HomeMy WebLinkAboutResolution 2019-105 Aproving the ADOT IGA for MPD Use of the Traffic & Criminal SoftwareMARANA RESOLUTION NO. 2019-105
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING
THE CHIEF OF POLICE TO EXECUTE AN INTERAGENCY SERVICE AGREEMENT
BY AND BETWEEN THE TOWN OF MARANA AND THE ARIZONA DEPARTMENT
OF TRANSPORTATION FOR USE OF ARIZONA TRAFFIC AND CRIMINAL
SOFTWARE (AZTRACS)
WHEREAS the Town of Marana and the Arizona Department of Transportation
desire to enter into an Interagency Service Agreement for use of Arizona Traffic and
Criminal Software (AzTraCS) for the purpose of a more efficient exchange of crash
records and crash data; and
WHEREAS AzTraCS is a mobile crash reporting software system that can be
used for electronic traffic citations, developing traffic crash reports and other reports
and forms; and
WHEREAS the Mayor and Council find that it is in the best interests of the Town
and its citizens to enter into this agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Town Council hereby approves the Interagency Service
Agreement by and between the Town of Marana and the Arizona Department of
Transportation, attached to and incorporated by this reference in this Resolution as
Exhibit A, and the Chief is hereby authorized and directed to sign it for and on behalf of
the Town of Marana.
SECTION 2. The various Town officers and employees are authorized and
directed to perform all acts necessary or desirable to give effect to this resolution.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN
OF MARANA, ARIZONA, this 15th day of October, 2019.
MARANA AZ
-STABLISHED 1977
ADS a
Cherry L. L wson, Town Clerk
Marana Resolution No. 2019-105
Mayor Ed H6nea
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INTERAGENCY SERVICE AGREEMENT
AzTraCS Use
Between
Arizona Department of Transportation
And
Marana Police Department
ADOT Contract Number: DT-ITG-2019-008
THIS AGREEMENT is entered into between the Arizona Department of Transportation (ADOT) and the Maran a 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 Iowa Department of Transportation for ADOT
to develop Arizona's custom safety data collection capabilities; which 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
agenciesto ADOT and the courts; and
WHEREAS, ADOT 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, ADOT 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 ADOT to provide AzTraCS to any law enforcement agency in Arizona free of charge,
based on ADOT su pport staff availability and the AG E NCY'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 agenciesor political subdivisions of this state: and
WHEREAS, upon mutual agreement, ADOT and AGENCY agree to the terms and definitions described below and on
the following pagesfor the use of AzTraCS, in whole or in part.
THEREFORE, ADOTand AGENCY agree as follows:
SECTION 1. TERMS OF AGREEMENT
A. ADOT SHALL:
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 AGENCYand used only by employees of the AGENCY.
EXHIBIT A
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2. Grant to the AGENCY, subject to the terms and conditions of this Sublicense, a nonexclusive,
nontransferable, non-sublicensable license to use the TraCS software trademark (the "Licensed Mark") on
and in conjunction with the Licensed Softwareand promotional materialsfor the Licensed Software.
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 form requests, issues, etc.
ADOT will not permit any representatives on the AzTraCS steering committee from agencies that have not
signed an AzTraCS Use Agreement.
5. Provide limited support to answer questions during the initial setup of AzTraCS. The support is limited to
two designated persons within the AGENCYand shall include:
a. Assisting AGENCY SME or ITto install and configure additional TraCS workstations.
b. Assisting AGENCY SME or ITto create initial users accounts.
c. Dedicated ADOTAssistance during "go -live" week.
6. Review, prioritize and schedule change requests for inclusion in future software releases. Change requests
for state provided form enhancements or any component of AzTraCS shall be directed to ADOT. Any
enhancement that requires funding will be the responsibility of the AGENCY to obtain the necessary
financing. If the enhancement benefits multiple agencies, ADOT will assist in securing funding. No matter
where funding comes from, ADOTand/or its contractorswill 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, 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.
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 ITto 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:
i. 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.
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12. Maintain all parts of AzTraCS under ADOT's control. "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 of the system "under their control". If the
AGENCY determines any system trouble to be under ADOT 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
Tra CS.
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 other application 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.
6. Designate two AGENCY contacts (one sworn and one IT staff) for: problem resolution, transmission issues,
training "train -the -trainer"); andto make appropriate personnel available for training.
7. Provide feedback to ADOT on request, including copies of all collected data and other essential data files.
This data will only be used by ADOT for research, testing, debugging and development purposes, and will not
be released to the 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 ADOT 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
AzTraCSand/or XML EIDS.
