HomeMy WebLinkAbout06 - Purchasing Data Sharing Solution0
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
January 11, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Paul Henisey, Support Services Division Commander
Bob McDonell, Chief of Police
SUBJECT: APPROVAL OF CONTRACT WITH KNOWLEDGE COMPUTING
CORPORATION TO PURCHASE DATA SHARING SOLUTION
RECOMMENDATION:
Award bid and approve the attached contract to purchase Phases 1 and 2 of a
Records Management System (RMS) Information Sharing solution from Knowledge
Computing Corporation in the amount of $1,606,053, to be funded from ILJ UASI
Grant Funds Account #7017- C1820802. Authorize the Mayor to execute the
contract on behalf of the City.
Approve the attached "Sub- grantee Agreements to transfer or purchase equipment
or services using Urban Area Security Initiative (UASI) Grant Funds" from the Cities
of Santa Ana and Anaheim, and authorize the Police Chief to execute the
agreements on behalf of the City.
DISCUSSION:
Background:
On March 9, 2004, Council approved the acceptance of approximately $1.9 million in
grant funds for administrative purposes, on behalf of the Orange County Integrated Law
and Justice Project (ILJ), which is comprised of the entire Criminal Justice System in
Orange County. In that prior communication, Council was advised that we were
requested to administer the grants for the Project by the Orange County Chiefs' and
Sheriffs Association as a result of some difficulties being experienced by the County of
Orange in facilitating the approval of various elements of the Integrated Law and Justice
Project.
During the past year, the City of Newport Beach became part of the 2004 Urban Area
Strategic Initiative (UASI) Grant from the Department of Homeland Security and
administered by the Cities of Anaheim and Santa Ana for all of Orange County. In the
Anaheim /Santa Ana UASI Strategy Report, a number of the stated goals and objectives
Contract Approval — Integrated Law & Justice Project
January 11, 2005
Page 2
0
correspond to the efforts of the ILJ Project. The number one goal identified in the report
is to, "Assess existing capabilities to develop and implement a County -wide real -time
system for collection, analysis and dissemination of disparate data and information."
This particular section identifies the use of consultants and existing work groups to
assess capabilities and prioritize recommendations. It identifies the need to coordinate
with subcommittees to evaluate various technologies and to obtain the necessary
technology to support County -wide systems for the collection and dissemination of
information. A part of the strategy also includes the analysis of information as it relates
to terrorism or the use of Weapons of Mass Destruction (WMD).
The ILJ Steering Committee, in conjunction with Deloitte Consulting, has been working
on developing a plan for the integration and sharing of information systems throughout
the Criminal Justice System in Orange County as part of the ILJ Strategic Plan. The
plan includes such aspects as determining a governance structure, identifying
infrastructure and information systems currently in use or planned for the future,
developing a pilot project involving a representative sample of agencies, finalizing the
design and selecting a solution, and County -wide implementation.
An ILJ evaluation team was established to work with the Deloitte Consultant to develop
a Request for Proposal to acquire an RMS information sharing solution among all law
enforcement agencies in Orange County. The RFP was released on August 10, 2004,
and all responses were due by September 15, 2004. A Bidders Conference was held
on August 20, 2004, at the Newport Beach Police Department to address any
questions. A total of nine proposals were submitted from the following vendors or
teams of vendors:
• Avenade (Abbey Group, Forensic Logic)
• Crossflo
• Fatpot Technology
• Global Software (i2, Microsoft, Critical Technology)
• Knowledge Computing (Coplink, Unisys)
• Oracle (CDI, i2)
• Sierra (Templar, Visual Analytics, OpenNetworks)
• SRA/Orion (Imagis)
• Speedtrack
During the initial screening, three proposals were suspended from further evaluation
due to either incomplete responses or shortcomings in the level of compliance to the
specifications in the RFP. The three vendors eliminated at this stage were Global
Software, Crossflo and Speedtrack. The remaining six vendors were invited to provide
demonstrations to a second evaluation team of approximately 14 representatives from
the various Criminal Justice Agencies, including four police chiefs. The invitation to
Fatpot was later withdrawn when they changed their proposed solution. The five
demonstrations were scheduled over a one -week period in October 2004.
0
Contract Approval — Integrated Law & Justice Project
January 11, 2005
Page 3
A list of criteria was developed by Deloitte to assist the evaluation committee in
comparing and analyzing each of the demonstrations. The evaluation committee
observed each of the demonstrations and then ranked the various vendors according to
the criteria. After compiling the rankings from each team member, it was determined
that the Knowledge Computing Company with their Coplink solution achieved a higher
score in 9 out of the 11 categories and a significantly higher total score than any of the
other vendors. The Coplink solution was clearly the preference of the evaluation
committee members following the demonstrations.
Of the five finalists, Knowledge Computing Company also submitted the lowest bid at
$1.6 million for both Phase 1 and Phase 2 of the RFP. The order of bids for both
phases is as follows:
1. Knowledge Computing - $1,606,053
2. Avenade - $3,656,347
3. Sierra Systems - $4,219,563
4. SRA - $4,279,057
5. Oracle - $5,121,431
Following the demonstrations, the analysis of the rankings and review of the pricing, the
evaluation team identified Knowledge Computing Company as the preferred vendor.
Members of the evaluation team and our Deloitte Consultant initiated reference contacts
and site visits. Several agencies using the Coplink product were contacted and all
responded favorably to questions about Knowledge Computing and the Coplink
software. Eight members of the evaluation team also participated in site visits to the
Phoenix Police Department, Tucson Police Department, and the Knowledge Computing
Company's corporate offices in Tucson, Arizona. At each site, members of the
evaluation team were impressed with the data sharing capabilities and the analysis
portion of the software. Following the site visits, there was a unanimous
recommendation on the part of the team members to enter into contract negotiations
with Knowledge Computing on behalf of the Orange County Integrated Law and Justice
Steering Committee.
The funding for the Phase 1 portion of the contract will come from the Santa
Ana /Anaheim UASI grant funds. This grant provides 100% of the funds necessary for
Phase 1 of the project and requires no local matching funds. Phase 2 of the project will
also be funded with 2004 UASI Grant funds, even if a grant extension is required to
allow use of those resources, assuming the contract cannot be concluded before the
November 30, 2005, expiration of the grant. If the extension is not granted (which is not
likely), funding will be allocated from the next round of approximately $20 million of
UASI Grants just announced and scheduled to be released to Santa Ana and Anaheim
in 2005 or, alternately, from the COPS Technology grants identified in the beginning of
this report.
Contract Approval — Integrated Law & Justice Project
January 11, 2005
Page 4
CONCLUSION:
This report summarizes a lengthy and thorough process to identify the requirements
definition and bid specifications for a comprehensive data sharing and analysis program
to serve the Criminal Justice System in Orange County. The results of that process
were also thoroughly analyzed and as a result, we are requesting authorization to
approve the attached contract and award bid to Knowledge Computing Corporation for
Phase 1 and Phase 2 of the RMS Information Sharing Project in the amount of
$1,606,053 and funded from the Orange County ILJ UASI Grant Account #7017 -
C1820802. The Integrated Law & Justice Project Steering Committee has also
recommended approval of the bid award.
Environmental Review:
None required.
Funding Availability:
All funds required for this Project are Federal grant funds, authorized for expenditure
under the Santa Ana /Anaheim UASI Grant Program. Both the City Of Anaheim and the
City of Santa Ana have reviewed the proposed Contract between the City of Newport
Beach on behalf of the Orange County Integrated Law and Justice Steering Committee
and Knowledge Computing Company, and have concurred with the recommendation for
approval of the expenditure.
Submitted by:
Paul Hen'se , Ca i
Support Services Division
Attachments:
Approved by:
Bob McDonell
CHIEF OF POLICE
1. Proposed Contract with Knowledge Computing Company
2. UASI Sub - grantee Agreement with City of Anaheim
3. UASI Sub - grantee Agreement with City of Santa Ana
0
PROFESSIONAL SERVICES AND SOFTWARE LICENSE AGREEMENT
BETWEEN KNOWLEDGE COMPUTING CORPORATION AND
. THE CITY OF NEWPORT BEACH
THIS AGREEMENT is made and entered into as of this _ day of January, 2005, by
and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and
KNOWLEDGE COMPUTING CORPORATION, an Arizona State corporation, whose
principal place of business is 6601 East Grant Road, Tucson, AZ 85715 ( "Contractor'),
and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. Effective January 23, 2004, the City was designated as the lead agency and
grant administrator for the monies allocated by the federal government for the
Orange County Integrated Law and Justice Project ( OCILJ), a Countywide
effort and multi -phase project to integrate the diverse information systems of all
criminal justice agencies in the County, pursuant to a COPS MORE grant.
These grant monies are held by City on behalf of the OCILJ Steering
• Committee. The OCILJ Steering Committee, chaired by Chief of Police Bob
McDonell of Newport Beach, makes decisions on how these funds are
distributed.
C. The OCILJ Project Steering Committee seeks to procure services from a
responsible vendor to provide a technical and operational solution to enable the
Justice agencies in the County to share information with each other from their
records management systems and related databases, and to provide a set of
tools that can be used to analyze the data in those systems across
jurisdictional boundaries. This particular and critical phase of the OCILJ
Project is known as the "RMS /CMS Information Sharing Project," and is being
undertaken by the City of Newport Beach on behalf of the justice agencies in
Orange County, California.
D. The funds currently allocated under the COPS Office grant are insufficient to
implement the entire OCILJ Project and complete the RMS /CMS Information
Sharing Project phase. Santa Ana and Anaheim have received a grant entitled
"FY04 Urban Area Security Initiative" (UASI grant) from the Federal
Department of Homeland Security, Office of Domestic Preparedness, through
the State of California, Office of Homeland Security, to enhance Countywide
emergency preparedness.
11011 The OCILJ Project, especially the portion related to data sharing among
agencies within the County, will substantially enhance homeland security by
significantly improving the accessibility and speed of transfer of criminal justice
I
and suspect data between the justice agencies within the County, thus
improving investigative abilities and reducing the potential for terrorism or
terrorists to go undetected. Consequently, the Santa Ana and Anaheim Urban
Areas will fund through the FY2004 UASI grant a substantial portion of the
project that enables data and information sharing, as well as the data analysis
and intelligence tools in support of homeland security objectives.
E. The RMS /CMS Information Sharing Project (hereinafter the "Project ") includes
the supply of required computer software and hardware as well as integration,
implementation and training services. There are two objectives for the Project:
1, To enable sharing of data from justice agencies' records management
systems (RMS), case management systems (CMS) and related databases
across the County in support of enhanced homeland security and criminal
investigations.
2. To acquire and implement a set of data analysis /intelligence tools in
support of enhanced homeland security and crime - related investigations.
The Project is structured in two phases. Phase 1 is designed to establish the data
sharing solution and will enable the sharing of citation data from the Orange
County Superior Courts, five police records management systems (Newport
Beach, Irvine, Garden Grove, Brea, and the new release of the RMS System being
implemented to serve the West Covina Consortium, consisting of Cypress, Seal
Beach and other Orange County agencies that elect to be served by the •
Consortium), and the Orange County Sheriffs Department's RMS and LARS
(Local Arrest Records System, including their Mug -shot database) systems.
Search and analysis tools will be acquired and deployed to allow for the flexible
export of data as well as analysis within the provided toolsets.
Phase 2 involves the incorporation of the approximately 17 additional remaining
police RMS systems throughout the County and portions of the District Attorney
and Probation Department's CMS systems into the infrastructure of the Data
Solution System. Phase 2 will be performed by Contractor on an incremental,
work -order basis as agencies add their RMS system to the integration platform.
F. Contractor is a privately held corporation based in Tucson, Arizona that
specializes in developing knowledge management technology, particularly for
law enforcement entities. The company's product line includes the COPLINK
Solution Suite Software product, which provides law enforcement agencies with
advanced information search and analysis capabilities (hereinafter referred to
as the "Contractor Software" or "Software ").
G. City, as grant administrator for the OCILJ, solicited bids from interested
vendors and received a proposal from Contractor. City has reviewed the
previous experience and evaluated the expertise of Contractor, and desires to
retain Contractor to render professional services for the Project, and to provide •
the software and hardware components necessary to implement the Project,
under the terms and conditions set forth in this Agreement.
2
L�
H. Contractor possesses the skill, experience, ability, background, certification
and knowledge to provide the services described in this Agreement, and City
• desires to engage Contractor to provide these services.
I. Contractor has entered into a subcontracting agreement with Unisys to provide
the computer hardware necessary for the Project.
J. The principal member of Contractor for purposes of the Project shall be
Bradley Cochran, Deployment Manager for Knowledge Computing Corp.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM:
The term of this Agreement shall commence on the day of January 2005, and
for service under Phase 1, shall terminate on the 3P day of November 2005,
unless terminated earlier as set forth herein.
The term of this Agreement for services under Phase 2 shall begin upon the
successful completion and final acceptance by City of services performed under
Phase 1, and shall continue for a period of five years thereafter, unless terminated
earlier as set forth herein.
0 2. SERVICES TO BE PERFORMED:
Contractor shall diligently perform all the services in both Phase 1 and Phase 2
as described in and modified by this Agreement, the Scope of Work attached
hereto as Exhibit A, and in the Contractor's Proposal for a Records Management
System Data Sharing Solution dated September 15, 2004 (hereinafter the
"Proposal'), attached hereto as Exhibit B and incorporated herein by reference.
The City may elect to delete certain tasks of the services at its sole discretion.
Contractor shall warrant services performed and provide maintenance and
support services for a period of three (3) years from the date of final acceptance
of services performed under Phase 1 of this Agreement, and of individual
systems installed under Phase 2, according to the terms described in Exhibits A
and B.
2.1 Contractor agrees to provide, among other things, the latest release of the
COPLINK software available at the time of installation of the Project,
which shall include modifications of the Administrative Tools available to
audit COPLINK use to the satisfaction of City, by insuring they are
configured in such a way as to allow them to be interpreted by the casual
user of the system.
i2.2 Contractor agrees to provide City with the computer hardware to
implement the Project, which is described more fully in Appendix E of
3
Contractor's Proposal. City reserves the right to substitute the hardware
configuration specified by the Contractor in its Proposal with a comparable
manufacturer as part of final System Design discussions. •
2.3 Contractor agrees to provide what is described as "Coplink Light' software
for use in a mobile computing environment as part of this Agreement.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion according to the schedule outlined
in the Proposal. The failure by Contractor to perform the services by this
deadline may result in termination of this Agreement by City.
Notwithstanding the foregoing, Contractor shall not be responsible for delays due
to causes beyond Contractor's reasonable control. However, in the case of any
such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Contractor's
control. •
3.2 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
3.3 Contractor and City understand that Phase 2 will likely stretch over a
period of several years. RMS systems will be integrated into the final
system design as they come on line and stabilize, and the agencies that
own them are ready to embark on the integration. As agencies are ready
to add their RMS system to the final system platform, a work order will be
issued for one or more RMS systems. Work orders may overlap and
there may be lulls in implementation activity should agencies not be ready
to move their systems to the integrated environment.
4. COMPENSATION TO CONTRACTOR AND BILLING:
City shall pay Contractor for both Phase 1 and Phase 2 services on a fixed - price,
milestone basis in accordance with the provisions of this Section, the Scope of
Work attached as Exhibit A and the Proposal attached hereto as Exhibit B.
In no event shall Contractor's compensation exceed the total contract price of
One Million, One Hundred Twenty-Three Thousand, Nine Hundred Twenty- •
Seven Dollars and Seventy-Two Cents ($1,123,927.72) for Phase 1 of this
Project without additional authorization from City. Contractor agrees to accept
4
n
the specified compensation, as more fully set forth herein, as full compensation
and remuneration for all costs of services in Phase 1 of the Project, including direct
and indirect charges, supervision, labor, equipment, warranties, training,
machinery, travel costs, mileage and any other expenses incurred by Contractor.
No additional compensation for Phase 1 shall be made during the term of this
Agreement without the prior written approval of City.
Contractor agree to perform all Phase 2 work for an amount not to exceed the
amount of Four Hundred Eighty-Two Thousand, One Hundred Twenty-Five
Dollars and Twenty-Eight Cents ($482,125.28), which will be authorized by
City on a work -order basis, as provided herein.
4.1 Payment milestones for Phase 1 of the Project shall be as provided
below. Terms used are as defined in the Scope of Work:
4.2 Contractor shall submit invoices in accordance with the milestone
payment schedule outlined above. Contractor's invoices shall include the
name of agency /department where services were provided, a brief
description of the services performed and /or the specific milestone in the
Scope of Work to which it relates, the date the services were performed,
and a description of any reimbursable expenditures. City shall pay
Contractor no later than sixty (60) days after approval of the invoice by
City staff.
4.3 City shall reimburse Contractor only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Proposal and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement.
5
Milestone
Percent of Contract Value
1
Contract signing
5%
2
Acceptance of System Design Documents
10%
3
Installation and demonstration of hardware and
Coplink application (with a test database) in a
staging facility in Southern California or Arizona.
15%
4
Demonstration of successful search and analysis
on data from each system on system in Staging
Facility
3% per system to maximum
of 24% of contract value
5
Installation of system in OCILJ designated facility
10%
6
Preliminary Acceptance
10%
7
Provisional Acce ptance
10%
8
Final Acceptance
Balance of Contract Value
4.2 Contractor shall submit invoices in accordance with the milestone
payment schedule outlined above. Contractor's invoices shall include the
name of agency /department where services were provided, a brief
description of the services performed and /or the specific milestone in the
Scope of Work to which it relates, the date the services were performed,
and a description of any reimbursable expenditures. City shall pay
Contractor no later than sixty (60) days after approval of the invoice by
City staff.
4.3 City shall reimburse Contractor only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Proposal and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement.
5
4.5 Mutually agreed costs for Extra Work shall be added to the total contract
price for the applicable phase. Payment shall be incorporated into the
milestone payment schedule in the same percentages as outlined for the
original contract.
4.6 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the total Phase 1 contract price provided for in
this Agreement, no further payments shall be made until City has
accepted the final Phase 1 work under this Agreement.
4.7 Phase 2 will be contracted on a work -order basis as agencies add their
RMS system to the integration platform. Payments for Phase 2 work shall
be based on the Phase 2 pricing included in Exhibit B, Contractor's
proposal, and shall utilize a payment schedule with a milestone model as
documented above.
4.8 Contractor acknowledges and agrees that in no event shall City's general
fund monies be used to pay for services in either Phase 1 or 2 of the
Project. City is acting solely as the administrator of the COPS MORE
grant funds, which are held in trust by City on behalf of the OCILJ
Steering Committee. In the event these funds are inadequate to pay for
the costs of the Project, Contractor acknowledges and agrees that neither
City nor its general fund shall be required to make up the shortfall.
5. SOFTWARE LICENSE
Contractor hereby grants to City, a perpetual, non - exclusive and non-
transferable license to use for the internal business purposes of City and
participants in the OCILJ as designated by City any and all Contractor Software
provided to City under this Agreement in accordance with the terms and
conditions set forth in this Agreement.
6. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Bradley Cochran
to be its Project Manager. Contractor shall not remove or reassign the Project
Manager or any personnel listed in Exhibit B or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Contractor, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
0
6
1�
7. ADMINISTRATION
This Agreement will be administered by the Newport Beach Police Department.
Captain Paul Henisey shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator or his
authorized representative shall represent City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
8. CITY'S RESPONSIBILITIES
In order to assist Contractor in the execution of its responsibilities under this
Agreement, City agrees to, where applicable: Provide access to, and upon
request of Contractor, one copy of existing relevant information on file at City. City
will provide all such materials in a timely manner so as not to cause delays in
Contractor's work schedule.
9. STANDARD OF CARE
9.1 All of the services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
is employed by City, nor have any contractual relationship with City.
9.2 Contractor represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Contractor to practice its profession.
Contractor further represents and warrants to City that Contractor shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Contractor to practice its profession.
9.3 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City to
furnish timely information or to approve or disapprove Contractors work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
10. HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
7
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate, directly or indirectly, to any work performed or
services provided under this Agreement including, without limitation, defects in
workmanship or materials and /or design defects [if the design originated with
Contractor)) or Contractor's presence or activities conducted on the Project,
including the negligent and /or willful acts, errors and /or omissions of Contractor,
its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Contractor.
11. INDEPENDENT CONTRACTOR
i`41
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the work are under the control of Contractor, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Contractor or any of Contractor's employees or agents, to be the agents or
employees of City. Contractor shall have the responsibility for and control over
the means of performing the work, provided that Contractor is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Contractor as to the details of the performance or to
exercise a measure of control over Contractor shall mean only that Contractor
shall follow the desires of City with respect to the results of the services.
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies, cities and other governmental
entities that may have jurisdiction or interest in the work to be performed. City
agrees to cooperate with the Contractor on the Project.
13. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
8
0-
14. PROGRESS
Contractor is responsible for keeping the Project Administrator and /or his duly
authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
15. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of work, Contractor shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the CITY's Risk
Manager.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Contractor for City.
9
�3
ii. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Contractor shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Contractor arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Contractor.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Contractor's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
10
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
• officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days written notice has been
received by City.
F. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Contractor's performance under this Agreement.
G. Additional Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred, contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
. disposition of any of the issued and outstanding capital stock of Contractor, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Contractor is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Contractor. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint venture.
17. SUBCONTRACTING
City and Contractor agree that subcontractors may be used to complete the work
outlined in the Scope of Services. The subcontractors authorized by City to
perform work on this Project include Unisys, and are identified in Exhibit B.
Contractor shall be fully responsible to City for all acts and omissions of the
subcontractors.
Nothing in this Agreement shall create any contractual relationship between City
and subcontractor nor shall it create any obligation on the part of City to pay or to
see to the payment of any monies due to any such subcontractor other than as
otherwise required by law. Except as specifically authorized herein, the services to
be provided under this Agreement shall not be otherwise assigned, transferred,
contracted or subcontracted out without the prior written approval of City.
11
6
18
19.
OWNERSHIP/ INTELLECTUAL PROPERTY
(A) Contractor has created, acquired or otherwise has rights in, and may, in •
connection with the performance of services hereunder, employ, provide,
modify, create, acquire or otherwise obtain rights in, various concepts,
ideas, methods, methodologies, procedures, processes, know -how,
techniques, models, templates, the generalized features of the structure,
sequence and organization of software, user interfaces and screen
designs, general purpose consulting and software tools, utilities and
routines, and logic, coherence and methods of operation of systems
(collectively, "Contractor Technology'). To the extent that Contractor uses
any of its intellectual or other property in connection with the performance
of its services, Contractor shall retain all right, title and interest in and to
such' property, and, except for the license expressly granted, City shall
acquire no right, title or interest in or to such property.
(B) City has permanent ownership of all directly connected and derivative
materials first produced under this Agreement in connection with the
Services by Contractor for delivery to the City, excluding any Contractor
Technology contained therein. All documents, reports and other
incidental or derivative work or materials furnished hereunder shall
become and remain the sole property of the City and may be used by the
City as it may require without additional cost to the City. Contractor
without the express written consent of the City shall use none of the .
documents, reports and other incidental or derivative work or furnished
materials except in providing the Services hereunder. All materials,
documents, data or information obtained from City data files or any City
medium furnished to Contractor in the performance of this Agreement will
at all times remain the property of the City.
(C) City shall have the right to use the trademarks and name of Contractor,
but shall not have the right to use the names of the inventors of the
Contractor's Software without the written consent of the party whose
name is desired to be used.
COMPUTER DELIVERABLES
All system and project management documentation including (but not limited to:
design documents, as -built documentation, working papers, test results, training
materials and other written documents shall be delivered in hard copy and
transmitted to City in an electronic version using Microsoft Office Products,
including Microsoft Word, Excel and Project readable by City.
20. SOURCE CODE ESCROW
All application source code authored by the Contractor shall be placed in a source •
code escrow account acceptable to the City. All updates to the software provided
to the City and its assigns and agents shall be placed into the account as long as
12
14
the City and its assigns have a valid maintenance support arrangement with the
Contractor. In the event that the Contractor becomes insolvent or is found to be in
breach of its support agreement with the City, the City shall be given access to the
source code in escrow and shall have the right to contract with another vendor for
the ongoing maintenance and enhancement of its installation.
21. WARRANTY AND ONGOING MAINTENANCE SUPPORT
21.1 General Warranty: Contractor hereby represents and warrants for the
benefit of City that, for a period of 90 days from the date of final
acceptance, and after each update or revision thereof, all COPLINK
Software products and ETL (Extract/Transfer /Load) services will
substantially conform to the representations made in the Contractor's
Proposal. Equipment provided by Unisys as part of the subcontracting
Agreement between Contractor and Unisys is subject to standard Unisys
product warranties and licensing.
21.2 Warranty of Title: Contractor represents and warrants that it owns the
Software, or has a right to license the Software, as described in this
Agreement and Exhibit B.
21.3 Annual Maintenance Plan: Contractor shall maintain and support the
Software subject to the terms outlined in the Scope of Services, attached
hereto as Exhibit A. City has opted to purchase the three -year warranty
• package outlined in Contractor's Proposal.
21.4 Response Times: During the warranty period, the Contractor shall
provide 4 -hour on -site response to a system deficiency that affects 10 or
more workstations, or one server or impacts average transaction time by
more than 20 %. Staff must be available to respond Monday through
Friday from 8 am to 5 pm, Pacific Standard Time.
21.5 Routine Maintenance: During the warranty period, Contractor will visit
the site at least once every 12 weeks, and at that time verify that all
system components are operating within specifications and upgrade all
system components to the latest available software release. Operating
systems need not be upgraded as new releases are issued but all
maintenance patches available must be installed on the servers on the
monthly visits.
22. ACCEPTANCE OF DELIVERABLES
For each project deliverable, Contractor will present the OCILJ Project
Coordinator with a Deliverable Acceptance Statement. The project coordinator
should sign and return a copy of this form to the Unisys Project Manager. If the
OCILJ does not return a signed copy, or a written description of any perceived
deficiencies in the service within fifteen (15) days after receipt of the Deliverable
Acceptance Statement, then the services will be deemed accepted.
13
�1
23.
CONFIDENTIALITY
(A) Contractor agrees to maintain the confidentiality of its records pursuant to
all statutory laws relating to privacy and confidentiality as now in existence
or as hereafter amended or changed. "Confidential Information" shall
include criminal history information and records, Contractor's research
and development plans and reports, the computer code for the Contractor
Software (both source and object code), the functionality or manner of
operation of any computer code (including without limitation screen
designs and flows), or any other designs, techniques, methods,
specifications, drawings, sketches, processes, trade secrets, product
information, print -outs, formulae, samples, prototypes, systems and
components, marketing or promotional information, and any other
information marked confidential or accompanied by correspondence
indicating such information is confidential exchanged between the parties
hereto. All records and information concerning any and all matters
referred to Contractor by the City shall be considered and kept
confidential by Contractor and Contractor's staff, agents, subcontractors,
and employees. Information obtained by a party in the performance or
receipt of the Services under this Agreement ( "Confidential Information ")
shall be treated as confidential and shall not be used by the other party for
any purpose other than the performance or receipt of the Services under
this Agreement.
(B) Each party shall maintain the Confidential Information of the other party in
confidence using at least the same degree of care as it employs in
maintaining in confidence its own proprietary and confidential information,
but in no event less than a reasonable degree of care. Confidential
Information shall not include information which (i) shall have otherwise
become publicly available other than as a result of disclosure by the
receiving party in breach hereof, (ii) was disclosed to the receiving party
on a non - confidential basis from a source other than the disclosing party,
which the receiving party believes is not prohibited from disclosing such
information as a result of an obligation in favor of the disclosing party, (iii)
is developed by the receiving party independently of, or was known by the
receiving party prior to, any disclosure of such information made by the
disclosing party, or (iv) is disclosed with the written consent of the
disclosing party. A receiving party also may disclose Confidential
Information to the extent required by an order of a court of competent
jurisdiction, administrative agency or governmental body, or by any law,
rule or regulation, or by subpoena, summons or other administrative or
legal process.
(C) Contractor's employees assigned to this Project must meet character
standards as demonstrated by background investigation and reference
checks, coordinated by City. 0
14 1�
24. INTELLECTUAL PROPERTY INDEMNITY
The Contractor shall defend and indemnify City, its agents, officers,
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 Contractor's Deliverables and
specifications provided under this Agreement.
25. RECORDS
Contractor shall keep records and invoices in connection with the work to be
performed under this Agreement. Contractor shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Contractor shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Contractor under this
Agreement.
26. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Contractor shall not discontinue work as a result of such withholding. Contractor
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Contractor shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
27. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Contractor which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Contractor, the additional expense shall be borne by
Contractor. Nothing in this paragraph is intended to limit City's rights under any
other sections of this Agreement.
28. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
• City reserves the right to employ other consultants or contractors in connection
with the Project.
15
1�
29. CONFLICTS OF INTEREST
The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Contractor shall indemnify and hold
harmless City for any and all claims for damages resulting from Contractor's
violation of this Section.
30. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Contractor and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Contractor to City shall be addressed to City at:
Captain Paul Henisey •
Newport Beach Police Department
870 Santa Barbara Drive
Newport Beach, CA, 92658 -7000
(949) 644 -3650
Fax 644 -3693
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Mr. Thomas O'Neil
Vice President of Operations
Knowledge Computing Corporation
6601 East Grant Road
Tucson, AZ 85715
(520) 574-1519x118
Fax
31. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
16 40
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Contractor. In the event of
termination under this Section, City shall pay Contractor for services satisfactorily
performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination,
Contractor shall deliver to City all reports, Documents and other information
developed or accumulated in the performance of this Agreement, whether in
draft or final form.
32. COMPLIANCE WITH ALL LAWS
Contractor shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
33. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
34. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
35. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts, ambiguities or inconsistencies between this
Agreement, the Scope of Services and the Proposal or any other exhibits
attached thereto, the order of precedence in interpretation shall be as follows:
The terms of this Agreement shall govern first, the terms of the Scope of Work
shall govern second, and the terms of the Contractor's Proposal shall govern
third.
Is City specifically rejects and does not agree to the following provisions included in
Contractor's Proposal: Paragraphs 6, 8, 9, 10, 17 and 26 of Appendix H,
17
"Technical and General Assumptions." These provisions are not part of this
Agreement.
Each party and its counsel have participated fully in the review and revision of 10
this Agreement. Any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in interpreting this Agreement.
36. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Contractor and City and approved as to form by the City
Attorney.
37. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
38. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
39. EQUAL OPPORTUNITY EMPLOYMENT 0
Contractor represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
40. PUBLICATION AND PRESS RELEASES
Contractor shall have the right to issue a press release(s) that references the
Project immediately upon execution of this Agreement. City must approve the
press release(s) prior to issuance. Contractor may also publish general details
about any successful investigations that resulted from the use of its software
applications, subject to privacy and security law, regulations and policies. City
must approve any such references.
41. COUNTERPARTS
This Agreement may be signed in any number of counterparts.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above. 0
18
v
E
E
APPROVED AS TO FORM:
Robin Clauson, City Attorney
for the City of Newport Beach
Attachments:
CITY OF NEWPORT BEACH,
A Municipal Corporation
Steve Bromberg, Mayor
for the City of Newport Beach
CONTRACTOR:
13
Robert Griffin, President
Knowledge Computing Corporation
Exhibit A — Scope of Work
Exhibit B — Proposal for a Records Management System Data Sharing Solution,
dated September 15, 2004
F: users /cattshared /ag /ILK Knowledge Computing Corporation Contract.doc
19
�3
Exhibit A — Scope of Work
This section outlines the services, equipment, software and tools to be provided by the
Integrated Justice System Vendor in the execution of the contract. The services and
products described apply to the Integrated Justice System Search Tool, integrated data
system and Analysis Tools. For the purposes of the scope of work, the Orange County
Integrated Law & Justice Steering Committee considers all of these subsystems integral
parts of a single system, hereafter referred to as the OCILJ Data Sharing Solution.
The delivered system must meet the functional and technical requirements as detailed
in Section REQ, Requirements.
There are two components to the system. The first is an integration and data sharing
solution that extracts data from existing records management systems and makes that
information available to all participating agencies through a search user interface. The
second component is a set of analysis tools that allows staff from the various agencies
to manipulate and analyze the data extracted from the RMS, CAD and various other
systems that may be added to the overall integration solution over time.
For the purposes of this document, the scope of work may be divided into two phases.
Phase 1 includes full implementation of the OCILJ Data Sharing Solution (data
integration, search and analysis tools) including data integration of 3 -7 police agency
records management systems within Orange County and the court's citation database.
Phase 2 includes the addition of the remaining police agencies into the integrated
system and will be conducted on an incremental basis.
Provision and implementation of the analysis tools is expected to be completed in
Phase 1 of the project.
A number of team members from each justice agency will be involved with the overall
project. Actual team members will be selected at a later date, for the purposes of this
document they are referred to as the Orange County Integrated Law & Justice ( OCILJ)
Working Group. The members of this team will fluctuate with the project schedule,
depending on the timing of the work for a specific agency. The overall deciding body of
the project includes officials from all involved police and justice agencies, referred to as
the OCILJ Steering Committee.
The scope of work will include the integration of data from court's citation database and
a number of police agency records management systems; hereafter referred to as
Phase 1 sites that will implement solution. The following sites are currently being
considered for inclusion in Phase 1.
Phase 1 Sites:
No
Agency
Records Management System
1
Brea
Tiburon
2
West Covina Consortium
West Covina
3
Garden Grove PD
Custom RMS
4
Irvine
Intergraph
5
Newport Beach
Northrop Grumman PRC
6
Orange County Sheriff
Visionair
20
r
2q
•
7
Orange County Sheriff
Arrest and Booking System Mu shots
18
Orange County Superior
Court
OC Court's Citation Database
A final selection of Phase 1 sites will be determined at contract depending on the level
of cooperation required and achieved with the RMS vendor and pricing and budget
considerations. Vendors should base their pricing on the assumption that at least 3
Police RMS systems will be included in Phase 1.
Phase 2 Sites:
No
Agency
Records Management System
1.
Huntin ton Beach PD
Intergraph
2.
Fullerton PD
West Covina Services Group
3.
Westminster PD
Alliance PD, C run Corp.
4.
Tustin PD
West Covina Services Group
5.
Los Alamitos PD
West Covina Services Group
6.
Fountain Valley PD
West Covina Services Group
7.
Buena Park PD
Spillman
8.
La Palma PD
West Covina Services Group
9.
Santa Ana PD
Custom built
10.
La Habra PD
West Covina Services Group
11.
Oran a PD
Visionair RMS 3.0.5
12.
Costa Mesa PD
Motorola PrinTrak
13.
Anaheim PD
Currently in procurement
14.
Placentia PD
15.
Laguna Beach
West Covina Services Group
While Phase 1 sites will have their data shared in Phase 1, all of the participating justice
agencies will be able to search, view and analyze the shared data during Phase 1.
SOW 1 — General
SOW1 -1 Location of Work
The primary work location shall be in facilities provided by the Orange County
Integrated Law & Justice agencies in the State of California. The Vendor can
complete much of the work in their own facilities. However, all requirements
workshops, project management meetings, training and integration and
acceptance testing shall occur at the Primary Work Location. These
requirements are applicable to both Phase 1 and Phase 2.
SOW1 -2 Vendor Project Manager
The Vendor shall assign a Vendor Project Manager to this project. The Vendor
Project Manager will be the single point of contact responsible for all work
undertaken by the Vendor. The Vendor Project Manager shall be on site in
. Orange County as needed through the duration of the project. During
implementation and up to provisional acceptance the Vendor Project Manager
must be on site in Orange County at least 4 days every two weeks unless agreed
to by the OCILJ Project Manager. At no time during the project, shall the project
21 -6
manager be on site less than 2 days in a calendar month. These requirements
are applicable to both Phase 1 and Phase 2.
SOW1 -3 System Staff on Site Support 0
For Phase 1, programmers and systems specialists capable of making any
required changes to the system shall be on site on a full time basis for the
duration of system integration testing, and on a half time basis through to
provisional acceptance of Phase 1. Support personnel capable of restoring the
system shall be available within 4 hours through Final Acceptance of the system.
The same requirements apply to Phase 2 incremental projects.
SOW 2 — Services
SOW2 -1 Inception
For Phase 1, the Vendor shall meet with the Orange County Integrated Law &
Justice project management as often as necessary over the period of 3 weeks to
finalize the project plan, schedule initial meetings and workshops and agree and
document project processes, procedures and reporting systems. For costing
purposes, the Vendor should expect to meet onsite at least 3 days per week.
For Phase 2, the Vendor shall meet with the Orange County Integrated Law &
Justice project management as often as necessary, for each RMS system to be
integrated, to finalize the project plan, schedule initial meetings and workshops
and agree and document project processes, procedures and reporting systems.
For costing purposes, the Vendor should expect to meet for 3 days for each site. •
This meeting period will commence within 3 weeks of the vendor being notified
that OCILJ wishes to add an RMS system to the integration solution.
Requirements for the number of days spent onsite for the Inception services are
included here for cost purposes. Actual time requirements for Inception services
may vary.
SOW2 -2 Site Surveys
In conjunction with the inception meetings, the Vendor shall visit all sites
included in the phase and work with technical personnel at that agency as well
as the agency's RMS vendor to fully validate their approach and design for
integration with the data at that site. During these visits the Vendor shall
determine the installation requirements for the OCILJ Data Sharing Solution
components to be installed and the suitability of the facilities and infrastructure of
the sites to house the system and associated equipment. The findings of these
examinations will be compiled by the Vendor and submitted to the OCILJ
Steering Committee. OCILJ police agencies will implement physical plant
electrical and network facilities to support the system based on the report
provided by the Vendor.
SOW2 -3 Requirements Validation Workshops
The Vendor shall conduct requirements validation workshops to walk through all •
of the Orange County Integrated Law & Justice requirements and determine the
required configuration details. Workshops will need to be held for each site that
22 15D
will be included in the OCILJ Data Sharing Solution. Logistics for the workshops
shall be managed by the Orange County Integrated Law & Justice team
members. These requirements are applicable to both Phase 1 and Phase 2.
SOW2 -4 System Design Documentation
Following the requirements validation workshops the Vendor shall develop
design documents detailing the configuration and any custom development. The
documentation must be detailed enough for reviewers to understand the function
and appearance of all screens. This documentation shall be submitted to the
OCILJ Steering Committee for a 1 week review period. During the review period
the Vendor shall update the project plan to reflect the configuration and
customization effort. Following the OCILJ Steering Committee's review, the
Vendor and the OCILJ Working Group shall finalize the design documents and
project schedule. These requirements are applicable to both Phase 1 and
Phase 2.
SOW2 -5 Development and Customization
The Vendor shall perform the customizations outlined in the finalized System
Design Documentation described above. These requirements are applicable to
both Phasel and Phase 2.
SOW2 -6 Configuration
The Vendor shall undertake all configuration of the data sharing application, the
Search Tool, and Analysis Tools to meet the requirements as defined in the
workshops and design documentation. These requirements are applicable to
both Phase 1 and Phase 2.
SOW2 -7 Interfaces
The Vendor shall be responsible for implementing all aspects of the interfaces
described in the requirements. The Vendor will be responsible for implementing
the legacy system end of the interfaces, working with OCILJ staff to understand
technical interface requirements and for liaising with RMS vendors to facilitate
interfaces with OCILJ RMS's. As appropriate, the Vendor will utilize existing
OCILJ relationships with RMS vendors. Each OCILJ agency intends to provide
support for establishing relationships with RMS vendors and building the
interfaces for this project, but that support may not always be guaranteed. In
cases where select police agency Records Management System vendors do not
allow direct alterations for interfaces, the Vendor will liaise with RMS vendors for
the creation of required interfaces. These requirements are applicable to both
Phase 1 and Phase 2.
SOW2 -8 Integration
Primary integration of the solution with outside systems will be the
responsibilities of the Vendor. The Vendor shall be fully responsible for full
integration of the data sharing solution with the Search tool, Analysis Tools and
current police agency RMSs. The Vendor will also be responsible for integrating
• the Data Sharing Solution with the ELETE system and the Orange County
Court's citation database. The Vendor shall actively work with Orange County
police agencies and courts, their staff, and any other contractors employed by
23
2�
justice agencies within the county to support the integration of the Records
Management Systems. These requirements are applicable to both Phase 1 and
Phase 2. .
In some cases, the Data Sharing project team may experience problems with the
integration, such as a lack of cooperation from an RMS vendor. OCILJ and the
Vendor will utilize all reasonable resources to resolve integration problems.
However, if the problem persists or the solution is cost - prohibitive, OCILJ
reserves the right to change the sites that will be part of Phase 1.
SOW2 -9 Server Installation
The Vendor will work with OCILJ agencies to understand existing infrastructure
available for use on this project. In the event that more servers are required, the
Vendor shall install, configure, test and commission all server equipment and
infrastructure required to support the system. The development server shall be
installed and commissioned at the Primary Work Location prior to acceptance of
the System Design Documentation by the OCILJ Steering Committee. The
production environments must be installed and commissioned 8 weeks prior to
commencement of Data Sharing Solution Testing. In a number of cases, several
police agencies may already own adequate hardware and server software. This
hardware will be identified in Inception. These requirements are applicable to
both Phase 1 and Phase 2.
SOW2 -10 Workstation Software Installation
Systems that require the installation of workstation software are discouraged. In
the event that a vendor solution requires workstation specific software be
installed, the Vendor shall install all workstation software to support the
application including any client application software. The Vendor can assume
that Microsoft Windows NT, XP, 2000, 2003 and all standard Windows
components already exist on all workstations, including Internet Explorer. These
requirements are applicable to both Phase 1 and Phase 2.
During Phase 1, up to 500 workstations at up to 10 different locations may be
required. During Phase 2, the Vendor should assume that an average of 100
workstations will be required for each additional RMS system incorporated into
the solution.
SOW2 -11 Project Management
The Vendor Project Manager shall maintain a detailed schedule of activities for
his /her team and update the schedule on a weekly basis until Provisional
Acceptance of the system. The updated schedule shall, along with progress
reports, be forwarded to the OCILJ Project Manager on a weekly basis. The
Vendor Project Manager shall present the current status of the work at a meeting
in Orange County every 2 weeks through the life of the project.
Progress reports shall include a table listing all delivery milestones along with the
originally scheduled date and the current target date and the number of changes
to the date.
24 z8
The Project Management requirements are applicable to both Phase 1 and
10 Phase 2.
SOW 3 — Equipment and Software
SOW3 -1 Complete Solution
The Vendor shall offer a complete solution including all hardware and software
required to operate the production system. The Integrated Justice Working
Group has a number of Windows 2000 servers and Microsoft SQL Server
licenses. During negotiations and design, discussions will be undertaken to
determine if the solution can be operated on the Group's existing infrastructure.
SOW3 -2 Primary Server and Infrastructure Environment
The Vendor shall provide, deliver, install, configure and test the complete
production server hardware and software environment in the selected data
center location. All warranty and licensing agreements associated with this
infrastructure must be in the name of the OCILJ Working Group or their
designate.
SOW3 -3 Development/ Test Server Environment
The Vendor shall consult with the OCILJ Working Group and Steering
Committee to ascertain the availability of development and test servers. If new
equipment will be required, the Vendor shall provide, deliver, install, configure
. and test the complete development server hardware and software environment
in the selected data center location. All warranty and licensing agreements
associated with this infrastructure must be in the name of the OCILJ Working
Group or their designate. The Development and Test environment will be used
by Vendor personnel to configure and do preliminary testing of the system prior
to commissioning. The system must be sized to support the development and
configuration that will be performed by the Vendor and must scale to the
requirements for Phase 2.
SOW3 -4 Development Workstations
The Vendor shall determine the number of required development workstations in
the inception phase of Phase 1. The Vendor shall provide, deliver, install,
configure and test the development workstations and a development local area
network infrastructure to be used by Vendor personnel. After the completion of
Phase 1, the development workstations will continue to be used for Phase 2.
Any additional workstation requirements for Phase 2 will be determined in the
Phase 2 inception phase. All warranty and licensing agreements associated with
this infrastructure must be in the name of the Orange County Integrated Law &
Justice Working Group or their designate.
SOW3 -5 User Workstations
The Vendor shall provide specifications for user workstations as outlined in the
. submission requirements. If additional or altered specifications are created as a
result of changes for Phase 2 implementation, the Vendor will reissue
specifications for user workstations.
25
10
SOW3 -6 System Software
The Vendor shall provide, deliver, install, configure and test all Data Sharing
Solution system software. The Vendor will be responsible for installing any client
software that is required other than standard browsers on all workstations at
Phase 1 sites and Phase 2 sites. All warranty and licensing agreements
associated with this infrastructure must be in the name of the Orange County
Integrated Law & Justice Working Group or their designate.
SOW3 -7 Data Integration and Web Development Tools
The Vendor's responsibilities in this area are limited to providing the applications
configuration and web development tools used to meet the requirements of the
Data Sharing Solution defined in the System Design Documentation, and
providing training and documentation on any proprietary products and tools
supplied.
SOW3 -8 Third Party Software
The Vendor shall provide, deliver, install, configure and test all third party
software that is required to support the operation of the Data Sharing Solution on
all of the server components as well as any items that are required other than
those provided with Microsoft Windows XP /NT/2000/2003 or later operating
systems on the workstations. All warranty and licensing agreements associated
with this software must be in the name of the Orange County Integrated Law &
Justice Working Group or their designate. •
SOW3 -9 System Management Software
The Vendor shall provide, deliver, install, configure and test all software that is
required to effectively manage the server infrastructure and the applications. All
warranty and licensing agreements associated with this software must be in the
name of the Orange County Integrated Law & Justice Working Group or their
designate.
SOW 4 — Acceptance and Testing
SOW4 -1 Acceptance
Acceptance of the Data Sharing Solution shall be conducted in a multistage
process in Phase 1 and Phase 2.
SOW4 -2 Preliminary Acceptance
Preliminary Acceptance shall be granted following the acceptable completion of
Data Sharing Solution Testing and clearance of all deficiencies identified during
Data Sharing Solution Testing. These requirements are applicable to both
Phase 1 and Phase 2.
SOW4 -3 Provisional Acceptance
Provisional Acceptance shall be granted following the acceptable completion of
user acceptance testing and clearance of all deficiencies identified during user
acceptance testing.
26 -�p
SOW4 -4 Final Acceptance
Final Acceptance in Phase 1 shall be granted after 16 weeks of operation
without a system outage affecting more than 10 workstations or reducing system
throughput by more than 20 %. Final Acceptance in Phase 2 will follow similar
guidelines but will be staggered, according to the project schedule.
SOW4 -5 Data Sharing Solution Testing
This testing shall be conducted on each site Production System, prior to the
commencement of system Integration Testing. If the solution consists of one
central system for all sites, this testing will consist of individual testing for each
site. The Vendor shall be responsible for developing and submitting a testing
plan for approval by the OCILJ Steering Committee at least 4 weeks prior to
commencing the testing. This testing shall completely test the operation of the
Data Sharing Solution at /for each site. The testing shall also include load testing
that confirms satisfactory operation with 100 concurrent users simulated. In
addition to the testing proposed by the Vendor, the OCILJ Working Group may
submit additional tests that must be completed by the vendor. Requirements for
Data Sharing Solution Testing are applicable to both Phase 1 and Phase 2.
SOW4 -6 System Integration Testing
System integration testing shall be conducted by the Vendor. The testing shall
be conducted on the Production system prior to the commencement of training
or user acceptance testing. The testing shall exercise all integration points and
interfaces. The Vendor's primary responsibilities during this testing will be
verifying operation of the Data Sharing Solution for all Phase 1 sites and
repeating the system load test on the production system with all Phase 1
interfaces active. For Phase 2, system integration testing will also be conducted
by the Vendor. The manner in which System Integration Testing will be
conducted in Phase 2 will be determined in the Inception Phase.
SOW4 -7 User Acceptance Testing
User Acceptance Testing shall be conducted following the System Integration
Testing on the Production System. The testing will be conducted by the Vendor.
The Vendor shall have personnel on site throughout the testing to address
deficiencies and operational issues that arise. User acceptance testing will only
be performed in Phase 1. However, if changes are introduced into the system as
part of Phase 2 implementation, a subset user acceptance testing phase will be
conducted.
SOW 5— Training
SOW5-1 General Training Philosophy
The Vendor shall develop and conduct all primary system training. Train the
trainer courses shall not be used to train users for initial system startup. The
OCILJ Working Group shall provide training rooms with furniture and network
connection to the production server location. The OCILJ Steering Committee will
designate between 2 and 10 personnel that will become staff trainers following
acceptance of the system. These personnel will work with the Vendor to provide
27
input into the operational aspects of the training materials and will be the primary
reviewers of the training materials. They will also sit in the courses as instructor
trainees to develop an understanding for how the material should be delivered.
For Phase 2, training will be conducted by the OCILJ staff trainers.
SOW5-2 User Training
The Vendor shall develop and deliver a primary user training course to up to 100
users. Two classes shall be conducted simultaneously in 20 person classrooms.
The curriculum must be sufficient to allow users with a basic understanding of
the police agency's business to become proficient in the use of the system to
conduct their day to day activities.
SOW5-3 Administrator Training
The Vendor shall develop and conduct a course suitable for system
administrators. This course will be delivered two times in classes of up to 5
people. This course should contain detailed explanations of the technical
administration of the Data Sharing Solution, including management of security.
This service will primarily be provided as part of Phase 1. However, should a
significant number of administrator resources be identified in Phase 2, additional
administrator training courses may be required.
SOW 6 — Documentation
SOW6 -1 General Documentation
The Vendor shall provide complete product documentation (such as standard is
docs that accompany a purchased server computer) for all software and
hardware components provided to the OCILJ Working Group as part of this
contract. This requirement is applicable to Phase 1 and Phase 2 work.
SOW6 -2 Data Sharing Solution Systems Documentation
Two hard copies and one electronic copy of all Data Sharing Solution system
documentation shall be provided in Phase 1. If changes to the Data Sharing
Solution systems documentation result from work performed in Phase 2, two
hard copies and one electronic copy of updated Data Sharing Solution systems
documentation will be provided in Phase 2. Data Sharing Solution systems
documentation includes all project planning and execution deliverables.
SOW6 -3 User Documentation
The Vendor shall provide all user documentation in an electronic format
simultaneously accessible to all users in or affiliated with OCILJ police agencies.
The documentation must be sufficiently detailed and complete so that a
computer literate user could use it to learn all functions of the system.
The documentation must incorporate instructions on how to use all features
customized and configured for this installation.
The documentation available after Phase 2 implementation or an incremental
implementation in Phase 2 will reflect any changes resulting from Phase 2 work.
28
2 "L
SOW6 -4 Training Documentation
The vendor shall create two user manuals, one for using the Search Tool and
another for using the Analysis Tools. Each training manual must be a
substantive document that provides material for training all functionality within
the solution. These training manuals must be approved by the project
management prior to being released to end users. The Vendor shall provide at
least 30 copies of each training manual to be distributed to personnel as they
receive training on the use of the system. The Vendor shall also provide the
OCILJ Working Group with editable electronic versions of these manuals in order
that they may be updated and additional copies made for future training of new
employees.
The manuals must include a quick reference section that users may use on an
ongoing basis as well as training exercises, examples of functions and
instructions for basic operation of the system. It is expected that these quick
references will be a supplement or subset of the online training materials
specified above.
Should changes to the training documentation be required as a result of Phase 2
changes, the Vendor shall provide 50 updated copies of a training manual to the
OCILJ Working Group.
SOW6 -5 Technical Documentation
The Vendor shall provide 2 sets of all hardware and third party software technical
documentation for each site on which these items are installed. The Vendor
shall provide 2 sets of technical documentation describing configuration,
database mapping integration techniques, systems management and technical
support procedures for the Data Sharing Solution for each site. These
requirements apply to both Phase 1 and Phase 2. If changes to the technical
documentation result from Phase 2 work, and those changes are applied to the
Phase 1 implementation, updated technical documentation will be provided to
the Phase 1 sites.
SOW6 -6 Database Documentation
Wherever databases are established or significant work is done understanding
existing databases, the Vendor shall compile documentation on the database
structure and schema suitable to support ongoing support and further extension
and expansion of these databases. This documentation shall be left with the
OCILJ Working Group for use as they see fit in the ongoing operation,
maintenance and expansion of the system.
SOW6 -7 Data Mapping Documentation
Data originating from each data source will be transformed (if required) and
mapped to a corresponding Global Justice XML defined element. The Vendor
must create and maintain documentation for each data source that includes the
database fields mapped to the GJXML fields and the required transformations.
This documentation will be a living document, and will continue to be updated as
29
3�
the project progresses. Over time, ownership of the documentation will pass to
the OCILJ Working Group. The exact dates will be determined at a later date.
SOW 7 — Warranty and Ongoing Maintenance Support
SOW7 -1 Warranty Support
A system and installation warranty must be provided as part of the purchase of
the system. Options for a one year and a three year warranty are required as
part of the pricing submission.
SOW7 -2 Warranty Components
In addition to standard warranty provisions, for the purposes of this project,
warranty is defined to include:
• Annual software licensing during the warranty period
• Telephone support
• On site callout based outage support
• Periodic preventative maintenance and monitoring visits
• Upgrades to the latest version of application software as part of
preventative maintenance
SOW7 -3 Response times
During the warranty period the Vendor shall provide 4 hour on site response to a
system deficiency that affects 10 or more workstations, or one server or impacts
average transaction time by more than 20 %. Staff must be available to respond
Monday through Friday from 8 am to 5 pm.
SOW7 -4 Routine Maintenance
During the Warranty period, the Vendor will visit the site at least once every 12
weeks, and at that time verity that all system components are operating within
specifications and upgrade all system components to the latest available
software release. Operating systems need not be upgraded as new releases are
issued but all maintenance patches available must be installed on the servers on
the monthly visits.
SOW7 -5 Phase 2 Warranty Considerations
For Phase 2, and each site that is integrated into the Data Sharing Solution, the
Vendor shall offer options for 1year or 3 year warranties as outlined for Phase 1.
No additional routine maintenance site visits are required as part of the Phase 2
warranties.
SOW7 -6 Ongoing Maintenance Support
The Vendor is expected to offer a range of ongoing support options for the
OCILJ Steering Committee's consideration in the event that the Steering
Committee opts to not select the 3 year warranty. One of those options may be
a full on -site support option.
SOW 8 — Work Not Included 9
30 3a
The OCILJ police agencies have information technology groups and have been using
• the services of various consultants to serve the justice community for some time. The
following services associated with this project will be undertaken by a combination of
separate consultants and the OCILJ police agency information technology personnel
and are not the responsibility of the Vendor.
SOW8 -1 Change Management Program
The Vendor is not responsible for implementing or operating a change
management or stakeholder communications program. These activities will be
undertaken by OCILJ and its consultants.
SOW8 -2 Networking Facilities
The OCILJ Working Group will implement all local and wide area network
facilities other than those specifically requested in the Scope of Work. The
Vendor's responsibilities are limited to specifying the improvements required to
network infrastructure during proposal submission and as a result of the design
effort and site visits.
SOW8 -3 Physical Plant and Electrical Service
The OCILJ Working Group will implement all physical plant and electrical
services based on the requirements the Vendor presents as a result of the site
visits.
SOW 9 — Proposal Revisions
Through the evaluation process a number of items were reviewed and as a result, the
following will apply:
SOW9 -1 Revised Hardware Solution
The CONTRACTOR will provide an alternate hardware solution as outlined
below as a replacement for the Unisys Server initially proposed.
Revised Hardware Solution to be delivered by KCC / Unisys
SOW9 -2 Enhanced System Audit Functionality
The CONTRACTOR will enhance their system audit functionality in conjunction
with this project. The new functionality will include a plain language explanation
of each transaction (search) conducted as well as a hyperlink that will
immediately reproduce that transaction and display the result set to the user. It
is understood that the result set will be based on data current in the system at
• time of execution.
31 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AGREEMENT TO TRANSFER OR PURCHASE EQUIPMENT OR SERVICES
Including Services and Technology Specifically Required Under the
INTEGRATED LAW AND JUSTICE PROJECT
FOR FY04 URBAN AREA SECURITY INITIATIVE (UASI)
THIS AGREEMENT is entered into this day of
2005, which
date is enumerated for purposes of reference only, by and between the CITY OF ANAHEIM, a
municipality of the State of California, hereinafter referred to as "CITY ", and the CITY OF Newport
Beach, acting as Lead Agency for the Orange County Integrated Law and Justice (IL &J) project,
hereinafter referred to as " SUBGRANTEE."
WHEREAS, CITY, acting through the Anaheim Police Department in its capacity as the Core
City for the Anaheim Urban Area under the FY04 Urban Area Security Initiative, has applied for,
received and accepted a grant entitled "FY04 Urban Area Security Initiative" from the federal
Department of Homeland Security, Office of Domestic Preparedness, through the State of California,
Office of Homeland Security, to enhance countywide emergency preparedness, hereinafter referred to as
"the grant," as set forth in the grant guidelines that are attached hereto as Attachment A and incorporated
herein by reference.
WHEREAS, the terms of the grant require that CITY use certain grant funds to purchase, or
reimburse SUBGRANTEE for the procurement of, equipment, technology or services that will be
transferred to SUBGRANTEE to be used for grant purposes, including the transfer of technology to
Orange County Police Agencies under the Urban Area Security Initiative.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. Effective January 23, 2004, SUBGRANTEE was designated as the lead agency and grant
administrator for the monies allocated by the federal government for the Orange County Integrated Law
and Justice Project (ILJ), a countywide effort and multi -phase project to integrate the diverse
information systems of all criminal justice agencies in the county pursuant to a COPS MORE grant,
These grant monies are held by SUBGRANTEE on behalf of the ILJ Steering Committee. The ILJ
I
• 2
3
4
5
6,
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Steering Committee, chaired by Chief of Police Bob McDonell of Newport Beach, makes distribution of
these funds and decisions on how they are expended.
2. The funds allocated under the COPS Office grant are insufficient to implement the entire
IL &J project, thus the Santa Ana and Anaheim Urban Areas will fund the portion of the project that
enables data and information sharing, as well as the data analysis and intelligence tools in support of
I homeland security objectives. In no case will the UASI funds supplant the COPS Office grant funds.
3. The ILJ Project Steering Committee seeks to procure services from a responsible vendor
to provide a technical and operational solution to enable the justice agencies in the county to share
information with each other from their records management systems and related databases, and to
provide a set of tools that can be used to analyze the data in those systems across jurisdictional
boundaries. This particular and critical phase of the ILJ Project is the "RMS /CMS Information Sharing
Project," and is being undertaken by the City of Newport Beach (SUBGRANTEE) on behalf of the
justice agencies in Orange County, California.
4. The RMS /CMS Information Sharing Project includes the supply of required computer
software and hardware as well as integration and implementation services. In an effort to ensure that
Orange County law enforcement agencies are able, to the greatest extent possible, prevent, deter and
effectively respond to potential acts of terrorism and crime, there are two objectives for the project:
a. To enable sharing of data from records management systems (RMS), case management
systems (CMS) and related databases across the County.
b. To acquire and implement a set of data analysis/intelligence tools in support of enhanced
homeland security and crime related investigations.
c. The project is structured in two phases. Phase 1 is designed to establish the solution and
will enable the sharing of the Court's citation data, five police RMS systems (Newport
Beach, Irvine, Garden Grove, Brea, and the new release of the RMS System being
implemented to serve the West Covina Consortium consisting of Cypress, Seal Beach
and others), and the Orange County Sheriff's Department RMS and LARS (Local Arrest
Records System, including their Mug -shot database). Search and analysis tools will be
acquired and deployed to allow for the flexible export of data as well as analysis within
OA
��r
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
the provided toolsets. Phase 2 involves the incorporation of the approximately 1
additional remaining Police RMS systems and portions of the District Attorney and tt
Probation CMS systems into the infrastructure. Phase 2 will be contracted on a work
order basis as agencies add their RMS system to the integration platform.
5. Depending upon the agreement, City may transfer to SUBGRANTEE, or
SUBGRANTEE shall purchase, the equipment or services as specified in Attachment B hereto, in
accordance with grant guidelines and in full compliance with all of the subgrantee's purchasing and
bidding procedures.
6. Throughout its useful life, SUBGRANTEE shall use any equipment acquired with grant
funds only for grant purposes, and shall make it available for mutual aid response.
7. SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired
with grant funds from damage or destruction and shall provide regular maintenance and such repairs for
said equipment as are necessary, in order to keep said equipment continually in good working order.
Such maintenance and servicing shall be the responsibility of subgrantee and other participating criminal
justice agencies, who shall assume full responsibility for maintenance and repair of the equipment
throughout the life of said equipment.
8. If equipment acquired with grant funds becomes obsolete, SUBGRANTEE shall dispose
of it only in accordance with the instructions of CITY or the agency from which CITY received the
grant funds.
9. Upon receipt of an invoice for a purchase of any equipment or services as specified in
Attachment B, SUBGRANTEE shall submit the invoice to the CITY as soon as practical, but in no
event later than 30 days after receiving it.
10. SUBGRANTEE understands that the CITY shall have 60 days to reimburse
SUBGRANTEE upon receipt of the invoice, or longer if the Office of Homeland Security takes longer
to issue payment to the CITY.
11. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound
by all applicable provisions of the Attachments hereto and shall be fully responsible for payment
items purchased that do not adhere to grant guidelines.
9
1 12. SUBGRANTEE agrees to indemnify, defend and save harmless CITY and the agency
2 from which CITY received grant funds, and their officers, agents and employees from any and all claims
3 and losses accruing or resulting to any and all contractors, subcontractors, laborers, and any other
4 person, firm or corporation furnishing or supplying work services, materials or supplies in connection
5 with SUBGRANTEE's performance of this Agreement, including the Attachments hereto, and from any
6 and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or
7 damaged by SUBGRANTEE in the performance of this Agreement, including the Attachments hereto.
8 13. No alteration or variation of the terms of this Agreement shall be valid unless made in
9 writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or
10 agreement not incorporated herein shall be binding on any of the parties hereto.
11 14. SUBGRANTEE may not assign this Agreement in whole or in part without the express
12 written consent of CITY.
13 15, For a period of three years after final delivery hereunder or until all claims related to this
14 Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all
15 documents, papers and records relevant to the equipment acquired in accordance with this Agreement,
16 including the Attachments hereto. For the same time period, SUBGRANTEE shall make said
17 documents, papers and records available to CITY and the agency from which CITY received
18 Grant funds or their duly authorized representative(s), for examination, copying, or mechanical
19 reproduction on or off the premises of SUBGRANTEE, upon request during usual working hours.
20 16. SUBGRANTEE shall provide to CITY all records and information requested by CITY
21 for inclusion in quarterly reports and such other reports or records as CITY may be required to provide
22 to the agency from which CITY received grant funds or other persons or agencies.
23 17. CITY may terminate this Agreement and be relieved of the delivery of any consideration
24 to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in this
25 Agreement, including the Attachments hereto, at the time and in the matter herein provided, or b) CITY
26 loses funding under the grant.
. 27
28
4
1
2
3
4
5
6
7
8'
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
MR
18. SUBGRANTEE and its agents and employees shall act in an independent capacity in the
performance of this Agreement, including the Attachments hereto, and shall not be considered officer
agents or employees of CITY or of the agency from which CITY received grant funds.
19. SUBGRANTEE and its officers, agents, employees shall abide by all applicable federal,
State and local laws, including all applicable statutes, regulations, executive orders and ordinances.
IN WITNESS WHEREOF, the parties have executed this Agreement in the City of Anaheim.
County of Orange, State of California.
ATTEST: CITY OF ANAHEIM, a municipal
Corporation of the State of California
Sheryll Schroeder
Clerk of the Council
RECOMMENDED FOR APPROVAL:
By:
John Welter
Chief of Police
APPROVED AS TO FORM:
Christina Talley
Assistant City Attorney
David Morgan
City Manager
SUBGRANTEE
City of Newport Beach, Police Department
M
Bob McDonell, Chief
Newport Beach Police Department
02
3
4
5
6
7
8
9
10
11
12
13
14
915
16
17
18
19
20
21
22
23
24
25
26
27
28
AGREEMENT TO TRANSFER OR PURCHASE EQUIPMENT OR SERVICES
Including Services and Technology Specifically Required Under the
INTEGRATED LAW AND JUSTICE PROJECT
FOR FY04 URBAN AREA SECURITY INITIATIVE (UASI)
THIS AGREEMENT is entered into this day of
2004, which
date is enumerated for purposes of reference only, by and between the CITY OF SANTA ANA, a
municipality of the State of California, hereinafter referred to as "CITY ", and the CITY OF Newport
Beach, acting as Lead Agency for the Orange County Integrated Law and Justice (IL &J) project,
hereinafter referred to as " SUBGRANTEE."
WHEREAS, CITY, acting through the Santa Ana Police Department in its capacity as the Core
City for the Santa Ana Urban Area under the FY04 Urban Area Security Initiative, has applied for,
received and accepted a grant entitled "FY04 Urban Area Security Initiative" from the federal )
Department of Homeland Security, Office of Domestic Preparedness, through the State of California,
Office of Homeland Security, to enhance countywide emergency preparedness, hereinafter referred to as
"the grant," as set forth in the grant guidelines that are attached hereto as Attachment A and incorporated
herein by reference.
WHEREAS, the terms of the grant require that CITY use certain grant funds to purchase, or
reimburse SUBGRANTEE for the procurement of, equipment, technology or services that will be
transferred to SUBGRANTEE to be used for grant purposes, including the transfer of technology to
Orange County Police Agencies under the Urban Area Security Initiative.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
Effective January 23, 2004, SUBGRANTEE was designated as the lead agency and grant
administrator for the monies allocated by the federal government for the Orange County Integrated Law
and Justice Project (ILJ), a countywide effort and multi -phase project to integrate the diverse
information systems of all criminal justice agencies in the county pursuant to a COPS MORE grant.
These grant monies are held by SUBGRANTEE on behalf of the ILJ Steering Committee. The ILJ
1
`A
3
H
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Steering Committee, chaired by Chief of Police Bob McDonell of Newport Beach, makes distribution of
these funds and decisions on how they are expended.
2. The funds allocated under the COPS Office grant are insufficient to implement the entire
IL &J project, thus the Santa Ana and Anaheim Urban Areas will fund the portion of the project that
enables data and information sharing, as well as the data analysis and intelligence tools in support
homeland security objectives. In no case will the UASI funds supplant the COPS Office grant funds.
3. The ILJ Project Steering Committee seeks to procure services from a responsible vendor'
to provide a technical and operational solution to enable the justice agencies in the county to share
information with each other from their records management systems and related databases, and to
provide a set of tools that can be used to analyze the data in those systems across jurisdictional
boundaries. This particular and critical phase of the ILJ Project is the "RMS /CMS Information Sharing
Project," and is being undertaken by the City of Newport Beach (SUBGRANTEE) on behalf of the
justice agencies in Orange County, California.
4. The RMS /CMS Information Sharing Project includes the supply of required
software and hardware as well as integration and implementation services. In an effort to ensure
Orange County law enforcement agencies are able, to the greatest extent possible, prevent, deter and
effectively respond to potential acts of terrorism and crime, there are two objectives for the project:
a. To enable sharing of data from records management systems (RMS), case management
systems (CMS) and related databases across the County.
b. To acquire and implement a set of data analysis /intelligence tools in support of enhanced
homeland security and crime related investigations.
c. The project is structured in two phases. Phase 1 is designed to establish the solution and
will enable the sharing of the Court's citation data, five police RMS systems (Newport
Beach, Irvine, Garden Grove, Brea, and the new release of the RMS System being
implemented to serve the West Covina Consortium consisting of Cypress, Seal Beach
and others), and the Orange County Sheriff's Department RMS and LARS (Local Arrest
Records System, including their Mug -shot database). Search and analysis tools will b
acquired and deployed to allow for the flexible export of data as well as analysis within
OA
i.
I
2
3
4
5
6
7
8
9
10
11
12
13
14
915
16
17
18
19
20
21
22
23
24
25
26
! 27
28
the provided toolsets. Phase 2 involves the incorporation of the approximately 17
additional remaining Police RMS systems and portions of the District Attorney and the
Probation CMS systems into the infrastructure. Phase 2 will be contracted on a work
order basis as agencies add their RMS system to the integration platform.
5. Depending upon the agreement, City may transfer to SUBGRANTEE, or
SUBGRANTEE shall purchase, the equipment or services as specified in Attachment B hereto, in
accordance with grant guidelines and in full compliance with all of the subgrantee's purchasing and
bidding procedures.
6. Throughout its useful life, SUBGRANTEE shall use any equipment acquired with grant
funds only for grant purposes, and shall make it available for mutual aid response.
7. SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired with
grant funds from damage or destruction and shall provide regular maintenance and such repairs for said
equipment as are necessary, in order to keep said equipment continually in good working order. Such
maintenance and servicing shall be the responsibility of subgrantee and other participating criminal
justice agencies, who shall assume full responsibility for maintenance and repair of the equipment
throughout the life of said equipment. 8. If equipment acquired with grant funds becomes obsolete,
SUBGRANTEE shall dispose
of it only in accordance with the instructions of CITY or the agency from which CITY received the
grant funds.
9. Upon receipt of an invoice for a purchase of any equipment or services as specified in Attachment B,
SUBGRANTEE shall submit the invoice to the CITY as soon as practical, but in no event later than 30
days after receiving it.
10. SUBGRANTEE understands that the CITY shall have 60 days to reimburse
SUBGRANTEE upon receipt of the invoice, or longer if the Office of Homeland Security takes longer
to issue payment to the CITY.
11. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound by
all applicable provisions of the Attachments hereto and shall be fully responsible for payment of items
purchased that do not adhere to grant guidelines.
3
to
j
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
12. SUBGRANTEE agrees to indemnify, defend and save harmless CITY and the agency from
which CITY received grant funds, and their officers, agents and employees from any and all claims Al
losses accruing or resulting to any and all contractors, subcontractors, laborers, and any other person,
firm or corporation furnishing or supplying work services, materials or supplies in connection with
SUBGRANTEE's performance of this Agreement, including the Attachments hereto, and from any and
all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or
damaged by SUBGRANTEE in the performance of this Agreement, including the Attachments hereto.
13. No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or
agreement not incorporated herein shall be binding on any of the parties hereto.
14. SUBGRANTEE may not assign this Agreement in whole or in part without the express
written consent of CITY.
15. For a period of three years after final delivery hereunder or until all claims related to this
Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all
documents, papers and records relevant to the equipment acquired in accordance with this Agreement,
including the Attachments hereto. For the same time period, SUBGRANTEE shall make said
documents, papers and records available to CITY and the agency from which CITY received
Grant funds or their duly authorized representative(s), for examination, copying, or mechanical
reproduction on or off the premises of SUBGRANTEE, upon request during usual working hours.
16. SUBGRANTEE shall provide to CITY all records and information requested by CITY for
inclusion in quarterly reports and such other reports or records as CITY may be required to provide to
the agency from which CITY received grant funds or other persons or agencies.
17. CITY may terminate this Agreement and be relieved of the delivery of any consideration to
SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in this
Agreement, including the Attachments hereto, at the time and in the matter herein provided, or b) CITY
loses funding under the grant.
a
I
2
3
4
5
6
7
0
9
10
12
13
• 14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
18. SUBGRANTEE and its agents and employees shall act in an independent capacity in the
performance of this Agreement, including the Attachments hereto, and shall not be considered officers,
agents or employees of CITY or of the agency from which CITY received grant funds.
I
19. SUBGRANTEE and its officers, agents, employees shall abide by all applicable federal,
State and local laws, including all applicable statutes, regulations, executive orders and ordinances.
IN WITNESS WHEREOF, the parties have executed this Agreement in the City of Santa Ana,
County of Orange, State of Califomia.
ATTEST: CITY OF SANTA ANA, a municipal
Corporation of the State of Califomia
Patricia E. Healy
Clerk of the Council
I RECOMMENDED FOR APPROVAL:
By:
Paul M. Walters
Chief of Police
APPROVED AS TO FORM:
Paula Coleman
Assistant City Attomey
David N. Ream
City Manager
SUBGRANTEE
City of Newport Beach, Police Department
By:
s
Bob McDonell, Chief
Newport Beach Police Department
.1�5