INTRADEPARTMENTAL CORRESPONDENCE 1.17 TO: The …2.0 PERIOD OF PERFORMANCE 2.1 The period of performance under this Agreement shall coincide with the period of performance of COURT's

INTRADEPARTMENTAL CORRESPONDENCE

March 30, 2010 1.17

TO: The Honorable Board of Police Commissioners

FROM: Chief of Police

SUBJECT: REQUEST FOR APPROVAL OF AGREEMENT BETWEEN THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES AND THE CITY OF LOS ANGELES FOR REIMBURSEMENT FOR DATA CONVERSION SERVICES ON TRAFFIC CIT A nONS ISSUED BY THE LOS ANGELES POLICE DEPARTMENT

RECOMMENDED ACTIONS

1. That the Board of Police Commissioners APPROVE the Agreement to contract with the Superior Court of California, County of Los Angeles.

2. That the Board of Police Commissioners TRANSMIT the Agreement to the Mayor's Office and City Council for their review and approval.

3. That the Board of Police Commissioners AUTHORIZE the Chief of Police to execute the Agreement upon Mayoral and City Council approval.

DISCUSSION

The Los Angeles Police Department (LAPD) has had an agreement with the Superior Court of California, County of Los Angeles, since September 1992 to reimburse the Court for costs associated with data conversion services for the City's traffic citations issued by LAPD. The Superior Court utilizes Continental DataGraphics to convert LAPD traffic citations data. Its contract with DataGraphics is currently active through July 28, 2011. City Contract Number C105996, through which the City reimbursed the Superior Court for these conversion costs, expired on December 2, 2007. This new contract is to continue data conversion services for LAPD citations for the period August 1, 2009 through July 31, 2012 with two additional and successive one-year extension options. The City Attorney has approved this contract as to form and legality.

The first year cost based on annual volume is estimated to be $153,744 and $164,000 and $171,380 for the second and third year costs, respectively. The annual cost for each of the two one-year extensions is subject to the negotiated rates with Continental DataGraphics.

If you have any questions, please contact Maggie Goodrich, Commanding Officer, Information Technology Bureau, at (213) 486-0370.

CHARLIE BECK Chief of Police

Attachment

32592

Text Box

BPC No. 10-0153

AGREEMENT

BY AND BETWEEN

THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES

AND

THE CITY OF LOS ANGELES AT LOS ANGELES

FOR

REIMBURSEMENT TO COURT FOR DATA CONVERSION SERVICES ON TRAFFIC CITATIONS ISSUED BY THE LOS ANGELES POLICE DEPARTMENT

CONTRACT NUMBER 2009-010

TABLE OF CONTENTS

SECTION TITLE PAGE

1.0 APPLICABLE DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 2.0 PERIOD OF PERFORMANCE .................................. " 2 3.0 CONTRACT SUM ............................................. 2 4.0 INVOICES AND PAyMENTS ..................................... 2 5.0 DATA CONVERSION POLICIES AND PROCEDURES ................. 3 6.0 CHANGE NOTICES AND AMENDMENTS ....................... 3 7.0 INDEMNIFiCATION ............................................ 4 8.0 ADMINISTRATION OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 9.0 GOVERNING LAWS, JURISDICTION AND VENUE .. . . . . . . . . . . . . . . . .. 4 10.0 RECORD RETENTION AND INSPECTION. . . . . . . . . . . . . . . . . . . . . . . . .. 5 11.0 CONFIDENTIALITY AND DATA SECURITY ......................... 5 12.0 NOTICE OF DELAYS .......................................... 5 13.0 TERMINATION ............................................... 6 14.0 SEVERABILITY ., ............................................ , 6 15.0 AUTHORIZATION PAGE ..................... , ............. 7

EXHIBITS

EXHIBIT A Statement of Work .................................. A-1

EXHIBIT B Pricing and Billing Schedule. . . . . . . . . . . . . . . . . . . . . . . . . .. B-1

EXHIBITC COURTs Agreement No. 2008-015 ..................... C-1

This Agreement is made and entered into at Los Angeles, California by and between the CITY OF LOS ANGELES, a municipal corporation (hereinafter "CITY"), acting by and through its Los Angeles Police Department (hereinafter "LAPD") and the SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES (hereinafter "COURT"), as of the Effective Date, to reimburse COURT for the costs associated with data conversion services for CITY's traffic citations issued by LAPD, with regard to the following recitals.

