HomeMy WebLinkAboutR-1996-087 Agreement / BIS Computer Solutions, Inc. Public Safety Computer System8
RESOLUTION NO. R-96- 7
A RESOLUTION authorizing and directing the City Manager and City Clerk of
the City of Yakima to execute a revised and updated
agreement with BIS Computer Solutions, Inc., for a public
safety computer system and corresponding support services.
WHEREAS, the City owns and operates a Police Station/Legal Center
("Center") located at 200 South Third Street, Yakima, Washington; and
WHEREAS, a public safety computer system and corresponding support
services are necessary for processing, recording, and retrieving of
information required for the many functions of legal, law enforcement, and
detention personnel at the Center, and
WHEREAS, the Information Systems Division and the Police Department
previously conducted an extensive search for a vendor capable of providing
the desired public safety computer system and services and BIS Computer
Solutions, Inc. ("BIS") appears to be the only vendor capable of providing the
system and services; and
WHEREAS, on March 24, 1987, the City Council passed Resolution D-5341
authorizing and directing execution of a public safety computer system and
services agreement with BIS (then known as MJM Systems, Inc.); and
WHEREAS, on March 24, 1987, pursuant to said resolution, the City
entered into a public safety computer system and services agreement with BIS;
and
WHEREAS, the City and BIS desire to update and revise the current
agreement with BIS for said system and services; and
WHEREAS, it would be futile to call for bids for an update to the BIS
system and services since BIS is the only source that can efficiently and cost-
effectively update the current BIS public safety system at the Center, and
WHEREAS, the City Council deems it to be in the best interest of the City
of Yakima to enter into an updated agreement with BIS in accordance with the
terms and conditions of the attached agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk are hereby authorized and directed
to execute the attached and incorporated agreement with BIS Computer
Page 1
Solutions, Inc., to revise, update, and supersede the current agreement with
said corporation for a public safety computer system and services at the Police
Station/Legal Center. i,
ADOPTED BY THE CITY COUNCII. this (-� day of --
1996.
ATTEST:
City Clerk
Page 2
Ilp e../11If ...
nn Buch Ian, Mayor
City of Yakima
and
BIS Computer Solutions, Inc.
Public Safety System
Licensing and Service Agreement
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PUBLIC SAFETY SYSTEM LICENSE
AND
SERVICE AGREEMENT
THIS AGREEMENT is entered into by The City of Yakima, a first class Washington
city whose offices are located at 129 North Second Street, Yakima Washington 98901
and BIS Computer Solutions, Inc. located at 2428 Foothill Boulevard, La Crescenta,
California 91214.
1. RECITALS
1.1. The City wishes to license and/or purchase computer software and
technical services to assist the City in providing for public safety.
1.2. BIS has developed, owns, markets, installs, and supports a computer
software application system known as the "BIS Public Safety Applications"
to assist the performance of tasks related to the provision of public safety.
1.3. BIS has previously installed the BIS Public Safety Applications product on
hardware similar to the DEC Alpha computer system owned by The City
and described in Appendix D - City's Public Safety Computer.
1.4. BIS is capable of and has the ability, resources, and technical and
professional expertise to assist the City in the implementation of the BIS
Public Safety Applications and to instruct the City staff in use and support
of the BIS Public Safety Applications. The City has relied upon such ability
and expertise of BIS, which reliance has induced the City to enter into this
Agreement.
1.5. BIS desires to sell, contract, and/or provide licenses for technical and
professional services, computer software, and related documentation to
assist the City in providing computerized public safety services to the City
and entities located within Yakima County, Washington.
2. DEFINITIONS
2.1. "Licensed Software" shall mean that version of the computer software
programs known as the BIS Public Safety Applications developed, owned,
and marketed by BIS as distributed on the Effective Date, in both machine
readable object code and source code, along with such user manuals,
tutorials and reference manuals designed to explain, market or support
the BIS Public Safety Applications.
2.2. "City's Public Safety Computer" shall mean all components of the
computer system as described in Appendix E - City's Public Safety
Computer or any upgraded or replacement computer system. Such
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computer system shall include a single computer made up of one or more
processors and all peripherals, operating systems, firmware,
documentation and all other components necessary to provide application
and data storage services to multiple terminals and/or client computers.
2.3. "The City" or "City" shall refer to The City of Yakima as a municipal
government entity responsible for the area known to lie within the city
limits of Yakima in Yakima County, Washington.
2.4. "BIS" shall refer to BIS Computer Solutions, Inc. located at 2428 Foothill
Boulevard, La Crescenta, California 91214.
2.5. "Effective Date" shall refer to the date of execution by the last signator to
this Agreement.
2.6. "Documentation" shall refer to all written materials used to describe the
functionality and explain the use of the Licensed Software.
TERMS
3. LICENSED SOFTWARE
3.1. BIS, hereby grants and the City hereby accepts a non-exclusive, non-
transferable, perpetual license on the terms and conditions provided in
the Agreement to use and copy the Licensed Software and related
documentation expressly listed in Appendix A - Licensed Software and in
subsequent orders for use only on the City's Public Safety Computer or on
any upgraded or replacement computer system.
3.2 BIS shall deliver the Licensed Software to the City in accordance with the
Implementation Schedule contained in Appendix C - Implementation
Schedule.
3.3. The City may use the Licensed Software only in connection with the
operation of its business, provision of its services, and fulfillment of it
contractual responsibilities.
3.4. The City may use the Licensed Software in connection with its
responsibilities for the operation of the Yakima County 911 Center,
3.5. The City may use the Licensed Software for provision of dispatch services
for other public safety agencies within Yakima County.
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3.6. The City may allow other public safety agencies to access and use the
CAD+Plus Licensed Software Module and any or all Documentation as
permitted under this Agreement so long as:
a. The City has purchased from BIS a sufficient number of authorized
user sessions on the City's Public Safety Computer to assure that at
no time the total number of user sessions exceeds the authorized
sessions; and
b. The City has purchased an Additional Dispatch Agency Licenses in
accordance with Paragraph A.5 - Additional Licensed Software Fees
of Appendix A - Licensed Software for each addition public safety
agency that utilizes the CAD+Plus Licensed Software Module.
c. The Licensed Software is operated only on the City's Public Safety
Computer.
3.7. The City may allow employees designated as "911 Calltakers" to use the
CAD+Plus Module without utilizing a CAD+Plus authorized user license.
Only those employees designated as "Dispatchers" who actually perform
the dispatch function count as CAD+Plus Users.
3.8. Not withstanding Paragraphs 3.6 and 3.7, the City may allow other persons
and entities access and use of all Modules of the Licensed Software and any
or all Documentation as permitted under this agreement without further
license so long as:
a. The City has purchased from BIS a sufficient number of authorized
user sessions on the City's Public Safety Computer to assure that at
no time the total number of user sessions exceeds the authorized
sessions; and
b. The Licensed Software is operated only on the City's Public Safety
Computer.
