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HomeMy WebLinkAbout05995 - CROSSROADS SOFTWARE INC HANDHELD TRAFFIC CITATION & COLLISION REPORTING SYSTEM Kathie Hart To: Dennis Graham Cc: Paul Abshire; Walter Combs;Carolyn Notte; Melissa Desmarais Subject: RE:A5995-Crossroad Software Thank You! O Kathie Hart, MMC Chief Deputy City Clerk %' 2* City of Palm Springs tW(760)323-8206 3200E Tahquitz Canyon Way &(760)322-8332 Palm Springs, CA92262 ®Kathie.Hart@PalmSprrngsCA•aa Please note that City Hall is open 8 a.m. to 6 pm,. Monday through Thursday,and closed on Fridays at this time. From: Dennis Graham Sent: Tuesday, August 05, 2014 10:33 AM To: Kathie Hart Cc: Paul Abshire; Walter Combs; Carolyn Notte; Melissa Desmarais Subject: RE: A5995 - Crossroad Software Works for us. Dennis From: Kathie Hart _ Sent: Tuesday, August 05, 2014 10:28 AM To: Dennis Graham Cc: Paul Abshire; Walter Combs; Carolyn Notte; Melissa Desmarais Subject: RE: A5995 - Crossroad Software Thank you for your help. Since the agreement has not been amended for annual renewals, I will consider this done by purchase order and close the agreement file. I do not have any documentation stating the original agreement has been extended beyond the initial 2 year period. OK? Kathie Hart. MMC Chief Deputy City Clerk City of Palm Springs 211'(760)323-8206 3200 E. Tahquitz Canyon Way J (760)322-8332 Palm Springs, CA 92262 ®Kathie.Hart@PalmSpringsCA.gov Please note that City Hall is open 8 a.m. to 6 pin,. Monday through Thursday,and closed on Fridays at this time. From: Dennis Graham Sent: Tuesday, August 05, 2014 10:06 AM To: Kathie Hart 1 Cc: Paul Abshire (Paul.Abshire0oalmsprings-ca.gov); 'Walt Combs (Walter.Combs@oalmsprings-ca.ci )'; Carolyn Notte; Melissa Desmarais Subject: RE: A5995 - Crossroad Software Good morning Kathie, According to Paul Abshire who was the Traffic Sergeant at that time, their maintenance and support expired about 2 years ago. He said we renewed with them about a year or year-and-a-half ago on an annual basis. Hope that helps you. Dennis III From: Dennis Graham _ Sent: Tuesday, August 05, 2014 9:58 AM To: Melissa Desmarais Cc: Paul Abshire (Paul.Abshire0oalmsprings-ca.gov); Walt Combs (Walter.Combs(&palmsprings ca.gov); Carolyn Notte Subject: FW: A5995 - Crossroad Software Can one of you answer this? Council action was four years ago. Thanks, Captain Graham From: Kathie Hart Sent: Tuesday, August 05, 2014 9:53 AM To: Dennis Graham Subject: A5995 - Crossroad Software Dennis: This is for the purchase of citation issuing equipment and two years maintenance and support, approved by the City Council in July 2010. Has the maintenance and support been continuing If yes,they are continuing to provide us with maintenance and support, is this done by purchase order only? If not may I close this agreement file. Please let me know. Thank you. Kathie Hart, MMC Chief Deputy City Clerk City of Palm Springs (760)323-8206 3200 E Tahquitz Canyon Way 44 (760)322-8332 Palm Springs, CA 92262 P;7kathie.14art&Pa1m5pr1nosC4.9ov Please note that City Halt is open 8 a.m. to 6 pm,. Monday through Thursday, and closed on Fridays at this time. 2 AGREEMENT FOR CONSULTANT SERVICES This Agreement, entered into this _E�ay of 2010, by and between the CITY OF PALM SPRINGS (hereinafter referred to as "Cit ') and Crossroads Software, Inc. a California Corporation, (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to provide a Handheld Traffic Citation and Collision Reporting System; and WHEREAS, Consultant is a(n) _ Computer Software consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "B" entitled "Scope of Services," attached hereto and made a part hereof. In the event of any inconsistency between the terms contained in Exhibit "B" and the terms set forth in the main body of this Agreement, the terms set forth in the main body of this Agreement shall govern. 2. Compensation and Reimbursement. City shall compensate Consultant in accordance with Exhibit "A" entitled "Cost of Proposals," attached hereto and made a part hereof. Consultant shal be paid a total not-to-exceed fee of $64,160.47, for tasks including, but not limited to, Project Organization, Database Software which includes data input, data verification, reports and queries, collision diagrams, a traffic counts management program, and traffic citation statistics, GIS Collision Mapping Software and Implementation, Handheld Traffic Report Writing System, and Training and Support. Consultant shall submit invoices no more frequently than monthly. Invoices shall include a summaryof work performed for the period being billed, percentage of work completed for each task, and overall percentage of work completed for services as identified in the Scope of Services. All work completed under this Agreement must be invoiced no later than September 30, 2010. 720783.1 -1- 3. Term of Agreement. This Agreement shall be effective from the period commencing , 2010 and ending September 30, 2010 unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. 5. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 15-day written notice to Consultant. During said 15-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 6. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 6, however, shall not apply to any part of the information that (1) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. In the event of termination of this Agreement, Consultant agrees that it shall return any confidential information which was provided by City, in the event such information is in a format that makes it feasible to return same to City, or destroy such material if not returnable. 720783.1 _2_ 7. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 8. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 9. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working.for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee 10. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest ordinance. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. Consultant shall comply with all of the reporting requirements of the Political Reform Act and local ordinance. Specifically, Consultant shall file Statements of Economic Interest with the City Clerk of the City in a timely manner on forms which Consultant shall obtain from the City Clerk. 11. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 720783.1 _3 12. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 13. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 14. Licenses,_Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that is legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 15. Consultant's Insurance. 1. Policies: Consultant shall obtain and maintain during the entire term of this Agreement the following insurance policies from companies authorized to issue insurance in the State of California: (a). Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, bodily injury, and blanket contractual liability with the following coverage's: General Liability $1,000,000 per person per occurrence; $1,000,000 annual aggregate combined; $1,000,000 property damage or bodily injury per occurrence; Cross-liability exclusions prohibited (b). Automobile Liability, including owned, hired, and non-owned vehicles with the following insurance coverage's: 720783.1 4- Auto Liability $1,000,000 per person per occurrence; $1,000,000 annual aggregate combined; $1,000,000 property damage or bodily injury per occurrence; Cross-liability exclusions prohibited (c) Workers' Compensation insurance in amounts in accordance with statutory requirements. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) The City, its officers, officials, employees and agents shall be named as an additional insured on the general liability and automobile liability policies. (b) Notice. "Said policy shall not terminate, nor shall it be canceled or reduced in coverage, without thirty(30) days' written notice to the City of Palm Springs." (c) Prima Coverage. "The policy provides primary coverage to to the City of Palm Springs and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by the City of Palm Springs." 16. Insurance Certificates: Consultant shall provide with certificates of insurance and accompanying endorsements showing the insurance coverage's described in the paragraphs above, in a form and content approved by the City, prior to beginning work under this Agreement 17. Liability. Notwithstanding any other provision contained in this Agreement, Consultant shall be responsible for all injuries to persons and for all damage to real or personal property of City or others, to the extent caused by or resulting from the wrongful act or negligent acts, errors, or omissions of itself, its employees, or its agents during the progress of, or in connection with, the rendition of services hereunder. Consultant shall hold harmless and indemnify City, the Palm Springs Redevelopment 720783.1 -5- Agency and their elected and appointed boards, officers, agents and employees from all costs and claims for damages to real or personal property, or personal injury to any third party, including reasonable attorney fees resulting from the negligent performance of Consultant, its employees, or its agents, under this Agreement. 18. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 19. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to City Projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 20. Notices. All notices, billings and payments which are required or permitted to be made hereunder shall be in writing and shall be sent by personal delivery; first-class mail, return receipt requested; overnight or express mail service; or facsimile. Notices shall be deemed to have been received: upon delivery if personally delivered; seventy- two (72) hours after deposit in the U.S. Mail; on the day of transmission via facsimile unless sent after business hours and in that event, on the next business day. Notices may be sent to the following addresses; the parties may deliver notice of change of address or delivery information in the manner outlined in this Section 20. City (original): City