HomeMy WebLinkAbout15-Police Department
ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Michael A. Billdt, Chief of Police
Subject: Resolution authorizing the Police
Department to participate in the San
Bernardino County Data Sharing Initiative
and authorizing the Chief of Police to
execute the San Bernardino County Data
Sharing Initiative Memorandum of
Understanding (MOU).
Dept: Police Department
Date: April 24, 2009
MICC Meeting Date: May 18, 2009
Synopsis of Previous Council Action:
None.
Recommended Motion:
Adopt Resolution.
~~
MICHAEL A. BILLDT, Chief of Police
Contact person:
r:1rt~;n Tf>.1 J-l~nl;:rm
Phone:
1RLL.l:ih()Q
Supporting data attached:
Yes
Ward:
All
FUNDING REQUIREMENTS: Amount: NIA
Source: (Acc!. No.) NIA
( A ('('t T)P'}('rlptlr\n)
Finance:
Council Notes:
AscJ 2009- /...:;;. 0
Agenda Item No
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT
Resolution authorizing the Police Department to participate in the San Bernardino County Data
Sharing Initiative and authorizing the Chief of Police to execute the San Bernardino County Data
Sharing Initiative Memorandum of Understanding (MOU).
BACKGROUND
Criminals show no regard for jurisdictional boundaries. Oftentimes crimes are committed in one
jurisdiction by criminals who reside or frequent other jurisdictions. These crimes go unsolved
despite each jurisdiction maintaining extensive police Records Management Systems (RMS) due
to a lack of a common database platform and the difficulty in sharing data across jurisdictional
boundaries.
Recognizing the enormity of the problem, the San Bernardino County Chiefs' and Sheriffs'
Association identified the COPLINK system as a viable solution to challenges of heretofore
inaccessible or irretrievable information as a result of disparate information systems which lack a
common platform and the difficulty in sharing data across jurisdictional boundaries. COPLINK
has been characterized as "Super Detective." COPLINK works by allowing vast quantities of
structured and seemingly unrelated data, currently housed in various incompatible databases and
record management systems (RMS), to be organized and rapidly analyzed over a highly secure
intranet-based platform. One search using known or partial facts from an ongoing investigation
can produce qualified leads in minutes - a process that prior to COPLINK wasn't possible or
often took days or weeks. Through sophisticated analytics, COPLINK builds 'institutional
memory', reduces knowledge gaps, and prevents criminal from falling through the cracks.
With COPLINK, law enforcement and intelligence agencies can tailor their information sharing
and crime analysis initiatives using existing components from technologies they already use.
This allows participating agencies to create a seamlessly integrated solution without incurring the
disproportionately high cost of untested, custom solutions.
COPLINK is deployed in over 100 jurisdictions nationwide from Boston to San Diego to support
police officers in fighting crime and improving community safety.
The purpose of the San Bernardino County Data Sharing Initiative Memorandum of
Understanding (MOU) is (I) to outline the mission and expectations for the San Bernardino
County Data Sharing Initiative, (2) to formalize relationships between the participating agencies,
and (3) to outline the commitments necessary for the successful completion of this initiative.
FINANCIAL IMPACT
There will be no immediate impact to the General Fund. Funding for the purchase of the
COPLINK system will be derived from the State of California Attorney General's Office
($285,000) and a San Bernardino County Data Sharing Initiative grant from the Department of
Homeland Security ($1.1 million). Maintenance costs for the COPSLINK system are projected at
$18,000 annually, per participating MOU member, commencing in FY 2010111.
RECOMMENDATION
Adopt Resolution.
2009-120
SAN BERNARDINO COUNTY
DATA SHARING INITIATIVE
MEMORANDUM OF UNDERSTANDING
This memorandum of understanding is entered into between the following participating agencies:
Barstow Police Department
Chino Police Department
Colton Police Department
Fontana Police Department
Montclair Police Department
Ontario Police Department
Redlands Police Department
Rialto Police Department
San Bernardino Police Department
San Bernardino County Probation Department
San Bernardino County District Attorney's Office
San Bernardino County Sheriff Department
Upland Police Department
The parties agree to work in a variety of ways to facilitate sharing each other's data in an effort to
improve the effectiveness of their respective agency and collectively, the entire San Bernardino
County Criminal Justice System.
PURPOSE
The purpose of the MOU is (1) to outline the mission and expectations for the San Bernardino
County Data Sharing Initiative (hereinafter referred to as the "Initiative"), (2) to formalize
relationships between the participating agencies, and (3) to outline the commitments necessary
for the successful completion of this Initiative.
INTRODUCTION
After the tragic events of September II, 200 I, law enforcernent agencies at all levels of
government recognized the need for faster, more pervasive information sharing. In order to
provide information sharing among our county law enforcement agencies as well as neighboring
Counties, County law enforcement agencies must implement a software application to integrate
numerous disparate databases. This software will facilitate the collection, consolidation,
visualization, and dissemination oflaw enforcement information across jurisdictional
boundaries. San Bernardino County law enforcement agencies met over the past year under the
auspices of the San Bernardino County Chiefs and Sheriff Association (hereinafter referred to as
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2009-120
the "Association") to discuss the concept of data sharing between all agencies. In researching
available solutions and similar operations across California and the nation, the COP LINK system
from Knowledge Computing Corp (KCC) was chosen as the system that would best meet our
current and future needs.
MISSION
The mission of the San Bernardino County Data Sharing Initiative is to implement COPLINK as
a sustainable data sharing solution that will allow for effective data sharing between all law and
justice agencies within San Bernardino County as well as other COP LINK nodes throughout the
Country.
The implementation of the COPLINK System serves as a solution to the problems of
inaccessible or irretrievable information as a result of disparate information systems that lack a
common platform and the difficulty in sharing data across jurisdictional boundaries.
COMPOSITION
The Data Sharing Initiative will include both Participating Members and Associate Members.
Participating Members will be those agencies agreeing to share their RMS data with all other
member agencies. Associate Members are agencies that are unable to share their data, but have a
need to have access to the central COP LINK database.
It is understood that other agencies may subsequently join the Initiative with a two-thirds vote of
the San Bemardino County Chief and Sheriff Association. The names of these agencies will be
added to the list on page one of this MOU. Agencies that the Association wishes to allow access
to the COPLINK data without sharing data may be added to the MOU as Associate Members.
The Association may asses a charge for the COPLINK access.
IMPLEMENTATION TEAM
The Association will appoint an Initiative Executive Director that is empowered to make
decisions on the part of the Association when it is impractical to obtain a decision of the entire
Association or as otherwise empowered by the Association.
The Initiative will be coordinated by a contract Project Manager who will be chosen by the San
Bernardino County Chiefs and Sheriff Association and contracted through the City of Red lands.
The Team will initially consist of sworn and/or civilian law enforcement officers/agents from
each of the participating agencies. Each agency agrees to provide at least one staff officer and
one technology specialist to the implementation team.
The Project Manager is authorized to form working group(s) as necessary in furtherance of the
goals of integrating the automation systems of the member agencies. The working group(s) may
include personnel from any participating agency and KCC. Individuals assigned to working
groups must agree to participate as required to achieve the goals of the Initiative.
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POLICY AND DIRECTION
The policies and management of the Initiative will be consistent with this document and shall be
at the direction of the San Bernardino County Chiefs and Sherriff Association.
COMMITMENTS
As Participating Members of the San Bernardino County Data Sharing Initiative, each agency
agrees to the following:
· Support and Access
The San Bernardino County Sheriff Department will serve as the Hosting Agency for the
COPLINK system.
Each participating agency recognizes that in order to achieve overall success, resources
(personnel, software, hardware, etc.), must be shared willingly and in some cases
unequally, as long as that cooperation does not adversely impact the mission of the
sharing agency.
Each Agency may be required to intercede with third-party vendors of data sources
owned, licensed to, and/or operated by their agency in order to facilitate the data mapping
and migration of such data to the COPLINK Solution Suite.
Each agency agrees to provide a local agency System Administrator that will be
responsible for the management of user accounts at that agency and will serve as a liaison
with the hosting agency.
Each agency will pennit dial-up or VPN access to the COP LINK indexing server or
COPLINK web-server located in or at their facility for purpos~s of installation, testing
and system maintenance.
The hosting agency will provide remote connectivity via VPN or other secure dialup
access to the COPLINK server to be used by KCC personnel at their office in Tucson,
AZ for the purposes of installation, testing and system maintenance.
. Data
Each participating agency agrees to share all data within their Records Management
Systems (RMS) that can be legally shared by law.
Each agency will facilitate the acquisition by KCC personnel of department and third
party vendor resources necessary for the successful operation of the COPLINK Solution
Suite including, but not limited to:
(a) Full Production Database Backup Data
(b) Full Production Database Backup Data one week later
(c) Sample records from each of the systems to be integrated
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2009-120
Each agency agrees to assign a command level officer and other personnel as required to
complete the data verification and acceptance process with KCC and the Project
Manager.
· Computers and Equipment and Software
Each agency agrees to provide any networking equipment that may be necessary to
connect their internal network to the COP LINK I-Box and/or the San Bernardino County
Wide Area Network (WAN).
· Ongoing Support and Administration
Participating Agencies agree to approve the following as required by the KCC contract:
(a) COPLINK Node Business Rules
(b) COP LINK Node Consolidation Rules
(c) COPLINK Node Policies and Procedures
Participating agencies agree to amend this agreement as necessary to accomplish the
goal of more fully integrating the automation and processes, which serve the San
Bernardino County Criminal Justice System.
Participating agencies agree to establish a means for long-term governance of the
project to ensure sustainability and to obtain funding for the operation and
enhancement of information sharing within the San Bernardino County Criminal
Justice System and with other Criminal Justice Systems.
Participants agree to establish a yearly budget for the continuance of the COPLINK
project and that if outside funding cannot be obtained for the continued maintenance of the
COPLINK Suite and necessary hardware upgrades, that the member agencies will each
contribute funds to the project in an amount established by the Association.
. Training
Members will designate authorized trainer to be trained by KCC at training sessions
provided by KCC.
It is the responsibility of each member agency to ensure that its authorized users receive
the requisite training.
PERSONNEL AND ADMINISTRATIVE MATTERS
. Compensation
Each agency agrees to assume all personnel costs, including salaries, funge benefits and
overtime, for its officers/agents assigned to work on the Initiative.
· Administrative Support
Any secretarial assistance that may be required by a participating agency will be the
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2009-120
responsibility of that agency. Any secretarial assistance that may be required by the
Project Manager will be his responsibility.
· Process for tracking and resolving issues
Issues affecting the implementation of the Initiative will be addressed by the Project
Manager and members of the Implementation Team as may be needed. Issues unable to
be resolved by the Project Manager will be addressed with the San Bernardino County
Chiefs and Sheriff Association.
· Records and Reports
Records associated with the COPLINK Imp]ementation will be maintained by the Project
Manager. Records regarding the HSGP grant will be maintained by the San Bernardino
County Sheriff Department.
