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HomeMy WebLinkAbout2002-10-21 City CouncilTO: City of Palo Alto City Nla ager’s Report HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: POLICE DATE: SUBJECT: OCTOBER 21, 2002 CMR: 379:02 APPROVAL OF A BUDGET AMENDMENT ORDINANCE IN THE AMOUNT OF $276,435, TRANSFERRING $276,435 FROM THE CITIZENS FOR PUBLIC SAFETY (COPS) FUND INTO CIP 19913 POLICE RECORDS MANAGEMENT SYSTEMS PROJECT AND A CONTRACT BETWEEN THE CITY OF PALO ALTO AND PUBLIC SAFETY SYSTEMS, INC. IN AN AMOUNT NOT TO EXCEED $249,800 FOR SOFTWARE ENHANCEMENTS AND HARDWARE UPGRADE OF PUBLIC SAFETY COMPUTER SYSTEMS RECOMMENDATION Staff recommends that Council: 1) authorize a Budget Amendment Ordinance (BAO) reallocating $276,435 in Citizens for Public Safety (COPS) monies into Capital Improvement Project (CIP) 19913 - Police Records Management; and 2) authorize the City Manager to execute a contract with Public Safety Systems, Inc. (PSSI) in an amount not to exceed $249,800 for software enhancements and hardware upgrade of the Police Departments Computer Aided Dispatch (CAD) and Records Management systems. BACKGROUND In April 1999, the Police Department executed a contract with PSSI to purchase and implement an automated law enforcement Records Management System (RMS). As part of the FY 2000-01 budget process, Council approved $250,000 for CIP 19913 - Police Records Management and a contract agreement was issued to PSSI for Phase 1 of a multi-year phased RMS project. That contract was for the purchase and installation of the basic software application at a cost of $63,200. Phase 2 (implementation of essential features to the system), and Phase 3 CMR: 379:02 Page 1 of 5 (implementation of desired features integral to. the integration of internal and external law enforcement systems and databases) were anticipated but not included in the original agreement, because the complete scope of work for the final two phases had not yet been fully developed. The City did retain the right in the original contract to proceed with Phases 2 and 3 upon mutual agreement with PSSI on the scope of work, functionality requirements, design specifications and corresponding costs. In November 1999, the Police Department successfully began implementation of the law enforcement RMS base application as part of Phase 1 of CIP 19913. In Fiscal Years 1999-00, 2000-01, and 2001-02, the Police Department received allocations totaling $ 276,435 from the State of California COPS program for use in purchasing technology to enhance its public safety operations and to provide a foundation for sharing information with other law enforcement agencies as part of data integration!interoperability efforts. DISCUSSION Staff will work with PSSI to upgrade the hardware from the HP3000 equipment (hardware that is no longer available or being supported by Hewlett Packard) to a more industry-standard NT/Win2000 environment, an operating system consistent with other City operating systems. Transition to this new operating system is vital to ensure the public safety computer systems remain reliable and perform at optimum levels at all times. Although the software application is supported by PSSI under a proprietary software licensing agreement, the City’s Information Technology (IT) staff has responsibility for the hardware maintenance and archiving and storage requirements. By moving to this new environment, and by purchasing hardware that can be fully supported, the administrative responsibilities for the systems will be greatly streamlined. This type of operating system was originally defined in the specifications for the relatively new CAD system; however, the vendor has only recently achieved the reliability and speed requirements necessary in a public safety environment for an agency of the City’s size. Staff has worked closely with PSSI to make improvements and modifications that would maximize the overall efficiency of both the CAD and RMS systems. As experienced users of these applications, staff now has the technical and operational expertise to determine what changes are required to optimize the efficiency of these systems. As an off-the-shelf product, modifications made to the system must benefit all public safety agencies using PSSI’s CAD and/or RMS systems. Although the software does make some provision for custom enhancements, staff has decided to limit those customizations to only those that are critical to emergency operations such as communication with local law enforcement CMR: 379:02 Page 2 of 5 databases. By doing this, the City avoids the high cost associated with upgrading the system and can take advantage of new innovations or refinements to the original software without incurring the cost of redoing all the programmir~g. With this approach, the valuable life of these critical public safety systems can be significantly extended. The Police Department anticipates retaining both the CAD and RMS systems well beyond the otherwise traditional replacement life of computer technology, approximately three to five years. Since implementation of the RMS system, staff has spent a considerable amount of time validating the data in the system (as data from an old records management system was converted to this new system), bringing other modules for the base application online, changing business practices and developing internal policies for assist its employees in more effectively using the system and leveraging all aspects of the technology. The benefits from a phased approach to bringing these modules onlinehave been significant. Of particular note was the implementation of the False Alarm module for RMS, a module brought online to support the new ordinance adopted by Council ~for charging responsible parties for multiple false alarm calls necessitating a police response. By taldng advantage of this new module, the Department was able to fully automate the processes associated with tracking these alarms. Other noteworthy additions include the automation of the demographic data collection efforts, an internal tracking system for known criminal offenders (sexual assault and drug registrants) and enhancements to the crime data reporting and crime trending tools for analyzing police activity. The Department can now publish data on the website, display trends on maps and perform a multitude of other tasks that improve the overall efficiency of the organization and help to ensure the safety of the public and public safety personnel. Scope of Work The hardware/operating systems upgrade and enhancements to the software are being implemented in a phased approach to minimize the impact on users and to ensure the systems reliability is maintained. The individual tasks and responsibilities for each of the Phase 2 objectives of the CAD and RMS projects have been detailed in Exhibit A of the contract. These changes include an operating system upgrade (as defined earlier in this report); the acquisition of new modules that were not available when the base system was purchased; modifications to existing modules to effectively streamline internal operations and improve the overall efficiency of the system; and the development of robust interfaces between Police RMS system and the public safety CAD system and the Fire Department’s SunPro records management system, a non-PSSI product that was selected to more closely meet the specialized needs of Fire Department CMR: 379:02 Page 3 of 5 operations. The Sole Source justification for this work has been provided in Attachment A. The total cost for Phases 2A and 2B is $249,800. By completing the final phase of work as defined in this new agreement and by procuring both the operating system upgrade and new software interfaces and application enhancements, the Police Department will have effectively streamlined and optimized all of its punic safety computer systems. By leveraging these systems, punic safety technology will now operate at its optimum efficiency and can be leveraged for future years as a quality law enforcement tool and a repository for secure public safety and public information. RESOURCE IMPACT The project will be funded as follows: Source of Funds CIP 19913 - Police Records Management COPS Program FY 99-00 FY 00-01 COPS REALLOCATION TO CIP 19913 Revised CIP 19913 TOTAL PROJECT BUDGET Original Funds $250,000 $140,374 $138,827 Spent To Date $228,7 17 $2,766 -0- Funds Release d Available Contract Funds $21,283 $137,608 $138,827 $276,435 $297,718 $297,718 In addition to the $249,800, the remaining $47,918 allocated for this project will be spent on hardware, software and services from other vendors unrelated to the PSSI contract. The attached BAO requests an appropriation of expenses, in the amount of $276,435, to CIP Project 19913, Police Records Management. Funds for this appropriation will be derived from the Law Enforcement Services Fund. This BAO will have no impact on the Budget Stabilization Reserve and no future year General Fund ongoing costs are anticipated. POLICY IMPLICATIONS This agreement is consistent with existing City policy. CMR: 379:02 Page 4 of 5 ENVIRONMENTAL REQUIRED This is not a project under the California Environmental Quality Act (CEQA) and environmental review is not required. Attachments Attachment A: Attachment B: Attachment C: Attachment D: Sole Source Justification Budget Amendment Ordinance Proposed Contract Original RMS Contract #C9113077 -April 15, 1999 PREPARED BY: DEPARTMENT HEAD: SHERYL A. Coordinator, CONTOIS Services PATRICK Chief of Police CITY MANAGER ~SON Assistant City Manager CMR: 379:02 Page 5 of 5 Attachment A SOLE SOURCE JUSTIFICATION The Palo Alto Police Department currently utilizes Public Safety Systems, Inc. (PSSI) for its critical ~ublic safety computer systems - Computer Aided Dispatch (CAD) and Records Management System (RMS) systems. The original purchase of the CAD system in 1998 was done following a national search and a competitive bid process. Upon successful completion of that process, the contract (C8099680) was approved by City Council (CMR 186:98) and awarded to PSSI. The City of Palo Alto, under a sole source purchase in 1999, acquired PSSI’s ICIS RMS application software and associated custom interfaces to various law enforcement database systems from PSSI. After thorough research and careful evaluation by City Staff, PSSI’s RMS product most closely met the needs of the department. The vendor provided competitive pricing and by purchasing the RMS software from PSSI, the City was able to ensure the systems were compatible and would easily share information and communicate with each other without having to pay the high costs for custom interfaces between a third party RMS vendor and PSSI’s CAD software to make the systems work in tandem. The RMS contract (C9113077) was awarded to PSSI. The sole source justification is part of Contract No. C9113077. The City of Palo Alto staff have worked closely with PSSI to evaluate the current system and make adjustments and request quotations for enhancements critical to the system’s operation. These enhancements and additional modules were not available at the time of the original contract. As this software is covered under proprietary license, no other vendors can make medications or additions to the software. All links with third-party software applications are accomplished via custom interfaces provided by PSSI. Based on these reasons, sole source purchase is justified and is in the best interest of the City from a financial and operational perspective. ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 2002-03 TO PROVIDE AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $276,435 TO CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT 19913, POLICE RECORDS MANAGEMENT SYSTEMS,TO REALLOCATE $276,435 OF FUNDS FROM CITIZENS FOR PUBLIC SAFETY (COPS) WHEREAS, pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Council on June 17, 2002 did adopt a budget for fiscal year 2002-03; and WHEREAS, in fiscal years 1999-00, 2000-01, and 2001-02, the Police Department received allocations totaling $276,435 from the State of California COPS p~ogram for use in purchasing technology to enhance its public safety operations and to provide a foundation for sharing information with other law enforcement agencies as part of a data integration/interoperability efforts; and WHEREAS, the monies will be used for software enhancements and hardware upgrade of the Police Departments Computer Aided Dispatch (CAD) and Records Management Systems; and WHEREAS, the budget needs to be amended to transfer $276,435 from the Law Enforcement Services Fund to CIP 19913, Police Records Management; and WHEREAS, this transfer of previously appropriated funds is a one-time event and no future .year General Fund ongoing cgsts are anticipated; and WHEREAS, City Council authorization is needed to amend the 2002-03 budget as hereinafter set forth. NOW, THEREFORE, the Council of the City of Palo Alto does ORDAIN as follows: SECTION i. Revenue in Capital Improvement Project Number 19913 is increased by Two Hundred Seventy-Six Thousand Four Hundred Thirty-Five Dollars ($276,435) for a transfer from the Law Enforcement Services Fund. SECTION 2. The sum of Two Hundred Seventy-Six Thousand Four Hundred Thirty-Five Dollars ($276,435) is hereby appropriated to Capital Improvement Project Number 19913. SECTION 3. The transactions above will have no impact on the General Fund Budget Stabilization Reserve. SECTION 4. As specified in Section 2.28.080(a) of the Palo Alto Municipal Code, a two-thirds vote of the City Council is required to adopt this ordinance. SECTION 5. The Council of the City of Palo Alto hereby finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. SECTION 6. As provided in Section 2.04.350 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST:APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Manager Senior Asst. City Attorney Director of Services Administrative Director of Police AGREEMENT BETWEEN THE CITY OF PALO ALTO AND PUBLIC SAFETY SYSTEMS, INC. FOR PURCHASE OF LICENSED SOFTWARE AND SUPPORT SERVICES THIS AGREEMENT is made and entered into on the day of 2002, by and between the CITY OF PALO ALTO, a chartered municipal corporation of the State of California ("CITY"), and PUBLIC SAFETY SYSTEMS, INC. a duly organized Virginia corporation, with offices at 4401 Nicole Drive, Lanham, Maryland 20706, Tax ID Number 54-1302472 ("PSSI"). RECITALS: A. On April 15, 1999 CITY and PSSI entered into an agreement for purchase of licensed software and support services ~for the.City’s automated law enforcement records management program ("the 1999 Agreement"). The 1999 Agreement provided that the work would be complet~ed in t~}ee phases, however, the 1999 Agreement specifically stated that Phases 2 and 3 would not be accomplished as part of that agreement. City retained the right to add Phases 2 and 3 to the contract subject to PSSI’s compliance with Phase 1 and the City’s acceptance thereof and a mutual agreement to complete Phases 2 and 3. B. PSSI has completed Phase 1 and the City has now accepted the work performed under the 1999 Agreement. C. CITY wishes to have PSSI perform, and PSSI wishes to perform, the further services described as Phase 2. Copies of the scopes of services for Phase 2 are attached hereto as Exhibits "A2A" and Exhibit "A2B". NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: SECTION I. THE PRODUCT CITY shall purchase from PSSI hardware, licensed software, integration, upgrade, modification and support services as described on Exhibits ~A2A" and ~A2B", attached hereto and incorporated herein by reference (the "PRODUCT"). To