HomeMy WebLinkAboutRES 19-34 RESOLUTION NO. 19-34
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF
APACHE JUNCTION POLICE DEPARTMENT TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF
TRANSPORTATION FOR MAINTENANCE AND SUPPORT OF ARIZONA
TRAFFIC; AND CRIMINAL SOFTWARE
WHEREAS, on June 19, 2018, the City passed and adopted
Resolution No® 10-23, which authorized a data access and
exchange agreement between Apache Junction Police Department
("AJPD") and Arizona Department of Transportation (`'ADOT") ,
known as Intergovernmental Agreement ("IGA") 18-0006938-I, which
authorized connectivity to ADOT' s electronic crash records
database; and
WHEREAS, the parties now desire to enter into IC?A DT-ITG-
2019-010 which allows AJPD to use software associated with
ADOT' s mobile automobile crash report database known as Arizona
Traffic and Criminal Software ("AzTraCS") ; and
WHEREAS, AzTraCS is being provided to AJPD by ADOT free of
charge; and
WHEREAS, pursuant to A.R. S . § 11-952 (A) , public entities
may enter into IGAs with other municipalities and governmental
entities for joint or cooperative activities .
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS
1) The mayor and city council approve the form. of ICA DT-ITG-
2019-010 for maintenance and support of AzTraCS software
set forth in Attachment A; and the police chief is hereby
authorized to sign the agreement on behalf of the City®
2) The police chief and/or his designee is authorized and
directed to take all steps necessary to carry out the
purpose and intent of this resolution and to fulfill all
the duties required under the agreement .
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS / DAY OF 2019 .
RESOLUTION NO® 19-34
PAGE 1 OF 2
SIGNED AND ATTESTED TO THIS DAY 0F 2019
YE SE
Mayor
ATTEST :
t
µ
E IFER t EIRA
1 .y C1e
APPROVED AS TO FORM:
<Z4� /2
RICHARD J a STERN
City Attorney
RESOLUTION NCB® 19-34
PAGE 2 OF 2
ATTACHMENT A
DocuSign Envelope ID:531 EC678-658A-413131-AA90-92G346F30E44
INTERAGENCY SERVICE AGREEMENT
AzTraCS Use
Between
Arizona Department of Transportation
And
Apache Junction Police Department
ADOT Contract Number: DT-ITG-2019-010
THIS AGREEMENT is entered into between the Arizona Department of Transportation (A DOT) and the Apache
Junction Police Department for the purpose of outlining responsibilities for the use of the software, state standard
data entry forms, and associated data files, central-site database schema, XML Electronic Incident Data Submission
(EIDS) and all associated documentation/ instructions (collectively hereinafter referred to as Arizona Traffic and
Criminal Software,or AzTraCS).
WHEREAS,the Traffic and Criminal Software(TraCS) is licensed by the to Department of Transportation for ADOT
to develop Arizona's custom safety data collection capabilities; is include crash, citation and other data entry
forms (i.e., state standard data entry forms)for the electronic capture by and transfer of data from law enforcement
agencies to ADOT and the courts; and
WHEREAS, A has entered into an agreement with the Iowa Department of Transportation (IDOT) for the ability
to use certain software products (the "Master Agreement') known as the "Traffic and Criminal Software" ("TraCS
Software"); and
WHEREAS,AGENCY is a governmental public safety agency within state of Arizona; and
WHEREAS, pursuant to the terms and conditions of the Master Agreement, A desires to grant to AGENCY, and
AGENCY desires to receive a non-exclusive, nontransferable, non-sub licensable license to use the object code
version of the Licensed Software; and
WHEREAS, it is the intention of A to provide AzTraCS to any law enforcement agency in Arizona free of charge,
based on ADOT support staff availability and the AGENCY's ability to self-support; and
WHEREAS, A.R.S.§ 28-410 authorizes ADOT to enter into an agreement for the maintenance and support for
computer software distributed to other agencies or political subdivisions oft is state: and
WHEREAS, upon mutual agreement, ADOT and AGENCY agree to the terms and definitions described below and on
the following pages for the use of AzTraCS,in whole or in part.