of Palm Springs Attn: Purchasing Manager 200 South Civic Drive Palm Springs, CA. 92262 (760) 323-8204 City (copy): Palm Springs Police Department 200 South Civic Drive Palm Springs, CA 92262 (760) 323-8116 720783.1 -6- Consultant: Crossroads Software, Inc. 201 W. Birch Street Suite #207 Brea, CA 92821 Attn: Jeff Cullen (714) 990-6433 Facsimile: (714) 990-5628 20. Conflict Resolution. In the event of a dispute between City and Consultant concerning the terms of this Agreement or its performance, the parties agree to submit such dispute to arbitration before the American Arbitration Association or other mutually acceptable arbitrator. In the event that the subject of such arbitration is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 15-day period for which Consultant would have been entitled to receive compensation if terminated without cause. In the event of arbitration, each party shall bear its own attorneys' fees and costs incurred. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Exhibits. All Exhibits referenced in this Agreement, and each of them, are incorporated into this document as though set forth in full at this point. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. 720783.1 -7- IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CONSULTANT By: L�`�SS r� e �� � •a 1L. A(n) c-k &ydn . Csf�rrw �,o� APPR S TO FO�,M , City Attorney Printed Name: Title: C-t-0 Approved By i y Manager APPROVED BY CIIY COUNd JIL L( Con 'act App oval Date AT EST: 1 ,,- ty Clerk �c8lZald -8- Exhibit A Cost Proposals Crossroads Software, Inc. for a Handheld Traffic Citation and Collision Report Writing System for the City of Palm Springs Cost .Proposal Crossroads Software 210 W. Birch Street, Suite 207 For: Brea, CA 92821 Palm Springs Police Department Number: CP 09-1_S Item.No Item Description. Quantity Price Taxable Amount 1 Citation Software for Handheld 1 $15,000.00 No $15,000.00 2 Collision Report Software for Handheld 1 $15,000.00 No $15,000.00 3 Sync Software and Export Software 1 $1,200.00 No $1,200.00 4 Court Transmission Software 1 $2,200.00 No $2,200.00 5 Interface to Output Records to RMS System 1 $1,500.00 No $1,500.00 (Cyrun Alliance RMS) 6 Symbol MC75A Handheld w/Aircard (213 6 $2,350.00 Yes $14,100.00 Barcode/Camera, WLAN QWERTY, Bluetooth) 7 Symbol MC75A Mag Stripe Reader 6 $190.00 Yes $1,140.00 8 Symbol MC75A Charger/Cradle Kit 6 $155.00 Yes $930.00 9 Zebra RW 420 Bluetooth Printer WO Mag Stripe 6 $725.00 Yes $4,350.00 Reader 10 Zebra Printer Wall Charger 6 $85.00 Yes $510.00 11 Printer Paper per roll (50 cites/roll)(36 144 $4.00 Yes $576.00 rolls/case) 12 Training and Installation (two training sessions 1 $1,200.00 No $1,200.00 -four hours each) 13 Two Years Maintenance and Support 1 $2,000.00 No $2,000.00 Item No Item Description Quantity Price Taxable Amount 14 Agency Discount 1 ($12,216.06) No ($12,216.06) Sub Total $47,489.94 Sales Tax 8.75% on $21,606.00 1�8 Total 49$ ,380.47 Cost Proposal Crossroads Software 210 W. Birch Street, Suite 207 For: Brea, CA 92821 Palm Springs Police Department Number: CP 09-14 Item No Item Description Quantity Price Taxable Amount 1 Collision Database System (Second Site 1 $5,340.00 No $5,340.00 License for Police Department) 2 GIS Collision Mapping Module (Second Site 1 $2,940.00 No $2,940.00 License for Police Department) 3 Review and edit a GIS centerline map of the 1 $1,800.00 No $1,800.00 City 4 Upgrade to Latest Version of Collision 1 $2,900.00 No $2,900.00 Database System for Traffic Eng. Dept. (including conversion and verification of 5 5 Laptop(555 Collision Form) input module 1 $0.00 No $0.00 6 Training and Installation (two training sessions 1 $1,800.00 No $1,800.00 -six hours each) Sub Total 14$ ,780.00 Sales Tax 8.75% on $0.00 $0.00 Total $14,780.00 Exhibit B Scope of Services Crossroads Software, Inc. for a Handheld Traffic Citation and Collision Report Writing System for the City of Palm Springs Table of Contents Page Number 1.1 Project Overview 3 1.2 Project Deliverables 3 1.3 Software License Provisions 4 1.3.1 Crossroads Software, Inc. 4 1.3.2 Term of the License 4 1.4 Project Management and Implementation Services 4 1.4.1 Responsibilities of the City 5 1.4.2 Responsibilities of Crossroads Software, Inc. 5 1.4.3 Change Orders 6 1.4.4 Resolution of Disputes 6 1.4.5 System Acceptance 6 1.5 Warranty, Maintenance, and System Support 9 1.5.1 Software Warranty and Maintenance Plan 9 1.5.2 Maintenance Plan 9 1.6 Training 9 1.6.1 Handheld Citations & Syncing—End User Training 9 1.6.4 System Maintenance and Administration Training 9 2 7.1 Project Overview The scope of this Statement of Work is to set out the milestones, deliverables and responsibilities required to provide to the City of Palm Springs hereinafter called "City," and Crossroads Software, Inc., hereinafter called "Consultant" with a fully operational automated mobile handheld traffic citation and traffic collision report writing and analysis system. The Consultant will provide software that allows the transmission of traffic citation data to the police records management system. The Consultant will provide software that permits the transmission of citation data to the Traffic Court System. Data will have the ability to be off loaded via cradle sync connection to the Crossroads Database system. The software shall meet all current State of California legislative mandates related to traffic citations and California Court Systems electronic filings and data integration standards as well as being upgradeable to meet future mandates within the timeframe allowed by the governing bodies. 