· Media Relations
Information regarding routine apprehensions or use of the system may be furnished to the
press by the involved agency in accordance with their press policy. In events of
significant public interest the Association may elect to make a joint press release.
. Liability
Each agency shal] assume the responsibility and liability for the acts and omissions of its
own officers, agents, or employees in connection with the performance of their official
duties under this MOD. For tort liability purposes, no participating agency shall be
considered the agent of the other participating agencies. Each participating agency shal]
be liable (if at a1]) only for the torts of its own officers, agents, or employees that occur
within the scope of their official duties.
The provisions contained herein include any violation of applicable law, ordinance,
regulation, or rule, including where the claim, loss, damage, charge or expense was
caused by deliberate, willfu], or crimina] acts of any agency, or any of its agents, officers,
or employees in its, or their performance hereunder.
It is the intent of the parties hereto that, where negligence is determined to have been
contributory, principles of comparative negligence will be followed and each party shall
bear the proportionate cost of any loss, damage, expense and liability attributable to that
parties negligence.
The agencies shal] establish procedures to notify the other agencies where appropriate of
any claims, administrative actions or ]egal actions with respect to any of the matters
described in this indemnification provision. The agencies shall cooperate in the defense
of such actions brought by others with respect to the matters covered in this MOD.
Nothing set forth in this MOD shall establish a standard of care for, or create any ]egal
rights in, any person not a party to this MOD.
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2009-120
· Withdrawal from the Initiative
Members may withdraw their participation with the Initiative upon written notification to
the Association President.
. Modification
No waiver, alteration, modification, or termination of this MOD shall be valid unless
made in writing and signed by the authorized parties hereof. A two-thirds majority of
Association members is required to modifY this Agreement
. Counterparts
This MOD may be executed in one or more counterparts, each of which shall be deemed
to be an original, but all of which together shall constitute but one and the same
instrument.
. Captions
The headings or captions to the Articles of this MOD are not a part of the MOD and shall
have no effect upon the construction or interpretation of any part thereof.
. Severability
If any term, covenant, or condition of this MOD is held by a court of competent
jurisdiction to be invalid, the remainder of this MOD shall remain in full force and effect.
. Ambiguities
The parties have each carefully reviewed this MOD and have agreed to each term of this
MOD. No ambiguity shall be presumed to be construed against any other party.
. Governing Law
The interpretation and enforcement of the MOD shall be governed by the laws of the
State of California, and where applicable, by federal law. The parties agree to submit any
disputes arising under the MOD to a court of competent jurisdiction located in San
Bernardino County, California.
. Terms of Agreement
It is agreed that this MOD will be in force from the date of the last agency signing this
document. The portion of the MOD relating to a specific agency may be terminated at
any time by a participating agency delivering a written notice of termination to the other
participating agencies. An agencies termination of their involvement in the Initiative will
not negate the continuing agencies participation and agreement under the existing MOD.
. Integration
This MOD embodies the entire agreement of the parties in relation to the scope of
services herein described, and no other agreement or understanding, verbal or otherwise,
exists between the parties with the exception of contracts assigned pursuant to the
issuance of grant funds.
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2009-120
Full Member Signatures
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Page 8 of8
2009-120
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Version 7.0
AGREEMENT FOR SERVICES
THIS AGREEMENT is made effective this th day of , , by and be-
tween San Bernardino SO, (hereinafter "Customer"), and KNOWLEDGE COMPUTING
CORPORATION (hereinafter "KCC"), a corporation formed and existing under the laws
of the State of Arizona, with its principal place of business at 7750 E. Broadway Blvd,
Suite 100, Tucson, Arizona 85710.
Article I. ENGAGEMENT
The Customer hereby engages KCC to provide the following services and products in accordance with the
terms and specifications provided herein and in the Statement of Services set forth in Schedule 1 attached
hereto.
A. Services.
1. KCC will implement a COPLlNK Solution Suite ("COPLlNK system") as described in Schedule
1(a), based on the data sources installed at Customer's site(s) in Schedule 1(d) and 1(e). The
complete description of the services-Software Installation and Integration Services-is enumer-
ated in Schedule 1(b) and 1(c), respectively.
2. Customer will house the resulting COPLlNK database in or at San Bernardino SD (hereinafter
"Customer Site").
3. At the Customer's option, KCC will install additional data sources and provide additional COPLlNK
software products at an additional cost as stated in the current COPLlNK price sheet. The addition
of sources or products will require a contract amendment detailing the products and services to be
delivered.
B. Training.
While this Agreement is in effect, KCC will provide training for authorized users as described in Sche-
dule 3.
C. Maintenance and Support Services.
KCC will provide maintenance and support services, as described in Schedule 4.
D. Responsibilities of Customer.
1. Customer will provide a data network connection employing TCP/IP between the data sources
listed in Schedule 1 (d) and the installed COPLlNK System.
2. Customer will provide an internal project manager to coordinate all Customer decisions relating to
this Agreement.
3. Customer will identify a command-level decision maker.
4. Customer will designate authorized users to be trained by KCC at training sessions provided by
KCC under Article I, Section B.
5. Customer may be required to intercede with third-party vendors of data sources owned, licensed
to, and/or operated by Customer in order to facilitate the data mapping and migration of such data
to the COPLlNK Solution Suite. Refusal by a third-party data source vendor to cooperate with
KCC to allow creation of a reasonable access and migration mechanism for the COPLlNK system
shall remove any obligation on the part of KCC to include the data source. Customer should make
appropriate inquiries as to the levei of cooperation provided by third-party vendors prior to contract
signing.
Page 1 of 33
2009-120
6. Customer will permit dial-up or VPN access to the COPLlNK indexing server and COPLlNK web-
server located in or at Customer Site for purposes of installation, testing and system maintenance.
7. Customer will provide remote connectivity via VPN or other secure dialup access to Customer Site
to be used by KCC personnel at our office in Tucson, AZ for the purposes of installation, testing
and system maintenance.
8. Customer will faciiitate the acquisition by KCC personnel of Customer and third party vendor re-
sources necessary for the successful operation of the COPLlNK Solution Suite including, but not
iimitedto:
(a) Database Backup Data
(b) Database Backup Data one week later
(c) Sample records from each of the systems to be integrated
9. If computer hardware is not purchased by KCC as part of this contract, customer will provide at
least (one) Database Server, (one) Migration Server and (one) Web Server onsite consisting of
computer hardware that has the physical capacity and functional capability necessary to facilitate
the logistical requirements of this particular project. KCC personnel must be consulted to approve
in determining specific characteristics of this equipment if needed.
10. Customer shall provide COPLlNK Node Business Rules to KCC in writing.
11. Customer shall approve COPLlNK Node Consolidation Rules that are provided by KCC.
12. Customer shall provide COPLlNK Node Policies and Procedures Rules to KCC in writing.
E. Products.
KCC will provide the COPLlNK Solution Suite as described in Schedule 1(b) and will install according
to Software Installation Schedule as described in Schedule 2(c).
F. Acceptance Testing.
Data Acceptance Testing shall be performed based on the forms in Schedule 5(a) and Schedule 5(b)
-Data Validation and Data Acceptance.
Article II. LICENSE
The license terms for the COPLlNK Solution Suite software are described in the End-User License
Agreement (EULA) attached in Schedule 6.
Article III. CONSIDERATION, REPORTS AND METHOD OF PAYMENT
A. Consideration.
1. In consideration for the Products and Service provided under this Agreement, Customer shall pay
to KCC a total sum not to exceed Total Project Cost in Schedule 1 (a), which shall include year
one of the annual maintenance cost. KCC shall charge Customer only in accordance with this
amount.
2. For Integration Services costs, KCC shall submit invoices to Customer detailing the phase mile-
stones for each dataset as specified in Schedule 2(d) and outiining the fees due for the Services
rendered during that phase. Customer hereby agrees to pay KCC within thirty (30) days of receiv-
ing each invoice.
B. Taxes.
Customer shall be responsible for any sales or use taxes arising out of this Agreement payable to the
state of Caiifornia.
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2009-120
C. KCC Payments.
KCC shall be responsible for the payment of all KCC personnel.
D. Final Payment.
Upon completion of the Services hereunder, Customer will make final payment to KCC of all amounts
due under this Agreement.
E. Invoices Required.
Excluding any initial payment, Customer shall pay KCC only on the submission of itemized invoices(s)
for the services rendered. No payment shail be issued prior to receipt of material or service and cor-
rect invoice.
F. Customization.
Custom Engineer Work shail be defined as any work deemed special or custom in nature and not
specificaily detailed in the Schedule 1 (a) of this Agreement, or any additional supplements and/or ap-
pendices pertaining thereto. If Custom Engineering Work is required, and approved in writing by Cus-
tomer, KCC shall charge $250 per hour to perform said work.
Article IV. SECURITY OF INFORMATION
A. Criminal History Data.
The data to be used in performing the Services under this Agreement is criminal history record infor-
mation, which may be highly sensitive and confidential. Because of the need to validate to external da-
ta sources, it is critical that the real names of persons listed in the various data sources be retained, to
enable the external linkage. For those KCC personnel who work directly with any sensitive and confi-
dential data, KCC agrees that those personnel will undergo background investigations in the state of
California. KCC agrees that those personnel will undergo background investigations conducted by the
Tucson Police Department (TPD) and complete an Arizona Department of Public Safety terminal op-
erator certification (TOC) testing process prior to having access to the information. Any facilities used
for this project that house highly sensitive and confidential data rnust be secure, and access must be
limited to persons who have been cleared by the TPD.
B. Secure Facility.
Any computer systems and networks used at KCC must be secure. Customer shall have the right to
review and approve KCC's security measures to ensure that the confidentiality of the data is main-
tained. Customer will maintain control over the release of any information containing identifiable per-
sonal records used in this project. No information containing whole or partial data from the records
used on this project can be released by KCC or any of its departments or personnel without the ap-
proval of Customer.
C. Security Procedures.
KCC shall establish and maintain procedures and controls that are acceptable to Customer for the
purpose of assuring that no information contained in its records or obtained from Customer or from
others in carrying out its functions under the contract shail be used by or disclosed by it, its agents, of-
ficers, or employees, except as required to efficiently perform duties under the contract. Persons re-
questing such information must be referred to Customer.
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Article V. CONFIDENTIALITY
A. General.
To the extent authorized by applicable law, the parties hereto agree to keep any information Identified
as confidential by the disclosing party, confidential using methods at least as stringent as each party
uses to protect its own confidential information. "Confidential Information" shall include KCC's re-
search and development plans and reports, the computer code for the UA Software and KCC Soft-
ware (both source and object code), the functionality or manner of operation of any computer code
(including without limitation screen designs and flows), or any other designs, techniques, methods,
specifications, drawings, sketches, processes, trade secrets, product information, print-outs, formulae,
samples, prototypes, systems and components, marketing or promotional information, and any other
information marked confidential or accompanied by correspondence indicating such information is
confidential exchanged between the parties hereto. Confidential Information also Includes information
relating to the disclosing party's business or financial affairs, such as financial results, business meth-
ods, pricing, competitor and product Information and all other information designated as confidential.
