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08-79 Resolution No. 08-79 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DELTAWRX MANAGEMENT CONSULTANTS (Management System Replacement for Police Records) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin City Manager,be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Deltawrx Management Consultants for consulting services related to management system replacement for police records,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: March 26, 2008 Adopted: March 26, 2008 Omnibus Vote: Yeas: 4 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk • CITY OF ELGIN AGREEMENT FOR RFP Number:07-106 for:Consulting Services Related to Municipal Management Services This Agreement is made and entered into this 26thlay of March, 2008, by and between the City of Elgin ("the CITY"), a municipal corporation organized and existing under the laws of the State of Illinois, and DELTAWRX , incorporated in the state of Californ ia and having a principal place of business at 21700 Oxnard Street,Woodland Hills,CA, 91367("the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement, the Request for Proposals (RFP) including all documents referenced therein and the Contractor's Proposal response(Proposal)thereto incorporated by reference herein and made a part hereof. The CONTRACTOR agrees to provide the goods and/or services all in accordance with the RFP and CONTRACTOR'S Proposal. In the event there is a conflict between this Agreement and the Proposal documents, the Proposal documents shall supersede this Agreement. ARTICLE II. DURATION. The CONTRACTOR shall commence the performance of THIS CONTRACT upon receipt of a fully- executed Contract from the City. The CITY shall have the option to renew THIS CONTRACT for a second year at the same terms and conditions,including price. ARTICLE HI. TERMINATION. The following shall constitute events of default under THIS CONTRACT: a) any material misrepresentation made by the CONTRACTOR to the CITY,b) any failure by the CONTRACTOR to perform any of its obligations under THIS CONTRACT including,but not limited to,the following: (i) failure to commence performance of THIS CONTRACT at the time specified in THIS CONTRACT due to a reason or circumstance within the CONTRACTOR's reasonable control,(ii) failure to perform THIS CONTRACT with sufficient personnel and equipment or with sufficient material to ensure the completion of THIS CONTRACT within the specified time due to a reason or circumstance within the CONTRACTOR's reasonable control,(iii) failure to perform THIS CONTRACT in a manner reasonably satisfactory to the CITY,(iv) failure to promptly re-perform within reasonable time the services that were rejected by the CITY as erroneous or unsatisfactory,(v) failure to comply with a material term of THIS CONTRACT, including, but not limited to the Affirmative Action requirements, and(vi) any other acts specifically and expressly stated in THIS CONTRACT as constituting a basis for termination for cause. The CITY may terminate THIS CONTRACT for its convenience upon fourteen(14)days prior written notice. ARTICLE IV. DAMAGES. From any sums due to the CONTRACTOR for goods or services,the CITY may keep for its own the whole or any part of the amount for expenses, losses and damages as directed by the Purchasing Director,incurred by the CITY as a consequence of procuring goods or services as a result of any failure, omission or mistake of the CONTRACTOR in providing the goods and services as provided in THIS CONTRACT. ARTICLE V. GOVERNING LAWS AND ORDINANCES. This CONTRACT is made subject to all the laws of the State of Illinois and the ordinances of the CITY and if any such clause herein does not conform to such laws or ordinances,or in the event any of the terms or provisions herein are deemed to be void or otherwise unenforceable for any reason, such clause shall be void (the remainder of the contract shall not be affected)and the laws or ordinances shall be operative in lieu thereof. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this CONTRACT shall be in the Circuit Court of Kane County,Illinois. ARTICLE VI. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race,color,religion,sex,ancestry,national origin,place of birth,age,or physical handicap which would not interfere with the efficient performance of the job in question. The CONTRACTOR will take affirmative action to comply with the provisions of Elgin Municipal Code Section 3.12.100 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. The CONTRACTOR will distribute copies of this commitment to all persons who participate in recruitment, screening,referral and selection of job applicants and prospective subcontractors. The CONTRACTOR agrees that the provisions of Chapter 3.12 of the Elgin Municipal Code, 1976,is hereby incorporated by reference,as if set out verbatim. ARTICLE VII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. ARTICLE VIII. AMENDMENTS. There shall be no modification of