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HomeMy WebLinkAboutAgenda Report - December 2, 2020 C-18AGENDA ITEM COMIR CII'Y OF LORI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute the Cordicoshield Services Agreement for a Health and Wellness Application Subscription with Cordico Inc. of Gold River, CA ($20,000) MEETING DATE: December 2, 2020 PREPARED BY: Chief of Police RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute the Cordicoshield services agreement for a health and wellness application subscription with Cordico Inc. of Gold River, CA in the amount of $20,000, BACKGROUND INFORMATION: In 2019 the Lodi Police Department founded a wellness committee to generate ideas and objectives, and set wellness program goals to benefit the wellbeing of our sworn and non -sworn employees. The committee has worked hard to find health and wellness solutions that are specially designed for public safety, discrete, engaging, and easy to use. After substantial research, the committee found the CordicoShield application that met all of the needs and wants of the department. Law enforcement, dispatchers, and other public safety personnel are tasked with handling the most high- risk, urgent, and dangerous events in our communities on a daily basis, These brave men and women respond routinely to events that most people never experience firsthand including suicides, murders, horrific accident scenes, violence committed against children, sexual offenses, families torn apart by death, violent individuals, noncompliant suspects, and the constant potential for violence, injury, and risk to safety and security. In late 2018, a survey of 8,000 law enforcement officers across the United States revealed that officers nationwide overwhelmingly report that stress on the job has impacted their mental health. Furthermore, there is a stigma associated with seeking help in the first responder cultures, which creates a barrier to most seeking help and results in emotional and behavioral issues going unacknowledged and untreated, thus driving heightened risk for responders and the community. Compounding this issue is the fact that approximately 6 out of 10 first responders (law enforcement and fire) express dissatisfaction with existing wellness resources provided nationally. In summary, there exists a great opportunity to do a better job of caring for the wellness of those we trust to provide the most urgent, critical, and high-stakes support expected by our communities daily across the United States. Cordico is the world leader in wellness technology for high -stress professions, providing trusted, confidential, 24/7 proactive and preventative wellness support specially developed for law enforcement serving in the most demanding and critical roles. The CordicoShield app covers a list of topics that law enforcement sworn and non -sworn staff will benefit from including: Adopt Resolution Authorizing City Manager to Execute the Cordicoshield Services Agreement for a Health and Wellness Application Subscription with Cordico Inc. of Gold River, CA ($20,000) December 2, 2020 Page 2 Adverse Childhood Experiences Nutrition Alcohol Abuse Peak Performance Anger Management Peer Support Anxiety, Panic Attacks, and Wo" _ Physical Fitness Burnout Physical Th -rapist Videos Compassion Fati ue Posttraumatic Stress COVID-19 Resources Psychological First Aid De ression Relationship Success Emotional Health Retirement: Gettin2 Prepared Emotional Survival Self -Care Checklists Financial Fitness Sleep Optimization Grief and Loss Stress Management Healthy Habits Stress Response Heart Health Substance Abuse Idury Prevention Suicide Prevention Intrusive Traumatic Images: CTinq Strategies Supportino Children Who Fear for Your Safety Major Life Events Therapist Finder Marriage Guidance Work -Life Balance After approval from council, Cordico in partnership with the wellness committee members will develop a customized mobile wellness application that is branded for the Lodi Police Department. The application will be accessed by the officers via their work phones and/or personal phones (if the employee chooses). The subscription is for one year and the committee will evaluate its usefulness throughout the year. After development the Lodi Police Department will set a date to present the application to council on a shirtsleeve agenda. Cordico has received sole -source status with regards to customized law enforcement applications. Cordico is the only company providing customized mobile wellness applications designed by an experienced police psychologist. The company also has patents pending on other proprietary software. FISCAL IMPACT: Funds for this purchase are available in the General Liability Fund. FUNDING AVAILABLE: General Liability Supplies and Services - $20,000 (66025000.72399) Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director Sierra Brucia Chief of Police Signature: Q � /(� Email: akeys@lodi.gov CORDICO INC. CORDICOSHIELD SERVICES AGREEMENT This CordicoShield Services Agreement ("Agreement") is by and between CORDICO INC (a Delaware Corporation) headquartered at 2377 Gold Meadow Way, Suite 100, Gold River, CA 95670 ("Cordico"), and the Lodi Police Department located within the State of California ("Subscriber"). This Agreement is effective as of the date of the last signature ("Effective Date"), subject to the Terms and Conditions attached hereto, and accepted by Cordico which are still in effect. 