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HomeMy WebLinkAboutPD Crime Analysis 2015carr oF�� Agenda Item No: 3. k Meeting Date: June 15, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Police Departmentcxz Prepared by: l 4 City Manager Approvals' � `%� 444 Chief of Police SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT CRIME ANALYSIS SERVICES, AND APPROPRIATING $130,000 FROM THE SAFETY GRANT FUND TO SUPPORT THIS EXTENDED AGREEMENT BACKGROUND: Law enforcement agencies in Marin County are challenged with fighting crime in a time of shrinking resources. As a result the law enforcement agencies in Marin County face the challenge of deploying patrol resources and crime prevention units in the most high yield manner possible, focusing on those locations and times when crimes are most likely to occur. One of the means to resolve this issue was to create a regional information sharing crime analyst position where participating agencies share crime data in order to analyze trends, build crime pattern predictions and execute regional — as opposed to jurisdictional — response strategies while collaborating with resources. All parties share their crime information for a regional approach to recognizing trends and collaborating on solutions. On March 3, 2014 the City Council approved a 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 was used as a countywide resource. During the contract, the analyst conducted research and strategic crime analysis and identified crime patterns and trends; analyzed long term crime patterns and trends using probability studies and complex statistical analyses; developed and tested hypotheses; developed victim and suspect profiles; forecasted future criminal activity; prepared strategic action plans; assisted operations and management personnel in planning deployment of resources; made written and oral presentations; identified series of crimes; gathered data on criminal activity, probation and parole information to analyze crime trends; used and maintained general and specialized computer FOR CITY CLERK ONLY File No.: Council Meeting: (C( IyI Disposition: 'Es�� i�7 ran/ /'3`� Lf (� SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 applications to gather, categorize and analyze crime data as well as assist in dissemination of information pertinent to law enforcement; coordinated and participated in regional meetings of law enforcement management and crime analysis professionals to share information on crime patterns, risk analysis of known offenders, new methodologies and developing tools. LexisNexis Risk Solutions Inc. acquired BAIR Analytics in early 2015 and is now the successor in interest to BAIR Analytics under this agreement. ANALYSIS: In FY 2012-13 the Board of State and Community Corrections (BSCC) allotted funds to cities throughout the state representing municipal law enforcement in an effort to address front line law enforcement needs regarding AB 109 offenders in our communities. Each county was to elect one City/Town to be the fiscal agent for the funds. The City of San Rafael is the fiscal agent for Marin County. The goal of the funding is for a collective effort by municipal law enforcement in each county in addressing criminal activity and an increase in calls for service for local law enforcement due to realignment. In Marin County, the Chiefs agreed to use the funds to hire a regional crime analyst. A contract was approved to hire a crime analyst from BAIR Analytics, Inc. During the contract, each police agency, as well as the Sheriff's Office, and Adult Probation shared their records management data (including report narratives) with the crime analyst via secure computer links. The data was used to compile different analytic reports such as: Predictive Analysis, Hot Spot Analysis, Trend Analysis, Space -Time Predication Analysis, and Geographic Profile Analysis. The Marin County Chiefs decided to use the Marin County Police Chief's BSCC and the Marin County Probation AB 109 funds to extend the contract for the crime analyst. FISCAL IMPACT: The original contract with BAIR Analytics, Inc. was for one year and not to exceed $125,000. The extended contract with LexisNexis, Inc. will be for one year with the cost not to exceed $130,000. The fiscal impact to the City of San Rafael is negligible because it is funded by Marin County Probation AB 109 funds and the Marin County Chiefs BSCC funds. The funds to support this contract will be deposited to and appropriated from the Safety Grant Fund. OPTIONS: Approve the Resolution to implement the above recommendations. Request changes to the recommendations. Direct staff to develop alternatives to the recommendations. ACTION REQUIRED: Adopt resolution. ATTACHMENTS: • First Amendment to Agreement for Professional Services for Crime Analysis Services • Resolution • Agreement for Professional Services with BAIR Analytics for Crime Analysis Services RESOLUTION NO. 13946 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT CRIME ANALYSIS SERVICES, AND APPROPRIATING $130,000 FROM THE SAFETY GRANT FUND TO SUPPORT THIS EXTENDED AGREEMENT. WHEREAS, the City of San Rafael entered into a one year professional services agreement with Bair Analytics, Inc., dated March 4, 2014, to obtain