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Home My WebLink About6.p. Automated Pawn System (APS) Service and Software License Agreement} CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: December 16, 2003 The Council is asked to authorize the execution of an agreement with the City of Minneapolis to allow the Rosemount Police Department access to the Automated Pawn System Service operated by the Minneapolis Police Department. This service has been operational for several years and has proven to be effective in assisting police in investigating crimes and recovering stolen property. Rosemount's officers have utilized the system in recent years by traveling to neighboring agencies that have the APS service. Because Rosemount does not have any pawnshops located within the city at this time, the agreement is only to allow for the query of data in the system. There is a set up fee for the system of $240, which includes training, and an on -going operational cost of $36 per month. These costs have been included in the Police Department budget. RECOMMENDED ACTION: Motion to approve the Automated Pawn System Service and Software License Agreement and authorizing the mayor and chief of police to execute the agreement. COUNCIL ACTION: AGENDA ITEM: Automated Pawn System (APS) Service and AGENDA SECTION: Software License Agreement CONSENT PREPARED BY: Gary D. Kalstabakken, Chief of Police -- f °1. AGEN # 6 ATTACHMENTS: Agreement APPROVED BY: 1f AUTOMATED PAWN SYSTEM (APS) SERVICE AND SOFTWARE LICENSE AGREEMENT This Agreement is made and entered into this day of by and between the City of Minneapolis, a municipal corporation in the County of Hennepin, State of Minnesota, hereinafter referred to as City of Minneapolis or Licensor; and the City of Rosemount, a municipal corporation in the County of Dakota, State of Minnesota, hereafter referred to as the City of Rosemount or Licensee. WHEREAS: The Minneapolis Police Department utilizes a computerized pawn shop records system (APS Service or AUTOMATED PAWN SYSTEM Service); and WHEREAS: Licensee desires to take advantage of the APS Service developed and maintained by the Minneapolis Police Department; NOW, THEREFORE, in consideration of the convenants contained herein, the parties agree as follows: ARTICLE I: Definitions Terms defined in this Article I, and parenthetically elsewhere, shall throughout the Agreement have the meanings here provided.. Defined terms may be used in the singular or plural. "Agreement" means this Agreement and its Schedules and Exhibits, which are incorporated in, and form an integral part of, this Agreement. "APS SERVICE" and "AUTOMATED PAWN SYSTEM SERVICE" refers to the proprietary pawn shop identification and tracking system developed by the City of Minneapolis including software, documentation, and enhancements. The Automated Pawn Service System consists of computing services, information - related services, software, information and other content provided by the City of Minneapolis, as well as access to APS content provided by parties other than the City of Minneapolis (collectively "Acquired Material'). "Content" means pawn shop transaction records; data and information available on the APS Service. "Data Contributing Licensee" means any Licensee which licenses and regulates pawnbrokers or secondhand dealers, and requires them to submit specific information related to specified types of transactions, daily, via dial -up connection to APS Service central data site. "Enhancements" means software programs and sub - programs in addition to the Software described in Schedule 1. Query Only Licensee" means any Licensee which does not license or regulate pawnbrokers or secondhand dealers. ARTICLE II: Software Delivery and Installation The City of Minneapolis shall deliver to Licensee APS Service software in accordance with Schedule 1. Licensee shall have the responsibility of software installation. p:\ word \aps \!contacts\!minn \rosemount pd\eitheragrmt vs5 -03 4- 4- 03.doc ARTICLE III: Title and Risk Title to the APS Service software, including the ownership of all copyrights, patents, trademarks, trade-,secrets and all other intellectual property rights subsisting in the software, documentation, enhancements, adaptations, and any modifications thereto shall at all times remain with the City of Minneapolis. ARTICLE IV: Payment Payment of the License and Use Fee shall be in accordance with the provisions of Schedule 2 ARTICLE V: License Terms SOFTWARE LICENSE Subject to the terms of this License Agreement, City of Minneapolis grants to Licensee a non- exclusive, nonassignable and nontransferable license to use and display the software provided by or on behalf of City of Minneapolis for purposes of accessing the APS Service on any machine(s) of which Licensee is the primary user or which Licensee authorizes for use. Unauthorized copying of the software, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. Licensee may not sublicense, assign or transfer this license or the Software except as permitted by City of Minneapolis. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this License Agreement is void. LICENSEE RESPONSIBILITY: Licensee shall be responsible for all access to and use of the APS Service through Licensee's account or password(s). ARTICLE VI: Licensor's Warranties and Limitations of Liability LICENSEE EXPRESSLY AGREES THAT USE OF THE APS SERVICE IS AT LICENSEE'S SOLE RISK. NEITHER CITY OF MINNEAPOLIS NOR ANY OF ITS CONTENT PROVIDERS, APS SERVICE PROVIDERS, LICENSOR, EMPLOYEES OR AGENTS WARRANT THAT THE APS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES CITY OF MINNEAPOLIS OR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, LICENSOR, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE APS SERVICE. THE APS SERVICE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, EXCEPT FOR THOSE WARRANTIES, IF ANY, WHICH ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THE LICENSE AGREEMENT. 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ARTICLE IX: Entire Agreement This agreement, as well as the additional materials specifically referred to herein as being a part of this License Agreement, constitute the entire and only agreement with respect to the subject matter hereof (collectively, the License Agreement ") between City of Minneapolis and Licensee. This License Agreement supersedes all representations, proposals, inducements, assurances, promises, agreements and other communications with respect to the subject matter hereof except as expressly set forth in this document. By executing this Agreement, Licensee agrees to the terms and conditions of this License Agreement. ARTICLE X: Governing Law; Severability This License Agreement is made in the State of Minnesota. This License Agreement and all of the parties respective rights and duties in connection herewith shall be governed by and construed in accordance with the laws of the United States of America, and, excluding conflicts rules, of the State of Minnesota. Any cause of action of Licensee, or by users of Licensee's account, with respect to the APS Service or this License Agreement must be instituted within one year after the claim or cause of action has arisen or be barred. CITY OF ROSEMOUNT CITY OF MINNEAPOLIS By: By. Mayor Mayor By: By: Chief of Police Chief of Police or Deputy Chief of Police Countersigned: Finance Officer Approved as to Form Assistant City Attorney p:\ word \aps \!contacts \! min n\rosemount pd \eitheragrmt vs5 -03 4- 24- 03.doc SCHEDULE 1: APS SYSTEM AND OBLIGATIONS APS SYSTEM License for the use of the APS Service as described in this agreement applies to the installation and usage of, and access to the following components on the Licensee's equipment: 1. APS Service client software and relevant enhancements (supplied on distribution diskettes, or via the APS Service software distribution, files located on the licensor's computer network). 2. APS Service documentation (Help files) included on the APS Service client software. 3. APS Service oriented user documentation. In addition, Licensee is granted access to the following services as authorized in Schedule 2: 1. Access to the APS Service central site database via network or dial -up connection as authorized by the APS Service administrator. 2. Access to APS support staff by Licensee's APS Service Jurisdiction Administrator for operational questions related to accessing the service via network or dial -up connection: Use of Contents Neither Licensee nor any user of the Licensee's account may reproduce, distribute, transmit or otherwise transfer any content received or accessed through the APS Service except as required, and legally allowed, in the conduct of authorized investigations of criminal activity, or verification of compliance with applicable operational laws and regulations by pawnbrokers, secondhand dealers, or precious metal dealers. Ancillary Equipment Licensee is responsible for acquiring and maintaining all telephone and computer hardware and services necessary to access and use the APS Service via network or dial -up connection. APS Client System Requirements: Workstations must be capable of connecting to the APS central server at the State of Minnesota either by dial -up or permanent network connection and must be running Windows NT 4.0, Windows 9x, Windows Me, or Windows 2000. The minimum system requirements for running the APS client are an Intel Pentium 300Mhz (or faster) with 64 Mb RAM, VGA monitor with 80Ox600 resolution and 256 colors, and a 56k baud modem (if a permanent network connection is not available). Operational Responsibilities Every Licensee is responsible for the following: 1. Installation of all hardware components, PC operating software, networking software and APS Service client software. 