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Item 10BCity of Southlake, Texas MEMORANDUM July 27, 2005 To: Shana Yelverton, City Manager From: Gary Gregg, Technical Services Manager Subject: Approve a contract with Sam Houston State University for a license and master agreement for the CRIMES Law Enforcement Module in the amount of $45,000. Action Requested: City Council approval of a contract with Sam Houston State University for a license and master agreement for the CRIMES Law Enforcement Module in the amount of $45,000. Background Information: The proposed dispatch consolidation of dispatch and jail services with the City of Keller requires that we review our current Public Safety Software package. Southlake currently utilizes New World Software for all police records needs including Computer Aided Dispatch. The system is extremely robust but is proprietary making any local manipulation of data or analysis difficult if not impossible. The selection of the New World software package in 1999 was intended to provide Southlake with the best police management software available. Custom designing reports not available in the package has proven to be difficult and expensive. While it can still be argued that it is one of the best in the market, it continues to be expensive and difficult to operate and maintain. Keller PD has chosen the CRIMES software package to transition to in order to support the joint dispatch operation. CRIMES is a software program designed to be a complete records management system specifically for Texas police agencies. Since its inception in 1995 and actual creation in 1998, it has been expanded to include a Computer Aided Dispatch capable of dispatching Fire and EMS as well. It includes a Field Reporting Module and has an exceptional analytical component. The unique aspect of CRIMES is that it was developed under both federal and state grants by an agency of State government, the Police Research Center, a part of Sam Houston State University. It was originally a technical assistance project under the University's Criminal Justice Center's Legislative Mandate. CRIMES is a leased software system which provides comprehensive software support to police departments. The lease includes not only the software, but training and support as well. The CRIMES program is designed in client - server format and utilizes Microsoft Windows operating system, running on a SQL Server, and utilizes components of Microsoft Office. With the addition of Keller, Southlake and Roanoke to the cities of Grapevine, Colleyville and Euless, Sam Houston State University has committed to the North Central Texas Council of Governments to develop and deploy a regional crime information database that will enable information sharing amongst the member cities. Financial Considerations: This contract would not take effect until October, 2006. The contract is an annual contract with 45 days prior to the anniversary date required for cancellation. An analysis of the funds being spent for our current software package demonstrates that the CRIMES package is beneficial from a financial standpoint. New World Year One Maintenance / Lease $62,240 Data Conversion 0 Year Two Maintenance / Lease $66,130 Addition of GPS Tracking $32,725 Regional Data Sharing Module $15,000 Year Three Maintenance / Lease $70,000 Three Year Cost Analysis $231,095 CRIMES $45,000 $40,000 $45,000 $45,000 $175,000 1 Estimate of costs only. Data conversion could make costs higher. Citizen Input/ Board Review: None Legal Review: The proposed license agreement was reviewed by the City Attorney and approved. Because this is an interlocal agreement between government entities no bidding was required for this service. Alternatives: The Council may approve the contract or deny it. Supporting Documents: Contract Staff Recommendation: City Council approval of a contract with Sam Houston State University for a license and master agreement for the CRIMES Law Enforcement Module in the amount of $45,000. Staff Contact: Gary Gregg, Technical Services Manager CRIMES LAW ENFORCEMENT SOFTWARE LICENSE & MASTER AGREEMENT This agreement, together with all Appendices hereto, is entered into by and between: Sam Houston State University Southlake Department of Public Safety Huntsville, Texas City of Southlake, Texas (LICENSOR) (LICENSEE) 1.0 DEFINITIONS 1.1 "CRIMES LAW ENFORCEMENT MODULE" refers to the software program or programs and related materials described in Appendix A, together with all documentation, copies, whether complete or partial, notes, memoranda, and all other materials and information supplied by LICENSOR. 1.2 "LICENSOR" refers to the entity listed above and its duly authorized agents, employees, attorneys, and representatives. 1.3 "LICENSEE" refers to the entity listed above and all agents, employees, attorneys, representatives, and persons acting on behalf of or under the control or supervision of same. 1.4 "Upgrade" or "new release" designates a significant change in the system or methodology of CRIMES LAW ENFORCEMENT MODULE and is considered a major change of same. 1.5 An "enhancement" is an addition to the basic program which corrects a deficiency or problem or provides additional reports to management or otherwise provides some additional function, which is not a major change. 