the extent of any conflict between this Agreement and any exhibit, the provisions of this Agreement shall apply. SECTION 2.DELIVERY CITY shall pay for all delivery charges. Delivery will be made by standard ground transportation charges unless CITY agrees in writing to a different method of transportation. PSSI will handle all shipping, handling and installation of the Product, and shall coordinate with CITY as to the schedule of delivery so as 1 021016 sdl 0044176 to cause the least possible disruption to CITY’s operations. CITY will be responsible for installing hardware and equipment it is purchasing from sources outside of this agreement. SECTION 3.COMPENSATION Phase 2: In consideration of the full performance of the installation, modification and upgrade services and applicable sales tax for Phase 2 as set forth in exhibits ~A2A" and "A2B", CITY will pay PSSI a total sum not to exceed Two Hundred Forty-Nine Thousand Eight Hundred Dollars ($249,800.00) which shall include all programming, services, and travel and expenses incurred by PSSI under this agreement. The amount of compensation for Phase 2 will be calculated on a per task basis in accordance with the Exhibits "A2A" and "A2B", up to the maximum amount set forth in this Section. The fees of any consultan%s, who have direct contractual relationships with PSSI, will be approved, in advance, by CITY. CITY reserves the right to refuse payment of such fees, if such prior approval is not obtained by PSSI. Payment will be due and payable within 30 days of acceptance of each task set forth in Exhibits "A2A" and "A2B" in accordance with Section 5 of this Agreement. CITY shall be responsible for remitting any applicable sales and use taxes to the appropriate local and tax authorities. SECTION 4.SOFTWARE LICENSE 4.1 PSSI grants to CITY a non-exclusive, non- transferrable license for the software during the term of this Agreement plus the terms of any agreements for extended maintenance of the software. CITY shall not sell or transfer any of the software or copies thereof to others. CITY agrees to secure and protect the software and copies thereof from transfer to third parties, and agrees to take appropriate action through instruction with its employees who are permitted access to each software system or copies thereof, to satisfy its obligations under this Agreement. The license under this Agreement allows CITY to: a.Use the licensed software on the equipment specifically to designated parties; bo Copy or translate the licensed software in machine readable or printed form to provide sufficient copies to support CITY’s use of the licensed software, provided PSSI’s proprietary legend is included; C ¯Transfer the licensed software to a back-up CPU to be used when a designated CPU is temporarily inoperable; 021017 sdl 0044176 2 do Modify any customized licensed software program to form an updated work for CITY’s use, provided that: CITY supplies PSSI with written notification of the modification; and ii.The modification is made according to PSSI’s conventions or requirements. 4.2 CITY will not use or operate the licensed software improperly, carelessly, or in a manner contrary to that authorized by this license. SECTION 5.INSTALLATION AND ACCEPTANCE 5.1 Implementation Schedule. General timelines, for implementation are described in Exhibit ~’B". A detailed schedule of tasks and deliverable items, which outlines the time and manner in which the transactions contemplated by this Agreement are to be performed, shall be discdssed with CITY in separate meetings and committed to a written document ("Implementation Schedule"), which shall be incorporated as part of this Agreement. PSSI agrees to adhere to the requirements of the agreed upon Implementation Schedule in all respects. If PSSI fails to adhere to the Implementation Schedule, provided such failure is not caused by CITY, CITY shall have the options set forth as follows, subject to the notice and other requirements thereof: The delivery of the software and installation, modification and upgrade services shall be performed and completed in accordance with the agreed upon Implementation Schedule and the provisions of this Agreement. If a scheduled installation date or milestone as set forth in such schedule, or, in any subsequent Implementation Schedule, developed by the parties or otherwise agreed to by the parties, shall be incapable of being met, PSSI shall give at least seven (7) days notice prior thereto, unless PSSI shall not know that a delay will occur, then immediately upon obtaining such knowledge, to CITY of the existence of such delay, and the proposed actual performance date. Upon receipt of such notice and provided the delay is not caused by CITY, CITY may counter-notify PSSI that unless such delay is cured and scheduled installation made within twenty-one (21) days after such counter notice, CITY may exercise the options afforded it as described in Subsection 5.3 below. 5.2 Acceptance Test. The parties agree that acceptance of the software and any modifications or upgrades made pursuant to Exhibits "A2B" and "A2B" shall be a demonstration, to the CITY’s satisfaction, that the Products perform, individually and as a whole, in accordance with their published specifications, including, but not limited to, specifications as referenced in Exhibits "A2A" and "A2B", and are able to perform substantially the function for which they are intended. (The "Acceptance Criteria") 3 021016 sdl 0044176 Said demonstration shall be completed within ten (i0) business days of completion of each task. 5.3 Acceptance or Rejection. Acceptance shall not occur unti! each task described on Exhibits ~A2A" and "A2B" has adequately passed the acceptance test set forth in the preceding~ subsection 5.2 and CITY has received all of the deliverables associated with this purchase and license. CITY shall notify PSSI in writing immediately upon completion of the final software acceptance test. The payment associated with each task acceptance due from CITY will be due and payable as set forth in Section 3 upon satisfactory completion of the acceptance test and receipt of all deliverables. If PSSI fails to provide softwareor other delive~ables meeting City requirements within the time lines set forth in this Agreement, or, if the software or modifications or upgrades do not function in a manner that is acceptable to CITY in the normal daily operating environment within the acceptance test period, CITY shall have the option, upon non.ice to PSSI, to: a. Cancel this Agreement, whereupon, PSSI shall return to CITY all sums heretofore paid by CITY and CITY shall have no further obligations thereunder, in which event PSSI shall be entitled to return of any software and any documentation therefore delivered to CITY; or or bo Accept the Product at its then level of performance; c. Permit the acceptance phase to be extended for such period as agreed upon by CITY in writing; or d. Accept those portions of the Product-which pass the acceptance criteria and require PSSI to correct the remaining portions, in which event CITY shall not be liable for any payments for such remaining portions until they have passed the acceptance tests; or e. Pursue such remedies as may be available to CITY at law or in equity. Acceptance of the Product by the CITY will not release PSSI from the requirements of correcting software defects in accordance with the terms of the warranties and maintenance requirements set forth herein. SECTION 6. WARRANTY 6.1 PSSI warrants that it has the right to grant the software license described in this Agreement and that the software is delivered and installed free of any claim of patent, trademark or copyright infringement. PSSI shall defend, at its expense, any action brought against CITY to the extent based on a claim that the use of the Product, within the scope of this Agreement, infringes 021016 sdl 0044176 4 any United States patent, trade secret or copyright or any intellectual property right granted by the State of California, and PSSI shall indemnify CITY from any costs, damages and fees finally awarded against CITY in such action which are attributable to such claim; provided that CITY notifies PSSI promptly in writing of the claim, permits PSSI to defend or settle the claim and provides all available information, reasonable assistance and authority to enable PSSI to do so, provided PSSI reimburses CITY for such activity. CITY shall have no authority to settle any claim on behalf of PSSI. PSSI shall have no liability for any claim of patent, trade secret or copyright infringement based on the (i) use of other than the then-latest version of the Product from PSSI, if such infringement could have been avoided by the use of the latest version made available to CITY, but CITY, with knowledge of actual or possible infringement, chose to retain the prior version; or (ii) use or combination of the equipment with software, hardware, or other materials not provided by PSSI, unless such use has been agreed to by PSSI and then only to the extent that such liability is based on the Products supplied by PSSI and not for any such liability as may relate t~ such other products. PSSI warrants that during the warranty period, for a period of one year from CITY’s acceptance, the Product will operate according to the Acceptance Criteria. If it is determined that the Product does not operate according to such specifications, PSSI shall, without further charge or cost to CITY, provide such additional or substitute Product or modification of whatever kind as is necessary to the Product in order to meet the Acceptance Criteria, or CITY may exercise whatever options are set forth in Section 5 (within the acceptance period), at CITY’s sole option. 6.2 PSSI warrants that the Product shall meet or exceed the Acceptance Criteria during the warranty period, and agrees to replace or repair all defects at no charge during said period, provided it shall have received reasonable notice of such defects, and provided the damage shall not have been caused by willfu! act or negligence of CITY’s agents or employees. 6.3 PSSI represents and warrants accuracy in the processing of date and date related data (including, but not limited to, calculating, comparing, and sequencing) by all hardware, software, and firmware products or other time sensitive or reliant products delivered under this contract or agreement, individually and in combination, upon installation or use. Fault- free includes the manipulation of this data with dates prior to, through, and beyond January i, 2000, including leap year calculations), and shall be transparent to the user. 6.4 PSSI warrants that its personnel assigned to function during the term of this Agreement shall be qualified to perform PSSI’s support obligations under this Agreement. All personnel (and any substitutes therefor) assigned to the performance of this Agreement shall be subject to approval of the CITY. Personnel whose conduct is incompetent, inefficient, or 021016 sdl 0044176 otherwise unsatisfactory to the CITY shall be replaced forthwith upon request. 6.5 In the event that CITY makes any changes or modifications to the licensed software, CITY agrees that such changes and modifications shall be the property of PSSI, unless PSSI shall have given its prior written consent to the contrary. Furthermore, any changes or modifications made by CITY to the licensed software, except in accordance with Section 4.l.b, will mean that the foregoing limited warranty of PSSI with respect to such licensed software shall no longer apply, and PSSI shall have the right to charge CITY for additional support services the rate set forth in Exhibit ~B"; however, PSSI shall have no obligation to provide such services. 6.6 EXCEPT AS SET FORTH ABOVE, NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHAIqTABILITY /~ND FITNESS FOR A PARTICULAR PURPOSE, ARE MADE .BY PSSI ~ PSSI MAKES NO WARRANTIES WITH RESPECT TO HARDWARE EQUIPMENT OR WITH THE LICENSED SOFTWARE OR FOR THE INSTALLATION THEREOF.I~NO EVENT WILL PSSI BE LIABLE TO CITY OR ANY OTHER PARTY FOR ANY LOSS, INCLUDING TIME,MONEY,GOODWILL AND CONSEQUENTIAL DAMAGES, WHICH MAY ARISE FROM THE USE,OPERATION OR MODIFICATION OF THE HARDWARE OR SOFTWARE. 6.7 The foregoing limitations of paragraph 6.6 shall not limit PSSI’s liability for damages for personal injury, including death, or tangible property damage, as set forth in Section i0. Further, nothing contained in this Agreement shall limit any cause of action arising between the parties which is based upon wrongful acts that are independent of this Agreement. SECTION 7.SOURCE CODE The Product shall include the software source code, object code, and any associated files, tables, or programs required to recompile, if necessary. SECTION 8.TERM; AMENDMENTS 8.1 The term of this Agreement shall commence on the date of execution of this Agreement by CITY, and shall terminate on June 30, 2003. The parties may, by mutual agreement, enter into subsequent agreements for extended maintenance of the Product. 8.2 The parties may, by mutual agreement, amend this Agreement to provide for additional hardware, software, or services related hereto. SECTION 9.TERMINATION 9.1 This Agreement may be terminated by either party upon thirty (30) days prior written notice if the other party has materially breached the provisions of this Agreement and has not cured such breach within such notice period. 021016 sd10044176 9.2 This Agreement may also be terminated by CITY prior to acceptance of the Product, in accordance with the provisions of Section 5. 9.3 Upon termination, either party may pursue such remedies at law or in equity as may be available to it. SECTION i0. INDEMNITY PSSI agrees to protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from any and all demands, claims, or liability for injury or death of any person, or property damage caused by or arising out of PSSI’s, its officers’, agents’, subcontractors’ or employees’ negligent acts or omissions, or willful misconduct in the performance of its obligations under this Agreement. SECTION ii.INSURANCE ii.i PSSI]"~ at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "C", insuring not only PSSI, but also, with the exception of workers’ compensation, and employer’s liability insurance, naming CITY as an additional insured concerning PSSI’s performance under this Agreement. 11.2 All insurance coverage required hereunder will be provided through carriers with Best’s Key Ratinq Guide ratings of A:VII or higher which are admitted to transact insurance business in the State of California. Any and all contractors of PSSI retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 11.3 Certificates of~such insurance shall be.f!led with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s risk manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled or altered by the insurer except after filing with CITY’s City Clerk thirty (30) days’ prior written notice of such cancellation or alteration, and that the City of Palo Alto is named as an additional insured except in policies of workers’ compensation and employer’s liability insurance. Current certificates of such insurance will be kept on file at all times during the term of this Agreement with the City Clerk. 11.4 The procuring of such required policy or policies of insurance will not be construed to limit PSSI’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, PSSI will be obligated for the full and total amount of 7 021016 sdl 0044176 any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. 