HomeMy WebLinkAbout5.260 Original ContractDCS
DIVERSIFIED COMPUTER SYSTEMS
OF NORTH CHARLESTON, INC.
LICENSE AGREEMENT
This License Agreement dated as of the ag day of 19 1 between
DIVERSIFIED COMPUTER SYSTEMS OF NORTH CHARLESTON, II'(C., hereinafter referred
to as "DCS and Clallam County and the City of Port Angeles. Government Agencies, organized
under the laws of the State of Washington, hereinafter referred to as "CUSTOMER
WHEREAS, DCS has developed certain computer programs and related materials; and
WHEREAS, CUSTOMER wishes to obtain from DCS a non exclusive and non transferable
license to use such computer programs and related materials in accordance with the provisions
hereinafter set forth;
NOW THEREFORE, in consideration of the covenants and agreements set forth herein and
for other good and valuable consideration, DCS and CUSTOMER agree as follows:
1. Exhibits A, B, C, D and E, are incorporated herein.
2. LICENSE
Subject to the terms and conditions of this Agreement, DCS hereby grants and
CUSTOMER accepts a non transferable and non exclusive license to use those computer programs
and related materials (collectively, the "PROGRAM" more particularly described on Exhibit A
attached hereto and incorporated herein verbatim on that central processing unit designated by type
and serial number), together with its associated units (collectively, the "CPU" designated on said
Exhibit A). This PROGRAM is intended for use by entities served by the Peninsula
Communications Center. This license may be transferred to the City of Port Angeles solely for
operation of the Center in accordance with agreements reached between the City of Port Angeles and
Clallam County. DCS agrees to allow CUSTOMER to utilize the PROGRAM for all entities
including Law Enforcement, Fire, and Aid seved by the Peninsula Communications Center. In the
event that CUSTOMER wishes to utilize the PROGRAM on any other central processing unit
owned by CUSTOMER or wishes to utilize the PROGRAM for any other entity in conjunction with
CUSTOMER, then CUSTOMER shall first obtain an additional license agreement from DCS for
such use.
3. DELIVERY DATE:
Within 90 days following the date of this AGREEMENT, DCS shall supply the
CUSTOMER an object and source program, a magnetic program storage media compatible with the
CUP and printed documentation and procedures, so CUSTOMER may use the PROGRAM. Within
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90 days following notification by the CUSTOMER, DCS shall supply the CUSTOMER with the
object and source program for the E -911 module.
4. CHARGES:
See attached Exhibit B, which is incorporated herein verbatim.
5. TRANSFERS:
Except as provided in Paragraph 2 above, this Agreement with all exhibits and the
licenses, PROGRAMS and materials to which it applies, may not be assigned, sublicensed or
otherwise transferred by CUSTOMER without prior consent from DCS. No right to print, copy or
otherwise reproduce the PROGRAM, in whole or in part, is granted to CUSTOMER except as set
forth in Paragraph 9 of this Agreement.
6. ADDITIONAL FEES:
There shall be added to the charges payable under this Agreement by CUSTOMER
an amount equal to any and all taxes, however designated, which are levied or based upon such
charges on the Agreement, on the Program or on its use, including, without limitation, state and local
privilege or excise taxes based on gross revenue, and any taxes or amounts in lieu thereof paid or
payable by DCS in respect of the foregoing (excluding, however, personal property taxes assessed on
the PROGRAM and taxes based on net income).
7. CPU REDESIGNATION:
CUSTOMER will notify DCS of its intention to redesignate the central processing
unit upon which the PROGRAM is to be used. Before such redesignation will be effected, the
proposed central processing unit must be approved by DCS's written acceptance of such
redesignation, along with payment to DCS for any modifications to the PROGRAM so it will
perform accurately and as designed.
8. PROGRAMMING SERVICES:
(a) In the event that the PROGRAM is defective and fails to operate on the
CPU in accordance with the documentation submitted by DCS to CUSTOMER with the
PROGRAM, then DCS will provide programming services without charge to correct said defect in
the PROGRAM. If CUSTOMER encounters a problem which CUSTOMER believes is caused by
such defect in the PROGRAM, CUSTOMER shall notify DCS thereof and specify the exact nature
of the problem. DCS shall have the right to make additional charges for any additional effort
required to provide programming sevices resulting from any cause other than such defect in the
PROGRAM (including, but not limited to, modification of the CPU or alteration of the PROGRAM
by CUSTOMER).
(b) DCS agrees to furnish to CUSTOMER the PROGRAM's source code at no
additional charge over and above the base price of the program. DCS agrees to offer CUSTOMER,
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at then current prices, any modifications to the PROGRAM which DCS might hereinafter develop
or acquire. The foregoing shall not, however, limit or affect any separate agreement between DCS
and CUSTOMER providing for DCS to provide certain modifications to the PROGRAM upon the
terms and conditions provided in such separate agreement. CUSTOMER shall have the right to
contact DCS by telephone in order to obtain information pertaining to the operation of the
PROGRAM.
9. COPYING OF THE PROGRAM:
CUSTOMER is hereby given permission to make two (2) copies of the PROGRAM
on magnetic program storage media only for archive purposes; CUSTOMER shall not otherwise
copy, in whole or in part, any portion of the PROGRAM.
10. MODIFICATIONS OF THE PROGRAM:
Source Code Modification. DCS agrees to allow CUSTOMER to modify source
code subject to the terms of this Agreement at CUSTOMER's discretion after telephone consultation
with DCS. CUSTOMER agrees that such modification(s) shall not be proprietary to CUSTOMER
and will be made available to DCS for its use and benefit.
11. ACCESS TO PROGRAM:
CUSTOMER agrees not to provide or otherwise make available the PROGRAM in
any form to any person or entity other than CUSTOMER, its employees or employees of DCS,
without prior written consent of DCS.
12. RESPONSIBILITIES OF CUSTOMER:
CUSTOMER shall be exclusively responsible for the supervision, management and
control of its use of the license PROGRAM, including, but not limited to:
(a) Assuring proper maintenance configuration, operation and maintenance,
program installation, and operation methods;
(b) Establishing adequate back -up plans;
(c) Implementing sufficient procedures and checkpoints to satisfy
CUSTOMER's requirements for security and accuracy of input and output, CUSTOMER agrees that
it will take appropriate action by instruction, agreement, or otherwise with CUSTOMER's employees
or other persons permitted to access the PROGRAM to satisfy CUSTOMER's obligations under this
Agreement with respect to use, copying, modification and protection of the PROGRAM.
(d) Transmitting a copy of the PROGRAM including source and object to DCS
when modifications to the source are made pursuant to Paragraph 10.
13. DUPLICATE COPIES:
If the PROGRAM, or any portion thereof, is lost or damaged while in the
possession of CUSTOMER, DCS will replace the PROGRAM. In the event that the CUSTOMER
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executes the Annual Support Agreements (See Exhibit C) there will be no charge for labor or sevices,
otherwise, there will be a labor and service charge to be determined at that time. The cost of the
replacement software will be billed however.
14. LIMITED WARRANTY/LIMITATION OF LIABILITY:
DCS warrants the version of software which is initially delivered, to be free of
software "bugs" for a period of 90 days from the software installation. The licensee's must, within the
warranty period, notify DCS in writing of the problems encountered. DCS will, within a reasonable
time frame after notification by the licensee, affect change in the software to remedy the defect at no
charge.
THE FOLLOWING WARRANTY IS IN LIEU OF ALL OTHER
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
DCS WILL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES EVEN IF IT WAS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DCS FURTHER DISCLAIMS ANY REPRESENTATION OF THE
PROGRAM'S EFFICIENCY OR ITS COMPATIBILITY OF OUTPUT WITH ANY LAW,
REGULATION, OR ORDER. THE PARTIES AGREE THAT CUSTOMER IS SOLELY
RESPONSIBLE FOR ANY ORDER AND VERIFICATION OF THE SUFFICIENCY AND
ACCURACY OF ANY DOCUMENTS PREPARED USING THE PROGRAM. THIS
WARRANTY IS NULL AND VOID IF THE VERSION OF THE SOFTWARE HAS BEEN
MODIFIED BY THE LICENSEE OR ANY OF HIS AGENTS IN ANY MANNER FROM ITS
ORIGINAL CONTENT UNLESS SUCH MODIFICATIONS HAVE BEEN AUTHORIZED BY
WRI'1'1'EN AGREEMENT BY DCS.
15. MISCELLANEOUS PROVISIONS:
(a) The terms of this Agreement may be amended only in writing expressly
purporting to create an amendment to this Agreement and signed by the party against whom such
amendment is sought to be enforced. The terms of this Agreement shall take precedence over the
terms of any present program licenses.
(b) If any of the Agreement's provisions are invalid under an applicable statute
of law, such provisions shall be deemed deleted from the Agreement to the extent of a provision's
invalidity.
(c) This Agreement shall be governed by the laws in the State of Washington.
(d) The CUSTOMER's remedies provided for in this Agreement are exclusive.
(e) The CUSTOMER shall select one individual to be responsible for the
training, supervision, and implementation of this PROGRAM. The individual elected by
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CUSTOMER is the Communications Director who shall be solely accountable to the CUSTOMER
in the performance of his duties and who shall be controlled and paid by the CUSTOMER only. The
designation of this individual may be changed with prior notification to DCS.
THE PARTIES AGREE that they each have independently sought out legal advice which
they feel necessary with regard to understanding and entering into this License Agreement, that they
understand the provisions herein, and that they understand that these contractual provisions may be
enforced by specific performance in equity or for damages under law, together with attorney's fees
and suit expenses to be paid by the party who has not complied with the contractual provisions se
forth herein, and that this License Agreement has been excecuted by the CUSTOMER and DCS on
the date on the first page hereof.
The undersigned witness the signing
of the foregoing Agreement:
A S TO DCS(./
TO DCS
AS TO CUSTOMER
J 0
AS TO CU ONMR
APPROVED AS TO FARM:
By:
By:
Clallaip County Prosecutit(Ejcftorney Title:
Port Angeles City Attorney
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DIVERSIFIED COMPUTER
SYS r• MS OF NOR
C 4. ESTON,
Title: °e Presi
CUSTOMER: Clallam County the City of
Port Angeles
By: 7
G
Title: Chairperson, Board of County
Commissioners
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vor, Citv of Port Angeles
EXHIBIT A
The name of the PROGRAM is SEARCH/FLAME Law Enforcement/Fire Department Computer
Aided Dispatch and Records Management Systems.
The central processing unit to be utilized by CUSTOMER is,
TYPE: 9404
SERIAL NO: 10 -28973
In the case of a major breakdown of the CPU, the CUSTOMER may transfer the PROGRAM to
another CPU until the above listed CPU is repaired.
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EXHIBIT B
CHARGES
Description Charees No. of Days
Training* 680.00 T.B.D.
(Labor Services only)
Annual Support 7,125.00
(Labor Services only)
ADDITIONAL SOFTWARE PURCHASE/PROGRAMMING SERVICES
Item GEO -BASED Multi Jurisdictional Law Enforcement/Fire
Department Computer Aided Dispatch and Records Management
Software Upgrade
Item State of Washington/NCIC Software Interface 15,000.00
Item Enhanced 911 Module 10,000.00
Item Program Source Code Included
Item IBR specifications acceptable by Washington State Included
Item Custom programming 95.00/hour
All rates stated above are only guaranteed for 12 months from the date of this Agreement.
PAYMENT SCHEDULE
1. $19,680.00 required at the signing of this License Agreement.
2. $19,000.00 required upon completion of installation except Enhanced 911 Module.
Payment for additional modifications required upon completion of installation.
3. The pro rated fee for annual maintenance 90 days after completion of installation
except Enhanced 911 module (See Exhibit C).
4. $5,000 upon request by CUSTOMER for Enhanced 911 module.
5. $5,000 upon completion of installation of Enhanced 911 module.
*Does not include travel and living expenses, if applicable.
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TOTAL
7,125.00
23,000.00
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EXHIBIT C
ANNUAL SUPPORT AGREEMENT
THIS AGREEMENT dated as of the day of 19 between
DIVERSIFIED COMPUTER SYSTEMS OF NORTH CHARLESTON, INC., hereinafter referred
to as DCS and Clallam County and the City of Port Angeles, Government Agencies organized under
the laws of the State of Washington. hereinafter referred to as "CUSTOMER
WHEREAS, DCS and CUSTOMER have executed a License Agreement dated
with regard to installation of a computer programming system; and
NOW, THEREFORE, in consideration of the covenants and agreement set forth herein,
and for other good and valuable consideration, DCS and CUSTOMER agree as follows:
SERVICES INCLUDED:
1. DCS agrees to provide CUSTOMER with modifications to the CUSTOMER software
version maintained by DCS pursuant to Paragraph 12 of the License Agreement which are
necessary in order to keep the PROGRAM in complete agreement within the National
U.C.R./National F.I.R. reporting standards.
2. Unlimited telephone support for standard software packages 24 hours a day 7 days a week via
toll free numbers for DCS software related operating questions.
3. Resolution of DCS software program defects either via telephone, electronically, or
maintenance diskette /tape at DOS's option.
4. Entitlement to the utilization of all new releases of standard software including
enhancements to be coordinated with the CUSTOMER version of the PROGRAM
maintained by DCS pursuant to Paragraph 12 of the License Agreement.
5. Copies of new and /or revised versions of DCS software user's manuals.
6. Training, as required, at the on -site training rate* stated on Exhibit B of the License
Agreement.
7. Custom programming, as requested, at the custom programming rate* stated on Exhibit B of
the License Agreement.
8. The annual charge for this Annual Support Agreement will be S7,125.00 for one full year
beginning 90 days after completion of installation of PROGRAM except E -911 module. The
annual charge above shall include maintenance of the E -911 module after it is installed.
9. The 1991 portion of the annual charge will be pro rated through 31 December 1991.
Thereafter the annual charge shall be charged from 1 January through 31 December of each
subsequent year.
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SERVICES EXCLUDED:
The prepared services to be provided by DCS during any terms of this Agreement for any of the
above itemized software system(s) specifically and expressly do NOT included any of the following:
1. System Initialization.
2. Diskette/Tape Initialization.
3. Personnel training (must be purchased at the training rate* stated on Exhibit B of the
License Agreement).
4. Custom programming (must be purchased at the custom programming rate* stated on
Exhibit B of the License Agreement).
5. Telephone support for hardware or system software related problems.
6. Support of any kind for systems or software modified without the approval of DCS.
7. Support of any kind for systems or software not supplied by DCS.
*Does not include travel and living expenses if applicable.
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Software Update Specifications
The software will include but not be limited to the following specifications as updates to the current
software being run by the Clallam County Sheriffs Department.
CAD
1. CAD must be configured so dispatch personnel can easily choose the responding jurisdiction
either law enforcement or fire from the CAD screen. The system must then automatically
assign appropriate incident numbers unique to each jurisdiction and agency. CAD must be
designed so that fire and law enforcement calls are entered on the same screen.
2. CAD must be configured so that units checking out with "check out" numbers are assigned
those numbers unique to the units jurisdiction automatically identified by the unit number.
3. GEOBASE must be capable of unique identification of address locations by jurisdiction. It
must have facilities for duplicate road names or addresses within different jurisdictions.
4. Both the GEOBASE and all system address fields must match the size and format of files
maintained by US West Communications in their ALI and MSAG address files.
POLICE RECORDS
Reports
1. System must include all management and statistical reports supplied in the county's current
software. All must operate properly.
2. All Management reports including UCR and IBR reports must be agency specific accessible
to the operator through a field entry on the same screen as other records selection entries
are made.
3. All management and statistical reports including UCR and IBR reports must contain a
screen which requests and directs the output printer and number of copies.
Records
EXHIBIT D
1. The "Pawn Shop" program must contain the individual pawning property's Date of Birth and
must automatically update the appropriate files in which other individual date from that
program are contained.
2. The "Criminal History Entry" program must have the ability to be accessed through a "Name
Search" type program similar to Option 2 on the IDENTIFICATION menu. The "Name
Search" must contain a record select option similar to other name search programs and when
a record is selected, the "data entry/modify" program should be called for that record. A
CMD key should be accessible from the "Name Search" screen which allows a "new entry" to
be made. Security Code access must be maintained when entering this program.
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FIRE RECORDS
1. All applicable fire records formats must be compatible with WAFIRS reporting system.
2. The System must be capable of submitting reports in the WAFIRS format. The system must
contain all required data elements and be accepted by the Washington State Department of
Community Development Fire Protection.
3. The "Hydrant" program must contain the ability to automatically calculate available hydrant
flow based upon the standards of testing described by the International Fire Service Training
Association, Water Supplies for Fire Protection Manual.
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EXHIBIT E
Software Enhancement Request
The following enhancements will be made at the hourly rate specified in the contract. A maximum of
fifteen hours programming time will be charged to accomplish the enhancements.
POLICE RECORDS
Reports
1. System must include a report "Evidence by Officer" which lists all evidence on hand in cases
currently assigned to an officer.The report shall be in the format attached. The report shall
be capable of being selected by individual officer or by all officers of a selectable jurisdiction.
The output printer shall be selectable by the operator.
2. System must include a detailed report which prints all officer activity including check out
activity for a specified period. Either the same report or a separate report must allow the
operator to request activity for an officer chosen by specific check out code.
3. The "Rap Sheet" report (Option 4 from the IDENTIFICATION menu) must be expanded to
allow the option of printing:
Inquiries
A. All Arrest Data
B. Only Arrest Data with a Disposition
C. Only Arrest Data with a Conviction Disposition (Conviction Data)
(dispositions 05, 07, 08, 12)
1. The "Name Search" by Last/First/Middle (Option #1 from Inquiry menu and CMD 3 from
"UNTSTS" program) must be modified so that when a record which identifies an "incident" is
selected, the program calls another program which displays data and allows options in a
format similar to program PD0123 (Option 12 from the "Records" menu). The program
should bring the header portion of the incident to the screen initially similar to PD0123.
2. The "Vehicle Inquiry" (CMD 2 from the "UNTSTS" program) must have the ability to select
and view a record similar to the "Name Search" program.
3. The 'Property Inquiry" (Option 13 from the INQUIRY menu) must be expanded to allow
additional search options of
a. Only Stolen or lost property
b. Only Evidence, Recovered, or Found Property
c. Only Evidence, Recovered, or Found Property currently in an agency's
possession.
4. The "Property Inquiry" (Option 13 from the INQUIRY menu) must be modified to function
similar to the "Name Search" The screen must allow selection of a record. When that
record is selected, the program should call a program similar to PD0123 and allow the
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v
operator to move between the property record in the incident, the header, persons, etc. The
call should bring up the property record initially.
FIRE RECORDS
1. The "Situation Found" field on the Rescue Header Screen must be table driven (2 character
alpha numeric). The label on the Rescue Header Screen (FD0093FM) must be changed to
"Mechanism Code
2. The title of the Rescue Screen (FD0093FM) must be changed to "EMS/Rescue Incident
Reporting
3. A 3 digit, table driven field must be added to the EMS Screen (FD0093FM) titled "Type
Code "Call Page" and DHR No. may be removed from the screen if necessary. The "Type
Code" field should be located near the "Mechanism Code" field on the screen.
4. The "Person" records both on the EMS Header Screen and additional persons must have
DOB.
5. A "Cmd" key must be accessible from the EMS Header Screen to access and enter narrative
information.
6. A report must exist which will provide a printed report similar to the law enforcement
incident report, for EMS reporting. The report should include header, persons, and
narrative.
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