the CONTRACT, except in writing and executed with the same formalities of the original. ARTICLE IX. NOTICES. Any notice given under this CONTRACT shall be in writing and shall be deemed to have been given rwhen hand delivered or deposited in the U.S.mail,certified or registered,return receipt requested,addressed,if to CONTRACTOR,at the address set forth above to the attention of the project manager or undersigned representative,and if to the City,to the attention of the City Manager, 150 Dexter Court,Elgin, IL 60120 or to such other address and/or authorized representatives as either party shall designate in writing to the other in the manner herein provided. r ARTICLE X. INDEMNIFICATION. To the fullest extent permitted by law,Contractor agrees to and shall indemnify,defend and hold harmless the City,its officers,employees,boards and commissions from and against any and all claims, suits,judgments,costs, attorney's fees,damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Contractor or Contractor's officers, employees,agents or subcontractors in the performance of this CONTRACT,including but not limited to,all goods delivered or services or work performed hereunder.In the event of any action against the City,its officers,employees,agents,boards or commissions covered by the foregoing duty to indemnify,defend and hold harmless,such action shall be defended by legal counsel of the City's choosing. ARTICLE XI. PUBLICITY. The CONTRACTOR may not use, in any form or medium,the name of the City of Elgin for public advertising unless prior written permission is granted by the CITY. ARTICLE XII. APPROPRIATIONS. The fiscal year of the CITY is the 12 month period ending December 31. The obligations of the CITY under any contract for any fiscal year are subject to and contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in that fiscal year and authorization to spend such funds for the purposes of the contract. If, for any fiscal year during the term of the CONTRACT, sufficient funds for the discharge of the CITY'S obligations under the contract are not appropriated and authorized,then the CONTRACT shall terminate as of the last day of the preceding fiscal year. Or when such appropriated and authorized funds are exhausted,whichever is later without liability to the CITY for damages,penalties or other charges on account of such termination. ARTICLE XIII. ENTIRE AGREEMENT. This CONTRACT embodies the whole agreement of the parties. There shall be no promises, terms, conditions or obligations other than those contained therein; and this CONTRACT shall supersede all previous communications,representations,or agreements,either verbal or written,between the parties. The person signing THIS CONTRACT certifies that s/he has been authorized by the CONTRACTOR to commit the CONTRACTOR contractual and has been authorized to execute THIS CONTRACT on its behalf. IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. CONTRACTOR tam 0 Chtei Name and Title Olufemi •1Trin City Mana - FEIN NO. 95-4818953 r < , ELGIN IL. City of Elgin Best and Final Offer for RFP #07-106 Consulting Services Related to Police Records Management System (RMS) February 26, 2008 e DELTAWRX_ management consultants E ) DELTAWRX management consultants 21700 Oxnard Street Suite 530 Woodland Hills, California 91367 (818) 227-9300 a► (818) 227-9301 g February 26, 2008 Mr.Joe Bush Public Safety Systems Specialist City of Elgin—Police Department 151 Douglas Avenue Elgin, IL 60120 Dear Mr. Bush: DELTAWRX is pleased to submit our revised proposal to assist the Elgin Police Department (Department) in replacing its interim Police Records Management System (RMS)with a new comprehensive system. We have adjusted our proposed work plan to try and accommodate the Department's needs in the most comprehensive and efficient manner possible. Phase I — Agency Analysis Task 1- Conduct Project Planning Workshop—To initiate the project,we will conduct a planning workshop with the RMS Committee and key project stakeholders. The primary goal of this meeting is to have all involved parties agree upon the project objectives, timeline and deliverables. During the meeting,we will discuss our work plan,project logistics and any challenges that may be anticipated during the project. The second goal of the workshop is to identify long-term goals and priorities for RMS, field reporting and related systems hardware, application software and data sharing in a roundtable format. During this meeting, DELTAWRX will ask the RMS Committee to begin identifying interview and focus group participants. We will also discuss the means and frequency of communicating throughout the project, and develop a strategy to ensure that all stakeholders are provided with information on key project activities and status. D E LTAW RX February 26, 2008 management consultants: Page 1 Task 2- Review Existing Materials—We will review any information that is available on both current and future systems and operations that will impact the procurement. Examples