HomeMy WebLinkAboutItem 13 - Agreement for Jail Management System MaintenancePolice Department
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Item # 13
or City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 3, 2025
TOPIC: Jail Management System Maintenance
AGENDA TITLE
Agreement with Act I Group, Inc. DBA Advanced Technology Information Management
Systems for Jail Management System Maintenance (General Fund & Non -General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Advanced Technology
Information Management Systems for jail management system software maintenance
and customer support in a total amount not to exceed $523,915 for a term beginning June
3, 2025 through December 18, 2027, including two optional one-year extensions and a
contingency amount (Agreement A-2025-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On February 21, 2012, the City Council approved an agreement with Advanced
Technology Information Management Systems (ATIMS) for a Jail management software
system (A-2012-029). This system's primary purpose is to manage Jail operations
including inmate intake and release, inmate record management, visitation schedules, jail
incidents, and inmate transfer and movement activities. It allows Jail staff to generate
regulatory and fiscal reports required by the State as well as its contract
agencies. Beyond the system's use within the Jail, this software is used by other
members of the Police Department for processing registrants, sending documents to
court, and managing mug shot photos.
The Police Department is proposing to execute a new three-year agreement with ATIMS
for the licensing, support, and maintenance of its Jail Management System for
$265,232. The agreement also covers maintenance services from the expiration date of
the most recent agreement, December 19, 2024 through June 2, 2025. This agreement
allows for two optional one-year extensions at an additional cost of $190,347. A 15%
contingency in the amount of $68,336 is also included for potential required work on this
Jail Management System Maintenance
June 3, 2025
Page 2
system related to transitioning the Police Department to a new Records Management
System, for a total not to exceed amount of $523,915.
The Santa Ana Jail has been using ATIMS to manage Jail information and operations
since 2012. ATIMS has been accommodating, professional, and consistent in its
servicing of the system. Similar to other City enterprise systems, maintaining the ATIMS
system is the most cost-effective option rather than transitioning to a new system. The
Jail intends to continue to use ATIMS until technology enhancements present a better,
more cost-effective solution for managing Jail information and operations.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funding is available in the FY 24-25 budget and funding for subsequent fiscal years and
extension options, if exercised, will be included in the proposed budgets for City Council
consideration as follows:
Fiscal
Accounting Unit -
Fund Description
Accounting Unit,
Amount
Year
Account No.
Account Description
FY 24-25
01114475-62300
General Fund
Jail Operations,
$ 85,811
Contract Services
FY 25-26
01114475-62300
General Fund
Jail Operations,
$ 88,385
Contract Services
Supplemental
SLESA, Contract
FY 25-26
12814407-62300
Law Enforcement
Services
$ 26,129
Services Fund
FY 26-27
01114475-62300
General Fund
Jail Operations,
$ 91,036
Contract Services
Supplemental
SLESA, Contract
FY 26-27
12814407-62300
Law Enforcement
Services
$ 13,655
Services Fund
FY 27-28
01114475-62300
General Fund
Jail Operations,
$ 93,767
Contract Services
Supplemental
SLESA, Contract
FY 27-28
12814407-62300
Law Enforcement
Services
$ 14,065
Services Fund
FY 28-29
01114475-62300
General Fund
Jail Operations,
$ 96,580
Contract Services
Supplemental
SLESA, Contract
FY 28-29
12814407-62300
Law Enforcement
Services
$ 14,487
Services Fund
TOTAL
$523,915
Jail Management System Maintenance
June 3, 2025
Page 3
The contingency amounts from the SLESA funds are estimates only and subject to
change.
EXHIBIT(S)
1. Agreement with Advanced Technology Information Management Systems
Submitted By: Robert Rodriguez, Police Chief
Approved By: Alvaro Nunez, City Manager
AGREEMENT BETWEEN ADVANCED TECHNOLOGY INFORMATION
MANAGEMENT SYSTEMS AND THE CITY OF SANTA ANA
TO PROVIDE JAIL MANAGEMENT SOFTWARE SERVICES
THIS AGREEMENT is made and entered into on this 3rd day of June, 2025, by and between Act
I Group, Inc., doing business as Advanced Technology Information Management Systems
(ATIMS) ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California ("City" or
"Customer").