1. Software as a Service (SaaS). Cordico provides its customers a service as a SaaS model where the software is a mechanism to deliver our service. Cordico will provide the service as long as the subscriber is in good standing. 1.1. Software. Cordico will develop a customized mobile wellness app branded for the Lodi Police Department. Cordico will own the app and the underlying technology, and will provide the customized mobile wellness app to Lodi Police Department representatives within 120 days of the final execution of this Agreement, provided that the Lodi Police Department provides Cordico with the necessary image files, contact information, and additional input necessary to complete the app in a timely manner. The apps shall contain a variety of content and features, including, but not limited to, the following: 1.1.1. Lodi Police Department -Customized iPhone App 1.1.2. Lodi Police Department -Customized Android App 1.1.3. Confidential Access 1.1.4. Private Access I.I.S. Alcohol Abuse 1.1.6. Anger Management 1.1.7. Anxiety, Worry, and Panic 1.1.8. Behavioral Health Tools 1.1.9. Brain Health and Cognitive Strength 1.1.10. Chaplain Support (as applicable) 1.1.11. Compassion Fatigue 1.1.12. Critical Incidents 1.1.13. Depression 1.1.14. Emotional Health 1.1.15. Family Support 1.1.16. Financial Fitness 1.1.17. Grief and Loss 1.1.18. Healthy Habits 1.1.19. Injury Prevention 1.1.20. Internet Crimes Against Children (ICAC) Coping and Resiliency Strategies 1.1.21. Local Resources (as applicable) 1.1.22. Marriage Guidance Page 1 of 5 © 2020 CORDICO INC. All Rights Reserved. 1.2 1.1.23. Mental Toughness 1.1.24. Mindfulness 1.1.25. Moral Injury 1.1.26. New Hire: Keys to Wellness 1.1.27. Nutrition 1.1.28. Parenting Tips 1.1.29. Peak Performance 1.1.30. Peer Support (as applicable) 1.1.31. Physical Fitness 1.1.32. Posttraumatic Stress 1.1.33. Psychological First Aid 1.1.34. Push Notifications (optional) 1.1.35. Relationship Success 1.1.36. Resilience Development 1.1.37. Retirement: Getting Prepared 1.1.38. Self -Care Checklists 1.1.39. Sleep Optimization 1.1.40. Stress Management 1.1.41. Stress Response 1.1.42. Substance Abuse 1.1.43. Suicide Prevention 1.1.44. Supporting Children Who Fear for Your Safety 1.1.45. Therapist Finder with Geo -Location (as applicable) 1.1.46. Trauma 1.1.47. Wellness Self -Assessment Tools 1.1.48. Wellness + Technology Updates 1.1.49. Wellness Videos 1.1.50. Work -Life Balance Service. The services that Cordico offers are described as follows: 1.2.1. Hosting. Cordico will host the backend that delivers the content that is accessed in the app. Page 2 of b © 2020 CORDICO INC. All Rights Reserved. 1.2.2. Admin Portal. Cordico will host the web admin portal that allows the subscriber to control the content on the app as well as send out push notifications. 1.2.3. Technical Upgrades, As needed, Cordico will upgrade the app so that it meets the technical requirements for the iOS and Android Operating Systems. 1.2.4. Feature and Content Upgrades. Cordico will automatically update the app with new content and features as they are developed. 1.2.5. Support. Cordico will provide support as follows: (a) If a new Apple Developer Account is required for the organization, Cordico will provide guidance and cover any fees required to obtain such an account. (b) End User Support. Cordico will provide email and phone support for the subscriber's end users as they request changes to the app content. (c) Technical Support. Cordico will provide email and phone support for the subscriber's end users for any technical issues. (d) Training. Cordico will provide training through email, phone, or via web conferencing as needed. (e) Account Manager. Cordico will assign an account manager to the subscriber that will be a point of contact for all their support needs. 1.2.6. Deployment. Cordico will help subscriber deploy the CordicoShield solution as follows: (a) Installation Documents. Cordico will create a customized installation document that provides step-by-step instructions detailing how to install the !Phone and Android apps. (b) Training Presentation. Cordico will develop a customized training presentation that will allow the subscriber to train their end users on how to install and use their app. (c) Posters. Cordico will develop a customized poster that will help promote the app and provide instruction on how to install the app. 2. Compensation and Billing. Subscriber shall pay Cordico $20,000, invoiced when development of app begins, for the services outlined in Section 1, followed by an annual subscription fee of $20,000 per year, invoiced on an annual basis, beginning one year from the date of the initial invoice. Fees will be billed via invoice with payment due upon receipt. The annual subscription fee covers all costs related to the app including build, design, licensing, maintenance, and ongoing updates. Any costs related to therapist vetting, counseling or therapy services, critical incident debriefings, or other professional services are not included. 3. Intellectual Property. All content contained in Services deliverables, including but not limited to all object and source code, all data created, developed or reduced to practice, and all content underlying such Services that is not specifically provided by Subscriber (collectively "Cordico Content") is the proprietary intellectual property of Cordico and/or its suppliers or licensors. Subject to this Agreement and any other applicable agreement between Cordico and Subscriber. Subscriber is granted a non-exclusive and limited right to access and use the Services in accordance with this Agreement. In the event this Agreement is terminated or Subscriber ceases to be an active Cordico customer, Subscriber shall lose access to any hosted Services (e.g. online or app -based services) and to all Cordico Content, and shall discontinue all use of Cordico Content for any purpose at the time of termination. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any other rights or license to Cordico's confidential information, confidential materials, trade secrets or intellectual property rights, whether by estoppel, implication or otherwise. Cordico Services are protected to the maximum extent permitted by trademark, copyright, and patent laws. Subscriber may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Cordico Services. Page 3 of 5 © 2020 CORDICO INC, All Rights Reserved. 4. Term. The Term of this Agreement shall commence on the date this Agreement is signed by both parties and continue for one year, unless additional years (up to five years maximum) are paid for in advance in which case the Term will also include those additional prepaid years. The Term will automatically renew for an additional year at the end of each Term unless either party gives the other notice of non -renewal at least thirty (30) days before the end of the relevant Term ("Renewal Term"). The Subscriber will maintain the right to pay for up to five years in advance, in which case the Term will also include those additional prepaid years. 5. Independent Contractor. The parties acknowledge and agree that Cordico is an independent contractor and that the relationship between Cordico and Subscriber is not that of employee and employer. 6. No Warranty; Limited Liability. Cordico makes no warranty of any kind with respect to the services or software provided by it under this Agreement. In no event shall Cordico, or any of its officers, agents, members, managers, or employees, be liable to Subscriber for any indirect, special, incidental, or consequential damages (including without limitation lost profits and attorney's fees and costs of suit) of any kind. 7. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement, and it supersedes all prior agreements, understandings, negotiations, and proposals (whether written or oral) concerning the subject matter of this Agreement. 8. Amendment. This Agreement may not be amended except in a writing signed by both parties. 9. Severability. If any section of this Agreement is held to be invalid, the remaining sections of this Agreement will not be affected. 10. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, not including its choice of law rules. 11. Disputes; Choice of Forum. In the event of any dispute between the parties to this Agreement, the parties shall attempt in good faith to mediate and resolve the dispute without legal action. In the event the dispute cannot be resolved by mediation, any proceedings to enforce the terms of this Agreement or arising out of or related to the subject matter of this Agreement shall be commenced solely in the Superior Court for the County of Sacramento, or, if that court lacks jurisdiction over the subject matter of the litigation, in the United States District Court for the Eastern District of California. 12. Attorneys' Fees and Costs. The prevailing party in any suit or action to enforce the terms of this Agreement or arising from the subject matter of this Agreement shall recover its attorneys' fees and costs of suit. 13. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. 