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97-1162UTION �,,` ; `4 i �`` i �'`,,`�i � Presented By; Referred To: Council File # �[�'j —�� `� Green 5heet # 5 S� lu 11�1�1 �.YIy �\ Committee:Date: ai 1 RESOLVED, that the pi'en�r j!f Officials are hereby authurized and directed to egecute an 2 Automated Pawn System Service and Software License agreement with the City of Minneapolis. 3 A cogy of said agreement is to be kept on fde and of record in the Financial Services Department. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ao ai 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Department of: coil;ns Adopted by Council: Date: Adopfion Certified by Cou Secre tary: BY= '�� F�- ��.,�„_� Approved by�Mayor: Aate: �y: ��._---� �� u��`! ' AP597.XL5 B}': For I� Appro yor for ubmission to Council: BY� !�'�f C��%� EPIIRTAENTAFFICEiWf Police DNiACT PERSOfi S PHOI Chief Finnev i, 'L92-3588 �� TOTAL # OF SIGNA7URE PAGES �� H� 5��8� DATE INITtATED � �1,�, 1 ) ^ 8-15-97 GREEN SHEET � ��" INITIAVDATE iNIT1AVDA7E �DEPARTMENTDIRECTOR pNCOUNCIL ASSIGN CIT' ATT�RNEY CIN CIERK NUMBER POR a BV�� wRECTOR � FIN. 8 MGi SEFVICES i ROUIING ORUER � MAVOR (OR AS5ISTAN'f) � � (CL1P ALL LOCATIONS FOR SiGNATURE) The approving signatures of ihe SY. Paul Mayar, Director of Finanaal Services, Assistant City Attomey, and the Chief of Police are requested '+n rela6on to the City Couna! Resolution (sttached} authorizing the St. Pauf Pofice DepartmeM (SPPD) to eMer into an Automated Pawn System"' (APS) Service and _ PLANNINGCOMM1SStON __ CWIISEFiViCE _ CIB COMMRTEE __ _ _ STAFf _ . _DiSTRICTCOURi _, SUPPORTS WHICH COUNCIL O&IECTIVE? PERSONAL SERVICE CONiHACTS MUS7 ANSWER iHE FOLLOWING QUE5710NS: 1. Has this persoNfirm ever wwketl untler a contract for this department? YES NO 2. Has this personA'irm ever been a ciry empioyea? YES NO 3. Does this personttirm possess a skill not normally posseSSeA 6y any cmrent c1ty employae'+ YES NO Explalo all yes answers on asparata aheet and attaeh to green shee[ INITIATING PROBLEM. ISSUE.OPGEIRTUNIiV (Who. What, Wlren, Where, W�y): P!O{/�@i0 b �SSU@: �.3V( @IffOfCEf11E11t E7(p2flEfltB f0Y�f31�78f QfIVd[2 (HOPE(h( k+ ff2GUCf1lh! IIIYO�V2d 35 2�1@ ° (Nd O( (�h¢� C(Irt1E", IIISf(U�Uh! O( CI7RIE� Of 8(MIC �2MIIf1g t0 @6�dWISIt U1E OCCUREIIC2 Of IM41L0f1 Of Cflffl2. LICMSEd DUSIIIESSES. @.5�� P� �PS. � often tl�e coMuR (w Yerwe") bY which contraband is transported an�1la eonc�led. Curtent law �forcement effat� M regulate the pawn shop activities is over•burdened in its attempt to monita an average 550o monthly transactio� (whtch may coMain mu�tipie aems) ana �ch reported �pon a paper fortn. This Iack W enforcement eKkaey is a significant thr�t to the community's security and saiery. Opportunity: The Autamated Pawn SYstem"' (APS) is SPPD'S opportunity to strategiqiry interdict fiiegai iicensed pawn shap actirvNes by diminishing the poteMial for 0licit financiai �in b�h bythe would-be pawn sbop "fences" arM assocfated piminals. APS is an electronic me9hod tor (7) monfloring and regulating aIl pawn shop reportable trar�sactlw�s and (2) sharing pawn shop transaction data among {�articipati� APS kw eMwcement juris�iotia�s. Law EnforcemeM Advantages ` MuHi jurisdictional lines of �mmunication is established for pawn shop enfacement `M automateu system fa tracldng anNw s�ching for suspects and their activitiaa is created ' M automateu system to s�rch ta praperty of investiga6ve interest is created Ca'mmnity AdvaMages • The recovery of conhaba�M and evidenee is increased •' The recovery and retum of victim proptvty is improved • The discovery or detection of uime is aq�anded ` The teguYalory mechanism fa pavm shops is facilifated ' RPS enhances the good repuFation of the legfim�e atW honest pawn shop oparatiafs • APS discourag�, through an effective Paice Pjese�e, i�tGt P� �P a��Y• ' SPPD APS operates as a setFsuffwieM program f.e., rw general tax butden is ereated) A possib�ty, albeR highly rertwte, e�asts ttwt the MPD APS projeet would fail to achieve its intemal obj hves. � st � ��.�p�� r �� SE� 12 i��7 $f � �`� �9l Wiihout APS, SPPD remains overburdeneA an archa�eabpaper-itatensesystem oF paxm shop transacton �rep�i�g�n this conte�d, a viable enforcemeM operetion would require additional eleriqi and irrvesfigative shaffing. A negalive fiscal impad is cr�ted. AMOUNTOFTRANSACTION S rac souecE POlice Speciai �nd (436} COST/REVENUE BUDGETED (CIRCLE QNE) ACTIVITYNUMBER �3 5-341 1 9 VES NO AL INfOftMAT10N (EKPLAIN) I �� 1-��t.�- � AUTOMATED PAWN SYSTEM {APS) SERV[CE AND SOFTWARE LICENSE AGREEMENT This Agreement is made and entered into this day of , 19_ by and between the City of Minneapolis, a municipai corporation in the County of Hennepin, State of Minnesota, hereinafter referred to as City of Minneapolis or Licensor; and the City of St. Paul, a municipai corporation in the County of Ramsey, Sfate of Minnesota, hereafter referred fo as St. Pau( or Licensee. WHEREAS: The Minneapolis Police Department utilizes a compuferized pawn shop records system (APS Service orAUTOMATED PAWN SYSTEM Service); and WHEREAS: Licensee desires to take advantage of the APS Service developed and maintained by the Minneapolis Police Department; NpW, THEREFQRE, in consideration of the convenants contained herein, the parties agree as foilows: ARTiCLE L• Definitions Terms defined in this Article i, and parentheticaliy eisewhere, shall throughout the Agreement have the meanings here provided. Defined terms may be used in the singular or piuraf. "AgreemenY' means this Agraement and its Scheduies and Exhibits, which are incorporated in, and form an integrai part of, this Agreement. "AP5 SERVICE" and "AUTOMATED PAWN SYSTEM SERVICE" �efers to the propriefary pawn shop identification and tracking system developed by the City of Minneapofis; inciuding sofiv✓are, documentation, and enhancements. The Automated Pawn Service System consists of computing services, information-refated services, software, information and other content provided by the City of Minneapo(is, as weii as access to APS content provided by parties other than the City of Minneapolis (coilectively "Acquired MateriaP'). "Content" means pawn shop transaction records, data and information availabte on the APS Service. "Data Contributing Llcensee" means any licensee which licenses and regu4ates pawnbrokers or secondhand dealers, and requires them to suhmit 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 Sn addition to the Software described in Schedule 1. "Query Only Licensee" means any licensee which does not license or regulate pawnbrokers or secondhand deafers. ARTICLE Il: Saftware Defivery and instattation p:lword�apsk.ontactsUninnlsipauilagremM3.doc a�-��4�. The City of Minneapolis shall delivet to Licensee APS Service software in accordancs with Schedufe 1. Licensee shaif have the responsibility of softv✓are instailation. ARTiCLE 1►I: Title and Risk Title to the APS Service software, inciuding the ownership of ail copyrighfs, patents, trademarks, trade secrets and all other intellectual property rights subsisting in the software, documentaUon, enhancements, adapfations and to any modifications thereto shaii at afi times remain with fhe City of Minneapolis. ARTICLE IV: Payment Payment of the License and Use Fee shalf be in accordance with ihe 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 behaif of City of Minneapolis for purposes of accessing the APS Service on any machine(s) ot which Licensee is the primary user or which Licensee authorizes for use. Unauthorized copying of the sofitware, including software that has been modified, merged or inciuded with the Software, or the written materia(s associated therewith is expressly forbidden. Licensee may not sublicense, assign or transfer this license or the Software except as permitted by Cify of Minneapolis. Any attempt to sublicense, assign or transfer any of the rights, duties or obiigations under this license is void. LIGENSEE RESPONSIBI�lTY. Licensee shall be responsible for a(I access to and use of the APS Service through Licensee's account or password(s). ARTiCLE VI: LicensoPs Warranties and Limitations of Liability UCENSEE EXPRESSLY AGREES THAT USE OF THE APS SERVICE IS AT LICENSEE'S SOLE R15K. NEITHER CiTY OF MINNEAPQLIS NOR ANY OF ITS CONTENT PROV{�ERS, APS SERVICE PROVIDERS, LiCENSOR, EMPLOYEES OR AGENTS WAftRANT THA7 THE APS SERVMCE WILL BE UNINTERRUPTED OR ERftOR FREE; NdR DOES CITY OF MINNEAPOL{S OR ANY OF 1TS fNF(�RMATION OR CONTENT PROV{DERS, LICENSOR, EMPLOYEES OR AGENTS MAKE ANY WAftRANTY AS T� THE RESULTS TO BE OBTAiNEQ FRQM USE OF THE APS SERVlCE. THE APS SERVICE IS DISTRiBUTED ON A�1 "AS 1S" AND "A5 AVAILABLE" BASIS WITHOUT WARRANTlES OF ANY KIND, EITHER EXPRc55 OR {MPLfED, WCLUDING BUT NOT LIMITED TO WARRANT{ES OF TtTLE OR fMPLIED WARRANTIES OF MERCHANTABIL}TY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, EXCEPT FQR THOSE WARRANTIES, iF ANY, WHtCH ARE IMPLtED BY, AND INCAPABLE OF EXCLUSlON, RESTRiCTlON OR MODIFICATION UNDER, THE LAWS APPLiCABLE TQ THE LICENSE AGREEMENT. p:lwortl�aps�contactsUninnlstpaultagremnt3.doc 2 . �� —11 c.