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HomeMy WebLinkAboutItem 07 - Police CAD/RMS Software ChangePolice CAD/RMS Software Change Sam Houston State University CRIMES Public Safety Software Southlake and Keller have expressed an interest and are waiting to see if Grapevine commits to it. The reason for this interest is that SHSU has agreed to purchase and install a regional server if Grapevine commits to the program. This will allow all cities on the system the ability to access the records of other member cities. This will be a valuable tool for investigators and patrol officers alike. All agencies will be able to share data on crime trends and criminals. This information sharing between neighboring agencies can only enhance the ability to fight and solve crime. This regional server will be included in the system at no cost. Other software packages offer the same opportunity to share data between agencies but it would cost the affected agencies several thousand dollars to purchase the software. The regional server will also benefit the Fire Departments who utilize the CRIMES system. Agencies will be able to see each other's CAD screens, immediately showing each other what apparatus they might have available to be dispatched in a mutual aid request. With these same agencies already sharing a radio system, this move would greatly enhance our interoperability capabilities and put Northeast Tarrant County years ahead of other areas in terms of data and communication sharing. The CRIMES system has been tested by the Police Department and was found to be much more user friendly than the current system. Additionally, the programmers from SHSU were very eager to adapt the system to fit our needs and have been very responsive to any requests made by staff. According to the Euless and Colleyville Police Departments they too have found the programmers to be very receptive to any adjustments that were needed for their respective agencies. Staff recommends approval. March 15, 2006 (11:09AM) This agreement, together with all Appendices hereto, is entered into by and between: Sam Houston State University City of Grapevine Huntsville, Texas Grapevine Police Department (LICENSOR) (LICENSEE) 1.0 DEFINITIONS: 1.1 "CRIMES LAW ENFORCEMENT MODULE" refers to the software program or programs and related materials described in Appendix A, together with all documentation, copies, whether complete or partial, notes, memoranda, and all other materials and information supplied by LICENSOR. 1.2 "LICENSOR" refers to the entity listed above and its duly authorized agents, employees, attorneys, and representatives. 1.3 "LICENSEE" refers to the entity listed above and all agents, employees, attorneys, representatives, and persons acting on behalf of or under the control or supervision of same. 1.4 "Upgrade" or "new release" designates a significant change in the system or methodology of CRIMES LAW ENFORCEMENT MODULE and is considered a major change of same. 1.5 An "enhancement" is an addition to the basic program which corrects a deficiency or problem or provides additional reports to management or otherwise provides some additional function, which is not a major change. 1.6 The "Primary Contact" shall be one person designated by LICENSEE to act for LICENSEE in connection with instructions, questions, requests, enhancements, upgrades, new releases, telephone calls and correspondence related to CRIMES LAW ENFORCEMENT MODULE and shall be the person with primary responsibility for contact with LICENSOR. This is to avoid several different people giving conflicting or confusing requests or information to LICENSOR. The Primary Contact shall be listed on Appendix A. 2.0 GRANTS: 2.1 LICENSOR grants to LICENSEE a non-exclusive and non -transferable license to use the CRIMES LAW ENFORCEMENT MODULE, as set forth herein. 2.2 The license granted herein is limited to use of CRIMES LAW ENFORCEMENT MODULE on the computer systems and at the location or locations specified in Appendix A; provided that if an office location is moved after installation of CRIMES LAW ENFORCEMENT MODULE, then CRIMES LAW ENFORCEMENT MODULE may be used at the new location in accordance with the terms of this agreement. 2.3 The license granted herein shall not be assigned, sublicensed, or transferred, except in accordance with this agreement. 2.4 LICENSEE also agrees to allow the demonstration of CRIMES LAW ENFORCEMENT MODULE by LICENSOR at LICENSEE's premises to others upon reasonable notice and LICENSEE's approval. 3.0- TERM & TERMINATION: 3.1 Upon acceptance and execution by LICENSOR, this Agreement will become binding and effective for an initial term of twelve (12) months from the date established below. 