REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
June 27, 2023
FROM
SHANNON D. DICUS, Sheriff/Coroner/Public Administrator
SUBJECT
Title
Contract with Performa Labs, Inc. for Software Licenses, Maintenance, and Support Services
End
RECOMMENDATION(S)
Recommendation
Approve contract with Performa Labs, Inc. for software licenses, maintenance and support services, including non-standard terms, for the Use of Force and De-escalation Training software application, in an amount not to exceed $1,600,000, for the period of June 28, 2023, through June 30, 2025.
(Presenter: Ernie Perez, Deputy Chief, 387-3760)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The costs for the Use of Force and De-escalation Training (Training) software application services in the amount of $1,600,000 will be funded with the allocation provided to the Sheriff/Coroner/Public Administrator (Department), by the State of California Senate Bill 154 (SB 154). Sufficient appropriation and revenue is included in the Department’s 2023-24 recommended budget (4438001000) and will be included in future recommended budgets, if necessary.
BACKGROUND INFORMATION
The Department’s Training Division provides essential law enforcement training to thousands of deputies and officers throughout the State each year. Certified by Peace Officer Standards and Training (POST), and accredited by San Bernardino Valley College, the Department’s Basic and Modular Academy programs graduate approximately 300 students each year, and emphasize discipline, stress management, and real-world scenarios to develop well-rounded officers who are prepared to handle the challenges of a law enforcement career.
On April 25, 2023 (Item No. 65), the Board of Supervisors (Board) approved the acceptance of a $2,000,000 allocation from the State of California SB 154, through the Board of State and Community Corrections (BSCC), for the Department’s Training pilot program. The BSCC specified that any equipment or technology purchased with the funding must be utilized in the implementation of the Training pilot program. The Training and training curricula, which utilizes bodycam footage as part of the training, or training which utilizes a mobile platform, was to be prioritized.
Approval of this item will provide the Department’s Training Division with a mobile platform option to provide the Training to law enforcement personnel through June 30, 2025, decreasing the time and cost of training, and increasing efficiency. In conjunction with other current in-person training programs, the Department’s law enforcement officers will be able to complete self-led, POST certified training courses in an electronic mobile device, which incorporate real-life training scenarios utilizing actual body worn camera video footage.
The Software as a Service (SaaS) contract, is Performa Labs, Inc.’s (Performa) standard commercial contract, which includes the following terms that differ from the standard County contract:
1. Performa limits its liability to an aggregate amount equal to two times the actual amount paid to Performa by the Department in the 12 months preceding the accrual of the cause of action that gives rise to the claim.
• The County standard contract does not permit the contractor to limit its liability in the performance of a contract.
• Potential Impact: The Department could potentially not recover all damages incurred during the contract period.
2. The SaaS contract requires mutual indemnification between the County and Performa for any claims or expenses, including reasonable attorney fees, incurred by Performa arising out of the Department’s use and/or violation of use of the service, software, or application.
• The County standard contract requires the contractor to indemnify the County in accordance with County Policy 11-07.
• Potential Impact: The County may have immunities that may not apply to a private entity, so the County’s risk exposure is broader.
While these are notable exceptions to the County’s standard contract language, the Department recommends approval of the SaaS contract, including non-standard terms, for the provision of the Training software and support services. County Counsel and Risk Management have reviewed and provided input on the proposed SaaS contract with Performa.
PROCUREMENT
Performa holds proprietary rights to the POST certified Training mobile application and support services and is the single-source provider for the features and capabilities of the application.
County Policy 11-04 Procurement of Goods, Supplies, Equipment and Services requires departments to obtain Board approval for the non-competitive procurement of goods and services over $200,000. Additionally, County Policy 11-05 requires departments to obtain Board approval for the procurement of goods and services with non-standard terms and conditions.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Richard D. Luczak, Deputy County Counsel, 387-5455) on June 1, 2023; Purchasing (Michael Candelaria, Lead Buyer, 387-0321) on June 2, 2023; Risk Management (Victor Tordesillas, Director, 396-8621) on May 31, 2023; Finance (Erika Rodarte, Administrative Analyst, 387-4919) on June 9, 2023; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on June 11, 2023.