2. Designating an employee as the APS Service Jurisdiction Administrator. (See Schedule 1- A for current Jurisdiction Administrator roles and tasks.) 3. Designating an employee as the APS Service Investigator /User Trainer. 4. Assignment and administration of appropriate user codes and passwords to authorized users of the APS Service system within its jurisdiction. In addition, every data contributor Licensee is responsible for: p:\ word \aps \!contacts \! min n\rosemount pd \eitheragrmt vs5 -03 4- 25- 03.doc 1. Coordination and administration of the addition of licensed jurisdiction dealers who will be sending data via modem to the APS Service central site. 2. Orientation and training of dealers within the Licensee's jurisdiction regarding APS Service dial -up connection process, reporting requirements and error correction procedures. 3. Verification of the electronic collection of pawn and secondhand dealer transaction data as required by the Licensee's applicable ordinances. 4. Manual entry of pawn and secondhand transaction data when dealer(s) are unable or fail to do so via modem as required by Licensee's applicable ordinances and APS Service policies. 5. Adherence to APS Service policies and procedures as established by the Minneapolis APS Service Administrator. p:\ word \aps \!contacts\l min n \rosemount pd \eitheragrmt vs5 -03 4- 26- 03.doc SCHEDULE 2: PAYMENT AND CHARGES FEES, TAXES AND OTHER CHARGES Licensee shall pay all applicable taxes related to use of the APS Service by Licensee or by users of Licensee's account. Information on charges and surcharges (if any) that are paid to City of Minneapolis and are incurred by Licensee or by users of Licensee's account will be made available to Licensee, and Licensee agrees that this is sufficient notice for all purposes as to charges incurred and paid or to be paid to City of Minneapolis. COMMENCEMENT AND DURATION OF LICENSE FEES Licensee acknowledges that (subject to any exceptions granted by City of Minneapolis) a monthly Licenseeship will continue until Licensee cancels the account in accordance with the methods established by the City of Minneapolis. As provided for above, Licenseeship may be canceled by Licensee at any time. The monthly Licenseeship fee shall cease to apply for any month after the billing month in which this License Agreement is terminated pursuant to its terms. PAYMENT FOR SERVICES Licensee will be invoiced monthly for prior month's fees and charges. Invoices are due and payable upon receipt. If payment is not received within 30 (thirty) days from date of invoice, City of Minneapolis may suspend or terminate this license agreement. FEE SCHEDULES Fees will be billed at either the Query Only Licensee or Data Contributing Licensee rate, depending on which is applicable. Licensees that are initially billed as Query Only Licensees shall receive full credit for all setup and training fees if, and when, they become Data Contributing Licensees. Query Only Licensee Setup and Training $240.00 (All training requires and assumes working knowledge of Microsoft WindoWSTM ) 1. Establish Licensee's account on APS Service. 2. Two (2) hours training for Licensee's designated APS Service Jurisdictional Administrator at APS central site. 3. Three (3) hours training for Licensee's designated APS Service Investigator /User Trainer at APS central site. - 4. Additional investigator /user training at APS central site $45.00 per hour, per attendee. Query only licensee access fees utilize, the Minnesota Criminal Bureau of Apprehension multi tier agency ranking structure based on a combination of the population and number of employees. Licensee is a tier FIVE (5) agency. 1. ` Access Fee for Primary Investigators) /User(s) Unlimited access to the APS Service for two (2) simultaneous designated users, via a network connection, in accordance with the applicable portions of this agreement. Tier 1& 2 A Tier 3& 4 A Tier 5& 6 A $72.00 Per Month $54.00 Per Month $36.00 Per Month p:\ word \aps \!contacts\!minnGosemount pd \eitheragrmt vs5 -03 4- 27- 03.doc 2. Access Fee for Additional Simultaneous Investigator(s) /User(s) for all licensees connected via a network connection, in accordance with the applicable portions of this agreement $36.00 Per Month Per User Data Contributing Licensee Setup and Training $1,050.00 (All training requires and assumes working knowledge of Microsoft Windows TM.) 1. Establish Licensee's account on APS Service. 