HomeMy WebLinkAboutCC Resolution 14075 (Crime Analysis Services)RESOLUTION NO. 14075
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT FOR CRIME ANALYSIS
SERVICES, AND APPROPRIATING $132,500 FROM THE SAFETY GRANT
FUND TO SUPPORT THIS EXTENDED AGREEMENT
WHEREAS, the City of San Rafael entered into a professional services agreement with
Bair Analytics, Inc., dated March 4, 2014, to obtain countywide crime analyst services (the
"Agreement") for one year commencing on March 10, 2014 and ending on March 9, 2015; and
WHEREAS, LexisNexis Risk Solutions, Inc. is the successor -in -interest to Bair
Analytics, Inc.; and
WHEREAS, on June 6, 2015, the City of San Rafael entered into a First Amendment of
the Agreement with LexisNexis Risk Solutions, Inc., extending the term of the Agreement for
another one-year period, to March 9, 2016; and
WHEREAS, the crime analyst services are an invaluable resource to all Marin County
law enforcement agencies and allow crime trends to be used more effectively to reduce potential
crime; and
WHEREAS, the City of San Rafael and LexisNexis Risk Solutions Inc., as successor in
interest to Bair Analytics, Inc., desire to extend the term of the Agreement for another one-year
period, with an additional contract amount not to exceed $132,500, for a total contract amount
not to exceed $387,500 through the extended term of the Agreement; and
WHEREAS, the cost of the crime analysis services under the Agreement as extended
will be supported by funds provided by Marin County Probation AB 109 funds and the Marin
County Police Chiefs' funding from the Board of State and Community Corrections (BSCC), to
be deposited in the City's Safety Grant Fund; and
WHEREAS, the City of San Rafael will act as the fiduciary agent and project manager
for the funding for the Agreement, on behalf of the law enforcement agencies in Marin County;
NOW THEREFORE, BE IT RESOLVED, that the San Rafael City Council hereby
authorizes the City Manager to execute the Second Amendment to the Professional Services
Agreement for Crime Analysis Services with LexisNexis Risk Solutions Inc., attached hereto as
Exhibit "1" and incorporated herein by reference, in a final form approved by the City Attorney,
and in an amount not to exceed $132,500 in the third year of the Agreement, and in an amount
not to exceed $387,500 over the term of the extended Agreement;
BE IT FURTHER RESOLVED, that the San Rafael City Council appropriates
$132,500 from the City's Safety Grant Fund to support this Agreement as extended by the
Second Amendment.
I, ESTHER BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of said City on the 7th day of March, 2016, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
. � - ^ oe
ESTHER BEIRNE, City Clerk
SECOND AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
FOR CRIME ANALYSIS SERVICES
THIS SECOND AMENDMENT to Agreement for Professional Services for Crime
Analysis Services is made and entered into this 1" day of March, 2016, by and between the CITY
OF SAN RAFAEL (hereinafter "CITY"), and LexisNexis Risk Solutions Inc., a corporation,
(hereinafter "CONTRACTOR"), as successor in interest to Bair Analytics Inc.
RECITALS
WHEREAS, CITY and Bair Analytics, Inc. entered into a one-year Agreement for
Professional Services dated March 4, 2014 (the "Agreement"), pursuant to which Bair Analytics,
Inc. agreed to provide the services of a Crime Analyst expert for crime analysis purposes from
March 10, 2014 through March 9, 2015; and
WHEREAS, LexisNexis Risk Solutions, Inc. is the successor -in -interest to Bair Analytics,
Inc. under the Agreement; and
WHEREAS, CITY and CONTRACTOR entered into a First Amendment to the
Agreement, dated June 6, 2015, extending the term of the Agreement for another year, from March
10, 2015 through March 9, 2016; and
WHEREAS, CITY and CONTRACTOR wish to extend the term of the Agreement for
another one (1) year period from March 10, 2016 through March 9, 2017, with an increase in
compensation from $130,000 per year to $132,500 per year, for a total compensation of $387,500
over the three year term of the Agreement March 10, 2014 through March 9, 2017;
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. Paragraph I.B. of the Agreement is amended so that the second sentence thereof reads as
follows:
Josh Levin is hereby designated as the PROJECT DIRECTOR for
CONTRACTOR.
2. Paragraph 4 of the Agreement is amended to read in its entirety as follows:
For the full performance of the services described herein by
CONTRACTOR, CITY shall pay CONTRACTOR as follows:
Not to exceed $125,000 for the first year of the Agreement (March
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10, 2014 -March 9, 2015), not to exceed $130,000 for the tern of the
First Amendment to the Agreement (March 10, 2015 -March 9, 2016,
and not to exceed $132,500 for the tern of the Second Amendment
to the Agreement (March 10, 2016 -March 9, 2017, for a total not to
exceed amount of $387,500 over the tern of the Agreement.