3.9. By the terms "use" and "copy" within this Section 3, the parties expressly
agree that the Licensed Software shall be installed and operated only on
the City's Public Safety Computer. The Licensed Software shall initially be
installed upon the computer system as defined in Appendix E - City's
Public Safety Computer.
3.10. The City may, at its option, move the Licensed Software to a different
computer system without incurring any additional licensing or re -hosting
fees. BIS will, if requested by the City, provide assistance in moving the
Licensed Software in accordance with Paragraph 4.16 - Extended Technical
Services of this document. BIS shall charge the City only for these
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Extended Technical Services and other documented direct and travel
expenses incurred by BIS in providing these requested Extended Technical
Services. If the software is moved to a different Host Computer, the City
will notify BIS as to the identity of the new computer system within 30
days following the move. The new computer system will become known
as the City's Public Safety Computer.
3.11. The City may copy the Licensed Software for backup purposes, and in case
of disaster may use those backups to restore the Licensed Software on
either the City's Public Safety Computer or a backup computer to regain
the functionality of the Public Safety System prior the disaster.
3.12 The City may copy and distribute the Documentation solely to those users
and for those purposes identified in Paragraphs 4.3 through 4.8 herein
without charge by such means as it may choose, including but not limited
to such physical media as diskettes, magnetic tape or photocopies.
4. Implementation Procedures and Support Services
4.1. BIS shall provide and the City shall accept Implementation Support
Services as described below in this Section 4. BIS and the City will repeat
the processes described in Paragraphs 4.7 through 4.15 for each Licensed
Software Module in accordance with the schedule in Appendix C -
Implementation Schedule.
4.2. The successful provision of these Implementation Support Services shall
result in the Licensed Software operating on the City's Public Safety
Computer in a properly functioning and integrated computerized system,
hereafter referred to as the "Public Safety System", to assist the City in the
provision of public safety.
4.3. The provision of these Implementation Support Services and the
resulting Public Safety System, integration, and knowledge shall be
hereafter referred to as the "Public Safety Project".
4.4. BIS Project Manager - BIS shall designate an individual who has
substantial technical and administrative expertise in the BIS Public Safety
Applications and their implementation on UNIX -based Hardware and the
UniData database, as the BIS Project Manager to manage the Public Safety
Project, to coordinate the delivery of all Licensed Software and
Implementation Support Services, to coordinate activities between the
City and the BIS staff and consultants, and to assist in the implementation
of the Public Safety System. The BIS Project Manager shall be available to
the City during normal business hours until the successful completion of
the Public Safety Project, and shall give The City's requests for information
and technical assistance a high priority over all other job responsibilities.
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4.5. City Project Leader - The City shall designate Troy Tschauner, Senior
Analyst, or a qualified replacement in the case of Troy Tschauner's
absence, as the City Project Leader to coordinate activities between BIS and
the City staff and to assist in the implementation of the Public Safety
System.
4.6. Master Name Index - Prior to implementation of the CMS+Plus Module,
BIS will modify the Master Name Index in accordance with the
modifications as described in Appendix B - Master Name Index
Modifications. These modifications will be made to and be consistent
within all appropriate Licensed Software Modules and will become part of
the standard Master Name Index in the BIS Public Safety Applications.
BIS will not charge the City for the Master Name Index modifications.
The City will send the City Project Leader to BIS for a contiguous period of
up to three weeks to assist BIS with the modifications. BIS will provide a
work space and appropriate equipment and supplies to the City Project
Leader. The City will pay for all of the City Project Leader's travel
expenses, living expenses, and salary.
4.7. Installation Assistance and Setup Review - The City will perform the
initial Licensed Software installation and parameter setup for each
Module at the City's site. BIS will assist the City with this installation
either on site at the City or via phone support as determined by the City
Project Leader. Upon completion of the installation, BIS will review the
installed Licensed Software Module at the City site to insure that the City
has installed the Licensed Software correctly and/or to make any necessary
corrections.
4.8. Product Testing - The City will test the installed Licensed Software
Modules and Modifications to determine if the Licensed Software
Modules and Modifications perform in an error -free manner and in
accordance with the Software Documentation. BIS will assist the City with
this testing either on site at the City or via phone support as determined by
the City Project Leader. The City will document any errors and submit a
written Software Error Report to BIS. BIS will review the report and will
either demonstrate to the City that the error does not exist or will correct
the error at no cost to the City.
4.9. Product Review - The City will review the installed Licensed Software
Modules to determine any program modifications that may be necessary.
BIS will assist the City with this review either on site at the City or via
phone support as determined by the City Project Leader. The City will
document any required program modifications and submit a written
Product Review Report to BIS. BIS will submit a written Modification
Cost Estimate to the City.
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4.10. Licensed Software Modifications - If the City accepts the Modification Cost
Estimate, BIS will program the modifications on a time and material basis
as part of the Implementation Support Services. BIS shall not exceed the
Modification Cost Estimate without prior authorization and written
agreement from the City. Upon completion of the Licensed Software
Modifications, BIS will deliver the modified software to the City. BIS and
the City will repeat the processes described above in Paragraphs 4.7
through 4.10 for the modified software.
4.11. Preliminary Licensed Software Acceptance - Upon successful completion
of the processes described in Paragraphs 4.6 through 4.10, the City will
submit a written Preliminary Public Software Acceptance for the affected
Module.
4.12. Training - Beginning within 5 days of receipt of the Preliminary Licensed
Software Acceptance, BIS will train the City's staff on-site at the City on
system operations, security, and general system management. By the end
of the Training, the City's staff will have the necessary knowledge to
operate, supervise, and maintain the Public Safety System.
4.13. Live Implementation - BIS will have the Project Manager or other
qualified personnel on site at the City at the time of the City's first use of
each Licensed Software Module in a non -test, production manner and up
to a week thereafter (hereafter referred to as "Live Implementation").
During the Live Implementation the Project Manager will be responsible
for trouble shooting problems that arise with the Licensed Software and
for advising the City in ways to improve Public Safety System operations,
integration into existing applications, and workflow for entry and retrieval
of information.
4.14. Final Licensed Software Acceptance - The City will submit to BIS a written
Final Licensed Software Acceptance for each Licensed Software Module
upon completion of a continuous forty-five day operation period free of
any major errors after Live Implementation for that Module.
4.15. Major Error - If an error occurs of such a major nature that it prevents the
continued operation of the Licensed Software in a live, production status,
the forty-five day period described in Paragraph 4.14 will restart with
correction of the error.
4.16. Extended Technical Services - If requested by The City in writing, BIS will
provide Technical Services beyond the scope of those Implementation
support Services described above and beyond those services described in
Appendix D - Software Maintenance Agreement.
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4.17. The City may, at its sole discretion, use any or all of the Estimated
Implementation Support Services listed in Appendix A - Licensed
Software. BIS will charge the City only for services used and no
minimum usage is implied.
4.18. Implementation Support Services Fees - BIS shall bill the City for
Implementation Support Services at the hourly rate of $95.00 per hour.
