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Home My WebLink AboutEPOLICEREPORT, LLC -2008WORK MAY PROCEED CLERH Of COUNCIL N-2008-147 9ATIvr...l 1.~ 1" ~' ~' ' ~ ePoliceReport, LLC e ' End User License Agreement Agreement Number; 081008-001 f`ioU ~rek~,~{e1d THIS AGREEMENT is between ePoliceReport, LLC ('~ePR'~ and the entity purchasing and using the software ("Agency's and the individuals accessing the software ("Users'. This Agreement describes Agency's right to access and use ePR's software and Web services (collectively, the "Services' that are hosted through ePR's Web servers. 1. License Grant. Subject to the terms of this Agreement, ePR grants Agency a limited, non-exclusive, non-transferable license to use the Services for Agency's internal business purposes only, and to make printed or electronic copies of any reports, numeric results and other information or materials generated from Agency's Users' access and use of the Services. Agency will provide access to the Services only to Agency's Users. Any updates, modifications, enhancements or new versions of the Services that ePR makes available to Agency will be Services for purposes of this Agreement. 2. duo and Customization. Agency will provide ePR with all information required for setup of Agency's ePR Web site and registration of Agency's administrator for the site ("Administrator'. ePR will create any necessary login pages and passwords for Agency's Administrator. Agency is responsible for registering all Users. During the Term, Agency may enroll as many Users as are identified on the Order Form. On request, ePR will create a customized look and feel for Agency's Web site and Agency will pay for all changes identified with that customization. 3. Content. If, in using the Software or Services, Agency or a User uploads, records or otherwise transmits any content to ePR's Web server, Agency is solely responsible for that content. Neither Agency nor Agency's Users will use the Services or upload, record or otherwise transmit any content that {a) infringes a third party's proprietary rights, rights of publicity or rights of privacy, (b) violates any law, statute, ordinance or regulation, (c) is defamatory, libelous, threatening, harassing, obscene, harmful or pornographic, or (d) contains any viruses or other software that is intended to damage or interfere with (or surreptitiously intercept or capture) any system, data or personal information. 4. Technical SuopQrt. ePR will provide technical support for the Services to Agency's Administrator, ePR's support obligation will be limited to telephone support during ePR's normal business hours (8:30 a.m. to 5:30 p.m. Pacific Time, Monday through Friday -excluding holidays). Technical support will address issues related to use of the Services but will not include issues related to a User's Internet connectivity or computer hardware. ePR will also maintain the Services and Agency's ePR Web site. Maintenance will normally be performed each Sunday between 5:00 p.m. and Z:00 a.m. (Pacific Time). During scheduled maintenance, the Services may not be available for use. If the Services are unavailable other than during regularly scheduled maintenance, the Term will automatically be extended by an amount equal to the unscheduled downtime. Extension of the Terrn will be Agency's only remedy for unscheduled downtime. Because of the inherent qualities of the Internet, ePR cannot prevent and, therefore, is not responsible for inadvertent security breaches, nor is ePR responsible for any failure to maintain the confidentiality of any information. 5. Ownership. ePR and its licensors will own and retain all applicable copyrights, trademarks, service marks, trade dress, trade seaets and other intellectual property rights in the ePOliceReport, LLC . tel 877.IT4.COPS .fax 408.528.8226 . www.epolicereport.can 5655 Silver Creek Valley Road, San Jose, California 95138-2473 Services and all related items, including any enhancements or derivative works, whet names,ot authorized. All graphics, logos, service marks and trade names, including third-party product names and brand names (collectively, "Marks's relating to the Services are rant d in th sR or its affiliated entities. ePR reserves all rights related to the Marks not expressly g Agreement. g, Data pwnershio. Agency will retain ownership of all report data entered by their Users. ePR will not share the User's data without prior consent of the Agency. ~, ~in.itations on Use. Agency and Agency's Users will not, nor will they permit others to, do any of the following: (a) sell, distribute, transmit or otherwise provide access or use to any person not authorized by this Agreement, (b) store Services in any information storage and retrieval system which provides access to persons not authorized by this Agree roducec create sublicense, lease or assign any license to the Software to anyone, (d) copy, P derivative works from, de-compile, disassemble or otherwise reverse-engineer the Services, or (e) make use of the Internet or an Intranet to provide access to the Services through any local or wide area networks, timesharing services, multiple site arrangements or other vehicles which permit multiple simultaneous access or distribution other than as provided by this Agreement. g, p m .Payments are due as set forth in the Order Form. Undisputed payments not received when due will bear interest at the lower of 1.5% per month or the highest rate permitted by law. ePR may suspend Services if Agency's payment of undisputed fees is 10 or more business days late. ePR may also recover any sums spent in collecting undisputed sums not paid when due, including reasonable attorneys' fees. If Agency continues using the Services after the Term, Agency will pay ePR the then prevailing monthly rates for use of the Services until Agency stops Agency's use. g, Term any Termination. The initial term of this Agreement ("Term's is as set forth on the Order Form. Either party may terminate this Agreement without cause at the end of the initial Term or any renewal Term by providing the other party with 30 days prior written notice. Agency may terminate this Agreement if ePR fails to provide the Services to Agency and the breach is not cured within five days after ePR receives written notice of the breach. ePR may terminate this Agreement if Agency breaches any term of this Agreement, including failing to make timely payment of fees due, if the breach is not cured within five days after Agency receives written notice of the breach. On termination with or without cause, all of Agency's payment obligations due through the date of termination will be then due and payable, ePR may revoke the license granted to Agency by this Agreement and ePR may immediately prohibit Agency's use and access to the Services. 10. r rmiirn~i Warranty and Disclaimer; Because of the Possibilities of human and technical error inherent in the input and compilation of data, Agency understands that the data provided by ePR will contain errors. The prices which ePR is charging Agency for the Services is based, in part, on ePR's expectation that Agency will bear the risk of any loss or injury which might be incurred by Agency or Agency's Users in relying on that data. As a result, Agency is responsi an that the determining that all data provided by ePR is sufficiently accurate for its purposes Services operate in a satisfactory manner. ePR warrants to Agency that the Services will operate substantially in accordance with the documentation provided to Agency online ("Documentation'. This limited warranty will apply only during the first 60 days after the Services are first made available to Agency ("Warranty Period'. If the Services do not function in accordance with their Documentation, ("Warranty Claim', and ePoliceReport, LLC • lei 877.Ir4.COPS • fax 406.528.8226 • www•epoiKerePo~•COm 5655 Silver Creek Valley Road, San lose, Caliromia 95138-2473 Agency so notifies ePR in writing during the Warranty Period, Agency will be entitled to a refund of the fees collected by ePR during the Warranty Period. This refund will be Agency's exclusive remedy for a breach warranty. All Warranty Claims not made in writing or not received by ePR within the Warranty Period will be deemed to have been waived. OTHER THAN THIS LIMITED WARRANTY, ePR MAKES NO REPRESENTATIONS ABOUT THE SERVICES AND IS PROVIDING THEM TO AGENCY AND AGENCY'S USERS "AS IS" AND WITHOUT WARRANTY OF ANY KIND. ePR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ePR DOES NOT WARRANT (A) THAT THE SERVICES ARE OR WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR OR FREE OF VIRUSES, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, OR (B) THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS OR USEFULNESS OF THE REPORTS, DATA OR OTHER INFORMATION AGENCY OBTAINS FROM USING THE SERVICES. USE OF THE SERVICES IS ENTIRELY AT AGENCY'S OWN RISK AND AGENCY ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF PROBLEMS THAT MAY BE CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ePR WILL NOT BE LIABLE TO AGENCY OR ANY USER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES EVEN IF 1T HAS BEEN APPRISED OF THE LIKELIHOOD OF THOSE DAMAGES. IN NO EVENT WILL ePR'S AGGREGATE LIABILITY UNDER THIS AGREEMENT IXCEED THE TOTAL AMOUNT OF FEES PAID BY AGENCY TO ePR DURING THE TERM. il. FI rd~aarw And ~rvice Reauirem~. Agency and Agency's Users are solely responsible for acquiring, servicing, maintaining and updating all equipment, computers, software and communications services that allow Agency to access and use the Services, and for all expenses relating thereto (plus any applicable taxes). Agency and Agency's Users will access and use the Services in accordance with any operating instructions or procedures that may be issued by ePR, as amended by ePR from time to time. ePR does not make any commitments regarding use or performance of the Services with browsers other than Microsoft Intemet Explorer 6 (or higher) and Netscape Navigator 6 (or higher). 12. Performance. The operation and availability of the systems used for accessing and interacting with the Services, including, the public telephone, computer networks and the Internet or to transmit information, whether or not supplied by Agency or ePR, can be unpredictable and ServicesmePRes not responsible for th t nterference or Prevention of access o~ use. ration of the 13. Mi~^°'laneor~s Provisions. (a) c~.