11.5 PSSI, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing the performance of its obligations under the Agreement. SECTION 12. WORKERS’ COMPENSATION PSSI, by executing this Agreement, certifies that it is aware of the-provisions of the Labor Code of the Staie of Califor- nia which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such pr6Qisions, as applicable, before commencing the performance of its obligations under the Agreement. SECTION 13. ASSIGNMENT PSSI shall not assign or subcontract the services to be provided by it under this Agreement, and no assignment of this Agreement or subcontracting of the services to be provided under this Agreement or any right or interest therein by PSSI shall be effective, without the prior written consent by CITY of such assignment or subcontract, which consent will not be unreasonably withheld. The performance of the Agreement by PSSI is of the essence of the Agreement. In the event of any assignment or subcontract, PSSI shall remain primarily liable for all of its obligations under this Agreement. Notwithstanding the foregoing, it is the intent and understanding of the parties that the hardware providedby PSSI under this Agreement will be manufactured by other entities, for which PSSI will function as reseller. SECTION 14. WAIVER No waiver of any breach of any term or condition of this Agreement shall be construed to waive any subsequent breach of the same or any other term or condition of this Agreement. SECTION 15. CONFLICT OF INTEREST 15.1 In accepting this Agreement, PSSI covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 15.2 PSSI further covenants that, in the performance of this Agreement,it will not employ any contractor or person 021016 sdl 0044176 having such an interest. PSSI certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. SECTION 16. NONDISCRIMINATION 16.1 As set forth in the Palo Alto Municipal Code, no discrimination will be made in the employment of any person under this Agreement because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or gender of that person. If the value of this Agreement is, or may be, five thousand dollars ($5,000) or more, PSSI agrees to meet all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in employment, including completing the requisite form furnished by CITY and set forth in Exhibit "D". 16.2 PSSI agrees that each agreement for services with an independent prov!.der will contain a provision substantially as follows: "[Name of Provider] will provide PSSI with a certificate stating that [Name of Provider] is currently in compliance with all Federal and State of California laws covering nondiscrimination in employment; and that [Name of Provider] will not discriminate in the employment of any person under this agreement because of the age, race, color, national origin, ancestry, religion, disability, sexua! preference or gender of such person." 16.3 If PSSI is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of Federal law or executive order in the performance of this Agreement, it will be in defaul[ of this Agreement. Thereupon, CITY will have the power to cancel or suspend this Agreement, in whole or in part, or to deduct the sum of twenty-five dollars ($25) for each person for each calendar day during which such person was subjected to acts of discrimination, as damages for breach of agreement, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer will constitute evidence of a breach of this Agreement. 9 021016 sdl 0044176 SECTION 17. FORCE MAJEURE The parties will exercise every reasonable effort to meet their respective obligations hereunder, but either party shall be excused from the performance of any of its covenants or agreements hereunder and such party’s nonperformance shall not be a default or grounds for termination of this Agreement for any period to the extent that such party is prevented, hindered or delayed for any period not in excess of thirty (30) days from performing any of its covenants or agreements, in whole or in part, as a result of an act of God, war, civil disturbance, court order, labor dispute or other cause beyond that party’s reasonable control, including without limitation, any denial of access to the CITY’s facilities. The parties hereby agree to use their reasonable efforts to remedy the effect caused by the occurrence of the event giving rise to a party’s nonperformance of its covenants or agreements under this section. The parties~ agree to provide prompt notice to the other party to the extent that either party is relying on the provisions of this Section for its failure to perform any of its covenants or agreements hereunder. SECTION 18.CONFIDENTIALITY 18.1.The parties acknowledge that in the course of performing the responsibilities under this Agreement, they each may be exposed to or acquire information that is proprietary to or confidential to the other party or its affiliated companies or their clients. Any and all information of one party in any form obtained by the other party or its employees, agents or representatives in the performance of this Agreement shall be deemed to be confidential and proprietary information of such party. The parties agree to hold such information in strict confidence and not to copy, reproduce, sell, assign, license, market, transfer, give or otherwise disclose such information to third parties or to use such information for any purposes whatsoever, without the express written permission of the other party, other than for the provision of services under this Agreement. The parties agree to advise each of their employees, agents, and representatives of thei~ obligations to keep such information confidential. All such confidential and proprietary information described herein and any deliverable provided hereunder, in whatever form, are hereinafter collectively referred to as "Confidential Information." The parties shall use their reasonable efforts to assist each other in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limitation of the foregoing, the parties shall use reasonable efforts to advise each other immediately in the event that either learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Agreement, and will reasonably cooperate in seeking relief against any such person. 18.2 Notwithstanding the obligations set forth in Section 18.i, the confidentiality obligations of the parties shall 021016 sdl 0044176 10 18.2 Notwithstanding the obligations set forth in Section 18.1, the confidentiality obligations of the parties shall not extend to information that: is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than receiving party; Was known to the receiving party as of the time of its disclosure; or is independently developed by the receiving party; or is subsequently learned from a third party not under a confidentiality obligation to the providing party; or is required to be disclosed pursuant to court order or government whereupon the receiving party shall provide notice to the other party prior to such disclosure. SECTION 19. NOTICES All notices hereunder wil2 be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY:Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 with copies to:Coordinator, Communications Services City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 To PSSI:4401 Nicole Drive Lanham, MD 20706 ATTN: Ed Kossa, Director of Operations SECTION 20.MISCELLANEOUS PROVISIONS 20.1 PSSI represents and warrants that it has knowledge of the requirements of the Americans with Disabilities Act of 1990, and the Government Code and the Health and Safety Code of the State of California, relating to access to public buildings and accommodations for disabled persons, and relating to facilities for disabled persons. PSSI will comply with or ensure by its advice that compliance with such provisions will be effected in the performance of this Agreement. 20.2 This Agreement will be governed by the laws of the State of California, excluding its conflicts of law. 20.3 In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in the County of Santa Clara, State of California. 021017 sdl 0044176 11 20.5 If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 20.6 All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 20.7 This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one and the same instrument. 20.8 This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. If CITY is req~ired to sign an order form or other preprinted document from PSSI, the parties understand and agree that to the extent of any conflict between such other form or document and this document, this document shall prevail. This document may be amended only by a written instrument, which is signed by the parties. 20.9 This Contract is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Contract will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section 20.9 shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Contract. // // 021016 sdl 0044176 12 10/17/02 THU 16:29 FAX 301 459 1987 PSSI IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. ATTEST:CITY OF PALO ALTO City Clerk Mayor APPROVED AS TO FOR~: Senior Asst. City Attorney APPROVED: Assistanh City Manager Director of Administrative Services Its : P~$20~n~ Chief of Police Insurance Review Attachments: EXHIBIT "A2A" and "A2B": Scope of Work Specifications Product EXHIBIT "B" : EXHIBIT "C" : EXHIBIT "D" : Implementation Schedule Insurance Requirements Nondiscrimination Compliance Form 021016 sdl 0044176 13 Phase 2A SCOPE OF WORK UPGRADE TO NEW NT/WIN2000 OPERATING SYSTEM AND TIER 1 GEO-SERVER SYSTEM Exhibit A PSSI and the City has completed discussions and evaluated the specific needs for an upgrade from the current MPE operating environment to an NT/Win2000 based operating system. The City reviewed, in detail, the quotation submitted by PSSI and discussed implementation issues and!or modifications that will be required. Conversion to this new operating system will streamline administrative and maintenance functions and will provide enhance the overall effectiveness of the CAD and RMS systems. The City will purchase and make available to PSSI three (3) Hewlett Packard LC2000r Servers. They will be configured by City staff under consultation with PSSI and in accordance with PSSI specifications. The City will ensure that the Server’s meet the minimum specifications provided by PSSI. The City will ship the 3 configured LC2000r Servers to PSSI ’for preparation- shipping charges to be paid by City. PSSI technical personnel will be presem on site at the City of Palo Alto to install the new NT/Win2000 operating system and will work in tandem with the City to test the new operating system to ensure that the system performance of both the RESPONSE CAD and ICIS RMS systems is not degraded. At the conclusion of this phase of the o.perating system upgrade, all custom interfaces, enhanced or modified software will be tested testing and training. All work conducted on site in the City of Pa!o Alto will be tested to ensure functionality while PSSI technical staff are available. ~in2000/NT operating System and Tier i G~o-Ser~er Upgrade - :~:i ~i: :~. Fixed Pridng TASK 1 - Hardware (to be provided by PSSI): Server S}aging, Configuration and Testing; Interface Server w/8 serial port expansion board, ’Upgraded Redundancy Fail $21,800 Over Switch Response NT Software: RESPONSE NT/2000 License Upgrade; SLETS PIC, CAD TCP/IP interface upgrade; CAD ,to ICIS transfer Interface Upgrade (ODBC Version); CAD to EMBRS transfer Interface Upgrade (ODBC Version); Fire Station Printers Subsystem NT Upgrade; Sun_Pro PIC CAD TCP/IP Interface Upgrade Software Services: CAD Data Conversion; Project Management, Travel, Installation and Training of City Staff TASK 2 - Tier 1 Geo-Server System - PSSI ~o provide geo-server system to support a mapping environment in the CAD RESPONSE system. Project include: RESPONSE GeoServer Software, Address Verification, Open API, ICIS V2.3 and future version integration, data conversion, project installation, management, travel and expenses. $65,000 $33,600 $44,900 Phase 2A Scope of Work/Tasks Page 1 of 1 Phase 2B CAD/RMS Software Enhancements SCOPE OF WORK Exhibit A PSSI and the City have completed sessions, which evaluated the specific needs of this Phase (2) of the project. These discussions included dispatch algorithms, flag settings and other issues that are specific to the external interface requirements. PSSI technical staff assigned to the project will begin preparation of custom (as required) software and/or modifications to the base software application necessary to implement the external interfaces as defined in the design review sessions. Much of the software preparation will be conducted in the PSSI home office. As required, PSSI technical personnel will be present on site at the City of Palo Alto to perform the modifications necessary to implement the functionality defined during the design review sessions. This phase of the project includes programming modifications for the RESPONSE CAD and/or ICIS RMS systems. Dependent upon the actual project implementation schedule, some work may run in parallel or back-to- back as part of a phased-implementation approach. At the conclusion of this phase of the project, the new interfaces, enhanced or modified software will be ready for testing and training. All work conducted on site in the City of Palo Alto will be tested to ensure functionality while PSSI technical staff are available. Each of the enhancements, modifications and!or software changes to either the RESPONSE CAD and/or ICIS systems are detailed below. Phase2AEnhan~em~tS 2TfiskDesiripti;n .-,ii .:, ;-, :~: - :~- ’ ’:’, F,i~;d Pricing TASK 1: PSSI will make modifications to RESPONSE CAD system and software to provide a standard interface to the Zetron Model 6/26 Fire Station Alerting System.