HomeMy WebLinkAboutPD Crime Analysis 2014Chief of Police
Agenda Item No: 5. a
Meeting Date,# March 3, 2014
City Manager Approval
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 manne
possible, focusinj4 on those locations and times when crimes are most likely to occur. One of th
means to resolve this issue is to create a regional information sharing crime analyst position
where participating agencies could share crime data in order to analyze trends, build crime
pattern predictions and execute regional — as opposed to Jurisdictional — response strategies whil
collaborating with resources. All parties will share their crime information for a regional
approach to recognizing trends and collaborating on solutions.
This crime analyst will collect crime data from every agency in Marin County and perform the
following objectives-.
Conduct research and strategic crime analysis to identify crime patterns and trends; analyze long
term crime patterns and trends using probability studies and complex statistical analyses; develo
Ind test hypotheses-, develop victim and suspect profiles-, forecast future criminal activity;
prepare strategic action plans; assist operations and management personnel in planning
deployment of resources; make written and oral presentations; conduct tactical crime analyses,
identify current crime series and hot spots; prepare tactical action plans-, gather data on criminal
activity, probation and parole information to study and analyze past and existing crime series,,
patterns and trends-, use and maintain general and specialized computer applications to gather,
categorize and analyze crime data as well as assist in dissemination of information pertinent to
FOR CITY CLERK ONLY
File No.:
Council Meeting-,
Disposition.*
k *
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page. 2
law enforcement; coordinate and participate 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.
In FY 2012-13 the Board of State and Community Corrections (BSCC) allotted funds per county
to the Marin County Chiefs representing municipal law enforcement in an effort to address front
line law enforcement needs regarding AB 109 offenders in our communities. Each county was
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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 Chiefs. The goal of the funding is for a collective effort by municipal
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law enforcement in each county in addressing criminal activity and an increase in calls for
service for local law enforcement due to realignment.
Many groups have elected to use the funds to pay for overtime for probations sweeps and
supplemental enforcement. In Marin County we have decided to use the funds (plus our FY
2013-14 allotment) to hire a regional crime analyst. We have decided to contract for a crime
analyst from BAIR Analytics Inc. BAIR provides imbedded crime analyst professionals on one
year contracts. The initial focus of the analyst will be to track all of Marin's Post -Release
Community Supervision (PRCS) subjects.
Each police agency, as well as the Sheriff s Office, and Adult Probation have agreed to share
their records management data (including report narratives) with the crime analyst via secure
computer links. The data will be used to compile different analytic reports such as: Predictive
Analysis, Hot Spot Analysis, Trend Analysis, Space -Time Predication Analysis, and Geographic
Profile Analysis.
FISCAL IMPACT*, The cost of contracting with Bair Analytics for a Crime Analyst for one
year is not to exceed $125,000. However, the fiscal impact to the City of San Rafael is
negligible because it is funded by Marin County Probation and the Marin County Chiefs.
OPTIONS*. Council may choose not to approve the resolutions, but staff does not recommend
this option. For the cost to the City, this is a sorelv needed resource that will add great value to
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the crime fighting solutions for all of Marin County.
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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
WHEREAS, this position will be a valuable resource to all Marin County Law
orcement Agencies and will allow crimes trends to be used more effectively tq
reduce potential crime; and
WHEREAS, the City of San Rafael has offered to be the fiduciary agent anit'
point of contact for the contract with Bair Analytics, Inc.
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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
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1, ESTHER BEIRNE, Clerk of the City of San Rafael, hereby certify that the
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foregoing resoiution was duly and regularly introduced and adopted at a regular meeting
of the Council of said City on the 3rd day .r 2014, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, McCullough & Vice -Mayor Connollj
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NO
ESTHER BEIRNE, City •
AGREEMENTFOR
PROFESSIONAL SERVICES WITH BAIR ANALYTICS FOR CRIME ANALYSIS
SERVICES
This Agreement is made and entered into this day o 2014
by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and BAIR ANALYTICS,
INC., a corporation authorized to E in California (hereinafter "CONTRACTOR").
IN gill WAVW
"EREAS, CITY needs to retain the services of a Crime Analyst expert for crime analysis
purposes-, and
"EREAS, CONTRACTOR has more than 7 years of experience in providing crime
2-nalysis services to public agencies;
1. PROJECT COORDINATIOA
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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:
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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 9, 2015.
li). TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon
thirty {3 0) 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
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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 athi
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.