�— NEITHER ClTY OF MINNEAPOLiS NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, APS SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, 1NCIDENTAL, SPECfAL OR CONSEQUENTIAL DAMAGES ARIS{NG OUT OF USE OF THE APS SERVICE OR INABILITY TO USE THE APS SERVICE OR OUT OF ANY BREAGH OF ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, ARTfCLE VtL• Termination and Modification MODIFICATION OF TH{S LfCENSE AGREEMENT AND THE APS SERVICE. Upon notice, City of Minneapofis may modify this license Agreement, including, without limitation, pricing and bifling terms. City of Minneapotis may discontinue, add to, or revise any or ali aspects of the APS Service in its sole discretion and without notice. TERFAINATION BY UCENSEE. Licensee is free, if City o4 Minneapolis modified this License Agreement, the APS Service, or related pricing or biliing terms, to immediately terminate Licensee's account and this License Agreement. !n any event, Licenses may cancel this License Agreement, without cause, with a thirty (30} day written nofice. TERMINATION OR SUSPENSION BY CITY OF MINNEAPOLIS. City of Minneapolis may terminate tha Licensee's account and this License Agreement in the event ofi any breach ot this Agreemer�t by Licensee or a use of Licensee' account. City of Minnaapolis reserves the rights in its sofe discretion to terminate the Licsnsee's accouRt and this License Agreement at any time or to suspend (with or without notice) or terminate access to or use nf the APS Service, in who(e or in part, with respect fo any L+censee {and/or with respect to any user of Licensee's account) at any time. CONTINUATIONS OF OBUGATIONS. Notwithstanding any cancellafion or termination af this License Agreement or any account, nor any suspension �r termination of access to or use of the APS Service, Licensee will remain responsible for any obiigations then accrued, inc(uding payme�t of any charges thaf may be due as of or in connection with such actions. ARTiCLE Vttl: Use and Assignment LfMITATfON ON USE QF CONTENT. E�cept as expressly permitted in this License Agreement, neiiher License nor any user of Licertsee's accou�t may reproduce, distribute, transmit, publish or otherwise transfer, or commercialfy exp{oit, any content received or accessed through the APS Service. ILLEGAL PURPOSES p:twordlapslcontactstminnLstpaulWgremM3.doc . �11- � �t�a- Licensee agrees not to use fhe APS Service nor any of its elements or related faci{ities or capabilities to conduct any activity, or soticit the performance of any activity, which is prohibited by or wouid violate any applicable law, rufe, regulation or legai obligation. LIMfTS ON 7RAfJSFERS; OTHER LIMITS Uniess otherwise agreed in writing, Licensee's righf to use the APS Service, or to designate other users of its account, is not transferabie and is subject to any limits esfab{ished by City of Minneapofis. ARTtCLE IX: Entire Agreement This agreement, as weil as the additional maferials specificaily referred to herein as being a p�rt of ihis License Agreement, constitute the entire and only agreement with respect to the subject matter hereof {coAectively, the License Agreement"j 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 ail of fhe parties respective rights and duties in connection herewith shali be govemed by and construed in accordance with the laws of the United States of America, and, excluding confVicts rules, of the State of Minnesota. Any cause of action of �icensee, or by users of Licensee's account, with respect fo the APS Service or this License Agreement must be instituted within ore year after the ai or cause of action has arisen or be barred. oF ST . PnuL C{TY OF MlNNEAPOLIS Chief of Mayor Assistant City Attorney Attest: Cferk Countersigned: Finance Officer for Execufion Director of F" ancial Services �f 1 � S(�nccfl� b AttOR18y rUvf� �� !°Yten �t�et p:lworcPapsbontacfslminnlstpaui�agremnt3.doc °l1-�t`�- SCHEDU�E 1: APS SYSTEM AND OBLlGA710NS APS SYSTEM License for the use of the APS Service as described in this agreement applies to the instalfation of, usage, and access to the tollowing components on the {icensee's equipmenf: 1. APS Service client software and re{evant enhancemenYs (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) inc{uded on the APS Service ciient software. 3. APS Service oriented user docume�tation. fn addition, licensees are granted access to the following services as authorized in Schedule 2: 1. Access to the APS Se�vice central site database via network or dia{-up connection as authorized by the APS Service administrator. 2. Access to APS support staff hy licensee's APS Se�vice Jurisdiction Administrator for operational q�sestions related to accessing the service via network or dial-up connection. Use o£ Contents Neither ficensee 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 ailowed, in the conduct oE authorized investigations of criminai activity, or verification of compiiance with applicahle operational laws and regu(ations by pawnbrokers, secondhand dealers, or precious mefal dealers. Ancitlary Equipment Licensee is responsible for acquiring and maintaining aif telephone and computer hardware and services necessary to access and use the APS Service via network or dia(-up connecfion. Minimum Equipment Requiremenfs The minimum hardware configuration needed by licensee to access the APS Service is: Processor. 486 DX66, RAM: 16MB, Hard Drive: minimum 6 MB free, Floppy Drive: 3.5", Modem: 28.8 MHz, Operafing System: Windows 3.11 or Windows 95. Printer optional, but recommended. Operationai Responsibilities Every {icensee is responsible for the foliowing: 1. Instai{ation of afi hardware components, PC operating software, networking software and APS Service ciient software. 2. Designating an employee as the APS Service Jurisdiction Administrator. {5ee Schedule 1- A for current Jurisdiction Administrator roles and tasks.) 3: Designating an employee as the AP5 Service investigatorlUser Trainer. 4r 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: 1. Coordination and administrafion of the addition of licensed jurisdicfion dealers who wii! be sending da#a via modem to the APS Service centra( site. p:lwordlapslcontactsYninnlstpaul�agremnt3.doc °t1 • l �G'�- 2. Orientafion and training of dealers within the licensee's jurisdiction regarding APS Service dia!-up connection process, reporting requirements and error correction procedures. 3. Verificafion of the e(ectronic coilection of pawn and secondhand dealer transaction data as required by the licensee's applicabie ordinances. 4. Manual entry of pawn and secondhand transaction data when deafer(s) are unabie or faii 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 estab{ished by fhe Minneapolis APS Service Administrator. p:5word1ap5bontactslminnlstpauPagremnt3.doc �t'1- i lGa�- SCHEDULE 2: FAYMENT AND CHARGES FEES, TAXES AND OTHER CHARGES Licensee shalf pay ali appiicable taxes related to use of the APS Service by Licensee or by users of Licensee's account. Infarmation 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 fo Licensee, and Licensee agrees that this is sufficient notice for aIf purposes as to charges incurred and paid or to be paid to City of Minneapo{is. COMMENCEMENT AND DURATION OF LtCENSE FEES Licensee acknowledges that (subject to any exceptions granted by City of Minneapofis} a monthly Licenseeship wiil continue until Licensee cancels the account in accordance with the methods established by the City of Minneapolis (unless otherwise sooner terminated in accordance with this License Agreement). As provided for above, Licenseeship may be canceled by Licensee at any time. The monthfy Licenseeship fee shall cease to apply for any month after the billing month in which Licensee duly cancels. PAYMENT FOR SERVICES Licensee wil{ be invoiced monthly for prior month's fees and charges. Invoices are due and payable upon recaipt. lf payment is not received within 30 (thirty} days from date of invoice, licensor may suspend or terminate this license agreement. FEE SCHEDULE Data Contributing Licensee Setup and Training $1,05�.00 (Ail training requires and assumes working knowiedge of Microsoft WindowsTM'.) i. 