BIS shall bill the City for Extended Technical Services at BIS's standard
published hourly rates for such services at the time the City requests the
Extended Technical Services.
4.19. The Estimated Implementation Support Hours and Estimated
Implementation Support Costs listed in Appendix A - Licensed Software
are upper limit estimates. BIS shall not exceed these estimates without
prior authorization and written agreement from The City.
4.20. Travel Expenses: BIS will bill travel expenses at cost. BIS shall provide an
itemized and documented list of all travel expenses and charges with all
travel billings.
4.21. Other Expenses: BIS shall bill the City at cost for all other expenses,
including telephone and modem charges, incurred by BIS in the process of
providing Technical Services to The City. BIS shall provide an itemized
and documented list of all expenses and charges with all expense billings.
5. Delivery
5.1 BIS shall deliver to the City the Licensed Software listed in Required
Public Safety Software Modules of Appendix A - Licensed Software in
accordance with the implementation schedule contained within Appendix
C - Implementation Schedule. The Licensed Software shall be delivered
on TK85 tape media compatible with the City's Public Safety Computer.
Delivery shall be made F.O.B. second floor, Information Systems Division,
Law and Justice Center, Yakima, Washington.
5.2 If requested by the City in writing, BIS shall deliver to the City within 60
days of such request the Licensed Software Modules listed in the Optional
Public Safety Software Modules of Appendix A - Licensed Software, The
Optional Public Safety Software delivery schedule is a projected schedule
only. Actual delivery will be based upon the City's written requests.
5.3. The City must request all Optional Licensed Software Modules prior to
October 31, 1998 to receive the Total System Discount or any portion
thereof in accordance with Paragraph A.3 of Appendix A - Licensed
Software.
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5.4 BIS will provide Implementation Support Services as specified in Section
5 in accordance with the schedule in Appendix C - Implementation
Schedule of this Agreement or, if not specifically listed, at the written
request of The City.
6. Acceptance
6.1. Licensed Software Testing - The City will test the Licensed Software
Modules in accordance with the procedures described in Section 5 -
Implementation Procedures and Support Services and the schedule
contained in Appendix C - Implementation Schedule.
6.2 Preliminary Licensed Software Acceptance - Upon the City's
determination that a Licensed Software Module and/or Software
Modifications perform in an error -free manner and in accordance with the
Software Documentation, the City will submit to BIS a written
Preliminary Licensed Software Acceptance for the Module.
6.3. Final Licensed Software Acceptance - The City will submit to BIS a written
Final Licensed Software Acceptance for each Licensed Software Module
upon completion of a continuous forty-five day operation period free of
any major errors after Live Implementation for that Licensed Software
Module.
6.4 Form of Acceptance - All Licensed Software Acceptances must be on City
of Yakima letterhead, must specify the Licensed Software Module, and
must be signed by both the City Project Leader and the City's Information
Systems Manager.
7. Billing
7.1 On the Effective Date, BIS may send an invoice to the City for the Initial
Payment of the Required Licensed Software Modules. The amount of this
invoice will be for 20% of the License Fee for those Modules.
7.2. If the City requests any of the Optional Licensed Software Modules, BIS
may send an invoice to the City for the Initial Payment at the same time
BIS sends the Licensed Software for the requested Module. The amount of
this invoice will be for 20% of the License Fee for the requested Module.
7.3 Upon receipt from the City of the Preliminary Licensed Software
Acceptance for each Module, BIS may send an invoice to the City for 30%
of the License Fee for that Module.
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7.4 On the Live Implementation Date for each Licensed Software Module, BIS
may send an invoice to the City for 30% of the License Fee for that
Module.
7.5. Upon receipt from the City of the Final Licensed Software Acceptance for
each Module, BIS may send an invoice to the City for 20% of the License
Fee for that Module.
7.6 Beginning with delivery of the Required Licensed Software Modules to
the City, BIS may send an invoice biweekly to the City for Implementation
Support Services rendered and for direct and travel expenses incurred by
BIS up to the date of the Invoice. Such invoices shall be supported with a
detailed documentation of the Implementation Support Services rendered
and expenses incurred.
8. Payments
8.1 The City shall pay all properly documented and prepared invoices sent to
the City by BIS within 30 days of receipt by the City.
9. Upgrades and Maintenance
9.1 During the initial installation process and pursuant to the City's issuance
of the Preliminary Licensed Software Acceptance of each Public Software
System module in accordance with Paragraph 6.2, BIS will provide all
software upgrades free of charge.
9.2 Upon receipt from the City of the Final Licensed Software Acceptance of
each Public Software System Module, BIS shall make available to the City
the Software Maintenance Agreement contained in Appendix D - Software
Maintenance Agreement for the accepted module(s) and at the fees listed.
10. BIS Warranties and Representations
BIS hereby makes the following representations and warranties to the City,
which representations and warranties are made for the express purpose of
inducing the City to enter into this agreement:
10.1 BIS has full power and authority to execute, deliver and perform this
Agreement and all action of BIS necessary for such execution, delivery and
performance has been duly taken. No consent of any party, whether a
party to this Agreement or any other third party, is required or remains to
be required for the execution, delivery of performance of this Agreement
by BIS.
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10.2 BIS has the ability to perform, is capable of providing, and shall perform
and provide such Implementation Support Services and resources to the
City as shall result, together with the use of the Documentation, the
Licensed Software, and City's Public Safety Computer, in a fully and
satisfactorily developed, implemented, installed and maintained Public
Safety System.
10.3 No other person, organization or entity has or will have any right or
interest in or to all or any portion of the Licensed Software,
Documentation or related materials which would in any way curtail,
impair, diminish or derogate from any of the rights granted to the City
under this Agreement.
10.4 The Licensed Software shall perform in a manner consistent with its
related Documentation and shall be and shall remain free from program
errors. The Documentation shall accurately describe the function and
performance of the Licensed Software.
10.5 The Licensed Software shall be fully operative on the City's Public Safety
Computer, with the UniData Database.
11. Source Code
11.1. At the City's request, BIS is supplying the Source Code as part of the
Licensed Software. BIS expressly prohibits the City from disclosing the
Source Code to any third party.
11.2. BIS expressly prohibits the City from altering or modifying the Source
Code without prior written permission from BIS. In the event the City
violates this provision, BIS will have no further responsibility for the
performance of the Licensed Software and will have no liability for
damages suffered by the City or any third party as the result of this
conduct, whether said damages are special, general, consequential or
otherwise.
11.3. The City will indemnify and hold harmless BIS and its agents, employees,
successors, assigns and any other individual of entity associated with BIS
from and against any and all claims arising from or related to the City's
unauthorized alteration or modification to the Source Code.
12. Ownership and Other Rights
12.1 Title and full ownership rights to the Licensed Software remain with BIS.
The City hereby agrees that:
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a. The Licensed Software (and any copies) are the proprietary property,
information and trade secrets of BIS, and are protected by civil and
criminal law and the law of copyright;
b. To protect and maintain the confidentiality of the Licensed Software
and copies thereof; and
c. That it will not sell or give away the Licensed Software or any part
thereof, to any person.