RECITALS
A. The City desires to retain a Consultant having special skill and knowledge in the field of
jail management system maintenance.
B. Consultant represents that Consultant is able and willing to provide such services to the
City. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth in Scope of Services - Exhibit A,
attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for
City, the rates and charges identified in Service and Maintenance Quote - Exhibit B.
The cost for services for the initial three (3) years is $265,232, and the cost for years
four (4) and five (5) is $190,347. The total amount to be expended during the term of
this Agreement shall not exceed $523,915, which includes a contingency fee of
$68,336.
b. City agrees to pay for outstanding services since December 19, 2024. This amount is
included in the not to exceed amount.
c. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. City and
Consultant agree that all payments due and owing under this Agreement shall be made
through Automated Clearing House (ACH) transfers. Consultant agrees to execute the
City's standard ACH Vendor Payment Authorization and provide required
documentation. Upon verification of the data provided, the City will be authorized to
deposit payments directly into Consultant's account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance
set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on June 3, 2025 and terminate on December 18, 2027,
with the option for the City to grant up to a two (2) one (1) year renewals, exercisable by a writing
by the City Manager and the City Attorney, unless terminated earlier in accordance with Section
15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent Consultant and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Consultant shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in connection with
the performance of the work hereunder and the results of that work by the Consultant, his agents,
representatives, employees or subcontractors.
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering
CGL on an "occurrence" basis, including products and completed operations, property damage,
bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence
and $2,000,000 general aggregate.
2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering code 1 (any
auto, with limits no less than $1,000,000 combined single limits.
3. Cyber Liability: Insurance, with limits not less than $2,000,000 per occurrence or claim and
$2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations
as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims
involving security breach, system failure, data recovery, business interruption, cyber extortion,
social engineering, infringement of intellectual property, including but not limited to infringement
of copyright, trademark, trade dress, invasion of privacy violations, information theft, and release
of private information. The policy shall provide coverage for breach response costs, regulatory
fines and penalties as well as credit monitoring expenses.
3. Technology Professional Liability -Errors and Omissions Insurance (E&O): appropriate to
the Consultant's profession and work hereunder, with limits not less than $2,000,000 per
occurrence and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties
and obligations as is undertaken by the Consultant in this agreement and shall include, but not be
limited to, claims involving business interruption, damage to or destruction of electronic
information, and alteration of electronic information. The policy shall provide coverage for
Consultant's failure to provide professional services and/or products under this Agreement. The
Policy shall include, or be endorsed to include, damage to, alteration of, loss of, or destruction of
electronic data and/or information "property" of Customer in the care, custody, or control of
Consultant.
4. Workers' Compensation as required by the State of California, with statutory limits, and
Employer's Liability insurance with limits of no less than $1,000,000 per accident, policy,
employee, for bodily injury or disease.
If Consultant maintains broader coverage and/or higher limits than the minimums shown above
for any line of coverage, Customer requires and shall be entitled to the broader coverage and/or
the higher limits maintained by Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to Customer.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following
provisions:
1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and
volunteers are to be covered as additional insureds, under Consultant's CGL, AL and
E&O policies, with respect to any liability arising out of work or operations performed
by or on behalf of the Consultant including materials, parts, equipment, and personnel
furnished in connection with such work or operations.
2. Consultant's Insurance companies agree to waive all rights of subrogation against City
of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers
for losses paid under the terms of any policy which arise from work performed by
Consultant under this Agreement.
3. For any claims related to this contract, Consultant's insurance coverage shall be
primary and any insurance maintained by City of Santa Ana, its City Council, its
officers, officials, employees, agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring
that Consultant's insurance shall apply separately to each insured against whom a claim
is made or suit is brought, except with respect to the insurer's limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled,
suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or
materially changed except after thirty (30) days prior written notice has been given to
City. Ten (10) days prior written notice shall be provided to City for policy cancellation
or non -renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa
Ana, Attention: Boris Duran, 20 Civic Center Plaza, M-96, Santa Ana, CA 92701. The
name and location of project must be included in the Description of Operations section
of each certificate.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by Customer. Customer may require
Consultant to provide proof of ability to pay losses and related investigations, claim administration,
and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California
with a current A.M. Best rating of no less than A-:VII, unless otherwise acceptable to Customer.