Except as may be authorized in advance in writing by KCC, Customer shall grant access to the Confi-
dential Information only to its own employees involved in installing and maintaining the KCC Software
and Customer shall require such employees to be bound by this Agreement as well. In addition, Cus-
tomer shall not permit any personnel or Authorized User to remove any proprietary or other legend or
restrictive notice contained or included in any material provided by KCC. The confidentiality and use
obligations set forth above apply to all or any part of the Confidential Information disclosed hereunder
except to the extent that:
1. KCC or Customer can show by written record that it possessed the information prior to its receipt
from the other party;
2. The information was already available to the public or became so through no fault of the KCC or
Customer;
3. The information is subsequently disclosed to KCC or Customer by a third party that has the right
to disclose it free of any obligations of confidentiality; or
4. Is independently developed by the other party without breach of this Agreement.
B. Improper Disclosure.
KCC and Customer acknowledge that any use or disclosure of Confidential Information in a manner
inconsistent with the provisions of this Agreement may cause the other parties irreparable damage for
which remedies other than injunctive relief may be inadequate, and each party agrees that the other
parties shall be entitled to receive from a court of competent jurisdiction injunctive or other equitable
relief to restrain such use or disclosure in addition to other appropriate remedies. Customer shall ad-
vise KCC if a request for information deemed confidential is made. In the event that KCC does not
permit disclosure, KCC shall indemnify, defend, and hold harmless Customer from any suits or dam-
ages resulting from KCC's failure to disclose.
C. Survival of Conditions.
The terms and provisions of this Article shall survive the termination of this Agreement, for any reason,
for a period of five (5) years, unless otherwise agreed upon by the parties.
D. Improper Acts.
Customer and Authorized Users shall not attempt to reverse engineer, translate, decompile or disas-
semble the object code of the KCC Software and Customer agrees to use its best efforts to prevent
reverse engineering, translation, decompllation and disassembly of the object code of the KCC Soft-
ware by its authorized users.
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Article VI. OWNERSHIP
1. KCC shall own all computer software and data KCC develops in the performance of its obligations
under this Agreement, including all copyrights, trade secrets, and other intellectual property rights with
respect to any object codes, source codes, instructions, manuals or other materials relating to the in-
stallation, operation of computer software provided by KCC.
2. Customer retains ownership of any data sent or migrated to the COPLlNK Solution Suite.
Article VII. DURATION
A. Duration.
This Agreement shall be in effect until the final acceptance of the installed COPLlNK System, unless
terminated, canceled or extended as otherwise provided herein. Upon final acceptance, KCC will de-
liver to Customer an Annual Maintenance Agreement that will cover the twelve (12) month period after
system acceptance, provided Customer makes the Annual Maintenance Agreement payments as
specified in Schedule 1 (a).
B. Improper Inducements.
Customer may, by written notice to KCC, cancel this Agreement if it is found that gratuities, in the form
of entertainment, gifts or otherwise, were offered or given by KCC or any agent or representative of
KCC, to any officer or employee of Customer.
C. Termination.
Upon Material Breach; Cure Periods. This Agreement may not be terminated upon a material breach
of this Agreement unless the other party (the "Notifying Party") first provides written notice of such
breach to the first party (the "Breaching Party") as provided herein and the breach has not been cured
within sixty (60) days after the Breaching Party receives such notice. The notice shall reference this
Article VII (C), and shall describe each material breach of the Agreement in sufficient detail to permit
the Breaching Party to cure the breach. Neither party may claim a material breach of this Agreement
until the foregoing periods have expired.
In the event a singie agency that is participating in this project breaches this Agreement, such breach
will not effect the remaining agencies other than the non-inclusion of the breaching agency's informa-
tion in the COPLlNK node.
D. Survival.
The terms and conditions of Article V: Confidentiality, shall survive this Agreement for a period of five
(5) years.
Article VIII. ENFORCEMENT, LAWS AND ORDINANCES
A. Effect of Law.
This Agreement shall be enforced under the laws of the State of California.
B. Compliance.
KCC must comply with all applicable federal, state, county and local laws, ordinances, and reguia-
tions.
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e. Licenses and Permits.
KCC shall maintain in current status all Federal. State and Local licenses and permits required for the
operation of the business conducted by KCC.
Article IX. INDEPENDENT CONTRACTOR
A. Relationship.
It is understood and acknowledged by each party that the parties hereto shall act in their individual ca-
pacities and not as agents, employees, partners, joint ventures, or associates of the other. An em-
ployee or agent of one party shall not be deemed or construed to be the employee or agent of the oth-
er party for any purpose whatsoever.
B. Withholding.
KCC is advised that taxes or sociai security payments shall not be withheld from any payment issued
hereunder and that KCC should make arrangements to directly pay such expenses, if any.
e. Kee Provided Insurance.
1. KCC maintains, at its own expense, general business liability insurance with a combined single
limit of $2,000,000 per occurrence.
2. KCC maintains workman's compensation insurance through The Hartford, which meets all re-
quirements of Arizona labor law.
D. Additional Insurance.
Customer is advised that the costs of any additional insurance or surety bonds, mandated or required
to be carried by KCC as an effect of local codes, ordinances, regulations, procurement policies or oth-
er customs, are the responsibility of the Customer and will be billed as an additional cost item if Cus-
tomer requires these to be secured under this contract.
Article X. MODIFICATIONS
This Agreement may only be modified by a written amendment signed by persons duly authorized to enter
into contracts on behalf of Customer and KCC.
Article XI. WAIVER
The failure of either party of this Agreement to take affirmative action with respect to any conduct of the
other, which is in violation of the terms of this contract, shall not be construed as a waiver thereof, or of
any future breach or subsequent wrongful conduct.
Article XII. INDEMNIFICATIONS
A. General.
KCC shall indemnify, defend, to the extent not prohibited by law, and hold harmless Customer, from
any and all claims, demands, suits, actions, proceedings, loss, cost, and reasonable attorney's fees
and/or litigation expenses arising or alleged to have arisen out of any act, omission, professional error,
fault, mistake, or negligence of KCC, its employees, agents, representatives, or subcontractors, their
employees, agents, or representatives in connection with or incidental to the performance of this
Agreement. KCC's obligation under this section shall not extend to any liability caused by the sole
Page 6 of 33
2009-120
negligence of the Customer, or its employees.
B. Claim and Action.
In the event of any such claim or action, KCC shall have the option to either:
1. Modify the software so as to render it non-infringing so long as it continues to conform to the spe-
cifications and warranties herein; or
2. Procure for Customer the right to continue using the software.
C. Contingencies.
Any such indemnification under this Section shall be contingent upon:
1. Customer promptly notifying KCC in writing of any claim or action of which indemnification is
sought;
2. Immediateiy ceasing use of the software upon notice of any such claim or action; and
3. Affording to KCC sole control of the defense or settlement of any such control or action.
D. Amount of Insurance.
The amount and type of insurance required shall not in any way be construed as limiting the scope of
the indemnification set forth above.
Article XIII. MISCELLANEOUS PROVISIONS
A. Procurement Code.
To the extent applicable, KCC agrees to abide by the provisions of the Customer's Procurement
Code.
B. Assignment or Subcontracting.
No assignment of this Agreement or subcontract shall be made by KCC with any other party for fur-
nishing any of the services herein contracted for without the advance written approval of the Depart-
ment of Procurement. All subcontracts shall comply with Federal and State laws and regulations,
which are applicable to the services, covered by the subcontract and shall include all the terms and
conditions set forth herein, which shall apply with equal force to the subcontract, as if the subcontrac-
tor were the contractor referred to herein. KCC is responsible for contract performance whether or not
subcontractors are used.
C. Compliance with ADA.
KCC shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-
336, 42 U.S.C. 12101-12213) and applicable federal regulations under the Act.
D. Non-Discrimination.
Neither party shall discriminate against any person or class of persons by reason of sex, color, race,
religion, national origin, or handicap while performing any obligation under this agreement.
E. Entire Agreement.
This Agreement represents the entire agreement between Customer and KCC relating to this re-
quirement and shall prevail over any and all previous verbal and written agreements.
F. Withdrawal by Individual Agency.
Page 7 of 33
2009-120
Should one or more agencies contributing to the eOPLlNK Node information sharing system with-
draw, Kee will modify the existing migration and mapping from those agencies to the eOPLlNK index-
ing server to exclude future refresh of data from those agencies. Such modification will be covered as
part of the annual maintenance so long as the remaining agencies' data remains in the eOPLlNK
Node. If an agency wishes to remove data previously migrated to the eOPLlNK indexing server, Kee
will bill the fiscal agent for the eOPLlNK Node for time and materials related to this activity at the rate
of $250.00 per hour. In case of total removal of an agency's previously migrated data and non-
participation, the cost associated with the initial mapping and migration of that agency's data will be
subtracted from the total system cost, and future maintenance charges will be computed appropriately.
Page 8 of 33
2009-120
Article XIV. USE OF NAMES AND TRADEMARKS
Customer shall have the right to use the trademarks and name of KCC, but shall not have the right to use
the names of the inventors of the KCC Software without the written consent of the party whose name is
desired to be used.
Article XV. FORM AND METHOD OF NOTICE
No notice required to be provided in this Agreement shall be effective unless it is in writing; is delivered to
the other party by either reputable overnight courier; U.S. mail by registered, certified or overnight delivery
service, with all postage prepaid and return receipt requested, or by personal delivery; and is addressed
to:
If to KCC:
Knowledge Computing Corporation
Attn: Controller
7750 East Broadway Blvd, Suite 100
Tucson, AZ 85710
If to Customer:
or to such other address as KCC may des-
ignate by written notice to Customer.
or to such other address as Customer may desig-
nate by written notice to KCC.
Page 9 of 33
2009-120
Article XVI. AUTHORITY
The persons signing on behalf of Customer and KCC hereby warrant and represent that they have author-
ity to execute this Agreement on behalf of the party for whom they have signed.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first men-
tioned above.
For: KNOWLEDGE COMPUTING CORP.