12.2 The City shall not take any action that might adversely affect BIS's
proprietary rights or in any manner interfere with BIS's right to enter into
agreements with other prospective users for the use of the Licensed
Software.
12.3 The City shall affix or cause to be affixed such evidences of proprietorship
as BIS may reasonably request.
12.4. If the City shall cease doing business, shall be declared bankrupt, shall
suffer any attachment or lien to remain on the Licensed Software for more
than 30 days, the license granted by this Agreement terminates.
12.5 All documents, records (whether or not contained in computer storage
media or otherwise set forth in writing), equipment or other physical
property furnished to BIS by the City are and shall remain the sole
property of the City and shall be returned to the City promptly as and
when requested by the City.
13. Confidential Information
13.1 The Licensed Software, the associated Documentation, and any
modifications constitute confidential, proprietary property of BIS. The City
acknowledges and agrees that unauthorized disclosure of any such
confidential information regarding the Licensed Software could cause
substantial harm to BIS.
13.2 The City shall hold trade secrets and confidential information contained
in the Licensed Software, the associated Documentation Materials, any
Modifications, or any part thereof, in confidence and shall safeguard such
confidential information with the same degree of care it uses to protect its
own confidential information.
13.3 In addition to the trade secrets and confidential information contained in
the Licensed Software, the associated Documentation Materials, any
Modifications, or any part thereof, each party to this Agreement shall
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safeguard the confidential information of each other party with the same
degree of care that each uses to protect its own confidential information.
13.4 The obligations set forth in this Section 13 shall survive and continue
after termination of this Agreement. Such obligations shall not apply,
however, to any information available at the time of disclosure to the
general public for reasons other than disclosure in violation of this
Section 13. Confidential information does not include:
(a)
(b)
Information which is generally available to or known by the public
or within the computer hardware or software industry;
Information which was previously known by any party to this
Agreement for reasons unrelated to the transactions contemplated
by this Agreement;
(c) Information which is developed independently by any party;
(d) Information which is disclosed to any party to this Agreement by a
third party.
13.5 The City will not knowingly delete any copyright, trademark or other
proprietary notices in reproducing the Licensed Software, Software
Documentation or associated materials.
14. Infringement Protection
14.1 BIS shall indemnify and hold harmless the City against any and all claims,
judgments, costs, damages, and expenses, including incidental,
consequential or punitive damages, which may be incurred by or awarded
against the City in any suit, action, or proceeding brought against the City
for infringement or alleged infringement of any patent, trademark,
copyright, trade secret or other proprietary right by a court of competent
jurisdiction, arising out of the use by the City of the Licensed Software in
the ordinary course of its use for the purposes hereunder intended. If any
suit, action or proceeding for infringement of any patent, trademark,
copyright, trade secret or other proprietary right be instituted against the
City as above specified on account of the use of the Licensed Software, and
if promptly notified, BIS shall assume the defense of such suit, action or
proceeding. All expenses incident to the defense thereof shall be paid by
BIS. It is expressly understood that the City shall be kept fully informed as
to the progress of any such suit, action or proceeding alleging
infringement and shall have the right to confer about and give advice and
assistance regarding the same.
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14.2 In case the Licensed Software becomes the subject of any claim, suit, or
proceeding for infringement, or in the event of an adjudication that the
Licensed Software constitutes infringement, or if the use, license or sale of
the Licensed Software is enjoined, BIS shall, at its option and sole expense,
either:
(a) Procure for the City the right to continue using the Licensed
Software;
(b)
Replace the infringing or alleged infringing Licensed Software with
non -infringing Licensed Software providing function and utility
equal to that contracted for hereunder; or
(c) Modify the Licensed Software so that it becomes non -infringing
while providing functions and utility equal to that contracted for
hereunder.
14.3 Notwithstanding Paragraph 14.2, if BIS does not cure such infringement
under any of the options set forth above, the City shall have the right in its
reasonable discretion to terminate this Agreement pursuant to Paragraph
16.1(c).
15. Term and Termination
15.1 This Agreement shall be effective from the Effective Date until terminated
under the terms and conditions herein.
15.2 This Agreement shall be terminated upon:
(a) The mutual written agreement of BIS and the City; or
(b)
For cause, as defined in Section 16, and in accord with the
procedures outlined therein.
15.3 The rights and remedies of any party under this Agreement which shall
have accrued prior to termination of this Agreement shall survive any
such termination,
16. Cause for Termination
16.1 This Agreement may be terminated for cause by written notice from the
City to BIS:
(a) if BIS fails to meet the schedule set forth in Appendix C -
Implementation Schedule due solely to BIS's failure to perform; or
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(b)
if the Licensed Software fails acceptance testing pursuant to Section
6 and the schedule set forth in Appendix C - Implementation
Schedule; or
(c) if the Product (as defined in Section 14.1) becomes subject to a claim
of infringement of a third party's proprietary intellectual property
rights pursuant to Section 14; or
(d) if BIS breaches any representation or warranty made in Section 10;
16.2 BIS or the City (the "Terminating Party") may terminate this Agreement at
any time by giving notice of such termination to the other Party (the
"Notified Party") in the event of:
(a) The insolvency, bankruptcy, or inability of any Notified Party to pay
debts as and when due, or any assignment by any Notified Party for
the benefit of creditors, or the appointment of a receiver for all or a
substantial part of any Notified Party's business or property, or an
attachment of any of such Notified Party's assets which is not
released within ten (10) days thereafter if any such event under this
subparagraph occurs, the party to which it occurs shall immediately
notify the other party.
(b)
The breach of any material covenant of the Agreement which is not
cured within thirty (30) days of notice from the Terminating Party to
the Notified Party.
(c) The falsity of any material representation made by the Notified
Party in this Agreement or as an inducement to the Terminating
Party to sign this Agreement.
(d) Any material misrepresentation with respect to the Terminating
Party or the Product made by any Notified Party to any other person
or entity.
17. Damages, Refunds and Returns
17.1 Notwithstanding Paragraph 15.3, if the City terminates this Agreement
pursuant to Paragraph 16.1(c), the City shall be entitled to a prompt refund
of all payments made under Section 8 herein.
17.2 Upon termination of the Agreement, BIS shall return and deliver all
documents, information, records (whether or not contained in computer
storage media or otherwise set forth in writing), equipment or other
physical property furnished to BIS by the City in connection with each of
their duties under this Agreement.
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17.3 Upon termination of this Agreement by the City for cause pursuant to
Section 16, all copies of the Licensed Software, Software Documentation,
and materials related to Product Review in the possession of the City shall
remain in the possession and use of the City at its election in accordance
with the terms and conditions for acceptance and payment contained
within this Agreement.
18. Non -Competition Agreement
For a period of two (2) years after the Effective Date, neither the City, nor
BIS shall hire, solicit or attempt to hire or solicit any employee of any
other party to this Agreement (whether on behalf of itself or any other
person or entity) without the prior written consent of his or her employer
which consent shall not be unreasonably withheld.
