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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 A - 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 0 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 V the crime fighting solutions for all of Marin County. so 0 A 0 a E A A A AitA A A A A NA I Fill 'm MMIAW 1p i 1 0 = M*'1M1M3M= 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. ANA 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 liqp1liq piiiq� 1, ESTHER BEIRNE, Clerk of the City of San Rafael, hereby certify that the I , . 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 qi lij IiiIA Tjj 11�: • 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 A I 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: W 0 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 A *1 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 I 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 0 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. I 2. The additional insured coverage under CONTRACTOR'S insurance 0 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 I 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. I 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 I 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 M-61=5 110 IL1011111 I 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 Lli 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)