WHEREAS, COURT has negotiated and will enter into a new agreement with Continental DataGraphics (COURT's agreement No. 2008-015) for data conversion services for traffic citations; and

WHEREAS, LAPD is one of the criminal justice agencies whose traffic citations are processed per the agreement with Continental DataGraphics; and

WHEREAS, LAPD has unique data processing requirements for their traffic citations which increases the cost COURT would otherwise pay for data conversion services; and

WHEREAS, CITY desires to reimburse COURT for the costs associated with COURT's processing of LAPD traffic Citations; and

WHEREAS, The State Judicial Council has determined that the Trial Court Funding Act of 1997, and Government Code section 77009, subdivision (b), authorizes COURT to enter into agreements such as the present one in furtherance of the exercise of COURT's judicial responsibilities; and

NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated as part of this Agreement, COURT agrees to provide CITY with accurate, timely, and complete data as supplied by Continental DataGraphics, and CITY agrees to reimburse COURT for its costs associated therewith, pursuant to the following terms and conditions:

1.0 APPLICABLE DOCUMENTS

1.1 This present document and attached Exhibit A (Statement of Work) and Exhibit B (Pricing and Billing Schedule), along with EXHIBIT C (COURT's agreement 2008015) which is hereby incorporated herein by reference and more fully details the scope of work performed by Continental DataGraphics, collectively shall constitute the complete and exclusive statement of understanding and accord between the parties relating to the subject matter of this Agreement (throughout and hereinafter referred to collectively as the "Agreement").

1.2 In the event of any conflict or inconsistency in the definition or interpretation of any word, responsibility, schedule, or the contents or description of any task, deliverable, goods, service, or other work, or otherwise, between and/oramong this present document and the Exhibits, such conflict or inconsistency shall be resolved by giving precedence first to the body of this present document and then to the Exhibits according to the following priority:

Contract Number 2009-010 -1

(1) EXHIBIT A Statement of Work

(2) EXHIBIT B Pricing and Billing Schedule

(3) EXHIBIT C COURT's Agreement 2008-015

2.0 PERIOD OF PERFORMANCE

2.1 The period of performance under this Agreement shall coincide with the period of performance of COURT's agreement No. 2008-015, commencing August 1, 2009 and continue for the period of three (3) years thereafter, unless sooner terminated, in whole or in part, as provided in this Agreement.

2.2 This Agreement may also be extended for up to two additional and successive oneyear periods of performance, to coincide with the extensions provided for under contract number 2008-015, at the discretion of the Court's Project Director.

2.3 COURT authorizes its Executive Officer/Clerk to extend this Agreement on a month-to-month basis, with the mutual written consent of COURT and CITY, for an additional period not to exceed six (6) months, only when this same option has been exercised under contract 2008-015.

3.0 CONTRACT SUM

The Contract Sum under this Agreement shall be the total monetary amount payable by CITY to COURT for Reimbursement of the COURT's costs associated with data conversion services for LAPD issued traffic citations being provided by Continental DataGraphics, as outlined more fully in Exhibit C, "COURT's Contract Number 2008-015". As described in Exhibit B, "Pricing and Billing Schedule", the actual contract sum is variable and will be based on the annual volume of citations issued by LAPD, and processed by Continental DataGraphics. The estimated first year cost, based on estimated annual volume, is One-Hundred Fifty-Three Thousand Seven Hundred Forty-Four Dollars (153,744). The estimated second year cost, based on estimated annual volume, is OneHundred Sixty-Four Thousand Dollars ($164,000). The estimated third year cost, based on estimated annual volume, is One-Hundred Seventy-One Thousand Three Hundred Eighty Dollars ($171,380). The annual cost for each of the two one-year extension is subject to the negotiated rates with Continental DataGraphics for each corresponding contract extension.