1.6 The "Primary Contact" shall be one person designated by LICENSEE to act for LICENSEE in connection with instructions, questions, requests, enhancements, upgrades, new releases, telephone calls and correspondence related to CRIMES LAW ENFORCEMENT MODULE and shall be the person with primary responsibility for contact with LICENSOR. This is to avoid several different people giving conflicting or confusing requests or information to LICENSOR. The Primary Contact shall be listed on Appendix A. 2.0 GRANTS 2.1 LICENSOR grants to LICENSEE a non - exclusive and non - transferable license to use the CRIMES LAW ENFORCEMENT MODULE, as set forth herein. 2.2 The license granted herein is limited to use of CRIMES LAW ENFORCEMENT MODULE on the computer systems and at the location or locations specified in Appendix A; provided that if an office location is moved after installation of CRIMES LAW ENFORCEMENT MODULE, then CRIMES LAW ENFORCEMENT MODULE may be used at the new location in accordance with the terms of this agreement. 2.3 The license granted herein shall not be assigned, sublicensed, or transferred, except in accordance with this agreement. 2.4 LICENSEE also agrees to allow the demonstration of CRIMES LAW ENFORCEMENT MODULE by LICENSOR at LICENSEE's premises to others upon reasonable notice and LICENSEE's approval. 3.0 TERM & TERMINATION 3.1 Upon acceptance and execution by LICENSOR, this Agreement will become binding and effective for an initial term beginning on October 1, 2006 and ending on the last day of September, 2007. 3.2 The Agreement shall renew automatically for additional one -year terms unless (1) LICENSEE gives advance written notice to the LICENSOR at least forty -five (45) days prior to the renewal date of its intent to cancel the Agreement at the end of the term, or (2) LICENSEE'S governing body fails to appropriate sufficient funds to pay for its obligations under this agreement for the upcoming fiscal year. 3.3 LICENSOR may terminate this Agreement if: a. LICENSEE fails to timely make any payment due; b. LICENSEE breaches any of the terms hereof or fails to perform any obligation hereunder and such breach or failure is not cured within ten days of notice of such breach. c. The LICENSEE shall have the right to terminate this Agreement upon thirty (30) days' notice to the LICENSOR upon breach by or default of the LICENSOR. A breach or default shall be deemed to have occurred if the LICENSOR fails to comply with a term, condition or obligation of this Agreement; provided, however, that LICENSOR shall have ten (10) days within receipt of written notice of the breach to cure the default. 3.4 Upon termination for any reason, no refund shall be due. LICENSEE shall not be relieved of any obligations previously incurred or accepted, including the obligation to make any outstanding payments. 3.5 Termination of this Agreement does not relieve LICENSEE of its obligations and duties relating to non- disclosure as established under Section 11.0 hereof. 3.6 Upon termination of this Agreement, LICENSOR will make reasonable efforts to assist LICENSEE in the conversion of LICENSEE's data contained in the CRIMES LAW ENFORCEMENT MODULE to another police information system. 3.7 LICENSOR shall take reasonable steps to assure security and emergency availability of the source code. In the event the LICENSOR for any reason is unable to continue support of the CRIMES software, all source codes will be provided to the LICENSEE at no additional cost. 4.0 FEES & PAYMENT 4.1 The license fee for CRIMES LAW ENFORCEMENT MODULE shall be that set forth on Appendix A. 4.2 All third party hardware and software purchased or obtained through LICENSOR shall be in addition to the license fee for CRIMES LAW ENFORCEMENT MODULE and in accordance with invoices and/or written quotations from LICENSOR to LICENSEE. 4.3 The fees are payable as set forth in Appendix A. 4.4 Subsequent versions of CRIMES LAW ENFORCEMENT MODULE will be provided to LICENSEE at no additional cost. 4.5 LICENSOR will submit an invoice to LICENSEE upon completion of installation. 5.0 INSTALLATION & TESTING 5.1 LICENSOR will deliver and install CRIAIES LAW ENFORCEMENT MODULE and such equipment and third party software obtained through LICENSOR as soon as practical, depending on the delivery of such hardware and other software. 5.2 Under no circumstances shall LICENSOR be responsible for any delays in connection with hardware or software other than CRIMES LAW ENFORCEMENT MODULE. 5.3 Installation shall include loading of CRIMES LAW ENFORCEMENT MODULE and any third party software obtained through LICENSOR onto the server unit assigned to LICENSEE and setting up all third party hardware obtained through LICENSOR. 5.4 Installation does not include data entry, except for test data. 5.5 LICENSOR will also test CRIMES LAW ENFORCEMENT MODULE on LICENSEE's equipment to make sure CRIAIES LAW ENFORCEMENT MODULE is operational. 