HomeMy WebLinkAboutC-3692(F) - PSA; Improve and Enhance the Orange County Integrated Law and Justice (OCILJ) Automated Subpoena Processing ApplicationF•E�% ` 2005
CITY 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:
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 — Integ *d 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
I M I A,
Bob McDonell
CHIEF OF POLICE
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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 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.
web: htto: / /www.cdi- ha.com • phone: 916.987.3600 • fax: 916.987.3606 • e -mail: corp@cdi- hq.com
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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 SOL 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 SOL 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 SOL 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)
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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 Q $90.00 /hr) $47,700.00
Memory Upgrade: $6,536.00
Total Cost: $54,236.00
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AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH
AND COMPUTER DEDUCTIONS INC.
TO ADD SPECIFIED FUNCTIONS TO THE OCILJ 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
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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.
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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.
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
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subject CDI to all the penalties imposed for a violation of Section 1720 et seg. 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
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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.
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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 Rating Guide /Property - Casualty /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 companys performance and
financial ratings.
A person authorized by the insurer to bind coverage on its behalf shall sign
certification of all required policies.
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.
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 Requirements
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.
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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 CDPs 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
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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. Terns 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
affect the 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.
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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
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. Protect 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.
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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. Auditslinspections
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 Warranty
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,
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condition and obligation of this CONTRACT and that all requirements of COI 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
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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 CDI 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
q. 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.
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E
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.
in
Allan MacDonnell
Attachments: Attachment A — Scope of Work
fill
i
ATTACHMENT A
SCOPE OF WORK
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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.
1 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.
I-V
•
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.
o 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)
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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
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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
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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.
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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.
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Process Flow
Dept
The subpoena process flow is outlined
in the following diagram:
reviews
Orange County Integrated
Law
and Justice Subpoena Process Flow
action
DA
Subpoenas
Only
bpoena St
Su
District Attomey
Integrated Law and Justice
Police
Server
Departments
Manualryemer
subpoena data
2
Fxtractsdataand
&&poem
Select inck iduat
validates Mar to
Received at the
named from list
Department
Q
Populates
Subpoena
Tradhg database
DACMS creates
ORCer I
subpoena record
Genarates
scheduling
adds court location
subpoena form
parsonneldcks
and liaison contact
adTewladgemenl
iMormetion
DACMS creates
subpoena record Consolidated set
Scltedulo
adds coon location of Subpoena
Database Updated �3
Cord&!?
and liaison contact Records are sent
to Show
information to IW Subpoena
Acluvwledgement
Server
Y
Subpoenas
Conflict
converted to PDF
image riles for
M1lled
tranunisston
DACMS updates
database to show
DACMSSendsall admowledged
original PDF status
subpoenas for the
day to a single
eman at each
department n
ybyDept.
sin glo file
Q I W Server
DA List of officers
Officer Index
to DACMS
Repository
(updated by depW
CmRCt laMd?
DA
reviews
for
options
W
Dept
Bdores r
Y f
reviews
action
N
Cancel Subpoena b
bpoena St
Su
W
0
n
J
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
I and their status to the DACMS on a daily basis so that
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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.
pill
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.
pill
0
0
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 SOL 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 offoer
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 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 for Civil Cases,
DMV, or out -of- county agencies. Once these subpoenas are entered, they will be emailed to the
affected officer or prescribed agency subpoena email address 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 the new FileMaker subpoena viewer
application.
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
MK � 4
T
FROM:
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 5
March 14, 2006
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
John Desmond, Support Services Division Commander
Bob McDonell, Chief of Police
SUBJECT: APPROVAL OF CONTRACT WITH COMPUTER DEDUCTIONS,
INCORPORATED, FOR THE ORANGE COUNTY INTEGRATED
LAW AND JUSTICE PROJECT
RECOMMENDATION:
Approve the attached scope of work and sole source award to Computer
Deductions, Incorporated (CDI), in the amount of $49,680 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 execute a standard Professional Services
Agreement with CDI as approved by the City Attorney.
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.
Under a prior contract, CDI completed the first version of the Automated
Subpoena Processing Application. In February 2005, Council approved another
contract with CDI to complete a number of enhancements and improvements that
had been identified to make the system more effective and more user friendly for
all the Orange County Criminal Justice Agencies. Since the completion of that
phase of the Project, additional improvements have been identified by the users,
which will further enhance the Automated Subpoena Processing Application.
These improvements include the following items:
0
E
Approval of CDI Contract
March 14, 2006
Page 2
1. Create a login based security system for the OCILJ Web site that will allow
for the updating of subpoena data.