19. Taxes and Business Licenses
Taxes, other than income taxes or applicable business license fees, imposed
by any taxing authority subsequent to the execution of this Agreement and
based on any hardware, software or services furnished under this
Agreement shall be the responsibility of the City and shall be payable by
the City to such taxing authority.
20. Conveyance and Notices
20.1 All notices, requests, demands, certificates and other communications
hereunder shall be in writing and shall be deemed to have been duly
given if delivered or if mailed, by United States certified or registered mail,
postage prepaid, to the appropriate parties at the following addresses (or at
such other single address as shall be given in writing by one party to the
other). Notice shall be deemed given as of the time delivered or, if mailed,
72 hours after deposit in the U.S. Postal Service.
If to BIS:
Miro J. Macho
President
BIS Computer Solutions, Inc.
2428 Foothill Boulevard
La Crescenta, CA 91214-3567
If to the City:
For Technical Information:
Page 16 of 31
Troy Tschauner
Information Systems
Yakima City Hall
129 North 2nd Street
Yakima, WA 98901
For Contract Administration:
Rick Pettyjohn
Information Systems
Yakima City Hall
129 North 2nd Street
Yakima, WA 98901
For Legal Action:
Yakima City Manager
Yakima City Hall
129 North 2nd Street
Yakima, WA 98901
21. Assignment
Neither this Agreement nor any rights of any party hereunder shall be
assignable or transferable by any party, in whole or in part, directly or
indirectly, by operation of law or otherwise, without the prior written
consent of the other party. Any request for a consent to assignment shall
not be unreasonably withheld by the other parties. Subject to the above,
this Agreement shall be binding upon and inure to the benefit of the
successors and assigns of the parties hereto.
22. Force Majeure.
BIS acknowledges that the City has agreed to the terms and conditions of
this Agreement expressly on the condition that this Agreement can be
terminated strictly in accordance with its terms and conditions. If any law,
regulation or order should be adopted or issued which would prevent or
interfere in any way with the termination of this Agreement in accordance
with its terms, or which would cause the City to pay BIS any
compensation, fines, penalties, or other payments in addition to the
payment provided herein, this Agreement shall automatically terminate
(without notice from either party) immediately before such law,
regulation or order becomes effective.
23. General
Page 17 of 31
23.1. Waiver. The waiver by either party of any default or breach of this
Agreement shall not constitute a waiver of any subsequent default or
breach of the same or of a different kind.
23.2. Entire Agreement. This Agreement supersedes any prior oral or written
statements or agreements between the parties with respect to the
transactions contemplated under this Agreement. It constitutes the entire
agreement between the parties and may be changed only in writing signed
by both parties.
23.3. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
23.4. Venue. Any lawsuit brought to enforce this Agreement shall be brought in
the appropriate court in Yakima County, State of Washington.
23.5. Limitation of Action. No action arising out of this Agreement may be
brought more than one (1) year after the party bringing suit has notice that
the cause of action has occurred.
23.6. Independent Contractors. BIS is an independent contractor in the
performance of each and every part of this Agreement. BIS is acting for its
own account, and has no right or authority to assume or create any
obligation of any kind or to make any representation or warranty on
behalf of or binding upon the City. All powers and rights not herein
granted to BIS are expressly reserved to the City.
23.7. Severability. If any section of this Agreement shall be found to be invalid
by a court of competent jurisdiction, such portion shall be deemed deleted
from the Agreement without affecting the validity and enforceability of
the remaining sections of this Agreement.
23.8 Incorporation. The attached appendices, that section of this Agreement
entitled "Recitals" and, when accepted by The City, the Detailed Design
Specifications, Documentation and Acceptance Testing Procedures are
each hereby incorporated by reference into this Agreement.
23.9. Limitation of Liability. Except as provided in Section 14, BISTs total
liability for any and all claims by the City and/or claims that may arise as a
result of the use of the Licensed Software by the City, which damages may
affect a third party or parties, shall not exceed the charges paid hereunder.
Page 18 of 31
EXECUTED and AGREED TO on the dates indicated below.
"The City" 'BIS"
The City of Yakima BIS Computer Solutions, Inc.
'a� /1 n
Al
By: °- 7 \ By:�`.
Title: 4c' 1 c' f1 rn "rTitle:
Date: --5-,i (1 2.., 1 /o Date:
ATTEST:
Karen Roberts, City Clerk
CITY COuTSW NO'
RESOLUTION NO: R - (9 - 37
Page 19 of 31
Appendix A
Licensed Software
A.1 Required Licensed Software Modules: The following table sets forth the
License Fees, Estimated Implementation Support Hours and Costs, and
Monthly Maintenance Fees for the Required Licensed Software Modules. The
schedule for payment of these fees is set forth in Appendix C -
Implementation Schedule.
Ref.
Required Licensed
Software Modules
A.1.a. CMS to CMS+Plus
Upgrade
16 User License
A.1.b.
License
Fees
Estimated
Implmnt.
Support
Hours
Estimated
Implmnt.
Support
Costs
Monthly
Maint.
Fees
$40,250
RMS to RMS+Plus
$108,800
Upgrade
80 User License
A.1.c. WACIC/NCIC Interface $25,000
A.1.d. Totals
$174,050
200 $19,000 $300
64
$6,080
$350
16 $1,520 $100
280 $26,600 $750
A.2. Optional Licensed Software Modules: The following table sets forth the
License Fees, Estimated Support Hours and Costs, and Monthly Maintenance
Fees for the Optional Licensed Software Modules. BIS and the City will
mutually determine the schedule for payment of these fees when the City
requests each of the modules.
Ref. Optional Licensed
Software Modules
License
Fees
Estimated
Implmnt.
Support
Hours
Estimated Monthly
Implmnt Maint.
Support Fees
Costs
A.2.a City Attorney Prosecutors : $45,000 80 $7,600 $200
16 User License
Page 20 of 31
A.2.b.
A.2.c.
CAD/open
4 User License
E-911
A.2.d. MDT Interface
$40,500
$25,000
$25,000
32 $3,040
16 $1,520 $80
40 $3,800 _ . $100
$350
A.2.e. Courts - Criminal/Traffic ' $65,000
16 Users
A.2.f. Total
120 $11,400
$400
$200,500 288 $27,360 $1,130
A.3. Total System Discount: SIS will grant the City a 30% discount on each
Optional Licensed Software Module License Fee as indicated below for each
Module the City requests on or before October 31, 1997 provided that the City
requests all the Optional Licensed Software Modules on or before October 31,
1998. The Total System Discount (A.3.f), or any earned portion thereof, will
apply against the License Fees of last module(s) implemented.
Ref.
A.3.a.
Optional Licensed Software Modules License Fee Discounts
City Attorney Prosecutors
CAD/open
$13,500
$12,150
A.3.c. ; E 911
MDT Interface
Courts - Criminal/Traffic
Total System Discount
$7,500
$7,500
$19,500
$60,150
A.4. Total Fees and Discount: The following table sets forth the total fees for the
Required Licensed Software Modules, Optional Licensed Software Modules,
and the Total System Discount combined. The Total System Discount in the
following table assumes the City will request all Licensed Software on or
before October 31, 1997.
Page 21 of 31
Ref.
A.4.a.
Licensed Software
Totals
Upgrade
Fees
Total Required Licensed $174,050
Software Modules
A.4.b. Total Optional Licensed $200,500
Software Modules
A.4. Total System Discount ($60,150)
A.4.d. Total System Fees
$314,400
Estimate
Implmnt.
Support
Hours
Estimated
Implmnt.
Support
Costs
Monthly
Maint.
Fees
280 $26,600 $750
288 $27,360 $1,130
568 $53,960 T $1,880
A5. Additional Licensed Software Fees: The following sets forth the fees required
to acquire additional user licenses. These fees shall remain as set below for a
period of three years from the Effective Date. After that three-year period, the
fees required to acquire additional user licenses shall be no more than BIS's
standard published fees for similarly configured systems.
Ref.
Additional Licensed Software
User Licenses
License Monthly
Fee Maint Fee
A.5.a
Additional enc License Dispatch Agency g y
$10,000 $300
each each
A.5.b.
A.5.c.
A.5.d.
E Additional Dispatch User Licenses
User 5 through User 6
$17,500 $210
each each
Additional Dispatch User Licenses
User 7 through User 8
Additional Dispatch User Licenses
User 9 through User 12
$15,000 $180
each each
$12,000 $145
each each
A.5.e.
A.5.f.
Additional RMS+Plus User Licenses
Users 81 through 96
Additional RMS+Plus User Licenses
Users 97 through 128
$22,000 $265
total total
$30,000 $360
total total
Page 22 of 31
Appendix B
Master Name Index Modifications
B.1. Modify the search engine to provide the operator with the ability to perform
scored searches in addition to alphabetical searches. Provide the ability to
designate this function as the default option within a control table.
B.2. Modify the Master Name Index Batching function to provide the option to:
a. automatically select the first name on the list, and
b. display the Name, Date of Birth, and physical descriptors of the batched
individual in the Title Line, and
c. automatically shift program control to the Compare Screen.
B.3. Modify the "Reselect" function to use the existing list instead of performing a
new Select.
B.4. Tabalize the Module Pick List Screens to provide the System Administrator
with the ability to change the data displayed per agency.
B.5. Tabalize the Compare Screen data to provide the system administrator with
the ability to change the data displayed per agency.
B.6. Create a single Master Name Index set of files and programs for all Licensed
Software Modules.
B.7. Place the Data Bases controlled by the Master Name Index into a table so that
new Data Bases can be easily and seamlessly integrated.
B.8. Modify the Batch Menu Screen to display an asterisk (*) by the Batch Menu
selections that actually contain data to be processed.
B.9. Modify the Name Search screen to contain a Verify Name (VN) option.
B.10. Modify the Name Search screen to contain an ALL option.
B.11. Modify the Compare and Verify Name screens to display reverse video for
any data that is different from the Master Name.
B.12. Create a utility program to remove a record from the Master Name Index and
place it back into the batch.
B.13. Modify the Compare Screen to allow selective update of specified data
elements.
Page 23 of 31
B.14. Modify the Module Pick Lists so that, wherever possible, only a single page of
data is retrieved before data is presented to the user.
B.15. Modify the Licensed Software where necessary to take advantage of the
existing collection of names by allowing all Modules to automatically load
data from the Master Name Index at the time of data entry.
B.16. Add the capability to create an Alias from the Compare Screen.
B.17. Modify the Append/Update process to store data in reverse chronological
order so the most recent information displays first.
B.18. Wherever appropriate, make these modifications optional and default setable
by computer system, by agency, and by user. Place the default settings in a
table and provide a utility program to easily set and maintain the table.
Page 24 of 31
Appendix C
Implementation Schedule
C.1 Delivery Schedule for Required Licensed Software: The following sets forth a
schedule of events to which the City and BIS will make a good faith effort to
comply in the performance of their obligations under this Agreement
provided there is no breach which results in the City's election to terminate
for cause. In the event there is a breach resulting in the City's termination for
cause, Sections 16 and 17 shall apply. Each event within this Delivery
Schedule is dependent upon the successful completion of the previous
events.
All terms capitalized in this appendix shall have the same meaning as set
forth in the Agreement.
Ref. Date
C.1.a. June 25, 1996
Party Description
BIS/City Sign Agreement
C.1.b. June 25, 1996 BIS Invoice City for 20% ($34,810)) initial
payment for CMS+Plus, RMS+Plus, and
WACIC/NCIC Interface
C.1.c June 25, 1996
City Send 20% ($34,810)) initial payment for
CMS+Plus, RMS+Plus, and WACIC/NCIC
Interface
C.1.d.
June 25, 1996 BIS Send Licensed Software for CMS+Plus,
RMS+Plus, and WACIC/NCIC Interface
C.1.e. July 1 thru July 3 City Install Licensed Software for CMS+Plus,
1996 RMS+Plus, and WACIC/NCIC Interface
C.1.f. July 1 thru July 3 BIS Phone assistance with install as requested by
1996 City
C.1.g. July 3, 1996 BIS Invoice City for 30% ($12,075) of CMS+Plus
C.1.h. July 8 thru July
26, 1996 (as
needed)
City Send Troy Tschauner or qualified
replacement to BIS Office
Page 25 of 31
C.1.i.
July 8 thru July
26, 1996 (as
needed)
........... ...
C.1.j Aug 5 thru Aug 9,
1996
C.1.k. Aug 12 thru Aug
16, 1996
City/BIS Make Master Name Index Modifications for
CMS+Plus, RMS+Plus and WACIC/NCIC
Interface.
City Install and Setup modified CMS+Plus
BIS/City Test CMS+Plus
C.1.L Aug 19 thru Aug BIS/City Train City staff on use of CMS+Plus
23 1996
C.1.m Aug 26 thru Aug BIS/City Go live with CMS+Plus
30, 1996
C.1.n.
Sep 26, 1996
C.1.o. Sep 30 thru Oct
18, 1996
C.1.p. Sep 30 thru Oct
18, 1996
C.1.q. Oct 14, 1996
C.1.r.
C.1.s.
C.1.t.
BIS Invoice City for 30% ($12,075) of CMS+Plus
Setup and Test RMS+Plus and WACIC/NCIC
Interface
BIS Assist City with setup & testing as requested
by City
BIS Invoice City for 20% ($8,050) of CMS+Plus
Oct 18, 1996
BIS Invoice City for 30% ($40,140) of RMS+Plus,
WACIC and NCIC Interface.
Oct 21 thru Nov
29, 1996
BIS
Oct 21 thru Nov
29, 1996
City
C.1.u.
Dec 1, 1996
C.1.v. Dec 2 thru Dec 13
C.1.w
Dec 16 thru Dec
27
Page 26 of 31
BIS
Make essential modifications to RMS+Plus
and WACIC/NCIC Interface as requested by
the City.