5.6 LICENSOR will also demonstrate the use of CRIMES LAW ENFORCEMENT MODULE using test data. 6.0 TRAINING 6.1 Training in the use of CRDIES LAW ENFORCEMENT MODULE shall be offered approximately once per quarter at the Criminal Justice Center, Sam Houston State University, Huntsville, Texas. In lieu of training in Huntsville, on site training may be offered at the LICENSOR' S discretion. 6.2 LICENSEE shall be entitled to send one employee per six (6) server ports to training annually. Requests for training of additional personnel shall be granted on a space available basis within the sole discretion of the LICENSOR. 6.3 LICENSEE shall be responsible for all incidental training costs of its personnel including, but not limited to, transportation, lodging, and food. 6.4 LICENSOR shall be responsible only for the costs of direct delivery of the training and shall have no liability for any incidental training costs. 6.5 LICENSOR shall use reasonable efforts to reserve lodging space at the University Hotel, Huntsville, Texas, or comparable establishment, for LICENSEE'S personnel during the training period. 6.6 LICENSOR reserves the right to cancel any scheduled training session if less than five (5) individuals have reserved positions within one week of the date of the training. LICENSOR shall not be liable for any costs to LICENSEE for such cancellation. 7.0 SOFTWARE MAINTENANCE & SERVICE: 7.1 Software maintenance and service will be provided for the fee set forth in Appendix A. 7.2 Software maintenance and service includes the following services: a. Periodic monitoring of network over telephone via modem, b. Correction of all verifiable bugs or defects in CRIMES LAW ENFORCEMENT MODULE, c. Providing LICENSEE with enhancements after field testing; d. Providing LICENSEE with upgrades and new releases as available, including documentation, e. Answering routine questions regarding use or operation of CRIMES LAW ENFORCEMENT MODULE from 8:00 a.m. to 5:00 p.m. central time, f 24 hour emergency telephone hotline; 7.3 The frequency of monitoring shall be determined by LICENSOR. 7.4 LICENSEE shall promptly notify LICENSOR of any apparent problems with CRIMES LAW ENFORCEMENT MODULE. 7.5 Maintenance does not include correction of user errors, but such custom assistance may be available at regular hourly rates. 8.0 CONVERSION 8.1 LICENSOR will assist LICENSEE in planning a schedule of activities and /or checklist for the conversion process from LICENSEE's current system to CRIMES LAW ENFORCEMENT MODULE. 8.2 Actual conversion, including transferring data from prior systems, modifying such data if necessary, and interpreting same, as well as all other aspects of the conversion process, is the responsibility of the LICENSEE. 8.3 LICENSOR may assist LICENSEE in the actual conversion of data at LICENSOR's regular hourly rates. 8.4 CRIMES LAW ENFORCEMENT MODULE is designed to allow LICENSEE to manually enter data into the system by having LICENSEE's personnel type in the data after CRIMES LAW ENFORCEMENT MODULE is installed. 8.5 If LICENSEE's data is already contained in a form and structure compatible with the data structure of CRIMES LAW ENFORCEMENT MODULE, it may be possible for LICENSOR to write a program to assist in the transfer of LICENSEE's previous data. If such is done, the program, including the copyright thereto, will remain the property of LICENSOR. 8.6 Standard conversion includes the transfer only of the types of data listed in Appendix A. It is acknowledged that adding and/or transferring other data which may be in LICENSEE's prior system is considered customization work, which will be at additional cost and which will take additional time. Such work is governed by the Additional Services provisions herein. 8.7 Interpretation of LICENSEE's data and modification, if necessary, into a form consistent with CRIMES LAW ENFORCEMENT MODULE's data structure is LICENSEE's responsibility, although LICENSOR will assist LICENSEE at LICENSOR's regular hourly rates. 8.8 It is acknowledged that not all information in LICENSEE's old system may be transferable to CRIMES LAW ENFORCEMENT MODULE and the interface, if it can be done, will apply only to compatible items. 9.0 ADDITIONAL SERVICES 9.1 LICENSOR may provide additional services such as assistance in choosing equipment or software, purchasing third party equipment and software, training, conversion, customization of screens, interfacing CRIMES LAW ENFORCEMENT MODULE with LICENSEE's payroll and /or billing programs or other programs, consultations, and similar functions for an additional fee. 9.2 LICENSOR is under no obligation to render such additional services and any agreement for same will be separate from and in addition to this agreement at LICENSOR's regular hourly rates plus expenses, unless prior agreement has been made in writing. 9.3 Payment for additional services shall be due within thirty days of receipt of invoice. 9.4 LICENSOR will also advise LICENSEE promptly of new offerings from LICENSOR which might be of assistance to LICENSEE in the use of CRIMES LAW ENFORCEMENT MODULE at LICENSOR's then current prices. 