12. Manage, support and ensure security is properly implemented within AzTraCS.
13. Provide ADOTwitha softwareviewer for any diagrammingtool software employed with AzTraCS.
14. Adhere to State data classification and handling policies and standards.
15. Maintain a current ADOT Data Access/Exchange Agreement.
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16. Provide all necessary software and all necessary hardware including servers, workstations, laptops and
peripherals prior to the start of the project.
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 of the system "undertheircontrol". If the AGENCY determines any system trouble to be
under state control, it will notify and work with the proper state representative.
18. AGENCY shall provide one sworn 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 accordancewith 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 tothis Agreement shall be in writing and shall be signed by both parties.
3. Either party may terminate this Agreement for failure, by the other party, to perform the duties of the
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
ADOT 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 ADOT 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. ADOT may, by written notice to the
AGENCY, immediately terminate this Agreement if ADOT determines that employment or a gratuity was
offered or given by AGENCY or any agent or representative of AGENCY to any officer or employee of ADOT
for the 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.
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5. ADOT may cancel this Agreement without penalty or further obligation in the event adequate funding is no
longer available. The cancellation shall be effective when AGENCY receives written notice of the cancellation
unless the notice specifies a latertime.
E. MISCELLANEOUS
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, decompile,
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, Trademarkand 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 ADOT be liable for any damages whatsoever
(including, without limitation, indirect, incidental, special or consequential damages including lost profits,
business interruption, loss of information, or other loss) arising out of this Sublicense or AGENCY's use or
inability to use the Licensed Software.
4. For those agencies receiving Highway Safety Improvement Program (HSIP) funding through ADOT 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 to employment 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.
1. Phase 1- Pre -Implementation Planning Meeting:
a. ADOT and AGENCY personnel (both sworn and IT) will hold a project kickoff meeting to:
i. Establish key roles and responsibilities
ii. Agency PM / ADOT 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
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Phase 2 - Application Administration / SME Training:
a. The AGENCY SME and IT must review all AzTraCS Documentation toga in a general understanding of
the platform, features and available configuration options.
b. The AGENCY SME and IT will gather user requirements and identify the AzTraCS user base.
c. The AGENCY IT will design the AzTraCS environment based on the AGENCY'S requirements.
d. ADOT IT will provide training on the AzTraCS Configuration Manager, ADOT Utilities and Database
Administration.
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 AzTraCS 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. Both the AGENCY IT and ADOT 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, ADOT 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.
Phase 6 — Rollout:
a. ADOT IT will assist the AGENCY IT with the installation and configuration of additional TraCS
workstations.
b. ADOT 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 SME.
d. The AGENCY IT or SME will then forward any unresolved AzTraCS Application issues to ADOT.
e. ADOT IT Support will:
i. Address those AzTraCS application issues that cannot be resolved by the AGENCY SME and
ITstaff.
ii. Escalate any requests that cannot be resolved by ADOT ITto the National TraCS Support
iii. Acknowledge and assign a support ticket for requests received via
AZTraCSSupport@azdot.govorcalled in Toll Free at 1-833 458-7227.
iv. Support Issues will be addressed within:
1. 24 hours for issues impacting production environment
5 business days for issues impacting test/development environment
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SECTION III. AUTHORIZATION
IN WITNESS THEREOF, the parties hereto agree to carryout the terms of this Agreement.
Arizona Department of Transportation
Signature of Authorized Individual
Steve West
Typed Name
Chief Information Officer
Title
Date of Signature
Approved as to form:
Signature of Authorized Individual
Libby Shelton
Typed Name
Town Attorn
Title
Date of Signature
SECTION IV. POINTS OF CONTACT
ADOT Primary:
Tim Jordan
TraCS Project Coordinator
2739 E. Washington Street, MD 045R
Phoenix, AZ 85034
Email: tjordan@azdot.gov
Phone: 602-712-7487
AGENCY Primary:
Na me: Tim Brunenkant
Title: Lieutenant
Address: 11555 W. Civic Center Drive
City, State, Zip: Marana, AZ 85653
Email: tbrunenkant@maranaaz.gov
Phone: 520-370-7014
Agency
Signature of Authorized Individual
Terry S. Rozema
Typed Name
Chief of Police
Title
Date of Signature
Additional Required Signature:
Signature of Authorized Individual
Jane Fairall
Typed Name
Town Attorney
Title
Date of Signature
ADOT Secondary:
Trey Crane
TraCS Project Manager
2739 E. Washington Street, MD 045R
Phoenix, AZ 85034
Email: gcrane@azdot.gov
Phone: 520-838-2711
AGENCY Secondary:
Name: Jose Alvarez
Title: Sergeant
Address: 11555 W. Civic Center Drive
City, State, Zip: Mara na, AZ 85653
Email:jalvarez@maranaaz.gov
Phone: 520-309-9360
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