of materials we will review include: • Previous studies • Current and stand alone databases • Documented functional requirements • Systems hardware and operating system design diagrams • Network architectures and communications protocols • Systems security requirements • Capacity,growth and limitations • Current in-house and third-party developed software • Report writing and application development tools available • Local, County, State and Federal interfaces • Support,maintenance and warranty requirements • Product upgrade and replacement cycle requirements • Staffing estimates and studies • Management statistics • Budgetary information In addition to these items,we will review any other material that the RMS Committee believes may provide insight into the desired systems. Task 3 - Identify Business Needs—Building on the results of the previous tasks,we will prepare an assessment of the business needs to be addressed by prospective RMS and field reporting solutions. We will utilize a SWOT (Strengths,Weaknesses, Opportunities,Threats) analysis to distill key findings and identify the following core business needs: • Functional • Organizational and staffing • Performance • Backup and recovery • Upgrades and enhancements • Training • Installation • Testing • Warranty and maintenance support • Internal and external interfaces/systems DELTAWRX will present our findings to the RMS Committee and appropriate stakeholders. Based upon our analysis and experience,we will identify the factors critical to ensuring Department objectives are achieved. These success factors are not only technical, but also organizational, DELTAWRX' February 26, 2008 manage menl tonsuiianrs Page 2 operational, regulatory and financial. We will address these issues both on a short-term and long- term basis. Phase II — Functional Specifications Task 4- Document Functional Requirements—Based on the results of our previous tasks,we will develop a functional requirements document that will address all of the system components required by the Department. Likely categories for which we will develop functional requirements include: • RMS • Automated Field Reporting • Message Switch,if appropriate • Interfaces and Integration • Project Management • Training • Data Conversion • System Administration • Installation • Maintenance and Support • Reliability and System Performance • Contractual • Miscellaneous We will work collectively with the Department to review these requirements throughout the project and will use this document as the basis for the Functional Requirements section that will be eventually included in the Request for Proposal (RFP) to be issued to prospective solution providers. The functional requirements will follow the LEITSC Standard Functional Specifications for Law Enforcement Records Management Systems. DELTAWRX has had success following the LEITSC functional specifications guidelines on other assignments, and will tailor the guidelines to ensure inclusion of the Elgin Police Department's specific requirements. We strongly recommend that the RFP include a draft contract that is customized to the procurement of RMS systems and that the vendors be asked to state any exceptions they have to the Department's terms and conditions. This should allow the Committee to evaluate the vendors' proposals in light of the vendors' desired contractual terms. DELTAWRX will present the results to the City of Elgin to RMS Committee. DELTAWRX will facilitate a meeting to gather and incorporate input and edits to the requirements prior to finalizing the document. eDELTAWRX February 26, 2008 management consultants) Page 3 Phase Ill - Vendor Selection Task 5 -Assist in Preparation of Selection Criteria,Technical Evaluation Plan and Workbooks —To facilitate the selection of the Department's system provider(s),we will develop a technical evaluation and selection plan that outlines the criteria and process that will be followed during this phase. We will develop an evaluation workbook that includes worksheets for the analysis of the submitted proposals in order to ensure that the selection process is fair and objective. The workbook will also enable Elgin PD to accurately assess the vendor's technical capabilities and ability to successfully complete this project and maintain a high level of service to the agency over the long-term. Included will be written instructions describing the evaluation methodology and weighted point values for all categories. By documenting and adhering to a foinialized evaluation process, the Department will minimize the potential for protests by unsuccessful bidders. Task 6 -Assist with Preparation of Bidders Conference - In conjunction with Department staff, we will assist the Department in preparing for a Bidders Conference for interested parties in order to provide an overview of the procurement process, discuss system requirements and answer questions from potential bidders. If issues are addressed that clarify or change the requirements of the RFP, we will assist the Department in preparing an addendum to be issued to prospective vendors. Task 7 - Review Proposals—With the Department's project team,we will review all vendor proposals received in response to the solicitation. We will create and complete an evaluation worksheet for each vendor and will meet with the project team to review our completed workbook. Task 8 - Conduct Economic Analysis—After our initial review,we will perform a comprehensive economic analysis of each proposal. We will examine both one-time and recurring costs for items such as system software, ancillary hardware, site preparation,installation,licensing, conversion, training and maintenance. We will also attempt to identify and project costs that vendors often fail to include. At the conclusion of this task,we will place up to three finalists on the short list for further consideration. Task 9-Assist with Recommendation of Most Qualified System Vendor(s) —At the conclusion of the proposal review process,we will work with the RMS Committee to recommend the vendor(s)whose proposed solution best meets the Department's overall needs and requirements. We will prepare a report outlining our semi-finalist recommendations and present it to the RMS Committee. The report will document the selection process and will include a summary of the strengths and weaknesses for each of the finalists. Phase IV - Contract Negotiations Task 10 - Conduct a Pre-Negotiation Strategy Session—In order to prepare the Department for contract negotiations,we will conduct a session with the Department's internal negotiating team to discuss and finalize the overall negotiating strategy. In this session,we will examine Department issues,positions and interests in order to determine the most desired outcomes in a negotiated DELTAWRX''' February 26, 2008 management consultants Page 4 agreement. We also will review and summarize the finalist vendor's responses and exceptions to the draft contract included in the RFP. Among the issues we will discuss and prioritize are: • Terms and Conditions: Which terms and conditions (if any) are "deal breakers" for the Department? • Price: What is the Department's desired price for the implementation? Is further funding available if the project team requires additional functionality from the vendor? • BATNA: What is the Department's "best alternative to a negotiated agreement?" In order to successfully negotiate an agreement, the Department must understand the alternatives to signing an agreement with the selected vendor. • Design Flexibility: Can cost savings be realized by substituting the vendor's off-the-shelf functionality for customized features or system components? • Timeframe: How time sensitive is the implementation, e.g.,is there a must-complete date for cutover of the system? We also will attempt to develop a negotiating profile for the selected vendor in order to better understand their issues,positions and interests. By anticipating the vendor's negotiating strategy, the Department's negotiating team will be better equipped to negotiate an agreement that both protects the Department's interests and provides an acceptable outcome for the vendor. We suggest that the negotiating team be kept as small as possible. However,we recommend that representatives from the legal and purchasing staff of the Department be included on the team and attend all meetings, from project onset if possible. Task 11-Assist in Contract Negotiations—We will assist the Department in negotiating a contract with the selected vendor that will allow implementation of the improved systems within the Department's guidelines. Although we are not attorneys,we will provide subject matter expertise to the team and assist in formulating negotiating strategies. We will work closely with appropriate legal and purchasing staff,whose participation in this process will be critical to its ultimate success. Among the contract components that we will review include: • System design • Scope of work • Performance terms and conditions • Service level agreement • Maintenance agreements • System performance criteria • Pricing schedules • Software license terms • Installation responsibilities DELTAWRX February 26, 2008 management consultants'''. Page 5 • Customization and integration strategy • Change order policies • Order of precedence • Payment milestones and terms • Benchmarking • Holdback criteria • Responsibility matrices • Functional acceptance testing • System performance and reliability testing • Key personnel • Insurance • Warranty • Assignment • Termination clauses • Remedies for non-compliance • Others The Department shall retain "ownership" of the contract, and project staff should take responsibility for editing the contract documents and distributing changes to the participants. At the conclusion of each negotiating meeting,we will provide the Department with an action item list that summarizes the major outstanding issues. By working diligently with all parties through these