For:
Signature
Date
Signature
Date
Printed Name
Title
Printed Name
Title
Attest
Printed Name
Title
Approved as to Form
Printed Name
Title
Page 10 of 33
2009-120
Schedule 1(a)
Project Cost Summary
Description Qty Price Sub-Totals
COPLlNK Software Licensin9 (Enterprise)"
Data Source Integration Services"'''' $ 523,933.50
Services:
Node Installation Fee $ 50,000.00
Project Management (on-site 3 months) $ 80,000.00
Additional Training Services (16 hours, for 15 persons) 1 $ 10,000.00
Subtotal Services $ 140,000.00
3rd Party Hardware"': (sales tax included)
13 Servers and Storage $ 45,000.00
I/ntenmediary Servers (including 1U server for WCSG) 10 $ 10,000.00
Subtotal 3rd Party Hardware $ 55,000.00
3rd Party Software: (sales tax included)
IMS SOL Server Standard Edition (2 CPUs) 2 $ 5,000.00
13rd Party System Interfaces/Services (T/buron, WCSG, etc...).... $ 104,000.00
Subtotal 3rd Party Software $ 109,000.00
Year one License Fee maintenance and technical support $ 42,793.84
Year one Inte9ration Services maintenance and technical support $ 78,590.03
TOTAL PROJECT COST $ 949,317.37
Page 11 of 33
2009-120
Schedule 1(b)
Software License Value
Enterprise Software Licensing (SO Pop. 2496): Costs
COPLlNK Base System $125,141.40
COPLlNK Computer-based Training $5,517.26
COPLlNK Active Agent $16,426.38
COPLlNK Incident Analyzer $27,335.50
COPLlNK Adaptive Analytical Architecture (A3) $19,210.08
COPLlNK Visualizer $27,335.50
COPLlNK Intel L.EAD. $41,065.94
COPLlNK Mobile (inc!. iLEAD mobile) $23,260.25
SUBTOTAL SOFTWARE $285,292.29
One Year Maintance $42,793.84
Page 12 of 33
2009-120
Schedule 1(c)
Integration Services Cost
t<evlsed Cas' aT
Data Initial Dataset Subsequent Multi-Agency Total Cost for
Datasets Sources Cost Datasets System All Datasets
RMS
Tiburon RecordLaws 4 $ 46,410.00 $ 97,461.00 $ 143,871.00
Visionair VisionRMS 2 $ 46,410.00 $ 34,807.50 $ 81,217.50
Spillman 2 $ 46,410.00 $ 34,807.50 $ 81,217.50
WCSG 2 $ 46,410.00 $ 34,807.50 $ 81,217.50
PlanlCML ORION RMS 1 $ 46,410.00 $ - $ 46,410.00
SUBTOTAL 11 $ 433,933.50
Additional
Custom County JMS 1 $ 30,000.00 $ 30,000.00
Caseload Explorer 1 $ 30,000.00 $ - $ 30,000.00
S8 County Citations 1 $ 30,000.00 $ 30,000.00
SUBTOTAL 3 $ 90,000.00
Total for Integration Services $ 523,933.50
Page 13 of 33
2009-120
Schedule 1(d)
List of Agencies with RMS Datasets
Agency Name Number of RMS Vendor Name RMS Product
Sworn Officers Name
San Bernardino SD 1190 Tiburon 7.3 LawRECORDS
Barstow 35 VisionAir VisionRMS
Chino 101 WCSG WCSG
Colton 67 Spillman 6.0 Spillman
Fontana 175 Tiburon 7.4.1 LawRECORDS
Montclair 53 WCSG WCSG
Ontario 224 Tiburon 7.3 LawRECORDS
Redlands 98 Spillman 6.0 Spillman
Rialto 115 VisionAir VisionRMS
San Bernadino PD 330 Tiburon 7.5 LawRECORDS
Upland 88 PlantCML ORION RMS
Page 14 of 33
2009-120
Schedule 1(e)
List of Datasets as Part of an RMS
.;,t"", oi~,,;l\~;,l~~
-.:i-\~'--;i"~~' -;~~i:~};t"~~j~l~il:~,'m).
."; 'j ,,;:~U 'QWf . ~'.1nl~J\:i 'l,
~ '" I ~lf~~"~~'~f-:tr:ti'"~,:" . :t!{f.f-~:~~;rt
~_ .,,,J...J ,:11""L..,,,)',,;..,>D..$ _'-';' -_",f,C>'!>1"'-,",,,,,
Warrants
Pawns
Departmental Reports/Crimes
Citations
Traffic Collisions/Crash Reports
Fl's
Gang Data
Mugs
Registered Offenders
Stand Alone Arrests
Employee Public Data (Race, Gender, Name, Height, Weight, Eyecolor, Haircolor, DOB)
Marks
Permits
Caution Flags
Other notes for RMS datasets:
1, Only data created by the standard RMS application will be mapped and ingested, Any "alien" data
from other systems (including, but not limited to, (1) CAD data that is flowed into the RMS from
some other product and (2) Data from a previous system used at the agency before the current
RMS) are considered non-standard and must be priced separately.
2. Data delivered to KCC must be complete, unfiltered, and unscrubbed in order to qualify for stan-
dard data source pricing, In cases where this proves impossible, a change order with new pricing
will be required,
3, Data delivered to KCC must be actual production data. Test data is not suitable for analysis and
mapping,
Page 15 of 33
2009-120
Schedule 1(f)
List of Agencies for Software License Maintenance Fees
San Bernadino SD
Barstow
Chino
Colton
Fontana
Montclair
Ontario
Redlands
Rialto
San Bernadino PD
Uland
<:'-~ t~~;~~'t j
1190
35
101
67
175
53
224
98
115
330
88
Page 16 of 33
2009-120
Schedule 1 (g)
Hardware Specifications
Web Server
Dell PowerEdge 1950
Two Xeon Processors
4 Gigs Memory
2x146Gig 10K Hard Drives
Microsoft Windows Server 2003 Standard Edition R2 x64
Migration Server
Dell PowerEdge 1950
Two Xeon Processors
4 Gigs Memory
2x146Gig 10K Hard Drives
Microsoft Windows Server 2003 Standard Edition R2 x64
Database Server
Dell PowerEdge 1950
Two Xeon Processors
16Gigs Memory
2x146Gig 15K Hard Drives
Microsoft Windows Server 2003 Standard Edition R2 x64
Microsoft SOL Server 2005 Standard Edition x64
Direct Attached Storage
Two MD1000 disk arrays each with:
15x146Gig 15K SAS drives configured as Raid-50
Page 17 of 33
2009-120
Schedule 1(h)
Payment Schedule
Deliverable Number Deliverable Description Due Date Total Payment
1a Computer l-la"dware and 3rd Party s,ftware 5/15/2009 $ 60,000.00
1b Node Installation Fee 5/15/2009 $ 50,000.00
2a Integation S3rvices- Data Aoceptanoe for Initial system 7/3/2009 $ 34,807.50
2b Integation S3rvices- Data Aoceptanoe for SJbsequent system 7/3/2009 $ 24,365.25
2c Integation S3rvices- Data Aoceptanoe for SJbsequent system 7/3/2009 $ 24,365.25
2d Integation S3rvices- Data Aoceptanoe for SJbsequent system 7/31/2009 $ 24,365.25
2e Integation S3rvices- Data Aoceptanoe for Initial system 7/31/2009 $ 34,807.50
2f Integation S3rvlces- Data Aoceptanoe for SJbsequent system 7/3/2009 $ 26,105.63
29 Integation S3rvices- Data Aoceptanoe for Initial system 7/3/2009 $ 34,807.50
2h Integation S3rvices - Data Aoceptanoe for SJbsequent system 8/21/2009 $ 26,105.63
2i Integation S3rvices- Data Aoceptanoe for initial system 8/21/2009 $ 34,807.50
2j Integation S3rvices- Data Aoceptanoe for SJbsequent system 8/21/2009 $ 26,105.63
2k Integation S3rvices- Data Aoceptanoe for Initial system 9/11/2009 $ 34,807.50
21 Integation S3rvices- Data Aoceptanoe for County.MS 10/23/2009 $ 22,500.00
2m Integation S3rvices- Data Aoceptanoe for County C3seload EXp 10/23/2009 $ 22,500.00
2n Integation S3rvices - Data Aoceptanoe for Court atations 10/23/2009 $ 22,500.00
3a Integation S3rvices - Refresh Aoceptanoe for Initial system 7/31/2009 $ 11,602.50
3b Integation S3rvices - Refresh Aoceptanoe for SJbsequent system 7/31/2009 $ 8,121.75
3c Integation S3rvices - Refresh Aoceptanoefor SJbsequent system 7/31/2009 $ 8,121.75
3d Integ-at ion S3rvices- Refresh Aoceptanoe for SJbsequent system 8/14/2009 $ 8,121.75
3e Integ-ation S3rvices- Data Aoceptanoe for Initial system 8/14/2009 $ 11,602.50
3f Integation S3rvices- Data Aoceptanoe for SJbsequent system 7/31/2009 $ 8,701.88
3g Integation S3rvices- Data Aoceptanoe for Initial system 7/31/2009 $ 11,602.50
3h Integ-ation S3rvices - Data Aoceptanoe for SJbsequent system 9/11/2009 $ 8,701.88
3i Integation S3rvices- Data Aoceptanoe for Initial system 9/11/2009 $ 11,602.50
3j Integ-ation S3rvices- Data Aoceptanoe for SJbsequent system 9/11/2009 $ 8,701.88
3k integ-ation S3rvices- Data Aoceptanoe for Initial system 10/23/2009 $ 11,602.50
31 Integation S3rvices - Refresh Aoceptanoe for County .MS 11/20/2009 $ 7,500.00
3m Integation S3rvices - Refresh Aoceptanoe for County C3seload EXp 11/20/2009 $ 7,500.00
3n Integation S3rvices - Refresh Aoceptanoe for Court atations 11/20/2009 $ 7,500.00
4a Ftojecl Management 1.5 months on-ste 7/10/2009 $ 40,000.00
4b Ftojecl Management 1.5monthson-ste 11/20/2009 $ 40,000.00
5 3rd Paiy 9tslem Interiaoes'S3rvices 1BD $ 104,000.00
6 Training S3sSon 1BD $ 10,000.00
7 9tslem Aoceptance (Maintenance Fees) 12/11/2009 $ 121,383.87
Total $ 949,317.37
Page 18 of 33
2009-120
Schedule 2(a)
Statement of Work
Estimated Project Schedule
Node Tasks
Hardware Installation
Software Installation See Schedule 2 c
MOU Tasks
Prelimina Discussions with A encies
Create MOU Document
Initial Draft
Workin Draft
Final Draft
Inte ration Services Tasks
Create Prelimina Pro'ect Plan
Kick-off Meetin s
Create Workin Pro'ect Plan based on information from Kick-off Meetin s
Be in Inte ration of Datasets see Schedule 2 d
30 45
45 50
1 20
15 60
15 20
40 50
50 60
1 20
25 35
40 50
35 240
Page 19 of 33
2009-120
Schedule 2(b)
Statement of Work
Project Management
Plan and Conduct Kick-off Meetings
Create Progress Reports
Create Project Plan
1
0.5
0.5
Bi-weekly
Monthly
Progress Report
Project Plan
Task and Deliverable descriptions:
Kick-offmeetings: The purpose of the meeting is to review the Memorandum Of Dnderstanding
(MOD,) review the Project SOW, and gather data. The meetings should not take place until a
preliminary version of the MOD has been created and agencies have their data available. The
attendees from each agency should include someone from records, IT department, and a user of
system (ie. detective or crime analyst.) If data is not collected during the kick-off meeting, the
project manager has the responsibility to collect the data from the agencies.
Progress status reports: The bi-weekly report (see example below) will detail all planned and
completed tasksJor the past and next immediate periods and project issues.
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Project Plan: A detailed project plan maintained by the KCC Project Manager will outline the
schedule for all the tasks and will be updated at regular intervals.
Page 20 of 33
2009-120
Schedule 2(c)
Statement of Work
Software Installation Schedule
Installation begins ONLY after the hardware (Web, Migration, and Database servers) has
been installed
Software Installation 6
Kee Access to Servers Established (VPN & Remote Desktop) 1 4
Install eOPLlNK Application Software with Demo Database 1
Install Remote Access Monitors (RAM)" 1
Install Initial Production eOPLlNK Database' 1 2
Established Refresh for Initial Production eOPLlNK Database 1 2
Page 21 of 33
2009-120
Schedule 2(d)
Statement of Work
Data Source Integration Schedule
Work begins on a data source ONLY when a historical backup of the
data and sample documents from the system are received at KCC facili-
ties (database schemas and data dictionaries are not sufficient to map
the data)
Data Source Integration 50
Load/Restorellnput Data Source from Historical Backup 2
Analyze Data Source 6
Map Data Source to COPLlNK 26
Design/Create/Review Maps and Design Refresh Mechanism 21
Map Lookup Values 5
Migrate Data (computer processing time, possib/ya subset)
Internal QA 6
KCC SME's Review the Data in COPLlNK 1
Fix Issues from QA Review 5
Migrate Data (possibly a subset)
Data Validation 3.5
Perform DV Test with the Agency 0.5
Fix Issues from DV Test 3
Migrate Data (full dataset)
Data Acceptance 0.5
Load Data into Production COPLlNK DB 1
Establish Data Refresh 5
Refresh Acceptance 0.5
16 (effort for agency
to create backup)
4
3 (x4 persons)
2 (x4 persons)
8
8
Data Validation Form
Data Acceptance Letter
Refresh Acceptance Letter
Page 22 of 33
Each System
Each System
Each System
2009-120
Schedule 2(e)
COPLlNK System Architecture
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2009-120
Schedule 3
Training
KCC will provide standard training for authorized users as described below:
Standard Training for users (trainers can also attend) provides the following:
. Knowledge Computing Corporation Training Staff comes to the site to conduct training.
. Training Staff brings fifteen laptop computers with the Knowledge Computing Corpora-
tion environment for first day training.
. The Customer must provide a class room for fifteen people with fifteen computers able
to connect to the COPLlNK node for second day training.
. The Customer must provide a class room suitable for COPLlNK training with enough
space for all the students, a place for instructors to work from, connections to the inter-
net and connections to a large screen monitor or overhead projector that can be viewed
by all students and staff. Facilities such as restroom and break room are also required.
Standard Training consists of:
. The first day training is eight hours on the Knowledge Computing Corporation environ-
ment. The training is interactive with the class.
. The second day training is eight hours. The first six hours is conducted on the Cus-
tomer's COPLlNK node and is interactive with the class. The last two hours is devoted
to conducting Administrative Module training for system administrators.
. Certificates of completion will be given to students who complete successfully the train-
ing course provided.
Additional training can be provided at an additional charge.
Page 24 of 33
2009-120
Schedule 4
Maintenance Services Agreement
KCC will provide the following maintenance and support services during the term of this Agreement:
(1) Maintenance Services: KCC will provide the customer the following under the Maintenance Program:
(a) No-cost telephone support for technical issues. Standard support is available from 8:00 am to
5:00 pm (Mountain Standard Time) on regular business days (holidays and weekends ex-
cepted). Enhanced support is available at anytime.
(b) No-cost e-mail support for technical issues.
(c) No-cost for all published patches and system-wide bug fixes.
(d) No-cost updated installation disks and written procedures whenever the Customer system is
modified by patches and/or updates.
(e) No-cost updated COPLlNK self-paced learning program whenever an update is issued. This as-
sumes that Customer has licensed the self-paced learning module.
(f) Non-warranty related program errors (once the initial warranty period has elapsed.)
(2) Service Level: KCC will provide a plan and tentative schedule for resolving any technicai support is-
sue:
Standard support: within one business day of receipt.
Enhanced support: within two hours of receipt.
(3) Updates: Interim version product updates and software patches to purchased system components
will be provided as part of the Annual Maintenance Agreement.
(4) Ongoing Maintenance: All maintenance costs are based on the assumption that KCC will have VPN
and Remote Desktop access to the COPLlNK servers and a remote access monitoring (RAM) system
will be installed on the servers and have the ability to send email messages to servers at KCC's Tuc-
son location only. Maintenance for software and integration services will be charged using the follow-
ing calculations:
o Annual Maintenance, year-to-year: Fifteen percent (15%) of the cost of the COPLlNK
Software at the time of system acceptance.
o Annual Maintenance, three-year or more: payable annually, fifteen percent (15%) of the
cost of the COPLlNK Software cost at the time of system acceptance.
These calculations shall apply all years that Customer has an Annual Maintenance Agreement in
place for the KCC Software, subject to standard increases for inflationary adjustments.
Customer has the option of switching from year-to-year annual maintenance to three-year annual
maintenance, or from three-year annual maintenance to year-to-year annual maintenance at the
beginning of any maintenance period.
For integration services of the data sources, the maintenance will include any version upgrades to
the underlying data source assuming the upgrade only has less than ten modifications-renaming,
deletion, or addition-to the columns of the database from the initial mapping that was approved
during the Data Acceptance test. All other modifications will not be included in the maintenance
such as any change to the database platform such as a switch from AS/400 to SQL Server, any
additional modules to the underlying source such as a Citation module, and any modifications that
would require a redesign of the refresh mechanism. The price for all integration services work
outside the scope of the maintenance as outlined in the previous statement will be negotiated at a
future date.
Specific Exclusions:
The Maintenance and Support Services provided hereunder shall specifically exclude the following:
(1) The inclusion of additional functionality and features for the COPLlNK system version installed at Cus-
tomer's site not specifically described in this Agreement, the software requirements statement or in
the accepted software.
(2) COPLlNK major version upgrades, new products or additionai modules developed by KCC, or those
Page 25 of 33
2009-120
not purchased by the customer under this agreement.
(3) Changes in or to the underlying data sources that provide information to the COPLI NK system via the
migration program.
(4) Any hardware or third-party software not under the direct control of KCC.
Technical Support Procedures:
o Hours of Technical Support: Ordinary Technical support for the COPLlNK system is available
on regular business days (Monday through Friday, holidays excepted,) from 8:00 am to 5:00 pm,
Mountain Standard Time. Please note that Arizona does not switch to Daylight Savings Time.
o Method of contacting Knowledge Computing Corporation: The Customer will identify not
more than three (3) staff members from each organization participating in the project who have
the authority to make requests for technical support. One alternate person may be appointed who
shall have the authority to contact technical support in the absence of or unavailability of the regu-
lar contact persons.
o Methods of Reporting Technical Support Issues: Customer may report technical support is-
sues by:
. Telephone to the Technical Support Center
. A Change Order Request form sent bye-mail tosupport@coplink.net
. In-person reporting to a KCC technical support advisor, followed up by a Change Order Re-
quest form
o Technical Support Telephone number: The toll-free number to call for technical support is
877.522.9599.
o Problem Description: KCC technical support personnel will log the technical support call and re-
quest sufficient information to determine exactly what type of problem is being reported.
o Problem Determination: KCC will respond within one business day to all requests for technical
support with a plan outlining the process KCC intends to follow to resolve the problem. KCC cias-
sifies reported problems as one of four levels. Severity Levels are detailed below:
. Severity Level 1 (Critical Problem) The System is unavailable, resulting in a critical im-
pact to operations that require fast resolution.
. Severity Level 2 (Major Problem) Designated users can access the System; however
material functions are not available.
. Severity Level 3 (Minor Problem) Designated users can access the System, and one or
more of the less important functions are not available resulting in a minor impact.
. Severity Level 4 (Minor Problem/Enhancement Request) The impact is insignificant to
users, and the Parties agree that problem resolution will require new functionality or an en-
hancement to be made at a mutually agreed upon date.
o The description of the Problem Severity Level is found in the following tabie, along with the mitiga-
tion procedure.
1
2
3
4
1 hour
1 hour
1 day
2 days
i;,i,,!;,, ~'~,'~il~i ("~I"ill"""iii"*'!."" "''lllfl'';~!;'i)iUi'l);~
," 'J .~'" .' 'fl.' .. "," ., ~...",..,
'r" . ,..~.. ,< ~ .. ;"'~' ':-t: - ~ ,-, ...c.. ;l! .. .. \ - .. -:'11...'. ::"" -'"
, : ':> ..,'. 1..,: "'.., ,.." ,"~ ,." ., '_,', ',,'"', ,J'__, -', .. ':\~'.'.-.j.~':'.,>-
Hourly 24 hours
Daily 48 hours
Every 2 days 5 days
Monthly As scheduled
o Program Code Error ("Bug") Determination: KCC will attempt to replicate the problem de-
scribed in the technical support request following the steps used by the customer. Non-
reproducible problems will not be considered bugs.
Page 26 of 33
2009-120
a Problem Resolution: Upon determination that the technical support issue is a program code er-
ror, KCC will so report to the Customer and present a mitigation strategy to resolve the problem
along with a tentative time line for problem resolution.
a Report to Customer: Upon resolution of the technical support issue KCC will provide the Cus-
tomer with a synopsis of the issue, the findings of the KCC technical support staff and the final
resolution of the problem.
a Program Updates and Upgrades: KCC will provide the Customer interim and major version up-
dates and upgrades according to the terms of the initial deployment contract(s} and this Mainte-
nance Agreement.
a Program Patches and Service Packs: Customer wiil receive any applicable program patches
and service packs as they become available. Such patches and service packs will be designated
as either "critical" or "non-critical." Customer must install critical patches or service packs to be eli-
gible for continued technical support.
a Updated Installation Program: KCC will provide Customer with a revised installation disk for the
COPt.lNK system as these become necessary due to program modifications and additions.
Page 27 of 33
2009-120
Schedule 5(a)
Data Validation Form
Project Name:
Agency Name:
Data Source Name:
1. The Agency and Kee have conducted a Data Validation session consisting of side-
by-side comparisons of actual documents as they appear in the source system and
in eOPLlNK. The accuracy of this process is proportional to the number of docu-
ments examined. The Agency agrees that the sample size examined was suffi-
ciently large to satisfy their particular quality requirement.
2. The accuracy of the Data Validation session also depends on the participants in-
volved. The Agency has involved sufficient representation from some or all of their
records, data entry, IT, command and end-user communities.
3. The Agency understands that any additional data mapping issues not identified dur-
ing the Data Validation session will require change orders, could incur time and ma-
terial costs to resolve and might not be resolved until after the data source is in pro-
duction and the project has entered the maintenance phase.
4. Issues identified as blocking defects during this Data Validation session will be re-
solved by Kee and demonstrated as fixed during a subsequent Data Acceptance
session. The data being examined during this Data Validation session will not be
moved into the production eOPLlNK database before Data Acceptance.
5. Issues identified as acceptable defects during this Data Validation are to be re-
solved after this data source has been merged into the production database.
Blocking Defect #s:
(see attached issue report forms for details)
Acceptable Defect #:
(see attached issue report forms for details)
Agency Signature:
Agency Name:
Date:
Page 28 of 33
2009-120
Data Validation Issue Report
Reported by:
Steps to reproduce issue: (Include document number, person name/DOB/identifiers which illus-
trate a specific example, when possible.)
Explain what you expected to see:
Explain what you actually saw:
This issue represents: (choose one)
o A Blocking Defect (data should not be merged into production COPLlNK and shared with other
agencies until the issue is resolved.)
o An Acceptable Defect (data can be merged into production before the issue is corrected, but the
issue should be resolved at the earliest opportunity.)
KCC Issue Tracking Number:
(May be assigned during or after data validation session)
Page 29 of 33
2009-120
Schedule 5(b)
Data Acceptance Letter
Project Name:
Agency Name:
Data Source Name:
1. The Agency agrees that the Data Acceptance Session has demonstrated that all
blocking defects identified during the Data Validation Session have been resolved,
and authorizes moving this data source into the production COPLlNK database for
sharing with other agencies.
2. The Agency understands that issues identified as acceptable defects during Data
Validation are to be resolved after this data source has been merged into the pro-
duction database.
Agency Signature:
Agency Name:
Date:
Page 30 of 33
2009-120
Schedule 6
COPLlNK Software End-User License Agreement (EULA)
Please read the terms and conditions of this license agreement (the "License") before using the computer
software (the "Software") provided by Knowledge Computing Corporation (KCC.) The term "Software" in-
cludes and these terms and conditions also appiy to any updates, modifications and upgrades to the Soft-
ware that you may receive from time to time. By installing the Software you accept and agree to the terms
of this License. If you do not agree to the terms of this Software End-User License Agreement you are not
authorized to use the Software. This License constitutes the entire agreement concerning the Software
between you and KCC and it supersedes any prior proposal or representation.
1. Rights and Limitations
a) General. The Software is licensed, not sold. KCC hereby grants to you a perpetual, non-exclusive
and non-transferable license to use any and all COPLlNK Software provided to you under this Li-
cense in accordance with the terms and conditions set forth herein. The Software is protected by
copyright laws as well as by other intellectual property laws. The Software and any copies that you
are authorized by KCC to make are the intellectual property of and are owned by KCC. The struc-
ture, organization and code of the Software are the valuable trade secrets and confidential infor-
mation of KCC. This License grants you no rights to use such content.
b) Restricted Rights Notice. The Software provided under this License is provided with
RESTRICTED RIGHTS. Use, duplication or disclosure is subject to restrictions set forth in this Li-
cense.
1. You agree that you will not sublicense, assign, transfer, pledge, lease, rent or share your
rights under this License other than to allow use of the Software by authorized individuals
accessing the COPLlNK system node on which the Software is installed.
2. You agree that you will not modify, adapt, disassemble, decompile, reverse engineer,
translate or otherwise attempt to discover the source code of the Software.
3. You may not modify the Software or create derivative works based upon the Software.
The Software is licensed as a single product. Its component parts may not be separated
for use on more than one computer.
4. You must maintain all copyright notices on all copies of the Software.
5. You may not distribute copies of the Software to third parties.
6. You may not export the Software to any country, entity or person to which export would be
illegal.
7. All rights not expressly granted are reserved by KCC.
c) KCC's Rights. You acknowledge and agree that the Software and Documentation are proprietary
products of Knowledge Computing Corporation under copyright law and disclosed to you by KCC
in confidence. You shall take all reasonable steps to safeguard the Software. KCC owns and will
retain all copyright, trademark, trade secret and other proprietary rights in and to Software. This
License conveys to you only a non-exclusive and limited right of use, revocable in accordance
with the terms and conditions of this License. In the event that you fail to comply with any terms
and/or conditions hereof, this License shall terminate automatically and KCC shall be entitled to all
remedies in accordance with applicabie law.
d) Other Limitations. This license is further limited as follows:
1. The Software may not be used by you for any other purpose than that set forth herein, in-
cluding without limitation, designing or developing any products to be sublicensed or dis-
tributed by or on behalf of you or the National Institute of Justice.
2. The License granted to you hereunder shall be a license to use the machine-readable ob-
ject code only, and shall specifically exclude source code; you shall allow only authorized
users to access the COPLlNK System software and use the services of the Software.
Page 31 of 33
2. Warranties
a) Material Errors. KCC warrants that if during the ninety (90) day period after installation and/or
the duration of any extended warranty, you notify KCC that the Software contains an error that
materially and adversely affects your law enforcement activities, KCC will at no cost to you use its
best efforts to either correct the error or provide a reasonable workaround for such error. KCC
does not warrant that the functions contained in the Software will meet your requirements, nor that
the operation of the Software will be uninterrupted or error-free. The warranties set forth in this
Section do not cover any copy of the Software that has been altered or changed in any way by
you or any authorized user.
During the warranty period KCC will provide changes to the software mutually agreed upon by the
parties for software troubleshooting and program code debugging only. No customization of the
COPLlNK System products will occur beyond that stated unless otherwise noted in a separate
agreement. The warranty does not include any updates to the software that are not the result of
errors.
b) Exclusions, KCC is not responsible for problems caused by changes in, or modifications to, the
operating characteristics of any computer hardware or operating system for which Customer has
authorized KCC to install the KCC Software, nor is KCC responsible for problems that occur as a
result of the use of the KCC Software in conjunction with software of third parties or with hardware
that is incompatible with the operating system for which the KCC Software is being installed.
c) Limitations. ANY IMPLIED WARRANTIES, INCLUDING WARRANTIES OF
MERCHANTABILITY, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, ARE
EXPRESSLY EXCLUDED. The warranties contained in this section are made in lieu of all other
warranties whether oral or written. Only an authorized officer of KCC may make modifications to
this warranty or additional warranties binding KCC, and any such modifications or additional war-
ranties must be in writing and must be approved by you. Approval shall not be unreasonably with-
held.
d) Java ™ Support. The software product may contain support for programs written in Java 1M. Ja-
va ™ technology is not fault tolerant and is not designed, manufactured or intended for use or re-
sale as on-line control equipment in hazardous environments requiring fail-safe performance, such
as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic
control, direct life support machines, or weapons systems, in which the failure of Java ™ technol-
ogy could lead directly to death, personal injury, or severe physical or environmental damage.
3. Indemnifications
a) General. KCC shall indemnify, defend, to the extent not prohibited by law, and hold you harmless
from any and all claims, demands, suits, actions, proceedings, loss, cost and reasonable attor-
ney's fees and/or litigation expenses arising or alleged to have arisen out of any act, omission,
professional error, fault, mistake or negligence of KCC, its employees, agents, representatives, or
subcontractors, their employees, agents, or representatives in connection with or incidental to the
performance of this License. KCC's obligation under this section shall not extend to any liability
caused by your sole negligence or your employees.
b) Claim and Action. In the event of any such claim or action, KCC shall have the option to either:
1. Modify the software so as to render it non-infringing so long as it continues to conform to
the specifications and warranties herein; or
2. Procure for you the right to continue using the software.
c) Contingencies. Any such indemnification under this Section shall be contingent upon:
1. You promptly notifying KCC in writing of any claim or action of which indemnification is
sought;
2. Immediately ceasing use of the software upon notice of any such claim or action; and
3. Affording to KCC sole control of the defense or settlement of any such control or action.
Page 32 of 33
4. Miscellaneous Provisions
a) Applicable Law. If you acquired the Software in the United States, this EULA is governed by the
laws of the State of California.
b) Modifications. This License may only be modified by a written amendment signed by persons du-
ly authorized to enter into contracts on your behalf and KCC.
c) Waiver. The failure of either party of this License to take affirmative action with respect to any
conduct of the other. which is in violation of the terms of this contract, shall not be construed as a
waiver thereof, or of any future breach or subsequent wrongful conduct.
d) Withdrawal by Individual Agency. Should one or more agencies contributing to a COPLlNK
Node information sharing system withdraw, KCC will modify the existing migration and mapping
from those agencies to the COPLlNK node or data warehouse to exclude future refresh of data
from those agencies. Such modification will be covered as part of the annual maintenance so long
as the remaining agencies' data remains in the COPLlNK node. If an agency wishes to remove
data previously migrated to the COPLlNK node or data warehouse, KCC will bill the fiscal agent
for the COPLlNK node for time and materials related to this activity.
e) Use of Names and Trademarks. You shall have the right to use the trademarks and name of
KCC, but shall not have the right to use the names of the inventors of the Software without the
written consent of the party whose name is desired to be used. COPLlNK and other trademarks
contained in the Software are trademarks or registered trademarks of KCC. Third party trade-
marks, trade names, product names and logos may be the trademarks or registered trademarks of
their respective owners. You may not remove or alter any trademark, trade names, product
names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software.
This EULA does not authorize you to use the COPLlNK trademark or Its licensors' names or any
of their respective trademarks.
f) Entire Software End-User License Agreement. This License represents the entire agreement
between you and KCC relating to this requirement and shall prevail over any and all previous ver-
bal and written agreements. No COPLlNK reseller, agent or KCC employee is authorized to make
any amendment to this License.
All questions concerning this EULA shall be directed to: Knowledge Computing Corporation, 7750 E.
Broadway Blvd. Suite 100, Tucson, AZ 85710, Attention: Support Services.
Page 33 of 33
13
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1
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CCQ)[PV
RESOLUTION NO.
RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO
PARTICIPATE IN THE SAN BER.i'IIARDINO COUNTY DATA SHARING
INITIATIVE AND AVTHORIZING THE CHIEF OF POLICE TO EXECUTE THE
SAN BER.l\'ARDINO COUNTY DATA SHARING INITIATIVE MEMORA~'DUM OF
UNDERSTANDING (MOU).
BE IT RESOLVED BY THE MAYOR AND COMMON COliNCIL OF THE
CITY OF SAN BER.i'IIARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Common Council of the City of San Bernardino
authorize the Police Department to participate in the San Bernardino County Data Sharing
Initiative and authorize the Chief of Police to execute a Memorandum of Understanding
between the City of San Bernardino and the San Bernardino County Chiefs and Sheriff
12
Association, a copy of which is attached hereto, marked as Exhibit A, and incorporated herein
by this reference.
SECTION 2. The authorization to execute the above referenced Memorandum of
Understanding is rescinded if not issued within one hundred-twenty (120) days of the passage
of this Resolution.
III
III
III
III
III
III
III
III
III
s-! 'i -O~
<#'/5
13
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1
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5
RESOLDTIOl\" AUTHORIZING THE POLICE DEPARTMENT TO
PARTICIPATE IN THE SAN BERNARDINO COUNTY DATA SHARING
INITIATIVE AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE
SAN BERNARDINO COUNTY DATA SHARING INITIATIVE MEMORA:"IDUM OF
UNDERSTANDING (MOD).
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a
meeting thereof, held
7 on the
day of
, 2009, by the following vote, to wit:
8 Council Members:
AYES
NAYS
ABSTAIK ABSENT
9
10
11
ESTRADA
BAXTER
BRINKER
12
SHORETT
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing Resolution is hereby approved this
day of
,2009.
Patrick J. Morris, Mayor
City of San Bernardino
23 Approved as to Form:
24
25
26
27
28
EXHIBIT A
SAN BERNARDINO COUNTY
DATA SHARING INITIATIVE
MEMORANDUM OF UNDERSTANDING
This memorandum of understanding is entered into between the following participating agencies:
Barstow Police Department
Chino Police Department
Colton Police Department
Fontana Police Department
Montclair Police Department
Ontario Police Department
Redlands Police Department
Rialto Police Department
San Bernardino Police Department
San Bernardino County Probation Department
San Bernardino County District Attorney's Office
San Bernardino County Sheriff Department
Upland Police Department
The parties agree to work in a variety of ways to facilitate sharing each other's data in an effort to
improve the effectiveness of their respective agency and collectively, the entire San Bernardino
County Criminal Justice System.
PURPOSE
The purpose of the MOU is (1) to outline the mission and expectations for the San Bernardino
County Data Sharing Initiative (hereinafter referred to as the "Initiative"), (2) to formalize
relationships between the participating agencies, and (3) to outline the commitments necessary
for the successful completion of this Initiative.
INTRODUCTION
After the tragic events of September 11, 2001, law enforcement agencies at all levels of
government recognized the need for faster, more pervasive information sharing. In order to
provide information sharing among our county law enforcement agencies as well as neighboring
Counties, County law enforcement agencies must implement a software application to integrate
numerous disparate databases. This software will facilitate the collection, consolidation,
visualization, and dissemination of law enforcement information across jurisdictional
boundaries. San Bernardino County law enforcement agencies met over the past year under the
auspices of the San Bernardino County Chiefs and Sheriff Association (hereinafter referred to as
Page I of8
the "Association") to discuss the concept of data sharing between all agencies. In researching
available solutions and similar operations across California and the nation, the COP LINK system
from Knowledge Computing Corp (KCC) was chosen as the system that would best meet our
current and future needs.
MISSION
The mission of the San Bernardino County Data Sharing Initiative is to implement COPLINK as
a sustainable data sharing solution that will allow for effective data sharing between all law and
justice agencies within San Bernardino County as well as other COPLINK nodes throughout the
Country.
The implementation of the COPLINK System serves as a solution to the problems of
inaccessible or irretrievable information as a result of disparate information systems that lack a
common platform and the difficulty in sharing data across jurisdictional boundaries.
COMPOSITION
The Data Sharing Initiative will include both Participating Members and Associate Members.
Participating Members will be those agencies agreeing to share their RMS data with all other
member agencies. Associate Members are agencies that are unable to share their data, but have a
need to have access to the central COPLINK database.
It is understood that other agencies may subsequently join the Initiative with a two-thirds vote of
the San Bernardino County Chief and Sheriff Association. The names of these agencies will be
added to the list on page one of this MOU. Agencies that the Association wishes to allow access
to the COPLINK data without sharing data may be added to the MOU as Associate Members.
The Association may asses a charge for the COPLINK access.
IMPLEMENTATION TEAM
The Association will appoint an Initiative Executive Director that is empowered to make
decisions on the part of the Association when it is impractical to obtain a decision of the entire
Association or as otherwise empowered by the Association.
The Initiative will be coordinated by a contract Project Manager who will be chosen by the San
Bernardino County Chiefs and Sheriff Association and contracted through the City of Red lands.
The Team will initially consist of sworn and/or civilian law enforcement officers/agents from
each of the participating agencies. Each agency agrees to provide at least one staff officer and
one technology specialist to the implementation team.
The Project Manager is authorized to form working group(s) as necessary in furtherance of the
goals of integrating the automation systems of the member agencies. The working group(s) may
include personnel from any participating agency and KCC. Individuals assigned to working
groups must agree to participate as required to achieve the goals of the Initiative.
Page 2 of8
POLICY AND DIRECTION
The policies and management of the Initiative will be consistent with this document and shall be
at the direction of the San Bernardino County Chiefs and Sherriff Association.
COMMITMENTS
, As Participating Members of the San Bernardino County Data Sharing Initiative, each agency
agrees to the following:
· Support and Access
The San Bernardino County Sheriff Department will serve as the Hosting Agency for the
COP LINK system.
Each participating agency recognizes that in order to achieve overall success, resources
(personnel, software, hardware, etc.), must be shared willingly and in some cases
unequally, as long as that cooperation does not adversely impact the mission of the
sharing agency.
Each Agency may be required to intercede with third-party vendors of data sources
owned, licensed to, and/or operated by their agency in order to facilitate the data mapping
and migration of such data to the COPLINK Solution Suite.
Each agency agrees to provide a local agency System Administrator that will be
responsible for the management of user accounts at that agency and will serve as a liaison
with the hosting agency.
Each agency will permit dial-up or VPN access to the COP LINK indexing server or
COPLINK web-server located in or at their facility for purposc;s of installation, testing
and system maintenance.
The hosting agency will provide remote connectivity via VPN or other secure dialup
access to the COPLINK server to be used by KCC personnel at their office in Tucson,
AZ for the purposes of installation, testing and system maintenance.
. Data
Each participating agency agrees to share all data within their Records Management
Systems (RMS) that can be legally shared by law.
Each agency will facilitate the acquisition by KCC personnel of department and third
party vendor resources necessary for the successful operation of the COPLINK Solution
Suite including, but not limited to:
(a) Full Production Database Backup Data
(b) Full Production Database Backup Data one week later
(c) Sample records from each of the systems to be integrated
Page 3 of8
Each agency agrees to assign a command level officer and other personnel as required to
complete the data verification and acceptance process with KCC and the Project
Manager.
. Computers and Equipment and Software
Each agency agrees to provide any networking equipment that may be necessary to
connect their internal network to the COPLINK I-Box and/or the San Bernardino County
Wide Area Network (WAN).
· Ongoing Support and Administration
Participating Agencies agree to approve the following as required by the KCC contract:
(a) COPLINK Node Business Rules
(b) COPLINK Node Consolidation Rules
(c) COPLINK Node Policies and Procedures
Participating agencies agree to amend this agreement as necessary to accomplish the
goal of more fully integrating the automation and processes, which serve the San
Bernardino County Criminal Justice System.
Participating agencies agree to establish a means for long-term governance of the
project to ensure sustainability and to obtain funding for the operation and
enhancement of information sharing within the San Bernardino County Criminal
Justice System and with other Criminal Justice Systems.
Participants agree to establish a yearly budget for the continuance of the COPLINK
project and that if outside funding cannot be obtained for the continued maintenance of the
COPLINK Suite and necessary hardware upgrades, that the member agencies will each
contribute funds to the project in an amount established by the Association.
. Training
Members will designate authorized trainer to be trained by KCC at training sessions
provided by KCC.
It is the responsibility of each member agency to ensure that its authorized users receive
the requisite training.
PERSONNEL AND ADMINISTRATIVE MATTERS
· Compensation
Each agency agrees to assume all personnel costs, including salaries, fringe benefits and
overtime, for its officers/agents assigned to work on the Initiative.
· Administrative Support
Any secretarial assistance that may be required by a participating agency will be the
Page 4 of8
responsibility of that agency. Any secretarial assistance that may be required by the
Project Manager will be his responsibility.
· Process for tracking and resolving issues
Issues affecting the implementation of the Initiative will be addressed by the Project
Manager and members of the Implementation Team as may be needed. Issues unable to
be resolved by the Project Manager will be addressed with the San Bernardino County
Chiefs and Sheriff Association.
· Records and Reports
Records associated with the COP LINK Implementation will be maintained by the Project
Manager. Records regarding the HSGP grant will be maintained by the San Bernardino
County Sheriff Department.
· Media Relations
Information regarding routine apprehensions or use of the system may be furnished to the
press by the involved agency in accordance with their press policy. In events of
significant public interest the Association may elect to make a joint press release.
· Liability
Each agency shall assume the responsibility and liability for the acts and omissions of its
own officers, agents, or employees in connection with the performance of their official
duties under this MOV. For tort liability purposes, no participating agency shall be
considered the agent of the other participating agencies. Each participating agency shall
be liable (if at all) only for the torts of its own officers, agents, or employees that occur
within the scope of their official duties.
The provisions contained herein include any violation of applicable law, ordinance,
regulation, or rule, including where the claim, loss, damage, charge or expense was
caused by deliberate, willful, or criminal acts of any agency, or any of its agents, officers,
or employees in its, or their performance hereunder.
It is the intent of the parties hereto that, where negligence is determined to have been
contributory, principles of comparative negligence will be followed and each party shall
bear the proportionate cost of any loss, damage, expense and liability attributable to that
parties negligence.
The agencies shall establish procedures to notify the other agencies where appropriate of
any claims, administrative actions or legal actions with respect to any of the matters
described in this indemnification provision. The agencies shall cooperate in the defense
of such actions brought by others with respect to the matters covered in this MOV.
Nothing set forth in this MOV shall establish a standard of care for, or create any legal
rights in, any person not a party to this MOV.
Page 5 of8
. Withdrawal from the Initiative
Members may withdraw their participation with the Initiative upon written notification to
the Association President.
· Modification
No waiver, alteration, modification, or termination of this MOV shall be valid unless
made in writing and signed by the authorized parties hereof. A two-thirds majority of
Association members is required to modifY this Agreement
. Counterparts
This MOV may be executed in one or more counterparts, each of which shall be deemed
to be an original, but all of which together shall constitute but one and the same
instrument.
. Captions
The headings or captions to the Articles of this MOV are not a part of the MOV and shall
have no effect upon the construction or interpretation of any part thereof.
. Severability
If any term, covenant, or condition of this MOV is held by a court of competent
jurisdiction to be invalid, the remainder of this MOV shall remain in full force and effect.
. Ambiguities
The parties have each carefully reviewed this MOV and have agreed to each term of this
MOV. No ambiguity shall be presumed to be construed against any other party.
· Governing Law
The interpretation and enforcement of the MOV shall be governed by the laws of the
State of California, and where applicable, by federal law. The parties agree to submit any
disputes arising under the MOV to a court of competent jurisdiction located in San
Bernardino County, California.
. Terms of Agreement
It is agreed that this MOV will be in force from the date of the last agency signing this
document. The portion of the MOV relating to a specific agency may be terminated at
any time by a participating agency delivering a written notice of termination to the other
participating agencies. An agencies termination of their involvement in the Initiative will
not negate the continuing agencies participation and agreement under the existing MOV.
. Integration
This MOV embodies the entire agreement of the parties in relation to the scope of
services herein described, and no other agreement or understanding, verbal or otherwise,
exists between the parties with the exception of contracts assigned pursuant to the
issuance of grant funds. .
Page 6 of8
Full Member Signatures
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Page 7 of8
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Associate Member Signatures
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Page 8 of8
SAN BERNARDINO COUNTY
DATA SHARING INITIATIVE
MEMORANDUM OF UNDERSTANDING
This memorandum of understanding is entered into between the following participating agencies:
Barstow Police Department
Chino Police Department
Colton Police Department
Fontana Police Department
Montclair Police Department
Ontario Police Department
Redlands Police Department
Rialto Police Department
San Bernardino Police Department
San Bernardino County Probation Department
San Bernardino County District Attorney's Office
San Bernardino County Sheriff Department
Upland Police Department
The parties agree to work in a variety of ways to facilitate sharing each other's data in an effort to
improve the effectiveness of their respective agency and collectively, the entire San Bernardino
County Criminal Justice System.
PURPOSE
The purpose of the MOU is (1) to outline the mission and expectations for the San Bernardino
County Data Sharing Initiative (hereinafter referred to as the "Initiative"), (2) to formalize
relationships between the participating agencies, and (3) to outline the commitments necessary
for the successful completion of this Initiative.
INTRODUCTION
After the tragic events of September II, 200 I, law enforcement agencies at all levels of
government recognized the need for faster, more pervasive information sharing. In order to
provide information sharing among our county law enforcement agencies as well as neighboring
Counties, County law enforcement agencies must implement a software application to integrate
numerous disparate databases. This software will facilitate the collection, consolidation,
visualization, and dissemination of law enforcement information across jurisdictional
boundaries. San Bernardino County law enforcement agencies met over the past year under the
auspices of the San Bernardino County Chiefs and Sheriff Association (hereinafter referred to as
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the "Association") to discuss the concept of data sharing between all agencies. In researching
available solutions and similar operations across California and the nation, the COPLINK system
from Knowledge Computing Corp (KCC) was chosen as the system that would best meet our
current and future needs.
MISSION
The mission of the San Bernardino County Data Sharing Initiative is to implement COPLINK as
a sustainable data sharing solution that will allow for effective data sharing between all law and
justice agencies within San Bernardino County as well as other COPLINK nodes throughout the
Country.
The implementation of the COPLINK System serves as a solution to the problems of
inaccessible or irretrievable information as a result of disparate information systems that lack a
common platform and the difficulty in sharing data across jurisdictional boundaries.
COMPOSITION
The Data Sharing Initiative will include both Participating Members and Associate Members.
Participating Members will be those agencies agreeing to share their RMS data with all other
member agencies. Associate Members are agencies that are unable to share their data, but have a
need to have access to the central COP LINK database.
It is understood that other agencies may subsequently join the Initiative with a two-thirds vote of
the San Bernardino County Chief and Sheriff Association. The names of these agencies will be
added to the list on page one of this MOD. Agencies that the Association wishes to allow access
to the COPLINK data without sharing data may be added to the MOD as Associate Members.
The Association may asses a charge for the COP LINK access.
IMPLEMENTATION TEAM
The Association will appoint an Initiative Executive Director that is empowered to make
decisions on the part of the Association when it is impractical to obtain a decision of the entire
Association or as otherwise empowered by the Association.
The Initiative will be coordinated by a contract Project Manager who will be chosen by the San
Bernardino County Chiefs and Sheriff Association and contracted through the City of Redlands.
The Team will initially consist of sworn and/or civilian law enforcement officers/agents from
each of the participating agencies. Each agency agrees to provide at least one staff officer and
one technology specialist to the implementation team.
The Project Manager is authorized to form working group(s) as necessary in furth~I;mce of the
goals of integrating the automation systems of the member agencies. The working group(s) may
include personnel from any participating agency and KCC. Individuals assigned to working
groups must agree to participate as required to achieve the goals of the Initiative.
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POLICY AND DIRECTION
The policies and management of the Initiative will be consistent with this document and shall be
at the direction of the San Bernardino County Chiefs and Sherriff Association.
COMMITMENTS
As Participating Members of the San Bernardino County Data Sharing Initiative, each agency
agrees to the following:
· Support and Access
The San Bernardino County Sheriff Department will serve as the Hosting Agency for the
COP LINK system.
Each participating agency recognizes that in order to achieve overall success, resources
(personnel, software, hardware, etc.), must be shared willingly and in some cases
unequally, as long as that cooperation does not adversely impact the mission of the
sharing agency.
Each Agency may be required to intercede with third-party vendors of data sources
owned, licensed to, and/or operated by their agency in order to facilitate the data mapping
and migration of such data to the COP LINK Solution Suite.
Each agency agrees to provide a local agency System Administrator that will be
responsible for the management of user accounts at that agency and will serve as a liaison
with the hosting agency.
Each agency will permit dial-up or VPN access to the COPLINK indexing server or
COPLINK web-server located in or at their facility for purposes of installation, testing
and system maintenance.
The hosting agency will provide remote connectivity via VPN or other secure dialup
access to the COPLINK server to be used by KCC personnel at their office in Tucson,
A2 for the purposes of installation, testing and system maintenance.
· Data
Each participating agency agrees to share all data within their Records Management
Systems (RMS) that can be legally shared by law.
Each agency will facilitate the acquisition by KCC personnel of department and third
party vendor resources necessary for the successful operation of the COPLINK Solution
Suite including, but not limited to:
(a) Full Production Database Backup Data
(b) Full Production Database Backup Data one week later
(c) Sample records from each of the systems to be integrated
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Each agency agrees to assign a command level officer and other personnel as required to
complete the data verification and acceptance process with KCC and the Project
Manager.
· Computers and Equipment and Software
Each agency agrees to provide any networking equipment that may be necessary to
connect their internal network to the COP LINK I-Box and/or the San Bernardino County
Wide Area Network (WAN).
· Ongoing Support and Administration
Participating Agencies agree to approve the following as required by the KCC contract:
(a) COPLINK Node Business Rules
(b) COP LINK Node Consolidation Rules
(c) COP LINK Node Policies and Procedures
Participating agencies agree to amend this agreement as necessary to accomplish the
goal of more fully integrating the automation and processes, which serve the San
Bernardino County Criminal Justice System.
Participating agencies agree to establish a means for long-term governance of the
project to ensure sustainability and to obtain funding for the operation and
enhancement of information sharing within the San Bernardino County Criminal
Justice System and with other Criminal Justice Systems.
Participants agree to establish a yearly budget for the continuance of the COPLINK
project and that if outside funding cannot be obtained for the continued maintenance of the
COPLINK Suite and necessary hardware upgrades, that the member agencies will each
contribute funds to the project in an amount established by the Association.
· Training
Members will designate authorized trainer to be trained by KCC at training sessions
provided by KCC.
It is the responsibility of each member agency to ensure that its authorized users receive
the requisite training.
PERSONNEL AND ADMINISTRATIVE MATTERS
· Compensation
Each agency agrees to assume all personnel costs, including salaries, fringe benefits and
overtime, for its officers/agents assigned to work on the Initiative.
· Administrative Support
Any secretarial assistance that may be required by a participating agency will be the
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responsibility of that agency. Any secretarial assistance that may be required by the
Project Manager will be his responsibility.
· Process for tracking and resolving issues
Issues affecting the implementation of the Initiative will be addressed by the Project
Manager and members of the Implementation Team as may be needed. Issues unable to
be resolved by the Project Manager will be addressed with the San Bernardino County
Chiefs and Sheriff Association.
· Records and Reports
Records associated with the COP LINK Implementation will be maintained by the Project
Manager. Records regarding the HSGP grant will be maintained by the San Bernardino
County Sheriff Department.
. Media Relations
Information regarding routine apprehensions or use of the system may be furnished to the
press by the involved agency in accordance with their press policy. In events of
significant public interest the Association may elect to make a joint press release.
· Liability
Each agency shall assume the responsibility and liability for the acts and omissions of its
own officers, agents, or employees in connection with the performance of their official
duties under this MOD. For tort liability purposes, no participating agency shall be
considered the agent of the other participating agencies. Each participating agency shall
be liable (if at all) only for the torts of its own officers, agents, or employees that occur
within the scope of their official duties.
The provisions contained herein include any violation of applicable law, ordinance,
regulation, or rule, including where the claim, loss, damage, charge or expense was
caused by deliberate, willful, or criminal acts of any agency, or any of its agents, officers,
or employees in its, or their performance hereunder.
It is the intent of the parties hereto that, where negligence is determined to have been
contributory, principles of comparative negligence will be followed and each party shall
bear the proportionate cost of any loss, damage, expense and liability attributable to that
parties negligence.
The agencies shall establish procedures to notify the other agencies where appropriate of
any claims, administrative actions or legal actions with respect to any of the matters
described in this indemnification provision. The agencies shall cooperate in the defense
of such actions brought by others with respect to the matters covered in this MOD.
Nothing set forth in this MOD shall establish a standard of care for, or create any legal
rights in, any person not a party to this MOD.
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· Withdrawal from the Initiative
Members may withdraw their participation with the Initiative upon written notification to
the Association President.
· Modification
No waiver, alteration, modification, or termination of this MOO shall be valid unless
made in writing and signed by the authorized parties hereof. A two-thirds majority of
Association members is required to modify this Agreement
. Counterparts
This MOO may be executed in one or more counterparts, each of which shall be deemed
to be an original, but all of which together shall constitute but one and the same
instrument.
. Captions
The headings or captions to the Articles of this MOO are not a part of the MOO and shall
have no effect upon the construction or interpretation of any part thereof.
. Severability
If any term, covenant, or condition of this MOO is held by a court of competent
jurisdiction to be invalid, the remainder of this MOO shall remain in full force and effect.
. Ambiguities
The parties have each carefully reviewed this MOO and have agreed to each term of this
MOO. No ambiguity shall be presumed to be construed against any other party.
· Governing Law
The interpretation and enforcement of the MOO shall be governed by the laws of the
State of California, and where applicable, by federal law. The parties agree to submit any
disputes arising under the MOO to a court of competent jurisdiction located in San
Bernardino County, California.
· Terms of Agreement
It is agreed that this MOO will be in force from the date of the last agency signing this
document. The portion of the MOO relating to a specific agency may be terminated at
any time by a participating agency delivering a written notice of termination to the other
participating agencies. An agencies termination of their involvement in the Initiative will
not negate the continuing agencies participation and agreement under the existing MOO.
. Integration
This MOO embodies the entire agreement of the parties in relation to the scope of
services herein described, and no other agreement or understanding, verbal or otherwise,
exists between the parties with the exception of contracts assigned pursuant to the
issuance of grant funds.
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Full Member Signatures
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Associate Member Signatures
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c'd't'i{(}VED AS TO FORM:
James F. Penman,
City Attorney
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