07-21-2020 - AGENDA ITEM 18 CONSIDERATION OF ASSET FORFEITURE FOR POLICE EQUIPMENT AND SERVICES11/30/2020
Print Staff Report
AGENDA ITEM NO. 18
DATE: July 21, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
SUBJECT: CONSIDERATION OF ASSET FORFEITURE FOR POLICE EQUIPMENT AND
SERVICES
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve, by a majority vote of the entire City Council, dispensing with formal bidding procedures and
requirements in connection with the procurement of specialized services relating to the West Covina
Service Group's Computer Aided Dispatch and Records Management System (CAD-RMS), in
accordance with the requirements of Section 2-330(b) of the West Covina Municipal Code; and
2. Authorize the City Manager to negotiate and execute an agreement, in an amount up to $495,000, for a
term of two years, with Scientia Consulting Group, subject to City Attorney approval, for continued
services related to the West Covina Service Group CAD-RMS operations, from Account No.
117.31.3119.6120; and
3. Adopt the following resolution authorizing the necessary budget amendments:
RESOLUTION NO.2020-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL
YEAR COMMENCING JULY 1, 2020, AND ENDING JUNE 30, 2021 (ASSET FORFEITURE
FUNDS FOR POLICE EQUIPMENT AND SERVICES)
BACKGROUND:
The West Covina Police Department has received federal asset forfeiture funds totaling $2,985,000, stemming
from successful law enforcement and prosecution efforts of narcotics cases, spearheaded by the Department's
Special Enforcement Team (SET). These cases are joint local -federal operations, and are adjudicated at the
federal level, which is often a lengthy process that results in irregular receipts of these funds. The U.S.
Department of Justice produces a lengthy publication concerning the spending rules and prohibitions
associated with federal asset forfeiture funds. This publication is called the Guide to Equitable Sharing of
Federally Forfeited Property for State and Local Governments. Generally, asset forfeiture funds are approved
for new unbudgeted law enforcement uses, must be accounted for separately from other funds to adhere to
financial reporting and auditing requirements, and cannot be spent until the funds are actually received as
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mutually agreed upon in writing by the City and the Consultant. The Consultant shall present
documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of two (2) years, unless previously terminated as provided herein or as otherwise agreed
to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior
written notice to Consultant. In the event of such termination, Consultant shall immediately stop
rendering services under this Agreement unless directed otherwise by the City. If the City
suspends, terminates or abandons a portion of this Agreement such suspension, termination or
abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this
Agreement, it shall have ten (10) days after service upon it of written notice of such default in
which to cure the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City shall have the right, notwithstanding
any other provision of this Agreement, to terminate this Agreement without further notice and
without prejudice to any other remedy to which it maybe entitled to at law, in equity, or under this
Agreement.
The City also shall have the right, notwithstanding any other provisions of this Agreement,
to terminate this Agreement, at its option and without prejudice to any other remedy to which it
may be entitled to at law, in equity, or under this Agreement, immediately upon service of written
notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed
because of insolvency;
C. Make a general assignment for the benefit of creditors;
d. Default in the performance of any obligation or payment of any
indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record
for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or
rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
the effective date of the City's written notice of termination, within forty-five (45) days after the
effective date of the notice of termination or the final invoice of the Consultant, whichever occurs
last. Compensation for work in progress shall be prorated based on the percentage of work
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completed as of the effective date of termination in accordance with the fees set forth herein
4.4. Documents. In the event of termination of this Agreement, all documents prepared
by Consultant in its performance of this Agreement including, but not limited to, finished or
unfinished design, development and construction documents, data studies, drawings, maps and
reports, shall be delivered to the City within ten (10) days of the effective date of the notice of
termination, at no cost to City.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and
keep in full force and effect during the life of this Agreement all of the following minimum scope
of insurance coverages with an insurance company admitted to do business in California, with a
current AM. Best's rating of no less than AVII, and approved by City:
(a) Broad -form commercial general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury or bodily injury
with a policy limit of not less than Two Million Dollars ($2,000,000.00),
combined single limits, per occurrence. If such insurance contains a
general aggregate limit, it shall apply separately to this Agreement or shall
be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non -owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per accident for bodily injury and
property damage.
(c) Workers' compensation insurance as required by the State of California,
with Statutory Limits, and Employer's Liability Insurance with a limit of no
less than One Million Dollars ($1,000,000.00) per accident for bodily injury
or disease. Consultant agrees to waive, and to obtain endorsements from
its workers' compensation insurer waiving subrogation rights under its
workers' compensation insurance policy against the City, its officers,
agents, employees, and volunteers for losses arising from work performed
by Consultant for the City and to require each of its subcontractors, if any,
to do likewise under their workers' compensation insurance policies.
By execution of this Agreement, the Consultant certifies as follows:
I am aware of, and will comply with, Section 3700 of the Labor
Code, requiring every employer to be insured against liability of
Workers' Compensation or to undertake self-insurance before
commencing any of the work.
The Consultant shall also comply with Section 3800 of the Labor Code by
securing, paying for and maintaining in full force and effect for the duration
of this Agreement, complete Workers' Compensation Insurance, and shall
furnish a Certificate of Insurance to the City before execution of this
Agreement by the City. The City, its officers and employees shall not be
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responsible for any claims in law or equity occasioned by failure of the
consultant to comply with this section.
(d) Professional errors and omissions ("E&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined single
limits, per occurrence or claim, and Two Million Dollars ($2,000,000.00)
aggregate. Architects' and engineers' coverage shall be endorsed to
include contractual liability. If the policy is written as a "claims made" policy,
the retroactivity date shall be prior to the start of the work set forth herein.
Consultant shall obtain and maintain said E&O liability insurance during the
life of this Agreement and for five (5) years after completion of the work
hereunder. If coverage is canceled or non -renewed, and not replaced with
another claims -made policy form with a retroactive date prior to the
effective date of this Agreement, Consultant shall purchase "extended
reporting" coverage for a minimum of five (5) years after completion of the
work.