Claims Made Policies
If any of the required policies provide coverage on a claims -made basis:
1. The retroactive date must be shown and must be before the date of the contract.
2. Insurance must be maintained and evidence of insurance must be provided for at least three (3)
years after completion of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form
with a retroactive date prior to the contract effective date, Consultant must purchase "extended
reporting" coverage for a minimum of three (3) years after completion of work.
Verification of Coverage
Consultant shall furnish Customer with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage required
by this clause). Failure to obtain the required documents prior to the work beginning shall not
waive Consultant's obligation to provide them. Customer reserves the right to require complete,
certified copies of all required insurance policies, including endorsements required by these
specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the
requirements stated herein.
Special Risks or Circumstances
Customer reserves the right to modify these requirements, including limits, based on the nature of
the risk, prior experience, insurer, coverage, or other special circumstances.
Failure to Maintain Insurance Coverage
If Consultant, for any reason, fails to maintain insurance coverage, which is required pursuant to
this Agreement, for the entire term of this contract, the same shall be deemed a material breach of
Agreement. Customer, at its sole option, may terminate this Agreement at any time and obtain
damages from Consultant resulting from said breach.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
11. CONFLICT OF INTEREST CLAUSE
a. Consultant covenants that it presently has no interests and shall not have interests,
direct or indirect, which would conflict in any manner with performance of services
specified under this Agreement.
b. No immediate family members of either the Mayor, City Council Member, or any
appointed City Official, including appointed board and commission members, as
defined under the City's Municipal Code, whose position with the City shall award or
influence the award of this Agreement, or any competing contract or amendment
thereof, shall be employed in any capacity by the Consultant or have any other direct
or indirect financial benefit or interest in this Agreement.
c. The section also prohibits the awarding of any agreement, contract, grant, or any
amendment to those awards, to any former full-time employee for one-year from date
of employee separation except for any Ca1PERS retiree as authorized by City Council
resolution
d. The Consultant must comply with all conflict of interest laws, ordinances, and
regulations now in effect or hereafter to be enacted during the term of this Agreement.
The Consultant warrants that it is not now aware of any facts which conflict with the
prohibitions defined above. If the Consultant hereafter becomes aware of any facts that
might reasonably be expected to create a conflict of interest, it must immediately make
full written disclosure of such facts to the City. Full written disclosure must include,
but is not limited to, identification of all persons implicated and a complete description
of all relevant circumstances. Failure to comply with the provisions of this paragraph
will be a material breach of this Agreement.
e. Consultant covenants that none of its directors, officers, employees, or agents shall
participate in selecting or administrating any subcontract supported (in whole or in part)
by City funds stemming from the Agreement where the awarding of the subcontract
has any direct or indirect financial benefit or interest to any individual, as defined in
subsections (b) and (c) above.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Consultant. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other Consultants retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Chief of Police
City of Santa Ana
20 Civic Center Plaza (M-97)
P.O. Box 1988
Santa Ana, California 92702
Fax:714-714-245-8007
To Consultant:
Mike Haberkorn
Director of Custody Operations
Advanced Technology Information Management Systems
9638 Topanga Canyon Place, #B
Chatsworth, CA 91311
mikehgatims.com
(818) 428-6187
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
JENNIFER L. HALL
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
TAMARA BOGOSIAN
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Q. L
ROBERT RODRIGUEZ
Chief of Police
CITY OF SANTA ANA
ALVARO NUNEZ
City Manager
ATIMS:
1 �
FELIX RABINOVICH
Vice President
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EXHIBIT
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Jail Management Software
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Table of Contents
Introduction.............................................................................................................................. 2
Professional Services and Support Program.......................................................................................2
InitialEngagement..........................................................................................................................2
DiscoveryPeriod.............................................................................................................................
2
Technical Resolution Guidance...........................................................................................................2
Section 1. Annual Software Support and Maintenance............................................................ 4
Software Covered by This Agreement................................................................................................4
Definition: Software Support and Maintenance............................................................................