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 ticensee's designated APS Service investigatorluser frainer at APS centraf site. 4. Additianaf invest+gatortuser training at APS cenfral site $45.00 per hour, per atfendee. Data Collecfion and Maintena�ce Fee $1.00 Each Siliabfe Transaction 1. Cofiection and maintenance administration of alf reportable and biilabie transaction intormation as definad by iicensee's ordinances and received via nerivork or dia{-up connection. 2. Monthly biiling to licensee of aA billable transactions received, which deafer they were submitted by, and whether they were electronicafly upfoaded from the deaier or manuaily entered by the licensee. Accsss Fee for Primary investigator{s)/User{s) Using Dial-up Connection $ NIC Per Month 1. Unlimited access to the APS Service for one (1} simultaneous designated user, via a dial-up connection, in accordance with the appiicabie portions of this agreement. p:\word�aps�contactslminnlstpauHagremnt3.doc q�-�tt�- Access Fee for Additional Simultaneous Investigator(s)/User(s) Using Diai-up Connection $58.00 Per Month/ Per User 1. Uniimited access to the APS Service database for each additional simultaneous connection by a designated user, via a dia{-up connection, in accordance with the app}icabie portions of this agreement. Access Fee for Primary {nvestigator(s)lUser(s) Using a Network Connecfion $ NtC Per Month 1. Uniimited access to the APS Service for one (1) simuftaneous designated user, via a network connection, in accordance with the appticabfe portions of this agreement. Access Fee for Additional Simultaneous fnvestigator(s)lUser{s) Using a Network Connection $43.0� Per Month Per User 1. Unlimited access to the APS Service database for each additional simuftaneous connection by a designated user, via a network connection, in accordance �vith the applicable portions of this agreement. p:�wordlapsbonfactsMinnlstpaut�agremnt3,doc g q�-1 ic��— SCHEDULE 1-A: APS SERVICE .lURlSDICTION ADMWfSTRATOR APS Service Jurisdiction Administrator The Licensee's APS Service Jurisdiction Administrator is responsible for the day-to-day operation of AP5 within the Licensee's jurisdiction. She (or he) is the point of contact for technicat and operational questions from Licensee's investigators and pawn dealers {Data Gontributing L'+censees Only). This person will interact regularly with the APS Administrator at the Minneapofis Police Department (MPD) on issues and questions regarding operations and policy which are system-wide (not just Licensee-specific). Primary functions include: • Provide focaf point for all APS Service operational and policy activity for L+censee, • Provide end user support as a"firsf call for heip" when questions or incidents occur regarding APS Service usage within Licensee's jurisdiction, • Maintain dia{ogue wifh APS Administrator at MPD for questions and suppoR issues, Startup Tasks (Ali Licensees) '1. Define a process or series of steps to receive, log, process and track APS suppoR calis (e.g. who gets called, what information to take, how to forward or ciose contact, how to accumulate statistics and track open contacis, etc.). 2. Gain familiarity with APS administrative screens to set up new users. Starfup Tasks (Data Contributing Licensees) 1. Gain familiarity with APS administrative screens to set up new dealers and support billirg functions (Data Contributing Licensees). 2. Gain Familiarity with the APS Service upload process and directory strucfure used for dealer upload fiies, fogs, archived transacfions (Data Contributing Licensees). Daily Tesks (All Licensees) 1. Respond to AP5 support calis. Log contacts, respond or refer contact to APS Administrator (MPD}, monitor resolution and ensure requester is contacted with resoiution. Daity� Tasks (Data Coniributing Licensees} 1. Review upload activity from previous evening fo ensure a11 Licensee's dealers submitted a transaction file. 2. Review administrator upload log for each store to assess whether frie was successfulfy processed or not 3. Confact dealers who have not subm+tted transact+on files or refer to Licensee's investigatorslregufators for foilow-up. 4. Review error history to ensure dealers are submitting corrections to previous transactions flagged as errors. 5. Perform random spot checks on upioaded data items using APS queries or reports to verify overalf data quality. 6 t Psriodicaily 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. Consuft with Licensee's investigatorslregulators on data quality issues to refer back to dealers for resolution er addifionai training. p:lwordlapslcontactslminn\stpaullagremnt3.doc 9 c�,� _ � t c. a— Monfhly Tasks (Data Contribufing Licensees? 1. Receive mon#hly bi{ling invoice and data from APS administration and generate appropriate remittance. 2. Reconcifelassembie monthfy biliing data and generate an invoice for each dealer in Licensee's }urisdiction required to report to fhe APS Service (Data Contributing Licensees). As Required Tasks {All Licensees) 1. Work with APS administration to identify enhancements, productivity tools, system bugs�nconsistencies so as to improve the service provided by APS. Z. Provide training to Licensee's users. p:lword�apslcontactslminnlstpaul�agremnt3.doc lp UTION �,,` ; `4 i �`` i �'`,,`�i � Presented By; Referred To: Council File # �[�'j —�� `� Green 5heet # 5 S� lu 11�1�1 �.YIy �\ Committee:Date: ai 1 RESOLVED, that the pi'en�r j!f Officials are hereby authurized and directed to egecute an 2 Automated Pawn System Service and Software License agreement with the City of Minneapolis. 3 A cogy of said agreement is to be kept on fde and of record in the Financial Services Department. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ao ai 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Department of: coil;ns Adopted by Council: Date: Adopfion Certified by Cou Secre tary: BY= '�� F�- ��.,�„_� Approved by�Mayor: Aate: �y: ��._---� �� u��`! ' AP597.XL5 B}': For I� Appro yor for ubmission to Council: BY� !�'�f C��%� EPIIRTAENTAFFICEiWf Police DNiACT PERSOfi S PHOI Chief Finnev i, 'L92-3588 �� TOTAL # OF SIGNA7URE PAGES �� H� 5��8� DATE INITtATED � �1,�, 1 ) ^ 8-15-97 GREEN SHEET � ��" INITIAVDATE iNIT1AVDA7E �DEPARTMENTDIRECTOR pNCOUNCIL ASSIGN CIT' ATT�RNEY CIN CIERK NUMBER POR a BV�� wRECTOR � FIN. 8 MGi SEFVICES i ROUIING ORUER � MAVOR (OR AS5ISTAN'f) � � (CL1P ALL LOCATIONS FOR SiGNATURE) The approving signatures of ihe SY. Paul Mayar, Director of Finanaal Services, Assistant City Attomey, and the Chief of Police are requested '+n rela6on to the City Couna! Resolution (sttached} authorizing the St. Pauf Pofice DepartmeM (SPPD) to eMer into an Automated Pawn System"' (APS) Service and _ PLANNINGCOMM1SStON __ CWIISEFiViCE _ CIB COMMRTEE __ _ _ STAFf _ . _DiSTRICTCOURi _, SUPPORTS WHICH COUNCIL O&IECTIVE? PERSONAL SERVICE CONiHACTS MUS7 ANSWER iHE FOLLOWING QUE5710NS: 1. Has this persoNfirm ever wwketl untler a contract for this department? YES NO 2. Has this personA'irm ever been a ciry empioyea? YES NO 3. Does this personttirm possess a skill not normally posseSSeA 6y any cmrent c1ty employae'+ YES NO Explalo all yes answers on asparata aheet and attaeh to green shee[ INITIATING PROBLEM. ISSUE.OPGEIRTUNIiV (Who. What, Wlren, Where, W�y): P!O{/�@i0 b �SSU@: �.3V( @IffOfCEf11E11t E7(p2flEfltB f0Y�f31�78f QfIVd[2 (HOPE(h( k+ ff2GUCf1lh! IIIYO�V2d 35 2�1@ ° (Nd O( (�h¢� C(Irt1E", IIISf(U�Uh! O( CI7RIE� Of 8(MIC �2MIIf1g t0 @6�dWISIt U1E OCCUREIIC2 Of IM41L0f1 Of Cflffl2. LICMSEd DUSIIIESSES. @.5�� P� �PS. � often tl�e coMuR (w Yerwe") bY which contraband is transported an�1la eonc�led. Curtent law �forcement effat� M regulate the pawn shop activities is over•burdened in its attempt to monita an average 550o monthly transactio� (whtch may coMain mu�tipie aems) ana �ch reported �pon a paper fortn. This Iack W enforcement eKkaey is a significant thr�t to the community's security and saiery. Opportunity: The Autamated Pawn SYstem"' (APS) is SPPD'S opportunity to strategiqiry interdict fiiegai iicensed pawn shap actirvNes by diminishing the poteMial for 0licit financiai �in b�h bythe would-be pawn sbop "fences" arM assocfated piminals. APS is an electronic me9hod tor (7) monfloring and regulating aIl pawn shop reportable trar�sactlw�s and (2) sharing pawn shop transaction data among {�articipati� APS kw eMwcement juris�iotia�s. Law EnforcemeM Advantages ` MuHi jurisdictional lines of �mmunication is established for pawn shop enfacement `M automateu system fa tracldng anNw s�ching for suspects and their activitiaa is created ' M automateu system to s�rch ta praperty of investiga6ve interest is created Ca'mmnity AdvaMages • The recovery of conhaba�M and evidenee is increased •' The recovery and retum of victim proptvty is improved • The discovery or detection of uime is aq�anded ` The teguYalory mechanism fa pavm shops is facilifated ' RPS enhances the good repuFation of the legfim�e atW honest pawn shop oparatiafs • APS discourag�, through an effective Paice Pjese�e, i�tGt P� �P a��Y• ' SPPD APS operates as a setFsuffwieM program f.e., rw general tax butden is ereated) A possib�ty, albeR highly rertwte, e�asts ttwt the MPD APS projeet would fail to achieve its intemal obj hves. � st � ��.