HomeMy WebLinkAbout25C - AGMT - POLICE DIMSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 7, 2014
TITLE:
AGREEMENT WITH LINEAR
SYSTEMS FOR ANNUAL
MAINTENANCE AND SUPPORT OF
POLICE DIGITAL IMAGING SYSTEM
{STRATEGIC PLAN NO. 1, 3A}
CITY MANA R
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For —
CONTINUED TO 10/21/2014
Meeting not convened on 10/7/2014
FILE NUMBER due to unforeseen circumstances
Authorize the City Manager and Clerk of the Council to execute a three -year agreement with Linear
Systems for maintenance and support of the Digital Imaging Management System (DIMS), in an
amount not to exceed $90,000, terminating June 30, 2017, subject to non - substantive changes
approved by the City Manager and City Attorney.
DISCUSSION
The Police Department's Digital Imaging Management System (DIMS) was purchased in 2004 using
Urban Area Security Initiative (UASI) funds and allows crime scene images to be captured and stored
digitally. It currently houses nearly six - hundred thousand crime scene photographs and countless
hours of crime scene video and audio footage. This system is a compulsory investigative tool that
assists in the successful documentation of extensive crime scenes. The DIMS system used by the
Police Department was developed by Linear, thereby making Linear a proprietary source for system
maintenance and updates. The DIMS system is of paramount importance to criminal investigations
and its maintenance, continued security, and storage redundancy is essential for the Forensic
Services section.
The current vendor, Linear Systems, has been accommodating, professional and consistent in it's
servicing of the system and staff recommends renewal of their agreement. The base agreement will
be for a three -year term in the amount of $80,000. An additional $10,000 contingency has been
added for unanticipated system modifications, for a total not to exceed amount of $90,000. The
three -year term will cover the period of July 1, 2014 through June 30, 2017.
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.
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Agreement with Linear Systems
October 7, 2014
Page 2
FISCAL IMPACT
Funds are available in the Police Department's Forensic Services contract services account (no.
01114455 62300).
APPROVED AS TO FUNDS AND ACCOUNTS:
�Az R ile a
Carlos Rojas Francisco Gutierrez
Chief of Police Executive Director
Santa Ana Police Department Finance & Mgt. Services Agency
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MAINTENANCE AND SUPPORT AGREEMENT
THIS MAINTENANCE AND SUPPORT AGREEMENT, made and entered into this 7th
day of October, 2014 by and between Linear Systems (hereinafter "Contractor "), 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 Contractor having special skill and knowledge in the field of
providing maintenance to and support as necessary for the Police Department's digital
imaging management system (DIMS) which maintains all photograph, video and audio
evidence for the Police Department.
B. Contractor represents that Contractor is able and willing to provide such services to the
City.
C. Contractor has provided maintenance and support for the DIMS system since it was
originally purchased in 2004,
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:
SCOPE OF SERVICES
Contractor shall provide maintenance and support as needed to the DIMS system as
outlined in the attached Exhibit "A ". This shall include a one year warranty for enhanced digital
acquisition station, image server, forensic services field personnel kits, and two forensic services
lab kits. It shall also include on -site maintenance and support for the data base case management
rack server, PDD library and digital output devices.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its
services, the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement shall not exceed $40,000.00 over the term of this Agreement. This includes a
$10,000 contingency for unanticipated system modifications.
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.
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TERM
This tern of this Agreement shall be for a three year (3) year period commencing on July
1, 2014 and terminating on June 30, 2017, unless terminated earlier in accordance with Section
12 of this Agreement.
4. INDEPENDENT CONTRACTOR
Contractor 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
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor 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, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor 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 Contractor'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. Contractor shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit C upon
execution of this Agreement and shall be approved in form by the City Attorney.
b. Worker's Compensation Insurance. In accordance with the provisions of Section
3300 of the Labor Code, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
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c. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i) Contractor 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.
d. If Contractor 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 Contractor's right to be paid for its
time and materials expended prior to notification of termination. Contractor 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
Contractor agrees to 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 health, and claims for property damage, which may arise from the
direct or indirect operations of the Contractor 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 Contractor 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.