~n,,,~ina Law. This Agreement is made under and will be governed by, and construed in accordance with, the laws of the State of Cal'ifomia, except that body of law controlling conflicts of law. The prevailing party in any litigation between the parties will recover its reasonable attorneys' fees and costs from the non-prevailing party. (b) Marketing. Agency consents to ePR's use of Agency's name and logo for the limited purpose of identifying Agency as an ePR customer. From time to time, ePR selects candidates from its customer list whom it wishes to announce as a business relationship. If Agency is selected, ePR will notify Agency before the press release or quote is published in the public domain. ePoliceRepo655 SCveCireek Va ley RoadfSanJose, Cal fomia 95138P2i43re~~.~m (e) Government Reaulations. Neither Agency nor any of Agency's Users will export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the U.S. in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the U.S. government (d) Survivabilitv. The terms of the following Sections of this Agreement will survive any cancellation, termination, or rescission: Ownership, Limitation of Use, Warranty and Limitation of Liability. (e) Severabilitv and Waiver. If any provision of this Agreement is held to be unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provisions will be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. Agency may not assign or delegate Agency's obligations under this Agreement either in whole or in part without the prior written consent of ePR. (f) Governmental AGencies. Use of the Services by the United States Government or other governmental agencies will be as "restricted computer software" or "limited rights data" as set forth in "Rights in Data - General" at 48 CFR 52.227-14, or as "commercial computer software" or "commercial computer software documentation" under DFARS 252.227-7015, or under such other similar applicable terms to prevent the transfer of rights in and to the technology to the government other than under normal commercial licensing terms. (g) Privacy PoIicv. The ePR Privacy Policy can be accessed at on the ePR Web site ("Privacy Policy'1- The Privacy Policy is a part of this Agreement and is incorporated by reference. (h) Entire AGreement and Amendments. The Agreement (including the Privacy Policy) and the Order Form constitute the entire agreement between Agency and ePR with respect to the Services and supersede all other communications and proposals, whether electronic, oral or non-electronic. Terms in any other document, and in whatever form, will have no effect. ePR may amend the provisions of this Agreement or the Privacy Policy at any time by posting the changed terms on the the ePR Web site. By using the Services after revised terms are posted, Agency agrees to be bound by the amended terms. Amendments that Agency proposes can only be accepted by ePR in a non-electronic writing manually signed by authorized representatives of the parties. The Services are being provided electronically and ePR may communicate electronically for matters relating to the Services. Agency will periodically visit the ePR Web site to examine the then-current Agreement (including the Privacy Policy). ePoliceReport, LLC. tel 877.IT4.COPS . fax 408.528.8226. www.epolicereport.com 5655 Silver Creek Valley Road, San Jose, California 95138-2473 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed to be effective as of the date written below CUSTOMER: CITY OF SANTA ANA ~ By: .:V Name: DAVID N. M Title: City Manager Date: ll- II -05 ePoliceReport, LLC Agr 081008-001 EPOUCEREPORT, LLC By: Name: Title: Date: t4ItQ Lou Kvitek tteH/~fll Ml:.fo /Her"' v _ r/ V q 10 -IC-{)~ ATTEST: k:&L~ PATRICIA E. HEAL Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attomey By:. La ra Sheedy Assistant City Attor RECOMMENDED FOR APPROVAL: G~ PAUL M. WALTERS Chief of Police ePoliceReport, LLC. tel 877.IT4.COPS . fax 408.528.8226. www.epolicereport.com 5655 Silver Creek Valley Road, San Jose, California 95138-2473 if::1' 16' ePoliceReport™ Order Form ePoliceReport, LLC Tel 877.IT4.COPS Fax 408.528.8226 Date: October 8. 2008 Order Number: 081008-001 Please complete the following (print/type): Bill To: Contact Name Ken Gominsky TItle Commander Email address KGominsky@santa-ana.org Company Name Santa Ana Police Department Address 1 60 Civic Center Plaza Address 2 City Santa Ana State CA Zip 92701 Country USA Telephone 714-245-8040 Fax 1. Initial Term I SubscriDtion Period: Annual 2. Service commencement: November 1. 2008 3. Payment: 250 Plan Amount 495 500 $ 500 2500 2640 6635 All applicable payments will be invoiced each subscription period and are due upon receipt. Payment amounts as set forth above do not include any applicable sales, use, excise or similar taxes, which will be set forth on each invoice and paid by Agency. 4. Users and Reoorts: Number of permitted admin Users 5 Number of incident reports per month 250 (Reports over monthly are charged at pro-rated rate + 20%) Customer confirmation: By: ~~- ePoliceReport Sales Rep: L/)I.( kVln,-f:- By: ePoliceReport, LLC. tel 877.IT4.COPS. fax 408.528.8226. www.epolicereport.com 5655 Silver Creek Valley Road, San Jose, California 95138-2473 Exhibit A - Service Description ePoliceReport Service Description The following list of features are included with an ePoliceReport service subscription. 1. ePoliceReport public website for submitting police reports. a. The website allows citizens to submit police reports via the internet using a wizard style interface. b. Subject to administrative customization (see below), the wizard prompts users for the following information: Incident type, reporting party, victim, incident description, property, vehicle, suspect, witness, and identification information. c. Two instances of the website can be configured - one for crimes the other for tips. d. Also includes a web page that allows citizens to retrieve a copy of their previously submitted report. This is useful for printing a new copy. The same web page also lets a citizen have report identification emailed to the email address used when submitting the report. Complete identification information is required to retrieve a report. This web page also gives the citizen the ability to correct a rejected report if this option was selected by the report reviewer (see below). e. Supports Netscape version 6 and Internet Explorer version 6 or higher. f. Submitter must enable JavaScript in their browser. g. Once submitted the report data is maintained in ePoliceReport's database for 2 years. 2. ePoliceReport administration website. a. Website includes a user (named 'admin') with admin rights to configure the reporting wizard. b. Admin can configure additional user logins with email address and optionally grant admin rights. Users without admin rights can use the reporting tools but cannot configure the system. c. Admin interface allows configuration of department information: . Department name, address, phone, fax, county . Department contact name, email, phone . Admin contact name, email, phone . Default from-email for emails sent to citizens when report accepted/rejected . Department website address . Select from four website color schemes: blue, green, brown, black . Upload website graphic to appear in wizard interface . Upload report graphic to appear on printable report . Specify whether wizard prompts for social security number (default 'no') d. Admin interface allows configuration of incidents: . Incident label, description, and example . Specify as either crime or tip . Auto-approval of submitted reports . Configure default route-to email . Specify codes for NIBRS, UCR, and RMS . MinImax entries to prompt for: property items, vehicles, and suspects . Property limit e. An optional report data export function is available. Standard export to pipe-delimited text file and XML file are available. Other export formats may be negotiated. f. Admin interface includes ability to retrieve pending reports and: ePolic:eReport, LLC. tel 877.IT4.COPS. fax 408.528.8226. www.epolic:ereport.com 5655 5ilver Creek Valley Road, San Jose, California 95138-2473 . Accept or reject report . Optionally change incident type should the submitter have selected the wrong type . Select email address from which accept/reject email is sent; choice is either login user's email or default department from-email . Optionally specify an (probably internal) email address to which a link to the report is emailed; optionally specify a message to be included in that email . Specify message to be sent to citizen - required if report is rejected . If requested by department, ePoliceReport will configure the system to allow the reviewer to specify that a rejected report can be corrected by the submitter g. Admin interface includes additional reports by selected date range: . List of already approved reports . List of already rejected reports . Search for reports by case id, last name, email address, or phone number . Summary of report submittal activity for each incident type by week or month. . Summary of report review activity by department users by week or month. 3. Websites are hosted at a co-location facility as chosen by ePoliceReport, LLC. a. State-of-the-art security, heating and cooling, uninterruptable power supply, and fire suppression. b. Network intrusion detection and firewall. c. 128-bit SSL encryption is used for all websites. d. Websites hosted on Microsoft Windows operating system using Microsoft Internet Information Server. e. Website uses Microsoft SQL Server database with a password protected login. 4. Miscellaneous terms: a. An unlimited number of reports can be submitted. The subscription includes a fixed number of reports per month. Reports over that allotment are billed at the pro-rated report charge plus 20%. b. Report data remains the property of the customer and is not shared without prior consent. c. Website maintenance may occur each Sunday between 5:00 pm and 2:00 am Pacific lime at which time the service may not be available. d. At the customer's request the term of the subscription may be extended by an amount equal to any unscheduled downtime. e. Technical support is limited to telephone support between 8:30 am and 5:30 pm Pacific lime. f. Subscription automatically renews at the end of the agreed upon term. g. Subscription rate is subject to increase at the beginning of the each term. ePoliceReport, LLC. tel 877.IT4.COPS. fax 408.528.8226. www.epolicereport.com 5655 Silver Creek Valley Road, San Jose, California 95138-2473