�p�� r �� SE� 12 i��7 $f � �`� �9l Wiihout APS, SPPD remains overburdeneA an archa�eabpaper-itatensesystem oF paxm shop transacton �rep�i�g�n this conte�d, a viable enforcemeM operetion would require additional eleriqi and irrvesfigative shaffing. A negalive fiscal impad is cr�ted. AMOUNTOFTRANSACTION S rac souecE POlice Speciai �nd (436} COST/REVENUE BUDGETED (CIRCLE QNE) ACTIVITYNUMBER �3 5-341 1 9 VES NO AL INfOftMAT10N (EKPLAIN) I �� 1-��t.�- � AUTOMATED PAWN SYSTEM {APS) SERV[CE AND SOFTWARE LICENSE AGREEMENT This Agreement is made and entered into this day of , 19_ by and between the City of Minneapolis, a municipai corporation in the County of Hennepin, State of Minnesota, hereinafter referred to as City of Minneapolis or Licensor; and the City of St. Paul, a municipai corporation in the County of Ramsey, Sfate of Minnesota, hereafter referred fo as St. Pau( or Licensee. WHEREAS: The Minneapolis Police Department utilizes a compuferized pawn shop records system (APS Service orAUTOMATED PAWN SYSTEM Service); and WHEREAS: Licensee desires to take advantage of the APS Service developed and maintained by the Minneapolis Police Department; NpW, THEREFQRE, in consideration of the convenants contained herein, the parties agree as foilows: ARTiCLE L• Definitions Terms defined in this Article i, and parentheticaliy eisewhere, shall throughout the Agreement have the meanings here provided. Defined terms may be used in the singular or piuraf. "AgreemenY' means this Agraement and its Scheduies and Exhibits, which are incorporated in, and form an integrai part of, this Agreement. "AP5 SERVICE" and "AUTOMATED PAWN SYSTEM SERVICE" �efers to the propriefary pawn shop identification and tracking system developed by the City of Minneapofis; inciuding sofiv✓are, documentation, and enhancements. The Automated Pawn Service System consists of computing services, information-refated services, software, information and other content provided by the City of Minneapo(is, as weii as access to APS content provided by parties other than the City of Minneapolis (coilectively "Acquired MateriaP'). "Content" means pawn shop transaction records, data and information availabte on the APS Service. "Data Contributing Llcensee" means any licensee which licenses and regu4ates pawnbrokers or secondhand dealers, and requires them to suhmit 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 Sn addition to the Software described in Schedule 1. "Query Only Licensee" means any licensee which does not license or regulate pawnbrokers or secondhand deafers. ARTICLE Il: Saftware Defivery and instattation p:lword�apsk.ontactsUninnlsipauilagremM3.doc a�-��4�. The City of Minneapolis shall delivet to Licensee APS Service software in accordancs with Schedufe 1. Licensee shaif have the responsibility of softv✓are instailation. ARTiCLE 1►I: Title and Risk Title to the APS Service software, inciuding the ownership of ail copyrighfs, patents, trademarks, trade secrets and all other intellectual property rights subsisting in the software, documentaUon, enhancements, adapfations and to any modifications thereto shaii at afi times remain with fhe City of Minneapolis. ARTICLE IV: Payment Payment of the License and Use Fee shalf be in accordance with ihe 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 behaif of City of Minneapolis for purposes of accessing the APS Service on any machine(s) ot which Licensee is the primary user or which Licensee authorizes for use. Unauthorized copying of the sofitware, including software that has been modified, merged or inciuded with the Software, or the written materia(s associated therewith is expressly forbidden. Licensee may not sublicense, assign or transfer this license or the Software except as permitted by Cify of Minneapolis. Any attempt to sublicense, assign or transfer any of the rights, duties or obiigations under this license is void. LIGENSEE RESPONSIBI�lTY. Licensee shall be responsible for a(I access to and use of the APS Service through Licensee's account or password(s). ARTiCLE VI: LicensoPs Warranties and Limitations of Liability UCENSEE EXPRESSLY AGREES THAT USE OF THE APS SERVICE IS AT LICENSEE'S SOLE R15K. NEITHER CiTY OF MINNEAPQLIS NOR ANY OF ITS CONTENT PROV{�ERS, APS SERVICE PROVIDERS, LiCENSOR, EMPLOYEES OR AGENTS WAftRANT THA7 THE APS SERVMCE WILL BE UNINTERRUPTED OR ERftOR FREE; NdR DOES CITY OF MINNEAPOL{S OR ANY OF 1TS fNF(�RMATION OR CONTENT PROV{DERS, LICENSOR, EMPLOYEES OR AGENTS MAKE ANY WAftRANTY AS T� THE RESULTS TO BE OBTAiNEQ FRQM USE OF THE APS SERVlCE. THE APS SERVICE IS DISTRiBUTED ON A�1 "AS 1S" AND "A5 AVAILABLE" BASIS WITHOUT WARRANTlES OF ANY KIND, EITHER EXPRc55 OR {MPLfED, WCLUDING BUT NOT LIMITED TO WARRANT{ES OF TtTLE OR fMPLIED WARRANTIES OF MERCHANTABIL}TY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, EXCEPT FQR THOSE WARRANTIES, iF ANY, WHtCH ARE IMPLtED BY, AND INCAPABLE OF EXCLUSlON, RESTRiCTlON OR MODIFICATION UNDER, THE LAWS APPLiCABLE TQ THE LICENSE AGREEMENT. p:lwortl�aps�contactsUninnlstpaultagremnt3.doc 2 . �� —11 c.�— NEITHER ClTY OF MINNEAPOLiS NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, APS SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, 1NCIDENTAL, SPECfAL OR CONSEQUENTIAL DAMAGES ARIS{NG OUT OF USE OF THE APS SERVICE OR INABILITY TO USE THE APS SERVICE OR OUT OF ANY BREAGH OF ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, ARTfCLE VtL• Termination and Modification MODIFICATION OF TH{S LfCENSE AGREEMENT AND THE APS SERVICE. Upon notice, City of Minneapofis may modify this license Agreement, including, without limitation, pricing and bifling terms. City of Minneapotis may discontinue, add to, or revise any or ali aspects of the APS Service in its sole discretion and without notice. TERFAINATION BY UCENSEE. Licensee is free, if City o4 Minneapolis modified this License Agreement, the APS Service, or related pricing or biliing terms, to immediately terminate Licensee's account and this License Agreement. !n any event, Licenses may cancel this License Agreement, without cause, with a thirty (30} day written nofice. TERMINATION OR SUSPENSION BY CITY OF MINNEAPOLIS. City of Minneapolis may terminate tha Licensee's account and this License Agreement in the event ofi any breach ot this Agreemer�t by Licensee or a use of Licensee' account. City of Minnaapolis reserves the rights in its sofe discretion to terminate the Licsnsee's accouRt and this License Agreement at any time or to suspend (with or without notice) or terminate access to or use nf the APS Service, in who(e or in part, with respect fo any L+censee {and/or with respect to any user of Licensee's account) at any time. CONTINUATIONS OF OBUGATIONS. Notwithstanding any cancellafion or termination af this License Agreement or any account, nor any suspension �r termination of access to or use of the APS Service, Licensee will remain responsible for any obiigations then accrued, inc(uding payme�t of any charges thaf may be due as of or in connection with such actions. ARTiCLE Vttl: Use and Assignment LfMITATfON ON USE QF CONTENT. E�cept as expressly permitted in this License Agreement, neiiher License nor any user of Licertsee's accou�t may reproduce, distribute, transmit, publish