If the Consultant maintains higher limits or has broader coverage than the minimums
shown above, the City requires and shall be entitled to all coverage, and to the higher limits
maintained by the Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain,
the following provisions:
(a) Additional Insureds: The City of West Covina and its elected and appointed
boards, officers, officials, agents, employees, and volunteers are additional
insureds with respect to: liability arising out of activities performed by or on
behalf of the Consultant pursuant to its contract with the City; products and
completed operations of the Consultant; premises owned, occupied or
used by the Consultant; automobiles owned, leased, hired, or borrowed by
the Consultant.
(b) Notice of Cancelation: Each insurance policy required above shall provide
that coverage shall not be canceled, except with notice to the City.
(c) Primary Coverage: The Consultant's insurance coverage shall be primary
insurance as respects the City of WestCovina, its officers, officials, agents,
employees, and volunteers. Any other insurance maintained by the City of
West Covina shall be excess and not contributing with the insurance
provided by this policy.
(d) Waiver of Subrogation: Consultant hereby grants to City a waiver of any
right to subrogation which any insurer of said Consultant may acquire
against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to
affect this waiver of subrogation, but this provision applies regardless of
whether or not the City has received a waiver of subrogation endorsement
from the insurer.
(e) Coverage Not Affected: Any failure to comply with the reporting provisions
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of the policies shall not affect coverage provided to the City of West Covina,
its officers, officials, agents, employees, and volunteers.
(f) Coverage Applies Separately: The Consultant's insurance shall apply
separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a
deductible or self -insured retention to provide such coverage, the amount of such deductible or
self -insured retention shall be approved in advance by City. The City may require the Consultant
to purchase coverage with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention. The policy
language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied
by either the named insured or City.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance
showing the insurance coverages and required endorsements described above, in a form and
content approved by City, prior to performing any services under this Agreement. The City
reserves the right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way the
indemnification provision contained in this Agreement.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by the
parties in interest at the time of such modification.
6.2. Representatives. The City Manager or his or her designee shall be the
representative of City for purposes of this Agreement and may issue all consents, approvals,
directives and agreements on behalf of the City, called for by this Agreement, except as otherwise
expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Key Personnel. lt is the intent of both parties to this Agreement that Consultant
shall make available the professional services of Tony White and/or Phil Danie, who shall
coordinate directly with City. Any substitution of key personnel must be approved in advance in
writing by City's Representative. Other Scientia Staff, as assigned by Tony White or Phil Danie,
may also provide specific technical services.
6.4. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile, Email or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below and
placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service.
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Such communication shall be deemed served or delivered: a) at the time of delivery if such
communication is sent by personal delivery; b) at the time of transmission if such communication
is sent by facsimile or by Email; and c) 72 hours after deposit in the U.S. Mail as reflected by the
official U.S. postmark if such communication is sentthrough regular United States mail.
IF TO CONSULTANT: IF TO CITY:
Scientia Consulting Group City of West Covina
4368 E. La Palma 1444 West Garvey Ave. South
Anaheim, CA 92807 West Covina, CA 91790
Tel: 714-646-9283 Tel: 626-939-8401
Attn: Phil Danie Attn: City Manager
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this
Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and
expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of
any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or
provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los
Angeles County, California.
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall
be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant
of Consultant's obligation to perform all other obligations to be performed by Consultant
hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free
and harmless the City, its elected and appointed officials, officers, agents and employees, at
Consultant's sole expense, from and against any and all claims, demands, actions, suits or other
legal proceedings brought against the City, its elected and appointed officials, officers, agents
and employees arising out of the performance of the Consultant, its employees, and/or authorized
subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation
provided for hereunder shall apply without any advance showing of negligence or wrongdoing by
the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever
any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or
misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever
any claim, action, complaint or suit asserts liability against the City, its elected and appointed
officials, officers, agents and employees based upon the work performed by the Consultant, its
employees, and/or authorized subcontractors under this Agreement, whether or not the
Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise
asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the
defense or indemnification of the City for claims, actions, complaints or suits arising out of the
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sole active negligence or willful misconduct of the City. This provision shall supersede and
replace all other indemnity provisions contained either in the City's specifications or Consultant's
Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall have no power to incur
any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time,
or in any manner, represent that it or any of its or employees are in any manner agents or
employees of City. Consultant shall secure, at its sole expense, and be responsible for any and
all payment of Income Tax, Social Security, State Disability Insurance Compensation,
Unemployment Compensation, and other payroll deductions for Consultant and its officers,
agents, and employees, and all business licenses, if any are required, in connection with the
services to be performed hereunder. Consultant shall indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with the applicable
worker's compensation laws. City shall have the right to offset against the amount of any fees due
to Consultant under this Agreement any amount due to City from Consultant as a result of
Consultant's failure to promptly pay to City any reimbursement or indemnification arising under
this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and/or employee contributions for
PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to
Consultant's performance or services rendered under this Agreement, Consultant shall render
any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Consultant agrees that any such documents or information
shall not be made available to any individual or organization without the prior consent of City. Any
use of such documents for other projects not contemplated by this Agreement, and any use of
incomplete documents, shall be at the sole risk of City and without liability or legal exposure to
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Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses,
and expenses, including attorneys' fees, arising out of or resulting from City's use of such
documents for other projects not contemplated by this Agreement or use of incomplete documents
furnished by Consultant. Consultant shall deliver to City any findings, reports, documents,
information, data, in any form, including but not limited to, computertapes, discs,files audio tapes
or any other related items as requested by City or its authorized representative, at no additional
cost to the City. Consultant or Consultant's agents shall execute such documents as may be
necessaryfrom time to time to confirm City's ownership of the copyright in such documents.
6.13. Electronic Safeguards. Contractor shall identify reasonably foreseeable internal
and external risks to the privacy and security of personal information that could result in the
unauthorized disclosure, misuse, alteration, destruction or other compromise of the information.