1.2 Project Deliverables Crossroads Software Inc. is supplying the following and they will provide the most recent version of software at the time of delivery. Figure 1: Project Deliverables Collision Database System 1 site license Installation Handheld Hardware: Motorola S mbol MC75A 6 devices Motorola MC75A Cradle & Char er 6 devices Motorola Mao Stripe Reader for MC75A 6 devices Zebra RW 420 Bluetooth Printer and charger 6 devices ea 3 Printer Paper 144 rolls Crossroads Software, Inc. will provide a complete Automated Mobile Handheld Traffic Citation Writing and Collision Reporting System to the City of Palm Springs. This SYSTEM will include software for electronic citations that offers efficient input of violation and violator data among other information; electronic signature capture; driver license magnetic stripe reading; and have a modular design to allow for future upgrades and modification. 1.3 Software License Provisions 1.3.1 Crossroads So fhvare, Inc. Crossroads Software, Inc. hereby grants to the City one (1) site license for handheld citation software, (1) Collision Database System site license and one (1) court transmission software license. The LICENSED SOFTWARE allows the City to use the software on multiple computers located in a single office or department within a contiguous site, or multiple offices, departments and sites. The LICENSED SOFTWARE entitles the City to one copy of the software in machine-readable form for backup purposes only. 1.3.2 Term of the License This license is effective until terminated. The City may terminate this license at any time by destroying the LICENSED SOFTWARE and related documentation and all copies thereof. If the City fails to comply with any provisions of the LICENSED SOFTWARE AGREEMENT (Exhibit D), Crossroads Software, Inc. must give thirty days notice to the City that they have failed to comply with any provisions of the LICENSED SOFTWARE AGREEMENT. Upon termination of the LICENSED SOFTWARE AGREEMENT the non-compliant LICENSEE must destroy the software and related documentation and all copies thereof. 1.4 Project Management and Implementation Services The City's project manager for the implementation of the City of Palm Springs Handheld Traffic Citation System is Sgt. Abe Tokier, Palm Springs Police Department. The City's project manager shall be responsible for review, analysis, 4 and acceptance of Crossroad Software, Inc.'s performance and the coordination of project personnel, equipment, vehicles and facilities and may issue all consents, approvals, directives and agreement on behalf of the City called for by this agreement except as otherwise expressly provided. Jeff Cullen, Crossroads Software Inc. is the project manager for Crossroads Software, Inc. He will be directly responsible for the administration and technical direction of Crossroads Software, Inc.'s project activities to include project management, installation, implementation, support services, software development and SYSTEM setup. Crossroads Software will have access to communicate with the City project manager to coordinate the execution of the project. 1.4.1 Responvibilities of'the City The specific duties of the City in the implementation of the Palm Springs Handheld Traffic Reporting System are: 1.4.1.1 Provide the Consultant with access to the City for installation 1.4.1.2 Provide traffic citation, documents and sample forms 1.4.1.3 Provide court information such as name, addresses, schedules, etc. 1.4.1.4 Establish a workstation with a VPN or `Logmein' connection, with network access to the data server 1.4.1.5 Review and approve screen layouts and forms 1.4.1.6 Review, evaluate and field test each installed module prior to acceptance 1.4.1.7 Facilitate the implementation of the interface with the Riverside County Superior Court's database system. 1.4.1.8 Provide a training facility. L4.2 Responsibilities of'Crossroads.Software, Inc. The responsibilities of the project manager will include acting as a primary contact for departmental personnel, scheduling for installation and training, overseeing installation and training, troubleshooting, and any other functions requiring implementing the Crossroads Software, Inc.'s software at the participating agency sites. The specific duties of the Crossroads Software, Inc. in the implementation of the Palm Springs Handheld Traffic Citation System are: 1.4.2.1 Create handheld citation forms customized to the department 1.4.2.1.1 Develop and test citation sync module 5 1.4.2.1.2 Create and install citation handheld software package 1.4.2.1.3 Provide citation training and deliver module documentation. 