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HomeMy WebLinkAboutR-2009-053 CrimeView Software Program Upgrade Contract with The Omega GroupA RESOLUTION RESOLUTION NO. R-2009-53 authorizing and directing the City Manager to enter into a contract with The Omega Group, Inc. for, an upgrade of the CrimeView software package. WHEREAS, the Police Department has identified a critical need to upgrade our current CrimeView crime mapping software; and WHEREAS, the LEMAP report on Police Department operations also identified the need to upgrade the current CrimeView package; and WHEREAS, The Omega Group, Inc. offers a comprehensive upgrade of the current software package and maintenance contract for $86,000; and WHEREAS, the software upgrade is compatible with our current and any future Records Management Systems; and WHEREAS, the City Council finds that it would be in the best interest of the City to enter into a contract with The Omega Group, Inc. to upgrade the current CrimeView software, now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council hereby authorizes and directs the City Manager to enter into a contract with The Omega Group, Inc. to upgrade the current CrimeView software package. ADOPTED BY THE CITY COUNCIL this 7th day op il, 2009. ATTEST: polic veh kip sarploy CO-pn. avid Ed1 , ayo g- 2009 -s3 PROFESSIONAL SERVICES AGREEMENT CITY OF YAKIMA AND THE OMEGA GROUP THIS PROFESSIONAL SERVICES AGREEMENT (this "Agreement") is made and entered into this /v qday of PROFESSIONAL„ , 2009, by and between the City of Yakima, WA (hereinafter "the City"), and The Omega Group, INC., a California Corporation (hereinafter "Omega"): WHEREAS, the City desires to engage Omega to perform professional services for software programming for the Yakima Police Department ("YPD"); and WHEREAS, Omega has the experience and expertise necessary to provide said services and is willing to provide such services in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed by and between the City and Omega as follows: 1. Scope of Services. Omega shall provide services for the deployment of the following applications: Exhibit A: CrimeView Desktop Conversion quote, dated March 2, 2009; Exhibit B: CrimeView Server quote, dated March 2, 2009; Exhibit C: Crimemapping.com quote, dated February 17, 2009, These Exhibits are attached hereto and incorporated by reference as if set forth in full. Omega shall retain the right to perform work for others during the terms of this Agreement. 2. Term. This Agreement shall commence on the date set forth above, and unless modified by mutual agreement of the parties or terminated earlier pursuant to the terms of this Agreement, shall continue until the documented satisfactory completion of the services set forth in Exhibit A, above, or until it is terminated as set forth in Section 21. 3. Consideration. In consideration of the services performed by Omega, ,Omega shall be entitled to the following compensation: CrimeView Desktop (Conversion) Omega shall be compensated in the total amount of $26,570.00. The payment schedule is as follows: • Thirty percent (30%) $7,971.00 of the total amount due upon execution of an Agreement or delivery of a Purchase Order • Thirty percent (30%) $7,971.00 Of the total amount due upon delivery CrimeView Desktop Software • Thirty percent (30%) $7,971.00 of the total amount due upon completion of CrimeView® Desktop Deployment • Ten Percent (10%) $2,657.00 , of the total amount due thirty (30) days after completion of services Professional Services Agreement City of Yakima and Omega 1 CrimeView Server Omega shall be compensated in the total amount of $45,140.00. The payment schedule is as follows- • Thirty percent (30%) $13,542.00 of the total amount due upon execution of an agreement and/or issuance of Purchase Order o Thirty percent (30%) $13,542.00 Of the total amount due upon delivery Omega/ESRI Software • Thirty percent (30%) $13,542.00 of the total amount due upon completion of Task 6 (Installation and Training) • Ten Percent (10%) $4,514.00 of the total amount due thirty (30) days after completion of services Crimemapping.com Omega shall be compensated in the total amount of $2,700.00. The payment schedule is as follows: • Deployment Fee $0.00 No cost for deployment of Crimemapping.com • Annual Hosting Fee $2,700.00 Payment due on go -live of Crimemapping.com 4. Conduct of Services. The City agrees to provide working space and facilities, and any other services and materials Omega or its personnel may reasonably request in order to perform the work assigned to them. All work shall be performed in a workmanlike and professional manner by employees or subcontractors of Omega having a level of skill in the area commensurate with the requirements of the scope of work to be performed. Omega shall make sure its employees or subcontractors at all times observe security and safety policies of the City. 5. Method of Performing Services. The parties acknowledge and agree that the City shall have no right to control the manner, means, or method by which Omega performs the services called for by this Agreement. Rather, the City shall be only entitled to direct Omega with respect to the elements of services performed by Omega and the results derived by the City. The City can review and assess the performance Omega services for the limited purposes of assuring that such services have been performed and confirming that such results were satisfactory. 6. Additional Work. The fees and charges for any follow-on or additional work not described in Exhibit A, above, shall require agreement in advance by the parties in writing and shall be performed at Omega's current hourly rates. 7. Information Provided by the City. Omega shall provide guidance to the City in determining the data required for purposes of the contemplated services. The City agrees to use reasonable efforts to provide data and information specifically requested by Omega. 8. Status of Consultant. Omega and the City understand and expressly agree that Professional Services Agreement 2 City of Yakima and Omega Omega is an independent contractor in the performance of each and every part of this Agreement. No officer, employee, volunteer, and/or agent of Omega shall act on behalf of or represent him or herself as an agent or representative of the City. Omega, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. Omega expressly represents, warrants and agrees that its status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the six -part independent contractor test set forth in RCW 51.08.195. Omega and its officers, employees, volunteers, agents and/or subcontractors shall not make any claim of City employment nor shall make any claim against the City for any related employment benefits, social security and/or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between Omega and the City. 9. Inspection and Audit. Omega shall maintain books, accounts, records, documents and other evidence pertaining to the costs and expenses allowable and consideration paid under this Agreement in accordance with generally accepted accounting practices. All such books of account and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and/or the Washington State Auditor at all reasonable times, and Omega shall afford the proper facilities for such inspection and audit. Such books of account and records may be copied by representatives of the City and/or the Washington State Auditor where necessary to conduct or document an audit. Omega shall preserve and make available all such books of account and records for a period of ten (10) years after final payment under this Agreement. 