Payment will be made monthly upon receipt by PROJECT
MANAGER of itemized invoices submitted by CONTRACTOR.
3. Paragraph 5 of the Agreement is amended to read in its entirety as follows:
The term of this Agreement shall be for three (3) years, commencing
on March 10, 2014 and ending on March 9, 2017.
4. Paragraph 15 of the Agreement is amended so that the last subparagraph identifying the
recipient of notices for the CONTRACTOR reads as follows:
Josh Levin, Pattern Analyst Manager
LexisNexis Risk Solutions Inc.
1150 18th Street NW Suite 600
Washington, DC 20036
(951) 678-7210
5. Except as specifically amended herein, all other terms and conditions of the Agreement shall
remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the
day, month and year first above written.
CITY OF SAN RAFAEL
JIM CTZ, City ager
ATTEST:
ESTHER C. BEIRNE, City Clerk
COl`G TRACTOR
4cy
Name: Qv w oo cl Ta 1 c ovc
Title: C-60 LN SS )
By:
Name:
Title:
APPROVED AS TO FORM:
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ROBERT F. PS , Ci A,
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PROFESSIONAL SERVICES AGREEMENT/CONTRACT
COMPLETION CHECKLIST AND ROUTING SLIP
Below is the process for getting your professional services agreements/contracts finalized and
executed. Please attach this "Completion Checklist and Routing Slip" to the front of your
contract as you circulate it for review and signatures. Please use this form for all professional
services aereem e n ts/co n tracts (not just those requiring City Council approval).
This process should occur in the order presented below.
Step
Responsible
Description
Completion
Department
Date
1
City Attorney
Review, revise, and comment on draft
Q QL 2', f�
agreement.
`�`�
2
Contracting Department
Forward final agreement to contractor for
their signature. Obtain at least two signed
originals from contractor.
3
Contracting Department
Agendize contractor -signed agreement for
Council approval, if Council approval/-
necessary (as defined by City AttorneylCity
9
` //
Ordinance*).
4
City Attorney
Review and approve form of agreement;
bonds, and insurance certificates and
Jq/4
endorsements.
,�/
5
City Manager / Mayor / or
Agreement executed by Council authorized
Department Head
official.
6
City Clerk
City Clerk attests signatures, retains original
agreement and forwards copies to the
'
contracting department.
To be completed by Contracting Department:
Project Manager: Dave Starnes Project Name: Second Amendment to PSA for Crime Analv_ sis
Services-LexisNexis Risk Solutions Inc.
Agendized for City Council Meeting of (if necessary):
FPPC: ❑ , check if required
If you have questions on this process, please contact the City Attorney's Office at 485-3080.
* Council approval is required if contract is over $20,000 on a cumulative basis.
RESOLUTION NO. 13690
RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A
PROFESSIONAL SERVICES AGREEMENT WITH BAIR ANALYTICS,
INC, TO PROVIDE A CRIME ANALYST FOR A PERIOD OF ONE YEAR,
WHICH WILL BE USED AS A COUNTYWIDE RESOURCE.
WHEREAS, Marin County Law Enforcement Agencies wish to join together to
obtain the services of a countywide Crime Analyst provided by Bair Analytics, Inc.; and
WHEREAS, the cost of the crime analyst will be paid for by funds from the
State of California directed to the Marin County Chiefs of Police and the County of
Marin; and
WHEREAS, this position will be a valuable resource to all Marin County Law
Enforcement Agencies and will allow crimes trends to be used more effectively to
reduce potential crime; and
WHEREAS, the City of San Rafael has offered to be the fiduciary agent and
point of contact for the contract with Bair Analytics, Inc.
NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council hereby
authorizes the City Manager to sign a professional services agreement with Bair
Analytics, Inc. for crime analyst services, in a form to be approved by the City Attorney
and in an amount not to exceed $125,000.
I, ESTHER BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting
of the Council of said City on the 3rd day of March, 2014, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, McCullough & Vice -Mayor Connolly
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Phillips
ESTHER BEIRNE, City Clerk
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AGREEMENT FOR
PROFESSIONAL SERVICES WITH BAIR ANALYTICS FOR CRIME ANALYSIS
SERVICES
This Agreement is made and entered into this qtr day of MAPc� , 2014,
by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and BAIR ANALYTICS,
INC., a corporation authorized to do business in California (hereinafter "CONTRACTOR").
RECITALS
WHEREAS, CITY needs to retain the services of a Crime Analyst expert for crime analysis
purposes; and
WHEREAS, CONTRACTOR has more than 7 years of experience in providing crime
analysis services to public agencies;
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION.
A. CITY'S Project Manager. The Chief of Police is hereby designated the PROJECT
MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the
progress and execution of this Agreement.
