HomeMy WebLinkAbout05/18/2021 04F Resolution authorizing an Interlocal Agreement with Yakima County for the joint purchase and future costs of the eProsecutor prosecution case management systemBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 4.F.
For Meeting of: May 18, 2021
ITEM TITLE: Resolution authorizing an Interlocal Agreement with Yakima County
for the joint purchase and future costs of the eProsecutor
prosecution case management system
SUBMITTED BY: Cynthia I. Martinez, Senior Assistant City Attorney
SUMMARY EXPLANATION:
The City of Yakima Prosecution Division is a paperless office. All of our case files are managed
by JustWare, a software case management system we share with the County Prosecutor. This
City and County partnership has proved valuable for workflow and substantive prosecution
purposes. The paperless prosecution environment dovetails with the electronic complaint
system used by police and the electronic court case management system. On February 25,
2020, we received notice from the owner of JustWare, Journal Technologies, they are
discontinuing service and support for JustWare effective June 30, 2021.
Faced with this challenge, the City and County began jointly searching for a replacement case
management system. An investigation of recent RFPs in Washington (Benton and Spokane
Counties) for Prosecution Case Management Systems revealed that eProsecutor, Journal
Technologies' new product, had been the successful program proposal. The other proposals
were not comparable to the eProsecutor product, and because Journal Technologies owns
JustWare and eProsecutor, migration of our prosecution data is possible.
The County Prosecutor and City Legal discussed trying to get by with a non -supported
JustWare. However, County and City Info Systems discouraged this option because each of our
agencies is paperless or nearly paperless and the stakes are high if we lose or have no access to
our data. Journal Technologies gave a remote demonstration of eProsecutor. We found the
program to be a powerful case management tool and we have checked references. Journal
Technologies has agreed, if we sign a purchase agreement before June 30, 2021, they will
service and support JustWare until we go live with the eProsecutor. The implementation process
is estimated to take nine months to a year.
For Council's consideration are agreements concerning the purchase of eProsecutor. The first
item is an I nterlocal Agreement between the City and the County to jointly purchase e-
Prosecutor. The City would pay 25 percent of the cost and the County the remaining 75 percent.
The total cost of the system is $170,000. This is considerably less than the first quote of
$305,000, which the parties worked to reduce. The City portion of that amount is $42,500, with
$10,000 due up front and the remaining $32,500, due upon full implementation. This split is
divided by the number of program users and also applies to the ongoing license and service
fees. The second item is the Professional Services and the License, Maintenance and Support
Agreements for the purchase and ongoing use of Journal Technologies, I nc. eProsecutor case
management system. The terms of these agreements are substantially settled. The final format
will be considered by the County Commissioners first, and then forwarded to the City.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution.
ATTACHMENTS:
Description Upload Date Type
resolution 5/11/2021 Craver Merno
eProsecutor Intedocal Partnership Agreement 5/6/2021 Backup Mateial
3
RESOLUTION NO. R-2021-
A RESOLUTION approving an Interlocal Agreement with Yakima County for the joint
purchase and future costs of the eProsecutor prosecution case
management system.
WHEREAS, the City of Yakima and Yakima County share a prosecution case
management system, JustWare, that is terminating and will no longer be supported on June 30,
2021; and
WHEREAS, the eProsecutor case management system is a next generation case
management system that will meet the needs of the parties; and
WHEREAS, it is in the best interest of the City and the County, and the citizens who rely
upon their services to retain a joint records system; and
WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of
the City of Yakima to enter into the attached Interlocal Agreement with Yakima County for the
purchase and future costs of the eProsecutor case management system; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Interlocal Agreement between Yakima County and the City of Yakima is hereby
authorized, and the City Manager of the City of Yakima is directed to execute the attached
Interlocal Agreement with Yakima County for the purchase and ongoing use of Journal
Technologies, Inc, eProsecutor software.
ADOPTED BY THE CITY COUNCIL this 18th day of May, 2021.
Patricia Byers, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
BOCC Agreement
Yakima County, W �AKIMA COUNTY and CITY OF YAKIMA Interlocal Agreement
for purchase and on -going use of Journal Technologies, Inc. eProsecut&r
THIS AGREEMENT is entered into between Yakima County, Washington (hereafter "County")
and the City of Yakima, (hereinafter "City"), a municipal corporation, pursuant to RCW 39.34.