4
SoftwareSupport Services..................................................................................................................4
Section 2. Standard Operating Procedures............................................................................... 4
Determining Severity and Response Commitments...........................................................................4
Appointing a Primary Contact and Alternate Contact........................................................................5
SupportMethods................................................................................................................................5
RemoteDiagnostics........................................................................................................................5
Email...............................................................................................................................................
6
Telephone.......................................................................................................................................
6
Section 3. Professional Services and Support........................................................................... 6
Definition: Professional Services........................................................................................................
6
HowOur Support Works.....................................................................................................................
6
Section 4. Additional Professional Services..............................................................................
7
TravelExpense....................................................................................................................................
7
Termsand Conditions...............................................................................................................
8
Limitationsof Liability.........................................................................................................................8
Definitions......................................................................................................................................
8
Use of Licensee Solution and Computer........................................................................................
9
Licensee Responsibilities................................................................................................................9
Severabilityand Waiver..................................................................................................................
9
Notice...........................................................................................................................................
10
ForceMajeure..............................................................................................................................
10
NoAssignment.............................................................................................................................
10
EntireAgreement.........................................................................................................................10
Notifications and Renewal Contact Information.....................................................................
11
iMs
Authorized Contacts for Professional Services and Support Requests ................................... 12
Appendix A. Professional Services Pricing.............................................................................. 13
ATIMS Professional Services and Support 2025 1 Page 1 of 15
ATIMS reserves the right to change or delete any or all of the professional services described in this manual without further
notice. ATIMS reserves the right to provide fixed -bid quotations for requested services.
IiMs
Introduction
Welcome to ATIMS!
This guide will provide you with the necessary information to use our services and maximize the value
of your Professional Services and Support and Maintenance agreements. Our mission is to be your
trusted business partner for all areas of your Jail Management System.
Professional Services and Support Program
Our Professional Services and Support (PSS) program is designed to meet your needs according to the
time and budget that works best for you. This document provides an overview of the PSS program and
the process of obtaining service.
Initial Engagement
Your authorized contact will contact ATIMS to place a request for service or support.
Discovery Period
The ATIMS Support Desk will gather all of the necessary information from you to assess the situation.
The support technician will determine the appropriate course of action, such as asking your authorized
contact to attempt various tasks or begin a remote session through an online connection. This
discovery period will be completed in 30 or fewer minutes.
If the discovery period takes longer than 30 minutes and the issue is determined to be unrelated to
ATIMS, ATIMS reserves the right to charge for this time. If a resolution has not been achieved at the
end of the discovery period, then the support technician will create a support ticket for further
investigation of the issue.
If the issue is determined to be ATIMS—related and falls within the coverage of a current Software
Support and Maintenance Agreement, then there will be no additional charges for the discovery
period. Also, ATIMS will make every effort to resolve the issue as quickly as possible.
Please note that additional remote sessions through an online connection may be required during this
period. If the engagement falls within a Professional Services Agreement, you will be given an
estimated cost to complete the job and will be billed at the hourly rate listed in Appendix A. You will
receive regular updates on the status of an issue and will be provided resolution details when a
support ticket is successfully closed.
Technical Resolution Guidance
The following chart explains the options provided by ATIMS with our Software Support and
Maintenance Agreement and our Professional Services Agreement.
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4WiMs
Software Support Professional
Description and Maintenance Services
Upgrades and updates
Supply new software version
✓
Install new software version
✓
System reinstall — application malfunction
✓
System reinstall — hardware/network problem
✓
Support/bugs/errors
Business hours Tier 1 support
✓
24/7 critical after -hour support
✓
Problem with application/malfunction
✓
Code testing and replication of errors
✓
Simulation of client environment
✓
Data discovery due to malfunction
✓
Problem with internal hardware/network
✓
Environment
IF
Database optimization — indexing
✓
Creation of additional databases
✓
Replication of database environment
✓
Installation of additional environments
✓
Reinstallation of new server or configuration
✓
Database maintenance — backups
✓
Data mining/data discovery request
✓
Customization / Enhancements
Consultation for customization or enhancement — up
to one (1) hour
✓
Software configuration using database settings
✓
Creation of additional custom forms
✓
Creation of additional custom reports
✓
Client -initiated customization/enhancement
✓
Interfaces
Consultation for third -party software interface — up
to one (1) hour
✓
Consultation for third -party software interface —
beyond one (1) hour
✓
Development of third -party interfaces
✓
Training
User manuals
✓
User group online webinars
✓
Additional client -requested training
✓
Training on new software functionality
✓
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Section 1. Annual Software Support and Maintenance
Software Covered by This Agreement
ATIMS shall provide software support only on the items described in Appendix A, Software Support
and Maintenance Pricing.