B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single
PROJECT DIRECTOR to have overall responsibility for the progress and execution of this
Agreement for CONTRACTOR. SUSAN SMITH is hereby designated as the PROJECT
DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the
execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the
CONTRACTOR shall notify the CITY within ten (10) business days of the substitution.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide services as follows:
The analyst will be full-time based on 40 hours per week
The analyst will be on site at the San Rafael Police Department
The analyst will produce proactive analytical products and provide data driven guidance to
all members of the involved agencies.
3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 5 and:
Version 1-24-14
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Provide an onsite work station with computer, telephone, etc., access to countywide crime
information.
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR as follows:
Not to exceed $125,000 for one year of analytical services.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized
invoices submitted by CONTRACTOR.
5. TERM OF AGREEMENT.
The term of this Agreement shall be for (one) year(s) commencing on March 10, 2014 and
ending on March 4, 2015.
6. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon
thirty (30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other party, and the notified party's failure to
cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such
notice, within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent
of the other.
D. Return of Documents. Upon termination, any and all CITY documents or
materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and
materials prepared for or relating to the performance of its duties under this Agreement, shall be
delivered to CITY as soon as possible, but not later than thirty (30) days after termination.
7. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONTRACTOR in connection with
the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
8. INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for
2
inspection and audit, all documents and materials maintained by CONTRACTOR in connection
with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate
with CITY or its agent in any such audit or inspection.
9. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of
the other party, and any attempt to so assign this Agreement or any rights, duties or obligations
arising hereunder shall be void and of no effect.
films ►T.1`"r WIMon
A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall
maintain, at no expense to CITY, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for
death, bodily injury, personal injury, or property damage.
2. An automobile liability (owned, non -owned, and hired vehicles) insurance
policy in the minimum amount of one million dollars ($1,000,000) per occurrence.
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount
of two million dollars ($2,000,000) per occurrence/four million dollars ($4,000,000) aggregate, to
cover any claims arising out of the CONTRACTOWs performance of services under this
Agreement. Where CONTRACTOR is a professional not required to have a professional license,
CITY reserves the right to require CONTRACTOR to provide professional liability insurance
pursuant to this section.
4. If it employs any person, CONTRACTOR shall maintain worker's
compensation and employer's liability insurance, as required by the State Labor Code and other
applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY
against all liability for injuries to CONTRACTOR's officers and employees. CONTRACTOR'S
worker's compensation insurance shall be specifically endorsed to waive any right of subrogation
against CITY.
B. Other Insurance Requirements. The insurance coverage required of the
CONTRACTOR in subparagraph A of this section above shall also meet the following
requirements:
1. Except for professional liability insurance, the insurance policies shall be
specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as
additionally named insureds under the policies.
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2. The additional insured coverage under CONTRACTOR'S insurance
policies shall be primary with respect to any insurance or coverage maintained by CITY and shall
not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and
noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form
CG20 0104 13.
3. Except for professional liability insurance, the insurance policies shall
include, in their text or by endorsement, coverage for contractual liability and personal injury.
4. The insurance policies shall provide that the insurance carrier shall not
cancel, terminate or otherwise modify the terms and conditions of said insurance policies except
upon ten (10) days written notice to the PROJECT MANAGER.
5. If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive for a period of not less than
five years.
6. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement)
before CITY'S own insurance or self-insurance shall be called upon to protect it as a named
insured.
8. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage requirements
and/or limits shall be available to CITY or any other additional insured party. Furthermore, the
requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this
Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or
proceeds available to the named insured; whichever is greater.
C. Deductibles and SIR'S. Any deductibles or self-insured retentions in
CONTRACTOR's insurance policies must be declared to and approved by the PROJECT
MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any
self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be
satisfied by either the named insured or CITY or other additional insured party. At CITY's option,
the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to
CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and
related investigations, claims administration, attorney's fees and defense expenses.
D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT
MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance
evidencing the insurance coverage required in this Agreement; (2) a copy of the policy
declaration page and/or endorsement page listing all policy endorsements for the commercial
general liability policy, and (3) excerpts of policv language or specific endorsements
evidencing the other insurance requirements set forth in this Aereement. CITY reserves the
right to obtain a full certified copy of any insurance policy and endorsements from
CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to
exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the City Attorney.
11. INDEMNIFICATION.
A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the
fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and
hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City
Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of
any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of
litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its
obligations or conduct of its operations under this Agreement. The Contractor's obligations
apply regardless of whether or not a liability is caused or contributed to by the active or passive
negligence of the City Indemnitees. However, to the extent that liability is caused by the active
negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's
indemnification obligation shall be reduced in proportion to the City Indemnitees' share of
liability for the active negligence or willful misconduct. In addition, the acceptance or approval
of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or
employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the
event the City Indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding arising from CONTRACTOR'S performance of or operations under this
Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S
option reimburse the City Indemnitees their costs of defense, including reasonable attorneys'
fees, incurred in defense of such claims.
B. Where the services to be provided by CONTRACTOR under this Agreement are
design professional services to be performed by a design professional as that term is defined
under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law,
indemnify, release, defend and hold harmless the City Indemnitees from and against any
CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of CONTRACTOR in the performance of its duties and obligations under this
Agreement or its failure to comply with any of its obligations contained in this Agreement,
except such CLAIM which is caused by the sole negligence or willful misconduct of CITY.
C. The defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by, the insurance obligations contained in this
Agreement, and shall survive the termination or completion of this Agreement for the full period
of time allowed by law.
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12. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify
and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
15. NOTICES.
All notices and other communications required or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the
parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or
if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as
follows:
TO CITY's Project Manager Diana Bishop, Chief of Police
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
TO CONTRACTOR's Project Director: Susan Smith, VP of Operations
BAIR Analytics
640 Plaza Drive Suite 340
Highlands Ranch, Colorado 80129
(303) 346-6000
16. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees
of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
17. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terms and conditions of this Agreement shall control.
18. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that CITY may deduct from any payment due to
CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under
any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments,
unpaid checks or other amounts.
19. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or
violation of the same or other term, covenant, condition, ordinance, law or regulation. The
subsequent acceptance by either party of any fee, performance, or other consideration which may
become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding
breach or violation by the other party of any term, condition, covenant of this Agreement or any
applicable law, ordinance or regulation.
20. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
21. CITY BUSINESS LICENSE I OTHER TAXES.
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and
all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any
work performed under this Agreement, until CONTRACTOR has provided CITY with a
completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and
Certification).
22. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL CONTRACTOR
B c�
NANCY MACK City Manager
Name: .�'�
Title:
ATTEST:
.5stjE:4z G • 190.,e -Le
ESTHER C. BEIRNE, City Clerk
APPROVED AS TO FORM:
a
kaL,- , `-�
ROBERT F. EPSTEIN, ity Ad ey
FIRST AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
FOR CRIME ANALYSIS SERVICES
This First Amendment to Agreement for Professional ices for Crime Analysis Services
is made and entered into this (�Ty day of e,TM, by and between the CITY OF
SAN RAFAEL (hereinafter "CITY"), and LexisNexis Risk Solutions Inc., a corporation, as
successor in interest to Bair Analytics Inc. (hereinafter "CONTRACTOR").
RECITALS
WHEREAS, CITY and Bair Analytics, Inc. entered into a one year Agreement for
Professional Services dated March 4, 2014 (the "Agreement"), pursuant to which Bair Analytics,
Inc. agreed to provide the services of a Crime Analyst expert for crime analysis purposes; and
WHEREAS, LexisNexis Risk Solutions, Inc. is the successor -in -interest to Bair Analytics,
Inc. under the aforementioned Agreement.
WHEREAS, CITY and CONTRACTOR wish to extend the term of the Agreement for
another one (1) year period, with an increase in compensation from $125,000 per year to $130,000
per year, for a total compensation of $255,000 over the two year term of the Agreement;
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. Paragraph I.B. of the Agreement is amended so that the second sentence reads as follows:
"Josh Levin is hereby designated as the PROJECT DIRECTOR for CONTRACTOR."
2. Paragraph 4 is amended so that the second sentence reads as follows:
"Not to exceed $125,000 for the first year of the Agreement, and not to exceed $130,000 for
the second year of the Agreement, for a total not to exceed amount of $255,000 over the
term of the Agreement.
3. Paragraph 5 is amended to read:
"The term of this Agreement shall be from March 10, 2014 through March 9, 2016."
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4. Paragraph 15 is amended so that the last subparagraph identifying the recipient of notices
for the CONTRACTOR reads as follows:
"TO CONTRACTOR's Project Director: Josh Levin, Pattern Analyst Manager
LexisNexis Risk Solutions Inc.
1150 18'' Street NW Suite 600
Washington, DC 20036
951-678-7210
5. All other terms and conditions of the Agreement shall remain unchanged and in full force
and effect for the term of this Agreement as amended.
IN WITNESS WHEREOF, the parties have execute-' this Agreement as of the day, month
and year first above written.
�z4letvea
CITY OF SAN AEL CONT CTO
t %A�
gal
By:
)N , City Manager Name: Ayi /opt �, 44,v y
JIM TZ Title:__CA�
ATTEST:
And,
By:
!�oam z G - P -W-4 OZIC4— Name:
ESTHER C. BEIRNE, City Clerk Title:
APPROVED AS TO FORM:
�1 - 7 PA41D. X9.1
ROBERT F. EPSTEIN, City Attorney
2