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CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and /or proprietary, Contractor 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the
Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not acquire any interests,
direct or indirect, which would conflict in any manner with performance of services specified
under this Agreement. No persons having such interest shall be employed by or associated with
Contractor.
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:
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, Santa Ana Police Department
City of Santa Ana
60 Civic Center Plaza (M -97)
P.O. Box 1988
Santa Ana, California 92702
Fax (714) 245 -8007
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And
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 Contractor: Linear Systems
8403 Maple Place
Rancho Cucamonga, California 91730
Fax (909) 899 -4346
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, any
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
Contractor, 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 Contractor. 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 Contractor 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.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor 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 Contractors retained by City.
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12. TERMINATION
This Agreement may be terminated by the City with thirty (30) days written notice. 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
Contractor 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. Contractor 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 and all questions relating to its validity, interpretation, performance, and
enforcement shall be governed and construed in accordance with the laws of the State of
California. 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. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS
Contractor shall carry out all services pursuant to this Agreement in substantial
conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and
decrees of the United States, the State of California, the County of Orange, the City, and of any
other political subdivision, agency, or instrumentality exercising jurisdiction over the City.
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
25C -8
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 HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Laura A. Rossini
Senior Assistant City Attorney
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
CONTRACTOR
LINEAR SYSTEMS
WE
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Tax. ID #
(Title)
EXHIBIT A
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LINEAR SYSTEMS
8403 Maple Place
Rancho Cucamonga CA. 91730
90M99 -4343 909. 899.4348 FAX
BILL TO
City of Santa Ana
Purchasing Division M. 16
20 Civic Center Plaza Rm 429
Santa Ana, CA 92701
Sharon Licit (714)6475467
SHIP TO
Santa Ann PD
Photo Lab
60 Civic Center Plaza
Santa Ana, CA. 92702
Min: Heather Heider
Account #
SAN8471
INVOICE
DATE
INVOICE #
6/1/2014
20149914
P.O. #
TERMS
REP
SHIP VIA
FOB
SHIP DA...
DUE DATE
INVOICED
ANNUAL
Net 30
JH
N/A
Source
7/1/2014
7/112014
0610112014
ITEM
DESCRIPTION
QTY.
B/0
LIST $
I UNIT $
TOTAL
LSHG0DSD
Linear I Year Depot Warranty for Enhanced Digital Acquisition Station
3
2,750,00
8,250,00
LSI1001SO
Linear I Year On -Site Warranty for ImageServer
3
8,750,00
26250.00
LSH000SIT
Linear I year on -sito maintenance & support COT Database Case Management
3
3,500.00
10,500.00
Rack Server
1,9II000SIT
Linear I year software maintenance & support
3
8,750.00
26,250.00
LS[IOOOSWAE
Linear ]year additional warranty Forensic Services Field Personnel Kits
3
2,985.75
8,957.25
1,811000SWAE
Linear I year additional warranty Forensic Services Lab Kit Canon
3
975,00
2,925.00
LSIl000SWAE
Linear I year additional warranty Forensic Services Lab Kit XL -2
3
215.00
645.00
LSII00OSWAE
Linear l year on -site maintenance & support for Digital Output Devices
3
5,400.00
16,200.00
DISCOUNT
Preferred Customer +Multi -Year Discount
- 19,977.25
- 19,977.25
* *Warranty to Cover Period From: 7/1/2014 through 6130/2017 **
Thank you for your business.
Sales Tax (8.0 %)
Total $80,000000 00
Balance Due $80,000.0. 0'
20°/ restocking fee on all returned merchandise. 50% restocking fee on special orders or on product returned without all original packing materials. No returns on soRwure.
All products will be considered shipped complete and undamaged unless Linear is notified otherwise within 48 hours. No returns without a RMA k issued by Linear.
All products Carry manufacturers warranty only unless specified in writing. All additional service contracts (Preferred Customer Program) must be listed on invoice.
Signature an invoice or acceptance of shipment acknowledges receipt of order.
Customers with past due invoices will not be shipped any new orders or RNIAS,
Past due invoices from the date of invoice will be charged 25% interest per day as per Department of General Services Prompt Payment Act.
Linear Systems is a CERTIFIED SMALL BUSINESS with the Department of0eneml Services REF 90020657. This requires all customers and agencies to be in
compliance with prompt payment terms.
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