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C. 39
To: Board of Supervisors
From: David Twa, County Administrator
Date: December  18, 2018
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: CONTRACT WITH LEXISNEXIS FOR AN AUTOMATED COUNTYWIDE WARRANT SYSTEM

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   12/18/2018
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Julie DiMaggio Enea 925.335.1077
cc: CAO     LJIS    
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:     December  18, 2018
David Twa,
 
BY: , Deputy

 

RECOMMENDATION(S):

APPROVE and AUTHORIZE the County Administrator or designee to execute, subject to approval as to form by County Counsel, a Software and Services Agreement including modified indemnification with LexisNexis Coplogic Solutions, Inc., in an amount not to exceed $1,416,000 for a countywide warrant management software system, configuration services, data hosting, and maintenance and support, for the period December 11, 2018 through December 10, 2023.

FISCAL IMPACT:

The contract cost comprises software licensing and configuration in the amount of $495,000, system enhancements in the amount of $236,500, and five years of vendor-supplied hosting and maintenance in the amount of $684,500 or $136,900 per year. In addition to the contract cost, the project will also incur internal County costs for mainframe interface programming and wide area network services provided by the Department of Information Technology.   
  




FISCAL IMPACT: (CONT'D)
The cost of the contract will be funded through penalty assessments on failure to appear/failure to pay on Vehicle Code violations. The penalty assessment raises about $200,000 per year and was meant to be supplemented, if necessary, by city and county contributions in order to operate a countywide coordinated warrant system. The penalty assessment is restricted to the development and maintenance of warrant information systems and was prompted by a statewide recognition of the outstanding warrant problem and the need for warrant reform. The system manages court-ordered warrants, and failure to appear warrants, and provides the ability to print warrant reports and abstracts (permission to arrest). The funds are budgeted in Department 0260. Based on historical receipts, the penalty assessments should be sufficient to cover the system cost over course of the project. Any shortages would need to be recovered through contributions by the County and local law enforcement agencies that rely on the system.

BACKGROUND:

The County currently has two systems that support the automated warrant system. The first system is the test and development system, which was the prior production hardware put into service in 2004. IBM AS400 hardware and software support for this system ended in 2014. The second system is the production IBM AS400 server (put into service in 2009) that operates on an IBM operating system, which was supported by IBM until September 30, 2017 but is now considered obsolete and is no longer supported.  
  
IBM advised us that, due to the age of the hardware and obsolete version of the software, an attempt to simply update the system in its current environment will not be successful. Due to compatibility issues, we are unable to migrate the warrant system application, which is written in COLBOL and Pascal, to the current release hardware and software operating system because the Pascal program compiler was discontinued in 1991. The Pascal program represents only 5 percent of the entire warrant system application but is an essential component for the communications portion of the application. We have made several unsuccessful attempts over the last ten years to rewrite the communications code into a supported programming language.  
  
To serve the needs of local law enforcement agencies, the warrant management system must be highly-available, web-based, multi-user, and in a California Justice Information Services hosted environment. The proposed warrant management system must provide the ability to restrict editing of warrant data by agency. More than 25 local law enforcement and justice agencies rely daily on the availability and performance of the warrant management system.   
  
The County Administrator's Office solicited proposals for a replacement system and, in June 2017, received one qualifying and responsive bid from LexisNexis Coplogic Solutions, Inc.. LexisNexis has nearly 10 years of experience with warrant management systems. In 2008, they developed a statewide electronic warrants solution (eWarrants) for the Kentucky Office of Homeland Security that has nearly eliminated all paper warrants in the Commonwealth of Kentucky. eWarrants automates the process of requesting, authorizing, and serving warrants and protective orders. It can also be used for subpoenas, summons, eviction notices, and any other servable document authorized by the courts and subsequently served by law enforcement. Since inception, more than 1.7 million electronic records have been processed through eWarrants. This is significant, as when the first counties entered the eWarrants pilot program, the state had an estimated 300,000 outstanding paper warrants, which were housed in decentralized physical locations. In 2016, eWarrants processed 317,619 warrants. The service rate in Kentucky for all newly created records is 87%. Arrest warrants average roughly 90% and indictments are approximately 95%.  
  
The Law & Justice Systems Unit of the County Administrator's Office will administer the warrant management system on behalf of all local law enforcement agencies and coordinate the system interfaces with the Superior Court in consultation with the Department of Information Technology.  
  
LexisNexis has agreed to indemnify the County up to $1.5 million for liability resulting from the negligence or willful misconduct of its officers, employees, agents, contractors, and will additionally maintain $10 million of cyber insurance per claim and in aggregate for losses relating to data loss or breach.

CONSEQUENCE OF NEGATIVE ACTION:

Disapproval of the recommendation will continue the status quo mainframe warrant management system, which is 30 years old, at a high risk of failure due to system obsolescence and lack of technical know-how to support the system, and is no longer supported by IBM. System failure would have serious consequences for the Superior Court, the Sheriff, and other local law enforcement agencies that are required to exercise and maintain evidence of due diligence in serving court warrants.

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