2. Eight (8) hours training for Licensee's designated APS Service Jurisdictional Administrator at APS central site. 3. Two (2) hours training for Licensee's designated APS Service investigator /user trainer at APS central site. 4. Additional investigator /user training at APS central site $45.00 per hour, per attendee. Data Collection and Maintenance Fee $1.00 Each Billable Transaction 1. For purposes of this License Agreement, a billable transaction is every reported transaction conducted by a pawnbroker or secondhand dealer in which merchandise is received through a pawn, purchase, consignment or trade. 2. Collection and maintenance administration of all reportable and billable transaction information as defined by Licensee's ordinances and received via network or dial -up connection. 3. Monthly billing to Licensee of all billable transactions received, which dealer they were submitted by, and whether they were electronically uploaded from the dealer or manually entered by the Licensee. Access Fee for Primary Investigator(s) /User(s) Using a Network Connection $ N/C Per Month 1. Unlimited access to the APS Service for two (2) simultaneous designated users, via a network connection, in accordance with the applicable portions of this agreement. 2. Access Fee for Additional Simultaneous Investigators) /User(s) for licensees connected via a network connection, in accordance with the applicable portions of this agreement $36.00 Per Month Per User p:\word\aps\! contactsM min n\rosemou nt pd \eitheragrmt vs5 -03 4- 29- 03.doc SCHEDULE 1 -A: APS SERVICE JURISDICTION ADMINISTRATOR APS Service Jurisdiction Administrator The Licensee's APS Service Jurisdiction Administrator is responsible for the day -to -day operation of APS within the Licensee's jurisdiction. She (or he) is the point of contact for technical and operational questions from Licensee's investigators and pawn dealers (Data Contributing Licensees Only). This person will interact regularly with the APS Administrator at the Minneapolis Police Department (MPD) on issues and questions regarding operations and policy which are system -wide (not just Licensee - specific). Primary functions include: • Provide focal point for all APS Service operational and policy activity for Licensee, Provide end user support as a "first call for help" when questions or incidents occur regarding APS Service usage within Licensee's jurisdiction, • Maintain dialogue with APS Administrator at MPD for questions and support issues, Startup Tasks (All Licensees) - 1. Define a process or series of steps to receive, log, process and track APS support calls (e.g. who gets called, what information to take, how to forward or close contact, how to accumulate statistics and track open contacts., etc.). 2. Gain familiarity with APS administrative screens to set up new users. Startup Tasks (Data Contributing Licensees) 1 Gain familiarity with APS administrative screens to set up new dealers and support billing functions (Data Contributing Licensees). 2. Gain familiarity with the APS Service upload process and directory structure used for dealer upload files, logs, archived transactions (Data Contributing Licensees). Daily Tasks (All Licensees) 1. Respond to APS support calls. Log contacts, respond or refer contact to APS Administrator (MPD), monitor resolution and ensure requester is contacted with resolution. Daily Tasks (Data Contributing Licensees) 1. Review upload activity from previous evening to ensure all Licensee's dealers submitted a transaction file. 2. Review administrator upload log for each store to assess whether file was successfully processed or not 3. Contact dealers who have not submitted transaction files or refer to Licensee's investigators /regulators for follow -up. 4. Review error history to ensure dealers are submitting corrections to previous transactions flagged as errors, 5. Perform random spot checks on uploaded data items using APS queries or reports to verify overall data quality. 6. Periodically run queries or reports on categories, items and brands where 'OTHER' is specified. 7. Work with Licensee's police and civilian investigators and regulators to ensure that ordinance- specified data reporting and quality is maintained. 8. Consult with Licensee's investigators /regulators on data quality issues to refer back to dealers for resolution or additional training: p:\ word \apsVcontactsMminn\rosemount pd \eitheragrmt vs5 -03 4- 24- 03.doc Monthly Tasks (Data Contributing Licensees) 1. Receive monthly billing invoice and data from APS administration and generate appropriate remittance. 2. Reconcile /assemble monthly'billing data and generate an invoice for each dealer in Licensee's jurisdiction required to report to the APS Service (Data Contributing Licensees). As Required Tasks (All Licensees) 1. Work with APS administration to identify enhancements, productivity tools, system bugs /inconsistencies so as to improve the service provided by APS. 2. Provide training to Licensee's users. p:\ word \aps \!contacts\!minnVosemount pd \eitheragrmt vs5 -03 4- 1:�03.doc