Contractor shall regularly assess the sufficiency of any safeguards and information security
awareness training in place to control reasonably foreseeable internal and external risks, and
evaluate and adjust those safeguards in light of the assessment.
6.14. Economic Interest Statement. Consultant hereby acknowledges that pursuant to
Government Code Section 87300 and the Conflict of Interest Code adopted by City, Consultant
is designated in said Conflict of Interest Code and is therefore required to file an Economic Interest
Statement (Form 700) with the City Clerk, for each employee providing advice under this
Agreement, prior to the commencement of work, unless waived by the City Manager.
6.15. Conflict of Interest. Consultant and its officers, employees, associates and
subconsultants, if any, will comply with all conflict of interest statutes of the State of California
applicable to Consultant's services under this agreement, including, but not limited to, the Political
Reform Act of 1974 (Government Code Section 81000, et seq.) and Government Code Sections
1090-1092. Consultant covenants that none of Consultant's officers or principals have any interest
in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree
with the performanceof the services hereunder, including in any manner in violation of the Political
Reform Act. Consultant further covenants that in the performance of this Agreement, no person
having such interest shall be used by Consultant as an officer, employee, agent, or subconsultant.
Consultant further covenants that Consultant has not contracted with nor is performing any
services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s)
and/or partnership(s) owning property in the City and further covenants and agrees that
Consultant and/or its subconsultants shall provide no service or enter into any agreement or
agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s)
owning property in the City prior to the completion of the work under this Agreement.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City
while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any
of the attached Exhibits, the terms set forth in this Agreement shall prevail. 1, and to the extent
this Agreement incorporates by reference any provision of any document, such provision shall be
deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and
conditions of this Agreement and those of any such provision or provisions so incorporated by
reference, this Agreement shall govern over the document referenced.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation
and negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
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6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of City and Consultant and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.21. Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.22. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.23. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the offending
provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement,
based upon the substantial benefit of the bargain for any party, is materially impaired, which
determination made by the presiding court or arbitrator of competent jurisdiction shall be binding,
then both parties agree to substitute such provision(s) through good faith negotiations.
6.24. Counterparts and Electronic Signatures. This Agreement may be executed in one
or more counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one agreement. Counterpart written signatures may be
transmitted by facsimile, email or other electronic means and have the same legal effect as if they
were original signatures.
6.25. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so the parties hereto are formally bound to the provisions of this
Agreement.
6.26 Taxpayer Identification Number. Consultant shall provide City with a complete
Requestfor Taxpayer Identification Number and Certification, Form W9, as issued by the Internal
Revenue Service.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their respective authorized officers, as of the date first above written.
CITY OF W EST COVINA,
A municipal corporation
Date:
David Carmany
City Manager
CONSULTANT
Date:
Signature
Name and Title
Date:
Signature
Name and Title
ATTEST:
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:
Date:
City Attorney
APPROVED AS TO INSURANCE:
Date:
Risk Management
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EXHIBIT A
SCOPE OF SERVICES
1. RIGHTS AND LICENSES
1.1 Designated Software and Materials. West Covina Police hereby grants to
Scientia, a limited right to install, execute, copy, modify, display, and otherwise use all
Designated Software and all West Covina Police Materials, solely in order to perform
services under this Agreement if and only to the extent allowed by the license agreements
relating to the Supported Software.
1.2 West Covina Police Hardware. West Covina Police hereby grants to Scientia,
a limited right to use the West Covina Police Hardware solely in order to perform services
under this Agreement.
1.3 Required Consents. Prior to Scientia obtaining access to any Supported Software
or Supported Hardware, Scientia will obtain all consents, approvals, and agreements that
may be required from third parties for the grant of rights under Sections 1.1 and 1.2 and
for Scientia to perform the Services; provided however, that West Covina Police will obtain
any Required Consents applicable to West Covina Police Hardware and West Covina
Police Materials. If Scientia does not obtain any Required Consent or West Covina Police
does not obtain any West Covina Police Required Consent, the Parties will meet to
mutually agree upon alternative approaches to permit Scientia to perform the Services.
1.4 Costs of Assignment and Consents. West Covina Police shall pay any and
all third parry fees or costs associated with Sections 1.3 hereof other than with respect to
West Covina Police Materials, for which West Covina Police shall pay collectively, the
Assignment and Consent Costs.
2. SERVICES
2.1 Base Services. Subject to the terms and conditions of this Agreement, during the
Term, Scientia will provide to West Covina Police, and West Covina Police will obtain
from Scientia, Services for West Covina Police. Services include the following:
(1) Administrative services for the West Covina Service Group (WCSG) for the
purposes of partnership development, and business management, customer
acquisition, and existing customer retention. Assigned Scientia staff will
implement marketing and sales strategies with the goal of acquiring new
customers, working with existing business partners as appropriate. The business
management role will enhance the existing management team in place currently
servicing the customer base and will be responsible for the future success of
programs and offerings from the WCSG, in cooperation with existing business
partners. Assigned Scientia staff will attend onsite and offsite customer and
partner meetings, manage customer and partner needs, and participate in planning
and execution of new CAD-RMS products.
(2) Technical services for the WCSG Enterprise, including interface
programming, new CAD-RMS products, and other technical CAD-RMS products
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Print Staff Report
revenue. Moreover, these funds cannot be used to replace (supplant) funding levels for Police Department
items (like police officers, materials, services, supplies and equipment, etc.) previously funded from the City's
General Fund.
The federal asset forfeiture program encompasses the seizure and forfeiture of assets that represent the
proceeds of, or were used to facilitate, federal crimes. The primary mission of the program is to employ asset
forfeiture powers in a manner that enhances public safety and security. This is accomplished by removing the
proceeds of crime and other assets relied upon by criminals and their associates to perpetuate their criminal
activity against our society. Asset forfeiture has the power to disrupt or dismantle criminal organizations that
would continue to function if we only convicted and incarcerated specific individuals, denying these criminal
organizations of their ill-gotten gains and instead channeling those resources to enhance public safety.
DISCUSSION:
As outlined above, the West Covina Police Department has received federal asset forfeiture funds totaling
$2,985,000. There are sufficient funds available in the fund balance of Fund 117 for a range of needed public
safety items, which have been prioritized. These items include the following:
• Specialized computer services related to the West Covina Service Group (WCSG).
The Police Department needs to continue specialized computer services related to the West Covina
Service Group (WCSG). The City Council previously authorized the Police Department to contract with
Scientia Consulting Group for services related to the WCSG's Computer Aided Dispatch and Records
Management System (CAD-RMS), using federal asset forfeiture funds. The WCSG is midway in the
process of a transformative partnership that will change the technical operations of the WCSG's CAD-
RMS, and also its organizational structure. However, the existing purchase order with Scientia is
concluding. It is vital to the ongoing and future operations of the WCSG to continue these specialized
computer services with Scientia Consulting Group. Scientia staff possess detailed knowledge and
understanding of the WCSG infrastructure and needs, and come from law enforcement professions, each
having successfully passed a government background investigation. Scientia staff have worked
diligently, helping the WCSG develop partnerships and adapt to market changes in the overall CAD-
RMS industry.
Section 2-330(b) of the West Covina Municipal Code states that the City Council, by a majority vote of
the entire City Council, may dispense with the formal bidding procedures and requirements of Division
2 (Purchasing System) of Article VII (Purchases and Sales) of Chapter 2 (Administration) of the West
Covina Municipal Code upon a finding that "it would be impracticable, useless or uneconomical ... to
follow such procedures and ... the public welfare would be promoted by dispensing with the same." A
primary reason for this exemption is that, in some circumstances, a low bid for specialized services like
these does not constitute the best service provider. In this instance, specialized expertise is required,
including understanding of Criminal Justice Information Services (CJIS) computer protocols mandated
by the federal government that are specific to law enforcement databases, and detailed familiarity with
West Covina Service Group computer infrastructure. Selecting a different vendor would not meet the
computer security needs of the Police Department, but would instead jeopardize the security and
functionality of public safety computer operations. Staff believes it would be impracticable and would
not promote the public welfare to follow formal bidding requirements in connection with the
procurement of these services.
Therefore, staff recommends that the City Council dispense with formal bidding requirements and
procedures based upon a finding that following such requirements would be impracticable and
dispensing with such requirements would promote the public welfare. Staff also recommends that the
City Council and authorize the City Manager to execute and negotiate an agreement, in an amount up to
$495,000, for a term of two years, with Scientia Consulting Group, in a form approved by the City
Attorney, for continued specialized WCSG technical and administrative services --see Attachment No. 1.
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needed as part of the WCSG Enterprise, and/or by customers, in cooperation with
existing business partners when appropriate.
During the Term, and for so long as Scientia is not in breach of any material term or
provision contained herein (including, without limitation, the Service Levels), or, if such
breach exists, so long as Scientia cures such breach within a reasonable time after notice
thereof from West Covina Police, Scientia will be the exchisive provider for the types of
services.
2.2 Subcontracting. West Covina Police understands that before and after the date of
this Agreement, Scientia may have contracted, and may in the future contract, with third
parties to provide services in connection with all or any portion of the WCSG marketing,
management, and technical services to be provided under this Agreement. Scientia reserves
the right to continue to contract with third parties to provide the foregoing or to enter into
new contractual relationships for any of the foregoing; provided that no such
subcontracting shall relieve Scientia from its obligations hereunder.
3. WEST COVINA POLICE OBLIGATIONS
3.1 Scientia Policies. West Covina Police will comply with Scientia's reasonable
policies, procedures, requirements, and restrictions with respect to West Covina Police's
use of its Services.
3.2 Cooperation. In order to enable Scientia to perform the Services, West Covina
Police and Scientia will provide such mutual cooperation and assistance as reasonably
requested by the other Party. Such cooperation and assistance shall include providing to
Scientia in a timely manner answers to questions, information, technical consultation, and,
where applicable, acceptances. West Covina Police's Main Technical Contact will be the
West Covina Police principal point of contact for obtaining the foregoing. Scientia shall be
excused from performing its obligations and meeting any Service Levels to the extent
Scientia's performance is actually prevented or hindered by: West Covina Police 's
nonperformance; the failure by West Covina Police personnel or any West Covina Police
third -party contractor to adequately perform its tasks related to the Services; unreasonable,
untimely, inaccurate, or incomplete information from West Covina Police; the failure of
any Hardware or Software that is not the fault of Scientia; or the occurrence of an event
described in Section 12.3; West Covina Police agrees that, in connection with the
foregoing, Scientia shall be entitled to an extension of time to complete the affected
Services and, if applicable, an adjustment of the applicable fees.
3.4 New Software and Hardware. Any new or additional Software or Hardware
that Scientia may require from time to time to perform the Services will be purchased,
leased, or licensed by West Covina Police in its own name. Upon request, Scientia will
process such purchases in a manner consistent with the way in which such purchases were
processed within Scientia immediately prior to the Effective Date.
4. COORDINATION AND COMMUNICATION
4.1 Main Technical Contact. West Covina Police and Scientia will each appoint a
single "Main technical Contact" who will serve as the primary point of contact for the
other Party for matters related to this Agreement. Either Party may replace its Services
14
[Scientia Consulting Group]
Manager with an individual of comparable qualifications and experience by notifying the
other Party of such new appointment.
4.2 Service Performance Reviews. The Main Technical Contact's will meet
formally as needed and informally as needed in order to review Service Levels, address
new requirements, review outstanding issues and new issues and other items as needed.
Meetings will be scheduled based on the availability of both Services Managers.
4.3 Agreement Review. The Parties will meet, formally review and, to the extent
matually agreed upon by the Parties, update the terms, pricing, conditions and other details
of this Agreement so that the on -going business requirements of Scientia and West Covina
Police are met.
5. PRICING & PAYMENTS
5.1 Fees for Base Services. West Covina Police shall pay a rate of $85.75 per
hour for software developer services. West Covina Police shall pay a rate of $90.75 per
hour for all WCSG Marketing and Management Consultant Services. West Covina Police
shall pay a rate of $115.25 per hour for Senior Software Developer. The billing is as
follows: Onsite support shall be charged per use at a minimum of one hour, with subsequent
usage rounded up at fifteen (15) minutes increments thereafter, at the discretion of Scientia.
Telephone support shall be charged per use at a minimum of fifteen (15) minutes per
session, and rounded up at fifteen (15) minutes increments thereafter, at the discretion of
Scientia; Email support shall be charged per use at a minimum of fifteen (15) minutes, and
rounded up at fifteen (15) minutes increments thereafter, at the discretion of Scientia.
5.2 Reimbursement of Expenses. In addition to the Hourly Services Fee, West
Covina Police wilt reimburse Scientia for any expenses of the types and any other expenses
that the Parties reasonably and mutually agree should have been incurred by West Covina
Police in connection with, and only to the extent necessary for, performance of the West
Covina Service Group Marketing and Management Consultant Services. West Covina
Police shall reimburse Scientia for expenses incurred under the following terms and
conditions; (1) Scientia shall notify West Covina Police of the expenditure in advance and
with reasonable notice and (2) West Covina Police shall approve the expenditure in
advance. Reimbursement costs are subject to the same terms and conditions as outlined in
section 7.1.
5.3 Taxes. The fees and charges of Scientia under this Agreement exclude all
applicable income, franchise, excise, sales, use, gross receipts, value added, goods and
services, property, or similar tax imposed by any federal, state, or local taxing authority
and West Covina Police will be responsible for payment of all such Taxes and any related
penalties and interest, arising from the payment of fees and charges to Scientia. West
Covina Police will indemnify and hold Scientia harmless from any and all damages, losses,
liabilities, demands, awards, assessments, costs, penalties, and expenses, arising directly
or indirectly from West Covina Police's failure to collect or pay any of the Taxes required
to be collected or paid by West Covina Police.
5.4 Payments Invoices will be submitted on abiweekly basis. West Covina Police
will remit payment within 30 days of receipt of each invoice.
15
[Scientia Consulting Group]
6. CONFIDENTIALITY AND SECURITY OBLIGATIONS.
6.1 Privacy — West Covina Police. West Covina Police shall maintain in confidence, and
shall not disclose to any third party, unless directed to do so in writing by Scientia, or designee,
all data and materials firrnished by Scientia for services hereunder, and West Covina Police
agrees that such information shall not be used by West Covina Police for any purposes other
than the provision of processing services pursuant to this Agreement. West Covina Police's
obligation under this Paragraph is limited to diligent compliance with the same methods and
procedures that West Covina Police uses to protect its own confidential information from
disclosure. West Covina Police shall furnish Client Agency with a description of such
restrictions upon Client Agency's request.
6.2 Privacy — Scientia. Scientia shall maintain in confidence, and shall not disclose to
any third party, unless directed to do so in writing by West Covina Police, or designee, all
data, operational information, and materials furnished by West Covina Police for services
hereunder, and Scientia agrees that such information shall not be used by Scientia for any
purposes other than the provision of processing services pursuant to this Agreement.
Scientia's obligation under this Paragraph is lin ited to diligent compliance with the same
methods and procedures that Scientia uses to protect its own confidential information from
disclosure. Scientia shall fiirnish West Covina Police with a description of such restrictions
upon West Covina Police's request.
6.3 Security. The parties mutually agree that to the extent allowed by law, none of its
officers or employees shall use or reveal any research or statistical information fiunished by
any person and identifiable to any specific private person for any purpose other than the
purpose for which it was obtained. Copies of such information shall not, without the prior
written consent of the person furnishing such information, be admitted as evidence or used
for any purpose in any action, suit or other judicial or administrative proceedings, unless
ordered by a court of competent jurisdiction. Client Agency shall be notified immediately
upon receipt of any such order of court, pertaining to production of such information.
ACCESS TO COMPUTER SYSTEMS.
7.1 Access and Conformity. If either Parry is given access to any equipment,
computer, software, network, electronic files, or electronic data storage system owned or
controlled by the other Parry, the Parry provided access shall limit such access and use
solely to provide or receive, as applicable, WCSG Marketing and Management Consultant
Services under this Agreement and shall not access or attempt to access any equipment,
computer, software, network, electronic files, or electronic data storage system, other than
those specifically required to provide or receive, as applicable, the Services. Each Party
shall fin -it such access to those individuals with a requirement to have such access in
connection with this Agreement, shall advise the other Party in writing of the name of each
such person who will be granted such access, and shall strictly follow all security rules and
procedures of the other Party for use of that Party's electronic resources. All user
identification numbers and passwords disclosed to a Party by the other Party and any
nonpublic information of a Parry obtained by the other Parry as a result of their access to
and use of any equipment, computers, software, networks, electronic files, and electronic
data storage systems owned or controlled by the disclosing Parry, shall be deemed to be,
and shall be treated as confidential Each Party agrees to cooperate with the other Party in
the investigation of any apparent unauthorized access by the first Parry to any equipment,
16
[Scientia Consulting Group]
computer, software, network, clean -room, electronic file, or electronic data storage systems
owned or controlled by the other Parry, or any apparent unauthorized release of nonpublic
information by the first party's employees. Further, Scientia agrees that any persons
employed by Scientia who will have physical access with any CLETS equipment or
information, including its affiliates and subcontractors, have satisfied the requirements of
the California Department of Justice — CLETS Policies, Practices and Procedures, section
1.9.2, regarding adequate background checks. As used in this section, physical access
includes access accomplished by means of a remote connection.
8. LIMITATIONS OF LIABILITY
8.1 Waiver. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOSS
OF PROFIT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS
AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OCCURRING.
9. REPRESENTATIONS AND WARRANTIES AND LIMITATIONS.
DISCLAIMER. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS
SECTION, THE I.T. SERVICES PROVIDED UNDER THIS AGREEMENT ARE
PROVIDED "AS IS." EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS
SECTION, NEITHER PARTY MAKES ANY REPRESENTATIONS OR
WARRANTIES UNDER THIS AGREEMENT, AND EACH PARTY DISCLAIMS ANY
AND ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE., AND NON -INFRINGEMENT.
10. TECHNICAL SUPPORT
Technical support will be provided to the main technical contact person designated by West
Covina Police. Additional users may be added as required.
i Scientia offers no guarantee that it will be able to fix any particular issue.
Scientia will employ all reasonable efforts to do so in the time allowed.
Engineers will be assigned based on required skills.
ii. West Covina Police can use the time for hardware and/or software technical
assistance.
iii. Technical support will be available by phone during Scientia's normal 9 AM
to 5 PM (PST) business hours. After hours calls will be returned within a 2
hour period.
iv. Scientia guarantees that it will commence service on West Covina Police's
request the same business day where feasible. However, depending upon the
nature of the support requests, Scientia cannot guarantee a time of resolution.
V. Scientia assumes no liability whatsoever for proposed resolutions or fixes.
vi If requested, Scientia will provide a log outlining use of service hours upon
completion of each billing cycle.
17
[Scientia Consulting Group]
ATTACHMENT NO.2
I:7 R9 11U Y [110MZ M0RXlbll
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, ADOPTING A BUDGET
AMENDMENT FOR THE FISCAL YEAR COMMENCING
JULY 1, 2020, AND ENDING JUNE 30, 2021 (ASSET
FORFEITURE FOR POLICE EQUIPMENT AND SERVICES)
WHEREAS, the City Manager, on or about June 23, 2020, submitted to the City Council
a proposed budget for the appropriation and expenditure of funds for the City for West Covina for
Fiscal Year 2020-2021; and
WHEREAS, following duly given notice and prior to budget adoption, the City Council
held public meetings, receiving, considering and evaluating all comments, and adopted a budget
for the fiscal year commencing July 1, 2020 and ending June 30, 2021; and
WHEREAS, amendments must periodically be made to the budget to conform to changed
circumstances following adoption of the budget.
WHEREAS, the City has received federal asset forfeiture funds in the amount of
$2,985,000.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves Budget Amendment No. 3, attached
hereto as Exhibit A, related to federal asset forfeiture funds.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall
enter the same in the book of original resolutions and it shall become effective
immediately.
APPROVED AND ADOPTED this 21st day of July, 2020.
Tony Wu
Mayor
APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SIERRICK, Assistant City Clerk of the City of West Covina, California, do
hereby certify that the foregoing Resolution No. 2020-70 was duly adopted by the City Council
of the City of West Covina, California, at a regular meeting thereof hell on the 21st day of July,
2020, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
Exhibit A
Date:
Requested by:
Dept/Div:
EXPENDITURES
CITY OF WEST COVINA
BUDGET AMENDMENT
7/21/2020
Alex Houston
Police
BA # 3
Posted By:
Date Posted:
Fiscal Year: 2020-2021
Amount: $2,985,000
Description: Asset Forfeiture for Police programs
and equipment
Account Number
Dept/Account Description
Current Budget
Proposed
Amendment
Amended Budget
117.31.3120.5110
Sworn Salary
225,000.00
225,000.00
117.31.3120.6120
Other Cont. Services
50,000.00
50,000.00
117.31.3131.6120
Other Cont. Services
100 000.00
100 000.00
117.31.3110.6120
Other Cont. Services
70 000.00
70 000.00
117.31.3110.6145
Telephone/Data special lines
50 000.00
50 000.00
117.31.3119.6272
Software Licensing
115 000.00
115 000.00
117.31.3119.7160
Other Equipment
35 000.00
35 000.00
117.31.3119.6120
Other Cont. Services
695,000.00
695,000.00
117.31.3116.7130
Data Computer Equipment
35,000.00
35,000.00
117.31.3110.6050
Conferences, Meetings, Travel
15,000.00
15,000.00
117.31.3120.7170
Vehicles
535,000.00
535,000.00
117.31.3130.7170
Vehicles
250,000.00
250,000.00
117.31.3131.7170
Vehicles
185,000.00
185,000.00
117.31.3110.7160
Other Equipment
345 000.00
345 000.00
117.31.3110.7530
Building Improvements
85 000.00
85 000.00
117.31.3110.6220
Police Department Supplies
195 000.00
195 000.00
REVENUES
Account Number
Account Description
Current Budget
Propose
Amendment
Amended Budget
:EASON/JUSTIFICATION (Please be specific)
.o appropriate expenditures for the Police programs and equipment from federal asset forfeiture funds, as approves
iy the City Council on 7/21/2020.
APPROVALS
City Council Approval Date (if required, attach minutes): 7/21/2020 ❑ Approval Not Required
Dept Head Approval: see attached Date:
inance Director: Date:
unds Available? ❑ Yes ❑No
;sty Manager: see attached Date:
f over $100,000)
❑ Approved ❑ Denied
11/30/2020
Print Staff Report
In addition to the proposed agreement with Scientia Consulting Group, which requires immediate action, the
following items have been prioritized for funding. Some of the items below meet the cost threshold requiring
a competitive bid process. For those items, staff will organize and conduct the bids, and submit additional
Agenda Items to the City Council to consider awarding the bids at a future date.
• Continued Funding for Federal Task Force Officer Position
On March 6, 2018, the City Council approved an agreement assigning a West Covina Police Officer to
the U.S. Marshal Service (USMS) Pacific Southwest Regional Fugitive Task Force (RFTF) to
investigate and apprehend high grade, dangerous fugitives in the southwest region of the country.
Joining this task force greatly expanded WCPD's ability to apprehend dangerous fugitives who commit
crimes in and around West Covina, and has brought the regional and national resources of the RFTF to
our area, improving safety in the local community and region. The RFTF also reimburses West Covina
for certain overtime costs.
Assigning a WCPD Officer to the USMS Pacific Southwest RFTF allowed the creation of a new WCPD
Officer position, "backfilling" the officer assigned to the federal task force. This is one of very few
scenarios that allows asset forfeiture funds to be used for a sworn officer position. Funding for this
ongoing position must be renewed, totaling $225,000.
• Continued Law Enforcement Helicopter Services
On October 4, 2016, the City Council approved an agreement with the County of Los Angeles for the
Sheriff's Department to provide police helicopter services as needed, and appropriated estimated asset
forfeiture funding for this new service.This service has proven to be a very valuable officer safety tool,
allowing rapid access to regional law enforcement assistance. Funding for this ongoing service must be
replenished, totaling an estimated $50,000.
• Continued Funding for Interagency Supplemental Law Enforcement Investigative Services with the
California Highway Patrol
On December 20, 2016, the City Council appropriated asset forfeiture funds and approved an agreement
with the California Highway Patrol (CHP) to assign a dedicated CHP Officer to work with the Police
Department's Investigative & Support Services Division (ISSD), focusing on the investigation of
complex criminal cases on a regional level. CHP pays the salary and benefits of their Officer, but West
Covina reimburses CHP up to $100,000 for any overtime worked. The addition of this new CHP Officer
has proven very valuable, giving significant support to the mission of the Police Department, as well as
reliable access to resources on a statewide basis. During the next fiscal year, the estimated funding for
this service will be depleted, and must be renewed, totaling $100,000.
• Com-Net Regional Police Communications JPA
On September 17, 2013, the City Council authorized West Covina's participation in the multi -city East
San Gabriel Valley Regional Communications Network Joint Powers Authority ("Com-Net" JPA) that
joins together multiple public safety radio communications in a regional, digital system. Com-Net is tied
to the Interagency Communications Interoperability System JPA that is headquartered in Glendale. To
date, the costs associated with Com-Net have been paid using asset forfeiture funds. Replenished
funding totaling $120,000, is needed, as follows:
o Com-Net JPA membership and operational costs, totaling $70,000;
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o Dedicated Ethernet utility lines, totaling $50,000, are needed to carry dispatch voice and data
information to and from the Glendale headquarters.
• Law Enforcement Computer System Renewals
Previously, the Police Department used asset forfeiture funds to purchase a series of new computer
technology items, including firewalls, Dispatch consoles, virtualized infrastructure items, and new
software licenses. In order to ensure the continued security and functioning of Police Department
computer networks, the maintenance, licenses, and support for these items must be renewed, along with
some new computer infrastructure hardware, totaling an estimated $115,000 for software, an estimated
$35,000 for hardware, an estimated $695,000 for computer services (including Information Technology
support services, and West Covina Service Group technical and administrative services), and an
estimated $35,000 for Dispatch console computer maintenance.
• Special Enforcement Team Travel Costs
The SET Team's work on large scale international narcotics cases involving asset forfeiture often incurs
travel costs. Funding totaling an estimated $15,000 for these travel costs will be needed during this fiscal
year.
Police Vehicles
• Patrol Vehicles: The patrol vehicle is a basic tool needed by a patrol officer to perform the job of
providing police service to residents. For patrol officers, their office space is their vehicle, and
they count on those vehicles performing every time they enter them. These vehicles are used in
intense pursuits, and often run nonstop supporting multiple patrol shifts round the clock —this
greatly reduces these vehicles' useful lifespan in comparison to regular civilian passenger
vehicles. An estimated eight vehicles will be needed near the end of this fiscal year, totaling an
estimated $535,000, including warranties and vehicle mounted equipment.
• Investigations Vehicles: In addition to patrol vehicles, four of the older vehicles used by
Detectives have suffered mechanical problems, reducing the effectiveness of ongoing
operations. Replacement vehicles are needed, totaling an estimated $250,000, including vehicle
mounted equipment.
• Surveillance Vehicles: In addition to patrol vehicles, several vehicles used by the SET Team for
surveillance operations have suffered mechanical problems, reducing the effectiveness of ongoing
operations. Over the next year, it is projected that three replacement vehicles will be needed,
totaling an estimated $185,000, including vehicle mounted equipment.
• Other Police Equipment:
A range of equipment items, totaling $345,00, are also needed, as follows: Shields and defensive
equipment totaling an estimated $45,000; current generation radio equipment, compatible with the
digital interoperable Com-Net communication system, totaling an estimated $75,000, including digital
trunking encryption software; cell -phone based citations/ticketing system equipment, totaling an
estimated $150,000; new simulator training technology equipment, totaling an estimated $75,000.
• Police Facilities Remodel Funds:
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11/30/2020 Print Staff Report
Areas throughout the Police Station require remodeling work, including flooring, lighting and ceiling,
storage, and paint, totaling an estimated $85,000.
• Police Supplies:
A range of police supply items, totaling an estimated $195,000, are also needed for frontline law
enforcement operations, as follows:
o GPS based surveillance items and supplies used by the SET Team to track narcotics
suspects;
o Tactical supplies for the SWAT Team;
o Emergency response gear and police supplies supporting front line law enforcement.
o Traffic enforcement supplies
o Protective supplies
o Less lethal weapons and accessories
As outlined above, at this time staff is only requesting approval of an agreement with Scientia Consulting
Group and adoption of the resolution approving the budget amendments. For the items above requiring a
competitive bid, staff will return to the City Council for consideration of awarding those bids at a future date.
LEGAL REVIEW:
The City Attorney's Office has reviewed the resolution and approved it as to form.
Prepared by: Alex B. Houston, Police Administrative Services Manager
Additional Richard Bell, Chief of Police
Approval:
Additional Robbeyn Bird, Finance Director
Approval:
Fiscal Impact
FISCAL IMPACT:
The West Covina Police Department received federal asset forfeiture funds stemming from successful law
enforcement and prosecution efforts of narcotics cases, spearheaded by the SET team, such that there are
sufficient monies available in the fund balance of Fund 117 for all of the items detailed above, totaling
$2,985,000. As detailed in the proposed budget amendment, staff is recommending an expenditure
appropriation of that amount in Fund It 7.
Without these federal asset forfeiture funds, these unmet needs would become Police Department budget
requests, drawing on the City's General Fund. Thus, while these funds do not supplant existing budgeted
funds, they provide significant savings of General Fund money and alleviate current and future strain on the
City's fiscal resources while meeting unbudgeted Police Department needs. It is appropriate and allowable to
use available federal asset forfeiture funds for these items. There is no General Fund impact with this agenda
item.
Attachments
Attachment No. 1 - Draft Agreement with Scientia Consulting Group
Attachment No. 2 - Resolution 2020-71
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11/30/2020
Exhibit A - Budget Amendment
Print Staff Report
CITY Protect Public Safety
COUNCIL
GOALS &
OBJECTIVES:
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L II:My1lu1Diem"L X1
CITY OF WEST COVINA
PROFESSIONAL SERVICES AGREEMENT
WITH
SCIENTIA CONSULTING GROUP
FOR
WEST COVINA SERVICE GROUP (WCSG) ADMINISTRATIVE
AND TECHNICAL SERVICES
THIS AGREEMENT is madeand entered into this 21 st day of July, 2020 ("Effective Date"),
by and between the CITY OF WEST COVINA, a municipal corporation ("City"), and "Scientia
Consulting Group", a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent
contractorto Cityto provide WCSG administrative and technical services,as morefully described
herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code Section 37103, and holds all necessary
licenses to practice and perform the services herein contemplated, except that if Consultant is
required to but does not yet hold a City business license, it will promptly obtain a business license
and will not provide services to the City until it has done so; and
C. WHEREAS, City and Consultant desire to contract for the specific services
described in Exhibit "A' and desire to set forth their rights, duties and liabilities in connection with
the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this
Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described
in the Scope of Services attached hereto as Exhibit "A," incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. Consultant also warrants that it is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that may affect
Consultant's performance of this Agreement. Consultant shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in any way affect
1
Scienta Consulting Group
Form Updated August 2019
the performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations. City officers and employees shall not be
liable at law or in equity for any claims or damages occurring as a result of failure of the Consultant
to comply with this section.
1.3. Performance to Satisfaction of Citv. Consultant agrees to perform all the work to
the reasonable satisfaction of the City. Evaluations of the work will be conducted by the City
Manager or his or her designee. K the quality of work is not satisfactory, City in its discretion has
the right to:
(a) Meet with Consultant to review the quality of the work and resolve the
matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is
satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws, including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers' compensation; and all other Federal,
State and local laws and ordinances applicable to the services required under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in,
nor permit its agents to engage in, discrimination in employment of persons because of their race,
religion, color, national origin, ancestry, age, physical or mental disability, medical condition,
genetic information, pregnancy, marital status, sex, gender, gender identity, gender expression,
sexual orientation, or military or veteran status, except as permitted pursuant to Section 12940 of
the Government Code.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.7. Confidentiality. Employees of Consultant in the course of their duties may have
access to financial, accounting, statistical, and personnel data of private individuals and
employees of City. Consultant covenants that all data, documents, discussion, or other
information developed or received by Consultant or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data shall be
returned to City upon the termination of this Agreement. Consultant's covenant under this Section
shall survive the termination of this Agreement.
1.8 Public Records Act Disclosure. Consultant has been advised and is aware that
this Agreement and all reports, documents, information and data, including, but not limited to,
computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors,
pursuant to this Agreement and provided to City may be subject to public disclosure as required
by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade
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secrets, as that term is defined in California Government Code Section 6254.7, and of which
Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all
information obtained by it that is designated as a trade secret. The City shall not, in any way, be
liable or responsible for the disclosure of any trade secret including, without limitation, those
records so marked if disclosure is deemed to be required by law or by order of the court.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set
forth in Exhibit 'A," attached hereto and made a part of this Agreement (the "Fee Schedule').
Consultant's total compensation shall not exceed Four Hundred and Ninety Five Thousand
Dollars ($495,000).
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services unless the City, prior to Consultant performing the
additional services, approves such additional services in writing. It is specifically understood that
oral requests and/or approvals of such additional services or additional compensation shall be
barred and are unenforceable. Should the City request in writing additional services that increase
the Scope of Services, an additional fee based upon the Consultant's standard hourly rates shall
be paid to the Consultant for such additional services. Such increase in additional fees shall be
limited to 25% of the total contract sum or to the maximum total contract amount of $25,000,
whichever is greater. The Department Head or City Manager is authorized to approve a Change
Order for such additional services.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a
progress basis, but no more often than once a month. Said invoice shall be based on the total of
all Consultant's services which have been completed to City's sole satisfaction. City shall pay
Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each
invoice shall describe in detail the services performed, the date of performance, and the
associated time for completion. Any additional services approved and performed pursuant to this
Agreement shall be designated as "Additional Services" and shall identify the number of the
authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City for inspection and/or audit at mutually convenient times from the Effective
Date until three (3) years after the termination or expiration of this Agreement.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. Unless otherwise agreed to by the
parties, the professional services to be performed pursuant to this Agreement, referenced in
Exhibit A, shall commence within five (5) days from the Effective Date of this Agreement. Failure
to commenceworkin a timely manner and/or diligently pursue work to completion maybe grounds
for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with
laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a
party. If a delay beyond the control of the Consultant is encountered, a time extension may be
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