$29,000 Project work to be timed with installation of new alerting system. TASK 2: PSSI will make CAD RESPONSE system modifications to allow for GEOFILE update conversion processes that the City could mn on a reoccurring basis. This modification will allow for bulk update to the RESPONSE CAD Geo-file from $6,000 City provided GIS data files. PSSI provided City with file formats in which the GIS data is to be provided. TASK 3: PSSI will make system modifications to its RESPONSE CAD that will upgrade the existing telecommunications/SLETS interface. PSSI will install a TCP/IP interface to SLETS. Timing for this project will be based on a TCP/IP upgrade at the $22,000 Santa Clara County Sheriffs Office (that project is currently underway). PSSI has been provided all technical documentation regarding this protocol change. TASK 4: PSSI to make modifications and customizations to ICIS RMS Case Management Module - design review for functionality requirements include changes in $7,500 pre-agreed upon fields, flag settings, automatic update capability, and protected field. Phase 2B Scope of Work/Tasks Page 1 of 2 TASK 5: PSSI will make customizations and modifications to the existing ICIS RMS Warrant Module to allow for direct filing of WPS (Wanted Persons System) filings and, as required, other law enforcement telecommunications databases and make other customizations to the software that automate this process and eliminate redffndant data entry by police staff. $20,000 tal Pha e 2B ’ Phase 2B Scope of Work/Tasks Page 2 of 2 EXHIBIT B Public Safety Systems, Inc. Phases 2A and 2B Project Schedule PROJECT PHASE/TASK DATE Phase Phase Phase 2A NT Upgrade/Geo-Server City to Ship Configured Servers to PSSI for Preparation Server Staging, Preparation and Configuration (PSSI) NT/SotIware Enhancements Loaded V2.4 (PSSI) Installation and Services of NT System Final T~esting / Cutover 2A Tier 1 Geo-Server System Meetings with City/PSSI (onsite) GIS requirements Installation and Testing (PSSI onsite) 10/30/02 11-12//02 12/02-01/03 01/03-02/03 02-03/03 12/02-1/03 2/03 -3/03 2B Software Enhancements (PSSI Onsite) Task 1 - Zetron 6/26 Station Alerting Task 4 - ICIS Version 2.4 Installation / Case Management Module Changes 02-03/03 Task 2 - Geo-File Conversion Process 03-04/03 Task 3 - SLETS TCP/IP Upgrade 03-04/03 Task 5 - Warrants Module 05-06/03 12/30/02 Any schedule changes for Project/Task Start/End dates are subject to change based on a Phased Implementation Sta’ategy. Based on the availability of PSSI technical persolmel, some project tasks may be completed earlier than the dates listed above. All schedule changes will be made by verbal agreement between the City and PSSI. CERTIFICATION OF NONDISCRIMINATION SECTION 410 Certification of Nondiscrimination As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below hereby certify: a)that they are currently in compliance with all federal and state of California laws covering nondiscrimination in employment; and b)that, if awarded the contract, the proposer will not discriminate in employment of any person under the contract because of race, color, national origin or ancestry, religion, disability, gender or marital status of such person. THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. Firm: Public Safet~f ~ y,,t~.m~ Incorporated Signature: Name: Louis E Henneke (PRINT OR TYPE NAME) Signature: Name: Judy Henneke (PRINT OR TYPE NAME) Note:California Corporations Code Section 313 requires two corporate officers to execute contracts. *The signature of First Officer* must be one of the following: Chairman of the Board; President; or Vice President. **The signature of the Second Officer** must be one of the following: Secretary; Assistant Secretary; Chief Financial Officer; or Assistant Treasurer. (In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) PAGE t OF 1 PSSI Contract ATTACHHENT D ¯ AGREEMENT BETWEEN THE CITY OF PALO ALTO AND PUBLIC SAFETY SYSTEM, INC. FOR PURCHASE OF LICENSED SOFTWARE AND SUPPORT SERVICES THIS AGREEMENT is made and entered into on the//.~__~_ day of ~ 1999, by and between the CITY OF PALO ALTO, a chartered municipal corporgtion of the State of California ("CITY"), and PUBLIC SAFETY SYSTEMS, INC. a duly organized Virginia corporation, with offices at 4401 Nicole Drive, Lanham, Maryland 20706, Tax ID Number 54- 1302472 ("PSSI"). RECITALS: A. CITY desires to purchase and implement an automated law enfor’cement records management program that utilizes the latest technology to replace the existing records management sof~vare, services to .cgnvert existing data files, and create automated interfaces to external state and county law enforcement databases; that is capable of being fi.llIy integrated with the computer aided dispatch system currently being implemented and mobile data computers. B. PSSI has agreed to providesuch program in response to.CITY ~, sole source request, as per Exhibit "C" attached. NOW, THEREFORE, in consideration of their inumal covenants, the .partied here~.o agree as follows: SECTION l. THE PRO--DUCT. CITY shall purchase from PSSI license~i software, integration and support services .(The "PRODUCT"). The Product is described.in tk~ "Scope of!~, ork attached he:,.’etba~’Ex:tSbit ’:A" and incorporated herein by reference. TO the..ex, t~nt of any conflict between this Agree.rfient: and. any exhibit, the provisions of this Agreement sliall apply. It is hereby mutually agreed upon ~at~hases 2 and 3 made referenc.e ~o in ~he of Work (Exhibit "A") and the Timeline (Exhibit "D") is not and will not be.. a.c¢6"mpl.ishg’d as p~irt of this contract. City retains the right to ~idd Phaseg 2 imd 3 to the ® ® ® ’ PSSrs compliance with Phasc 1 and;the City’s acceptance tt~.~reof, , a mutual agreement to complete Phases 2 and 3, no damages resulting’should, the City decide not to proceed xtrith i~ha~es 2 an~t 3, arid monetary appropriations. SECTION 2, DELIVERY. CITY shall pay for all delivery charges. Delivery .will be made by standard ground transportation charges unless CITY agrees in writing to a different method of transportation. PSSI will handle all shipping, handling and installation of the Product, and shall coordinate with CITY as to the schedule of delivery so as to cause the least possible disruption to CITY’s operations. CITY will be responsible for installing hardware and equipment it is purchasing from sources outside of this Agreement. 3,COMPENSATION CITY shall pay to PSSI a total fixed amount of-Sixty Three Thousand and Two Hundred Dollars ($63,200) plus applicable sales tax, for the Product which shall include all programming, services, and travel and expenses incurred by PSSI under this Agreement. The Special Provisions and Pricing Schedule is detailed in Exhibit "B". CITY shall be resp0q..sible for remitting any applicable sales and use tax to the ¯ appropriate local and tax authorities. 4.SOFTWARE LICENSE ,4. l PSSI grants to CrI’Y a non-exclusive, non-transfen:able license for the so,rare during the term of this Agreement plus the terms of any agreements ibr extended maintenance ofthe ~oftware. C!TY shall not sell or transfer any of the software or copies thereof to others. CITY agrees to secure and protect the Sot~are and copies ihereof from transfer to third parties, and agrees to take appropriate action through instruction with its employees who are permitted access to each soil-ware system or copies theredf, Io satisfy its obligations under this Agreement. The license under this Agreement allows CITY to: Use the licensed software on the equipinent specifically to designated parties; Copy or translate the licensed so,ware in machine readable or printed form to provide sufficient copies to support CITY’s use of the licensed software, provided PSSI’s proprietary legend is included; ¯ Transfer the licensed software to a back-up CPU to be used when a designated CPU is temporarily inoperable; Modify any customized licensed software program to form an updated work for CITY’s use, provided that: i.CITY supplies PSSI with written notification of the modification; and ii.The modification is made according to PSSI’s conventions or requirements. 4.2 CITY will not use or operate the licensed soi~ware improperly, carelessly, or 2 in a manner contrary to that authorized by this license. SECTION 5. INSTALLATION AND ACCEPTANCE 5.1 Implementation Schedule. General time lines for implementation are described in Exhibit ’2)". A detailed schedule of tasks and deliverable items, which outlines the time and manner in which the transactions contemplated by this Agreement axe to be performed, shall be discussed with CITY in separate meetings, and committed to a written document ("Implementation Schedule"), which shall be incorporated as part of this Agreement. PSSI agrees to adhere to the requirements of the agreed upon Implementation Schedule in all respects. If PSSI faiIs to adhere to the Imp!ementation Schedule, provided such failure is not caused by CITY, CITY shall have the options set forth as follows, subj ect to the notice and other requirements thereof: The delivery of software and services shall be performed and completed in accordance with the agreed upon Implementation Schedule and the provisions of this Agreement. If a scheduled installation date or milestone as set forth in such schedule, or, in any subsequent Implemefitation Schedule, developed by the parties or otherwise agreed to by the parties, shall be incapable of being met, PSSI shall gi~’e at least seven (7) days notice prior thereto, unless PSSI shall not know that a delay will occur, then immediately upon obtaining such knowledge to CITY of the existence of such delay, and the proposed actual performance date. Upon receipt of such notice and provided the delay is not caused by CITY, CITY may counter-notify PSSI that unless such delay is cured and scheduled installation made within twenty-one (21) days after such counter notice, CITY ¯ may exercise the options afforded it as described in Subsection 5.3 below. 5.2 Acceptance Test. The.parties agree that acceptance of the software shall be a demonstration, to the CITY’s satisfaction,.that the Products perform, individually and as a whole,. in accordance with their published specifications, including but not limited to, specifications as referenced in Exhibit "A", and able to perform substantially the function for which t.hey are intended (The "Acceptance Criteria".) Said demonstration shall be completed within 30 days of installation. 5.3 Acceptance or Rejection. Acceptance shall not .occur until the software has adequately passed the acceptance test set forth in the preceding subs’ection 5.2 and CITY has received all of the deliverable associated with this purchase and license. CITY shall notify PSSI in writing immediately upon completion of the final sofhvare acceptance test. The payment associated with sof’cware acceptance due form CITY will be due and payable as set forth in Section 3 upon satisfa..ctory completion of the acceptance test and receipt of all deliverables. If PSSI fails to provide software or other deliverables meeting CITY requirements within the time lines set forth in this Agreement, or, if the sofhvare does not function in a manner that is acceptable to CITY in the normal daily operating environment within the acceptance test ’ period, CITY shall have the option, upon notice to PSSI, to: Cancel this Agreemen[, whereupon, PSSI shall return to CITY all sums heretofore paid by CITY and CITY shall have no further obligations thereunder, in which event PSSI shall be entitled to return any software and any documentation therefore delivered to CITY; or Accept the Product at its then level of performance; or Permit the a~ceptance phase to be extended for such period as agreed upon by CITY in writing; or do Accept those portions of the Product which pass the acceptance criteria and require PSSI to correct the remaining portions, in which event CITY shall not be liable for any payments for such remaining portions until they have passed the acceptance tests; or e.Pursue such remedies as may be available to CITY at law or in equity. Acceptance of the Pr(~duct by the CITY will not release PSSI from the requirements of correcting software defects in accordance with the terms of the warranties and maintenance set forth herein. SECTION 6. WARRANTY 6. l PSSI warrants that it has the right to grant the software license as described in this Aga’eement and that the so.rare is delivered and installed free of any claim of patent, trademark or copyright infringement. PSSI shall defend, at its expense, any action brought against CITY to the extent based on a claim that the use of the Product, within the scope of this Agreement, infringes any United States patent, trade secret or copyright or any intellectual property right granted by the State of California, and PSSI shall indemnify CITY from any costs, damages and fees finally awm’ded against CITY in such action which are attributable to such claim; provided that CITY notifies PSSI promptly in writing of the.claim, permits PSSI to defend or settle the claim and provides all available information, reasonable assistance and authority to enable PSSI to do so, provided PSSI reimburses CITY for such activity,. CITY shall have no authority to settle any claim on behalf of PSSI. PSSI shall have no liability for any claim of patent, trade ~ecret or copyright infringement based on the (i) use of other than the then-latest version of the Product from PSSI, if such infringement could have been avoided by the use of the latest version made available to CITY, but CITY, with knowledge of actual or possible infringement, chose to retain the prior version; or (it) use or combination of equipment with sofb,vare, hardware or other materials not provided by PSSI, unless such use has been agreed t(~ by PSSI and then only to the extent that such liability is based on the Products supplied by PSSI and not for any such liability as may relate to such other products. PSSI warrants that during the warranty period, for a period of one year f~om CITY’s acceptance, the Product will operate according to the Acceptance Criteria. If it is determined that the Product does not operate according to such specifications, PSSI shall, without further dharge or dost to CITY, provide such additional or substitute Product or modification of whatever kind as is necessary to the Product in order to meet the Acceptance Criteria, or CITY may exercise whatever options are set forth in Section 5 (within the acceptance period), at CITY’s sole option. 6.2 PSSI warrants that the Product shall meet or exceed the Acceptance Criteria during the warranty period, and agrees to replace or repair all defects at ho charge during said period, provided it shall have received reasonable notice of such defects, and provided the damage shal! not have been caused by willful act or negligence of CITY’s agents or employees. 6.3 PSSI represents and warrants accuracy in the processing of date and date related data (including, but not limited to, calculating, comparing, and sequencing) by all hardware, software, and firmware products or other time sensitive or reliant products delivered under this contract or agreement, individually and in combination, upon installation or use. Fault-free includes the manipulation of this data with dates prior to, through, and beyond January 1, 2000, (including leap year calculations), and shall befi-ansparent to the user. .6.4 PSSI warrants that its personnel assigned to fmaction during the term of this Agreement shall be qualified to perform PSSrs support obligations under this Agreement. All personnel (and any substitutes therefor) assigned to the performance of this Agreement shall be subject to approval of the CITY. Personnel whose conduct is incompetent, inefficient, or otherwise mmatisfactory to the CITY shall be replaced forthwith upon request. 6.5 In the event that CITY makes any changes or modifications to the licensed sofb~vare, CITY agrees, that such changes and modifications shall be the property of PSSI, unless PSSI shall have given its prior written consent to th~ contrary. Furthermore, any changes or modifications made by CITY to the licensed sofhvare, except in accordance with Section 4.1.b. will mean that the foregoing limited warranty of PSSI with respect to such licensed software shall no longer apply, and PSSI shall have the right to charge CITY for additional support services at PSSrs then prevailing service rate; however, PSSI shall have no obligation to provide such services. 6.6 EXCEPT AS SET FORTH ABOVE, NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY PSSI AND PSSI MAKES NO WARRANTIES WITH RESPECT TO HARDWARE EQUIPMENT OR WITH THE LICENSED. SOFTWARE OR FOR THE INSTALLATION THEREOF. IN NO EVENT WILL PSSI BE LIABLE TO CITY OR ANY OTHER PARTY FOR ANY LOSS, INCLUDING TIME, MONEY, GOODWILL AND CONSEQUENTLAL DAMAGES, WHICH MAY ARISE FROM THE USE, OPERATION OR MODFICATION OF THE HARDWARE OR SOFTWARE. 6.7 The foregoing limitations of paragraph 6.6 shall not limit PSSI’s liability for damages for personal injury, including death, or tangible property damage, as set forth in Section 10. Further, nothing contained in this. Agreement shall limit any cause of action arising between the parties which is based upon wrongful acts that are independent of this Agreement. SECTION 7.SOURCE CODE The Product shall include the software source code, object code, and any associated ’ files, tables, or programs required to recompile, if necessary. SECTION 8.TERM; AMENDMENTS 8.1 The initial term of this Agreement shall commence on the date of execution of this Agreement by CITY, and shall continue for one year following the date of final acceptance by CITY of the Product. The parties may, by mutual agreement, enter into subsequent agreements for extended maintenance of the Product. 8.2 The parties may, by mutual agreement, amend this Agreement to provide for additional hardware, software, or services related hereto. SECTION 9.TERMINATION 9.1 This Agreement may be terminated by either party upon thirty (30) days prior written notice if the other party has materially breached the provisions of this Agreement and has not cured stich breach within such notice period. 9.2 This Agreement may also be terminated by CITY prior to acceptance of the Product, in accordance with the provisions of-Section 5. 9.3 Upon termination, either party may pursue such remedies at law or in equity as may be available to it. SECTION 10. INDEMNITY PSSI agrees to protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from any and all demands, claims, or liability for injury or death of any-person, or property damage, caused by or arising out of PSSrs, its officers’, agents’, subcontractors’ or employees’ negligent acts or omissions, or willful misconduct in the performance of its. obligations under this Agreement. 6 SECTION 11 INSUKANCE 11.1 PSSI, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "E" insuring not only PSSI, but also, with the exception of workers’ compensation, and employer’s liability insurance, naming CITY as an additional insured concerning PSSI’s performance under this Agreement. 11.2 All insurance coverage required hereunder .will be provided through carriers with Best’s Key Rating Guide ratings of A:X or higher which are admitted to transact insurance business in the State of California. Any and all contractors of PSSI retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. , 11.3 Certificates of such,insurance shall be filed with CITY concurrentb, with the execution of this Agreement. The certificates will be subject to the approval of CITY’s risk manager and will contain an endorsement sta.ting that the insurance is primary, coverage and will not be canceled or altered by the insurer except after filing with CITY’s City Clerk thirty (30) days’ prior written notice of such cancellation or alteration, and that the City of Palo Alto is named as an additional insured except in policies of workers’ compensation and employer’s liability insurance. Current certificates of such insurance will be kept on file at all times during the term of this Agreement with the City Clerk. 11.4 The procuring of such required policy or policies of insurance will not be construed to limit PSSrs liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstai~ding the policy or policies Of insurance, PSSI will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. 11.5 PSSI, by executing this Agreement, cer[ifies that it is aware of the provisions of the Labor Code of the State of California which require every empldyer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of t~hat Code, and certifies that it will comply with such provisions, as applicable, before commencing the performance of its obligations under the Agreement. .SECTION 12. WORKERS’ COMPENSATION PSSI, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as’ applicable, before commencing the , performance of its obligations under the Agreement. 7 SECTION 13. ASSIGNMENT PSSI shall not assign or subcontract the services to be provided by it under this Agreement, and no assignment of this Agreement or subcontracting .of the services to be provided under this Agreement or any right or interest therein by PSSI shall be effective, without the prior written consent by CITY of such assignment or subcontract, which consent will not be unreasonably withheld. The performance of the Agreement by PSSI is of the essence of the Agreement. In the ¯ event of any assigmaent or subcontract, PSSI shall remain primarily liable for all of its obligations under this Agreement. Notwithstanding the foregoing, it is the intent and understanding of the parties that [he hardware provided by PSSI under this Agreement will be manufactured by other entities, for which PSSI will function as reseller. SECTION 14. WAIVER No waiver of any breach of any term or condition of this Agreement shall be construed to waive any subsequent breach of the same or any other term or condition of this Agreement. ..~ ~ SECTION 15. CONFLICT OF INTEREST 15.1 In accepting this Agreement, PSSI covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which woald conflict in any manner or degree with the performance of the Services. 15.2 PSSI further covenants that, in the performance of this Agreement, it .will not employ any contractor or person having such an interest. PSSI certifies that no person, who has or wiI1 have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the ’State of California. SECTION ! 6.NONDISCRIMINATION 16.1 As set forth in the Palo Alto Municipal Code, no discrimination will be made in the employment of any person under this Agreement because of the age, race, Color, national origin, ancestry, religion, disability, sexual preference or gender of that person. If the value of this Agreement is, or may be; five thousand dollars ($5,000) or more, PSSI agrees to meet all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in employment, including completing the requisite form furnished by CITY and set forth in Exhibit "F". 16.2 PSSI agrees that each agreement for services with an independent provider will contain a provision substantially as foliows: [Name of Provider) will provide PSSI with a certificate stating that [Name of Provider] is currently in compliance with all Federal and State of California laws covering nondiscrimination in employment; and that [Name of Provider) will not discriminate in the employment of any person under this agreement because of the age, race, - color, national origin, ancestry religion, disability, sexual preference or gender of such person." 16.3 If P SSI is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices’Act or similar provisions of Federal law or executive order in the performance of this Agreement, it will be in default of this Agreement. Thereupon, CITY will have the power to cancel or suspend this Agreement, in whole or in part, or to deduct the sum of twenty-five dollars ($25) for each person for each calendar day during_which such person was subjected to acts of discrimination, as damages for breach of agreement, or both. Only a finding of the State of California Fair Employrn.ent Practices Commission or the equivalent federal agency or officer will constitute evidence of a breachof this Agreement. 16.4 IfPSSI is in default of the nondiscrimination provisions of this Agreement, PSSI will be found in material breach of this Agreement. Thereupon, CITY will have the power to cancel ’ or suspend this Agreement, in wholeor in part, or to deduct from the amount payable to Pssi the sum of two hundred fifty dollars. ($250) for each calendar day during which PSSI is not in compliance with this provision as damages for breach of agreement, or both. SECTION 17.FORCE MIAJEUR_E The parties will exercise every reasonable effort to meet their respective obligations hereunder, but either party shall be excused from the performance of any of its covenants or agreements hereunder and stich party’s nonperformance shall not be a default or grounds for termination of this Agreement for any period to the extent that such party is prevented, hindered or delayed for any period not in excess of thirty (30) days from performing any of.its covenants or agreements, in whole or in part, as a result of an act of God, war, civil disturbance, court order, labor dispute or other cause beyond that part~s reasonable control, including without limitation, any denial of access to the CITY’s facilities. The parties hereby agree to use their reasonable efforts to remedy the effect caused by the occurrence of the event giving rise to a party’s nonperformance of its covenants or agreements under this section. Ttie parties agree to provide prompt notice to the other party to the extent that either party is relying on the provisions of this Section for its failure to perform any of its covenants or agreements hereunder. SECTION 18. CONFIDENTIALITY 18. I. The parties acknowledge that in the course of performing the responsibilities under this Agreement, they each may be exposed to or acquire information that is proprietary to or confidential to the other party or its affiliated compardes or their clients. Any and all information of one party in any form obtained by the other party, or its employees, age.nts or representatives in the performance of this Agreement shall be deemed to be confidential and proprietary information of such party. The parties agree to hold such information in strict confidence and not to copy, reproduce, sell, assign, license, market, transfer, give or otherwise disclose such information to third parties or to use such information for any purposes whatsoever, without the express written permission of the other party, other than for the provision of services under this Agreement. The parties agree to advise each of their employees, agents, and representatives of their obligations to keep such information Confidential. All such confidential and proprietary information described herein and any deliverable provided hereunder, in whatever form, are hereinafler collectively referred to as "Confidential Information." The parties sh~ll use their reasonable efforts to assist each other in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limitation of the foregoing, the parties shall use reasonable efforts to advise each other immediately in the event that either "learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Agreement, and will reasonably cooperate in ~eeking relief against any such person. 18.2 Notwithstanding the obligations set forth in S ectionlS.1, the confidentiality obligations of the parties shall not extend to information that: is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than receiving party; was known to the receiving party as of the time of its disclosure; or is independently developed by the receiving party; or is subsequently learned from a third party not under a confidentiality obligation to the providing party; or is required to be disclosed pursuant to court order or government whereupon the receiving party shall provide notice to the other party prior to such disclosure. SECTION 19. NOTICES All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY:Office of the Clerk City of Palo Alto Post’Office Box 10250 Palo Alto, CA 94303 With copies To:Business Analyst Palo Alto Police Department Post Office Box 10250 Palo Alto, CA 94303 10 and to:Manager of Information Technology City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 To PSSI:4401 Nicole Drive Lanham, MD 20706 ATTN: Howard Robertson, Marketing Director SECTION 20.MISCELLANEOUS PROVISIONS 20.1 PSSI represents and warrants that it has knowledge of the requirements of the Americans with Disabilities Act of 1990, and the Governrnent Code and the Health and Safety Code of the State of California, relating to access to public buildings and accommodations for disabled per.sons, and relating to facilities for disabled persons. PSSI will comply with or ensure by its advice that compliance with such provisions will be effected in the performance of this Agreement. 20.2 This Agreement will be governed by the laws of the State of California, excluding its conflicts of law. 20.3 In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California or in the United States District Courtfor ¯ the Northern District of California in the County of Santa .Clara, State of California. 20.4 The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. 20.5 If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions .of this Agreement and any amendments thereto will remain in full force and effect. 20.6 All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 20.7 This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one and the same instrument.. 11 20.8 This document represents the entire and integrated agreement between the parties and supersedes all prior riegotiations, representations, and contracts, either written or oral. If CITY is required to sign an order form or other preprinted document from PSSI, the parties understand and agree that to the extent of any conflict between such other form or document and this document, this document shall prevail. This document may be amended only by a written instrument, which is signed by the parties. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. Senior Asst. Ci~A~ey \ OVED !Police Director of Admirffstrative Serv~,~s Insurance Review ,,:~’~ CITY OF PALO ALTO Assi City Manager PUBLIC SAFETY SYSTEMS, INC. Its: ~~ Taxpayer’s I.D. No. _54-1302472. 12 SCOPE OF WORK 1/20/99 K:kRMSkP S SI-FINAL~COPE3 .DOC P1 01120/99 Contents: 1.0 Records Managemdnt Functional Requirements 1.1 Overview 1.2 RMS General Features 1.3 Database Functions 1,4 Workgroup Functions 1.5 Mobile Computing ¯1.6 Infon-nation Retrieval 1,7 Data extraction and Reporting 2. 0 Integration and Inter, aces 3.0 Data Conversion 4. 0 Support Services 5.0 Training 6. 0 Documentation 7. 0 _Roles and Responsibilities 8.0 Installation and fmplementation 9. 0 Acceptance Criteria Appendix A - Sample of Police Report Forms , Appendix B - Data Item Records K:kRMSkPSSI-FINAL~SCOPE3,DOC P2 01/20/99 Exhibit "A" SCOPE OF WORK 1.0 Records Management Functional Requirements," 1.1 Overview PSSI will install ICIS, a comprehensive automated Records Management and Information system (RMS) to support the Department’s need for collecting, analyzing, storing and. disseminating police records information. ICIS will be integrated with PSSI’s Computer Aided Dispatch (CAD) system and tightly coupled with other .existing applications as detailed in this document. This project is comprised of three, timed phases as identified t~oughout this scope of work: Phase 1: Implementation of the basic ICIS application, including data conversion of existing data, to be completed by July1, 1999. Phase 2: Implemeniation of essential features required, t.o be completed by December 31, 1999. Essential features include a mobile application, which will be offered as part of the PSSI soiL,care suite. Phase 3: Implementation of desired features, to be completed by July 1, 2000. Desired features include the integration of internal and external law enforcement and related data- b~ses. PSSI will work closely with the City to provide Project Management, application sof~zvvare, custom modification, integration and interface sotLvare; testing, training, documentation, data conversion, setup of the records server (included in CAD scope of work) and any other services necessary to provide the City with a state of the art public safety system soLware solution. 1.2 ICIS General Features NOTE: The features described below are Phase 1 requirements unless specifically excluded and rephased. 1.2.1 Complete System ICIS will be a comprehensive and complete, easy to use, multi-user, network ready sot’cware application containing the following integrated modules: offense, K:LRMS’5’SSI-FINALkSCOPE3.DOC P3 01/20/99 traf~c accidents, citations, master master vehicle, EITCStS, involved p~ies, master location, su;pects, field contacts, w~ts ~d w~ts, booing, prope~, veNcle, ~o~ offender, case m~agement,. m~cipal corns, _ perso~el, a~iNs~ative, repots, ~d calls for se~ice. 1.2.2. State-@the-Art/Open System PSSI will instaI1 a system running on the Windows NT operating system and utilizing existing PCs as workstations at the client end. The server software will be written in Visual Basic utilizing Microsoft SQL Server relational database processing program. 