11-186 Resolution No. 11-186
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
CHAYA FRIEDMAN, DOING BUSINESS AS DACRA, FOR SOFTWARE TO ENHANCE
THE POLICE ADMINISTRATIVE ADJUDICATION SYSTEM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that
pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED that Sean R. Stegall,City Manager,and Kimberly A.Dewis,
City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City
of Elgin with Chaya Friedman, doing business as Dacra, for software to enhance the police
administrative adjudication system, a copy of which is attached hereto and made a part hereof by
reference.
s/ David J Kaptain
David J. Kaptain, Mayor
Presented: November 16, 2011
Adopted: November 16, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this 16th day of November, 2011,by and
between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as
"CITY") and Chaya Friedman, a sole proprietor, doing business as Dacra (hereinafter referred to
as "CONSULTANT").
WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain
professional services in connection with the preparation and delivery to the CITY of software for
an enhanced police administrative adjudication system (hereinafter referred to as the
"PROJECT"); and
WHEREAS, the CONSULTANT represents that she has the necessary expertise and
experience to furnish such services upon the terms and conditions set forth herein below.
NOW, THEREFORE, ,it is hereby agreed by and between the CITY and the
CONSULTANT that the CITY does hereby retain the CONSULTANT for and in consideration
of the mutual promises and covenants contained herein, the sufficiency of which is hereby
acknowledged to perform the services relating to the PROJECT as described herein, subject to
the following terms and conditions and stipulations,to-wit:
1. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the Chief of Police
of the CITY, or his designee, herein after referred to as the "DIRECTOR".
B. CONSULTANT shall prepare and deliver to the CITY software for an enhanced
police administrative adjudication system with such SQL based system to include
among other matters the following components: (1) a state ticketing module that
interacts with Kane County; (2) a racial profiling module with internal and
external reporting; (3) an external reporting system to work with collection
agencies working on behalf of the CITY; and (4) a system that will fully integrate
with the CITY'S current online parking ticket payment system.
2. SCHEDULE
CONSULTANT shall commence work upon entry into this Agreement and shall
complete the PROJECT including the design and installation of the software to be
provided pursuant to this Agreement on or before February 1, 2012.
3. WORK PRODUCT
The software to be provided by the CONSULTANT pursuant to this Agreement shall
upon delivery to the CITY and the CITY'S payment to the CONSULTANT pursuant to
Agreement shall become the property of the CITY. The CITY may use such software
without any additional licensing or maintenance fees.
4. PAYMENTS TO THE CONSULTANT
The CITY shall reimburse the CONSULTANT for services under this Agreement a lump
sum of Thirty Thousand Dollars ($30,000.00), regardless of actual Costs incurred by the
CONSULTANT unless substantial modifications to the PROJECT are authorized in writing
by the DIRECTOR. CITY shall make payment to the CONSULTANT upon the completion,
delivery and installation of the software to be provided pursuant to this Agreement.
5. INVOICES
A. The CONSULTANT shall submit invoices in a format approved by the CITY.
B. The CONSULTANT shall maintain records showing actual time devoted and cost
incurred. The CONSULTANT shall permit the authorized representative of the
CITY to inspect and audit all data and records of the CONSULTANT for work done
under this Agreement. The CONSULTANT shall make these records available at
reasonable times during the Agreement period and for one(1)year after termination
of this Agreement.
6. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any
time upon fifteen(15)days prior written notice to the CONSULTANT.In the event that this
Agreement is so terminated, the CONSULTANT shall be paid for services actually
performed and reimbursable expenses actually incurred prior to termination, except that
reimbursement shall not exceed the task amounts set forth under Paragraph 4 above.
7. TERM
This Agreement shall become effective as of the date the CONSULTANT is given a notice to
proceed and, unless terminated for cause or pursuant to Paragraph 6, shall be deemed
concluded on the date the CITY determines that all of the CONSULTANT's work under this
Agreement is completed. A determination of completion shall not constitute a waiver of any
rights or claims which the CITY may have or thereafter acquire with respect to any term or
provision of this Agreement.
8. NOTICE OF CLAIM
If the CONSULTANT wishes to make a claim for additional compensation as a result of
action taken by the CITY,the CONSULTANT shall give written notice of her claim within
fifteen(15)days after occurrence of such action. No claim for additional compensation shall
be valid unless so made. Any changes in the CONSULTANT's fee shall be valid only to the
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compensation shall be valid unless so made. Any changes in the CONSULTANT's fee
shall be valid only to the extent that such changes are included in writing signed by the
CITY and the CONSULTANT. Regardless of the decision of the DIRECTOR relative to
a claim submitted by the CONSULTANT, all work required under this Agreement as
determined by the DIRECTOR shall proceed without interruption.
9. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement, such violation or breach
shall be deemed to constitute a default, and the other party has the right to seek such
administrative, contractual or legal remedies as may be suitable to the violation or breach;
and, in addition, if either party, by reason of any default, fails within fifteen (15) days
after notice thereof by the other party to comply with the conditions of the Agreement,
the other party may terminate this Agreement. Notwithstanding the foregoing, or
anything else to the contrary in this Agreement, with the sole exception of an action to
recover the monies the CITY has agreed to pay to the CONSULTANT pursuant to
Paragraph 4 hereof, no action shall be commenced by the CONSULTANT against the
CITY for monetary damages. CONSULTANT hereby further waives any and all claims
or rights to interest on money claimed to be due pursuant to this Agreement, and waives
any and all such rights to interest which it claims it may otherwise be entitled pursuant to
law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS
501/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as
amended. The parties hereto further agree that any action by the CONSULTANT arising
out of this Agreement must be filed within one year of the date the alleged cause of
action arose or the same will be time-barred. The provisions of this paragraph shall
survive any expiration, completion and/or termination of this Agreement.
10. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT agrees to and shall indemnify,
defend and hold harmless the CITY, its officers, employees, agents, boards and
commissions from and against any and all claims, suits,judgments, costs, attorneys fees,
damages or other relief, including, but not limited to, workers' compensation claims, in
any way resulting from or arising out of negligent actions or omissions of the
CONSULTANT in connection herewith, including negligence or omissions of employees
or agents of the CONSULTANT arising out of the performance of this Agreement. 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. The provisions of this
paragraph shall survive any expiration, completion and/or termination of this Agreement.
11. NO PERSONAL LIABILITY
No official, director, officer, agent or employee of the CITY shall be charged personally
or held contractually liable under any term or provision of this Agreement or because of
their execution, approval or attempted execution of this Agreement.
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12. INSURANCE
A. Comprehensive Liability. The CONSULTANT shall provide, pay for and
maintain in effect, during the term of this Agreement, a policy of comprehensive
general liability insurance with limits of at least $1,000,000 aggregate for bodily
injury and $1,000,000 aggregate for property damage.
The CONSULTANT shall deliver to the DIRECTOR a Certificate of Insurance
naming the CITY as additional insured. The policy shall not be modified or
terminated without thirty (30) days prior written notice to the DIRECTOR.
The Certificate of Insurance shall include the contractual obligation assumed by
the CONSULTANT under Paragraph 10 entitled"Indemnification".
This insurance shall be primary and non-contributory to any other insurance or
self-insurance programs afforded to the CITY. There shall be no endorsement or
modification of this insurance to make it excess over other available insurance.
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned, non-owned and hired motor vehicles with limits of
not less than $500,000 per occurrence for bodily injury and/or property damage.
C. Combined Single Limit Policy. The requirements for insurance coverage for the
general liability and auto exposures may be met with a combined single limit of
$1,000,000 per occurrence subject to a$1,000,000 aggregate.
D. Professional Liability. The CONSULTANT shall carry CONSULTANT's
Professional Liability Insurance covering claims resulting from error, omissions
or negligent acts with a combined single limit of not less than $1,000,000 per
claim. A Certificate of Insurance shall be submitted to the DIRECTOR as
evidence of insurance protection. The policy shall not be modified or terminated
without thirty (30) days prior written notice to the DIRECTOR.
13. INTENTIONALLY OMITTED.
14. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement, there shall
be no discrimination against any employee or applicant for employment because of sex,
age, race, color, creed, national origin, marital status, of the presence of any sensory,
mental or physical handicap, unless based upon a bona fide occupational qualification,
and this requirement shall apply to, but not be limited to, the following: employment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training, including apprenticeship.
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No person shall be denied or subjected to discrimination in receipt of the benefit of any
services or activities made possible by or resulting from this Agreement on the grounds
of sex, race, color, creed, national origin, age except minimum age and retirement
provisions, marital status or the presence of any sensory, mental or physical handicap.
Any violation of this provision shall be considered a violation of a material provision of
this Agreement and shall be grounds for cancellation, termination or suspension, in whole
or in part, of the Agreement by the CITY.
15. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the successors
and the assigns of the parties hereto; provided, however, that no assignment shall be
made without the prior written consent of the CITY.
16. DELEGATIONS AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be subject to all the terms, conditions
and other provisions of this Agreement and the CONSULTANT shall remain liable to the
CITY with respect to each and every item, condition and other provision hereof to the
same extent that the CONSULTANT would have been obligated if it had done the work
itself and no assignment, delegation or subcontract had been made. Any proposed
subcontractor shall require the CITY's advanced written approval.
17. NO CO-PARTNERSHIP OR AGENCY
This Agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto.
18. SEVERABILITY
The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or
other provision of this Agreement, or any portion thereof, shall be held to be void or
otherwise unenforceable, all other portions of this Agreement shall remain in full force
and effect.
19. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as a matter of
convenience and for reference and in no way are they intended to define, limit or describe
the scope of intent of any provision of this Agreement, nor shall they be construed to
affect in any manner the terms and provisions hereof or the interpretation or construction
thereof.
20. MODIFICATION OR AMENDMENT
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This Agreement and its attachments constitutes the entire Agreement of the parties on the
subject matter hereof and may not be changed, modified, discharged or extended except
by written amendment duly executed by the parties. Each party agrees that no
representations or warranties shall be binding upon the other party unless expressed in
writing herein or in a duly executed amendment hereof, or change order as herein
provided.
21. APPLICABLE LAW
This Agreement shall be deemed to have been made in, and shall be construed in
accordance with the laws of the State of Illinois. Venue for the resolution of any disputes
or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court
of Kane County, Illinois.
22. NEWS RELEASES
The CONSULTANT may not issue any news releases without prior approval from the
DIRECTOR, nor will the CONSULTANT make public proposals developed under this
Agreement without prior written approval from the DIRECTOR prior to said
documentation becoming matters of public record.
23. COOPERATION WITH OTHER CONSULTANTS
The CONSULTANT shall cooperate with any other consultants in the CITY'S employ or
any work associated with the PROJECT.
24. INTERFERENCE WITH PUBLIC CONTRACTING
The CONSULTANT certifies hereby that it is not barred from bidding on this contract as
a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute
regarding bid rigging.
25. SEXUAL HARASSMENT
As a condition of this contract, the CONSULTANT shall have written sexual harassment
policies that include, at a minimum,the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment, utilizing examples;
D. the vendor's internal complaint process including penalties;
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E. the legal recourse, investigative and complaint process available through the
Illinois Department of Human Rights, and the Illinois Human Rights
Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights
Act.
A copy of the policies shall be provided by CONSULTANT to the Department of Human
Rights upon request 775 ILCS 5/2-105.
26. SUBSTANCE ABUSE PROGRAM.
As a condition of this agreement, CONSULTANT shall have in place a written substance
abuse prevention program which meets or exceeds the program requirements in the
Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy
of such policy shall be provided to the City's Assistant City Manager prior to the entry
into and execution of this agreement.
27. WRITTEN COMMUNICATIONS
All recommendations and other communications by the CONSULTANT to the
DIRECTOR and to other participants which may affect cost or time of completion, shall
be made or confirmed in writing. The DIRECTOR may also require other
recommendations and communications by the CONSULTANT be made or confirmed in
writing.
28. NOTICES
All notices, reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail, postage prepaid, addressed as follows:
A. As to the CITY:
Glenn Theriault, Police Lieutenant
City of Elgin
151 Douglas Avenue
Elgin, Illinois 60120-5555
B. As to the CONSULTANT:
Chaya Friedman d/b/a Dacra
1990 Big Bend Drive
Des Plaines, IL 60016
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29. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this AGREEMENT it is expressly agreed and
understood that in connection with the performance of this AGREEMENT that the
CONSULTANT shall comply with all applicable federal, state, city and other
requirements of law, including, but not limited to, any applicable requirements regarding
prevailing wages, minimum wage, workplace safety and legal status of employees.
Without limiting the foregoing, CONSULTANT hereby certifies, represents and warrants
to the CITY that all CONSULTANT's employees and/or agents who will be providing
products and/or services with respect to this AGREEMENT shall be legal residents of the
United States. CONSULTANT shall also at its expense secure all permits and licenses,
pay all charges and fees and give all notices necessary and incident to the due and lawful
prosecution of the work, and/or the products and/or services to be provided for in this
AGREEMENT. The CITY shall have the right to audit any records in the possession or
control of the CONSULTANT to determine CONSULTANT's compliance with the
provisions of this paragraph. In the event the CITY proceeds with such an audit the
CONSULTANT shall make available to the CITY the CONSULTANT's relevant records
at no cost to the CITY. CONSULTANT shall pay any and all costs associated with any
such audit.
IN WITNESS WHEREOF, the parties hereto have entered into and executed this
agreement effective as of the date and year first written above.
CITY OF E IN:
By: ►
ean Stegall, City+Mer
Attest:
j ��'�J
City Clerk
CONSULTANT:
Chaya Friedman d/b/a Dacra
By:
Name/Print: C M 2
Title: l9 iNA/f-g
FALegal Dept\Agreement\Consultant Agreement-Chaya Friedman dba Dacra-police.docx
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REPO�'`T-TO ,'�AAYOR & , E?�Jt3ERS OF CITY CC7l,#NC1L
ELGIN
THE CRY IN THE SUBURBS-
AGENDA ITEM: G
MEETING DATE: October 26, 2011
ITEM:
Agreement with Dacra for the Purchase of Software for an Enhanced Police Administrative Ad-
judication System
($30,000)
PURPOSE:
To improve the efficiency and workflow of police officers and the reporting of the administra-
tive adjudication system.
RECOMMENDATION:
Approve the purchase of police administrative adjudication software from Dacra of Des Plaines,
Illinois in the amount of$30,000.
BACKGROUND
The city council previously authorized the purchase of administrative adjudication management
software from Chaya Friedman, doing business as the sole proprietor of Dacra. Administrative
adjudication allows all city ordinance violations to be heard by an independent, city-appointed
hearing officer rather than a judge in the circuit court. The proceedings are generally less for-
mal than those in the state court, but still provide for fundamental fairness and due process of
law in every case. Fines collected as part of the administrative adjudication proceedings are re-
tained by the city and not shared with the circuit court.
The software developed by Dacra has facilitated the implementation of the city's new adjudica-
tion program quite effectively. In fact, it is operating at a level that has encouraged staff to
study city processes in an effort to determine where further efficiencies could be gained. In so
doing, it has been determined that the computer software purchased and designed to manage
the workflow associated with the administrative adjudication process can be enhanced to fur-
ther minimize staff time dedicated to certain police and finance department responsibilities.
The police department seeks to utilize Dacra's services to accomplish the following goals:
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• Create a state ticketing module
• Install a racial profiling module
• Develop enhanced reporting to collection agencies
• Fully integrate with online parking ticket payment system
OPERATIONAL ANALYSIS
Dacra provides the software that is being utilized by the overwhelming majority of Chicago-area
municipalities operating administrative adjudication programs. Dacra's existing software within
the city has exceeded performance expectations, and provides the added advantage of allowing
for customization and enhancements to its modules as the city requires. Additionally, it is able
to integrate with the existing police and finance department software systems. For these rea-
sons, the city's preferred vendor is Dacra.
By contracting with Dacra, staff is confident further efficiency goals can be realized. Police offic-
ers will utilize only one system to issue both adjudication tickets managed by the city and state
tickets managed by Kane County. Also, current state guidelines require police officers conduct-
ing vehicle stops to track data relating to race and ethnicity. This is in an effort to identify
trends as they relate to the potential for racial profiling. Dacra's racial profiling system is proven
and has the ability to facilitate in-depth data analyses, as well as provide for the ability to elec-
tronically report the required data to the state of Illinois. Further, with the goal to increase the
rate of collections on citations issued, this software will provide a more efficient method of
transmitting outstanding fines payable to the city to a contracted collections agency. Lastly,this
project includes full integration with the recently launched online parking ticket payment sys-
tem.
INTERESTED PERSONS CONTACTED
The administrative hearing officer, as well as staff from the Kane County Circuit Clerk's office,
has participated in the development of this software.
FINANCIAL ANALYSIS
The total purchase price of this upgraded software system from Dacra will be $30,000. It is an-
ticipated that existing staff will be utilized to manage the proposed software system and allow
them to be more efficient so as to be tasked with additional responsibilities.
BUDGET IMPACT
FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT
BUDGETED AVAILABLE
Riverboat 275-0000-791.92-47 219515 $35,000 $16,877
Grand Victoria 276-0000-791.92-47 219515 $13,200 $13,200
Lease
J I<iil, ►
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LEGAL IMPACT
The proposed agreement would require an exception to the procurement ordinance. Excep-
tions to the procurement ordinance require the affirmative vote of two-thirds of the members
of the city council.
ALTERNATIVES
The city council may elect not to authorize the purchase, at which time new efficiencies
through technology will not be pursued further.
NEXT STEPS
1. Authorize the purchase.
2. Complete development and installation of the upgraded software package.
Originators: Glenn Theriault, Police Lieutenant
Jeffrey Swoboda, Chief of Police
Final Review: Colleen Lavery, Chief Financial Officer
Richard G. Kozal,Assistant City Manager/Chief Operating Officer
William A. Cogley, Corporation Counsel/Chief Development Officer
Sean R. Stegall, City Manager
ATTACHMENTS
A: None.
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