THEREFORE, ADOT and AGENCY agree as follows:
SECTION 1.TERMS OF AGREEMENT
A.ADOT SHALL:
1. Grant to AGENCY, subject to the terms and conditions of this Sublicense, a nonexclusive, nontransferable,
non-sub licensable license to use the object code version of the Licensed Software. The Licensed Software is
to be used only on computers owned by the AGENCY and used only by employees of the AGENCY,
2. Grant to the AGENCY, subject to the terms and conditions of this Sublicense, a nonexclusive,
nontransferable, non-sublicenseble license to use the TraCS software trademark (the "Licensed Mark") on
and in conjunction with the Licensed Software and promotional materials for the Licensed Software.
Rev.05/2019 Page 1 of 7
DocuSign Envelope ID:531EC67M58A4BB1-AA90-92C346F3OE44
3. Provide the current version of AzTraCS to the AGENCY at no cost to the AGENCY.
4. Establish, once AzTraCS begins statewide rollout, an AzTraCS steering committee comprised of AzTraCS user
agency representatives to prioritize AzTraCS enhancements, functionality and for requests, issues, etc.
ADOT will not permit any representatives on the AzTraCS steering committee from agencies that have not
signed an AzTraCS Use Agreement.
S. Provide limited support to answer questions during the initial setup of AzTraCS. The support is limited to
two designated persons within the AGENCY and shall include:
a. Assisting AGENCY SME or IT to install and configurea itionl TraCS workstations.
b. Assisting AGENCY SME or IT to create initial users accounts,
c. Dedicated A Assistance during"go-live"week.
6. Review, prioritize and schedule change requests for inclusion in future software releases. Change requests
for state provided for enhancements or any component of AzTraCS shall be directed to ADOT. Any
enhancement that requires funding will bete responsibility of the AGENCY to obtain the necessary
financing. If the enhancement benefits multiple agencies, A will assist in securing funding, No matter
where funding comes from,ADOT and/or its contractors will make all changes to AzTraCS.
7. Support the use of the AzTraCS system by offering one "train the trainer" type training session, which will be
held at an agreed upon site not to exceed two days in length. This will be an In-depth, technical training
session, is should be attended by members of the AGENCY staff, to include law enforcement personnel
who will be using the AzTraCS program and those designated to serve in the roles of system administrators,
trainers, installers and supporters.
8. Provide training and installation documentation, an AzTraCS User Guide, an AzTraCS Technical Guide, and
System Administration manual on a CD-ROM or in other electronic format.
9. Provide programming development, enhancements,deployment and ongoing support of AzTraCS.
a. Address those AzTraCS application issues that cannot be resolved by the Town SME and the Town IT
staff.
b. Escalate any requests that cannot be resolved by ADOT IT to the National TraCS Support.
c. Acknowledge and assign a support ticket for requests received via AZTraCSSupport@azdot.gov or
called in Toll Free at 1-833 458-7227.
d. Support Issues will be addressed within:
1. 24 hours for issues impacting production environment,
ii. 5 business days for issues impacting test/development environment.
10. Provide software releases bug fixes and other updates on CD-ROM or in other electronic format.One CD will
be provided to the designated contact within the AGENCY,
11. Support AzTraCS administrative requirements including funding for licensing, marketing and other
managerial support.
Rev.05/2019 Page 2 of 7
DocuSign Envelope D:531EC67M58A-4BB1-AA90-92C346F3OE44
12. Maintain all parts of AzTraCS under ADOT's control. "Maintenance" means support, upkeep, repair and
periodic duplication or" ack-up" of records in order to safeguard the data.The AGENCY will take reasonable
measures to prevent or correct system trouble with any portion ofthe system "under their control". If the
AGENCY determines any system trouble to be under A control, it will notify and work with the proper
ADOT representative.
13. Develop a process for forms development in conjunction with AGENCY.
14. Be the sole contractor and sole contact agency with Technology Enterprise Group, approved vendor of Iowa
TraCS.