14. Software License. The Lodi Police Department Wellness App will be available for use to all Lodi Police Department personnel and additional specified individuals, as designated by the Lodi Police Department, as long as this agreement is in good standing. The Lodi Police Department Wellness App may not be shared or redistributed in any other manner, without express written permission from Cordico, and the Lodi Police Department Wellness App may not be decompiled, copied, reverse -engineered, or reconstructed in any manner whatsoever, without express written permission from Cordico. No license to any intellectual property is provided of implied by this Agreement. Cordico retains permission to download, modify, improve, utilize and install updates to the Lodi Police Department Wellness App. CORDICO INC. Billing Information: Subscriber Billing Information: Contact Name: Kevin Dacy Contact Name: Jennelle Baker Email: info@cordico.com Email: jbakera@lodi.gov Address: 2377 Gold Meadow Way Suite 100 Gold River, CA 95670 Address: 215 W. Elm Street Lodi, CA 95240 Phone/Fax: (844) 267-3426 Phone: (209) 333-6722 CORDICO INC. FEIN Tax ID: 82-4323038 Fax: (209) 333-6875 Page 4 of 5 © 2020 CORDICO INC. All Rights Reserved. IN WITNESS WHEREOF, Cordico and Subscriber have caused this Agreement to be entered into by their duly authorized representatives as of the Effective Date. AUTHORIZED SIGNATORY FOR CORDICO INC.: SIGNATURE: DATE David Black, Ph.D. President CORDICO INC. AUTHORIZED SIGNATORY FOR SUBSCRIBER: SIGNATURE: DATE Printed Name: Stephen Schwabauer Title: City Manager Organization: City of Lodi Approved ae to Form: JANICE D. MAGDICH City Attomey ZY�-, Page 5 of 5 © 2020 CORDICO INC. All Rights Reserved. r r 7'COREDIC0, November 4, 2020 Lodi Police Department 215 W Elm Street Lodi, CA 95240 To Whom It May Concern: The purpose of this letter is to provide justification for CORDICO receiving "sole -source" status with regard to the Customized Law Enforcement Wellness Apps. CORDICO is the only company providing customized mobile wellness apps for law enforcement agencies nationwide designed by an experienced police psychologist. The CORDICO apps are patent pending and our intellectual property is also protected under federal USPTO registered trademark and copyright laws. CORDICO is the only company providing customized mobile wellness apps which include CrisisAlert® technology, AudioCastTM technology, vetted law enforcement therapist finders with geo-location technology, HIPAA-encrypted teletherapy portal access, and Law Enforcement Wellness Toolkit content including mindfulness training by Chief Jennifer Tejada, a summary of Dr. Kevin Gilmartin's Emotional Survival for Law Enforcement, and over 40 Law Enforcement Wellness Modules including Alcohol Abuse, Anger Management, Anxiety, Panic Attacks, and Worry, Behavioral Health Tools, Brain Health, Cognitive Strength, Chaplain Support, Compassion Fatigue, Critical Incidents, Depression, Emotional Health, Family Support, Financial Fitness for Law Enforcement, Goal -Setting and Achievement, Grief and Loss, Healthy Habits, Injury Prevention, Local Resources for Law Enforcement, Major Life Events, Marriage Guidance, Mental Toughness, Mindfulness for Law Enforcement, Moral Injury, Law Enforcement New Hire: Keys to Wellness, Nutrition for Law Enforcement, Parenting Tips for Law Enforcement, Peak Performance, Peer Support, Physical Fitness for Law Enforcement, Posttraumatic Stress (including PTSI and PTSD), Psychological First Aid, Relationship Success, Resilience Development, Law Enforcement Retirement: Getting Prepared, Law Enforcement Self -Care Checklists, Sleep Optimization for Law Enforcement, Stress Management, Stress Response, Substance Abuse, Suicide Prevention, Supporting Children Who Fear for Your Safety, Trauma, and Work -Life Balance. Please contact me with any questions or if I may be of assistance regarding this matter. Respectfully, 4--- . � '4�� -twjw David Black, Ph.D. CEO CORDICO 2377 Gold Meadow Way, Suite 100 Gold River, California 95670 david.black@cordico.com +1 844.CORDICO ext. 700 © 2020 Cordico. All Rights Reserved. Cordico is a registered trademark. I +1 844-CORDICO (1-844-267-3426) 1 www.cordico.com RESOLUTION NO. 2020-291 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE CORDICOSHIELD SERVICES AGREEMENT FOR A HEALTH AND WELLNESS APPLICATION SUBSCRIPTION WITH CORDICO, INC., OF GOLD RIVER WHEREAS, in 2019 the Lodi Police Department founded a wellness committee to generate ideas and objectives and to set wellness program goals to benefit the wellbeing of our sworn and non -sworn employees; and WHEREAS, the committee has worked hard to find health and wellness solutions that are specifically designed for public safety; and after substantial research, the committee found the Cordicoshield application that met all of the needs and wants of the department; and WHEREAS, staff recommends that the City Council authorize the City Manager to execute the Cordicoshield services agreement for a health and wellness application subscription with Cordico, Inc., of Gold River, in the amount of $20,000. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the Cordicoshield services agreement for a health and wellness application subscription with Cordico, Inc., of Gold River, California, in the amount of $20,000; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: December 2, 2020 I hereby certify that Resolution No. 2020-291 was passed and adopted by the City Council of the City of Lodi in a regular meeting held December 2, 2020, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mounce ABSTAIN: COUNCIL MEMBERS: -- None JENNIFER CUSMIR City Clerk 2020-291