issues, an agreement that clearly protects the Department's interests should be reached. We propose to perform Phases I—IV of this project over a 12 month period for the not-to-exceed amount of$143,158. This fee is inclusive of all expenses related to the project. A detailed pricing schedule of our proposed services is as follows: DELTAWRX February 26, 2008 management consultants Page 6 Task# Task Hours Fees P 's—eV AAgtncyt iffilVet 1 Conduct Project Planning Workshop 24 $4,320 2 Review Existing Materials 40 $7,200 3 Identify Business Needs 80 $14,400 Subtotal 144 $25,920 Expenses $4,666 Phase I Total-Fees and Ex•enses $30,586 Taask-# Task , s Hours Fees 'ha iii i�6^Rim�Oadif i * . d t7gret ` ,y { 4 1Document Functional Requirements 1501 $27,000 Subtotal 150 $27,000 Expenses $4,860 Phase II Total-Fees and Expenses $31,860 Task# Task Hours Fees PhR i «.t r 4zcx ass. .`a�'� w.� ';M r �ase�tl�-��s�(���'���SCI�1'1�� � .��- ��-,a -u�v� .. .: _,.,� - ., -� 5 Prepare Selection Criteria, Evaluation Plan and Workbooks 40 $7,200 6 Facilitate Bidders Conference 8 $1,440 7 Review Proposals 160 $28,800 8 Conduct Economic Analysis 16 $2,880 9 Assist with Recommendation 40 $7,200 Subtotal 264 $47,520 Expenses $8,554 Phase Ill Total-Fees and Ex senses $56,074 Task# Task Hours Fees pi'zas�,llt������1Era+c�t�;rgofra�ons �, �'� Mtt ..ti 3 n;' E i 10 Conduct a Pre-Negotiation Strategy Session 16 $2,880 11 Assist in Contract Negotiations 100 $18,000 Subtotal 116 $20,880 Expenses $3,758 Phase IV Total-Fees and Expenses $24,638 Thank you for the opportunity to work with the Elgin Police Department. If you have any questions,please contact me at (213) 247-2243 or Michael Thayer at (310) 722-1745. We look forward to working with you on this most important assignment. Very truly yours, Brian Hudson Partner DELTAWRX February 26, 2008 mana,gemenf co nsultanfs Page 7 At* tt 11667 March 7, 2008 TO: Mayor and Members of the City Council —' FROM: Olufemi Folarin, City Manager �.� g Robert Duffy, Deputy Chief of Police SUBJECT: Police Records Management System Consultant PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the hiring of Deltawrx to perform consulting services for the Police Records Management System (RMS) replacement. RECOMMENDATION It is recommended that the City Council authorize the engagement of the services of Deltawrx Consultants for the not-to-exceed amount of$143,158. BACKGROUND The City of Elgin Police Department has initiated a process to replace the current interim Police Records Management System with a new comprehensive records management system. The Police Department had been running on the Illinois Criminal Justice Authority's Police Information Management Records Management System (PIMSNET) application for several years, which was recently replaced with an interim records management system (WebRMS) application by Woodland Computing Services. The Police Department is seeking a comprehensive and modern records management system to encompass all areas and components of the Department with the cutting edge of technology. The entire process was driven on the national standards adopted and set forth in the standard functional specifications for law enforcement records management systems by the Law Enforcement Information Technology Council. Due to the project's complexity, a Request for Proposal (RFP) for RMS consulting services was let. The RFP requested the responders to cost out factors related to agency analysis, functional specifications, vendor selection, and implementation phases of the Department's replacement Records Management System project. Police RMS Consultant March 7, 2008 Page 2 The Request for Proposal was advertised in the Courier News and on the City's website on August 21, 2007. Ten firms responded. Staff eliminated the bottom five firms that did not have experience in the area of Field Based Reporting, RMS Implementation, Public Safety Systems Experience, and other projects relating to law enforcement. The top five firms were evaluated based on their references in relation to the previously mentioned categories. Deltawrx was selected after several negotiations of tasks to be performed. Staff is confident that Deltawrx's experience will facilitate the City in procuring the best RMS system. An attachment of the expected tasks to be performed and cost is attached. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The not-to-exceed amount cost of the contract with Deltawrx is $143,158. There are sufficient funds budgeted ($1,000,000) and available ($1,000,000) in the Riverboat Fund, account number 275-0000-791.92-50, "Office Equipment,"project number 230037, to enter into the agreement. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to engage the services of Deltawrx Consultants. 2. The City Council may choose to engage the services of another consultant firm. 3. The City Council may endeavor to proceed in the RMS project without the services of a consultant. Respectfully submitted for Council consideration. rd Attachment