86-0902 PIMS User Agreement 426—oR0
16.6.86
Police Information Management System
User's Agreement
AN AGREEMENT BETWEEN POLICE DEPARTMENTS ELECTING TO PARTICIPATE IN
THE POLICE INFORMATION MANAGEMENT SYSTEM PROGRAM AND THE ILLINOIS
CRIMINAL JUSTICE INFORMATION AUTHORITY
This agreement is entered into by the Illinois Criminal Justice Information Authority (hereinafter
referred to as "the Authority") and the City of Elgin on behalf of its Police Department (hereinafter
referred to as "Police Department") on the effective date hereinafter set forth.
WHEREAS, Section 7(a) of the Illinois Criminal Justice Information Act (Ill. Rev. Stat. Ch. 38, par.
210-7(a)) empowers the Authority to develop and operate comprehensive information systems for
the improvement of all aspects of law enforcement, prosecution, and corrections; and
WHEREAS, Section 7(b) of the Illinois Criminal Justice Information Act (Ill. Rev. Stat. Ch. 38, par.
210-7(b)) empowers the Authority to define, develop, and correlate State and local programs and
projects associated with the improvement of law enforcement and the administration of justice; and
WHEREAS, Section 7(m) of the Illinois Criminal Justice Information Act (Ill. Rev. Stat. Ch. 38, par.
210-7(m))authorizes the Authority to enter into contracts and to cooperate with units of general lo-
cal government or combinations of such units, State agencies, and criminal justice agencies of other
states for the purpose of carrying out the duties of the Authority imposed by the Act or by the
federal Crime Control Act of 1973, as amended; and
WHEREAS, Section 7(r) of the Illinois Criminal Justice Information Act (Ill. Rev. Stat. Ch. 38, par.
210-7(r)) permits the Authority to exercise any other powers that are reasonable and necessary to
fulfill the responsibilities of the Authority under the Act and to comply with the requirements of
applicable federal law or regulations; and
WHEREAS, the Authority intends to operate PIMS to provide data processing services on a subscrip-
tion basis to user police departments within the State of Illinois:
NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE ILLINOIS CRIMINAL JUSTICE
INFORMATION AUTHORITY AND THE ELGIN POLICE DEPARTMENT AS FOLLOWS:
L
PIMS User's Agreement
Elgin Police Department
Page 2 of 6
SECTION 1. Services to be Furnished.
PIMS will provide data processing services that will assist Police Department in the performance of
its criminal justice function. The Authority will design, develop, and operate the computer programs
necessary for the operation of PIMS.
PIMS will be a permanent program of the Authority and new components shall be developed. Any
such components developed for PIMS shall be available to Police Department after necessary test
phases have been completed. Applications include access to LEADS (Law Enforcement Agencies
Data System), automatic UCR (Uniform Crime Report) capability, arrest module, complaint module,
general report module and portions of the management report module that relate to these other
modules. Improvements to these modules and new modules, such as crime analysis, will be scheduled
by the Authority with the advice of the PIMS Advisory and Policy Board, as described in Section 2.
SECTION 2. PIMS Advisory and Policy Board.
There shall be a PIMS Advisory and Policy Board (PAPB) consisting of the chief of each subscribing
police department or his designee. The PAPB shall cooperate with the Authority to develop policies
for the operation and use of PIMS and to identify priorities for PIMS program development. Each
member of the PAPB shall have one vote. The PAPB shall elect from its membership a chairman and
such other officers as it may deem appropriate. The chairman shall call all meetings of the PAPB.
SECTION 3. PIMS User's Groups.
There shall be PIMS user's groups, whose members shall be selected from the subscribing police
departments. These user's groups shall assist the Authority in the design of the program to assure
that PIMS specifications adequately conform to existing police department operations.
SECTION 4. Standards and Guidelines.
The PAPB may recommend to the Authority standards and guidelines necessary for the effective
operation of PIMS, and the Authority may promulgate standards and guidelines based on such
recommendations or on its own initiative. Police Department shall follow all such standards and
guidelines. Police Department shall follow and be bound by all applicable State and federal laws and
regulations, including rules and regulations of the Department of State Police in so far as LEADS
service is accessed through PIMS. Police Department shall take appropriate action by instruction,
agreement, or otherwise to so inform its employees.
The Authority shall notify Police Department of violations of PIMS policies and guidelines or federal
or State laws or regulations. Police Department shall take action to correct such violations and
provide assurances to the Authority that corrective action has been taken. Failure of the Police
Department to correct violations may result in suspension or limitation of PIMS service.
PIMS User's Agreement
Elgin Police Department
Page 3 of 6
SECTION 5. PIMS Manager.
Police Department shall designate a PIMS Manager, who shall be Police Department's primary con-
tact with the Authority regarding PIMS operations.
SECTION 6. Ownership of Programs and Data.
For the purposes of this agreement, all data that are entered into PIMS by Police Department shall
be deemed the property of Police Department. Data that are entered into the arrest module or the
crime analysis module may be accessed by any PIMS subscriber.
All software and computer programs developed by the Authority are copyrighted and, to the extent
permitted by law, shall remain the property of the Authority. Police Department shall have a non-
exclusive, irrevocable license to use PIMS software and computer programs, without cost, so long as
PIMS policies and, to the extent applicable, the terms of this agreement are followed.
Police Department may have copies of any data, programs, and software permitted by law to which
it is entitled in this section. The Authority shall provide such copies without charge, except reason-
able reproduction costs.
SECTION 7. Security.
Both the Authority and Police Department shall at all times maintain procedures, provisions, condi-
tions and equipment for the security of their respective data processing sites that conform to State
and federal laws and regulations governing criminal history record information. Such procedures
and provisions shall assure that: effective hardware and software designs are instituted to prevent
unauthorized access to, disclosure of, and dissemination of PIMS data and files; physical access to the
computer facility is restricted to authorized personnel; PIMS data cannot be accessed in any fashion
by non-criminal justice terminals; and confidentiality agreements, delineating the importance of and
need for security and confidentiality of data and files maintained in or available through PIMS, are
executed. The Authority computer facility shall be under the direct control of Authority personnel.
SECTION 8. Confidentiality.
The Authority shall protect the confidentiality of all files and data entered by Police Department.
Except where required for standard PIMS applications, files and data that are entered by Police
Department shall not be released by the Authority to anyone without the express written permission
of the Police Department. The Authority may use the data or files for data processing services
provided to Police Department. The Authority may use Police Department data to the same extent
as could any other PIMS user and may use the data for research purposes in the aggregate, but such
data may not be identifiable to any person or Police Department without the express permission of
the Police Department.
Police Department shall not provide or otherwise make available any licensed material including, but
not limited to, computer programs or software, in any form, to any person without the prior written
PIMS User's Agreement
Elgin Police Department
Page 4 of 6
consent of the Authority. Police Department shall take appropriate action by instruction, agreement,
or otherwise to so inform its employees.
The provisions of this section shall survive the termination of this agreement and shall be perpetual.
SECTION 9. Limitations of Liability.
The accuracy of data which are transmitted through or entered into PIMS is the sole responsibility of
the police departments subscribing to PIMS. The Authority shall have no liability of any kind for (a)
damages caused by or arising out of the use of equipment or telecommunications lines located at
Police Department's site, (b) for any damages caused by or arising out of the loss of data stored by the
Authority, (c) for negligence with respect to any performance by the Authority under this agree-
ment, or (d) any incidental, special, or consequential damages. Police Department shall indemnify
and hold harmless the Authority for Police Department's errors, omissions, and liabilities that arise
from Police Department's use of PIMS software or data contained therein or while the Authority is
acting in the capacity of agent serving as custodian for and processing and storing data which the
Police Department has input into and/or has removed from PIMS. Police Department shall not be
liable or responsible for nor indemnify the Authority for errors, omissions, or liabilities of any other
subscribing police department or any person or entity acting at the direction of the Authority.
SECTION 10. Force Majeure.
Neither party shall be responsible for delays or failures in performance resulting from acts beyond
the control of such party. Such acts shall include, but not be limited to, ex post facto governmental
regulations or laws, failure to appropriate sufficient funds for this agreement, acts of God, strikes,
riots, acts of war, epidemics, fire, communications or power line failures, earthquakes, or other
disasters.
SECTION 11. Police Department Equipment.
It shall be the responsibility of Police Department to procure, support, maintain, and pay for all
computer equipment, telecommunications equipment and lines, and all other identified operations
costs associated with connection to the PIMS network. All such equipment and lines must be ap-
proved in advance by the Authority to assure compatibility with Authority equipment.
SECTION 12. Costs.
Costs for PIMS are divided into two categories: operations support and development. The Authority
shall assume all development costs. Agencies participating in Authority-operated programs shall
contribute a proportionate share of the costs of supporting the operations of these programs. The
Authority annually shall establish a user's fee which shall be applied to the operating costs of PIMS.
User's fees shall be paid for six month periods, and such payments shall be made at least 30 days
before the start of the six month period, unless waived by the Authority. If Police Department is a
new PIMS user, then user's fees shall be charged from the date of PIMS installation. The first pay-
ment period for a new PIMS user shall be adjusted to coincide with the Authority's established
six-month billing cycle and may be for a period of other than six months.
PIMS User's Agreement
Elgin Police Department
Page 5 of 6
The Authority shall maintain a trust fund that is derived from user's fees contributed by police
departments subscribing to PIMS and other users of the Authority's criminal justice information sys-
tems. Funds shall be reserved in the trust fund to replace, upgrade, and obtain data processing and
related equipment required to operate PIMS.
SECTION 13. Training and User Documentation.
The Authority shall provide training to Police Department's PIMS Manager. It shall be the respon-
sibility of Police Department, through the PIMS Manager, to provide appropriate training to other
staff of Police Department. The Authority shall provide documentation to Police Department to as-
sist Police Department in using PIMS.
-SECTION 14. Term and Termination.
This agreement shall be effective on the date signed and shall remain in effect through June 30,
1987. The term of this agreement shall be extended for one-year periods, at a rate established by
the Authority, unless written notice of an intent not to renew this agreement is received at least 30
days before the end of any contract period.
SECTION 15. Amendment.
No waiver, modification, or alteration of the provisions of this agreement shall be binding unless in
writing and signed by duly authorized representatives of the parties.
SECTION 16. Severability.
If any provision of this agreement or the application thereof to any party or circumstance is held to
be invalid, such invalidity shall not affect other provisions or applications of the agreement which
can be given effect without the invalid provision or applications, and to this end the provisions of
this agreement are severable.
i
PIMS User's Agreement
Elgin Police Department
Page 6 of 6
SECTION 17. Integration of Entire Agreement.
This agreement contains the complete agreement, representations, and understanding between the
parties and supersedes any and all prior proposals or agreements, oral or written, all previous negotia-
tions, commitments, representations, and all other communications between the parties with respect
to PIMS software and support.
IN WITNESS WHEREOF, the parties cause this agreement to be executed by the proper officers and
officials.
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Executive P eWor, Illinois Criminal Justice Date
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Informati. ' uthority c`. gin City Ma •r'er/#Iteror Date
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C hof Po ice Date
March 19, 1986
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Renewal of PIMS Service Agreements
PURPOSE: The purpose of this memorandum is to renew the service agreements
for the Police Information Management System (PIMS) equipment.
BACKGROUND: Included as part of the 1986 budget is the continuation of the
service agreements with Hewlett-Packard Company for the Police Department' s
PIMS program equipment.
The attached Police Department memorandum includes copies of the service
agreements from Hewlett-Packard, which outline various payment options for
the City's consideration ; their memorandum also indicates that our cost for
this year's service agreements will be $475/month, which represents a $19/
month decrease from our current agreement.
FINANCIAL IMPACT: There are sufficient funds set aside for these service
agreements in the Police Department's budget under the general classification
"Service - Office Equipment' (Appropriation #050-850-5750) .
RECOMMENDATION : The recommendation is to approve option #1 for each of the
service agreements with Hewlett-Packard Company, which would result in pay-
ments of $475 per month for the Police Information Management System (PIMS)
Equipment.
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Attachments
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March 17, 1986
MEMORANDUM
TO: Michael Sarro
Purchasing Agent
FROM: Warren Heine
Deputy Police Chief
SUBJECT: Continuation of PIMS Service Agreements
with Hewlett-Packard
Attached to this memorandum are copies of two (2) letters from the
Hewlett-Packard Company concerning our existing service agreements under
purchase order #49779 for the Police Information Management System (PIMS) .
Both letters identify three (3) options available to the police department
for continuing our service agreements.
In keeping with our 1986 budget, I recommend that option #1 be exercised
by signing each document in the appropriate space and returning same to
Hewlett-Packard prior to April 30, 1986. The new costs, outlined below,
will then commence on approximately June 10, 1986.
The monthly costs identified in the attached letters have decreased from
those currently in effect, as hereafter detailed.
Current New
Agreement Costs (Month) Costs (Month)
2601H8931 $122 $123
2601H8951 $350 $328
2602F0401 $ 22 $ 24
Monthly Totals $494 $475
The new costs will total $19 per month less than the current monthly
costs.
As per our previous discussions, I request that authorization to sign the
two letters be obtained at the March 24, 1986, meeting of the City
Council .
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