2. Create an Audit Trail that will record all user - initiated updates to the
database.
3. Add a "View Subpoenas" section to the OCILJ Web site.
4. Create a process to trail subpoenas and make notifications via e-mail
directly to the officers.
5. Add the ability to export subpoena data directly from the OCILJ Web site
to Microsoft Excel spreadsheets.
6. Create the ability for authorized users (Court Liaison Officer, DA, Court, or
Public Defender) to resend electronic subpoenas or cancellations directly
from the OCILJ Web site.
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 ongoing work on the Electronic Subpoena Processing Application, it
is appropriate for this contract to be approved on a sole source basis.
This report recommends approval of this contract with CDI in the amount of
$49,680 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:
John Desmond, Captain
Support Services Division Commander
Attachment: CDI Scope of Work
Approved by:
64 yr
Bob McDonell
CHIEF OF POLICE
0 0
COMPUTER DEDUCTIONS, INC.
8680 Greenback Lane • Suite 210 • Orangevale, CA 95662
Proposal to Add Enhanced Security and Reporting Capabilities to the ILJ Automated
Subpoena Processing Application
This document describes the following proposed enhancements to the ILJ Automated Subpoena Processing
Application: (All of these enhancements will be developed with Microsoft's Visual Basic.Net, ASP.Net, ASP,
and SQL Server 2000 T -SQL.)
1. Create a login based security system for the ILJHome web site. This only applies to pages on the ILJ
web site that allow for the updating of subpoena data, such as the trailing, resending, and cancelling of
subpoenas. The Update page for the Officer Name Index will also be password protected. All of the
other read -only pages on the site will remain security -free.
2. Create an Audit Trail that will record all user - initiated updates to the database. These updates will
include all database Inserts, Updates, and Deletes.
3. Add new filtering options to the "View Subpoenas" section of the ILJHome web site.
4. Create a process to trail subpoenas. All trailed subpoenas will be displayed in green on the web site.
Also, all emails sent out for trailed subpoenas will be indicated as such. This will let the officer know
that changes have been made to the original subpoena. Included with this will be a process that will
allow authorized users to issue Miscellaneous (in- House) Subpoena Cancellation Notices.
5. Add the ability to export subpoena data directly from the ILJHome web site to Microsoft Excel
spreadsheets.
6. Create the ability for authorized users, such as Court Liaisons, to resend email subpoenas directly
from the ILJHome web site. Authorized users will be able to send cancellation notices via email to
their officers for any DA, Court, or Public Defender subpoena.
1.) Log -in Security:
Description:
Create a usemame /password based security system that will be managed by an administrator from each
agency. This system will allow each agency to limit access to various portions of the ILJHome web site to
authorized users. It will also be able to be expanded to accommodate future ILJ applications. Initially, the
system will be used to limit access to the "Send Subpoenas' (in- house), °Officer, Names ", and "Subpoena
Trailing" (new) portions of the ILJHome web site. Passwords will have a length of 3 to 8 characters.
Note: there will be no login security requirements to simply view the subpoenas as they currently exist on the
web site.
Intro:
This will be a user signup and authentication system which will allow authorized users to create members only
areas via a website. The system will use Microsoft's SQL 2000 database to store user information and the
date/time of user logins as well as their login counts.
Feature Summary:
1. Basic pages include signup, login, forgotten password, & edit profile
2. Simple, adjustable, well commented User Signup and Authentication system
3. Simple configuration & setup
4. Uses SQL Server Database for user information and settings
5. Logs date and time of user logins, as well as login counts, all of which are stored in the SQL file for
ease of reference
6. User data entry checking to enforce valid information at signup
7. Super Admin can create other admin accounts
web: htto:/ /www.cdi- ha.com • phone: 916.987.3600 • fax: 916.987.3606 • e -mail: corp @cdi- hq.com
0 0
8. Admin can only work with its agency users
Database Fields:
1.
Information stored includes:
2.
Username
3.
Password
4.
Name
5.,
Agency
6.
User level
7.
Email
8.
Address
9.
Phone number
10.
Birth date (optional)
11.
Gender (optional)
12:
Signup date & time
13.
Last login date & time
14.
Disable Hag
15.
