If feasible, CIT will provide after hours support into the evening or during early morning hours. Resolution within 2 business days from time of notifying the vendor contact(s) voice mail (first level support contact) and e -mail to the entire list. Low No resolution time designated,. Added to enhancement list or addressea mrougn updates to user documentation. 2 25L -11 Future releases are supported in the above manner as long as the annual maintenance agreement is in- effect. We provide a 24 hour toil free product support line with either a person or voice mail answering. From 8:30 AM — 5:30 PM EST a person is most likely to answer. Old releases are supported up to 2 years after release of succeeding versions, Please note that customers with a current annual maintenance agreement are provided the latest version of the software to include all customizations 25L -12