Write data conversion programs
Invoice City for two months maintenance for
CMS+Plus ($600)
City Install & Test modified RMS+Plus and
WACIC/NCIC software
BIS/City Train City staff
C.1.z.
C.1.aa
C.1.ab
Dec 27, 1996
BIS
Jan 1 thru Jan 7,
1997
Feb 1, 1997
BIS/City
BIS
Feb 15, 1997
Apr 1, 1997
BIS
Invoice city for 30% ($40,140) of RMS+Plus
and WACIC/NCIC Interface
Go live with RMS+Plus and WACIC/NCIC
Interface
Invoice City for 12 months maintenance for
CMS+Plus ($3,600)
Invoice City for 20% ($26,760) of RMS+Plus
and WACIC/NCIC Interface
BIS Invoice city for 10 months maintenance for
RMS+Plus and WACIC/NCIC Interface
($4,500)
C.2. Delivery Schedule for Optional Licensed Software: The following sets forth
an estimated, summary implementation schedule for the Optional Licensed
Software, BIS and the City will determine and set forth a mutually acceptable,
detailed implementation schedule if and when the City commits to any of the
Optional Public Safety modules.
Ref. Date
C.2.a Mar 1, 1997
Party Description
BIS/City Implement City Attorney - Prosecutors
C.2.b. May 1,1997 BIS/City Implement CAD/Open, E911, and MDT
Interface
C.2.c. Sep 1, 1997
BIS/City Implement Courts - Criminal/Traffic
Page 27 of 31
Appendix D
Software Maintenance Agreement
D.1. Maintenance Agreement Costs
LICENSED SOFTWARE
MODULES
MONTHLY ANNUAL
FEES FEES
CMS+Plus $300.00 $3,600.00
RMS+Plus $350.00 $4,200.00
WACIC/NCIC Interface $100.00 $1,200.00
City Attorney - Prosecutor $200.00 $2,400.00
CAD/open $350.00 $4,200.00
E-911 $80.00 $960.00
MDT Interface $100.00 $1,200.00
Courts - Criminal/Traffic $400.00 $4,800.00
Total Software Maintenance Fees $1,880.00 $22,560.00
D.2. BIS will provide maintenance service and update services for the Licensed
Software Modules covered under this Agreement. The services provided
include:
a. BIS will provide twenty four hour, seven days per week software
support through telephone access to the BIS Customer Service Center.
BIS will respond to all requests for services within two hours of
receiving the request.
b. BIS will investigate and correct all program errors in the Licensed
Software in a timely manner. BIS will make corrections to both the
Licensed Software and to the standard BIS Public Safety Applications to
ensure the correctness of future upgrades.
c. BIS will provide phone assistance for procedural questions and system
configuration advice.
d. BIS will deliver to the City new releases, product enhancements and
improvements of the Licensed Software without any additional
licenses fees. BIS will deliver to the City the updates, along with the
documentation, upon release. The City shall be responsible for all costs
of installation and integration of new releases delivered.
D.3. BIS will not provide the following services under this Software Maintenance
Agreement:
a. Diagnosis and correction of computer hardware errors.
Page 28 of 31
b. Diagnosis and correction of errors caused by modifications to the
Licensed Software by anyone other than BIS.
c, Diagnosis and correction of errors in the computer operating system.
d. Installation and training of software.
e. New applications written in a different environment.
D.4. All other maintenance and support services provided by BIS to the City such
as, but not limited to, on-site support, shall be at BIS's then prevailing prices,
policies and terms.
D.5. BIS shall provide to the City the services contained in this Software
Maintenance Agreement at no charge for a forty-five day period of
continuous operation after the Go Live Date for each Licensed Software
Module. This forty-five day period must be free of any major errors that
jeopardize the continued operation of the Licensed Software Module. If such
a major error occurs, the forty-five day continuous operation period restarts
with the correction of the error.
D.6. The initial term of this Software Maintenance Agreement for each Licensed
Software Module shall begin immediately upon completion of the forty-five
day period described in Paragraph D.5 above and extend through the next
January 31st. The annual maintenance fee for this initial period will be
prorated for this initial period in accordance with the monthly fee schedule in
D.1 above.
D.7. The Agreement shall automatically renew thereafter on the first day of
February each year after the completion of the initial term unless terminated
by the City upon giving to BIS not less than thirty days notice in writing prior
to the end of the initial term or any subsequent anniversary of such date.
D.S. The Annual Fees charged by BIS for this Software Maintenance Agreement
renewal will be no more than the standard published fees for similarly
configured systems, will not exceed 12% of the list price of the Licensed
Software, and cannot increase more than 5% annually without written
permission from the City.
D.9. BIS may send an invoice to the City for the amount of the Annual
Maintenance Fees thirty (30) days prior to the beginning of the initial term
and each subsequent term thereafter.
Page 29 of 31
D.10. The City will pay all properly prepared invoices for this Software
Maintenance Agreement within thirty (30) days of receipt of the invoice by
the City.
D.11. Unless terminated pursuant to Paragraph D.7, this Software Maintenance
Agreement shall remain in full force and effect except if terminated as
follows:
a. If either party neglects or fails to perform, observe or cure within thirty
(30) days of written notice of such failure to perform any of its existing
or future obligations.
b. If either party attempts to assign its rights and responsibilities under
this Software Maintenance Agreement.
D.12. Either party's lack of enforcement of any provision in this Software
Maintenance Agreement in the event of a breach by the other shall not be
construed to be a waiver of any such provision and the non -breaching party
may elect to enforce any such provision in the event of any repeated or
continuing breach by the other.
D.13. This Software Maintenance Agreement becomes a valid contract binding
upon the parties hereto and shall come into being only upon execution of the
Public Safety System Licensing and Service Agreement by a duly authorized
agent, officer, or representative of both parties.
.14. This Software Maintenance Agreement is part of the Public Safety System
Licensing and Service Agreement; and the terms and conditions contained
therein apply also to this Software Maintenance Agreement. This Agreement
is the exclusive statement of the entire software maintenance agreement
between BIS and the City and supersedes all prior oral or written
representations or agreements between the parties as to the on-going
maintenance of the Licensed Software. No change, termination or attempted
waiver of any of the provisions hereof shall be binding unless in writing and
signed by the party against whom the same is sought to be enforced.