3.2 The LICENSEE may renew the Agreement for additional one-year terms by giving advance written notice to the LICENSOR at least forty-five (45) days prior to the expiration date of its intent to renew the Agreement for an additional term. 3.3 LICENSOR may terminate this Agreement if: a. LICENSEE fails to timely make any payment due; b. LICENSEE breaches any of the terms hereof or fails to perform any obligation hereunder and such breach or failure is not cured within ten days of notice of such breach. c. The LICENSEE shall have the right to terminate this Agreement upon thirty (30) days', notice to the LICENSOR upon breach by or default of the LICENSOR. A breach or default shall be deemed to have occurred if the LICENSOR fails to comply with a term, condition or obligation of this Agreement; provided, however, that LICENSOR shall have ten (10) days within receipt of written notice of the breach to cure the default. CRIMES LAW ENFORCEMENT SOFTWARE 3.4 Upon termination for any reason, no refund shall be due. LICENSEE shall not be relieved of any obligations previously incurred or accepted, including the obligation to make any outstanding payments. 3.5 Termination of this Agreement does not relieve LICENSEE of its obligations and duties relating to non -disclosure as established under Section 11.0 hereof. 3.6 Upon termination of this Agreement, LICENSOR will make reasonable efforts to assist LICENSEE in the conversion of LICENSEE's data contained in the CRIMES LAW ENFORCEMENT MODULE to another police information system. 3.7 LICENSOR shall take reasonable steps to assure security and emergency availability of the source code. In the event the LICENSOR for any reason is unable to continue support of the CRIMES software, all source codes will be provided to the LICENSEE at no additional cost. 4.0 FEES & PAYMENT: 4.1 The license fee for CRIMES LAW ENFORCEMENT MODULE shall be that set forth on Appendix A. 4.2 All third party hardware and software purchased or obtained through LICENSOR shall be in addition to the license fee for CRIMES LAW ENFORCEMENT MODULE and in accordance with invoices and/or written quotations from LICENSOR to LICENSEE. 4.3 The fees are payable as set forth in Appendix A. 4.4 Subsequent versions of CRIMES LAW ENFORCEMENT MODULE will be provided to LICENSEE at no additional cost. 4.5 LICENSOR will submit an invoice to LICENSEE upon completion of installation. 5.0 INSTALLATION & TESTING: 5.1 LICENSOR will deliver and install CRIMES LAW ENFORCEMENT MODULE and such equipment and third party software obtained through LICENSOR as soon as practical, depending on the delivery of such hardware and other software. 5.2 Under no circumstances shall LICENSOR be responsible for any delays in connection with hardware or software other than CRIMES LAW ENFORCEMENT MODULE. 5.3 Installation shall include loading of CRIMES LAW ENFORCEMENT MODULE and any third party software obtained through LICENSOR onto the server unit assigned to LICENSEE and setting up all third party hardware obtained through LICENSOR. 5.4 Installation does not include data entry, except for test data. 5.5 LICENSOR will also test CRIMES LAW ENFORCEMENT MODULE on LICENSEE's equipment to make sure CRIMES LAW ENFORCEMENT MODULE is operational. 5.6 LICENSOR will also demonstrate the use of CRIMES LAW ENFORCEMENT MODULE using test data. 6.0 TRAINING: 6.1 Training in the use of CRIMES LAW ENFORCEMENT MODULE shall be offered approximately once per quarter at the Criminal Justice Center, Sam Houston State University, Huntsville, Texas. In lieu of training in Huntsville, on site training may be offered at the LICENSOR'S discretion. 6.2 LICENSEE shall be entitled to send one employee per six (6) server ports to training annually. Requests for training of additional personnel shall be granted on a space available basis within the sole discretion of the LICENSOR. 6.3 LICENSEE shall be responsible for all incidental training costs of its personnel including, but not limited to, transportation, lodging, and food. 6.4 LICENSOR shall be responsible only for the costs of direct delivery of the training and shall have no liability for any incidental training costs. 6.5 LICENSOR shall use reasonable efforts to reserve lodging space at the University Hotel, Huntsville, Texas, or comparable establishment, for LICENSEE'S personnel during the training period. 6.6 LICENSOR reserves the right to cancel any scheduled training session if less than five (5) individuals have reserved positions within one week of the date of the training. LICENSOR shall not be liable for any costs to LICENSEE for such cancellation. 7.0 SOFTWARE MAINTENANCE & SERVICE: 7.1 Software maintenance and service will be provided for the fee set forth in Appendix A. 7.2 Software maintenance and service includes the following services: a. Periodic monitoring of network over telephone via modem; b. Correction of all verifiable bugs or defects in CRIMES LAW ENFORCEMENT MODULE; CRIMES LAW ENFORCEMENT SOFTWARE c. Providing LICENSEE with enhancements after field testing; d. Providing LICENSEE with upgrades and new releases as available, including documentation; e. Answering routine questions regarding use or operation of CRIMES LAW ENFORCEMENT MODULE from 8:00 a.m. to 5:00 p.m. central time; f. 24 hour emergency telephone hotline; 7.3 The frequency of monitoring shall be determined by LICENSOR. 7.4 LICENSEE shall promptly notify LICENSOR of any apparent problems with CRIMES LAW ENFORCEMENT MODULE. 7.5 Maintenance does not include correction of user errors, but such custom assistance may be available at regular hourly rates. 8.0 CONVERSION: 8.1 LICENSOR will assist LICENSEE in planning a schedule of activities and/or checklist for the conversion process from LICENSEE's current system to CRIMES LAW ENFORCEMENT MODULE. 8.2 Actual conversion, including transferring data from prior systems, modifying such data if necessary, and interpreting same, as well as all other aspects of the conversion process, is the responsibility of the LICENSEE. 8.3 LICENSOR may assist LICENSEE in the actual conversion of data at LICENSOR's regular hourly rates. 8.4 CRIMES LAW ENFORCEMENT MODULE is designed to allow LICENSEE to manually enter data into the system by having LICENSEE's personnel type in the data after CRIMES LAW ENFORCEMENT MODULE is installed. 8.5 If LICENSEE's data is already contained in a form and structure compatible with the data structure of CRIMES LAW ENFORCEMENT MODULE, it may be possible for LICENSOR to write a program to assist in the transfer of LICENSEE's previous data. If such is done, the program, including the copyright thereto, will remain the property of LICENSOR. 8.6 Standard conversion includes the transfer only of the types of data listed in Appendix A. It is acknowledged that adding and/or transferring other data which may be in LICENSEE's prior system is considered customization work, which will be at additional cost and which will take additional time. Such work is governed by the Additional Services provisions herein. 8.7 Interpretation of LICENSEE's data and modification, if necessary, into a form consistent with CRIMES LAW ENFORCEMENT MODULE's data structure is LICENSEE's responsibility, although LICENSOR will assist LICENSEE at LICENSOR's regular hourly rates. 8.8 It is acknowledged that not all information in LICENSEE's old system may be transferable to CRIMES LAW ENFORCEMENT MODULE and the interface, if it can be done, will apply only to compatible items. 9.0 ADDITIONAL SERVICES: 9.1 LICENSOR may provide additional services such as assistance in choosing equipment or software, purchasing third party equipment and software, training, conversion, customization of screens, interfacing CRIMES LAW ENFORCEMENT MODULE with LICENSEE's payroll and/or billing programs or other programs, consultations, and similar functions for an additional fee. 9.2 LICENSOR is under no obligation to render such additional services and any agreement for same will be separate from and in addition to this agreement at LICENSOR's regular hourly rates plus expenses, unless prior agreement has been made in writing. 9.3 Payment for additional services shall be due within thirty days of receipt of invoice. 9.4 LICENSOR will also advise LICENSEE promptly of new offerings from LICENSOR which might be of assistance to LICENSEE in the use of CRIMES LAW ENFORCEMENT MODULE at LICENSOR's then current prices. 10.0 WARRANTIES AND DISCLAIMER: 10.1 LICENSOR warrants that it has the right to enter into this agreement and owns such rights to CRIMES LAW ENFORCEMENT MODULE as are necessary to grant this license. 10.2 LICENSOR further warrants that CRIMES LAW ENFORCEMENT MODULE does not infringe upon the valid copyright or other rights of others and will indemnify and hold LICENSEE harmless from and against all claims of infringement so long as LICENSEE utilizes CRIMES LAW ENFORCEMENT MODULE in accordance with this agreement and adheres to the terms hereof regarding such utilization. 10.3 LICENSOR further warrants that the CRIMES LAW ENFORCEMENT MODULE will perform as set forth in Appendix A. 10.4 To the extent that LICENSOR supplies LICENSEE with third -party products, whether hardware, software or other supplies, LICENSOR make NO WARRANTY WHATSOEVER regarding such third -party products and CRIMES LAW ENFORCEMENT SOFTWARE 4 LICENSEE shall rely solely on the manufacturer's warranty and LICENSEE's sole recourse will be against such manufacturer. 10.5 LICENSOR does warrant that CRIMES LAW ENFORCEMENT MODULE will work as set forth in Appendix A and the specifications with other products obtained through LICENSOR for use with CRIMES LAW ENFORCEMENT MODULE. 10.6 EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, LICENSOR MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. CRIMES LAW ENFORCEMENT MODULE IS LICENSED AS IS AND WHERE IS AND THE WARRANTIES LISTED ABOVE ARE IN LIEU OF ANY AND ALL OBLIGATIONS OF LICENSOR FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR ATTEMPTED USE OF CRIMES LAW ENFORCEMENT MODULE. LICENSOR'S LIABILITY SHALL NOT, UNDER ANY CIRCUMSTANCES, EXCEED THE CHARGES ACTUALLY PAID BY LICENSEE TO LICENSOR HEREUNDER FOR THE LICENSE OF CRIMES LAW ENFORCEMENT MODULE. 10.7 Under no circumstances shall LICENSOR be responsible for user error, including but not limited to, erroneous data input, misuse of CRIMES LAW ENFORCEMENT MODULE, incorrect interpretation of data or missing data. 11.0 NON -DISCLOSURE OF PROPRIETARY INFORMATION: 11.1 CRIMES LAW ENFORCEMENT MODULE, and all information and materials related thereto supplied by LICENSOR constitute proprietary information and trade secrets of LICENSOR. 11.2 LICENSEE shall use LICENSEE's best efforts to insure the confidentiality of CRIMES LAW ENFORCEMENT MODULE, and all related materials and information supplied by LICENSOR. 11.3 LICENSEE warrants that LICENSEE will not disclose, use, modify, copy, or reproduce CRIMES LAW ENFORCEMENT MODULE, or any of the information or materials supplied by LICENSOR except in accordance with this agreement or after first obtaining the written permission of LICENSOR. 11.4 LICENSEE specifically agrees to use its best effort to prevent its employees, agents, attorneys and representatives from disclosing such proprietary information. 11.5 LICENSOR shall use LICENSOR's best efforts to insure the confidentiality of LICENSEE's data, systems, procedures and all other matters and information designated by LICENSEE as confidential. 11.6 LICENSOR specifically agrees to use its best efforts to prevent its employees, agents, attorneys and representatives from disclosing such confidential information and shall hold LICENSEE harmless in the event of any disclosure by said persons. 11.7 The non -disclosure provisions of this section shall continue beyond the term of the contract and shall be binding and enforceable even after termination of this agreement. 12.0 FORCE MAJEURE: 12.1 LICENSOR shall not be responsible for any failure to perform hereunder which is caused by Acts of God or any other circumstances beyond the control of LICENSOR. 12.2 The parties hereto recognize that CRIMES LAW ENFORCEMENT MODULE represents a sophisticated software system and that it is impossible to test every possible combination of circumstances and situations. In the event a significant software problem or bug is discovered, LICENSOR will use its best efforts to correct such, but cannot guarantee either a solution or a time frame within which such bug will be eliminated. 12.3 Under no circumstances shall LICENSOR be responsible for any injury or damage due to any delay in delivery or performance. 13.0 MISCELLANEOUS: 13.1 The provisions of this agreement shall be severable and if one or more provisions should be declared invalid, the remaining provisions shall remain in full force and effect; provided that should any provisions regarding the non- disclosure of proprietary information be deemed invalid, then the parties hereto agree to enter into such other agreement as will validly afford, to the greatest extent possible, the protection intended by those sections. 13.2 Any failure or delay in the execution of any right herein shall not constitute a waiver thereof, nor shall any such delay or waiver of a particular default or right operate as a waiver of any other rights. 13.3 It is specifically agreed that the breach of this agreement, and in particular the sections concerning non -disclosure of proprietary information, will result in irreparable injury and the party who claims such a breach shall be entitled to specific performance and injunctive relief to correct and enjoin such breach in addition to all other remedies which might be available. CRIMES LAW ENFORCEMENT SOFTWARE 13.4 This Agreement shall be construed according to the laws of the State of Texas and all actions, regardless of the nature of such, to enforce this Agreement or for the breach of same shall be brought within two (2) years from the occurrence of the grounds for such action and venue shall be set in either state or federal court in Austin, Texas. 13.5 This agreement is an interlocal contract entered into under the provisions of Chapter 791 of the Texas Local Government Code. Each party will pay for its performance under this agreement from current revenues available to it. 13.6 This agreement represents the entire agreement between the parties and supersedes any and all prior agreements and understandings, and shall not be modified except in writing, signed by both parties. 13.7 The LICENSOR recognizes that any agreements contained herein are subject to the provisions of the Public Information Act (Chapter 552 of the Government Code). LICENSEE: B: SAM H ON STYE NIVERSITY Date: a "s 2 7 � a Date: CITY OF GRAPEVINE CRIMES LAW ENFORCEMENT SOFTWARE 6 ) APPENDIX A License Fee and Pavment Subject to other provisions of this agreement, the total fee for software modules, maintenance, and related services under this agreement shall be as follows: Core System Annual Fee: $36,000.00 Optional Mobile Component Fee: 9,000.00 Annual Renewal Date: October 1 All fees shall be payable within thirty (30) days of implementation of the service. Such fee is premised upon a city of Grapevine population of 42,059. LICENSOR reserves the right to modify the amount of the fee effective the anniversary of the agreement implementation date. Provided, however, that if the LICENSEE affirmatively declares that it is an undue inconvenience to adjust the fee at such date, the adjustment will be deferred, without retroactivity, to the beginning of the licensee's next fiscal year. LICENSOR shall give LICENSEE written notice of any fee modification a minimum of 90 days prior to its implementation date. CRIMES Application Modules 1. Computer Aided Dispatch (CAD) — Provides a computerized format for comprehensive management of the communications function for Police, Fire, and EMS. Interfaces with 911 systems, MDT/MDC systems, automated TLETS and local warrants checks, and location hazard warnings. Automatic time stamping of call response, records activity and status of all active emergency response units, and recommends units to be dispatched to specific calls -for - service and locations. 