REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
January 23, 2024
FROM
JOSHUA DUGAS, Director, Department of Public Health
SUBJECT
Title
Agreement with VOX Network Solutions for Telstrat Telephone Quality Assurance Recording Services System Maintenance Services
End
RECOMMENDATION(S)
Recommendation
Approve agreement with VOX Network Solutions, including non-standard terms, for Telstrat Telephone Quality Assurance Recording Services system maintenance services, in an amount not to exceed $10,040, for the period of November 13, 2023 through November 12, 2028.
(Presenter Joshua Dugas, Director, 387-9146)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Improve County Government Operations.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
This item will not result in the use of additional Discretionary General Funding (Net County Cost). The Department of Public Health (DPH), Animal Care (AC) division will fund the VOX Network Solutions (VOX) agreement for maintenance services with fee revenue and existing Net County Cost allocation. Adequate appropriation and revenue have been included in the DPH 2023-24 budget and will be included in future recommended budgets.
BACKGROUND INFORMATION
The VOX Telstrat Telephone Quality Assurance Recording Services (Telstrat) system allows for public incoming phone lines at the Devore Animal Shelter to be recorded. The recordings are analyzed to improve communication with the public regarding animals in the community, aiming to enhance customer service, and are saved on the server for six months.
The Innovation and Technology Department (ITD) implemented Telstrat for AC in 2012. Telstrat was selected as it efficiently integrated with the existing call center and could be easily tailored to support AC; it has also been used successfully by other departments within the County. In 2017, ITD delegated the Information Technology (IT) support to the DPH IT unit. The maintenance and technical support is provided by VOX.
The agreement with VOX includes terms that differ from the standard County contract terms. County Policy 11-05 requires departments to obtain the Board of Supervisor’s approval for the procurement of goods and services with non-standard terms and conditions. The non-standard and missing terms include the following:
1. VOX’s maximum liability to the County is limited to the amount paid under the agreement or VOX’s applicable insurances coverage caps, but does not exclude indemnification, gross negligence, willful misconduct or violation of law.
• The County standard contract does not include a limitation of liability.
• Potential Impact: Claims could exceed the liability cap and the agreement amount leaving the County financially liable for the excess.
2. The County is required to indemnify VOX against third party claims of intentional or negligent acts or omissions by the County.
• The County standard contract does not include any indemnification or defense by the County of a Contractor.
• Potential Impact: By agreeing to indemnify VOX, the County could be contractually waiving the protection of sovereign immunity. Claims that may otherwise be barred against the County, time limited, or expense limited could be brought against VOX without such limitations and the County would be responsible to defend and reimburse VOX for costs, expenses, and damages, which could exceed the total agreement amount.
3. The agreement does not require VOX to meet the County’s insurance standards as required pursuant to County Policy 11-07.
• The County Policy requires contractors to carry appropriate insurance at limits and under conditions determined by the County’s Risk Management Department and set forth in the County standard contract.
• Potential Impact: The agreement does not include County standard insurance requirements. This means that the County has no assurance that VOX will be financially responsible for claims that may arise from the County’s use of the software, which could result in expenses to the County that exceed the total agreement amount.
DPH recommends approval of the agreement with VOX, including the non-standard terms, as Telstrat is the current system which has proved to be successful and provides a service that keeps AC in continuous contact with the community.
The DPH Information and Technology (IT) unit has been effectively managing and supporting the maintenance program internally, however a service contract is needed to provide ongoing support that extends beyond DPH’s current internal capacity. This item is being presented at this time as this is the first available date following the required operational, fiscal, and legal reviews. Approval at this time will not impact DPH’s services or activities.
PROCUREMENT
DPH conducted an informal solicitation and obtained three bids for this service as per purchasing guidelines and found VOX to be the lowest, most cost effective and appropriate choice for San Bernardino County. The Purchasing Department approves the agreement for the maintenance services for Telstrat.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Adam Ebright, Deputy County Counsel, 387-5455) on November 1, 2023; Purchasing (Jessica Barajas, Supervising Buyer, 387-2065) on November 8, 2023; Risk Management (Victor Tordesillas, Director, 386-8623) on November 8, 2023; Finance (Iliana Rodriguez, Administrative Analyst, 387-4205) on January 4, 2024; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on January 4, 2024.