Definition: Software Support and Maintenance
Software Support and Maintenance is an agreement purchased along with a software package and
renews annually. This agreement provides our clients with patches available during the year and
supplies all of the software upgrades for version releases. The agreement protects your investment,
enables your software to stay up to date, and provides new features and functions that enrich and
optimize the user experience.
Software Support Services
A Software Support and Maintenance Agreement provides clients with fixes, upgrades, and updates
to licensed software released during the maintenance period. This agreement is not an extension of
the warranty period — it runs concurrently with any warranty.
Additional fees may be charged for upgrades that exceed more than one major or minor version of
the software in a year. "Forklift" upgrades (major release to major release) will be subject to additional
support fees if minor upgrades, updates, and/or fixes have not been adopted.
Section 2. Standard Operating Procedures
Determining Severity and Response Commitments
When reporting an incident, you will make the initial determination of priority and include it in the
support request. The initial ATIMS response to an incident will be based on your assessment of priority.
ATIMS will make reasonable efforts to respond to support requests within the timeframes described
in the following table, to provide periodic status updates to you, and to resolve incidents to your
satisfaction. The inability of ATIMS to meet the described response times due to your availability (such
as busy phone, no answer, out of the office, etc.) does not constitute a failure to comply with these
support policies.
After the initial response, any changes to the incident priority will be determined by ATIMS staff.
The following table describes the guidelines used by ATIMS to establish the severity level of an incident
and the ATIMS response commitments.
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Reporting
Frequency for
Severity Expected More Complex
Level Description IF Resolution Issues
Level 1 The problem affects live operation and 4 hours. Every 4 business
demands immediate attention. Normal service hours.
has been disrupted. Business risk is high.
Customer receives a status report within the
first hour.
Level 2 Affects production systems and demands Within 2 working Every 4 business
immediate attention. Live operation is still days. hours.
possible at this time. Business risk is moderate
to low. Customer receives a status report within
the first 4 hours.
Level 3 Low impact. Live operation is not affected. Within 5 working Does not apply.
Business risk is low. Customer receives a status days.
report within 1 working day.
Level 4 Low to minimal impact. This involves system According to the Does not apply.
enhancements, upgrades, and minor problems order of
not affecting production. importance in the
queue.
In the event that ATIMS receives a high volume of simultaneous PSS requests, client requests will be
prioritized by severity level and by the order in which incidents are reported.
Appointing a Primary Contact and Alternate Contact
To optimize the process of providing services and support, ATIMS requires clients to designate a
primary contact person and an alternate contact person to become the authorized contacts who
submit support and service requests to ATIMS. Authorized contacts should be entered in the section
"Authorized Contacts for Professional Services and Support Requests" on page 12 in this document.
Support Methods
Remote Diagnostics
ATIMS uses GoToMeeting to perform remote diagnostics and support. ATIMS uses remote diagnostics
to help identify and isolate suspected software, solution errors or malfunctions. Should you require
that ATIMS use a different remote diagnostics software or service (such as LogMeln, ShowMyPC, etc.),
you must provide access to the required software or service at no cost to ATIMS. ATIMS will make
every effort to comply with the security requirements of the customer. Any security configurations
that are required to achieve remote connectivity and/or access to your computer network will be used
only to diagnose the error or malfunction.
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Email
You may request support services by email.
Telephone
Telephone support is provided during ATIMS normal business hours and is available to clients who
have signed a Software Support and Maintenance Agreement or Professional Services Agreement.
Section 3. Professional Services and Support
Professional services include the provision of information and assistance on technical incidents related
to the installation, administration, and operation of ATIMS software products and solutions, as well as
assistance in determining why the product may not be performing in accordance with the
documentation (referred to as an incident in this document).