Page 30 of 31
Appendix E
City's Public Safety Computer
E.1. Host Computer:
DEC Alpha APX A500MP
Single 190 MHz 64 bit processor
256 MB Memory
DEC UNIX Release 3.2.c Operating System
E.2. Peripherals:
8 - 2.1 Gigabyte Disk Drives in RAID configuration
1 - DLT Tape Cartridge System
1 - 4mm Tape Drive
1 - 8 mm Tape Drive
1 - CD ROM Drive
E.3. Client Hardware:
Televideo 955 ASCII Terminals
Various Models Macintosh Personal Computers
Various Models Windows 95 Personal Computers
E.4. Data Base:
UniData Release 3.3.2
System Builder Release 3.3.1
E.S. Network:
Collapsed 802.3 Ethernet Backbone
TCP/IP Primary Transport Protocol
10Base-T Twisted Pair
Xyplex Hubs
Page 31 of 31
ITEM TITLE:
,USINESS OF THE CITY COL .CIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /5
For Meeting Of July 2, 1996
Consideration of Resolution authorizing execution of a Professional Service
Agreement with BIS Computer Solutions, In for Public Safety Software and
Services
SUBMITTED BY: John R. Hanson, Director of Finance & Bud
CONTACT PERSON/TELEPHONE: John Hanson / 57
SUMMARY EXPLANATION:
Rick Pettyjohn/575-6003
See attached Memo, Resolution and Contract
Resolution X Ordinance _ Contract X Other (Specify) MEMO
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt the Resolution authorizing and directing the City Manager
to execute the Public Safety System Licensing and Service Agreement with BIS Computer
Solutions, Inc.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Legal/BD
Agenda Stmt. BIS
Resolution No. R-96-87
DEPARTMENJ OF FINANCE & BUDGET
129 North Second Street
Yakima, Washington 98901
Information Systems
Memorandum
Date: June 26, 1996
To: The Honorable Mayor and Members of theCity Council
Dick Zais, City Manager
From:
Don Blesio, Chief of Police
John Hanson, Director of Finance & Budget
Rick Pettyjohn, Information Systems Mana
Regarding: Public Safety Software Acquisition
Public Safety Imaging System Update
Introduction - The City of Yakima has been using the BIS Computer Solutions,
Inc. (BIS) Public Safety Software since 1987. We are currently using the Police
Records Management System (RMS), Computer Aided Dispatch (CAD),
Washington and National Crime Information Computer Interface
(WACIC/NCIC Interface), and the Mobil Data Terminal Interface (MDT
Interface). We also have a license to use the Corrections Management System
(CMS) for the jail. These software modules are licensed for and are running on
the Prime computer designated as the Public Safety Computer.
The Prime computer is obsolete. The manufacturer has gone out of business. It
is becoming difficult and expensive to contract for maintenance for the Prime
computer. For these reasons, the City acquired a new Digital Equipment
Company (DEC) computer for the Public Safety Software. The original contract
with BIS required a "re -hosting" license to move the software to a new computer.
The City can neither legally nor technically operate the current software on the
DEC computer. BIS has also significantly updated their software and added new
modules that will satisfy additional City requirements.
The City has been using the BIS software for ten years. During that time the City
Police Department has built extremely large history files that work with the BIS
software. The Police have also structured many of their information and
administrative work flows around the computer system. With the modules BIS
has added for prosecutors and courts management, BIS now has a complete
Public Safety System that tracks incidents and people within a single data base
from the dispatch function, through records, prosecution, courts and jail.
Customer Service (509) 575-6080 • Finance (509) 575-6070 • Information Systems (509) 575-6098
Yakima
BIS has written all of their software utilizing the UniData database for the DEC
computer. We, likewise, use the UniData data base for nearly all the City's
software systems. The City has recently acquired a document imaging system
for the Police Department that is written in UniData. By maintaining a consistent
technology throughout all of our systems, it is much easier for the City's
programming staff to support, integrate, and modify the systems.
The relationship between the City and BIS has been good over the last ten years.
While we had some difficulties within the first couple years, since then we have
had few problems. The City's technical staff and the BIS staff frequently work
together to solve software problems and add modifications to the software.
Therefore, for all these reasons, we recommend that the City enter into an
agreement with BIS to re -host, upgrade, and acquire additional software from
BIS.
Agreement Description - We have divided the software modules in the
Agreement into two groups. The first group consists of required software
modules. These include CMS+Plus (Jail), RMS+Plus (Police Records), and
WACIC/NCIC Interface. All three of these are upgrades and re -hosts of existing
City systems. We will implement CMS+Plus first. The projected go -live date is
August 26, 1996. We will follow this system with implementation of the
RMS+Plus and WACIC/NCIC modules on January 1,1997.
The remaining modules are all optional. The CAD and MDT Interface modules
are both re -hosts and upgrades. The E911, Prosecutors and Courts Management
modules are new modules for the City. We have tentatively scheduled these
modules for implementation during 1997. Actual acceptance and implementation
of these optional modules will be based upon budget availability and further
review of the products.
Over the years the City has written several modifications to the BIS software that
assist the Police Department's operations. The Police Department was concerned
about losing these modifications if we upgraded to the new software. BIS has
reviewed our modifications and has agreed to add them to their standard
product offering to assure ongoing support of the modifications. To facilitate
implementation of these modifications and to assure the modifications meet the
City's requirements, the City will send a Senior Analyst to BIS to work directly
with their programmers.
The Agreement includes a Total System Discount that the City receives if we
acquire all the proposed modules. This discount is 30% of the license fees for the
optional modules. It amounts to $60,150. To qualify for a discount on a
particular module, the City must request that module during 1997. To actually
receive a discount on any of the modules, the City must request all the optional
modules by the end of 1998.
Funding - The required modules and professional services scheduled for
implementation during 1996 have a total cost of $216,501 including sales tax.
Funding for these required modules is contained in three accounts in the 1996
City Budget. The Information Systems budget contains $155,986 in Professional
Services designated for Public Safety Software. The Police Operating budget ,,,
includes $60,000 in Professional Services also designated for Public Safety
Software. These two accounts total $215,986. To fund the small remaining
balance and to provide a for contingencies, we have also reserved $60,000 in the
Police Capital budget. Total funding resources available in the 1996 budget is
$275,986.
We will submit a 1997 budget request for the optional modules in the
Information Systems budget. We will also encumber the remaining balance of
the funds designated in the Police Capital fund into the 1997 budget. The 1997
Information Systems' budget request will be approximately $150,000.
Public Safety Imaging - The City acquired a document imaging system at the
end of April this year. This system is intended to eliminate much of the current
paper handling and storage in the Police Department. It also includes a work-
flow module that will automatically route the document images to the proper
people for approvals, reviews and other required operations.
Our intent is to integrate this imaging system into the Police Records System. We
have already begun to receive the equipment and software and will begin to set-
up and test the system within the next few weeks. The Senior Analyst who is
scheduled to travel to BIS to assist with the City's modifications, will, at the same
time, work with the BIS programmers to determine the proper places within the
RMS programs to insert program calls to the Imaging System. The scheduled go -
live date for Imaging is January 1, 1997 -- the same as the RMS Module.
Recommendation - We recommend that the City Council adopt the Resolution
authorizing and directing the City Manager to execute the Public Safety System
Licensing and Service Agreement with BIS Computer Solutions, Inc.
Solutions, Inc., to revise, update, and supersede the current agreement with
said corporation for a public safety computer system and services at the Police
Station/Legal Center. P
ADOPTED BY THE CITY COUNCIL this a� day of
1996.
ATTEST:
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City Clerk
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nn Such an, Mayor