1.4.2.2 Contact the City's RMS vendor and receive the compatible exchange file format for transferring data from the Crossroads Software system to the RMS system. 1.4.2.2.1 Develop and test exchange file and data transfer from the Citation module exported to the RMS system. 1.4.2.2.2 Provide data interface training and documentation 1.4.2.3 Contact California Superior Court— Riverside County court database vendor and receive the compatible exchange file format for transferring data from the Crossroads Software system to the court's database management system. 1.4.2.3.1 Develop and test exchange file and data transfer from Citation module exported to the court's data base system. 1.4.2.3.2 Provide data interface training and documentation 1.4.3 Change Orders Either party may request changes to the Statement of Work at any time. Since a change could affect price, schedule or other terms, the project managers must mutually agree in writing to approve each change before amending this Statement of Work. When Crossroads Software, Inc.'s price or completion schedule is affected, the contract shall be amended accordingly in writing with a CHANGE ORDER and incorporated into the Statement of Work. .1.4.4 Resolution of Disputes The City and Consultant will exercise their best efforts to promptly negotiate and settle any controversy or claim arising out of or in connection with the AGREEMENT. The parties agree to first to meet in a timely manner in order to reach a resolution. In the event that any dispute cannot be so settled, it shall be settled by arbitration administered by the American Arbitration Association. The decision in writing of the Arbitrator appointed by the American Arbitration Association shall not be binding on the parties. 1.4 S Systeno Acceptance System acceptance will occur in the following phases after training and functional system tests: • Certification of handheld citation system. • Certification of data transfer and integration from Crossroads Software handheld citation module exported to the RIMS system 6 • Certification of output of a citation data exchange file from the Crossroads Software system for input into the court's database management system • Final Total System Acceptance Each functional attribute of the software, including system software, operating system, utilities, interfaces, system administration procedures will be tested. The Consultant will verify that all transactions with external systems are performing as specified. Within fourteen(14) days after completion of functional systems testing, the Consultant shall provide a written report to document completion of the test and to indicate test results, problems, solutions and a schedule to implement such solutions. 1.4.5.1 Functional Testing—Handheld Citation and Collision Software After installing each system software module (handheld citation) and performing appropriate diagnostic tests, Crossroads Software, Inc., will certify to the City of Palm Springs that automated mobile traffic report system is functioning correctly. The City of Palm Springs will request specific demonstrations of the mobile traffic system readiness. Functional testing by the end users will start after the users have been trained and the software is in a live environment. The testing period will be fourteen(14) days for each software module. Functional testing will include field- testing, syncing by cradle in field printing, and printing at the desktop. 1.4.5.2 Functional Testing—Data Integration to RMS Upon completion of traffic data integration with the RMS System, and training of participating personnel, the Consultant will certify that the traffic data integration to the RMS database is ready for acceptance. The Consultant will be required to demonstrate all system functions to the City of Palm Springs's satisfaction. Functional testing by the end users will start after the users have been trained and the software is in a live environment. The testing period will be fourteen (14) days for each software module. Functional testing by the City shall include exporting Crossroads Software modules to the RMS both in a test and live 7 environment. Any problems found during this demonstration will be immediately corrected by the Consultant after which time the City of Palm Springs will verify the corrections have been made and accept the data integration phase. 1.4.5.3 Functional Testing—Data Integration to California Superior Court— Riverside County Database Management System The Consultant will create an export file for the traffic citation data integration with the California Superior Court—Riverside County, case management system. Upon completion of the traffic data integration with the court's system, perfonning appropriate tests and upon training the court staff on its use, the Consultant will certify to the City of Palm Springs that the data integration to the court is completed. California Superior Court—Riverside County project personnel will test the interface for fourteen(14) days to determine if the traffic records are being exported and delivered as defined. 1.4.5.4 Final System Performance Testing The Consultant and City will then perform final system performance testing. Crossroads Software, Inc. will perform a functionality test that will ensure the functional operation of the software, the handheld units, printers, and other equipment and the syncing and data transfer interfaces. Upon completion of the final total system testing, the consultant will certify that the SYSTEM has passed the final system test criteria. Final system test criteria include: • Functionality System Test (software, hardware, and interfaces) • Reliability Test (system"uptime") • Performance Test (data input, searches, report generation, response time) The Consultant shall provide written certification to the City's project manager that the installation, training, and testing phase of the contract has been fully completed and all requirements have been met. 8 1.5 Warranty, Maintenance, and System Support 1.S.1 Software Warranty and Maintenance Plan Crossroads Software, Inc., will provide the City and participating agencies receiving the LICENSED SOFTWARE technical support, maintenance and upgrades at no additional charge for one year from the date of final system acceptance as defined herein. Standard technical support consists of telephone, email and online support from 08:00 A.M. to 5:00 P.M, Monday through Friday PST. 1.5.Z Maintenance Plan Support, maintenance and upgrades for each additional year beyond the first year are $1,500 per year. 1.6 Training The following training is provided by Crossroads Software, Inc. as part of the purchase of the SYSTEM. 1.6.1 Handheld Citations & Syncing—End User Training Crossroads Software, Inc., will provide the City with four hours of training per class. This session will deal with the use of handheld units and the writing of citations. One training sessions will be conducted at the Palm Springs Police Department. 1.6.2 Hazzdlzeld Collision Report Writiizg—Fzzd User Traizzizzg Crossroads Software, Inc., will provide the City with four hours of training per class. This session will deal with the use of handheld units and the writing of collision reports, along with training for analysis (queries and reports) of collision and citation data.. One training sessions will be conducted at the Palm Springs Police Department. L 6.3 System Maintenance and Adnzinistration Training Crossroads Software, Inc., will provide administration and system maintenance training to a designated group of system support staff assigned to the project at Palm Springs Police Department. 9 Exhibit C Crossroads Software Handheld Citation and Collisoin Project for The City of Palm Springs Project Schedule Project Start 0 Weeks Delivery, Installation and Training of the Handheld Citation and Collision System 4 Weeks Court Transmission Software 4 Weeks Interface to RMS 6 Weeks Crossroads 210 W.Birch Street, Suite 207,Brea, CA 92821 (714)990-6433 Software Exhibit D Crossroads Software Software License Agreement The software accompanying this License, whether on disk, in read only memory, or on any other media (the "Software") and related documentation are licensed by Crossroads Software, Incorporated. You own the disk on which the Software is recorded and Crossroads Software retains title to the software and related documentation. This License allows you to use the Software on multiple computers located in a single office or department within a contiguous site (or multiple offices, departments and sites) as further described in your purchase agreement, purchase order and/or contract. It also entitles the holder one copy of the Software in machine-readable form for backup purposes only. You must reproduce a copy the Crossroads Software copyright notice and any other proprietary legends that were on the original copies of the Software. You may also transfer all your license rights in the Software to another party, provided the other party reads and agrees to accept the terms and conditions of this license. The Software contains copyrighted material, trade secrets and other proprietary material and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to human-perceivable form. You may not modify, rent, lease, loan, distribute or create derivative works based upon the Software in whole or in part. This license is effective until terminated. You may terminate this license at any time by destroying the Software and related documentation and all copies thereof. This license will terminate immediately without notice from Crossroads Software if you fail to comply with any provisions of this license. Upon termination you must destroy the Software and related documentation and all copies thereof. This Software is protected by United States Copyright Law and international treaty provisions. This license agreement shall be construed, interpreted and governed by the laws of the State of California. (Copyright 1992-2010)