1.2. 3 Ease of Use- General Features PSSI’s ICIS program wil! utilize the following Window’s standards and features: 1.2.3.1 Customization The syst.em will make use of extensive configuration options and code table references to enhance accuracy and allow the Department to modify data elements to meet the Depar~ent’s needs. 1.2.3.2 Flexibility Although the system’s rnodules will currently not allow for the use of multiple document interface to permit the user to display multiple copies of forms at the same time, the Department has requested this feature to be added to the ICIS enhancement list as a top priority. PSSI will keep the Department informed of a projected upgrade date for this feature. K:~aMS~ S SI-FINAL\SCOPE3 .DOC P4 01/20/99 1.2.3.4 Ease of use The system will provide context sensitive help and operational "Definition" windows to help clarify the intent of a ~ser field. Documentation will be available on-line.. Fields that appear in different modules on different forms will appear in the same format in all modules. Buttons, floating button bars and other graphical aids will be likewise consistent between the different modules. The system will adhere to standard Windows update conventions, and functions may be performed by using the keyboard, shortcut keys or a mouse. (Ex: pressing the enter key will provoke the same action as using the mouse and clicking on "add,") The system will employ a "quick-fill". feature (using the f2 key) in the table selection list to speed up data entry. This quick fill feature, taken f~om existing data, should be modifiable in the event that some of the information is no longer current in the new record. The system will also automatically pre-fill and default such data elements as "CA" in address fields and license number information fields,- (modifiable) to redude data entry on standard fields. All "State" fields throughout the Department’s version of ICIS will be defaulted to.CA. In the Offense module, the "City" field will default to Palo Alto, but can be overwritten by the operator. 1.2.3.5 Spell checker The system will provide the operator with the ability to spell check their work in the narrative sections bfthe system. A customizable dictionary is ~ also available so that common abbreviations and law enforcement specific terms can be properly validated. 1.2.3.6 Query,reporting and exporting of data The system will have an easy to use query form to search for, recall and produce hard copy reports. The system will have the ability to export/import data into/~om common file formats; the City standard for word processing is WordPerfect and for.spreadsheets is Lotus 123, " however, a change to Microsoft’s Office Suite is anticipated. 1.2.3,7 Faxing (Phase 3) The system will have the ability to fax police reports directly from the database after having been review.ed; it will log the report number, the number and pages faxed, the recipient a~d the staffperson performing the faxing. 1.2.3.8 Ability to "redact" (Phase 3) K:hRIvISkPS SI-FINAL~S COPE3 .DOC P5 01/20/99 The system will have the ability to "redact" or black out/remove specific information prior to printing or faxing a report by using a pen-tool. It will keep an audit list of the report number and person having redacted information. 1.2.3.9 Sealings The system will have’ the ability to seal (delete) specific records and police reports wheri so directed by court orders. 1.2.3.10 Purging The system Wil! allow for easy purging of all associated records when the time parameters (purge codes) as defined by the Department indicate such purging is necessary. A report is required to identify all records to be purged and can be sorted in a variety of ways. Purging jobs should not require the system to be down. 1.3 Database Functions 1.3.1 Master name index (MNI) The Master Name Index will be a master reference for a person and provide the user with the ability to capture basic ider~tifying information about a person; permit the ability to track a person’s address and telephone number history and any alias names that the person has been known to use. It will also.utilize a Known Offender concept where specific traits and characteristics about a subject can be maintained and allow for the storage and retrieva! of multiple photos of the subject referenced by date. An involvement table, showing the involvements and date of involvement, maintains a linkage to each source document that created the involvement connected to each master name record. Names can also be entered through the following modules: Involved Parties, Arrests, Suspects, Known Offenders, Field Contacts, Booking, Wants/Warrants,. Municipal Courts and Citation. When names are entered through these modules, an examination process will be performed which enables the operator to. review same or similar sounding names (using a soundex routine) to determine if the name already exists in the MNI, and then either link the incident to an existing name or create a new MNI record. Further., the MN-I will include the ability to track such tt~.’ngs as address changes, date of birth changes, physical descriptions, and Method of Operation characteristics. It will provide the ability to manually attach "flags" (up to 5) to provide specific ¯ information when reviewing a name. Names flagged, will be differentiated in some m ~armer upon review (bIinking, different color) to alert the user. Names in the master file index will be differentiated as being a person or a business name. The system also will have the ability to differentiate subjects as adults or juveniles and calculate the designation from the subject’s DOB. The system will have the ability to merge master name records online, real-time, as even K:LRMS~P SSI-FINAL~SCOP E3 .DOC P6 01/20/~9 1.3.2 in the best managed systems, and due to incomplete information, several records for the same person might be entered at any time. Pt~ase 3: The sygtem will be able to cross-reference other databases. The MNI should provide the operator the opportunity to search external databases when conducting a name search. The following are databases that a MNI search should be capable of accessing: , "4 CLETS/NCIC .4 CJ-IC-II/SLETS .4 AFIS .4 TFP booking photo system Specific integration issues are detailed in section 2.0 - Integration and Interfaces. Master Vehicle Index The Master Vehicle Index will function similarly to the MNI and provide a chronological view of all references to a specific vetficle regardless of the activity that created it, and link to specific detail records. Once a vehicle is entered, all future involvements must be linked to this record without creating a new record. Vehicle information can be captured from the following modules Arrests, Booking, Citations, Vehicle, Field Contacts, Known Offender, Wants/Warrants, Involved Parties,, Suspects, and is linked to the Accident module. In Phase 3, the system will also be able to cross reference other databases, and will give the operator the oppommity, when coffduction a vehicle search, to search external databases as well as the local vehicle database. The following are the databases the Vehicle Master Index will be capable of accessing: "4 CLETS/DMV "4 CJIC-E/SLETS "4 parking Citation System Specific integration issues are detailed in section 2.0 - Integration and Interfaces. 1.3.3 Master Location Index The Master Location Index will be custom programmed for the Department and be delivered in Phase 1, as part of the base package implementation. It will provide in a chronological view all references to a specific location regardless of the activity or occurrence that created it, and link to specific detail records. The premise or location index will function in the same manner as the Master Name Index and the Master Vehicle Index. The index will allowthe user to attach activities to a specific location or address. Retrieval will be for specific addresses, block ranges, and by date and date range. Address information can be captured from a number of modules and will be linked to the following: accidents, citations, arrest, suspects, field contacts, master name, offense, [~Ellmaster vehicle, calls for service. Information will be entered in two ways: (1) Automatically when information is entered into one of the above listed K:KRMSkPS SI-FINALkSCOPE3 .DOC P7 01/20/99 (2) modules (i.e. any and all modules containing location information.) Manually when a need arises to place information into the system .p~rtaining to a specific address. 1,3.4 Calls for Service (CFS) The system will be able to obtain calls for service information from the PSSI CAD system automatically as soon as an incident is closed in CAD. Information captured will include location, type of event, event number, date and time, priority level, geographic coverage information, caller information, related agency information, incident time information (Egl 1 call receive, unit dispatch, arrive, etc.) responding offiger information and disposition. The CFS module will provide a direct link to the entire system to aid iri the completion of the reports related to the events. [zz2l The operator will be abIe to easily move between the above modules with information being shared between all and absent of any redundant data entry. 1.3.5 Off eBs e This module will capture all information.pe~aining to a police incident. The system will be able to allow for the entry, processing, storage, and review of all incidents whether called in, collected in the station or by officers in the field. Simiiar to other modules, all related people, vehicles, and prope~-y will be linked directly ~o that associations are maintained. This module will be dkectly linked to the PropeY~y, Vehicle, ~volved Parties, and Arrest. Modus operandi information (MO) can be captured in the Known Offender and Suspect modules. The incident information can also’ be used in the Case Management module to utilize a solvability rating system. The Offense module allows for the multiple input of suspect and suspect vehicle information, and missing persons’ specific information. The system will require access and linki to other modules including Master Name Index, Master Location Ndex, Property, Arrests, Vehicle, Field Contact, Citations, and Involved Parties. 1.3.6 Traffic Accidents The system must have the ability to. capture basic information found on the Department’s accident form, including basic data concerning the location, weather, road, and traffic conditions, unlimited number of associated vehicles and persons, and their roles in the accident. User-defined code tables as well as user-defined fields for specific dated collection of information must be available for consistency and accuracy. (In Phase 2, the Department’s vehicle computers are loaded with the California Highway Patrol’s Forms 555 and 556. This information will be uploadable into the RMS.) The module will require the linkages to the citations, Vehicle and Involved Parties modules. The operator will be able to easily move between the above modules with information being shared between all and absent of any redundant data entry. For example, entry of a traffic, accident report will p.rovide links to the vehicle index; if the vehicle was K:kRMSkPSSI-FINAL’,SCOPE3,DOC P8 01/20/99 previously entered, it will require updates to the Master Vehicle Index with the latest involvement information." This is also true for name information. Additionally, if the accident resulted in ~itations being issued common data from the accident module wiI1 be automatically available when the citation is entered. ,. The accident module will have the ability and provide for the attaching of sketches of the accident via third party sot~ware to be determined. Graphical representatioh of accident locations will be downloaded from the City’s GIS when available. In Phase 2, the accident module will also be able to access and cross reference external systems for information. The f.ollowing is a listing of the external database access required: ~ CLETS/DMVfNCIC "~ CJIC-II/SLETS Specific integration issues are detailed in section 2.0 - Integration and Interfaces. 1.3.7 Arrests The arrest module must capture basic information about arrested subjects, location and reason for arrest. The information entered must be sufficient to satisfy State and Fedei:al reporting requirements for UCR/BCS, Arrest and Citation register.. The Arrest module. will be Used as’ an investigative tool by providing information pertaining to the specific individual and the method of operation (MO). It must alIow for input of multiple charges and the ability to input drunk driving specific information. The system requires linkages to other modules including-the Master Name Index, Master Location Index,Wants and Warrants, Master Vehicle Index, and, Offense. In Phase 2, the system will give th’e operator the opportunity to cross reference and access external databases, including: ~] CLETS/NClC ~ CJ-IC-II/SLETS Specific integration issues are detailed in section 2.0 - Integration and Interfaces. 1.3.8 Property The Department is currently investigating the use of bar coding in the property and evidence room and has identified QueTel as the most appropriate system to fit the Department’s needs. Integration with QueTel’s system will be achieved by QueTel. The Property module will provide a comprehensive mechanism for identifying, tracking " and viewing of property and all movement of property handled by the Department. The ~ystem will include the capability to use bar codes to track items upon receipt into the property and evidence room and throughout its existence. It must have the ability to employ code tables to categorize items as well as uniquely describe them, including a value given at time of receipt. Additionally, extensive, automated reporting will be required to identify property ready for destruction, disposal, auction, etc. The system will require linkages to the Master Name and Master Location modules. Integration of PSSI’s property module will be contracted to QueTel. In Phase 2, the system will be able to cross reference to external databases including: K:kRMSkPSS I-FINALkS COPE3 .DOC P9 01/20/99 1.3.9 .4 CLETS/NCIC "4 CJIC-II/SLETS Specific integration issues are detailed in section 2.0 --Int.egration and Interfaces. Field Contacts (Field Interviews) The Field Contact module (FC) will capture and index information collected at various in-field contacts. The FC module will be linked to the Master Name Index, Vehicle Index, Master Location Index, etc; it will allow for input of information relating to the date, time and location of the contact as weI1 as who was contacted, vehicles associated v~ith the contact and why the contact was made. It will provide for the entry of multiple persons associated with a single FC. In Phase 2, the FC module will be able of accessing additional externa! databas.es: ..4 CLETS/NCIC "4 CJIC-II/SLETS Specific integration issues are detailed in section 2.0 - Integration and Interfaces. 1.3.10 Citations The Citation module must capture information and index the information found on the .Department’s traffic citation form. The module will be linked to the arrest module, since in many cases the Department, will use "arrest and cite" rather than book a subject. Information relating to persons, vehicles, locations and offenses/violations will be captured. The system will be linked to the Master Name Index, Master Vehicle Index and the Master Location Index. In Phase 2, it will also be able of accessing external databases: .4 CLETS/NCIC .4 CJIC-WSLETS Specific integration issues are detailed in section 2.0 - Integration and Interfaces. 