WHEREAS, the parties currently share a prosecution case management system, JustWare,
that is terminating and will no longer be supported 2021; and,
WHEREAS, the eProsecutor case management system is a next generation case
management system that will meet the needs of the parties; and,
WHEREAS, it is in the best interest of the County, the City and the citizens who rely upon their
services to retain a joint records system; and,
This Agreement is made by and between Yakima County (hereinafter referred to as the County)
whose address is 128 North Second Street, County Courthouse, Room 329, Yakima,
Washington 98901, and the City of Yakima (hereinafter referred to as the City) whose address
is 129 N 2nd Street, Yakima, WA 98901. Notices between the parties shall be made where and
as provided for on Page 7, Section 22, NOTICES.
The purpose of this Agreement (hereinafter referred to as the project) is to establish and
recognize the joint partnership to purchase, develop the infrastructure, provide maintenance, and
jointly fund, the prosecution criminal case management software known as "eProsecutor', a
product of Journal Technologies, Inc. (hereinafter referred to as eProsecutor, See Appendix
A).
This Agreement shall become effective upon execution hereof by the authorized representatives
of both parties and continues in effect until terminated as provided for in Section 7,
SUSPENSION, TERMINATION, AND CLOSEOUT, or until the end of life of eProsecutor.
Provided, that the City's funding and payment obligations set forth in Section 4 A and B shall
survive termination of this Agreement unless or until other specific repayment arrangements are
agreed upon by the parties in writing.
The Parties make this Contract based on and in recognition of certain relevant facts and
circumstances including:
A. It has been agreed that the cost share responsibility to Journal Technologies will
Page 1 of 8 Contract No. YC-YAC- 19
be split between the City of Yakima (25%) and Yakima County (75%
B. Yakima County agree to house and maintain the servers and software for
eProsecutor and will meet the conditions to receive support as required in the
Journal Technologies Software, Maintenance and Support Agreement. The cost
for this service will be determined by the YAKCORP consortium of which Yakima
County and the City of Yakima are members. If problems arise in the performance
of the software, Yakima County will work with the City of Yakima to correct the
problems.
C. Journal Technologies has negotiated the price for the one-time implementation
cost at $170,000, with the City of Yakima responsible for 25% or $42,500 and
Yakima County responsible for 75% or $127,500.
This one-time cost will be made payable in full upon "go -live" with the exception of
a down payment in the amount of $40,000 to be paid in early 2021 upon signing
the contract with Journal Technologies Inc.
The down payment will be broken down as such:
The City of Yakima will pay Yakima County $10,000 no later than March 31, 2021.
Yakima County will be responsible for $30,000.
D. After Go -Live, anticipated to be late 2021 or early 2022, the annual license and
maintenance fees total $64,000. Yakima County shall receive monthly
compensation as follows from the City of Yakima:
The City of Yakima should pay 25% or $16,000 dollars annually, made payable to
Yakima County in monthly increments of $1,333.33 no later than the 1 oth day of
each month OR, the City may choose to pay annually in a lump sum payment at
the beginning of each year.
The balance of the maintenance fees totaling $48,000, will be made payable by
the Yakima County Prosecuting Attorney's Office, in monthly increments of
$4,000.00.
E. The City of Yakima and Yakima County will agree that these funds can be expended for
no purpose other than paying for costs as they relate to the infrastructure, maintenance,
upgrades, technical support, and financial responsibilities of eProsecutor and will be jointly
funded and paid for as long as eProsecutor is viable.
F. The parties agree that if future ongoing increases to license and maintenance fees are
imposed by Journal Technologies Inc, that the parties will continue the split at the 75
percent County, 25 percent City split.
G. RCW 39.34 authorizes interlocal agreements whereby municipal governments may
jointly exercise the powers granted to each.
The County agrees to maintain such records, make such reports, and follow such procedures as
may be required by the State or City, pertaining to this Contract. All records pertaining to this
Page 2 of 8
Contract No. YC-YAC- 19
Contract and work undertaken hereunder shall be retained by the County for a period of seven
years after final audit unless a longer period is required to resolve audit findings or litigation. The
County and other authorized representatives of the State and Federal government shall have
access to any books, documents, papers, and records of the City, which pertain to this Contract
or • undertaken - - •- for purpose of _ • audit, examination, excerpts, and
transcriptions.