Login counter
Required Steps:
• Design a database to manage all user accounts. (Estimated time: 60 hours)
• Design a series of web pages that will allow administrators to manage these accounts. (Estimated
time: 70 hours)
• Write the backend programs/web services that will provide the interface between the database and the
new web pages. Also, integrate the security system into the current ILJHome web site. (Estimated
time: 90 hours)
Time: 220 Hours
2.) Audit Trail:
Description:
Create an Audit Trail that will record all user - initiated modifications to the database. The transactions that will
be recorded are all updates to the ILJ Officer Name Index, all Miscellaneous (In- House) Subpoenas that are
issued (or cancelled), all subpoenas that are trailed, and all subpoenas that are resent (see item 5). The User
Name, as well as the date and time of the modification, will be saved to the Audit Trail. Where database
Updates are concerned, the original data will also be saved. This applies specifically to updates to the Officer
Name Index. The Audit Trail data will be stored in the same ILJ SQL Server database, which is located on the
clustered IU SQL servers (Corbina and Perch).
A new web page will be created that will allow authorized users to view the Audit Trail data. Audit Trail records
will be able to be selected by User Name, Subpoena Key, or Officer Badge ID, depending on which audited
data is being viewed.
Required Steps:
• Create the Audit Trail tables in SQL Server. (Estimated time: 8 hours)
• Modify the exiting ILJ web -based update transactions to write to the Audit Trail tables whenever a
database modification takes place. (Estimated time: 24 hours)
• Create a web page that will allow authorized users to view Audit Trail data. (Estimated time: 40
hours)
Time: 72 Hours
3.) New Subpoena Filtering Options:
Description:
Add the ability to select and display subpoenas by Appearance Date, DR Number, Agency Case Number,
Court Case Number, and Defendant Name. This will be done by adding a new dropdown listbox to the top of
the "View Subpoenas" page that will contain each of these fields. There will also be a corresponding input box
next to the dropdown list, which will be where users enter the specific data that will be used to filter the
subpoenas by. The resulting list will contain all matching subpoenas. A new column for the defendant's
name(s) will be added to the main "View Subpoenas" data grid. To accommodate the size this new column will
require, the sidebar links ("View Subpoenas ", "Send Subpoenas ", and "Officer Names ") will be moved to the
top of the site.
Required Steps:
• Modify the "View Subpoenas" web site by adding the new filtering options (dropdown listbox and input
box). Estimated time: 16 hours)
• Write the backend code and SQL stored procedures that will be needed to do the filtering. (Estimated
time: 40 hours)
Time: 56 Hours
4.) Subpoena Trailing /in -House Cancellation Notices:
Description:
Create the ability for authorized users to "trail" subpoenas. This process will be accomplished by having the
user retrieve a copy of the original subpoena data in "update mode ", allowing them to modify it accordingly, and
then resubmitting it to the officer by email. (AII modifications to the subpoena will be saved in a separate
database. None of the original data will be lost, and both the original and the trailed subpoena data will be
viewable from the IL.JHome website.) Subpoenas can be trailed as many times as is needed. During the
trailing process, all data elements may be changed except for the Court Case Number, Agency Case Number,
DR Number, and Defendant Names(s).
This process also includes the ability for authorized users to send cancellation notices to officers that have
received in -house (Miscellaneous) subpoenas.
Required Steps:
• Design a web site (with the backend programming) that will allow users to retrieve, modify, and
resubmit subpoenas, or issue In -House subpoena cancellation notices. (Estimated time: 60 hours)
• Create a database to hold and maintain trailed subpoenas. (Estimated time: 20 hours)
Time: 100 Hours
5.) Subpoena Export to Microsoft Excel:
Description:
Add the ability to export subpoena listings from the IUHome web site to Excel spreadsheets. The data to be
exported will include all data for the listed subpoenas; not just what is shown on the site. (This enhancement
requires the user to have a valid copy of Microsoft Excel installed on their PC.)
.I*
Required Steps:
• Write the programming required to perform the export to Excel. (Estimated time: 40 hours)
Time: 40 Hours
6.) Resend Subpoenas:
Description:
Create a process that will allow authorized users to resend individual subpoenas directly from the IWHome
web site. To resend a subpoena, the user will pull it up from the "View Subpoenas" web page by clicking on
the subpoena Key link. At the bottom of this page, authorized users will see a new button that, when clicked,
will resend the subpoena to the officer. When this happens, the "Issue Date ", which is stored in the database
and displayed on the web site, will be updated with the current date. (The date /time of the when the subpoena
was originally added to the database will not be modified.) An Audit Trail record will also be created for this
transaction.
Required Steps:
• Modify the "Display Subpoena" web page by adding a " Resend Button ". This button will only be
viewable to authorized users. (Estimated time: -8 hours)
• Write the programming required to resend the subpoenas and update the database, including the Audit
Trail table. (Estimated time: 32 hours)
Time: 40 Hours
An additional 24 hours will be required for user testing and implementation.
Total Time: 552 Hours
Hourly Rate: $90.00
Total Cost: $49,680.00