Definition: Professional Services
The ATIMS Professional Services and Support (PSS) program offers clients technical assistance in the
support, configuration, maintenance, and operation of their software system. PSS enables clients to
acquire technical services from ATIMS such as performing upgrades, applying updates,
troubleshooting, providing training, and many other services. With PSS, ATIMS can provide full support
or simply act as an additional layer of support behind your IT department. Either way, a Professional
Services and Support Agreement will be a great benefit to your organization.
How Our Support Works
ATIMS will provide telephone, email, and on -site support to maintain the products and other solutions
and/or customizations provided by ATIMS. Remote diagnostics will always be the first course of action
to resolve an incident or to provide technical assistance before scheduling an on -site visit.
You will be billed in hourly increments for all professional services, or time will be charged to a block
of PSS hours previously purchased. There will be a minimum two-hour charge for on -site support, not
including any travel time. All PSS hours will be tracked by the assigned technician and verified by the
ATIMS Support Manager.
If a problem occurs which significantly affects your use of ATIMS software and the issue remains
unidentified or unresolved either by workaround or permanent correction after you follow ATIMS
prescribed actions, at ATIMS discretion a support technician will be made available at your location
during regular business hours.
ATIMS also provides critical support 24 hours a day, 7 days a week.
Critical support is defined as any issue that:
• Causes the ATIMS system to stop running agency -wide.
• Prevents any essential or required data elements from being entered.
• Causes an inability to perform any mission -critical JMS task.
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The support technician will arrange an on -site arrival time with your authorized contact, and keep you
fully informed during this period. For on -site visits that require air travel, the travel cost will be
confirmed with you before booking.
ATIMS will provide or make available:
1. Assistance in diagnosing and identifying errors or malfunctions.
2. On -site consultation on correcting identified errors or malfunctions.
3. Detailed information on external factors which directly or indirectly affected ATIMS software and
resulted in performance deficiencies.
For ATIMS installations on an agency's Local Area Network (LAN), the agency and/or county IT
departments bear full responsibility for backing up databases and/or data files according to industry
standard practices. You will not hold ATIMS, its agents, successors, or assignees liable in any way for
consequences resulting from lost data caused by the unavailability of appropriate backup data.
The services provided as part of the PSS program do not include duties normally associated with
ongoing LAN administrator tasks.
Additional tasks like recovery of databases and/or data files that were not properly backed up, and
normal database administration tasks (reorganizing databases, running backups, restoring databases,
reviewing logs, updating statistics, capacity planning, etc.), are offered as part of the Professional
Services Agreement and you will be billed at the hourly rate noted in Appendix A (on page 12).
Section 4. Additional Professional Services
You may request additional professional services from ATIMS and use previously purchased block
hours for any of the services explained in the following table.
Software consulting
Installation and training
Data conversion
System relocation
Application integration
Workflow development
Reinstallation of software or hardware
Upgrade and testing
Data migration
System migration
Software customization
Business process reengineering
Contact your Account Manager to request a Professional Services proposal for Scope of Work (SOW)
and estimates for time and cost.
Travel Expense
On -site support performed by ATIMS employees for any client may be affected by travel and/or living
expenses incurred by ATIMS. For client -initiated tasks, such actual expenses will be billed as they are
incurred, outside the scope of this agreement. Automobile and air travel time will be deducted from
the block hours of the Professional Services account at 50 percent of the actual travel time.
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Terms and Conditions
Limitations of Liability
EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILLFUL MISCOUNDUCT IN NO EVENT SHALL EITHER
PARTY BE LIABLE TO THE OTHER FOR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES
OF ANY KIND, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN
CONNECTION WITH THE SERVICES OR PROGRAM OR SOLUTION PROVIDED PURSUANT TO THIS
AGREEMENT, WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS.
ATIMS EXTENDS NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, ON PARTS SUPPLIED OR
SERVICES PERFORMED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS OF ANY COMPONENT, MODULE OR EQUIPMENT FOR
A PARTICULAR PURPOSE.
Definitions
1. "Software Support and Maintenance shall mean the level of confidence that software is free from
vulnerabilities, either intentionally designed into the software or accidentally inserted at any time
during its life cycle and that the software functions in the intended manner."
2. "Annual Maintenance Fee" is set forth in the Contract.
3. "Documentation" shall mean the manual(s) relating to the use of the Solution delivered by ATIMS.
4. "Error" means an error/malfunction bug in the Solution which degrades the Solution or the
customer's use of the Solution.
5. "Correction" means the use of reasonable commercial efforts.
6. "Licensor Product Errors" Shall mean the failure of Licensor Software to conform in a material
respect to the Licensor Product Documentation.
7. "Solution" means the software and/or hardware provided by, or supported by ATIMS and
specifically listed in the Contract.
8. "Workaround" means a change in the procedures followed or data supplied by Customer to avoid
an Error without substantially impairing Customer's use of the Solution.
9. "Customer" or "Licensee" means the entity or person identified as the Customer in the Contract.
10. "Software" is a program or programs that enables a computer to perform a specific task, including
application software, which enables a user to perform a task, and system software, which enables
other software to run properly, by interfacing with hardware and with other software
11. "Licensor" means the manufacturer of the Software.
12. "Incident" means Software or Solution is not performing in accordance with the documentation.
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13. "Licensed Program" is Software licenses covered under the terms & conditions of the licensor.
14. "Third Party Licensor" are Software that is developed by a third party.
If the Licensee desires to cancel any portion of this Agreement upon the next Anniversary Date, a
notification to ATIMS at the address stipulated in this agreement must be mailed to ATIMS 60 days
prior to the Anniversary Date. If desired by the Licensee, ATIMS will meet with the Licensee at any
time prior to this to discuss the renewal.
Use of Licensee Solution and Computer
When ATIMS performs services pursuant to this Agreement which require the use of the Licensee's
computer system(s), the Licensee agrees to make it available at reasonable times and in reasonable
time increments, and in no event will the Licensee charge ATIMS for such system use.
If the Licensee wants to add new software to the workstations or Servers, the Licensee should contact
ATIMS to be advised if the new software will affect the performance of the system. Failure to do so
could result in billable support to the Licensee if service is required.
Licensee agrees to furnish ATIMS access to the software modules when performing service, subject to
Licensee's reasonable industrial security and safety rules. Licensee must provide the necessary data
communications equipment and operating software at its location to support remote problem
diagnosis and maintenance.
Licensee Responsibilities
Licensee agrees to furnish ATIMS reasonable access to the supported Equipment when performing
service subject to Licensee's reasonable industrial security and safety rules. If applicable, Licensee
shall provide the necessary data communications equipment and operating software at its location to
support remote problem diagnosis and maintenance. Upon installation of any Software or Hardware
upgrades, Licensee agrees to follow reasonable release installation instructions, review system
operations after installation, and report any problem detected as soon as possible. Reasonable storage
and/or workspace at the Licensee's site will be provided to ATIMS as required. Licensee acknowledges
it has reviewed and accepts the software license agreement(s) (including those of Third -Party
Licensors) for all products listed in Appendix A which has been provided to Licensee in electronic form.
Licensee agrees it shall be solely responsible for the compliant use of the products listed in Appendix
A according to those software license(s) agreement(s) terms and conditions.
Severability and Waiver
If any term or provision of this Agreement shall be found by a court of competent jurisdiction to be
invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or provisions
hereof or the whole of this Agreement, but such terms or provisions shall be deemed modified to the
extent necessary in the court's opinion to render such terms or provisions enforceable, and the rights
and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest
permissible extent the intent and agreements of the parties herein set forth.
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-MiMs
Either party's failure to exercise a right available to it by reason of the other party's breach shall be
taken as an isolated instance and shall not be deemed to be a permanent waiver of such right.
Notice
All notices, requests and other communications permitted or required under this Agreement must be
in writing, and shall be delivered as follows with notice deemed given as indicated: (i) by personal
delivery upon such personal delivery; (ii) if by nationally recognized courier or mail service with real-
time or near -real-time tracking, when the courier or mail service's tracking system indicates that the
notice was delivered to the recipient's premises. All notices for both parties shall be sent to the
addresses set forth in this Agreement.