4.0 INVOICES AND PAYMENTS

4.1 COURT shall invoice CITY monthly for work performed and for supplying the service specified herein and priced in accordance with Exhibit B, "Pricing and Billing Schedule". COURT shall prepare monthly invoices. which shall include the charges owed to COURT by CITY for providing services during the previous month under the terms of this Agreement.

Contnlct Number 2009-010 -2

4.2 All invoices under this Agreement shall be submitted to the following address:

Jeffrey M. Jantz, Director of Systems Information Technology Division Los Angeles Police Department 100 West First Street, 8th Floor Los Angeles, CA 90012

4.3 CITY shall provide payment to COURT monthly, for work performed based on the number of records entered. for data entry services rendered during the previous month as specified herein and priced in accordance with Exhibit B, "Pricing and Billing Schedule".

5.0 DATA CONVERSION POLICIES AND PROCEDURES

5.1 COURT agrees to abide by all state and federal statutes concerning the security, privacy, and dissemination of any and all information transferred to Continental DataGraphics.

5.2 COURT shall be responsible for the accuracy, completeness, and timeliness of all data conversion services information it provides to CITY. CITY shall notify COURT within thirty (30) days of any information it receives from COURT that is not accurate or complete. COURT agrees to take whatever action is necessary in order to provide CITY with accurate and complete data.

5.3 COURT agrees to provide CITY all processed data within ten (10) days of COURT's receipt of data from Continental DataGraphics.

6.0 CHANGE NOTICES AND AMENDMENTS

6.1 COURT and CITY reserve the right to change any portion of the work required under this Agreement and any other provisions of this Agreement. All such changes shall be accomplished only as provided in this paragraph 6.0.

6.2 For any change that does not affect the scope of work, period of performance, payments, or any other term or condition included under this Agreement, a Change Notice shall be prepared and executed by COURT's Project Director and CITY's Project Director.

6.3 For any change that affects the scope of work, period of performance, payments, or any other term or condition included under this Agreement, a negotiated Amendment shall be prepared and executed in the same manner as the Agreement.


7.0 INDEMNIFICATION

Pursuant to the provisions of California Government Code Sections 895.4 et seq., CITY and COURT agree to indemnify and hold the other harmless from any and all loss or liability for injury or damage, actual or alleged, to person or property arising from the indemnifying party's acts or omissions in the performance of this Agreement.

In the event of third-party loss caused by the negligence, wrongful act or omission of more than one party, each party hereto shall bear financial responsibility in proportion to its percentage of fault as may be mutually agreed between them or judicially determined.

The provisions of California Civil Code Section 2778, regarding interpretation of indemnity agreements are hereby incorporated into this Agreement.

8.0 ADMINISTRATION OF AGREEMENT

This Agreement shall be administered by the following:

8.1 CITY's Project Director shall be:

Jeffrey M. Jantz, Director of Systems Information Technology Division Los Angeles Police Department 100 West First Street, 8th Floor Los Angeles. CA 90012

CITY's Project Director or his designee shall be responsive to COURT's concerns and questions regarding this Agreement.

8.2 COURT's Project Director shall be:

Frederick Klunder, Director Information Systems &Technology Bureau Superior Court of California, County of Los Angeles 111 N. Hill Street, Room 425-E Los Angeles, CA 90012

COURT's Project Director or his designee shall be responsive to CITY's concerns and questions regarding this Agreement.

9.0 GOVERNING LAWS, JURISDICTION AND VENUE

This Agreement shall be governed by and construed in accordance with the procedural and substantive laws of the State of California. Any action brought or maintained by either party to this Agreement shall be in the Central District of the Superior Court of California, County of Los Angeles, OR ANY Superior Court of any other County in the State of California with jurisdiction over the matter.