1.3.11 Wants/Warrants The Wants/Warrants module will track the various types of arrests and bench wan:ants issued by the court. This module wilI track warrant document information as well as the name, address and description of the person for whichkthe warrant has been issued. It will contain the ability to enter related service attempts for due diligence support. In Phase 2, once input into ICIS, the operator will have the choice to forward the data to AWS and CJIC. The system will further allow fo~ the automatic generation of a warrant letter as soon as a warrant is processed. The module wil! be linked to the Master Name Index, Master Vehicle Index, and Master Location Index. In Phase 2, this module will be able to access, cross-reference, and search external databases, including: .4 CLETS/NCIC .4 CJIC-WSLETS Specific integration issues are detailed in section 2.0 .- Integration and Interfaces. K:kRMS~SSI-FINAL~COPE3,DOC P10 01/20/99 1.3.12 Known Offenders/Registrants This module will be used to track and maintain a file of known sex offenders, narcotic and arson registrants. The Department will. provide PSSI with specific fields required for such tracking. An ad hoc report, can be developed to provide reports.to identify, registrants who have failed to register as required. Entries will be linked to the Master Name Index, Master Vehicle Index, Master Location Index. In Phase 2, this module will allow for linkage to the following external databases: .4 CLETS/NCIC "4 CJIC-II/SLETS Specific integration issues are detailed in section 2.0 -. Integration and Interfaces. 1.3.13 Community Policing (Phase3) This module will be used to track and maintain a file of known problems and situations that may or may not relate to criminal activity. Each problem or situation wi!l be identified by a common name and tracked from the date it was originally identified. The module will detail the exact definition of the problem, identify the coordinator and a specific sti:ategy to be implemented, as wellas track each activity performed in conjunction with the defined strategy. 1.3.14 Igorkgroup applications 1.3.14.1 Case management The system will provide the ability and tools for assigning of cases to multiple officers and detectives and track the status and progress for each assigned officer and/or detective. It will include reports that meas6re the status and completion of cases, actions taken blandliug a case, and other relevant information for the management of the investigative process. 1.3.14.2 Municipal Court The system will provide automated support for the capturing of basic municipal court information that will be associated with police records management. This includes information regarding associated fines, trial- related activity and location, individual information, associated vehicle, employment and military history. This module will be .automatically associated with the Master Name and Master Vehicle modules. The operator can. query this module at any time and use the captured information to generate management reports. If desired, PSSI can interface this module to a local court database at a future date and cost. 1.3.15 Mobile computing (Phase 2) The Department has duplicated most of its reports on Delrina Formflow and installed them on the computers in patrol vehicles and on desk-top computers in the station. After K:kRMS~SSI-FINALkSCOPE3.DOC PI 1 01/20/99 being completed, the report is ~aved on a floppy disk and printed in the station. ICIS will have a ~’mobile" version that allows for report generation in the field in the appropriate format for uploading into ~he RIVIS and subsequent printout in the current p.olice report format if necessary. t.3.14.1 General Requirements: CAD data will automatically pre-fill the appropriate rep6rt information when the report/incident number is selected data validation/edit on appropriate fields, including dates and numeric fields extensive use of drop down lists and automatic entry upon selection or direct entry of item with the appropriate validation data will not have to be re-entered on multiple screens related to a single repprt standard use of windows interface protocols including the use of function keys, layout, and .drop down lists, radio buttons, etc. ~run on Win95 or NT ¯application should have understandable errormessages with guidelines for corrective action word processing capabilities including spell checking, word wrap, character and line insertions and deletions, cut and paste, basic formatting and the ability to import graphics the application will provide for sufficient security measures to prevent unauthorized access. 1.3.15.2 Specific Requirements 1.3.15.2.1 Incident reporting The incident reporting software shall allow the officer to completeiy enter an incident report containing all of’the information to be captured in the Department’s incident reporting system. This application will handle the collection of data required to support the UCR and NIBRS reporting systems, and will perform all conditional edits and validations required. 1.3.15.2.2 Accident reporting The system will have the ability to capture all data required by the state accident reporting system. It will have the ability to incorporate narrative text. Drawings andTor graphic flies can be attached with the use of external software. 1.3.15.2.3 Field contact The system will have the ability to record data collected during a field K:’tRMS~PS SI-FINALkSCOPE3 .DOC P12 01/20/99 ,I interview, including the ability to embed graphic images. 1.3.15.3 Report transfer capabilities The vendor will provide the Department with the capability to transfer in- field genera.ted reports to a temporary review database in two manners: 1. Officers save in-field generated reports on a floppy disk’ and upon returning to the station or pre-determined work stations on the local area network, upload the data via vendor supplied sofb~vare. 2.Officers transfer reports from their vehicles to the temporary database via a mobile upload program. The system wii1 have the ability for a supervisor to retrieve newly received reports from the temporary database and upon approval, digitally sign them. Until approved, officers will have the ability to retrieve their own reports from the temporary database to make amendments, corrections and to print. Once approved, data entry shall have the responsibility to finalize the editing, validation and final transfer process into the RMS databases. 1.3.16 Information retrieval This section defines the requirements of the Department’s ability to turn data contained in the RMS into useful information. The ability to extract, operate on, and present information is a critical need for all organizational units of the Department. The RMS will support a variety of forms of data extraction and analysis to fully meet the operational objectives of the Department. The output required is defined in the following paragraphs. 1.3.16.1 Retrieval of information/records All incident, accident, arrest records and others will be contained in the RMN and retrievabIe for viewing and printing, if needed into the appropriate Palo Alto PD report form formats. See Appendix A, for sample departmental report forms. In addition to the capability to view and print cases, it is desirable that selected work stations/staff are able to fax reports in the appropriate format to external organizations. Minimum search parameters leading to a selection of cases to view or print would include: - Any name associated with the case or event, including victim, suspect, witness, complainant, reporting officer, related business name, alias, or street name. -Strong soundex capability o Date and time ranges for when the event occurred or was reported -Vehicles associated -Specific addresses or address ranges K:~RMS~P SSI-FINAL\SCOPE3.DOC P13 01./20199 -Other-geographical boundaries such as beat or community neighborhood -Selected characteristics of the event, including crime type -Other agency deft_ned fields. -By officer id 1.3.16.2 Reports, summary and data 1,.3.16.2.1 State and Federally Mandated Reports The system will automatically generate Uniform Crime Reports (UCR) in the format designated by the State of California Bureau of Criminal Statistics., The system will also be able to capture the data necessary to support the National Incident-B ased Reporting System (NIBRS) developed by the FBI and must be capable of modification in order to support future California additions to NIBRS.~ Until such time that California implements NIBRS, the following reports must be available for UCR reporting: []Arrest and Citation Register Adult. []Arrest and Citation Register Juvenile []Return A - Monthly Return of Offenses [] ....Return A- Property Stolen by Classification []Return A - Additional Analysis of Larceny and Auto Theft []Supplement to Return A - Property by Type and Value []Monthly Return of Arson Offenses []Domestic Violenee Related Calls for Assistance []Number of Violent Crimes Committed Against Senior Citizens []Supplementary Homicide Report []Law Enforcement Officers Killed or Assaulted []Arson Offenses Known to Law Enforcement []Comparative Crime Statistics, this year vs. last []Hate Crime Statistical reports 1.3.16.2.2 Management Reports The system will provide a set ofpre-defined management reports that can be modified by the user and printed on demand. In Phase 3, reports will be sorted and data exported to the City’s GIS maps. Refer to Section 2.0 for integration requirements. Reports will be routeable to and printable at any LaserJet printer in the Department. The system will also be able to produce detail and summary reports for accident, citation, incident, warrant, property, and administrative and productivity reports (incidents entered but , K:kR.MSkPSSI-FINAL~S COPE3 .DOC P14 01/20199 riot signed off, etc.) ! .3.16.2.3 Ad-hoc reports The system will be able to generate ad hoc reports that cover al! data contained in the databases to satisfy one-time and periodic report requirements. Once a specific ad hoc report has been generated, .the user wili have the ability to save the reporting parameters for future use or modification. 1.3.17 1.3.18 Downloading (Data extraction) Police staffwill be able to have access to portions of ICIS information in such a way as to allow further analysis of data and the presentation in statistical or graphical format. Selected portions of the database can be downloaded and automatically load data inserted in to analysis tools such as Microsof~ Excel, Lotus, or other analysis and graphing tools. The downloading process.will be easy and not require prior knowledge of any particular .syntax to execute. Particularly important is the ability to export the information to the City’s GIS to perform pin mapping and geographical analysis, Geofile In Phase 3, ICIS will have the ability to verify addresses and location information. Whenever an address is entered it will be verified against a Geofile to ensure the accuracy of the data. With the inclusion of the mapping capabilities a Geofile is critical. The Department is currently in the process of establishing a Geofile during the implementation of the CAD system. TO eliminate dual data maintenance, the CAD Geofile wil! be used in validating RMS locations and addresses. 2. 0 Integration and Interfaces 2. O. 1 Internal Police Systems The system will interface with the following Police systems as described below: 2.0.1.1 PSSI’s "RESPONSE" CAD system to be implemented FY 98/99. 2.0.1.2 Property and Evidence Barcode System Vendor: QueTel (http://www,quetel.com) ’Contact:Lyrme Black ~ Western Region Sales 1401 Shasta St. Suisun, CA 94585 707-426-3673 The Department is currently investigating the acquisition of a Barcode K:kRMS~P SSI-FINALL~COPE3 .DOC P 15 01/20/99 Evidence and Property Tracking System to facilitate the tracking of evidence and property items. The proposed networked system by QueTel, (NT) will be integrated with ICIS to avoid duplication of data entry yet allow for the proper preparat.ion ofUCRs. QueTel will be responsible for data transfer to ICIS. 2.0.1.3 CUFFS - Computerized Up-to-Date-Fast-File-System - Vendor:CDB I.nfotech Contact:Michael Hancock (mhancock@cdb.com) Six Hutton Centre Santa Ana, CA 92~/07 714.708.2000 x674 The, Del~artment, in a public-private partnership with Hewlett-Packard implemented an optical imaging system in 1993. All police reports are scanned onto optical disk and are retrievable bydate or case number on police work stations, The interface will provide the user with the following capabilities: when reviewing a case in ICIS, ICIS will automatically search the CLIFFS database for the case number and display a flag (blinking button?) when the case numbers match and entries exist in CUFFS allow the user to click on the flag whereby a new, separate window opens which displays the case folders and items available for review from CUFFS. 2.0,2 External Police databases 2.0.2.1 SLETS - Santa Clara Law Enforcement Telecommunications System Contact: Gil Villapana Santa Clara County Data Processing 408.299.3196 The SLETS system is a criminal justice information message switch provided by Santa Clara County. This message switch provides access .to CLETS (California Law Enforcement Telecommunications System), NCIC (National Crime Information Center), and other law enforcement computers. SLETS is maintained by Planning Research Corporation (PRC). The message switch operates on a Digital Equipment Corporation (DEC) VAX cluster computers operating under the VMS operating system. The switch is located on Younger Avenue in San Jose. ¯ Department staffusing ICIS will have the option to connect, review and update databases available through SLETS without performing redundant K:kRMSkPSSI-FINAL\S COPE3 .DOC P16 01/20/99 2,0.2.2 data entry. CJIC-II - Santa Clara County Criminal Justice InformationControl The CJIC-II system is a Criminal Justice information system provided by Santa Clara County. The system operates on an IBM mainframe computer that is provided for and maintained by Santa Clara County personnel. The system is located at the County’s Berger Drive facility. The Department, in addition to severaldirect connect terminals, has installed a 3270 emulation program on 10 of its workstations to access CYlC information. Department staffusing ICIS will have the option to Connect, review and update databases available through SLETS without performing redundant data entry. 2.0.2.3 2.0.2.4 TFP - Booking Photo System Vendor and Support: Printrak International Inc, Anaheim, CA. Contact: Becky Houston 864-286-8889 The Department accesses the Santa Clara County Department of Correction’s (DOC) booking photo data base via a dial up modem line to San Jose to perform searches and photo line ups. One PC, runrdng NT3.5 is dedicated to this purpose. Department staff using ICIS will have the option to connect, select and review booking photos from their work stations. PIN/AWS - Police Information Network/Automated Warrant System The Alameda County PIN system is a Bay Area wants and warrants tracking system administered by the Alameda County Sheriff’s Office. The system will be replaced by AWS in late 1998. Integration for Santa Clara County agencies will be the responsibility of the Santa Clara County Data Processing Center. 