B.AGENCY SHALL:
1. Not distribute, license, lease or sell, whole or part, AzTraCS to any other entity. This agreement is only for
the use of AzTraCS by the AGENCY.
2. Not use any part of AzTraCS with any othera plication software without prior written approval from ADOT.
3. Not alter the state provided form(s) and AzTraCS database in any way without express written approval
from ADOT.
4. Not introduce custom system enhancements during the AGENCY implementation phase,
5. Coordinate the use of AzTraCS with local courts.
& Designate two AGENCY contacts (one sworn and one IT staff) for: problem resolution, transmission issues,
training "train-the-trainer"); and to make appropriate personnel available for training.
7. Provide feedback to A on request, including copies of all collected data and other essential data files.
This data will only be used by A for research,testing,debugging and development purposes, and will not
be released tote general public.
8. Participate in the electronic transfer of data, via the XML Electronic Incident Data Submission (EIDS)
capabilities built into AzTraCS.This data will then be transferred to ADOT,AOC,etc.for processing.
9, Notify ADOT of any newly developed AGENCY forms and to share such forms with A upon request.
10. Deploy data file updates, as well as any new AzTraCS software releases within 30 days of receipt.
11. Supply, configure, administer and provide first-line support for all hardware (such as laptops, server,
barcode scanners and printers), central-site database and secure network connectivity enabling the use of
AzTraCS and/or XIVIL EIDS,
12, Manage,support and ensure security is properly implemented within AzTraCS.
13. Provide ADOT with a software viewer for any diagramming tool software employed with AzTraCS.
14. Adhere to State data classification and handling policies and standards.
15. Maintain a current A Data Access/Exchange Agreement.
16. Provide all necessary software and all necessary hardware including servers, workstations, laptops and
peripherals prior to the start of the project.
Rev.05/2019 Page 3 of 7
DocuSign Envelope ID:531 EC678-658A-4BB1-AA90-92C346F30E44
17. Maintain all parts of AzTraCS under AGENCY's control. The portion of the system "under Agency control"
includes:
a. The hardware and operating system associated with the in-vehicle equipment.
b. The hardware, database and operating system associated with the central-site AzTraCS computer.
c. Backup&restoration of all system and crash data.
"Maintenance" means support, upkeep, repair and periodic duplication or "back-up" of records in order to
safeguard the data. The AGENCY will take reasonable measures to prevent or correct system trouble with
any portion oft e system"under their control". If the AGENCY determines any system trouble to be
under state control,it will notify and or with the proper state representative.
18. AGENCY shall provide ones orn member and one IT staff to sit on the TraCS forms committee and attend
quarterly user's group meetings.
C. EFFECTIVE DATE
1. This Agreement will become effective upon proper execution and will remain in effect for the duration of
the program, unless sooner terminated in accordance with the provisions of this Agreement.
D.AMENDMENT AND TERMINATION
1 This Agreement constitutes the entire agreement between the parties hereto with respect to the subject
matter hereof and shall supersede all previous negotiations, comments and writings, It shall not be released,
discharged, changed or modified except by an instrument in writing signed by a duly authorized
representative of each of the parties.
2. Any Amendment to this Agreement shall be in writing ands all be signed by both parties.
3. Either party may terminate this Agreement for failure, by the other party, to perform the duties ofthe
Agreement, following issuance of a fifteen day written, notification of default and a thirty day advance
written notice of termination. Both parties to the Agreement shall make a reasonable effort to resolve the
default or claim of default,prior to issuance of the termination notice.
a. This Sublicense automatically terminates at the termination of the Master Agreement between
A and IDOT. If automatic termination occurs, AGENCY will be provided a 45 day period to cease
any and all use of the Licensed Software("Phase Out Period").
b At the end of the Phase Out Period, AGENCY shall immediately stop using the Licensed Software and
promptly return to ADOT all copies of the Licensed Software or certify that all copies have been
destroyed.
4. Pursuant to A.R.S. § 38-511, ADOT may cancel this Agreement without penalty or further obligation in the
event any person significantly involved in initiating, negotiating, securing, drafting or creating the
Agreement on behalf of A is, or becomes at any time while the Agreement or an extension or renewal of
the Agreement is in effect, an employee of or a consultant to any party to this Agreement with respect to
the subject matter of the Agreement,The cancellation shall be effective when the AGENCY receives written
notice of the cancellation unless the notice specifies a later time. A may, by written notice to the
AGENCY, immediately terminate this Agreement if A determines that employment or a gratuity was
offered or given by AGENCY or any agent or representative of AGENCY to any officer oremployee of A
forte purpose of influencing the securing of the Agreement, an amendment of the Agreement, or
favorable treatment concerning the Agreement, including the making of any determination or decision
regarding Agreement performance.
Rev.05/2019 Page 4 of 7
DocuSign Envelope ID:531 EC678-658A4BBI-AA90-92C346F3OE44
5 ADOT may cancel this Agreement without penalty or further obligation in the event adequate funding is no
longer available.The cancellation shall beeffective when AGENCY receives written notice of the cancellation
unless the notice specifies a later time.
E. MISCELLANEOUS
1. The AGENCY acknowledges that the Licensed Software contains Intellectual Property belonging to the Iowa
Department of Transportation, and that access to this Intellectual Property is conditioned upon the terms
and conditions of this Sublicense. Intellectual Property includes any and all registered and unregistered
rights granted, applied for or otherwise now or hereafter in existence under or related to any patent,
copyright, trademark, trade secret, database protection or other intellectual property rights laws, and all
similar or equivalent rights or forms of protection in any part of the world ("Intellectual Property"), Such
Intellectual Property is entrusted to the AGENCY for use as expressly authorized under this Sublicense. To
the extent the Intellectual Property is confidential or proprietary; AGENCY shall hold said Intellectual
Property in confidence. Under no circumstances shall AGENCY, among other infringing acts, clecompile,
reverse engineer, or "unlock" (as the term is generally used in the industry) any part of the Licensed
Software.AGENCY shall not modify or tamper with the Licensed Software source or object code,Any and all
use of the Licensed Software shall be in accordance with the various marking provisions required by the
Patent,Trademark and Copyright Act.
2. The Licensed Software is provided "as is" and without any warranty of any kind,express or implied, including
but not limited to, warranties of non-infringement, performance, merchantability, or fitness for a particular
purpose.
3. In no event shall the Iowa Department of Transportation or A be liable for any damages whatsoever
(including, without limitation, indirect, incidental, special or consequential damages including to profits,
business interruption, loss of information, or other loss) arising out ofthis Sublicense or AGENCY's use or
inability to use the Licensed Software.
4. For those agencies receiving Highway Safety Improvement Program (Hi ) funding through A for
AzTraCS deployment,see attachment"A","Additional Requirements for HSIP Funded Agencies".
5. AGENCY shall comply with Executive Order 99-4, which mandates that all persons, regardless of race, color,
religion, sex, age, national origin or political affiliation, shall have equal access toemployment opportunities
and all other applicable State and Federal employment laws, rules, and regulations, including the Americans
with Disabilities Act. AGENCY shall take affirmative action to ensure that applicants for employment and
employees are not discriminated against due to race,creed,color, religion,sex, national origin or disability.
SECTION 11, PROJECT IMPLEMENTATION
1. Phase 1-Pre-implementation Planning Meeting:
a. ADOT and AGENCY personnel (both or and IT)will hold a project kickoff meeting to:
i. Establish key roles and responsibilities
ii. Agency PM/A PM
iii. Functional Leads Agency/ADOT
iv. Technical Leads Agency/ADOT
V. Process Refinement
vi. Analyze current process/system environments
vii. Establish user requirements
viii. Establish application requirements
ix, Establish Project Timeline
2. Phase 2 -Application Administration/SME Training:
Rev.05/2019 Page 5 of 7
DocuSign Envelope ID:531 EC678-658A-4BB1-AA90-92C346F30E44
a. The AGENCY SME and IT must review all AzTraCS Documentation to gain a general understanding of
the platform,features and available configuration options.
b. The AGENCY SME and IT will gather user requirements and identify the AzTraC5 user base.
c. The AGENCY IT will design the AzTraCS environment based on the AGENCY'S requirements.
d. A IT will provide training on the AzTraCS Configuration Manager, ADOT Utilities and Database
Administration.
3. Phase 3 -Installation/Initial Configuration:
a. The AGENCY IT will install and configure the database server for AzTraCS.
b. The AGENCY IT will install and configure the AzTraC5 Master workstation,
c. The AGENCY IT will install and configure peripheral devices that they supply and desire to use (B/C
scanners, printers, GPS,etc...)
d. The AGENCY IT will install and configure at least one AzTraCS regular workstation
e. The AGENCY IT will configure AzTraCS Transmission Utility interfaces to ADOT, AOC, and any other
services required by the agency(RMS,etc...)
4. Phase 4-Use Acceptance Testing(UAT):
a. The AGENCY IT and ADOT IT will participate in end-to-end testing of the AzTraCS configuration.
b. of the AGENCY IT and A IT will signoff that the AzTraCS system is configured properly and
ready to proceed to the next phase.
5. Phase 5—End User Training:
a. As referenced in #6 on page 4, A will offer one "train the trainer' type training session, which
will be held at an agreed upon site not to exceed two days in length. This will be an in-depth,
technical training session, which should be attended by members of the AGENCY staff, to include
law enforcement personnel who will be using the AzTraCS program and those designated to serve in
the roles of system administrators,trainers, installers and supporters.
6. Phase 6—Rollout:
a. ADOT IT will assist the AGENCY IT with the installation and configuration of additional TraCs
workstations.
b. A IT will assist the AGENCY IT or SME will create initial users accounts.
7. Phase 7-Ongoing Support :
a. The AGENCY IT or the SME will manage user access(new users,change existing,etc...
b. The AGENCY SME will provide first level support.
c. The AGENCY IT will provide second level support for issues not resolved by the SM E.
d. The AGENCY IT or SME will then forward any unresolved AzTraCS Application issues to ADOT.
e. A IT Support will:
I. Address those AzTraCS application issues that cannot be resolved by the AGENCY SME and
IT staff.
ii. Escalate any requests that cannot be resolved by A IT to the National TraCS Support
HL Acknowledge and assign a support ticket for requests received via
AZTragaaugportj2azdot.goy or called in Toll Free at 1-833 458-7227.
iv. Support Issues will be addressed within:
1. 24 hours for issues impacting production environment
2. 5 business days for issues impacting test/development environment
Rev.05/2019 Page 6 of 7
DocuSign Envelope ID:531EC678-65 A ES1® 0-92 346F30E44
SECTIONI
IN WITNESS THEREOF,the parties hereto agree to carry out the terms of this Agreement.
Arizonat of Transportation Agency
Signature of Authorized Individual Signature of Authorized Individual
Steve West Thomas . Kelly
Typed Name Typed Name
Chief Information Officer Chief of Police
Title Title
Date of Signature ®ate of Signature
Approved s to forAttest:
Signature of Authorized Individual Signature of Authorized Individual
Typed a e Typed Name
Title Title
Date of Signature Date of Signature
SECTIONIV. POINTS OF CONTACT
AQOT Primary. ADOT SqgMdary:
Tim Jordan Trey Crane
TraCS ProjectManager TraCS IT Support Supervisor
1615 W.Jackson Street, MD 064R 3565S. Broadmont®rive
Phoenix,AZ 85009Tucson®AZ 85713
Email:tiordan az ot.gov ail:gcrane@azdot.gov
Phone: -71 -77 Phone: - - 71
AGENCY i Secondary:
ArnoldFreeman Cris Caswell
Captain Crime Analyst
1001 . Idaho Road 1001 N. Idaho Road
Apache Junction,AZ 85119Apache Junction,AZ 85119
Email:afree an icity.net ail: ccaswell@aiciV.net
Phone: 0-47 - Phone:4 - 74
Rev.05/2019 Page 7 of 7