Loading...
HomeMy WebLinkAbout09 - OCILJ Automated Subpoena Processing ApplicationCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 February 8, 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 COMPUTER DEDUCTIONS, INC. FOR THE ORANGE COUNTY INTEGRATED LAW AND JUSTICE PROJECT RECOMMENDATION: 1. Approve the attached contract with Computer Deductions Incorporated (CDI) in the amount of $54,236.00 from COPS Technology 2002 Grant Account #7017- C1820747 to improve and enhance the Orange County Integrated Law and Justice (OCILJ) Automated Subpoena Processing Application. 2. Authorize the City Manager to sign the contract with CDI. DISCUSSION: Background: On March 9, 2004, Council approved the acceptance of approximately $1.9 million in grant funds to administer on behalf of the Orange County Integrated Law and Justice Project (comprised of the entire Criminal Justice System in Orange County). In that prior communication, Council was advised that the City of Newport Beach was requested to administer the grants for the Project by the Orange County Chiefs' and Sheriffs Association. During an earlier engagement, CDI completed the first version of the Automated Subpoena Processing Application. Since the initial completion of this project a number of enhancements and improvements have been identified to make the system more effective and more user friendly for all the Orange County Criminal Justice Agencies. The improvements include such items as subpoena cancellation transaction capability, a subpoena entry screen for subpoenas from outside agencies, an officer name index, the ability to filter and display by officer name, and an officer name index web service. They have also been asked to provide the necessary modifications to the system in Contract Approval — Integrated Law & Justice Project February 8, 2005 Page 2 order to add the California Highway Patrol as the last law enforcement agency in the County to join the program. CDI has been involved in several technology projects with the OCILJ and serves as the technology vendor to the Orange County Sheriffs Department, a key agency in this project. Due to CDI's ongoing involvement with these projects and their specific work on the Electronic Subpoena Processing Application, it is appropriate for this contract to be approved on a sole source basis. This contract with CDI has been approved by the OCILJ Project Steering Committee at its meeting on January 31, 2005. This report recommends approval of this contract with CDI in the amount of $54,236.00 to be funded from COPS Technology 2002 Grant Account #7017- C1820747. Environmental Review: None required. Funding Availability: All funds required for this Project are Federal grant funds, authorized for expenditure under the 2002 COPS Technology Grant Program. Prepared and Submitted by: Paul Henisey, Cap am Support Services Division Commander Attachment: CDI Contract Approved b : Bob McDonell CHIEF OF POLICE COMPUTER DEDUCTIONS, INC. 8680 Greenback Lane • Suite 210 • Orangevale, CA 95662 Proposal to Add Cancellation Transactions, a Subpoena Entry Screen, and an Officer Name Index to the ILJ Automated Subpoena Processing Application This document describes the process for adding the following functionstenhancements to the ILJ Automated Subpoena Processing Application: 1. Handle a new Cancellation transaction from the OCDA that will indicate that the subpoenaed officer is unavailable for Court. 2. Create a data entry screen that will provide users with the ability to enter subpoenas into the system. 3. Create and maintain an Officer Name Index for each agency. 4. Create a web service that will provide access to the Officer Name Index. 5. Modify the Subpoena Status Web Site to allow for filtering at the officer level. 6. Add CHP to the set of agencies that receive subpoenas through ILJ. Subpoena Cancellation Transactions: These transactions will be included in the nightly subpoena files that are created and sent out by the OCDA. A new field will be added to each record that will indicate if the subpoena is new or if the subpoena has already been issued, but that the officer will be unable to attend the hearing. These "cancelled" subpoenas will be displayed on the ILJ Subpoena Status web site with a status of "Will Not Attend ". The steps that will be required to implement this enhancement are as follows Modify the ILJ subpoena processing programs to handle the new Cancellation transactions. (Estimated time: 60 hours) Modify the ILJ Subpoena Status web site to display the cancelled subpoenas. (Estimated time: 20 hours) Subpoena Entry Screen: The Subpoena Entry Screen will be used by agency subpoena clerks to add subpoenas to the system. These include subpoenas that are received outside of the three existing ILJ subpoena interfaces: OC District Attorney, OC Public Defender, and OC Courts. They may include subpoenas from Civil Cases, Defense Attorneys, DMV, and out -of- county agencies. Once these subpoenas are entered, they will be emailed directly to the officer and then added to the agency's subpoena database. Once they are in the database, they will be able to be viewed from the existing Subpoena Status Web Site, as well as from a new FileMaker subpoena viewer application, assuming one is necessary and implemented. web: htto: / /www.cdi- ha.com • phone: 916.987.3600 • fax: 916.987.3606 • e -mail: corp @cdi- hq.com The steps that will be required to implement this enhancement are as follows: • Create a web -based data entry screen for adding subpoenas. This web page will be responsible for emailing the subpoenas as well as storing them in the database. (Estimated time: 120 hours) • Create new SQL Server database structures that will be used to store and maintain these subpoenas. This will include tables and stored procedures. (Estimated time: 20 hours) • Modify the existing ILJ Subpoena Status Web Site to display these new subpoenas. This will include the creation of a new web page along with all of the security rules that will apply to it. (Estimated time: 40 hours) • Perform the following memory upgrades on the ILJ servers: • Increase memory on both SQL Servers from 2 GB to 4 GB. • Increase memory on both application servers from 1 GB to 4 GB. Officer Name Index: The Officer Name Index will contain a list of all officer names (first, middle, last, title), email addresses, and badge numbers or IDs (whichever a particular agency uses when signing a report) for the participating agencies. This list will be used to better identify officers during the process of creating and emailing subpoenas. The steps that will be required to implement this enhancement are as follows: Create a SQL Server database structure to store and manage the index. This includes table(s) and stored procedures. (Estimated time: 20 hours) • Create a program that will load the index from an officer name file that will be supplied by the participating agencies. (Estimated time: 40 hours) The Officer Name Files that will be supplied by each agency should have the following format: A comma - delimited text file with the following fields in order • Badge /ID • Last Name • First Name • Middle Name • Title • Email Address (up to 10 characters) (up to 40 characters) (up to 40 characters) (up to 40 characters) (up to 20 characters) (up to 100 characters) For identification purposes, the name of the file should contain the name of the agency. Example: NBPDOfficers.txt • Create a set of screens that will allow authorized users to add, update, and delete officer records from the Officer Name Index. (Estimated time: 80 hours) Modify the Subpoena Status Web Site to Filter By Officer: Modify the Subpoena Status Web Site so that authorized users will be able to display a list of all active subpoenas for user - specified officers. This list will include all subpoenas for the officers, regardless of which agency issued them (OCDA, Courts, Public Defender, etc.) Officers will be selected from a new "Officer Selection Page ". This page will display a list of all officers for the department with a checkbox next to each name. Once the desired officers have been selected, the user will click on a "Next" button to be taken to a page that will display the list of all outstanding subpoenas for those officers. The steps that will be required to implement this enhancement are as follows: Modify the web site. (Estimated time: 40 hours) Modify the subpoena database to allow for searching across issuing agencies. (Estimated time: 10 hours) Officer Name Index Web Service: The Officer Name Index Web Service will be used to provide agencies with access to the Officer Name Index. The data generated will be in XML format. The steps that will be required to implement this enhancement are as follows: • Create the web service. (Estimated time: 40 hours) (An additional 40 hours will be required for testing and deployment.) Estimated time required to implement enhancements: 530 hours Hourly Rate: $90.00 Cost of Enhancements (530 hours @ $90.00 /hr) $47,700.00 Memory Upgrade: $6,536.00 Total Cost: $54,236.00 AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND COMPUTER DEDUCTIONS INC. TO ADD SPECIFIED FUNCTIONS TO THE OCIU AUTOMATED SUBPOENA PROCESSING SYSTEM THIS CONTRACT is made and entered into this _ day of February 2005 by and between the CITY OF NEWPORT BEACH, a municipal corporation hereinafter called the "CITY," and COMPUTER DEDUCTIONS, INC., 8680 Greenback Ln. Suite 210, Orangevale, CA 95834 hereinafter called "CDI," 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 the CITY. B. CDI is a California corporation organized and existing pursuant to the laws of the State of California. C. In 1996, law enforcement executives throughout Orange County organized to establish the Orange County Integrated Law and Justice Project ( OCILJ), a countywide effort to integrate the diverse information systems of all criminal justice agencies in the County. This multi -phase project is designed to establish common data systems and processes, facilitate communications among the various police and criminal justice system agencies, increase efficiency in utilization of scarce resources, and reduce duplication of effort. A Strategic Plan for implementation of the project phases is in place, and funding is provided through federal grants. D. Effective March 9, 2004, the City was designated as the lead agency and grant administrator for the monies allocated by the federal government pursuant to a COPS MORE grant for the OCILJ Project. 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. E. As part of the OCILJ Project, an Electronic Subpoena Processing and Delivery System was developed by CDI for Countywide use, funded by the COPS MORE grant. The system is successfully operating and enhancements to the system will significantly increase its functionality. F. CITY, as grant administrator for the OCILJ, desires CDI to provide enhancements to the system. CITY has reviewed the previous experience and evaluated the expertise of CDI, and desires to retain CDI to render professional services for the Project, and to provide the software and memory upgrade I components necessary to add functions and implement the enhancements, under the terms and conditions set forth in this Agreement. The total cost to complete this work is $54,236.00. All expenditures shall be funded by the COPS MORE grant monies. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: GENERAL TERMS AND CONDITIONS A. Governing Law and Venue: This CONTRACT has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this CONTRACT, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for trial to another county. B. Entire Contract: This CONTRACT, when accepted by CDI either in writing or by the shipment of any article or other commencement of performance hereunder, contains the entire CONTRACT between the parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on CITY unless authorized by CITY in writing. Electronic acceptance of any additional terms, conditions or supplemental contracts by any CITY employee or agent, including but not limited to installers of software, shall not be valid or binding on CITY unless accepted in writing by CITY or its designee. C. Amendments: No alteration or variation of the terms of this CONTRACT shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on CITY unless authorized by CITY in writing. D. Delivery: Time of delivery of goods or services is of the essence in this CONTRACT. CITY reserves the right to refuse any goods or services and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed Scope of Work. Acceptance of any part of the order for goods shall not bind CITY to accept future shipments nor deprive it of the right to return goods already accepted at CDI's expense. Overshipments and undershipments of goods shall be only as agreed to in writing by CITY. Delivery shall not be deemed to be complete until all goods or services have actually been received and accepted in writing by CITY. 2 E. Acceptance /Payment: Unless otherwise agreed to in writing by CITY, 1) acceptance shall not be deemed complete unless in writing and until all the goods /services have actually been received, inspected, and tested to the satisfaction of CITY, and 2) payment shall be made in arrears after satisfactory acceptance. F. Warranty: CDI expressly warrants that the goods /services covered by this CONTRACT are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement upon CDI'S part to indemnify, defend and hold CITY and its indemnitees as identified in paragraph "O" below, and as more fully described in paragraph "O ", harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by CITY by reason of the failure of the goods /services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non - compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law. G. Patent/Copyright Materials /Proprietary Infringement: Unless otherwise expressly provided in this CONTRACT, CDI shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this CONTRACT. CDI warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, property right, or trade secret right of any third party. CDI agrees that, in accordance with the more specific requirement contained in paragraph "O" below, it shall indemnify, defend and hold CITY and CITY INDEMNITEES harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, but not limited to, attorneys fees, costs and expenses. H. Assignment or Sub - Contracting: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the performance of this CONTRACT nor any portion thereof may be assigned or subcontracted by CDI without the express written consent of CITY. Any attempt by CDI to assign or sub- contract the performance or any portion thereof of this CONTRACT without the express written consent of CITY shall be invalid and shall constitute a breach of this CONTRACT. I. Non - Discrimination: In the performance of this CONTRACT, CDI agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractor to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. CDI acknowledges that a violation of this provision shall 7 subject CDI to all the penalties imposed for a violation of Section 1720 et seq. of the California Labor Code. J Termination: Notwithstanding any other provision of this CONTRACT, CITY may at any time and without cause terminate this CONTRACT in whole or in part, upon not less than (30) thirty days written notice to CDI. Such termination shall be effected by delivery to CDI of a Notice of Termination specifying the effective date of the termination, whether the CONTRACT shall be terminated in whole or in part and if applicable the portion of work to be terminated. CDI shall immediately stop work in accordance with the Notice of Termination and comply with any other direction as may be specified in the Notice of Termination or provided subsequently by CITY. The CITY shall pay CDI for the work completed and accepted by CITY prior to the effective date of the termination and such payment shall be CDI's sole remedy. Under no circumstances will CDI be entitled to anticipatory or unearned profits, consequential damages or any other damages of any sort as a result of a termination in whole or in part under this provision. CDI shall insert in all subcontracts that the subcontractors shall stop work on the date of and if applicable the portion of work to be terminated in a Notice of Termination. K. Consent to Breach Not Waiver: No term or provision of this CONTRACT shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. L. Remedies Not Exclusive: The remedies for breach set forth in this CONTRACT are cumulative as to one another and as to any other provided by law, rather than exclusive; and the expression of certain remedies in this CONTRACT does not preclude resort by either party to any other remedies provided by law. M. Independent Contractor: It is understood that CITY retains CDI on an independent contractor basis and CDI is not an agent or employee of CITY. The manner and means of conducting the work are under the control of CDI, except to the extent they are limited by statute, rule or regulation and the expressed terms of this CONTRACT. Nothing in this CONTRACT shall be deemed to constitute approval for CDI or any of CDI's employees or agents, to be the agents or employees of CITY. CDI shall have the responsibility for and control over the means of performing the work, provided that CDI is in compliance with the terms of this CONTRACT. Anything in this CONTRACT that may appear to give CITY the right to direct CDI as to the details of the performance or to exercise a measure of control over CDI shall mean only that CDI shall follow the desires of CITY with respect to the results of the services. Neither CDI, its subcontactors, employees nor anyone working under CDI or its subcontractors shall qualify for workers' compensation or other fringe benefits of any kind through CITY. N. Performance: CDI shall perform all work under this CONTRACT, taking necessary steps and precautions to perform the work to CITY's satisfaction. CDI B shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods /services furnished by CDI under this CONTRACT. CDI shall perform all work diligently, carefully, and in a good and workman -like manner; shall furnish all labor, supervision, machinery, equipment, materials, and supplies necessary therefore; shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of CITY required in its governmental capacity, in connection with performance of the work; and, if permitted to subcontract, shall be fully responsible for all work performed by subcontractors. O. Indemnification and Insurance: (i) Indemnification Provisions To the fullest extent permitted by law, CDI agrees to indemnify, defend with counsel approved in writing by CITY, and hold CITY, its elected and appointed officials, officers, employees and agents, ( "CITY INDEMNITEES ") harmless from and against any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by CDI pursuant to this CONTRACT, including services or products provided to any governmental entities who may be third party beneficiaries of work or services performed under this CONTRACT. If judgment is entered against CDI and CITY by a court of competent jurisdiction because of the concurrent active negligence of CITY or CITY INDEMNITEES, CDI and CITY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. (ii) Insurance Provisions Prior to the provision of services under this CONTRACT, CDI agrees to purchase all required insurance at CDI's expense and to deposit with the CITY Certificates of Insurance, including all endorsements required herein, necessary to satisfy CITY that the insurance provisions of this CONTRACT have been complied with and to keep such insurance coverage and the certificates therefor on deposit with the CITY during the entire term of this CONTRACT. In addition, all subcontractors performing work on behalf of CDI pursuant to this CONTRACT shall obtain insurance subject to the same terms and conditions as set forth herein for CDI. All insurance policies required by this CONTRACT shall declare any deductible or self- insured retention (SIR) in an amount in excess of $25,000 ($5,000 for automobile liability), which shall specifically be approved by the CITY's Risk Manager. CDI shall be responsible for reimbursement of any deductible to the insurer. Any self- insured retentions (SIRs) or deductibles shall be clearly stated on the Certificate of Insurance. If CDI fails to maintain insurance acceptable to CITY for the full term of this CONTRACT, CITY may terminate this CONTRACT. 5 a. Qualified Insurer The policy or policies of insurance must be issued by an insurer licensed to do business in the state of California (California Admitted Carrier). Minimum insurance company ratings as determined by the most current edition of the Best's Key Ratinq Guide /Property - Casual /United States or ambest.com shall be A- (Secure Best's Rating) and VIII (Financial Size Category). If the carrier is a non - admitted carrier in the state of California, CITY retains the right to approve or reject carrier after a review of the company's performance and financial ratings. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. b. Coverage Requirements The policy or policies of insurance maintained by CDI shall provide the minimum limits and coverage as set forth below: Coverage Commercial General Liability with broad form property damage and contractual liability Automobile Liability including coverage for owned, non -owned and hired vehicles Workers' Compensation Employers' Liability Insurance Minimum Limits $1,000,000 combined single limit per occurrence $2,000,000 aggregate $1,000,000 combined single limit per occurrence Statutory $1,000,000 per occurrence All liability insurance, except Professional Liability, required by this CONTRACT shall be at least $1,000,000 combined single limit per occurrence. Professional Liability may also be provided on a "Claims Made" basis. The minimum aggregate limit for the Commercial General Liability policy shall be $2,000,000. C. Endorsements CITY shall be added as additional insureds on all insurance policies required by this CONTRACT with respect to work done by CDI under the terms of this CONTRACT (except Workers' Compensation /Employers' Liability and Professional Liability). An additional insured endorsement evidencing that CITY is an additional insured shall accompany the Certificate of Insurance. l31 All insurance policies required by this CONTRACT shall be primary insurance, and any insurance maintained by CITY shall be excess and non - contributing with insurance provided by these policies. An endorsement evidencing that CDI's insurance is primary and non - contributing shall specifically accompany the Certificate of Insurance for the Commercial General Liability and Sexual Misconduct Liability. All insurance policies required by this CONTRACT shall give CITY 30 days notice in the event of cancellation. This shall be evidenced by an endorsement separate from the Certificate of Insurance. In addition, the cancellation clause must include language as follows, which changes the pre - printed ACORD certificate: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. d. Other Insurance Reauirements Insurance certificates must be approved by the CITY's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this CONTRACT. All insurance policies required by this CONTRACT shall waive all rights of subrogation against CITY, and CITY's elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment. If CDI's Professional Liability policy is a "claims made" policy, CDI shall agree to maintain professional liability coverage for two years following completion of CONTRACT. The Commercial General Liability policy shall contain a severability of interests clause. CDI is aware of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or be self- insured in accordance with provisions of that code. CDI will comply with such provisions and shall furnish CITY satisfactory evidence that CDI has secured, for the period of this CONTRACT, statutory Workers' Compensation insurance and Employers' Liability insurance with minimum limits of $1,000,000 per occurrence. If CDI fails to provide the insurance certificates and endorsements within seven days of notification by CITY, award may be made to the next qualified vendor. 