The wn'tten 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
*d property for any purpose including projects not contemplated by this Agreement.
use sal
IN-SPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent,, for
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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
perfon-nance 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.
A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall
maintain,, at no expense to CITY, the following insurance policies:
I . 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 occuffence/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. the Insurance Requirements. The insurance coverage required of the
CONTRACTOR in subparagraph A of this section above shall also meet the following
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requirements:
Except for professional liabilitv insurance ine insurance policies shall be
*fically endorsed to include the. CITY, its officers. agents, employees, and volunteers, as
speci I I I
additionally named insureds under the policies.
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2. The additional insured coverage under CONTRACTOR'S insurance
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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 1-3'.
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.
5written o then following . If the insurance i s n a Claims Made Form,,
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 adonal insured party. Furthermore, the
requirements for coverage and limits shall be: (1) the minimum coverage and Ernits 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
e idencing the insurance coveraa required in thi Agreement- (2) a copy of the policy
vi in t!.,e I is I
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declaration page and/or endorsement page listing all policy endorsements for the commercial
1 general •liability policy, •and (3) excerpts of policy language or specific endorsements
evidencing the other insurance requirements set forth in this Agreement. CITY reserves the
riht to obtain a full certified copy of any insurance policy and endorseme
gnts 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.
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 m 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 ain
. in any way, ag * st 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
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6INDEPENDENT # " "
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
ENTIRE17. AGREEMENT
expresslyA. The terms and conditions of this Agreement, all exhibits attached, and all documents
!i . ! by "! Agreementpartiesrespect
betweensubject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter and r
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.
amendmentD. The terms and conditions of this Agreement shall not be altered or modified except
by a written .. signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and conditionsand
the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terms ! conditions of g
AGAINST18. SET-OFF
CONTRACTOR agrees •t CITY M Mny payment
CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY un
a ! f ! assessment,,
m►
unpaid checks or other amounts. I
19. WAIVERS.
The waiver by either party of any s
acceptancethis 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
covenant, condition,, ordinance., law or regulation. The
violation of the same or other term,
subsequent by !
20. COSTS AND ATTORNEY'S FEES.
The prevang 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 admilstration) and attorney's fees expended in connection with such action.
21. CITY BUSINESS LICENSE / OTHER TA "E
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 CONTRACTOU
By:
Manager
Nai
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110 IL1011111
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PROFESSIONAL SERVICES AGREEMENT/CONTRACT
COMPLETION CHECKLIST AND ROUTING SLIP
Below is the process for
e
ng your profssional services agreements/contracts fina
gettilized 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 agreements/contracts (not just those requiring City Council approval).
Thi's process should occur in the order presented below.
Step
Responsi*ble
Description
Completion
Department
Date
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.
F3
Contracting Department
A endize contractor -signed agreement for
9
Council approval, if Council approval
necessary (as defined by City Attorney/City
Ordinance*).
City Attorney
Review and approve form of agreement-,
bonds, and insurance certificates and
endorsements. WJJ
F5
City Manager Mayor or
Agreement executed by Council authorized
Department Head
official.
r
1 6
City Clerk
City Clerk attests signatures, retains original
agreement and forwards copies to the
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contracting department.
ji
To be com
Project Manager: Lt. Dan Fink, Police Department
Project Name: Professional Services Contract -with Bair Analytics, Inc.
Agendized for City Council Meeting of (if necessary): March 3, 2014
If you have questions on this process, please contact the City Attorney's Office at 485-3 ) 080.
Council approval is required if contract is over $20,000 on a cumulative basis.
INSTRUCTIONS. USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL 1 AGENCY.
SRSA1 SRcc AGENDA ITEM NO. .a
DATE OF MEETING: March 3, 2014
FROM: Diana Bishop, chief of Police
DATE: February 19, 201�
TITLE OF DOCUMENT: RESOLUTION 1!' MANAGER
1• ! SIGN 1
PROFESSIONAL SERVICES AGREEMENT WITH •
AIR ANALYTICS TO PROVIDE A CRIME ANALYST
FOR 1 PERIOD OF ONE 1 ' WHICH WILL BE USED AS ' COUNTYWIDE RESOURCE.
*** *** *** *** *** *** *** *** *** *** *** *** *** *** *** ***
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL /AGENCY
AGENDA ITEM:
City Manager (signature)
10 ! Awl
.N.
APPROVED AS TO FORM:
City Attorney (signature)