Force Majeure
Neither party shall be liable by reason of any failure or delay in the performance of its obligations
hereunder on account of strikes, riots, insurrections, fires, floods, storms, explosions, earthquakes,
acts of God, war, governmental action, or any other similar cause, which is beyond the reasonable
control of such party. If any force majeure event occurs, the party delayed or unable to perform shall
give immediate notice to the other party.
No Assignment
This Agreement shall be binding upon the parties' respective successors and permitted assigns.
Neither party may assign this Agreement, or any of its rights and obligations, without the written
consent of the other party, which is not to be unreasonably withheld. Any internal corporate
reorganization by Licensee that does not involve any entity other than Licensee which results in a
change of name or form of legal organization of Licensee ("Reorganization") shall not be considered
an assignment hereunder, and Licensee may engage in such Reorganization without the consent of
ATIMS and without affecting its rights and obligations under this Agreement.
Licensee acknowledges and agrees that any reorganization of ATIMS that results in a change of name
or ownership shall not be considered an assignment for purposes of this Agreement. In the event of
the occurrence of such an event, the Licensee shall receive Services of a quality no less than Licensee
received prior to the change of name or ownership.
Entire Agreement
This Agreement, and its appendices, set forth the entire understanding between the parties hereto
and supersede all prior agreements, arrangements, and communications, whether oral or written,
with respect to the subject matter hereof. No other agreements, whether oral or written, shall be
deemed to bind the parties hereto with respect to the subject matter hereof.
This Agreement may not be modified or amended except by the mutual written agreement of the
parties. However, Appendix A may be changed to reflect additional product coverage as the Licensee
may add to the Solution or implemented additional Solutions. Appendix A may change annually as
ATIMS holidays and relevant dates may change every year.
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MiMs
Notifications and Renewal Contact Information
Anniversary Dates
Software Support and
Maintenance Start Date
Professional Service and Support
Start Date
Automatic Renewal
Yes No
*ATIMS Professional Service Agreements will be adjusted to renew on the anniversary date of the
Software Support and Maintenance renewal.
Licensee Physical Address
Company Name
Contact Name
Address
City, State, ZIP Code
Phone
Email Address
Licensee Billing Address
Company Name
Contact Name
Address
City, State, ZIP Code
Phone
Email Address
Submitting Support Requests
Phone
818-428-6195
Email
support@atims.com
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Authorized Contacts for Professional Services and Support
Requests
The following list of users is authorized to submit support requests on behalf of your organization.
These are also the primary contacts for notification on software updates, upgrades, etc.
1 Name
Dept.
Software
Phone
2 Name
Dept.
Title _F
Date
Admin. Yes No
Email
Title
Date
Software
Admin.
Yes No
Phone
Email
3
Name
Title
Dept.
Date
Software
Admin.
Yes No
Phone
Email
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Appendix A. Professional Services Pricing
Service
Level
Rates
Mon. Fri. Sat. & Mon. Fri.
AM 5 PM 5 PM 8 AM
Sunday and Holiday
1
IT Technician
$ 200
$ 225.00
$ 300
2
Software Engineer
$ 200
$ 262.50
$ 350
3
Software Designer
$ 200
$ 300.00
$ 400
ATIMS Professional Services and Support 2025 1 Page 13 of 15
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EXHIBIT B
Service and Maintenance — Quote
loci rn.,,a�r�r�� sa+ma.c
RAMS
Service and Maintenance Pricing Agreement for: Santa Ana Police Dept
To: Boris Duran Date: 4-23-25
Santa Ana Police Department
Requested Quote 13Yr Service and Maintenance for On Prem Software
Total
3 Year Service and Maintenance agreement for ATIMS Online Software.
(+3% Cos of Living per year)
Year 1
$85,811.00
Year 2
$88,385.00
Year 3
$91,036.00
Sub Total
$265,232.00
Optional Year 4
$9,.00
Optional Year 5
$96,58080.00
Installation and Configuration
Included
TOTAL COST
$455,579.00
Accepted and Approved by Customer:
Signed:
Printed:
Title:
Date:
2025
— Quote is valid for 90 days —