10.0 RECORD RETENTION AND INSPECTION

COURT agrees that CITY's duly authorized representative shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, time cards, or other COURT records relating to this Agreement. All such material, including all pertinent costs, accounting, financial records and proprietary data, shall be kept and maintained by COURT at a location designated by COURT for a period of three (3) years after termination of this Agreement, unless CITY's permission is given to dispose of such material prior to the end of the established retention period.

11.0 CONFIDENTIALITY

11.1 COURT shall take steps to ensure that CITY's proprietary and confidential materials, data, documents, and other information of any kind are safeguarded and held in confidence. COURT agrees not copy, reproduce or distribute such materials, data, documents or other information by any method, to non-COURT entities, without the express, written approval of CITY.

11.2 CITY shall protect the security of and keep confidential all records, materials, data, and information received, obtained or produced under the provisions of this Agreement. Further, CITY shall use whatever security measures are necessary to protect all such records, materials, data, and information from loss or damage by any cause, including, but not limited to, fire and theft.

11.3 CITY shall not disclose to any person or entity any information identifying, characterizing, or relating to any trait, feature, function, risk, threat, vulnerability, weakness, or problem regarding any data or system security in COURT's computer systems or to any safeguard, counter-measure, contingency plan, policy, or procedure for any data or system security contemplated or implemented by COURT, without COURT's prior written consent.

11.4 The provisions of these Section 11.0 paragraphs shall survive in perpetuity the expiration or other termination of this Agreement.

12.0 NOTICE OF DELAYS

Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Agreement, that party shall within two (2) business days, telephone the appropriate other party personnel to give notice thereof, including all relevant information with respect thereto, to the other party. Such telephone notification shall be followed up in writing within one (1) working day.


13.0 TERMINATION FOR CONVENIENCE

13.1 Services performed under this Agreement may be terminated in whole or in part at any time by either party, when such action is deemed by CITY or COURT to be in its best interest. Termination ofwork: hereunder shall be effected by delivery to CITY or COURT, by the requesting party, of a Termination Notice which specifies the extent to which services are terminated and the effective termination date. The effective date terminating services shall be no less than fifteen (15) calendar days from the date the written Termination Notice is delivered to either party.

13.2 After receiving a Termination Notice under this Subsection 13.2, and unless otherwise expressly directed by CITY, COURT shall:

A. Stop work: under this Agreement on the date and to the extent specified in the Termination Notice;

B. Transfer title and deliver to CITY all completed work and work in progress; and

C. Complete performance of such part of the work as shall not have been terminated by the Termination Notice.

13.3 After receipt of a Termination Notice, COURT shall submit to CITY, in the form and with the certifications as may be prescribed by CITY, its termination claim and invoice. Such claim and invoice shall be submitted promptly, but no later than three (3) months from the effective date of termination. Upon failure of COURT to submit its termination claim and invoice within the time allowed, CITY may determine, on the basis of information available to CITY, the amount, if any, due to COURT in respect to termination, and such determination shall be final. After such determination is made, CITY shall pay COURT the amount so determined.

13.4 COURT for a period of three (3) years after final settlement under this Agreement, shall make available to CITY, at all reasonable times at the office of COURT, all its books, records, documents, or other evidence bearing on the costs and expenses of COURT underthis Agreement with respect to the termination of work hereunder.

14.0 SEVERABILITY

If any provisions of this Agreement or the application thereof to any person or circumstance is held invalid, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby.

Contract Number 2009-010

15.0 AUTHORIZATION PAGE

IN WITNESS WHEREOF, the Superior Court of California, County of Los Angeles has caused this Agreement, No. 2009-010 to be subscribed by its Executive Officer/Clerk; and the City of Los Angeles, has caused this Agreement to be subscribed on its behalf by the Chief of Police, its duly authorized officer.