7 CITY expressly retains the right to require CDI to increase or decrease insurance of any of the above insurance types throughout the term of this CONTRACT. Any increase or decrease in insurance will be as deemed by CITY's Risk Manager. as appropriate to adequately protect CITY. CITY shall notify CDI in writing of changes in the insurance requirements. If CDI does not deposit copies of acceptable certificates of insurance and endorsements with CITY incorporating such changes within thirty days of receipt of such notice, this CONTRACT may be in breach without further notice to CDI, and CITY shall be entitled to all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit CDI's liability hereunder nor to fulfill the indemnification provisions and requirements of this CONTRACT. CITY Certificate of Insurance and the Special Endorsement for CITY can be utilized to verify compliance with the above - mentioned insurance requirements in place of commercial insurance certificates and endorsements. P. Bills and Liens: CDI shall pay promptly all indebtedness for labor, materials and equipment used in performance of the work. CDI shall not permit any lien or charge to attach to the work or the premises, but if any does so attach, CDI shall promptly procure its release and, in accordance with the requirements of paragraph "O" above, indemnify, defend, and hold CITY harmless and be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related thereto. Q. Changes: CDI shall make no changes in the work or perform any additional work without the CITY's specific written approval. R. Change of Ownership: CDI agrees that if there is a change or transfer in ownership of CDI's business prior to completion of this CONTRACT, the new owners shall be required under terms of sale or other transfer to assume CDI's duties and obligations contained in this CONTRACT and complete them to the satisfaction of CITY. S. Force Majeure: CDI shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this CONTRACT caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided CDI gives written notice of the cause of the delay to CITY within 36 hours of the start of the delay and CDI avails itself of any available remedies. T. Confidentiality: CDI agrees to maintain the confidentiality of all CITY and CITY - related records and information and all records and information it obtains from other cities and governmental entities with which it will have contact during the course of performance of this CONTRACT, pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of I this CONTRACT. All such records and information shall be considered confidential and kept confidential by CDI and CDI's staff, agents and employees. U. Compliance with Laws: CDI represents and warrants that services to be provided under this CONTRACT shall fully comply, at CDI's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively "laws "), including, but not limited to those issued by CITY in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by CITY. CDI acknowledges that CITY is relying on CDI to ensure such compliance, and pursuant to the requirements of paragraph "O" above, CDI agrees that it shall defend, indemnify and hold CITY and CITY INDEMNITEES harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws. V. Freight (F.O.B. Destination): CDI assumes full responsibility for all transportation scheduling, packaging, handling, insurance, and other services associated with delivery of all products deemed necessary under this CONTRACT. W. Pricing: The CONTRACT price shall include full compensation for providing all required goods in accordance with required specifications, or services, as specified herein or when applicable, in the Scope of Work attached to this CONTRACT, and no additional compensation will be allowed therefor, unless otherwise provided for in this CONTRACT. X. Waiver of Jury Trial: Each party acknowledges that it is aware of and has had the opportunity to seek advice of counsel of its choice with respect to its rights to trial by jury, and each party, for itself and its successors, creditors, and assigns, does hereby expressly and knowingly waive and release all such rights to trial by jury in any action, proceeding or counterclaim brought by any party hereto against the other (and /or against its officers, directors, employees, agents, or subsidiary or affiliated entities) on or with regard to any matters whatsoever arising out of or in any way connected with this CONTRACT and /or any other claim of injury or damage. Y. Terms and Conditions: CDI acknowledges that it has read and agrees to all terms and conditions included in this CONTRACT. Z. Headings: The various headings and numbers herein, the grouping of provisions of this CONTRACT into separate clauses and paragraphs, and the organization hereof are for the purpose of convenience only and shall not limit or otherwise affectthe meaning hereof. AA. Severability: If any term, covenant, condition or provision of this CONTRACT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 9 BB. Calendar Days: Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless otherwise expressly provided. CC. Attorney Fees: In any action or proceeding to enforce or interpret any provisions of this CONTRACT, or where any provisions hereof is validly asserted as a defense, each party shall bear its own attorney's fees, costs and expenses. DD. Interpretation: This CONTRACT has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with in this CONTRACT. In addition, each party has been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have not been influenced to any extent whatsoever in executing this CONTRACT by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this CONTRACT against the party that has drafted it is not applicable and is waived. The provisions of this CONTRACT shall be interpreted in a reasonable manner to effect the purpose of the parties and this CONTRACT. EE. Authority: The parties to this CONTRACT represent and warrant that this CONTRACT has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with the laws of the state of California. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THE CONTRACT 1. Scope of Contract This CONTRACT specifies the contractual terms and conditions by which the CITY will procure goods or services from CDI. The services to be provided are more fully set forth in the Scope of Work, (entitled "Proposal to Add Cancellation Transactions, a Subpoena Entry Screen, and an Officer Name Index to the ILJ Automated Subpoena Processing Application ") attached hereto as Attachment A, and Attachment B (Functional Specification — Enhancements to the ILJ Subpoena Application) which are incorporated herein by this reference as if fully set forth herein. 2 Precedence The documents herein consist of the General Terms and Conditions, the Additional Terms and Conditions, and Attachment A (Scope of Work) and Attachment B (Functional Specifications.) In the event of a conflict between the agreement documents, the order of precedence shall be the General Terms and Conditions, followed by the Additional Terms and Conditions, Attachment B and Attachment A. 10 3. Term The term of this CONTRACT shall commence on the _ day of February, 2005, and shall terminate on the 31st day of December, 2005, unless terminated earlier as set forth herein. 4. Services to be Performed CDI shall diligently perform all the services described in the Scope of Work and Functional Specifications (Attachments A and B) and incorporated herein by reference. CITY may elect to delete certain tasks of the Scope of Work and Functional Specifications at its sole discretion. 5. Time of Performance Time is of the essence in the performance of services under this CONTRACT and the services shall be performed to completion within six months of execution of this CONTRACT. The failure by CDI to perform the services within this time frame may result in termination of this CONTRACT by CITY. 6. Compensation CITY shall pay CDI for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Scope of Work and Functional Specifications. In no event shall CDI's compensation exceed $54,236.00 without additional authorization from CITY. CDI shall not receive any compensation for Extra Work 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 was not included within the Scope of Work and Functional Specifications and which the parties did not reasonably anticipate would be necessary at the execution of this CONTRACT. 