or otherwise transfer, or commercialfy exp{oit, any content received or accessed through the APS Service. ILLEGAL PURPOSES p:twordlapslcontactstminnLstpaulWgremM3.doc . �11- � �t�a- Licensee agrees not to use fhe APS Service nor any of its elements or related faci{ities or capabilities to conduct any activity, or soticit the performance of any activity, which is prohibited by or wouid violate any applicable law, rufe, regulation or legai obligation. LIMfTS ON 7RAfJSFERS; OTHER LIMITS Uniess otherwise agreed in writing, Licensee's righf to use the APS Service, or to designate other users of its account, is not transferabie and is subject to any limits esfab{ished by City of Minneapofis. ARTtCLE IX: Entire Agreement This agreement, as weil as the additional maferials specificaily referred to herein as being a p�rt of ihis License Agreement, constitute the entire and only agreement with respect to the subject matter hereof {coAectively, the License Agreement"j 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 ail of fhe parties respective rights and duties in connection herewith shali be govemed by and construed in accordance with the laws of the United States of America, and, excluding confVicts rules, of the State of Minnesota. Any cause of action of �icensee, or by users of Licensee's account, with respect fo the APS Service or this License Agreement must be instituted within ore year after the ai or cause of action has arisen or be barred. oF ST . PnuL C{TY OF MlNNEAPOLIS Chief of Mayor Assistant City Attorney Attest: Cferk Countersigned: Finance Officer for Execufion Director of F" ancial Services �f 1 � S(�nccfl� b AttOR18y rUvf� �� !°Yten �t�et p:lworcPapsbontacfslminnlstpaui�agremnt3.doc °l1-�t`�- SCHEDU�E 1: APS SYSTEM AND OBLlGA710NS APS SYSTEM License for the use of the APS Service as described in this agreement applies to the instalfation of, usage, and access to the tollowing components on the {icensee's equipmenf: 1. APS Service client software and re{evant enhancemenYs (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) inc{uded on the APS Service ciient software. 3. APS Service oriented user docume�tation. fn addition, licensees are granted access to the following services as authorized in Schedule 2: 1. Access to the APS Se�vice central site database via network or dia{-up connection as authorized by the APS Service administrator. 2. Access to APS support staff hy licensee's APS Se�vice Jurisdiction Administrator for operational q�sestions related to accessing the service via network or dial-up connection. Use o£ Contents Neither ficensee 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 ailowed, in the conduct oE authorized investigations of criminai activity, or verification of compiiance with applicahle operational laws and regu(ations by pawnbrokers, secondhand dealers, or precious mefal dealers. Ancitlary Equipment Licensee is responsible for acquiring and maintaining aif telephone and computer hardware and services necessary to access and use the APS Service via network or dia(-up connecfion. Minimum Equipment Requiremenfs The minimum hardware configuration needed by licensee to access the APS Service is: Processor. 486 DX66, RAM: 16MB, Hard Drive: minimum 6 MB free, Floppy Drive: 3.5", Modem: 28.8 MHz, Operafing System: Windows 3.11 or Windows 95. Printer optional, but recommended. Operationai Responsibilities Every {icensee is responsible for the foliowing: 1. Instai{ation of afi hardware components, PC operating software, networking software and APS Service ciient software. 2. Designating an employee as the APS Service Jurisdiction Administrator. {5ee Schedule 1- A for current Jurisdiction Administrator roles and tasks.) 3: Designating an employee as the AP5 Service investigatorlUser Trainer. 4r 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: 1. Coordination and administrafion of the addition of licensed jurisdicfion dealers who wii! be sending da#a via modem to the APS Service centra( site. p:lwordlapslcontactsYninnlstpaul�agremnt3.doc °t1 • l �G'�- 2. Orientafion and training of dealers within the licensee's jurisdiction regarding APS Service dia!-up connection process, reporting requirements and error correction procedures. 3. Verificafion of the e(ectronic coilection of pawn and secondhand dealer transaction data as required by the licensee's applicabie ordinances. 4. Manual entry of pawn and secondhand transaction data when deafer(s) are unabie or faii 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 estab{ished by fhe Minneapolis APS Service Administrator. p:5word1ap5bontactslminnlstpauPagremnt3.doc �t'1- i lGa�- SCHEDULE 2: FAYMENT AND CHARGES FEES, TAXES AND OTHER CHARGES Licensee shalf pay ali appiicable taxes related to use of the APS Service by Licensee or by users of Licensee's account. Infarmation 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 fo Licensee, and Licensee agrees that this is sufficient notice for aIf purposes as to charges incurred and paid or to be paid to City of Minneapo{is. COMMENCEMENT AND DURATION OF LtCENSE FEES Licensee acknowledges that (subject to any exceptions granted by City of Minneapofis} a monthly Licenseeship wiil continue until Licensee cancels the account in accordance with the methods established by the City of Minneapolis (unless otherwise sooner terminated in accordance with this License Agreement). As provided for above, Licenseeship may be canceled by Licensee at any time. The monthfy Licenseeship fee shall cease to apply for any month after the billing month in which Licensee duly cancels. PAYMENT FOR SERVICES Licensee wil{ be invoiced monthly for prior month's fees and charges. Invoices are due and payable upon recaipt. lf payment is not received within 30 (thirty} days from date of invoice, licensor may suspend or terminate this license agreement. FEE SCHEDULE Data Contributing Licensee Setup and Training $1,05�.00 (Ail training requires and assumes working knowiedge of Microsoft WindowsTM'.) i. 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 ticensee's designated APS Service investigatorluser frainer at APS centraf site. 4. Additianaf invest+gatortuser training at APS cenfral site $45.00 per hour, per atfendee. Data Collecfion and Maintena�ce Fee $1.00 Each Siliabfe Transaction 1. Cofiection and maintenance administration of alf reportable and biilabie transaction intormation as definad by iicensee's ordinances and received via nerivork or dia{-up connection. 2. Monthly biiling to licensee of aA billable transactions received, which deafer they were submitted by, and whether they were electronicafly upfoaded from the deaier or manuaily entered by the licensee. Accsss Fee for Primary investigator{s)/User{s) Using Dial-up Connection $ NIC Per Month 1. Unlimited access to the APS Service for one (1} simultaneous designated user, via a dial-up connection, in accordance with the appiicabie portions of this agreement. p:\word�aps�contactslminnlstpauHagremnt3.doc q�-�tt�- Access Fee for Additional Simultaneous Investigator(s)/User(s) Using Diai-up Connection $58.00 Per Month/ Per User 1. Uniimited access to the APS Service database for each additional simultaneous connection by a designated user, via a dia{-up connection, in accordance with the app}icabie portions of this agreement. Access Fee for Primary {nvestigator(s)lUser(s) Using a Network Connecfion $ NtC Per Month 1. Uniimited access to the APS Service for one (1) simuftaneous designated user, via a network connection, in accordance with the appticabfe portions of this agreement. Access Fee for Additional Simultaneous fnvestigator(s)lUser{s) Using a Network Connection $43.0� Per Month Per User 1. Unlimited access to the APS Service database for each additional simuftaneous connection by a designated user, via a network connection, in accordance �vith the applicable portions of this agreement. p:�wordlapsbonfactsMinnlstpaut�agremnt3,doc g q�-1 ic��— SCHEDULE 1-A: APS SERVICE .lURlSDICTION ADMWfSTRATOR APS Service Jurisdiction Administrator The Licensee's APS Service Jurisdiction Administrator is responsible for the day-to-day operation of AP5 within the Licensee's jurisdiction. She (or he) is the point of contact for technicat and operational questions from Licensee's investigators and pawn dealers {Data Gontributing L'+censees Only). This person will interact regularly with the APS Administrator at the Minneapofis Police Department (MPD) on issues and questions regarding operations and policy which are system-wide (not just Licensee-specific). Primary functions include: • Provide focaf point for all APS Service operational and policy activity for L+censee, • Provide end user support as a"firsf call for heip" when questions or incidents occur regarding APS Service usage within Licensee's jurisdiction, • Maintain dia{ogue wifh APS Administrator at MPD for questions and suppoR issues, Startup Tasks (Ali Licensees) '1. Define a process or series of steps to receive, log, process and track APS suppoR calis (e.g. who gets called, what information to take, how to forward or ciose contact, how to accumulate statistics and track open contacis, etc.). 2. Gain familiarity with APS administrative screens to set up new users. Starfup Tasks (Data Contributing Licensees) 1. Gain familiarity with APS administrative screens to set up new dealers and support billirg functions (Data Contributing Licensees). 2. Gain Familiarity with the APS Service upload process and directory strucfure used for dealer upload fiies, fogs, archived transacfions (Data Contributing Licensees). Daily Tesks (All Licensees) 1. Respond to AP5 support calis. Log contacts, respond or refer contact to APS Administrator (MPD}, monitor resolution and ensure requester is contacted with resoiution. Daity� Tasks (Data Coniributing Licensees} 1. Review upload activity from previous evening fo ensure a11 Licensee's dealers submitted a transaction file. 2. Review administrator upload log for each store to assess whether frie was successfulfy processed or not 3. Confact dealers who have not subm+tted transact+on files or refer to Licensee's investigatorslregufators for foilow-up. 4. Review error history to ensure dealers are submitting corrections to previous transactions flagged as errors. 5. Perform random spot checks on upioaded data items using APS queries or reports to verify overalf data quality. 6 t Psriodicaily 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. Consuft with Licensee's investigatorslregulators on data quality issues to refer back to dealers for resolution er addifionai training. p:lwordlapslcontactslminn\stpaullagremnt3.doc 9 c�,� _ � t c. a— Monfhly Tasks (Data Contribufing Licensees? 1. Receive mon#hly bi{ling invoice and data from APS administration and generate appropriate remittance. 2. Reconcifelassembie monthfy biliing data and generate an invoice for each dealer in Licensee's }urisdiction required to report to fhe APS Service (Data Contributing Licensees). As Required Tasks {All Licensees) 1. Work with APS administration to identify enhancements, productivity tools, system bugs�nconsistencies so as to improve the service provided by APS. Z. Provide training to Licensee's users. p:lword�apslcontactslminnlstpaul�agremnt3.doc lp UTION �,,` ; `4 i �`` i �'`,,`�i � Presented By; Referred To: Council File # �[�'j —�� `� Green 5heet # 5 S� lu 11�1�1 �.YIy �\ Committee:Date: ai 1 RESOLVED, that the pi'en�r j!f Officials are hereby authurized and directed to egecute an 2 Automated Pawn System Service and Software License agreement with the City of Minneapolis. 3 A cogy of said agreement is to be kept on fde and of record in the Financial Services Department. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ao ai 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Department of: coil;ns Adopted by Council: Date: Adopfion Certified by Cou Secre tary: BY= '�� F�- ��.,�„_� Approved by�Mayor: Aate: �y: ��._---� �� u��`! ' AP597.XL5 B}': For I� Appro yor for ubmission to Council: BY� !�'�f C��%� EPIIRTAENTAFFICEiWf Police DNiACT PERSOfi S PHOI Chief Finnev i, 'L92-3588 �� TOTAL # OF SIGNA7URE PAGES �� H� 5��8� DATE INITtATED � �1,�, 1 ) ^ 8-15-97 GREEN SHEET � ��" INITIAVDATE iNIT1AVDA7E �DEPARTMENTDIRECTOR pNCOUNCIL ASSIGN CIT' ATT�RNEY CIN CIERK NUMBER POR a BV�� wRECTOR � FIN. 8 MGi SEFVICES i ROUIING ORUER � MAVOR (OR AS5ISTAN'f) � � (CL1P ALL LOCATIONS FOR SiGNATURE) The approving signatures of ihe SY. Paul Mayar, Director of Finanaal Services, Assistant City Attomey, and the Chief of Police are requested '+n rela6on to the City Couna! Resolution (sttached} authorizing the St. Pauf Pofice DepartmeM (SPPD) to eMer into an Automated Pawn System"' (APS) Service and _ PLANNINGCOMM1SStON __ CWIISEFiViCE _ CIB COMMRTEE __ _ _ STAFf _ . _DiSTRICTCOURi _, SUPPORTS WHICH COUNCIL O&IECTIVE? PERSONAL SERVICE CONiHACTS MUS7 ANSWER iHE FOLLOWING QUE5710NS: 1. Has this persoNfirm ever wwketl untler a contract for this department? YES NO 2. Has this personA'irm ever been a ciry empioyea? YES NO 3. Does this personttirm possess a skill not normally posseSSeA 6y any cmrent c1ty employae'+ YES NO Explalo all yes answers on asparata aheet and attaeh to green shee[ INITIATING PROBLEM. ISSUE.OPGEIRTUNIiV (Who. What, Wlren, Where, W�y): P!O{/�@i0 b �SSU@: �.3V( @IffOfCEf11E11t E7(p2flEfltB f0Y�f31�78f QfIVd[2 (HOPE(h( k+ ff2GUCf1lh! IIIYO�V2d 35 2�1@ ° (Nd O( (�h¢� C(Irt1E", IIISf(U�Uh! O( CI7RIE� Of 8(MIC �2MIIf1g t0 @6�dWISIt U1E OCCUREIIC2 Of IM41L0f1 Of Cflffl2. LICMSEd DUSIIIESSES. @.5�� P� �PS. � often tl�e coMuR (w Yerwe") bY which contraband is transported an�1la eonc�led. Curtent law �forcement effat� M regulate the pawn shop activities is over•burdened in its attempt to monita an average 550o monthly transactio� (whtch may coMain mu�tipie aems) ana �ch reported �pon a paper fortn. This Iack W enforcement eKkaey is a significant thr�t to the community's security and saiery. Opportunity: The Autamated Pawn SYstem"' (APS) is SPPD'S opportunity to strategiqiry interdict fiiegai iicensed pawn shap actirvNes by diminishing the poteMial for 0licit financiai �in b�h bythe would-be pawn sbop "fences" arM assocfated piminals. APS is an electronic me9hod tor (7) monfloring and regulating aIl pawn shop reportable trar�sactlw�s and (2) sharing pawn shop transaction data among {�articipati� APS kw eMwcement juris�iotia�s. Law EnforcemeM Advantages ` MuHi jurisdictional lines of �mmunication is established for pawn shop enfacement `M automateu system fa tracldng anNw s�ching for suspects and their activitiaa is created ' M automateu system to s�rch ta praperty of investiga6ve interest is created Ca'mmnity AdvaMages • The recovery of conhaba�M and evidenee is increased •' The recovery and retum of victim proptvty is improved • The discovery or detection of uime is aq�anded ` The teguYalory mechanism fa pavm shops is facilifated ' RPS enhances the good repuFation of the legfim�e atW honest pawn shop oparatiafs • APS discourag�, through an effective Paice Pjese�e, i�tGt P� �P a��Y• ' SPPD APS operates as a setFsuffwieM program f.e., rw general tax butden is ereated) A possib�ty, albeR highly rertwte, e�asts ttwt the MPD APS projeet would fail to achieve its intemal obj hves. � st � ��.�p�� r �� SE� 12 i��7 $f � �`� �9l Wiihout APS, SPPD remains overburdeneA an archa�eabpaper-itatensesystem oF paxm shop transacton �rep�i�g�n this conte�d, a viable enforcemeM operetion would require additional eleriqi and irrvesfigative shaffing. A negalive fiscal impad is cr�ted. AMOUNTOFTRANSACTION S rac souecE POlice Speciai �nd (436} COST/REVENUE BUDGETED (CIRCLE QNE) ACTIVITYNUMBER �3 5-341 1 9 VES NO AL INfOftMAT10N (EKPLAIN) I �� 1-��t.�- � AUTOMATED PAWN SYSTEM {APS) SERV[CE AND SOFTWARE LICENSE AGREEMENT This Agreement is made and entered into this day of , 19_ by and between the City of Minneapolis, a municipai corporation in the County of Hennepin, State of Minnesota, hereinafter referred to as City of Minneapolis or Licensor; and the City of St. Paul, a municipai corporation in the County of Ramsey, Sfate of Minnesota, hereafter referred fo as St. Pau( or Licensee. WHEREAS: The Minneapolis Police Department utilizes a compuferized pawn shop records system (APS Service orAUTOMATED PAWN SYSTEM Service); and WHEREAS: Licensee desires to take advantage of the APS Service developed and maintained by the Minneapolis Police Department; NpW, THEREFQRE, in consideration of the convenants contained herein, the parties agree as foilows: ARTiCLE L• Definitions Terms defined in this Article i, and parentheticaliy eisewhere, shall throughout the Agreement have the meanings here provided. Defined terms may be used in the singular or piuraf. "AgreemenY' means this Agraement and its Scheduies and Exhibits, which are incorporated in, and form an integrai part of, this Agreement. "AP5 SERVICE" and "AUTOMATED PAWN SYSTEM SERVICE" �efers to the propriefary pawn shop identification and tracking system developed by the City of Minneapofis; inciuding sofiv✓are, documentation, and enhancements. The Automated Pawn Service System consists of computing services, information-refated services, software, information and other content provided by the City of Minneapo(is, as weii as access to APS content provided by parties other than the City of Minneapolis (coilectively "Acquired MateriaP'). "Content" means pawn shop transaction records, data and information availabte on the APS Service. "Data Contributing Llcensee" means any licensee which licenses and regu4ates pawnbrokers or secondhand dealers, and requires them to suhmit 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 Sn addition to the Software described in Schedule 1. "Query Only Licensee" means any licensee which does not license or regulate pawnbrokers or secondhand deafers. ARTICLE Il: Saftware Defivery and instattation p:lword�apsk.ontactsUninnlsipauilagremM3.doc a�-��4�. The City of Minneapolis shall delivet to Licensee APS Service software in accordancs with Schedufe 1. Licensee shaif have the responsibility of softv✓are instailation. ARTiCLE 1►I: Title and Risk Title to the APS Service software, inciuding the ownership of ail copyrighfs, patents, trademarks, trade secrets and all other intellectual property rights subsisting in the software, documentaUon, enhancements, adapfations and to any modifications thereto shaii at afi times remain with fhe City of Minneapolis. ARTICLE IV: Payment Payment of the License and Use Fee shalf be in accordance with ihe 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 behaif of City of Minneapolis for purposes of accessing the APS Service on any machine(s) ot which Licensee is the primary user or which Licensee authorizes for use. Unauthorized copying of the sofitware, including software that has been modified, merged or inciuded with the Software, or the written materia(s associated therewith is expressly forbidden. Licensee may not sublicense, assign or transfer this license or the Software except as permitted by Cify of Minneapolis. Any attempt to sublicense, assign or transfer any of the rights, duties or obiigations under this license is void. LIGENSEE RESPONSIBI�lTY. Licensee shall be responsible for a(I access to and use of the APS Service through Licensee's account or password(s). ARTiCLE VI: LicensoPs Warranties and Limitations of Liability UCENSEE EXPRESSLY AGREES THAT USE OF THE APS SERVICE IS AT LICENSEE'S SOLE R15K. NEITHER CiTY OF MINNEAPQLIS NOR ANY OF ITS CONTENT PROV{�ERS, APS SERVICE PROVIDERS, LiCENSOR, EMPLOYEES OR AGENTS WAftRANT THA7 THE APS SERVMCE WILL BE UNINTERRUPTED OR ERftOR FREE; NdR DOES CITY OF MINNEAPOL{S OR ANY OF 1TS fNF(�RMATION OR CONTENT PROV{DERS, LICENSOR, EMPLOYEES OR AGENTS MAKE ANY WAftRANTY AS T� THE RESULTS TO BE OBTAiNEQ FRQM USE OF THE APS SERVlCE. THE APS SERVICE IS DISTRiBUTED ON A�1 "AS 1S" AND "A5 AVAILABLE" BASIS WITHOUT WARRANTlES OF ANY KIND, EITHER EXPRc55 OR {MPLfED, WCLUDING BUT NOT LIMITED TO WARRANT{ES OF TtTLE OR fMPLIED WARRANTIES OF MERCHANTABIL}TY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, EXCEPT FQR THOSE WARRANTIES, iF ANY, WHtCH ARE IMPLtED BY, AND INCAPABLE OF EXCLUSlON, RESTRiCTlON OR MODIFICATION UNDER, THE LAWS APPLiCABLE TQ THE LICENSE AGREEMENT. p:lwortl�aps�contactsUninnlstpaultagremnt3.doc 2 . �� —11 c.�— NEITHER ClTY OF MINNEAPOLiS NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, APS SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, 1NCIDENTAL, SPECfAL OR CONSEQUENTIAL DAMAGES ARIS{NG OUT OF USE OF THE APS SERVICE OR INABILITY TO USE THE APS SERVICE OR OUT OF ANY BREAGH OF ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, ARTfCLE VtL• Termination and Modification MODIFICATION OF TH{S LfCENSE AGREEMENT AND THE APS SERVICE. Upon notice, City of Minneapofis may modify this license Agreement, including, without limitation, pricing and bifling terms. City of Minneapotis may discontinue, add to, or revise any or ali aspects of the APS Service in its sole discretion and without notice. TERFAINATION BY UCENSEE. Licensee is free, if City o4 Minneapolis modified this License Agreement, the APS Service, or related pricing or biliing terms, to immediately terminate Licensee's account and this License Agreement. !n any event, Licenses may cancel this License Agreement, without cause, with a thirty (30} day written nofice. TERMINATION OR SUSPENSION BY CITY OF MINNEAPOLIS. City of Minneapolis may terminate tha Licensee's account and this License Agreement in the event ofi any breach ot this Agreemer�t by Licensee or a use of Licensee' account. City of Minnaapolis reserves the rights in its sofe discretion to terminate the Licsnsee's accouRt and this License Agreement at any time or to suspend (with or without notice) or terminate access to or use nf the APS Service, in who(e or in part, with respect fo any L+censee {and/or with respect to any user of Licensee's account) at any time. CONTINUATIONS OF OBUGATIONS. Notwithstanding any cancellafion or termination af this License Agreement or any account, nor any suspension �r termination of access to or use of the APS Service, Licensee will remain responsible for any obiigations then accrued, inc(uding payme�t of any charges thaf may be due as of or in connection with such actions. ARTiCLE Vttl: Use and Assignment LfMITATfON ON USE QF CONTENT. E�cept as expressly permitted in this License Agreement, neiiher License nor any user of Licertsee's accou�t may reproduce, distribute, transmit, publish or otherwise transfer, or commercialfy exp{oit, any content received or accessed through the APS Service. ILLEGAL PURPOSES p:twordlapslcontactstminnLstpaulWgremM3.doc . �11- � �t�a- Licensee agrees not to use fhe APS Service nor any of its elements or related faci{ities or capabilities to conduct any activity, or soticit the performance of any activity, which is prohibited by or wouid violate any applicable law, rufe, regulation or legai obligation. LIMfTS ON 7RAfJSFERS; OTHER LIMITS Uniess otherwise agreed in writing, Licensee's righf to use the APS Service, or to designate other users of its account, is not transferabie and is subject to any limits esfab{ished by City of Minneapofis. ARTtCLE IX: Entire Agreement This agreement, as weil as the additional maferials specificaily referred to herein as being a p�rt of ihis License Agreement, constitute the entire and only agreement with respect to the subject matter hereof {coAectively, the License Agreement"j 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 ail of fhe parties respective rights and duties in connection herewith shali be govemed by and construed in accordance with the laws of the United States of America, and, excluding confVicts rules, of the State of Minnesota. Any cause of action of �icensee, or by users of Licensee's account, with respect fo the APS Service or this License Agreement must be instituted within ore year after the ai or cause of action has arisen or be barred. oF ST . PnuL C{TY OF MlNNEAPOLIS Chief of Mayor Assistant City Attorney Attest: Cferk Countersigned: Finance Officer for Execufion Director of F" ancial Services �f 1 � S(�nccfl� b AttOR18y rUvf� �� !°Yten �t�et p:lworcPapsbontacfslminnlstpaui�agremnt3.doc °l1-�t`�- SCHEDU�E 1: APS SYSTEM AND OBLlGA710NS APS SYSTEM License for the use of the APS Service as described in this agreement applies to the instalfation of, usage, and access to the tollowing components on the {icensee's equipmenf: 1. APS Service client software and re{evant enhancemenYs (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) inc{uded on the APS Service ciient software. 3. APS Service oriented user docume�tation. fn addition, licensees are granted access to the following services as authorized in Schedule 2: 1. Access to the APS Se�vice central site database via network or dia{-up connection as authorized by the APS Service administrator. 2. Access to APS support staff hy licensee's APS Se�vice Jurisdiction Administrator for operational q�sestions related to accessing the service via network or dial-up connection. Use o£ Contents Neither ficensee 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 ailowed, in the conduct oE authorized investigations of criminai activity, or verification of compiiance with applicahle operational laws and regu(ations by pawnbrokers, secondhand dealers, or precious mefal dealers. Ancitlary Equipment Licensee is responsible for acquiring and maintaining aif telephone and computer hardware and services necessary to access and use the APS Service via network or dia(-up connecfion. Minimum Equipment Requiremenfs The minimum hardware configuration needed by licensee to access the APS Service is: Processor. 486 DX66, RAM: 16MB, Hard Drive: minimum 6 MB free, Floppy Drive: 3.5", Modem: 28.8 MHz, Operafing System: Windows 3.11 or Windows 95. Printer optional, but recommended. Operationai Responsibilities Every {icensee is responsible for the foliowing: 1. Instai{ation of afi hardware components, PC operating software, networking software and APS Service ciient software. 2. Designating an employee as the APS Service Jurisdiction Administrator. {5ee Schedule 1- A for current Jurisdiction Administrator roles and tasks.) 3: Designating an employee as the AP5 Service investigatorlUser Trainer. 4r 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: 1. Coordination and administrafion of the addition of licensed jurisdicfion dealers who wii! be sending da#a via modem to the APS Service centra( site. p:lwordlapslcontactsYninnlstpaul�agremnt3.doc °t1 • l �G'�- 2. Orientafion and training of dealers within the licensee's jurisdiction regarding APS Service dia!-up connection process, reporting requirements and error correction procedures. 3. Verificafion of the e(ectronic coilection of pawn and secondhand dealer transaction data as required by the licensee's applicabie ordinances. 4. Manual entry of pawn and secondhand transaction data when deafer(s) are unabie or faii 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 estab{ished by fhe Minneapolis APS Service Administrator. p:5word1ap5bontactslminnlstpauPagremnt3.doc �t'1- i lGa�- SCHEDULE 2: FAYMENT AND CHARGES FEES, TAXES AND OTHER CHARGES Licensee shalf pay ali appiicable taxes related to use of the APS Service by Licensee or by users of Licensee's account. Infarmation 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 fo Licensee, and Licensee agrees that this is sufficient notice for aIf purposes as to charges incurred and paid or to be paid to City of Minneapo{is. COMMENCEMENT AND DURATION OF LtCENSE FEES Licensee acknowledges that (subject to any exceptions granted by City of Minneapofis} a monthly Licenseeship wiil continue until Licensee cancels the account in accordance with the methods established by the City of Minneapolis (unless otherwise sooner terminated in accordance with this License Agreement). As provided for above, Licenseeship may be canceled by Licensee at any time. The monthfy Licenseeship fee shall cease to apply for any month after the billing month in which Licensee duly cancels. PAYMENT FOR SERVICES Licensee wil{ be invoiced monthly for prior month's fees and charges. Invoices are due and payable upon recaipt. lf payment is not received within 30 (thirty} days from date of invoice, licensor may suspend or terminate this license agreement. FEE SCHEDULE Data Contributing Licensee Setup and Training $1,05�.00 (Ail training requires and assumes working knowiedge of Microsoft WindowsTM'.) i. 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 ticensee's designated APS Service investigatorluser frainer at APS centraf site. 4. Additianaf invest+gatortuser training at APS cenfral site $45.00 per hour, per atfendee. Data Collecfion and Maintena�ce Fee $1.00 Each Siliabfe Transaction 1. Cofiection and maintenance administration of alf reportable and biilabie transaction intormation as definad by iicensee's ordinances and received via nerivork or dia{-up connection. 2. Monthly biiling to licensee of aA billable transactions received, which deafer they were submitted by, and whether they were electronicafly upfoaded from the deaier or manuaily entered by the licensee. Accsss Fee for Primary investigator{s)/User{s) Using Dial-up Connection $ NIC Per Month 1. Unlimited access to the APS Service for one (1} simultaneous designated user, via a dial-up connection, in accordance with the appiicabie portions of this agreement. p:\word�aps�contactslminnlstpauHagremnt3.doc q�-�tt�- Access Fee for Additional Simultaneous Investigator(s)/User(s) Using Diai-up Connection $58.00 Per Month/ Per User 1. Uniimited access to the APS Service database for each additional simultaneous connection by a designated user, via a dia{-up connection, in accordance with the app}icabie portions of this agreement. Access Fee for Primary {nvestigator(s)lUser(s) Using a Network Connecfion $ NtC Per Month 1. Uniimited access to the APS Service for one (1) simuftaneous designated user, via a network connection, in accordance with the appticabfe portions of this agreement. Access Fee for Additional Simultaneous fnvestigator(s)lUser{s) Using a Network Connection $43.0� Per Month Per User 1. Unlimited access to the APS Service database for each additional simuftaneous connection by a designated user, via a network connection, in accordance �vith the applicable portions of this agreement. p:�wordlapsbonfactsMinnlstpaut�agremnt3,doc g q�-1 ic��— SCHEDULE 1-A: APS SERVICE .lURlSDICTION ADMWfSTRATOR APS Service Jurisdiction Administrator The Licensee's APS Service Jurisdiction Administrator is responsible for the day-to-day operation of AP5 within the Licensee's jurisdiction. She (or he) is the point of contact for technicat and operational questions from Licensee's investigators and pawn dealers {Data Gontributing L'+censees Only). This person will interact regularly with the APS Administrator at the Minneapofis Police Department (MPD) on issues and questions regarding operations and policy which are system-wide (not just Licensee-specific). Primary functions include: • Provide focaf point for all APS Service operational and policy activity for L+censee, • Provide end user support as a"firsf call for heip" when questions or incidents occur regarding APS Service usage within Licensee's jurisdiction, • Maintain dia{ogue wifh APS Administrator at MPD for questions and suppoR issues, Startup Tasks (Ali Licensees) '1. Define a process or series of steps to receive, log, process and track APS suppoR calis (e.g. who gets called, what information to take, how to forward or ciose contact, how to accumulate statistics and track open contacis, etc.). 2. Gain familiarity with APS administrative screens to set up new users. Starfup Tasks (Data Contributing Licensees) 1. Gain familiarity with APS administrative screens to set up new dealers and support billirg functions (Data Contributing Licensees). 2. Gain Familiarity with the APS Service upload process and directory strucfure used for dealer upload fiies, fogs, archived transacfions (Data Contributing Licensees). Daily Tesks (All Licensees) 1. Respond to AP5 support calis. Log contacts, respond or refer contact to APS Administrator (MPD}, monitor resolution and ensure requester is contacted with resoiution. Daity� Tasks (Data Coniributing Licensees} 1. Review upload activity from previous evening fo ensure a11 Licensee's dealers submitted a transaction file. 2. Review administrator upload log for each store to assess whether frie was successfulfy processed or not 3. Confact dealers who have not subm+tted transact+on files or refer to Licensee's investigatorslregufators for foilow-up. 4. Review error history to ensure dealers are submitting corrections to previous transactions flagged as errors. 5. Perform random spot checks on upioaded data items using APS queries or reports to verify overalf data quality. 6 t Psriodicaily 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. Consuft with Licensee's investigatorslregulators on data quality issues to refer back to dealers for resolution er addifionai training. p:lwordlapslcontactslminn\stpaullagremnt3.doc 9 c�,� _ � t c. a— Monfhly Tasks (Data Contribufing Licensees? 1. Receive mon#hly bi{ling invoice and data from APS administration and generate appropriate remittance. 2. Reconcifelassembie monthfy biliing data and generate an invoice for each dealer in Licensee's }urisdiction required to report to fhe APS Service (Data Contributing Licensees). As Required Tasks {All Licensees) 1. Work with APS administration to identify enhancements, productivity tools, system bugs�nconsistencies so as to improve the service provided by APS. Z. Provide training to Licensee's users. p:lword�apslcontactslminnlstpaul�agremnt3.doc lp