10.0 WARRANTIES AND DISCLAIMER 10.1 LICENSOR warrants that it has the right to enter into this agreement and owns such rights to CRIMES LAW ENFORCEMENT MODULE as are necessary to grant this license. 10.2 LICENSOR further warrants that CRIMES LAW ENFORCEMENT MODULE does not infringe upon the valid copyright or other rights of others and will indemnify and hold LICENSEE harmless from and against all claims of infringement so long as LICENSEE utilizes CRIMES LAW ENFORCEMENT MODULE in accordance with this agreement and adheres to the terms hereof regarding such utilization. 10.3 LICENSOR further warrants that the CRIMES LAW ENFORCEMENT MODULE will perform as set forth in Appendix A. 10.4 To the extent that LICENSOR supplies LICENSEE with third -party products, whether hardware, software or other supplies, LICENSOR make NO WARRANTY WHATSOEVER regarding such third -party products and LICENSEE shall rely solely on the manufacturer's warranty and LICENSEE's sole recourse will be against such manufacturer. 10.5 LICENSOR does warrant that CRIMES LAW ENFORCEMENT MODULE will work as set forth in Appendix A and the specifications with other products obtained through LICENSOR for use with CRIMES LAW ENFORCEMENT MODULE. 10.6 EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, LICENSOR MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. CRIMES LAW ENFORCEMENT MODULE IS LICENSED AS IS AND WHERE IS AND THE WARRANTIES LISTED ABOVE ARE IN LIEU OF ANY AND ALL OBLIGATIONS OF LICENSOR FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR ATTEMPTED USE OF CRIMES LAW ENFORCEMENT MODULE. LICENSOR'S LIABILITY SHALL NOT, UNDER ANY CIRCUMSTANCES, EXCEED THE CHARGES ACTUALLY PAID BY LICENSEE TO LICENSOR HEREUNDER FOR THE LICENSE OF CRIMES LAW ENFORCEMENT MODULE. 10.7 Under no circumstances shall LICENSOR be responsible for user error, including but not limited to, erroneous data input, misuse of CRIMES LAW ENFORCEMENT MODULE, incorrect interpretation of data or missing data. 11.0 NON - DISCLOSURE OF PROPRIETARY INFORMATION 11.1 CRIMES LAW ENFORCEMENT MODULE, and all information and materials related thereto supplied by LICENSOR constitute proprietary information and trade secrets of LICENSOR. 11.2 LICENSEE shall use LICENSEE's best efforts to insure the confidentiality of CRIMES LAW ENFORCEMENT MODULE, and all related materials and information supplied by LICENSOR. 11.3 LICENSEE warrants that LICENSEE will not disclose, use, modify, copy, or reproduce CRIMES LAW ENFORCEMENT MODULE, or any of the information or materials supplied by LICENSOR except in accordance with this agreement or after first obtaining the written permission of LICENSOR. 11.4 LICENSEE specifically agrees to use its best effort to prevent its employees, agents, attorneys and representatives from disclosing such proprietary information. 11.5 LICENSOR shall use LICENSOR's best efforts to insure the confidentiality of LICENSEE's data, systems, procedures and all other matters and information designated by LICENSEE as confidential. 11.6 LICENSOR specifically agrees to use its best efforts to prevent its employees, agents, attorneys and representatives from disclosing such confidential information and shall hold LICENSEE harmless in the event of any disclosure by said persons. 11.7 The non - disclosure provisions of this section shall continue beyond the term of the contract and shall be binding and enforceable even after termination of this agreement. 12.0 FORCE MAJEURE 12.1 LICENSOR shall not be responsible for any failure to perform hereunder which is caused by Acts of God or any other circumstances beyond the control of LICENSOR. 12.2 The parties hereto recognize that CRIMES LAW ENFORCEMENT MODULE represents a sophisticated software system and that it is impossible to test every possible combination of circumstances and situations. In the event a significant software problem or bug is discovered, LICENSOR will use its best efforts to correct such, but cannot guarantee either a solution or a time frame within which such bug will be eliminated. 12.3 Under no circumstances shall LICENSOR be responsible for any injury or damage due to any delay in delivery or performance. 13.0 MISCELLANEOUS 13.1 The provisions of this agreement shall be severable and if one or more provisions should be declared invalid, the remaining provisions shall remain in full force and effect: provided that should any provisions regarding the non - disclosure of proprietary information be deemed invalid, then the parties hereto agree to enter into such other agreement as will validly afford, to the greatest extent possible, the protection intended by those sections. 13.2 Any failure or delay in the execution of any right herein shall not constitute a waiver thereof, nor shall any such delay or waiver of a particular default or right operate as a waiver of any other rights. 13.3 It is specifically agreed that the breach of this agreement, and in particular the sections concerning non- disclosure of proprietary information, will result in irreparable injury and the party who claims such a breach shall be entitled to specific performance and injunctive relief to correct and enjoin such breach in addition to all other remedies which might be available. 13.4 This Agreement shall be construed according to the laws of the State of Texas and all actions, regardless of the nature of such, to enforce this Agreement or for the breach of same shall be brought within two (2) years from the occurrence of the grounds for such action and venue shall be set in either state or federal court in Austin, Texas. 13.5 This agreement is an interlocal contract entered into under the provisions of Chapter 791 of the Texas Local Government Code. Each party will pay for its performance under this agreement from current revenues available to it. 13.6 This agreement represents the entire agreement between the parties and supersedes any and all prior agreements and understandings, and shall not be modified except in writing, signed by both parties. 13.7 The LICENSOR recognizes that any agreements contained herein are subject to the provisions of the Public Information Act (Chapter 552 of the Government Code), and that any disclosure of information required by that Act shall not be considered to be a breach of this agreement. LICENSOR: LICENSEE: By: By: SAM HOUSTON STATE UNIVERSITY CITY OF SOUTHLAKE ,. ;.i9. APPENDIX A CRIMES LAW ENFORCEMENT MODULE Software Product Description The CRIMES core law enforcement program is a state -of -the -art comprehensive computerized police information management system, consisting of the following component modules, all of which are linked to allow universal search, cross - tabulation, and data transfer: • Master Name File with over 125 fields (including, for example, person descriptions, property characteristics, address characteristics). • Computer Assisted Dispatch Module. Full call and unit tracking capability, police, fire, and EMS. Recommended unit feature. Automated TCIC/NCIC wanted checks. • Incident Module (offense reports), NIBRS formatted. • Field Interview Module. Entry of person and vehicle descriptive information from field interviews. • Booking /Jail Management Module. Includes both booking and basic jail management. • Traffic Citation Module. Includes rapid entry format with potential linkage to master name file. • Traffic Accident Module. Includes Dept. of Public Safety ST3 form. • Racial Profiling Module. At user's option, automatic compilation of required 1074 reports from either independent entry or combination of Field Interview and Citation modules. • Property Room Management Module. Property logging and check -in and check -out. Bar code capable. • Warrant Module. Logging and status for local warrants. • Investigations Management Module. Tracking of case assignments to investigators and case status. • Formatted Retrieval Screens. Search for calls for service and incidents by event characteristic. • Advanced Search Module. Point and click retrieval of trend data, automatic graphing (bar graphs, pie charts, etc.). • Productivity Reporting Module. Automated tracking of call for service, offense, arrest rates. Linkage to deployment software. • Automated Uniform Crime Reporting System. • Security system for the edit /delete functions, limiting access for all transactions. A timer limits edit to a user defined period, e.g., 24 hours, before password security is required. Equipment and Associated Software Licenses LICENSEE is responsible for provision of computer server unit, switches, cabling, and workstations compatible with Windows 2003® or later, Microsoft SQL Server® 2000 or later, and Microsoft Officet. LICENSEE will provide all software licenses necessary for operation, including Microsoft Windows 2003® or later, Microsoft SQL Serves 2000 or later, Windows XP Workstation® or later, and Microsoft Office®. Equipment Locations The CRIMES core system and mobile components shall be installed and used at the locations designated by LICENSEE from time to time. License Fee and Payment Schedule Subject to other provisions of this agreement, the total fee for system maintenance and related services under this agreement shall be $45,000 annually, payable on October 1S of each year. For the initial term ending 10/01/06, a prorated fee to 10/01/06 is payable within thirty (30) days of implementation of the service. Such fee is premised upon a Southlake population of 24,490 (U.S. Census Bureau Population Estimates, 2004), and includes the core system at $36,000, and Fire and Police mobile components at an additional $9,000 annually. Such fee is applicable whether Southlake continues to operate its own communications and dispatch function, or if such function is contracted to another CRIMES partner agency. If the function is contracted, LICENSOR will provide separate identification of all Southlake computer communication and dispatch data, allowing compilation and analysis unique to Southlake. LICENSOR reserves the right to modify the amount of the fee effective the beginning of LICENSEE's next fiscal year. LICENSOR shall give LICENSEE written notice of any fee modification a minimum of 120 days prior to its implementation date. Primary Contact The primaiv contact shall be LICENSOR: Director: Larry T. Hoover, Ph.D. (936) 294 -1636 Police Research Center Sam Houston State University LICENSEE: Huntsville, TX 77341 -2296