A. The relationship of the City to the County, with regard to the development of and payment
for eProsecutor, shall be that of a joint and binding partnership as determined by the
contractual agreement with Journal Technologies (Appendix A). The City shall have no
authority to execute contracts or to make commitments on behalf of the County and
nothing contained herein shall be deemed to create the relationship of employer and
employee or principal and agent between the County and the City.
B. All services required hereunder will be performed by the City and County jointly, and under
the supervision of the City Attorney and the County Prosecutor and all personnel engaged
in the work shall be fully qualified and shall be authorized, permitted and by mutual
agreement by the City of Yakima and Yakima County.
A. If either party fails to comply with the terms and conditions of this Contract, the aggrieved
party may pursue such remedies as are legally available.
B. TERMINATION FOR CAUSE —if the City fails to comply with the terms and conditions
of this Contract and any of the following conditions exist:
I. The lack of compliance with the provisions of this Contract were of such
scope and nature that the County deems continuation of this Contract to be
substantially detrimental to the interests of the County;
II. The City has failed to take satisfactory action as directed by the County or its
authorized representative within the time period specified by same;
III. The City has failed within the time specified by the County or its authorized
representative to satisfactorily substantiate its compliance with the terms and
conditions of this Contract; then,
IV. Either the City of Yakima or Yakima County may terminate this Contract in whole
or in part, and thereupon shall notify either party of termination, the reasons
therefore, and the effective date, provided that six (6) months -notice is given. After
this effective date, no charges incurred under any terminated portions outlined in
the application for funding are allowable.
C. TERMINATION FOR OTHE GROUNDS —This Contract may also be terminated in
whole or in part by mutual consent and written agreement setting forth the conditions of
termination, including effective date and, in case of termination in part, that portion to be
terminated provided six (6) months -notice is given to either the City of Yakima or Yakima
County.
Page 3 of 8 Contract No. YC-YAC-19
M
The County and the City shall comply with all applicable laws, ordinances, and codes of the
Federal, State, and local governments with regard to the performance of this Contract.
This Agreement is entered into for the sole benefit of the County and the City. It shall confer no
benefits or rights, direct or indirect, on any third parties. No person or entity other than the County
and the City may rely upon or enforce any provision of this Agreement.
The Contractor agrees that it shall not discriminate against any person on the grounds of race,
creed, color, religion, national origin, sex, sexual orientation, veteran status, pregnancy, age,
marital status, political affiliation or belief, or the presence of any sensory, mental or physical
handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or
the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) or any other applicable state, federal
or local law, rule or regulation.
The Contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-300.5(a) and
60-741.5(a). These regulations prohibit discrimination against qualified individuals on the basis of
protected veteran status or disability, and require affirmative action by covered prime contractors
and subcontractors to employ and advance in employment qualified protected veterans and
individuals with disabilities.
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color,
creed, religion, sex, or national origin, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving Federal financial
assistance.
The City shall indemnify and hold harmless the County, its officers, agents, and employees, from
all liability, loss or damage, including costs of defense they may suffer as a result of claims,
demands, actions costs, or judgments which result from the activities to be performed by the
City, its agents, employees, or subcontractors pursuant to this Agreement.
The City intends that its indemnification, defense, and hold harmless obligations set forth in this
Agreement shall operate with full effect regardless of any provision to the contrary in Title 51
RCW, Washington's Industrial Insurance Act. Accordingly, with respect to any action brought by
any employee of the City against the County and its officers, employees, agents, and volunteers,
the City specifically and to the fullest extent allowed by law waives any immunity granted under
Title 51 RCW. The parties have mutually negotiated this waiver. The City shall similarly require
that its subcontractors, and anyone directly or indirectly employed or hired by the City, and
anyone for whose acts the City may be liable in connection with its performance of this
Agreement to comply with the terms of this paragraph, waive any immunity granted under Title
51 RCW, respect to any action brought by any employee of the subcontractor against the County
Page 4 of 8 Contract No. YC-YAC- 19
or any of its officers, employees, agents, and volunteers. The provisions of this section shall
q,urvive the expiration or termination of this Agreement.
The County shall indemnify and hold harmless the County, its officers, agents, and employees,
from all liability, loss or damage, including costs of defense they may suffer as a result of claims,
demands, actions costs, or judgments which result from the activities to be performed by the
County, its agents, employees, or subcontractors pursuant to this Agreement.
The County intends that its indemnification, defense, and hold harmless obligations set forth in
this Agreement shall operate with full effect regardless of any provision to the contrary in Title 51
RCW, Washington's Industrial Insurance Act. Accordingly, with respect to any action brought by
any employee of the County against the City and its officers, employees, agents, and volunteers,
the County specifically and to the fullest extent allowed by law waives any immunity granted
under Title 51 RCW. The parties have mutually negotiated this waiver. The County shall
similarly require that its subcontractors, and anyone directly or indirectly employed or hired by
the County, and anyone for whose acts the County may be liable in connection with its
performance of this Agreement to comply with the terms of this paragraph, waive any immunity
granted under Title 51 RCW, respect to any action brought by any employee of the subcontractor
against the City or any of its officers, employees, agents, and volunteers. The provisions of this
section shall survive the expiration or termination of this Agreement.
The City and the County shall maintain for the duration of work under this Contract, issued on an
occurrence basis, comprehensive liability insurance with a combined single limit of not less than
two (2) million dollars ($2,000,000.00) per occurrence and five (5) million dollars ($5,000,000.00)
aggregate insurance from a company authorized to provide insurance in the State of Washington.
The City, nor the County shall not assign any interest in this Agreement and shall not transfer
any interest in this Agreement (whether by assignment or novation) without prior written consent
of the other party thereto, provided, however, that claims for money by the City from the County
under this Contract may be assigned to a bank, trust company, or other financial institution
without such approval. Written notice of any such assignment or transfer shall be furnished
promptly to the County by the City.
The failure of either party to insist upon strict performance of any provision of this Agreement or
to exercise any right based upon a breach thereof or the acceptance of any performance during
such breach shall not constitute a waiver of any right under this Agreement.
Page 5 of 8 Contract No. YC-YAC- 19
It is mutually agreed and understood that no modification or waiver of any clause or condition of
this Contract is binding upon either party unless such modification or waiver is in writing and
executed by the County and the City.
The parties mutually understand that eProsecutor is a third party software service and that from
time to time the software license and network availability may be limited, or unavailable subject
to Journal Technologies ability to perform services under contract. The parties mutually agree
that there are no warranties express or implied, including but not limited to the implied warranties
of merchantability, and fitness for a particular purpose. Warranties with respect to the operation
of any deliverable shall be as set forth in the license agreement or statement of work.
If any portion of this Agreement is changed per mutual contract or any portion is held invalid, the
remainder of this Contract shall remain in full force and effect.
A. Unless stated otherwise herein, all notices and demands shall be in writing and sent or
hand -delivered to the parties to their addresses as follows:
TO CITY: Yakima City Attorney
129 North Second Street
Yakima, WA 98901
TO COUNTY: Yakima County Prosecutor
128 North Second Street, Room 329
Yakima, WA 98901
or to such other addresses as the parties may hereafter designate in writing. Notices
and/or demands shall be sent by registered or certified mail, postage prepaid, or hand -
delivered. Such notices shall be deemed effective when mailed or hand -delivered at the
addresses specified above.
This Agreement contains all terms and conditions agreed to by the County and the City. There
are no other oral or written agreements between the City and County as to the subjects contained
herein. No changes or additions to this Agreement shall be valid or binding upon either party
unless such change or addition be in writing and executed by both parties.
1 • r,,
All questions of the validity, construction, and application of this Agreement shall be governed by
the laws of the State of Washington. Venue for any suit between the parties arising out of this
Agreement shall be the Superior Court of Yakima County, Washington.
Page 6 of 8 Contract No. YC-YAC-19
10
The parties to this Agreement shall comply with all applicable federal, state and local laws, rules
and regulations in carrying out the terms and conditions of this Agreement.
22. FILING
Upon execution by the authorized representatives of the parties, a copy of this Agreement shall
be promptly filed with the Yakima County Auditor pursuant to RCW 39.34.040.
Page 7 of 8 Contract No. YC-YAC- 19
11
IN WITNESSWHEREOF, the County and the City have executed this Contract as of the data and year
last written below.
Cynthia Martinez, City Attorney
Sonya Claar Tee, City Clerk
Date
LaD6n Linde, Commissioner
Approved s to For
d �
Daniel D. Clark, Dep ty Prosecuting Attbrrfey
CONTRACT AUTHORIZATION
Attest: �W'�
w =.
awrence, Clerk o the Boa
ate 4-12a w �
Journal Technologies, Inc. Contract with the City of Yakima and Yakima County;
Page 8 of 8
Contract No. YC-YAC-19