SUPERIOR COURT OF CALIFORNIA, CITY OF LOS ANGELES COUNTY OF LOS ANGELES

Date: 'bJ~~1)

APPROVED AS TO FORM

BY:~ D. BRETT BIANCO Court Counsel

Date: ,;zlltil 0

ATTEST:

JUNE LAG MAY

By: Deputy City Clerk

Date:

City Agreement No. _______

APPROVED AS TO FORM

By: TERRY MARTIN-BROWN Assistant City Attorney

Date:


EXHIBIT A Statement Of Work

This Exhibit A "Statement Of Work" sets forth the responsibilities of COURT:

1. SCOPE OF WORK

COURT's data conversion services for traffic citations will be performed for the next three (3) years by an independent contractor (Continental DataGraphics) which has been selected through the COURT's competitive bid process. All services shall be performed pursuant to COURT's Agreement No. 2008M015, which contains provisions for two (2) additional oneMyear extensions at the discretion of the COURT's Project Director. A complete description of services performed is more fully explained in that Agreement, attached hereto as Exhibit C.

Data conversion services on traffic citations issued by LAPD are included within the scope of COURT's Agreement No. 2008M015. However, LAPD has unique data entry requirements for its traffic citations that increase COURT's data conversion costs. In consideration ofCITY reimbursing COU RT for those increased costs as specified in Exhibit B "Pricing And Billing Schedule", COURT shall provide to CITY all data generated by Continental DataGraphics pursuant to COURT's Agreement No. 2008M015 as related to LAPD traffic citations.

2. DELIVERY

All data provided to CITY pursuant to this Agreement shall be in electronic format as provided to COURT by Continental DataGraphics, and shall be transmitted to CITY within ten (10) working days of receipt by COURT.

3. QUALITY CONTROL

When notified by CITY of any errors in data, COURT shall take all reasonable steps to ensure that Continental DataGraphics meets its obligation to maintain a control process designed to assure the integrity. quality, and security of its data conversion services. COURT shall facilitate communication between CITY and Continental DataGraphics to correct any errors in data.

The key entry error rate shall not exceed seventy-five hundredths of a percent (0.75%) of the day's submission of output records. COU RT shall not be reimbursed for the day's submission of work should the error rate for data supplied to CITY be in excess of 0.75%.

"Key entry error" is defined as one (1) error, i.e., incorrect keystroke, per output record. One or more errors per output record is construed as one error. An error in a duplicated field shall be counted as an error in each output record that contains the incorrect duplicated field. CITY shall notify COURT of errors within thirty (30) calendar days of the return of the completed work to CITY.


EXHIBITB Pricing And Billing Schedule

Contract costs during the period of performance under this Agreement will be based on the annual volume of citations issued by the Los Angeles Police Department and processed by the COURT's data entry vendor, Continental DataGraphics. Costs will be determined by:

1) Multiplying the total number of LAPD citations processed by half of the cost per 271 keystroke record processed (LAPD cover for half the cost and COURT cover the other half). The LAPD portion of the cost per record for years one, two and three being $0.21056, $0.23011, and $0.23931 respectively; and

2) Multiplying the total number of LAPD citations processed by the additional cost per 335 keystroke record processed (this represents the additional information LAPD requires above and beyond the information that COURT requires), and adding this amount to the amount from #1 above. The sum of the two figures shall be the total cost per year.

The year1y cost to LAPD for the first three years of this agreement is broken down as follows, and is based on estimated annual volume of citations submitted to Continental DataGraphics for processing, actual yearly cost may vary:

Year One

LAPD Citations Estimated Annual Price Per Record Estimated Maximum Volume Agreement Cost

271 Keystroke Record 675000 0.21506 $145.165.50


Estimated Total $153,744.08

Year Two




Year Three

271 Keystroke Record 675000 0.23931 $161,534.25

335 Keystroke Record 675000 0.01414 $9,544.50


Costs for option years four and five of the Agreement will be adjusted to the prevailing fiscal year workload projections and the negotiated rates with Continental DataGraphics. Should the price per record change at any time, as detailed in the COURT's Agreement with the vendor, the new fee will be used to compute the costs of this Agreement.


EXHIBITC Court's Agreement No. 2008-015

INTRADEPARTMENTAL CORRESPONDENCE 1.17 TO: The …2.0 PERIOD OF PERFORMANCE 2.1 The period of performance under this Agreement shall coincide with the period of performance of COURT's

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