countywide crime analyst services; and WHEREAS, LexisNexis Risk Solutions Inc. has become the successor in interest to Bair Analytics, Inc.; 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 professional services agreement for another one year period, and to increase the compensation from a not to exceed amount of $125,000 per year to a not to exceed amount of $130,000 per year, for a total not to exceed amount of $255,000 for 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 BSCC funds to be deposited in the Safety Grant Fund; and WHEREAS, the City of San Rafael will act as the fiduciary agent and project manager for the Agreement; NOW THEREFORE, BE IT RESOLVED, that the San Rafael City Council hereby authorizes the City Manager to execute the First Amendment to the Professional Services Agreement for Crime Analysis Services with LexisNexis Risk Solutions Inc., as successor in interest to Bair Analytics, Inc., in a form approved by the City Attorney, and in an amount not to exceed $130,000 in the second year of the Agreement, and in an amount not to exceed $255,000 over the term of the extended Agreement; NOW THEREFORE, BE IT FURTHER RESOLVED, that the San Rafael City Council appropriates $130,000 from the Safety Grant Fund to support this extended Agreement. 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 15`h day of June, 2015, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Colin ESTHER BEIRNE, City Clerk FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES FOR CRIME ANALYSIS SERVICES 4 S. This First Amendment to Agreement for ProfesVim, ices for Crime Analysis Services is made and entered into this &I-" day of 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 1.13. 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." 1 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 18th 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. �eJieive CITY OF SAN AEL CON CTO 9ai By: )N*(z ,City Manager Name: u/ p ,.� V — JIM TZ Title: ATTEST: e p– G - ESTHER C. BEIRNE, City Clerk K By: _ Name: Title: PROFESSIONAL SERVICES AGRI COMPLETION CHECKLIST Al pt'" 5"� , _t, L'� 0,, 4- PC) - P> To be completed by Contracting Department: Project Manager: Captain Dave Starnes Project Name: First Amendment -PSA with Lexis Nexis Risk Solutions, Inc. (successor in interest to Bair Analytics Inc.) for Crime Anal gP.rvir P.0 Agendized for City Council Meeting of (if necessary): 6/15/15 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. Below is the process for getting your professional ser ind executed. Please attach this "Completion Checklist our contract as you circulate it for review and signatures. nal services agreements/contracts (not just those requirin This process should occur in the order presented below. Step Responsible Description Completion De artment_ Date 1 City Attorney _ Review, revise, and comment on draft 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 Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; 0 bonds, and insurance certificates and t.,•nlr `ccs W -/� 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 to' contracting department. 1 To be completed by Contracting Department: Project Manager: Captain Dave Starnes Project Name: First Amendment -PSA with Lexis Nexis Risk Solutions, Inc. (successor in interest to Bair Analytics Inc.) for Crime Anal gP.rvir P.0 Agendized for City Council Meeting of (if necessary): 6/15/15 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. AGREEMENT FOR PROFESSIONAL SERVICES WITH BAIR ANALYTICS FOR CRIME ANALYSIS SERVICES This Agreement is made and entered into this 44 day of�U��(,,, , 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 1 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. TERM OF AGREEMENT. The term of this Agreement shall be for (one) year(s) commencing on March 10, 2014 and ending on March 9, 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. S. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for 0 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. 10. INSURANCE. 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 CONTRACTOR's 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. 19 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 k? declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy lan�ic endorsements evidencing the other insurance requirements set forth in this Agreement. 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. 9 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 6 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 / 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 DUp4qky-kW-L NANCY MA KLE, City Manager ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: X _ '_ - ROBERT F. EPSTEIN City A rney CONTRACTOR By: Nai Titl CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 3 X DATE OF MEETING: June 15. 2015 FROM: DEPARTMENT: Diana Bishop Police DATE: June 5, 2015 TITLE OF DOCUMENT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT CRIME ANALYSIS SERVICES, AND APPROPRIATING $130,000 FROM THE SAFETY GRANT FUND TO SUPPORT THIS EXTENDED AGREEMENT (Ya S+�f Department Head (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: City Manager (signature) NOT APPROVED REMARKS: APPROVED AS TO FORM: City Attorney (signature)