2.0.2.5AFIS - Automated Fingerprint Identification System (Printrak, Int.) See contact information above. Santa Clara County is in the process of installing fingerprint workstations in each" Police Department to allow for access to and entry into the County’s fingerprint. Department staffusing ICIS will have the option to connect and review AFIS information without performing redundant data entry. (Scope to be determined) 2.1.0 City Systems 2.1.1.1 GIS-.Geographic Information System Vendor: Graphic Design Systems, Englewood, CO Contact: Dave Matson K:kR.MS~SS IoFINAL~S COPE3 .DOC PI7 ,01120/99 City of Palo Alto Information Technology 650-329-2296 The City has implemented a GIS system to’ support rapid access to a wide variety of City data and maps. Located on a DEC Alpha server running open VMS the system will connect to an Oracle database. Department staffusing ICIS will have the option to connect with GIS and load information captured in ICIS to GIS to provide geographical statistics for management and punic reporting, without performing redundant data 3.0 Data conversion requirements The Department’s existing RMS contains invaluable data concerning police incidents, information, which must be converted. See AppendixB for approximate data item record numbers. PSSI will utilize data conversion programs to transfer existing information to ICIS. A test run will be performed prior to final conversion to identify any potential problems with either the hardware or software. Final data.conversion will occur just prior to switchover to ICIS. 4. 0 Training The PSSI Training Coordinator will be responsible for ensuring that all documentation and training needs of the City are met per the specifications outlined in this SOW. The training phase may overlap several of the other implementation phases because training is needed on different pieces of the total system at different times. However, this phase will include the following training: Administrative Training PSSI will conduct administrative training for City personnel designated to set up the administrative sub-systems of the P_MS systems. Prior to administrative training, existing departmental data will be converted and available for training. At the conclusion of this file building process, PSSI recommends that the City back up the table data and send it to the PSSI office. At this time, the teclmical personnel assigned to the’ project will review the table data and perform a table check. After successful completion of this table check, the PSSI Training Coordinator will then work with the City to schedule the End User training. End-User TrainingS_Train the Trainer The Department will select a group of individuals who will be responsible for the training of the overall staff. The PSSI training program is designed to provide complete familiarization with the systems functionality. Personnel will be trained on data entry, K:LRMSkP S SI-FINAL\SC~3PE3 .DOC 01/20/99 editing, and inquiry capabilities. Formal classroom instruction will be complemented with hands-on experience. Each participant will receive a manual providing an in-depth description of all of the functionality contained in the system. Training will be scheduled after the successful test of data conversion and prior to implementation and will last approximately three days. The ICIS trainer will be on site to perform all application training. The Department will be responsible fo# providing a training room with computers for hands-on training, In addition to the initial training provided with the proposal and implementation of the system, PSSI offers follow-up training for the City’s future needs. Support Services PSSI will provide software support for the ICIS application software. After the warranty period (1 year from acceptance) the City will enter into a maintenance agreement with PSSI. 5.1 Hardware Support The City has contracted with PSSI to purchase, install, and maintain a records server as part of the CAD project. This existing CAD contract wi11 cover maintenance for this server. The initial warranty costs are included in proposed cost of the server. Any additional warranty costs will be covered by the City. Once the warranty expires, the City will be responsible for renewing the warranty, if desired. 5.2 Software Support PSSI’s warranty agreement provides unlimited application sof’cware/interface software support for 12 montt:~ following system acceptance. PSSI will provide the correction of reproducible sofavare errors and enhancements released during the warranty period. Upon expiration of the warranty period, the City of Palo Alto expects to enter into a support agreement directly with PSSI for ongoing ICIS system maintenance. PSSI will ensure that adequate support is provided during software upgrades, or similar situations. PSSI will provide support to ICIS users during normal business hours (Eastern Time 8:30 a.m. to 6:00 p.m.) Monday through Friday, except holidays. Unlimited telephone and dial up modem support will be provided, and PSSI will be onsite as necessary. A modem located in Palo Alto will be available for remote diagnostics so that PSSI may perform such diagnostics from their offices. .5.2.1 Source Code The source code for the system will be delivered to the City as part of the base package. This source code is proprietary in nature and will be solely used by the City. It will not reproduced or distributed by the City. 5.2.2 Program Product Update Releases As part of the standard maintenance contract, PSSI will provide releases of the .K:kRMS~PSSI-FINAL~SCOPE3.DOC P 1’9 01/20/99 ICIS software to the City free of charge. These new versions of sof’cware will be updated and installed on a periodic basis and will help keep the Cii-y running on the software as other customers. 5.3 Information Services PSSI will act as the prime contractor to supply the software and services to implement ICIS and perform the functions necessary to provide the functionality as outlined in this scope of~vork. PSSI will further act as the prime in!egrator for internal City applications and external law enforcement database access through ICI$, with the exception of QueTel’s Property and Evidence system, which will be integrated by QueTel and any Other third party program as deemed by the Department to enhance data collection and processing. 5.4 Users Group The City expects to be actively involved with PSSI’s nationwide users group as the users group plays a key role in determining what enhancements and software modifications will be included in new releases. In addition, the group provides inputto PSSI about new products and technologies they would like to see offered by the company. The group meets at least once a year to discuss systemenhancements, modifications, suggestions, and public safety issues, in general. 6. 0 Documentation PSSI will provide copies of the ICIS user manual to each participant in the training class. The manual will contain a description of available, standard records management functions and features with particular emphasis on the sections of retrieval and report generation. Documentation wi!l also be available on-line for instant recall by the user. 7, 0 Roles and Responsibilities The project will be planned for and maintained from the PSSI headquarters in Lanham, Maryland. This office contains the technical, managerial .and customer support personnel that will be assigned to this project. P SSI will dedicate personnel to the project b eginrfing with the assignment of a Project Manager. The Project Manager will be the City’s primary contact and will be responsible for the overall implementation of the project. In addition to the Project Manager, the appropriate number of Sog-ware Engineers, including those specializing in interfaces (if required), and a Training Coordinator will be responsible for different aspects of the overall project plan. Below is a general description of the personnel types assigned to the project and their associated responsibilities: 7.1 Project Manager This individual will be responsiblefor the total coordination of the project tasks and ensuring that. all technical aspects of the project are executed both in a timely manner and according to specifications. The Project Manager will be the primary contact for the City and will handle the K:’uRMS~P S SI-FINAL~COPE3 ,DOC P20 0’1/20/99 daily activities associated with such responsibility. He Will oversee the project team, coordinate the technical personnel assigned to the project, subcontractors, training personnel and any others necessary to install the hardware and provide the necessary documents, training and sofhvare functionality, as per the requirements. 7.2 Sofhvare Engineer This individual, or group of individuals, will work under direction of the Project Manager and wil! be responsible for the design, development or modification and the installation of the application sofhvare proposed. These individuals will incorporate the user requirements into a design document and will then implement these requirements. 7.3 Senior Systems Engineer/Analyst This individual, or individuals, will be responsible for the advanced technical tasks associated with the project. These responsibilities include the sofb,vare necessary to implement the proposed interfaces. 7,4 Training Coordinator PSSI’s Training Coordinator possesses the background necessary to understand and comply with City’s documentation and training needs during the project implementation as well as coordinate future needs. This individual will work with the Project Manager and the appropriate City personnel to establish training schedules, produce training documentation and perform the training as per the established requirements. The Training Coordinator will perform ICIS End- User and administrative training. The Training Coordinator will also work with the City to meet subsequent needs should they request additional documentation and!or follow-up training. 7.5 Software Engineer/Customer Support Specialist This individual will be the primary contact after the system acceptance period of the project and is responsible for the ongoing needs of the City by providing support during the maintenance period. In addition, this individual wiil provide the City with any information and/or pricing requested for enhancements and/or upgrades to the proposed system. This individual will work with the Project Manager and technical staffthat was assigned to the project as well as PSSI’s marketing peisonnel and Training Coordinator to provide this level of support. 8. 0 Installation and Implementation The installation and implementation of ICIS is divided into project tasks and responsibilitie.s. The following is the outline along with some of the tasks and/or responsibilities associated with them. 8.1 Hardware Review Insofar as the proposed ICIS server has been contracted for as part of the CAD project, PSSI and the City will review the proposed configuration details prior to installation. This is to react to changes in the industry that may result in modifications to the hardware as well as to insure the K:hRMS~PSSI-FINAL~COPE3.DOC P21 01/20/99 City’s requirements for ICIS processing will be met, After the hardware and software review sessions, PSSI will adjust the proposed implementation schedule and plan if it is necessary and then present a final project plan and schedule the City. 8.2 Software Review PSSI will provide the City with a copy of the ICIS sofbvare and a sample database for City’s use by December 31, 1998. This initial software package will allow the City to become accustomed to the application and provide PSSI with any concerns that may occur prior to the delivery of the base package. PSSI will be present on site at least on two more occasions prior to base package installation to allow PSSI to fully under.stand the City’s requirements, implementation issues, and!or modifications required. Requirements documented after the meetings can also be transmitted to PSSI via telephone and e-mails. 8.3 Software Preparation -. During this phase, the dedicated PSSI technical staffwill perform the modifications necessary to implement the functionality as outlined during the design review sessions. This phase of the project, includes programming modifications for ICIS. At the’ conclusion of this phase of the project, the proposed sol, are will be ready for installation, testing and training. The majority of the sol, are preparation will be conducted in the PSSI home office, however PSSI technical personnel will work closely with City personnel to ensure the desired functionality is achieved. 8.4 Hardware/Software Installation Upon the successfu! completion of the design and modification phases, PSSI technical personne! assigned to the project will install the application sofb, vare. The sofb,vare installation may last at least one week and PSSI personnel will be on site to perform these functions. Additional time may be required dependent on the sofb, vare requirements requested by the Department. 8.5 Testing , This phase of the project entails a variety of tasks that will occur over various time frames. These include: 8.5.1 Application Sof~are Testing Upon completion of administration table building, PSSI will install and test the PSSI application soft,rare. This is to certify the correct functioning of all base software and site-specific modifications that were performed. Application software testing on the RMS systems will be performed prior to the End-User training. 8.6 Data Conversion The Department requires its existing data to be converted to the new format and databases. PSSI will perform as many preliminary test conversions as required to identify possible problems and conversion issues prior to a final data conversion at the time of system cut-over. PSSI will ’ K:~MS~PSSI-FINAL~COPE3.DOC P22 01/20/99 identify and notify the Department of the method of transferring existing data to be converted. PSSI will work with the Depa~ment to map the data element by element from VT-PRISM to ICIS and perform data’loads until the application process is satisfactory, data integrity is met and a minimum of 95% of data is cleanly converted. .. 8.7 System Cut-over and Acceptance The successful completion of this testing phase will si’gnify the availability of the system to "go live." The City and PSSI will target a mutually agreed upon date and time of low activity to pIace the system into "live" operation. This cutover should take place immediately after the completion of End-User training so that the operators will be freshly trained and best prepared for the transition. PSSI personnel wiI1 be present on site to help the City during this transition phase. Upon the system being placed into "live" operation; the System acceptance period will begin. The purpose of this period is to demonstrate the operation, of the system for an agreed upon time frame (generally 30 days) and meeting pre-defined system availability requirements. Upon successful completion of this acceptance period, PSSI will consider the system accepted and final payment will be expected. - .- 8.8 Warranty and Maintenance The original technical personnel assigned to the project will support the system until the successful completion of the system acceptance period. At this time, when all project requirements have been fulfilled by PSSI, customer service personnel will take over maintenance of the system. 9.0 Acceptance Criteria Acceptance criteria for Phase I, ending July 1, 1999 will be coordinated by the City and PSSI and agreed upon prior to software installation. PSSI will provide a formal agreement to the acceptance criteria prior to installation. K:~RMSkP S SI-FINALkS COP E3 .DOC P23 01/20/99