7. Proiect Manager CDI 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 CONTRACT term. CDI has designated Allan MacDonnell to be its Project Manager. 8. Administration This CONTRACT 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 CONTRACT. The Project Administrator or his authorized representative shall represent the CITY in all matters pertaining to the services to be rendered pursuant to this CONTRACT. 11 9. Cooperation CDI agrees to work closely and cooperate fully with CITY's designated Project Administrator and all other cities and other governmental entities that may have jurisdiction or interest in the work to be performed. CITY agrees to cooperate with CDI on the Project. 10. Adjustments -Scope of Work As set forth in paragraph C above, there shall be no adjustments made to the Scope of Work or Functional Specifications by CDI unilaterally. Any change must be agreed to in writing by CITY. If CITY- initiated changes or changes in laws or government regulations affect price, CDI's ability to deliver services, or the project schedule, CDI shall give CITY written notice no later than seven calendar days from the date the law or regulation went into effect or the date the change was proposed by CITY and CDI was notified of the change. Such changes shall be agreed to in writing and incorporated into a CONTRACT amendment. Said amendment shall be issued by CITY and shall require the mutual consent of all parties. 11. Audits /Inspections CDI agrees to give CITY or CITY's authorized representative (including auditors from a private auditing firm hired by CITY) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable /receivable records, and other papers or property of CDI for the purpose of auditing or inspecting any aspect of performance under this CONTRACT. The inspection and /or audit will be confined to those matters connected with the performance of the CONTRACT including, but not limited to, the costs of administering the CONTRACT. The CITY will provide reasonable notice of such an audit or inspection. The CITY reserves the right to audit and verify CDI's records before final payment is made. CDI agrees to maintain such records for possible audit for a minimum of three years after final payment, unless a longer period of records retention is stipulated under this CONTRACT or by law. CDI agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, CDI agrees to include a similar right to the CITY to audit records and interview staff of any subcontractor related to performance of this CONTRACT. Should CDI cease to exist as a legal entity, CDI's records pertaining to this CONTRACT shall be forwarded to the surviving entity in a merger or acquisition or, in the event of liquidation, to the CITY's project manager. 12. Authorization Warrantv In addition to the warranty set forth in paragraph F, CDI represents and warrants that the person executing this CONTRACT on behalf of and for CDI is an authorized agent who has actual authority to bind CDI to each and every term, 12 condition and obligation of this CONTRACT and that all requirements of CDI have been fulfilled to provide such actual authority. 13. Conditions Affecting Work CDI shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this CONTRACT and to know the general conditions which can affect the work or the cost thereof. Any failure by CDI to do so will not relieve CDI from responsibility for successfully performing the work without additional cost to CITY. The CITY assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this CONTRACT, unless such understanding or representations by the CITY are expressly stated in the CONTRACT 14. Disputes -Contract The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this CONTRACT is not disposed of in a reasonable period of time by CDI's Project Manager and the CITY's Project Administrator, such matter shall be brought to the attention of the ILJ Steering Committee by way of the following process: A. CDI shall submit a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this CONTRACT, unless the CITY, on its own initiative, has already rendered such a final decision. B. CDI's written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the CONTRACT, CDI shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the CONTRACT adjustment for which CDI believes the CITY is liable. Pending the final resolution of any dispute arising under, related to, or involving this CONTRACT, CDI agrees to diligently proceed with the performance of this CONTRACT, including the delivery of goods and /or provision of services. CDI's failure to diligently proceed shall be considered a material breach of this CONTRACT. Any final decision of CITY shall be expressly identified as such, shall be in writing, and shall be signed by the Chair of the ILJ Steering Committee. If the CITY fails to render a decision within 90 days after receipt of CDI's demand, it shall be deemed a final decision adverse to CDI's contentions. The CITY's final decision shall be conclusive and binding regarding the dispute unless CDI commences action in a court of competent jurisdiction to contest such decision within 90 days following the 13 date of the CITY's final decision or one year following the accrual of the cause of action, whichever is later. 15. Notices: Any and all notices, requests demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing, except through the course of the parties' project managers' routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in- person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid. For CDI: Computer Deductions, Inc. 8680 Greenback Lane, Ste 210 Orangevale, CA 95834 Attn: Allan MacDonnell For CITY: City of Newport Beach Police Department 870 Santa Barbara Newport Beach, CA 92660 ATTN: Captain Paul Henisey 16. Compensation/ Pricing This is a fixed price CONTRACT. CDI agrees to accept the specified compensation, as more fully set forth herein, as full compensation and remuneration for all costs of services, including direct and indirect charges, supervision, labor, equipment, machinery, travel costs, mileage and any other expenses incurred by CDI. Compensation shall include all freight, taxes and delivery charges. 17 Conflict of Interest CDI 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. 14 If subject to the Act, CDI 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. CDI shall indemnify and hold harmless City for any and all claims for damages resulting from CDI's violation of this Section. 18. Conflict with Existing Law CDI and the CITY agree that if any provision of this CONTRACT is found to be illegal or unenforceable, such term or provision shall be deemed stricken and the remainder of the CONTRACT shall remain in full force and effect. Either party having knowledge of such term or provisions shall promptly inform the other of the presumed non - applicability of such provision. Should the offending provision go to the heart of the CONTRACT, the CONTRACT shall be terminated in a manner commensurate with interests of both parties to the maximum extent reasonable. 19. Contingent Fees CDI warrants that no person or selling agency has been employed or retained to solicit or secure this CONTRACT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees of CDI or bona fide established commercial or selling agencies maintained by CDl for the purpose of securing business. For breach or violation of this warranty, CITY shall have the right to terminate this CONTRACT in accordance with the termination clause and at its sole discretion to deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee from CDI. 20. Correspondence to Buyer — Contract Any correspondence related to the terms, prices and conditions of this CONTRACT must be directed to the CITY's Project Manager. Correspondence not directed though the Project Manager for resolution will not be regarded as valid. 21 CDI Personnel - Reference Checks CDI warrants that all persons employed to provide service under this CONTRACT have satisfactory past work records indicating their ability to accept the kind of responsibility anticipated under this CONTRACT. CDI's employees assigned to this project must meet character standards as demonstrated by background investigation and reference checks, coordinated by CITY. 22. CDI Work Hours and Safety Standards CDI shall warrant compliance with all safety and hourly requirements for employees in accordance with federal, state and CITY safety regulations and laws. 15 23. Service Calls Service calls as further set forth in the Scope of Work may be made at the convenience of CITY. CDI shall comply with all requirements for service calls as set forth in the Scope of Work. 24. Payment - Invoicing Instructions CDI will provide an invoice each month describing the work performed the preceding month for goods delivered and /or services rendered. Each invoice will have a number and will include the following information: a. CDI's name and address b. CDI's remittance address, if different from 1, above c. Name of agency /department where services provided d. Delivery/service address e. Description of services and /or products provided f. Date the services and /or products were provided g. Total CITY shall pay CDI no later than thirty (30) days after approval of the monthly invoice by CITY staff. 25. Default — Reprocurement Cost In case of default by CDI, the CITY may procure the goods and /or services from other sources. If the cost for those goods and /or services is higher than under the terms of the existing CONTRACT, CDI will be responsible for paying the CITY the difference between the CONTRACT cost and the price paid, and the CITY may deduct this cost from any unpaid balance due CDI. The price paid by CITY shall be the prevailing market price at the time such purchase is made. This is in addition to any other remedies available under this CONTRACT and under law. 26. Termination - Default If CDI is in default of any of its obligations under this CONTRACT and has not commenced cure within ten days after receipt of a written notice of default from CITY and cured such default within the time specified in the notice, the CITY shall immediately be entitled to either commence resolution in accordance with this paragraph or to terminate this CONTRACT by giving written notice to take effect immediately. Default shall include failure to carry out any of the requirements of this CONTRACT, including, but not limited to not providing enough properly skilled workers or proper materials, persistently disregarding laws and or ordinances, not proceeding with the work in a diligent and timely manner as agreed to herein, or otherwise substantially violating any provision of this CONTRACT. Upon termination of the CONTRACT with CDI, the CITY may begin negotiations with a third -party contractor to provide goods and /or services as specified in this CONTRACT. 16 The right of either party to terminate this CONTRACT hereunder shall not be affected in any way by its waiver of or failure to take action with respect to any previous default. 27. Waivers - Contract The failure of the CITY in any one or more instances to insist upon strict performance of any of the terms of this CONTRACT or to exercise any option contained herein shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such terms or option on any future occasion. IN WITNESS WHEREOF, the parties hereto have executed this CONTRACT the day and year first above written. APPROVED AS TO FORM: Office of the City Attorney for the City of Newport Beach CITY OF NEWPORT BEACH, A Municipal Corporation By: Homer Bludau, City Manager for the City of Newport Beach COMPUTER DEDUCTIONS, INC. By: Allan MacDonnell Attachments: Attachment A — Scope of Work 17 ATTACHMENT A SCOPE OF WORK Proposal to Add Cancellation Transactions, a Subpoena Entry Screen, and an Officer Name Index to the ILJ Automated Subpoena Processing Application This document describes the process for adding the following functions /enhancements to the ILJ Automated Subpoena Processing Application: 1. Handle a new Cancellation transaction from the OCDA that will indicate that the subpoenaed officer is unavailable for Court. 2. Create a data entry screen that will provide users with the ability to enter subpoenas into the system. 3. Create and maintain an Officer Name Index for each agency. 4. Create a web service that will provide access to the Officer Name Index. 5. Modify the Subpoena Status Web Site to allow for filtering at the officer level. 6. Add CHP to the set of agencies that receive subpoenas through ILJ. Subpoena Cancellation Transactions: These transactions will be included in the nightly subpoena files that are created and sent out by the OCDA. A new field will be added to each record that will indicate if the subpoena is new or if the subpoena has already been issued, but that the officer will be unable to attend the hearing. These "cancelled" subpoenas will be displayed on the ILJ Subpoena Status web site with a status of "Will Not Attend ". The steps that will be required to implement this enhancement are as follows: Modify the ILJ subpoena processing programs to handle the new Cancellation transactions. (Estimated time: 60 hours) Modify the ILJ Subpoena Status web site to display the cancelled subpoenas. (Estimated time: 20 hours) Subpoena Entry Screen: The Subpoena Entry Screen will be used by agency subpoena clerks to add subpoenas to the system. These include subpoenas that are received outside of the three existing ILJ subpoena interfaces: OC District Attorney, OC Public Defender, and OC Courts. They may include subpoenas from Civil Cases, Defense Attorneys, DMV, and out -of- county agencies. Once these subpoenas are entered, they will be emailed directly to the officer and then added to the agency's subpoena database. Once they are in the database, they will be able to be viewed from the existing Subpoena Status Web Site, as well as from a new FileMaker subpoena viewer application, assuming one is necessary and implemented. m The steps that will be required to implement this enhancement are as follows: • Create a web -based data entry screen for adding subpoenas. This web page will be responsible for emailing the subpoenas as well as storing them in the database. (Estimated time: 120 hours) • Create new SQL Server database structures that will be used to store and maintain these subpoenas. This will include tables and stored procedures. (Estimated time: 20 hours) • Modify the existing ILJ Subpoena Status Web Site to display these new subpoenas. This will include the creation of a new web page along with all of the security rules that will apply to it. (Estimated time: 40 hours) • Perform the following memory upgrades on the ILJ servers: • Increase memory on both SQL Servers from 2 GB to 4 GB. • Increase memory on both application servers from 1 GB to 4 GB. Officer Name Index: The Officer Name Index will contain a list of all officer names (first, middle, last, title), email addresses, and badge numbers or IDs (whichever a particular agency uses when signing a report) for the participating agencies. This list will be used to better identify officers during the process of creating and emailing subpoenas. The steps that will be required to implement this enhancement are as follows: • Create a SQL Server database structure to store and manage the index. This includes table(s) and stored procedures. (Estimated time: 20 hours) • Create a program that will load the index from an officer name file that will be supplied by the participating agencies. (Estimated time: 40 hours) The Officer Name Files that will be supplied by each agency should have the following format: A comma - delimited text file with the following fields in order • Badge /ID • Last Name • First Name • Middle Name • Title • Email Address (up to 10 characters) (up to 40 characters) (up to 40 characters) (up to 40 characters) (up to 20 characters) (up to 100 characters) For identification purposes, the name of the file should contain the name of the agency. Example: NBPDOfficers.txt • Create a set of screens that will allow authorized users to add, update, and delete officer records from the Officer Name Index. (Estimated time: 80 hours) 19 Modify the Subpoena Status Web Site to Filter By Officer: Modify the Subpoena Status Web Site so that authorized users will be able to display a list of all active subpoenas for user - specified officers. This list will include all subpoenas for the officers, regardless of which agency issued them (OCDA, Courts, Public Defender, etc.) Officers will be selected from a new "Officer Selection Page ". This page will display a list of all officers for the department with a checkbox next to each name. Once the desired officers have been selected, the user will click on a "Next" button to be taken to a page that will display the list of all outstanding subpoenas for those officers. The steps that will be required to implement this enhancement are as follows: • Modify the web site. (Estimated time: 40 hours) • Modify the subpoena database to allow for searching across issuing agencies. (Estimated time: 10 hours) Officer Name Index Web Service: The Officer Name Index Web Service will be used to provide agencies with access to the Officer Name Index. The data generated will be in XML format. The steps that will be required to implement this enhancement are as follows: • Create the web service. (Estimated time: 40 hours) (An additional 40 hours will be required for testing and deployment.) Estimated time required to implement enhancements: 530 hours Hourly Rate: $90.00 Cost of Enhancements (530 hours @ $90.00 /hr) $47,700.00 Memory Upgrade: $6,536.00 Total Cost: $54,236.00 20 ATTACHMENT B Functional Specification Enhancements to the ILJ Subpoena Application Overview: This document outlines the Orange County ILJ Subpoena application functionality that is under development or being reviewed for enhancement. The application includes automated interfaces with the DA, the Public Defender and the Court. The first section of the document addresses the functionality surrounding the DA. The intent of this section is to document an agreed upon set of functionality and a process flow so that any required revisions to the application can be identified and assigned a cost. The document goes on to address two areas of enhancement in the application. The first is the incorporation of an officer name index. The second is the incorporation of a manual subpoena creation screen. DA Subpoena Functionality: Subpoenas are generated in the District Attorney's Case Management System (DACMS). Data is entered manually to create a subpoena. Officer names and identifiers are selected for the subpoena from a list maintained on the DACMS. As the subpoenas are generated, two processes occur. The DA combines the original subpoenas into a .PDF File and emails them to each agency. Additionally, a transaction is initiated with the ILJ server where the subpoena data is transferred. The ILJ server populates an email form with the subpoena data and sends a duplicate subpoena to an email address associated with the individual subpoenaed. This address can be the individual's email address or the address of a central scheduling office at the agency affected. Once the subpoena is received, the person in receipt will click on the acknowledgement hyperlink in the subpoena. Clicking the acknowledgement link updates the subpoena database on the ILJ server to show that the subpoena has been acknowledged. The message that will appear in the email will read, "Please click here to confirm receipt of this message, which confirms my attendance unless specifically excused by the DA's Office or the Court." Clicking on the hyperlink confirms that the update is complete. While all subpoenas served by the DA on law enforcement personnel require mandatory appearance, the date and time are subject to change and the exact time that the officer is required during the proceeding is generally not known until just before the appearance. Therefore all subpoenas will be denoted as having an "on call" status. This means that the officer has to be available, throughout the duration of the proceeding to appear in court. Personnel from the DA's office will notify the department's court liaison personnel 21 at the court in question the day of the appearance to advise them of when the officer will be required. The court liaison staff will contact the officer, either directly or through dispatch, to advise them of when they need to appear. In the event that the DA's staff (when they are generating the subpoena) knows that they want the officer to attend at a specific time, they will so indicate by contacting the liaison or the officer directly. Should the officer be unable to attend the event for which they are subpoenaed, they will still acknowledge receipt of the subpoena. They will then use the manual approval process at their agency to indicate that a conflict is present and gain approval internally for advising the DA of the conflict and their request to be excused. Once the DA is advised of the conflict, they have the option of: • Enforcing the subpoena, • Proceeding without the subpoenaed individual, or • Requesting the Court reschedule the event. If they chose to enforce the subpoena they will personally contact the department and instruct them to clear the conflict and request the subpoenaed individual attend the event. Should the Court grant a request to reschedule the event, the DA will cancel the existing subpoenas for the particular case and re- initiate the subpoena process once the event has been rescheduled. A subpoena cancellation will be processed by the DA. The cancelled subpoena will be included in the nightly subpoena update transferred from CMS to the ILJ server. A flag will be included in the file transfer that identifies the subpoena as "New" or "Cancelled." In the event the DA proceeds with the event without the subpoenaed individual, they will indicate in the DACMS that the individual is not going to appear. This will also trigger the subpoena cancellation process outlined above. Management System At any time, a user of the system with access to the network can connect to a web based management information screen. Depending on their department and the location of the computer that they are using to access the system, their data access may change slightly. Assuming they have the appropriate user access, they will be able to display a list of subpoenas for their department. 22 This information will be organized in tabular format with fields as follows: Field Name Description Comment Key Subpoena number. System generated number Officer Name of individual subpoenaed DA Case DA case number Court Case Court case number Appearance Date of court or other event or Date the beginning of the on -call period. Issue Date Date the subpoena was issued Received Date Date that the subpoena was opened and the link indicating receipt of the subpoena was "clicked" Subpoena Not Acknowledged ", "Yes' or Shows yes upon Status 'Will Not Attend" acknowledgement by officer. Set to Will not Attend by the DA CMS in the event that the DA decides to proceed without the attendance of the subpoenaed officer. 23 Process Flow The subpoena process flow is outlined i in the following diagram: Orange County Integrated L Law a and Justice Subpoena Process Flow DA S Subpoenas O Only DistfictAttomey I Integrated Law and Justice P Police Server D Departments Manualyenter subpoena data Ir 2 Extracts data and S Subpoena Select individual v validates Officer 10 R Received at the nameid from list D Department Q P Populates Subpoena Tratldng database DACMS creates S subpoena record G Generates adds court location s subpoena form and Mason contact SL-d DA T reviews N for options Subpoena Stands Dept Enforce reviews Subpoena V for action N Subpoena Stands Cancel Subpoena � 24 24 Inter - system transactions identified by the triangles in the diagram above are described in the following table. No Transaction Data Elements Passed 1 DACMS to ILJ — A batch process that updates the subpoena database Transmits with the following information: duplicate copy of • Unique Identifier DA subpoena • Name of individual subpoenaed • ID number of individual subpoenaed • Date proceeding begins • Time proceeding begins • Type of event • Court / location • DA Case number • Agency Case number • Case description / Defendant's name • Special conditions text field • Subpoena Status (New or Cancelled) • Confirmed Appearance (set to yes by original acknowledgement. Can be set to "Will Not Attend" by DA CMS) • Contact number (a phone number the officer can call to discuss the case, if an issue arises) • Name of the contact person (the name of the person the officer will be speaking to, if they call the contact number notated above 2 Duplicate Copy of E -mail with text content and a web link to allow for Subpoena acknowledgement. Data included: delivered to • Name of individual subpoenaed Subpoenaed • ID number of individual subpoenaed Agency / • Date proceeding begins Individual • Time proceeding begins • Type of proceeding • Court / location • DA Case number • Agency Case number • Case description / Defendant's name • Special conditions text field 3 Acknowledgement Web transaction. User clicks on hyperlink in the of Receipt subpoena e -mail. The click acknowledges the subpoena and an image of the subpoena is displayed. Acknowledgement sets the Confirmed Appearance flag to yes. 4 Acknowledgement Flat file or web service (discussion to be scheduled with Update to County CIO). Send an update of all active subpoenas DACMS and their status to the DACMS on a daily basis so that 25 Database and Web Display The database is available for view by staff from agencies as well as by staff at the DA's office. When accessed from a specific agency site only subpoenas for that agency are visible. The application displays the name of the subpoenaed individual, their ID number, the subpoena number, date, appearance time and the status as to whether the subpoena has been acknowledged. A hyperlink will be added that will allow user to confirm attendance from this page. When the link is clicked, the following message will be displayed. "Choosing "Yes" confirms my attendance unless specifically excused by the DA's Office or the Court." All subpoenas will be set to `on- call ", which means that the officer will be "on call" through the duration of the proceeding. The DA will contact the liaison or officer and advise of the specific day(s) the officer is required to attend the proceeding. A field will also be added to the display (once the DA builds functionality into the DA CMS to drive it) that indicates if the subpoena has been cancelled. This field will require the Officer or liaison to confirm their status upon receipt of the subpoena. Only after receiving a transaction from the DA indicating that the individual will not appear, will the field be modified to "Cancelled" by the DA. Subpoenas stay in display until appearance date passes. If status goes to cancelled, the status is highlighted but the subpoena stays visible on the list. Key Outcomes Utilization of the process described results in a number of key outcomes as follows: 1. Paper flow is dramatically reduced. 26 the DACMS can hold the receipt status of all subpoenas. Data elements: • Subpoena unique ID • Subpoena status (acknowledged, unacknowledged) 5 Agency Personnel Web service, which on demand from the DA CMS, Data Update transfers an XML File including the personnel list. Data elements include: • ID number • Last name • Middle initial • First name • Rank/position • Employment Status (active /inactive) Database and Web Display The database is available for view by staff from agencies as well as by staff at the DA's office. When accessed from a specific agency site only subpoenas for that agency are visible. The application displays the name of the subpoenaed individual, their ID number, the subpoena number, date, appearance time and the status as to whether the subpoena has been acknowledged. A hyperlink will be added that will allow user to confirm attendance from this page. When the link is clicked, the following message will be displayed. "Choosing "Yes" confirms my attendance unless specifically excused by the DA's Office or the Court." All subpoenas will be set to `on- call ", which means that the officer will be "on call" through the duration of the proceeding. The DA will contact the liaison or officer and advise of the specific day(s) the officer is required to attend the proceeding. A field will also be added to the display (once the DA builds functionality into the DA CMS to drive it) that indicates if the subpoena has been cancelled. This field will require the Officer or liaison to confirm their status upon receipt of the subpoena. Only after receiving a transaction from the DA indicating that the individual will not appear, will the field be modified to "Cancelled" by the DA. Subpoenas stay in display until appearance date passes. If status goes to cancelled, the status is highlighted but the subpoena stays visible on the list. Key Outcomes Utilization of the process described results in a number of key outcomes as follows: 1. Paper flow is dramatically reduced. 26 2. Positive indication of receipt of subpoena is available on the ILJ Web page. All law enforcement subpoenas are considered to be on -call, which means that the officer remains "on call' throughout the duration of the proceeding unless the DA specifically indicates that they are "required attendance" subpoenas at a specific date, time, and location. Officer Name Index: The Officer Name Index will contain a list of all officer names (first, middle initial, last, title), email addresses, and badge numbers (or whatever employee number is used in conjunction with signing official documents /reports) for the participating agencies. This list will be used to better identify officers during the process of creating and emailing subpoenas. The steps that will be required to implement this enhancement are as follows: • Create a SQL Server database structure to store and manage the index. This includes table(s) and stored procedures. • Create a program that will load the index from an officer name file that will be supplied by the participating agencies. The Officer Name Files that will be supplied by each agency should have the following format: A comma - delimited text file with the following fields in order: • Badge /ID (up to 10 characters) • Last Name (up to 40 characters) • First Name (up to 40 characters) • Middle Initial or Name (up to 40 characters) • Title (up to 20 characters) • Email Address (up to 100 characters) • Employment status (active /inactive) The middle name will be stripped so that only the middle initial is saved in the database. For identification purposes, the name of the file should contain the name of the agency. Example: NBPDOfficers.txt • Create a set of screens that will allow authorized users to add, update, and delete officer records from the Officer Name Index. Officer Name Index Web Service: A web service will be used to transfer officer information to the DA or other agencies that may call this service in XML format. This web service can be called on demand. The agency calling the service will be responsible for incorporating the officer data into their own case management system. Email information for the officers will not be transferred as part of this service. 27 Subpoena Entry Application: The Subpoena Entry Application will be used to add subpo subpoenas that are received outside of the three existing I Attorney, OC Public Defender, and OC Courts. They may DMV, or out -of- county agencies. Once these subpoenas are affected officer or prescribed agency subpoena email addre subpoena database. Once they are in the database, they existing Subpoena Status Web Site, as well as from th e application. enas to the system. These include LJ subpoena interfaces: OC District include subpoenas for Civil Cases, entered, they will be emailed to the ss and then added to the agency's will be able to be viewed from the new FileMaker subpoena viewer The steps that will be required to implement this enhancement are as follows: Create a web -based data entry screen for adding subpoenas. This web page will be responsible for emailing the subpoenas as well as storing them in the database. Create new SQL Server database structures that will be used to store and maintain these subpoenas. This will include tables and stored procedures. Modify the existing ILJ Subpoena Status Web Site to display these new subpoenas. This will include the creation of a new web page along with all of the security rules that will apply to it. This application will also be available to the DA, Public Defender, and the Court for instances where subpoenas need to be sent out immediately and cannot wait for the normal batch process to send them. Rev: 12 -23 -04 W