2. Master Name File — Provides a single file containing all persons and organizations entered into CRIMES, which is linked to all data entry modules. This enables a search of the entire CRIMES database for any name or partial name recorded, regardless of their role in an incident. 3. Incident Reporting — Provides a means to enter initial or supplemental incident reports along with data already entered through CAD. Also launches MS Word® to provide word processing capabilities for the narrative portion of the incident report. Accepts digital photos. 4. Mobile In -Car Laptop or MDT Interface — Provides full workstation functionality to patrol vehicle "MDT/MDC" workstations and enables data communications with the patrol units. 5. GIS Capability — Provides Communications Center and in -car GIS display using ArcView®; GIS analysis capability. 6. Field Reporting — Allows officers to complete reports in the field and transmit them to the Incident Module for supervisor approval. 7. Local Warrants — Maintains local records on arrest warrant and enables officers to quickly check subjects contacted in the field for local warrants. 8. Field Interview — Provides a means of recording information on subjects encountered in the field that are not arrested or cited for any violation. 9. Jail Management — Provides a powerful tool for managing county jail and city lockup facilities and includes links to the Master Name Module. This includes the booking of prisoners and maintaining a record of each prisoner's property, location, activity, and status. Includes digital photo storage and photo line-up. 10. Property Room — Maintains a record of all property submitted to the agency property room for storage and/or final disposition and is specifically designed to enhance the maintenance of chain -of -custody information for evidence. It is also bar code capable. CRIMES LAW ENFORCEMENT SOFTWARE 11. Citations — Records all information regarding the violation being cited, the location of the offense, vehicle description, and the violator information. Interfaces with automated citation programs such as AutoCite@. 12. ST3 (Accidents) — Provides for the preparation and printout of the standard DPS accident report within the CRIMES database. 13. Pawnshop — Maintains a record of all items being pawned within the jurisdiction to include the identification of the individuals pawning the items. 14. Advanced Search — Provides the ability to locate all cases that match any combination of criteria. 15. Investigations Case Management — Provides the means to insure that each reported criminal case is tracted. This uses solvability factors to aid in assigning priority status and identifies case investigators along with tracking case progress. 16. UCR Reports — Generates the required UCR reports which must be submitted monthly to DPS. 17. SB1074 — Generated automatically from Field Interview and Citation Modules, produces the necessary report to the governing body as mandated by Senate Bill 1074 regarding the issue of racial profiling. 18. Alarm Permits and Billing — Provides a separate database for recording alarm permit information and interfaces with CRIMES database to identify excessive alarms and permit violations for the automated generation of violation invoices. 19. Operational and Management Reports — Generates a set of reports within CRIMES to aid supervisors and administration in operational and management decision making. 20. Activity Trend Reports — Retrieves UCR index crime information and Call -for -Service data from the CRIMES database and generates graphical displays representing activity trends which are automatically included in a fully customizable PowerPoint presentation. 21. Expunge — Removes the name of an individual from criminal records in accordance with the standard expungement court order. Equipment and Associated Software Licenses LICENSEE is responsible for provision of computer server unit, switches, cabling, and workstations compatible with Windows 2003® or later, Microsoft SQL Server@ 2000 or later, and Microsoft Office& LICENSEE will provide all software licenses necessary for operation, including Microsoft Windows 2003@ or later, Microsoft SQL Server@ 2000 or later, Windows XP Workstation@ or later, and Microsoft Office@. Primary Contact The primary contact shall be: LICENSOR: Director: Larry T. Hoover, Ph.D. (936)294-1636 Police Research Center -Box 2296 Sam Houston State University Huntsville TX 77341-2296 larryhooVCT@shsu.edu LICENSEE: Title & Name Phone: Address: email: