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Contract Summary Sheet CONTRACT SUMMARY SHEET TO: THE OFFICE OF THE CITY CLERK, COUNCIL/PUBLIC SERVICES DIVISION DATE: 03/06/2015 ROOM 395, CITY HALL FROM (DEPARTMENT): Police CONTACT PERSON: Nancy Cammarata PHONE: (213) 486-0380 CONTRACT NOU-2-33 COUNCIL FILE NO.: M NEW CONTRACT ADOPTED BY COUNCIL: N/A El AMENDMENT NO. DATE El ADDENDUM NO. APPROVED BY BPW: N/A El SUPPLEMENTAL NO. DATE El CHANGE ORDER NO. CONTRACTOR NAME: Superior Court of California, County of Los Angeles TERM OF CONTRACT: 10/01/14 THROUGH: 08/10/2017 TOTAL AMOUNT: variable based on Pricing and Billing Schedule PURPOSE OF CONTRACT: Agreement between the City of Los Angeles and the Superior Court of California, County of Los Angeles for data conversion services for traffic citations performed by Continental Datagraphics. NOTE; CONTRACTS ARE PUBLIC RECORDS - SCANNED AND UPLOADED TO THE INTERNET AGREEMENT BY AND BETWEEN THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES AND THE CITY OF LOS ANGELES AT LOS ANGELES FOR REIMBURSEMENT TO COURT FOR DATA CONVERSION SERVICES ON TRAFFIC CITATIONS ISSUED BY THE LOS ANGELES POLICE DEPARTMENT CONTRACT NUMBER 2014-057 TABLE OF CONTENTS SECTION TITLE PAGE 1.0 APPLICABLE DOCUMENTS 1 2.0 PERIOD OF PERFORMANCE 2 3.0 CONTRACT SUM 2 4.0 INVOICES AND PAYMENTS 2 5.0 DATA CONVERSION POLICIES AND PROCEDURES 3 6.0 CHANGE NOTICES AND AMENDMENTS 3 7.0 INDEMNIFICATION 4 8.0 ADMINISTRATION OF AGREEMENT 4 9.0 GOVERNING LAWS, JURISDICTION AND VENUE 4 10.0 RECORD RETENTION AND INSPECTION 5 11.0 CONFIDENTIALITY AND DATA SECURITY 5 12.0 NOTICE OF DELAYS 5 13.0 TERMINATION 6 14.0 SEVERABILITY 6 15.0 AUTHORIZATION PAGE 7 EXHIBITS EXHIBIT A Statement of Work A-1 EXHIBIT B Pricing and Billing Schedule B-1 EXHIBIT C LASC Agreement No. 2014-002 C-1 This Agreement is made and entered into at Los Angeles, California by and between the CITY OF LOS ANGELES, a municipal corporation (hereinafter "CITY"), acting by and through its Los Angeles Police Department (hereinafter "LAPD") and the SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES (hereinafter "COURT"), as of the Effective Date, to reimburse COURT for the costs associated with data conversion services for CITY's traffic citations issued by LAPD, with regard to the following recitals. WHEREAS, COURT has executed a new agreement with Continental DataGraphics (CDG) for data conversion services for traffic citations (LASC Agreement No. 2014-002); and WHEREAS, LAPD is one of the criminal justice agencies whose traffic citations are processed per the agreement with CDG; and WHEREAS, LAPD has unique data processing requirements for their traffic citations which increases the cost COURT would otherwise pay for data conversion services; and WHEREAS, CITY desires to reimburse COURT for the costs associated with COURT's processing of LAPD traffic citations; and WHEREAS, the Judicial Council has determined that the Lockyer-lsenberg Trial Court Funding Act of 1997, and Government Code section 77009(b), authorize COURT to enter into agreements such as the present one in furtherance of the exercise of COURT's judicial responsibilities; and NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated as part of this Agreement, COURT agrees to provide CITY with accurate, timely, and complete data as supplied by CDG, and CITY agrees to reimburse COURT for its costs associated therewith, pursuant to the following terms and conditions: 1.0 APPLICABLE DOCUMENTS 1.1 This present document and attached Exhibit A (Statement of Work), Exhibit B (Pricing and Billing Schedule), and EXHIBIT C (LASC Agreement 2014-002), which is hereby incorporated by reference and more fully details the scope of work performed by CDG, collectively shall constitute the complete and exclusive statement of understanding and accord between the parties relating to the subject matter of this Agreement (throughout and hereinafter referred to collectively as the "Agreement"). 1.2 In the event of any conflict or inconsistency in the definition or interpretation of any word, responsibility, schedule, or the contents or description of any task, deliverable, goods, service, or other work, or otherwise, between and/or among this present document and the Exhibits, such conflict or inconsistency shall be resolved by giving precedence first to the body of this present document and then to the Exhibits according to the following priority: 1 (1) EXHIBIT A Statement of Work (2) EXHIBIT B Pricing and Billing Schedule (3) EXHIBIT C LASC Agreement No. 2014-002 2.0 PERIOD OF PERFORMANCE 2.1 The period of performance under this Agreement shall commence on October 1, 2014 and shall continue until August 10, 2017 to coincide with the terminus date of LASC Agreement No. 2014-002, unless sooner terminated, in whole or in part, as provided in this Agreement. 2.2 This Agreement may be extended for up to two additional and successive one-year periods of performance, to coincide with the extensions provided for under LASC Agreement No. 2014-002, at the discretion of the Court's Project Director. 2.3 COURT authorizes its Executive Officer/Clerk to extend this Agreement on a month-to-month basis, with the mutual written consent of COURT and CITY, for an additional period not to exceed six (6) months, only when this same option has been exercised under LASC Agreement No. 2014-002. 3.0 CONTRACT SUM The Contract Sum under this Agreement shall be the total monetary amount payable by CITY to COURT for Reimbursement of the COURT's costs associated with data conversion services for LAPD issued traffic citations being provided by CDG, as outlined more fully in Exhibit C (LASC Agreement No. 2014-002). As described in Exhibit B (Pricing and Billing Schedule), the actual contract sum is variable and will be based on the annual volume of citations issued by LAPD, and processed by CDG. The estimated first year cost, based on estimated annual volume, is $253,368. The estimated second year cost, based on estimated annual volume, is $260,968. The estimated cost for the period between October 1, 2016 and August 8, 2017, based on estimated annual volume, is $268,796. The annual cost for each of the two one-year extension is subject to the negotiated rates with CDG for each corresponding contract extension. 4.0 INVOICES AND PAYMENTS 4.1 COURT shall invoice CITY monthly for work performed and for supplying the service specified herein and priced in accordance with Exhibit B (Pricing and Billing Schedule). COURT shall prepare monthly invoices, which shall include the charges owed to COURT by CITY for providing services during the previous month under the terms of this Agreement. 2 4.2 All invoices under this Agreement shall be submitted to the following address: Wade Nakakura, Senior Management Analyst Information Technology Bureau Los Angeles Police Department 100 West First Street, Room 842 Los Angeles, CA 90012 4.3 CITY shall provide payment to COURT monthly, for work performed based on the number of records entered, for data entry services rendered during the previous month as specified herein and priced in accordance with Exhibit B (Pricing and Billing Schedule). 5.0 DATA CONVERSION POLICIES AND PROCEDURES 5.1 COURT agrees to abide by all state and federal statutes concerning the security, privacy, and dissemination of any and all information transferred to CDG. 5.2 COURT shall be responsible for the accuracy, completeness, and timeliness of all data conversion services information it provides to CITY. CITY shall notify COURT within fifteen (15) days of any information it receives from COURT that is not accurate or complete. COURT agrees to take whatever action is necessary in order to provide CITY with accurate and complete data. 5.3 COURT agrees to provide CITY all processed data within ten (10) days of COURT's receipt of data from CDG. 6.0 CHANGE NOTICES AND AMENDMENTS 6.1 COURT and CITY reserve the right to change any portion of the work required under this Agreement and any other provisions of this Agreement. All such changes shall be accomplished only as provided in this paragraph 6.0. 6.2 For any change that does not affect the scope of work, period of performance, payments, or any other term or condition included under this Agreement, a Change Notice shall be prepared and executed by COURT's Project Director and CITY's Project Director. 6.3 For any change that affects the scope of work, period of performance, payments, or any other term or condition included under this Agreement, a negotiated Amendment shall be prepared and executed in the same manner as the Agreement. 3 7.0 INDEMNIFICATION Pursuant to the provisions of California Government Code Sections 895.4 et seq., CITY and COURT agree to indemnify and hold the other harmless from any and all loss or liability for injury or damage, actual or alleged, to person or property arising from the indemnifying party's acts or omissions in the performance of this Agreement. In the event of third-party loss caused by the negligence, wrongful act or omission of more than one party, each party hereto shall bear financial responsibility in proportion to its percentage of fault as may be mutually agreed between them or judicially determined. The provisions of California Civil Code Section 2778, regarding interpretation of indemnity agreements are hereby incorporated into this Agreement. 8.0 ADMINISTRATION OF AGREEMENT This Agreement shall be administered by the following: 8.1 CITY's Project Director shall be: Wade Nakakura, Senior Management Analyst Information Technology Bureau Los Angeles Police Department 100 West First Street, Room 842 Los Angeles, CA 90012 CITY's Project Director or his designee shall be responsive to COURT's concerns and questions regarding this Agreement.
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