10. Taxes and Assessments. Omega shall be solely responsible for compensating their employees, agents and/or subconsultants and for paying all related taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, Omega shall pay the same before it becomes due. 11. Nondiscrimination Provision. During the performance of this Agreement, Omega shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state or local law. This provision shall include but not be limited to the following• employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. 12. The Americans with Disabilities Act. Omega shall comply with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq (ADA) and its implementing regulations and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its implementing regulations with regard to the activities and services provided pursuant to this Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services and telecommunications. Professional Services Agreement 3 City of Yakima and Omega 13. Compliance with Law. Omega agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local or otherwise. 14. No Conflict of Interest. Omega covenants that neither they nor their employees have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. Omega further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 15. No Insurance. It is understood the City does not maintain liability insurance for Omega and its officers, directors, employees and agents. 16. Indemnification. a. Omega agrees to hold harmless, indemnify and defend the City, its elected officials, officers, employees and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the negligence of Omega, its officers, agents, employees or subcontractors in connection with or related to the performance or non-performance of this Agreement. b. In the event that both Omega and the City are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees). c. The foregoing indemnity is specifically and expressly intended to constitute a waiver of Omega's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by Omega's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. d. The City agrees to give Omega prompt notice of any such claim, demand, or action under section a and section b., above, and shall, to the extent the City is not adversely affected, cooperate fully with Omega in defense and settlement of said claim, demand, or action e. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. f. This Section of the Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 17. Insurance Provided by Omega. a. Professional Liability Insurance. On or before the date this Agreement is fully executed by the parties, Omega shall provide the City with a certificate of insurance as evidence of professional liability coverage with a limit of at least One Million Dollars ($1,000,000.00) for each wrongful act and an annual aggregate limit of at least Two Million Dollars ($2,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If the Professional Services Agreement 4 City of Yakima and Omega policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before the date this contract is executed by both parties hereto, or shall provide full prior acts coverage. The insurance coverage shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement. b. Commercial Liability Insurance. On or before the date this Agreement is fully executed by the parties, Omega shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence/aggregate limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents and employees as additional insureds and shall contain a clause that the insurer will not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. c. Commercial Automobile Liability Insurance. On or before the date this Agreement is fully executed by the parties, Omega shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence/aggregate limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents and employees as additional insureds and shall contain a clause that the insurer will not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar days' prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington d. Insurance Provided by Subconsultants. Omega shall ensure that all subconsultants it utilizes for work/services required under this Agreement shall comply with all of the above insurance requirements. 18. Delegation of Professional Services. The services provided for herein shall be performed by Omega and no person other than regular associates or employees of Omega shall be engaged upon such work or services except upon written approval of the City. 19. Assignment. This Agreement, or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by Omega to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations and liabilities of Omega stated herein. 20. Waiver of Breach. A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given inany one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. Professional Services Agreement 5 City of Yakima and Omega 21. Termination. This Agreement may be terminated by either party upon sixty (60) days prior written notice, with or without cause, in addition to if the other party breaches any term hereof and the breaching party fails to cure such breach within the 60 -day period; provided that, notwithstanding the foregoing, the cure period for any failure of the City to pay fees and charges due hereunder shall be thirty (30) days from the date of receipt by the City of notice of delinquency 22. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 23. Third Parties. The City and Omega are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any right or benefit, whether directly or indirectly or otherwise, to third persons. 24. Drafting of Agreement. Both the City and Omega have participated in the drafting of this Agreement. As such, it is agreed by the parties that the general contract rule of law that ambiguities within a contract shall be construed against the drafter of a contract shall have no application to any legal proceeding, arbitration and/or action in which this Agreement and its terms and conditions are interpreted and/or enforced. 25. Integration. This written document and the attachments constitute the entire Agreement between the City and Omega. There are no other oral or written agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 26. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 27. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 28. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. 29. Return City Property. Upon termination of this Agreement for any reason, Omega shall promptly return to the City all copies of any City data, records, or materials of whatever nature or kind, including all materials incorporating the proprietary information of the City. Omega shall also furnish to the City all work in progress or portions thereof, including all incomplete work. 30. Nonsolicitation. During the term of this Agreement and for a period of six (6) months after the expiration or termination of this Agreement, for any reason whatsoever, the parties covenant and agree not to hire or engage or attempt to hire or engage employees of the other party, except through advertisements directed to the general public or as expressly pre - approved by the other party. Professional Services Agreement 6 City of Yakima and Omega 31. Confidentiality. The parties agree not to disclose to any third party any proprietary information disclosed to it by the other party without the prior written consent of such disclosing party, subject to the requirements of the Washington State Public Records Act, RCW 42 56 et. seq. The parties further agree to take the same care with the proprietary information as it does with its own, but in no event with less than a reasonable degree of care. This obligation of the parties shall survive beyond the effective termination date of this Agreement. These restrictions shall not be construed to apply to (1) information generally available to the public, (2) information released by either party generally without restriction; (3) information independently developed or acquired by either party or its personnel without reliance in any way on other protected information of the other party; or (4) information approved for the use and disclosure of either party or its personnel without restriction. 32. DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, OMEGA DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES RENDERED BY ITS PERSONNEL OR THE RESULTS OBTAINED FROM THEIR WORK, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT PERMITTED UNDER WASHINGTON LAW. 33. LIMITATION OF LIABILITY. OMEGA'S CUMULATIVE LIABILTY UNDER OR FOR BREACH OF THIS AGREEMENT SHALL BE LIMITED TO THE FEES PAID BY THE CITY TO OMEGA. OMEGA SHALL HAVE NO LIABILITY FOR LOSS OF DATA OR DOCUMENTATION, IT BEING UNDERSTOOD THAT THE CITY IS RESPONSIBLE FOR BACKUP PRECAUTIONS. IN NO EVENT SHALL OMEGA BE LIABLE FOR ANY LOSS OF PROFITS, ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY CLAIMS OR DEMANDS BROUGHT AGAINST THE CITY, EVEN IF OMEGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DEMANDS. OMEGA SHALL NOT BE LIABLE TO THE CITY FOR ANY FAILURE OR DELAY CAUSED BY EVENTS BEYOND OMEGA'S CONTROL, INCLUDING, WITHOUT LIMITATION, THE CITY'S FAILURE TO FURNISH NECESSARY INFORMATION; SABOTAGE; FAILURE OR DELAYS IN TRANSPORTATION OR COMMUNICATION; FAILURES OR SUBSTITUTIONS OF EQUIPMENT; LABOR DISPUTES; ACCIDENTS; SHORTAGES OF LABOR, FUEL, RAW MATERIALS OR EQUIPMENT; OR TECHNICAL FAILURES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. 34. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: Professional Services Agreement 7 City of Yakima and Omega TO CITY TO OMEGA: Richard A. Zais, Jr. City Manager (or) Dave Zabell Assistant City Manager City of Yakima 129 North Second Street Yakima, WA 98901 (and) Yakima Police Department 200 South Third Street Yakima, WA 98901 Attention: Cesar Abreu Milan Mueller President 5160 Carroll Canyon Road First Floor San Diego, CA 92121-1775 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 35. Headings. The section headings used herein are for reference only, and shall not limit or control any term or provision of this Agreement or the interpretation or construction hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as set forth below. CITY OF YAKIMA THE OMEGA GROUP By: `�� � By: a,44 R. A. Zais, , City Manager Date. 406/0 9 Date: 31 11 (Cf) ATTEST: = .�p,K1Mq ''�, ATTEST: City Clerk City Contract No. ZD City Resolution No. ,g-,,1&9,5_3 Professional Services Agreement 8 City of Yakima and Omega Date March 2, 2009 Cesar Abreu Cnme and Intelligence Supervisor Yakima Police Department 200 S 3rd Street Yakima, WA 98901 Re: CrimeView Desktop (Conversion) Cesar Abreu, The leader in providing innovative GIS solutions to public safety and education agencies. 5160 Carroll Canyon Road, 1st Floor • San Diego, CA 92 121-1 775 Phone. 858.450.2590 • Fax: 858.450.0239 E-mail. maikatheomegagroup.com • Web: wvnv.theomego grouo.corn Enclosed are the estimated costs for the Conversion of CrimeView Desktop to ArcGIS 9 x. Application descriptions, along with pricing, requirements and configurations are included. The Omega Group was founded in 1992. Our mission is dedicated to enriching the quality of life in communities by providing solutions for public safety agencies. The Omega Group's professional experience includes working with over 350 law enforcement agencies 'implementing our CrimeView Enterprise solutions, which focuses on mapping and analysis applications for crime analysts, officers, command staff and the community. The Omega Group is an ESRI (Premier) Foundation Partner, recognized by ESRI for its development of solutions built on ESRI technology. We offer to our clients: o Mapping technology and services e Project management, application building, testing and analysis o Ongoing education, training and support After the completion of services and acceptance of our work, we will continue to provide to the client ongoing software and system maintenance via our Customer Support Program Please do not hesitate to let me know if you have any questions; our office number is (800) 228-1059. Thank you, Chns Baldwin Regional Sales Executive CRIMEVIEW Yakima Police Department, WA CrimeView `Conversion' The Omega Group, Inc. Exhibit A March 2, 2009 Application Description CrimeView is essential to law enforcement agencies that are committed to Community Onented Policing, Problem Solving and CompStat management. CnmeView permits law enforcement agencies to geographically view and analyze data from their RMS (Records Management System), CAD (Computer Aided Dispatch) and known -offender data sets. Users can map, analyze, and report crime incidents by type, proximity, or other search cnteria. This geographic presentation of the data quickly identifies problem areas and trends associated with cnme data. Rather than spending hours pouring over tables and reports, a visual representation of the same data is presented on a map, which can be evaluated quickly and easily. This information helps with officer deployment by quickly identifying the areas where the officers are needed most. Effectiveness of current law enforcement efforts can be quickly illustrated by the geographic representation. Data Flow Alternative data flows (hardware/network configurations) are available. The diagram represents the preferred data flow for the implementation of CrimeView. 2 CRIMEVIEW' Yakima Police Department, WA CrimeView 'Conversion' The Omega Group, Inc. Exhibit A March 2, 2009 Project Estimate The Package total is estimated at $26,570.00. Software versions and quantities need to be confirmed. Only one license of CrimeView Desktop is assumed. Software: Omega software includes one (1) year of maintenance. Omega Software: • One (1) licensed copies of CrimeView 4.x, upgrade version • One (1) licensed copy of The Omega Import Wizard ESRI Software: • One (1) licensed copy of ArcGIS (ArcView) 9.x • One (1) licensed copy of ArcGIS (Spatial Analyst) 9.x $4,495.00 $495.00 No Cost $1,500 00 $2, 500.00 Maintenance: $2,595.00 • One (1) year of Annual Maintenance* • Client is no longer current under the Omega Support Plan. Client will begin new maintenance plan, and will commence upon completion of Task 4 (below) Professional Services (Per Task): $19,480.00 Task 1 Project Planning and Data Collection $4, 350 00 • Identify GIS map layers and design preferences • Identify source tabular data from RMS and CAD • Collect base map GIS data layers • Connect to records data source, extract sample datasets and send output profiles to Omega using Import Wizard • Collect lookup tables Task 2 Application Development $6,960 00 • Add GIS layers to map document and create address locators • Develop and configure data import profiles. Up to three (3) profiles are included • Create Saved Queries database and design Crystal Report templates • Add Omega functionality and other customizations to GIS application • Test application functionality • Develop training documents Task 3 Application Deployment (At Client Site) $6,575.00 • CrimeView Desktop Installation: Up to eight (8) hours on-site. One (1) Omega personnel. o Install and configure data import profiles on import machine o Test import profiles and import histoncal data o Schedule automated data import process o Install and configure OmegaGIS application on user machines 3 CRIMEVIEW' Yakima Police Department, WA CrimeView `Conversion' The Omega Group, Inc. Exhibit A March 2, 2009 • CrimeView Desktop On-site training: Sixteen (16) hours on-site for three (3) persons, One (1) Omega personnel • Travel for The Omega Group One (1) staff members to provide installation and training for one (1) trip Task 4 Finishing Application Design $1,595 00 • Edit and Customize Import Profiles, Saved Quenes, Crystal Report Templates and Application Style, per user. feedback. • Test Application Functionality NON -DISCLOSURE This document has been prepared by the sales division of The Omega Group and is a confidential document that contains ideas, concepts, methods and other proprietary information. Readers are to treat the information contained herein as confidential and may not copy or reproduce any of these materials for distribution outside of their organization without the written permission of The Omega Group. The estimate will remain valid for 3 months from the date on the estimate for Omega Software and Services only End of Estimate Payment Schedule In consideration of the services to be performed by Omega, Omega shall be entitled to compensation in the total amount of 526,570.00. The payment schedule is as follows: • Thirty percent (30%) $7,971 00 of the total amount due upon execution of an Agreement or delivery of a Purchase Order • Thirty percent (30%) $7,971 00 Of the total amount due upon delivery CrimeView, Desktop Software • Thirty percent (30%) $7,971.00 of the total amount due upon completion of CnmeView® Desktop Deployment • Ten Percent (10%) $2,657.00 of the total amount due thirty (30) days after completion of services Omega Maintenance Plan Maintenance, Annual (Customer Support). Clients that are not current under support will pay a maintenance activation fee Please see the Customer Support Program Document for details of coverage Implementation Timeline Unless otherwise documented, the completion of all services will take approximately 90 days from date of data collection. Onsite installation and training will be scheduled only after application development is complete. Additional Software Licenses (Costs) Full Price / Upgrade Price CrimeView Licenses (Single Use License) $1,500.00 each/ $495.00 each 4 CRIMEVIEW Yakima Police Department, WA CrimeView `Conversion' The Omega Group, Inc. Exhibit A March 2, 2009 Data Specifications Datasets to be Imported via Omega Import Wizardrm The client operates the BIS RMS (Unidata Database) and Hi -Tech CAD (Universe Database) System database. The following data sets represent tables of data to be extracted by The Omega Import Wizard. An Import Profile will be built for each data set listed. A total of three (3) profiles have been identified for this project. Profile Database Vendor/Type Data Set 1 Records Management - UniData Database Incident Reports 2 Records Management - UniData Database TBD 3 CAD Universe Database Calls for Service Please review the Omega Import Wizard Appendix for more details regarding the Omega Import Wizard and the use of Profiles. Because a significant amount of work (and cost) can be attributed to the incident or person data being imported, it is important that Omega Project Management have access to local knowledge regarding the RMS or CAD data/database as outlined under General Requirements (see next page). Hardware Specifications Hardware for the Client Workstations (For CrimeView® Desktop) The Omega Group recommends the following hardware specifications for a workstation with a stand-alone crime analysis application working with ArcView and CrimeView® Recommended • Intel Core 2 Duo • Memory — 2- 4 GB • Hard drive — 80GB • CD-RW/DVD • Video/graphics -256MB • 1 Gigabit Ethernet Client Roles and Responsibilities Critical to the success of every implementation is having the appropriate client staff prepared to be active participants and to understand what is expected from them for the duration of the implementation. Two critical components to this implementation pertain to local knowledge of the data schema for the CAD and RMS data sources and what data should be available for mapping and reporting. Database Administrator The client should expect to provide staff resources who can demonstrate knowledge of the tabular structure (schema) of the RMS and other data sources. These persons will be expected to assist Omega Technicians in building SQL statements that includes all the 5 Yakima Police Department, WA CRIMEVIEW CrimeView `Conversion' The Omega Group, Inc. Exhibit A March 2, 2009 fields of data that the client wants for mapping and reporting. This assistance would pnmanly be in the form of understanding database structure and table relationships. Crime Analyst/ Intelligence Analyst The client should expect to provide staff resources who can confirm what data needs to be included for mapping and reporting. These persons should have direct experience in working with crime incident data through previous extractions from the RMS and other data sources and from the perspective of a Crime Analyst. GIS Analyst The client should provide staff resources that can make available and maintain base map data to the Police Department. Base map data would be in an ESRI compatible format. The assistance would be in providing Omega Technician the current base map layers during the deployment process and providing updated base map data twice a year. The Omega Group maintains an inventory of data extraction templates (e.g. SQL Statements) that can be used to as a starting point for the development of a customized data interface. However, having client staff that can provide local knowledge of the database can reduce the overall project time, facilitate the ongoing maintenance of the application and produce a more useful crime incident mapping and reporting environment. Project Planning Remote Connectivity: Secure or confirm remote access via the use of Expert City's GoToMyPC or the use of a VPN Connection. • Establishing Remote Connection to the Server(s). o Data Collection, Installation and Technical Support may be performed through remote connection, reducing cost of project and time it takes to complete services o Omega Recommends ExpertCity's GoToMyPC or VPN for remote connections ■ Provide Network IP Address if VPN is used • If the client is unable to provide high speed remote access with GoToMyPC or similar connection software to The Omega Group for the collection of the required data sets then an additional fee will be charged to the client based on the additional time required for data collection. System Architecture Server and Workstation Hardware: The client will provide for hardware to be utilized in conjunction with CrimeView® Desktop. Hardware should include workstations and a file server(s) to store GIS data. • The Omega Group recommends the client to maintain a database of relevant Geographic Information in a file server for the CrimeView application(s). This 6 CRIMEVIEWs Yakima Police Department, WA CrimeYiew `Conversion' The Omega Group, Inc. Exhibit A March 2, 2009 database will be a warehouse of street, boundary and point data, as well as incident and person data sets from the client data systems Data Geography: The client will provide for the geographic base data for the project. In addition to the Street Centerline this may include. Parks, Schools, Beats, Reporting Distncts, Landmarks, Stations, Parcels, etc. During the project kick-off a discussion regarding the type and availability of data will ensue. • Street Centerline File: The client must provide accurate reference data that will be used to generate a geocoding service. Typically the reference data is a street centerline file, address points or a parcel layer. Application Deployment Prior to the CrimeView® Desktop Installation: the following items should be completed by the Network Administrator / GIS Coordinator and Crime Analyst e ESRI Training Course: The Crime Analysts/ Onsite Administrators have completed ESRI's Introduction to ArcView (course) Information may be found at website. http.//training.esn.comiilt/schedule/index.cfm o The Omega Group highly recommends all personnel working with CnmeView to have the Introduction to ArcGIS 1 and/or Introduction to ArcGISH training in addition to CrimeView training. At least one person, preferably the on-site CrimeView administrator, should have a solid understanding of ArcGIS (ArcMap and ArcCatalog). The Omega Group requires that at least the system administrator or primary user receive ArcGIS training prior to receiving CrimeView training. o CrimeView® Desktop Training Facility: The client has secured an adequate room with network and internet access to train individuals on CrimeView® Desktop. The room will require enough workstations for everyone to be trained, each with a copy of ESRI's ArcView 9.x and ESRI's Spatial Analyst 9 x installed. The client will install the ESRI software 7 March 2, 2009 Cesar Abreu Crime and Intelligence Yakima Police Department Yakima, WA Re' CrimeView Server Mr. Abreu, The leader in providing innovative GIS solutions to pubic safety and education agencies. 5160 Carroll Canyon Road, 1st Floor • San Diego, CA 92121-1775 Phone: 858.450.2590 • Fax: 858.450.0239 E-mail: mailatheomegagroup. com • Web: www theomegacirouo. corn Enclosed are the estimated costs for the implementation of CrimeView Server Application (functionality) description, along with pricing, and requirements are included. The Omega Group was founded in 1992. Our mission is dedicated to enriching the 'quality of life in communities by providing solutions for public safety agencies. The Omega Group's professional expenence includes working with over 350 public safety agencies in North America implementing CrimeView solutions, which focus on mapping and analysis applications for crime and public safety analysts, officers, command staff and the community. The Omega Group is an ESRI (Premier) Foundation Partner, recognized by ESRI for its development of solutions built on ESRI technology. We offer to our clients: • Mapping technology and services • Project management, application building, testing and analysis • Ongoing education, training and support After the completion of services and acceptance of our work, we will continue to provide ongoing software and system maintenance via our Customer Support Program. Please do not hesitate to let me know if you have any questions; our office number is (800) 228-1059 Thank you, Chris Baldwin Regional Sales Executive CRIMEVIEW' Server Yakima Police Department Washington Exhibit B March 2, 2009 NON -DISCLOSURE This document has been prepared by the sales division of The Omega Group and is a confidential document that contains ideas, concepts, methods and other proprietary information. Readers are to treat the information contained herein as confidential and may not copy or reproduce any of these materials for distribution outside of their organization without the written permission of The Omega Group The estimate will remain valid for 3 months from the date on the estimate for Omega Software and Services only. Project Description CrimeView Server Resources (Hardware and Software) will be deployed at the client site, and integrate with data from their RMS and CAD database(s). Data from those servers will be automatically extracted via the Omega Import Wizard and converted to feature classes in an ArcSDE database CrimeView Server will access the feature classes for spatial crime analysis in a thin client environment. Omega will build CrimeView Server using available resources provided by the client, including local GIS reference data for geocoding. street centerlines and address points are two likely layers that the client will provide. Omega will finish the deployment of the solution with onsite training services. Upon completion of the installation and training, the client will be extended a 30 day period of time to request changes to the data, the saved queries or application style. CRIME V lE W • Server Yakima Police Department Washington Exhibit B March 2, 2009 Application Description CnmeView Server will be deployed on ESRI's ArcGIS Server 9.3 technology, providing the ability to effectively query and analyze cnme incident data for both the novice and advanced user Novice users, with minimal training, can easily navigate the features of CnmeView Server by using the simple interface provided. Outlined below are the features included with CrimeView Server. • Query Routines. The query routines select incidents using both an attribute query and spatial query and create a map displaying the selected incidents Reports can then be opened based on the incidents that were selected. o Attribute Query: The Attribute Query routine selects incidents based on an attribute query. o Within A Boundary: The Within a Boundary routine selects incidents within one or more boundaries in addition to an attribute auery LINCOLN PO PIN MAPPING UnAIt MAP 3 O.EM 0 O+w•M•, .•y (i 1 Incidents within a boundary o Near an Address. The Near an Address routine selects incidents based on their proximity to a street address or intersection in addition to an attribution query o Near a Feature. The Near a Feature routine selects incidents based on their proximity to one or more features m addition to an attnbute query. Features can be points (e.g., schools or banks), lines (e.g., streets or rivers), or polygons (e.g., parks or report districts). • Density Routines The density routines are used to analyze and display the geographic concentrations of crime incidents. o Density Map: The Density Map routine creates a choropleth map using either the count of incidents or density of incidents (count of incidents / area) in an existing boundary layer CRIMEVIEW. Server Yakima Police Department Washington Exhibit B March 2, 2009 o Repeat Calls. The Repeat Calls routine creates a layer that reveals the places with multiple incidents occurring at the same location. ® LINCOLN PD :;:j r'rr; w cvrra; .b UPDATE NAD 2 meAR TLC- !I�.4 It,OCw MII�4�nT0g ?f .,� 1.111 A...a.. r�...w 4,a..a., 3,e. nL 'tf l lny. /.:r4. • Repeat Calls Generate Reports • Incident detail, incident summary, person detail, and repeat calls reports are provided as standard report templates using Crystal Reports. • Additional custom reports can be developed for any data table using Crystal Reports (i.e. Compstat Style or Exception reports) • Instant Reports can be generated on -the -fly for any table • Reports can include linked tables, charts, images, etc. Generate Graphs • 7/24 • Crime Type • Day of Week • Month of Year • Time of Day Mapping Features • Panning and Zooming • Feature Identification • Overview Map • Map Legend CRIMEVIEW. Server Yakima Police Department Washington Exhibit B March 2, 2009 Project Quote Total: 545,140.00 The package total is for software and services only. Hardware has not been included. Software: Omega software includes one (1) year of maintenance Omega Software: • One (1) licensed copy of CrimeView Server o ArcGIS Server Standard Enterprise 9.3 o Crystal Reports Runtime Other Software: • One (1) licensed copy of Arclnfo 9.3 • One (1) copy of SQL Server 2008 Enterprise Data: $21,500.00 $21,500 00 Client will Provide Client will Provide N/A Professional Services and Travel (Per Task) $23440.00 Task 1 Project Planning and Data Collection $3,280.00 • Identify and collect GIS map layers and design preferences • Identify hardware components and configuration. Acquire network access. • Identify tabular data from source database • Connect to records data source, extract sample datasets and send output profiles to Omega using Import Wizard • Collect lookup tables Task 2 ESRI Software Deployment (Remote Installation) • Installation of MS SQL Server 2008 Enterprise • Installation and configuration of ArcSDE • Installation of ArcEditor 9.x • Installation and configuration of ArcGIS Server $3,280 00 Task 3 Data Integration $3,280 00 • Modify Import Profiles • Modify SQL Statements • Import data into Geodatabase • Modify Saved Queries for each data set • Modify Crystal Report Templates. One report per layer, temporal heat and repeat calls Task 4 Application Development • Create address locators • Create CrimeView Server configuration • Create two (2) Map Caches $3,280 00 CRIME VIEW, Server Yakima Police Department Exhibit B Washin on March 2, 2009 • Add Omega functionality and other customizations to GIS application Task 5 Application Deployment (Remote Installation) • Install and configure CrimeView Server web application • Configure data import profiles • Schedule automated data import process $3, 280.00 Task 6 Training $3,960.00 • One (1) day of Application and Administrative Training/Review • Travel for one (1) onsite visit for Omega Project Management or Technicians. Task 7 Finishing Application Design $3, 280.00 • Edit and customize Import Profiles, Saved Queries and Application Style, per user feedback. • Test application functionality NON -DISCLOSURE This estimate has been prepared by the sales division of The Omega Group and is a confidential document that contains ideas, concepts, methods and other proprietary information. Readers are to treat the information contained herein as confidential and may not copy or reproduce any of these materials for distribution outside of their organization without the written permission of The Omega Group. The estimate will remain valid for 3 months from the date on the estimate for Omega Software and Services only End of Estimate Payment Schedule In consideration of the services to be performed by Omega, Omega shall be entitled to compensation in the total amount of 545,140.00. The payment schedule is as follows: • Thirty percent (30%) $13,542.00 of the total amount due upon execution of an agreement and/or issuance of Purchase Order • Thirty percent (30%) $13,542.00 Of the total amount due upon delivery Omega/ESRI Software • Thirty percent (30%) $13,542.00 of the total amount due upon completion of Task 6 (Installation and Training) • Ten Percent (10%) $4,514 00 of the total amount due thirty (30) days after completion of services Maintenance / Customer Support Omega Maintenance Annual Support fee is paid annually. The first year of support for the application is included in the initial purchase and begins after the completion of onsite installation and training. Please request a copy of the Customer Support Program for details. Maintenance, Annual (Customer Support): $5,995.00 Includes: CrimeView Server SOE ArcGIS Server Standard Workgroup 9.3 ArcEditor 9.3 CRIMEVIEW. Server Yakima Police Department Washington Exhibit B March 2, 2009 Map Cache All deployments will include 2 Map Caches. The Omega Group will provide updates of the Map Caches up to twice each year per standard maintenance packages A map cache is a collection of pre -rendered map tiles that can be used for display of a map service. Cached services display quickly because the map image does not have to be rendered on the fly, the cost of rendering the image is paid only once when the cache is created. Implementation Timeline The completion of all services is estimated to take 90 days from date of data collection. The Omega Group will begin data collection only after the RMS system is in production. Onsite installation and training will be scheduled only after application development is complete. Hourly Rate Additional Services: • Project Staff. $205/hour Incident Data Specifications Datasets to be Imported via Omega Import Wizard"( The client operates the BIS RMS (Unidata Database) and Hi -Tech CAD (Universe Database) System database. The following data sets represent tables of data to be extracted by The Omega Import Wizard. An Import Profile will be built for each data set listed. A total of three (3) profiles have been identified for this project. Profile Database Vendor/Type Data Set 1 Records Management - UniData Database Incident Reports 2 Records Management - UniData Database TBD 3 CAD Universe Database Calls for Service Please review the Omega Import Wizard Appendix for more details regarding the Omega Import Wizard and the use of Profiles. Because a significant amount of work (and cost) can be attributed to the incident or person data being imported, it is important that Omega Project Management have access to local knowledge regarding the RMS or CAD data/database as outlined under General Requirements. Client Roles and Responsibilities Critical to the success of every implementation is having the appropriate client staff prepared to be active participants and to understand what is expected from them for the duration of the implementation. Two critical components to this implementation pertain to local knowledge of the data schema for the CAD and RMS data sources and what data should be available for mapping and reporting CRIMEVIEW, Server Yakima Police Department Washin ' on Exhibit B March 2, 2009 Database Administrator The client should expect to provide staff resources who can demonstrate knowledge of the tabular structure (schema) of the RMS and other data sources. These persons will be expected to assist Omega Technicians in building SQL statements that includes all the fields of data that the client wants for mapping and reporting. This assistance would primarily be in the form of understanding database structure and table relationships. Crime Analyst/ Intelligence Analyst The client should expect to provide staff resources who can confirm what data needs to be included for mapping and reporting. These persons should have direct experience in working with crime incident data through previous extractions from the RMS and other data sources and from the perspective of a Crime Analyst. GIS Analyst The client should provide staff resources that can make available and maintain base map data to the Police Department. Base map data would be in an ESRI compatible format. The assistance would be in providing Omega Technician the current base map layers during the deployment process and providing updated base map data twice a year The Omega Group maintains an inventory of data extraction templates (e.g. SQL Statements) that can be used to as a starting point for the development of a customized data interface. However, having client staff that can provide local knowledge of the database can reduce the overall project time, facilitate the ongoing maintenance of the application and produce a more useful crime incident mapping and reporting environment. Project Planning Remote Connectivity: Confirm remote access via the use of Citnx's GoToMyPC or the use of a VPN Connection. • Establishing Remote Connection to the Server(s) o Data collection, installation and technical support may be performed through remote connection, reducing time it takes to complete services o Omega recommends Citnx's GoToMyPC or VPN for remote connections ■ Provide network IP address if VPN is used • If the client is unable to provide high speed remote access with GoToMyPC or similar connection software then an additional fee will be charged based on the additional time required for data collection and application deployment Hardware Specifications for CrimeView Server Deployment Minimum Requirements All Hardware will be dedicated to the CrimeView Server Application. Virtual Servers are not recommended. Windows Server 2003 and 2008 are supported. C RIME V I E W' Server Yakima Police Department Washington Exhibit B March 2, 2009 Because hardware technology evolves quickly, please contact Omega pnor to purchasing hardware in order to obtain the current hardware recommendations ArcSDE Server • multiple -Core Intel® Xeon® Series, 2 CPU's • 4GBRAM • RAID 1 Disk Configuration using SCSI disks 15K RPM — 73 GB • RAID 5 (RAID 10 Recommended) Disk Configuration using SCSI disks 15K RPM 146 GB • 1 Gigabit Ethernet network cards ArcGIS Server/Web Server • multiple -Core Intel® Xeon® Series, 2 CPU's • 4GBRAM • RAID 1 Disk Configuration using SCSI disks 15K RPM — 73 GB • RAID 5 (RAID 10 Recommended) Disk Configuration using SCSI disks 15K RPM — 146 GB • 1 Gigabit Ethernet network cards Additional Requirements Browsers Supported Internet Explorer 6 and 7 FireFox Domain Account Require a domain account which is a member of the local Administrators group on the Import Wizard Server, GIS Server, and Web Server. Development vs. Production Environments The proposed deployment of CrimeView Server will be in the production environment. February 17, 2009 Cesar Abreu Crime and Intelligence Supervisor Yakima Police Department 200 S 3rd Street Yakima, WA 98901 Re: Crimemappmg.com Cesar Abreu, The leader in providing innovative GIS solutions to public safety and education agencies. 5160 Carroll Canyon Road, 1st Floor • San Diego, CA 92121-1775 Phone: 858.450.2590 • Fax: 858.450.0239 E-mail: mail(ntheomegagrouc com • Web: www theomegagroup.com Enclosed is a proposal for the deployment of CrimeMapping.com. This application will use Google Maps for the user interface and will be driven by ESRI technology on the backend for extracting, geocoding and converting tabular data to a spatial database. The Omega Group was founded in 1992. Our mission is dedicated to enriching the quality of life in communities by providing solutions for public safety agencies. The Omega Group's professional experience includes working with over 350 law enforcement agencies implementing our CrimeView Enterpnse solutions, which focus on mapping and analysis applications for crime analysts, officers, command staff and the community. The Omega Group is an ESRI (Premier) Foundation Partner, recognized by ESRI for its development of solutions built on ESRI technology. We offer to our clients: o Mapping technology and services • Project management, application building, testing and analysis • Ongoing education, training and support Please do not hesitate to let me know if you have any questions, our office number is (800) 228-1059 Thank you, Chris Baldwin Regional Sales Executive Yakima Police Department Exhibit C CRIMEMAPPING.com Washington February 17, 2009 Project Description The Omega Group will deploy, via remote services, the Omega Import Wizard on a server at the client host location, along with a one copy of ESRI's ArcView 9.2 sp4 or higher. 'The Import Wizard will be automated to retrieve, via a SQL statement, up to five fields of data from the CAD records, including, Address Location, Call Type, Date, Time, and Record Number The Import Wizard will clean and geocode the data at the client site, and then automatically send the data to Omega's hosting facility in San Diego, CA, via a secure web service transmission, at least once a day. A link can,be set up on the client's department website, enabling users to navigate from the agency web page directly to Cnmemapping.com, either the map showing the agency's jurisdiction or the email notification page to enable users to track crime in and around their own address The implementation time is approximately 1 day. The initial deployment will be on a staging site, where only the client may access the application, in order to test and approve the output of data. After approval, Omega will activate the application for public use, and will initiate an annual or monthly hosting fee as described below. 2 CRIME iMAPPI NG. com Yakima Police Department Washington Exhibit C February 17, 2009 CrimeMapping.com The Omega Group hosts CnmeMapping.com. There are no hardware or setup costs for choosing the CrimeMapping.com solution. The client will provide one copy of ArcGIS 9.2 Service Pack 4, or higher. The tasks below are related to the development and deployment of your CrimeMapping.com application using Google Maps and ESRI technology. You will have the choice to either go live with your data directly to CrimeMapping.com or test it for a limited time in our staging area. The maximum duration for testing within the staging environment is thirty (30) days. After the thirty (30) day period expires, you will begin paying a monthly or annual hosting fee. Professional Services; No Charge Task 1 CrimeMapping.com Project Planning • Identify data source for incident'data • Identify data fields from incident reports to be displayed in CrimeMapping.com Task 2 CrimeMapping Development and Deployment • Set up Import Wizard - CrimeMapping (CM) Layer Output • Set up Omega Extractor - Server Preparation • , Set up Omega Extractor - Client Installation • Set up Omega Extractor — Automation (Web Service) • Test CrimeMapping.com application functionality m staging area if needed • Launch your CrimeMapping.com application live at Web site Note: Currently a minimum of ArcGIS 9.2 Service Pack 4 is required in order to provide existing clients with our CrimeMapping.com service. All labor will be performed by The Omega Group. No staff time will be required by your Agency. Hosting Fee: The Omega Group will host the application for a period of (1) one year. At the end of the (1) one year term your contract will be automatically renewed. Hosting Fees Options are as follows • Monthly Payments $250.00 per month • Annual Payments $2,700.00 per year (ten -percent discount for an entire year) NON -DISCLOSURE This estimate has been prepared by the sales division of The Omega Group and is a confidential document that contains ideas, concepts, methods and other proprietary information. Readers are to treat the information contained herein as confidential and may not copy or reproduce any of these materials for distribution outside of their organization without the written permission of The Omega 3 CRIlMENIAPPING.com Yakima Police Department Exhibit C Washington February 17, 2009 Project Specifications Data Flow The diagram below depicts the data flow from the Law Enforcement Databases to the CnmeMapping.com application. 4 CRIMEMAI'1'1 NG.com Yakima Police Department Washington February 17, 2009 Exhibit C CrimeMapping.com Hosting Agreement 1. Definitions. 1.1 "Customer" means the persons, entity or agents and authorized representatives accepting this agreement. 1.2 "Content" means all data provided by Customer on The Omega Group's server computers. 1.3 "Crimemapping com" means pages presenting the Content stored by Customer on The Omega Group's server computers. 1.4 "User" means users of Customer's Crimemapping.com. 1.5 "Confidential Information" means information that Customer takes reasonable steps to maintain in confidence and identifies in writing to The Omega Group as confidential. 2. Web Hosting. 2.1 — Hosting. The Omega Group will provide dedicated or shared server computers, with an Internet address for storage and access of Customer Content, and the Crimemapping.com website 2.2 - Crimemapping.com Backup. The Omega Group will backup Crimemapping.com in a commercially reasonable manner. However, The Omega Group is not responsible for lost Content. Cnmemapping.com backups will be stored by The Omega Group for no longer than 30 days 2 3 - Standards The Omega Group's services will conform to the following - 2.3 1 - Availability of Cnmemapping.com. The Omega Group will provide hosting services for Cnmemapping.com that meet reasonable commercial standards for, among other matters, packet loss, accessibility, latency, availability, and throughput. 5 CRIMVI[EE \7A P11 NG.com Yakima Police Department Exhibit C Washington February 17, 2009 2 3.2 - Secunty The Omega Group will take commercially reasonable steps to prevent unauthorized access to Crimemapping.com and Content communicated to and stored on The Omega Group's server computers. 2.3 3 - Server/Network Computer Outages. The Omega Group will employ best efforts in providing advance notice to Customer of scheduled server computer/network outages. 3. Ownership of Content. All Content stored by Customer on The Omega Group's server computers shall at all times remain the property of Customer. Customer grants to The Omega Group a non- exclusive, worldwide license to the Content only to the extent necessary for The Omega Group to host Crimemapping.com. 4. Payments. 4 1 - Fees Hosting is for one year, paid monthly, or annually up front. The fees are as follows (Check One) Monthly Payments: $250 00 per month Annual Payments $2,700 00 per year ($225.00, per month) The Omega Group will invoice monthly (unless otherwise agreed in writing), and payment is due thirty (30) days from invoicing. In the case of credit card payments The Omega Group will automatically charge Customer Credit Card on file all fees associated with the account on the due date. The Omega Group may, at its option, charge a 10% fee for late payments. 4 2 - Returned Checks and Declined Credit Cards may incur a fee. 4 3 - Account Updates It is the responsibility of the customer to maintain accurate billing information with The Omega Group This may include updated credit card information, email address and mailing address. 6 Yakima Police Department CRIME %1A PPINC.cani Washington February 17, 2009 5. Term and Termination. 5 1 - Term. The initial term is agreed upon dunng account signup. After the initial term, this Agreement will automatically renew on a month-to-month basis until terminated. Exhibit C 5 2 - Termination by Customer During the initial term, Customer may terminate this Agreement upon the matenal breach of The Omega Group, if such material breach remains uncured for thirty (30) days following written notice to The Omega Group. This cure period shall be extended by delay caused by events beyond the control of The Omega Group including, but not limited to, natural disasters, govemmental prohibitions or regulations, viruses that did not result from the acts or omissions of The Omega Group, or technical faults of The Omega Group's service providers or vendors. After the initial term, Customer may terminate this Agreement upon fourteen (14) days written notice to The Omega Group 5.3 - Termination by The Omega Group. The Omega Group may immediately terminate this Agreement for cause at any time without penalty. Causes justifying immediate termination include, but are not limited to violation of any foreign, federal, state, or local law; non-payment of fees due under Part 4 of this Agreement; breach of this Agreement; and violation of any other The Omega Group policy. The Omega Group may terminate this Agreement without cause at any time upon thirty (30) days written notice to Customer. 6. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE OMEGA GROUP, AND ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE, MAKE NO WARRANTY IN CONNECTION WITH THE OMEGA GROUP HARDWARE OR SERVICES, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INGRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. 7. LIMITATION OF LIABILITY. THE OMEGA GROUP, ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOST BUSINESS, LOST DATA OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE OMEGA GROUP 7 CRIMEMAPPI NG.com Yakima Police Department Exhibit C Washington February 17, 2009 HARDWARE OR SERVICES CUSTOMER AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY SHALL BE RETURN OR REDUCTION OF FEES PAYABLE TO THE OMEGA GROUP 8. Customer Indemnity. Customer shall defend The Omega Group against any third party claim, action, suit or proceeding arising as a result of Customer's use The Omega Group's hardware or services and indemnify The Omega Group for all losses, damages, expenses, and costs incurred by The Omega Group as a result of a final judgment entered against The Omega Group in any such claim, action, suit or proceeding. 9. General Provisions. 9.1 - Governing Law. This Agreement will be governed and construed in accordance with the laws of the State of California, United States of America. 9 2 - Severability and Waiver. If any provision of this Agreement is held invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. 9.3 - Relationship of Parties. No agency, partnership, joint venture, or employment relationship is created by this Agreement and neither party has the power to bind the other party. 9.4 - Attomeys Fees and Costs. In the event that any legal action becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled, in addition to its court costs, to such reasonable attorneys' fees, expert witness fees and legal expenses as may be fixed by a court of competent jurisdiction. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as set forth below. 8 • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /0 For Meeting of April 7, 2009 ITEM TITLE: Consideration of a Contract with The Omega Group, Inc. for an upgrade of the Yakima Police Department's current CrimeView Software Program. SUBMITTED BY: Chief Granato, Police Department CONTACT PERSON/TELEPHONE: Cesar Abreu, 576-6517 SUMMARY EXPLANATION: The Police Department has identified a critical need to upgrade our current CrimeView software package. CrimeView provides for crime mapping, a critical function in crime analysis. The Department currently utilizes an older, limited version of CrimeView. CrimeView works with the Department's current Records Management System (RMS), and will interface with any upgraded RMS system. The need for this upgrade was identified in the Washington Association of Sheriffs and Police Chief's LEMAP review of the Yakima Police Department. This upgrade is necessary to give our Crime Analyst the tools necessary to provide statistical analysis to direct Department operations. The cost of this upgrade is $86,000 for the upgrade and maintenance contract. This will be paid out of COPS Technology Grant funds. Resolution X Ordinance Contract X Other (Specify) Funding Source COPS Technology Grant APPROVED FOR SUBMITTAL: Cis a� City Manager STAFF RECOMMENDATION: It is recommended the Council authorize and direct the City Manager to enter into a contract with The Omega Group, Inc. for the upgrade of the CrimeView software package. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: