Loading...
HomeMy WebLinkAboutC31620 Secured Website for Dissemination of Traffic Collision ReportsCITY OF PALM DESERT OFFICE OF THE CITY MANAGER STAFF REPORT REQUEST: REQUEST FOR APPROVAL TO ENTER INTO A CONTRACT AGREEMENT WITH CROSSROADS SOFTWARE, INC FOR THE HOSTING AND MANAGING OF A SECURED WEBSITE FOR THE DISSEMINATION OF TRAFFIC COLLISION REPORTS TO AUTHORIZED PERSONS AND ENTITIES. (Contract No. C31620) SUBMITTED BY: Stephen Y. Aryan, Risk Manager DATE: February 23, 2012 CONTENTS: Crossroads Software, Inc. Agreement and Background Information Recommendation By Minute Motion, authorize the City Manager to execute the attached Agreement with Crossroads Software, Inc for the hosting and managing of a secured website for the dissemination of traffic collision reports. Commission Recommendation On February 8, 2012, the Palm Desert Public Safety Commission unanimously recommended that the City Council approve the Crossroads agreement. Background The City of Palm Desert's Police Departments currently utilizes the Crossroads Software for the creation of its traffic collision reports. Reports are currently available for the public and other interested parties (e.g. attorneys, insurers, etc) over the counter, for a thirteen dollar ($13.00) processing fee. The Police Department recommends entering into a contractual agreement with Crossroads Software, Inc to provide online access to collision reports by authorized individuals and companies requesting such copies. The website where they could access this information is www.mycollisionreport.com. The collision records are available online to individuals as a convenience, and the public still has the option of acquiring collision reports at the police department counter. There is no requirement to obtain the reports solely online. As the public still has the option of securing a traffic report in person and the Police Department may experience efficiencies in its Clerical operations, staff recommends approval for entering into this contractual agreement. Staff Report: Crossroads Software, Inc. February 23, 2012 Page 2 of 2 Fiscal Impact There is no direct fiscal impact of this bill to the City. While those obtaining reports online will be subject to a $10.00 convenience fee, they can still opt to obtain these reports in person, at the Palm Desert Sheriff's Station, with no additional cost above what the Police Department currently charges ($13.00) for these reports. Lt. Andrew Shouse, Palm Desert Police Department )ai�tl Paul S. Gibson, Director of Finance John M.JWohlmuth, City Manager CITWCOUNCIL ACTION APPROVED ✓ DFNIED RECEIVED OTHER MEETING DATE - -C) AYES:F'v1r. 1K, NOES: Nof)E ABSENT:.` -ne- ABSTAIN:. Kl �' VERIFIED BY: � L�� rG Original on File with City Clerk's Office Contract No. C31620 AGREEMENT FOR ON-LINE ACCESS TO TRAFFIC COLLISION REPORTS THIS AGREEMENT FOR ON-LINE ACCESS TO TRAFFIC COLLISION REPORTS (the "Agreement") is made and entered into by and between the CITY OF PALM DESERT, a California municipal corporation ("City"), and CROSSROADS SOFTWARE, INC., a California corporation ("Crossroads"), as of this day of January, 2012. RECITALS A. Crossroads has proposed to host and manage a secure website for the dissemination of traffic collision reports to authorized persons and entities ("Services"). B. The City wishes to have Crossroads provide the Services as a convenience to residents of the City subject to the terms and conditions set forth in the Agreement. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties agree as follows: 1. INCORPORATION OF RECITALS 1.1 Recitals. The foregoing Recitals are true and correct and are hereby incorporated herein by this reference and are expressly made a part of this Agreement. 2. SERVICES 2.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Crossroads shall provide those services related to hosting, managing, and maintaining a secure website for the dissemination of traffic collision reports to authorized persons and entities as specified herein ("Services"). Crossroads warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 2.2 Crossroads Responsibilities. Crossroads shall perform the following: l . Crossroads shall host a secure website for dissemination of traffic collision reports to insurance companies, involved parties and other authorized entities (as determined by the Riverside County Sheriff's Department). 2. Crossroads shall manage a secure dedicated server hosted at an established data center with Virtual Private Network (VPN) management access. The server facility shall provide physical security, firewall technology, usage monitoring, strict password rules, tracking of failed login attempts, and encrypted data service with 128 bit Secure Sockets Layer (SSL) security. 3. Crossroads shall process requests received by mail for traffic collision reports, as well as download requests from the secure website. 2479/015610-0002 1037527.01 a02/15/12 Contract No. C31620 4. Crossroads shall provide in-house resources to handle questions regarding access to traffic collision reports from insurance companies, involved parties and authorized entities (as determined by the Riverside County Sheriffs Department). Questions about access to traffic collision reports shall be handled by phone and via e-mail at Crossroads' offices on a timely basis. 5. In compliance with the guidelines provided by the Riverside County Sheriffs Department, Crossroads shall redact event fields associated with confidential information prior to the release of any traffic collision report. 6. Crossroads shall collect the sum of $13.00 on behalf of the Riverside County Sheriffs Department for each report provided to an approved insurance company, involved party or authorized entity. Crossroads shall accept check or a valid bank debit or credit card for payment of the applicable fees. If Crossroads accepts payment via a bank debit or credit card, Crossroads shall comply with the Payment Card Industry Data Security Standard established by the Payment Card Industry Security Standards Council (PCI SSC) for collecting debit or credit card information. Prior to commencement of this Agreement, Crossroads shall submit evidence to the City demonstrating that Crossroads has implemented security measures approved by the PCI SSC to prevent credit card fraud through increased controls around data and its exposure to compromise. Such evidence shall include proof that Crossroads' compliance has either been (i) assessed by an independent assessor known as a Qualified Security Assessor, or (ii) self -certified via a Self - Assessment Questionnaire, as appropriate 7. Crossroads shall remit to the City's agent, by the 151h of each month, revenue collected on the agency's behalf for all traffic collision reports requested during the preceding month. 8. Crossroads shall provide monthly accounting statements detailing the traffic collision report dissemination transaction for the preceding month. 9. Crossroads agrees that the City or its designated representatives shall have the right to review and to copy any accounting and banking records and supporting documentation pertaining to the performance of this agreement. Crossroads further agrees to allow the auditor(s) access to such records during normal business hours. 10. Crossroads shall provide City or its designated representative access to the Ecommerce website for administrative purposes and for collision lookup and access by authorized City personnel. 11. Crossroads will arrange to acquire any hard copy traffic collision reports on a daily basis (weekdays) at the Riverside County Sheriff Department, 2479/015610-0002 1037527.01 a02/15/12 -2- Contract No. C31620 Palm Desert Station that are not being produced electronically using the Crossroads Collision Database System. 12. Crossroads shall execute data entry for all hard copy traffic collision reports that are not being produced in electronic format. Crossroads shall input scene information, conditions information, involved party and passenger information and all relevant fields needed for executing quality analysis of collision events and for indexing traffic collision reports for use in the Ecommerce website. The data shall be provided back to the Palm Desert Station for use in the analysis package on daily basis. 13. Crossroads shall provide ongoing maintenance and support of the Collision Database System, and provide City with updates to the most current versions as they become available. Crossroads shall execute the Street Name Verification and Geocoding of City's collision records and provide the updated information to City for use in their analysis functions in the Crossroads Collision Database System. 2.3 Cit 's Responsibilities. The City shall be responsible for the following: 1. City or its designated representative shall make hard copy traffic collision reports available to Crossroads as they are approved on a daily basis (weekdays) for those reports not being produced in the Crossroads traffic collision report modules. 2. City or its designated representative shall provide an electronic transfer for those traffic collision records that are produced digitally. Crossroads shall provide and set up the software to accomplish the upload. 3. City or its designated representative shall refer all online Insurance Company traffic collision report requests to Crossroads. Subject to the guidelines and direction provided to Crossroads by the Riverside County Sheriffs Department (including any redaction requirements), City acknowledges that Crossroads may provide images of the traffic collision reports to documented insurance companies, other law enforcement agencies, and authorized individuals requesting these reports. 2.4 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of Palm Desert and any Federal, State or local governmental agency of competent jurisdiction. 3. COMPENSATION 3.1 Crossroads' Compensation. As the sole consideration for the Services provided under to this Agreement, Crossroads will add a convenience fee of $10.00 (paid by the requestor) for each report disseminated by Crossroads, making the total cost to acquire an online traffic collision report $23.00. 2479/015610-0002 1037527.01 a02/15/12 -3- Contract No. C31620 4. MAINTENANCE 4.1 Maintenance. Throughout the term of the Agreement, Crossroads shall maintain the secure website for dissemination of traffic collision reports, and will provide ongoing maintenance and support for the software provided to City for use in creating traffic collision reports, and for executing collision analysis PERFORMANCE 5.1 Time of Essence. Time is of the essence in the performance of this Agreement. 5.2 Performance. Crossroads shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 5.3 Force Majeure. Neither party shall be liable for the failure to render any services required to be performed under this Agreement where such failure or delay is due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Crossroads shall within ten (10) days of the commencement of such delay notify the City in writing of the causes of the delay. The City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the City's determination shall be final and conclusive upon the parties to this Agreement. 6. INDEMNIFICATION AND INSURANCE 6.1 Indemnity. Crossroads shall defend, indemnify and hold harmless the City and its officers, employees, and agents (collectively, "City Indemnitees") from and against any and all of claims, causes of action, obligations, losses, liabilities, judgments, or damages, including reasonable attorneys' fees and costs of litigation (collectively "Claims") arising out of and/or in any way relating to the Crossroads' activities in the performance of the Services described in this Agreement, or to the Crossroads' acts and/or omissions in providing or administering the same, excepting only those claims, actions, obligations, losses, liabilities, judgments, or damages arising out of the sole negligence, active negligence or willful misconduct of the City Indemnitees. 6.1.1 In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding alleging negligent or wrongful conduct on the part of the Crossroads, the Crossroads shall provide a defense to the City Indemnitees, or at the City's option, reimburse the City Indemnitees on an ongoing monthly basis their costs of defense, including reasonable attorneys' fees, incurred in defense of such Claims. 6.1.2 In addition, the Crossroads shall be obligated to promptly pay any final judgment or portion thereof rendered against the City Indemnitees. 2479/015610-0002 1037527.01 a02'15/12 -4- Contract No. C31620 6.2 Insurance. Prior to the execution and throughout the duration of this Agreement, Crossroads shall maintain insurance in conformance with the requirements set forth below. Crossroads may use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Crossroads shall have it amended to do so. Crossroads acknowledges that the insurance coverage and policy limits set forth in this Section 6.2 constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to City in the event of a loss covered by this Agreement. Crossroads shall provide the following types and amounts of insurance: (a) Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. (b) Workers' Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. (c) Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, nonowned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If Crossroads owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Crossroads or Crossroads' employees will use personal autos in any way on this project, Crossroads shall obtain evidence of personal auto liability coverage for each such person. (d) Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be "pay on behalf," with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Crossroads, subcontractors or others involved in the provision of services under this Agreement. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. 6.2.1 Crossroads agrees to provide evidence of the insurance required herein, satisfactory to the City, consisting of: (a) certificate(s) of insurance evidencing all of the coverages required and, (b) an additional insured endorsement to Crossroads' general liability policy using ISO Form CG 20 10 with an edition date prior to 2004. The additional insured endorsement shall expressly name the City, its officers, employees, and as additional insureds on 2479/015610-0002 1037527.01 a02/15/12 -5- Contract No. C31620 the policy (ies) as to commercial general liability bodily injury and property damage coverages and automobile coverages with respect to liabilities arising out of Crossroads' performance of the Services under this Agreement. 6.2.2 Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance, shall be delivered to City prior to Crossroads commencing performance of any of the Services described in this Agreement. 7. TERM AND TERMINATION 7.1 The term of this Agreement shall commence on February _, 2012, and shall continue in full force and effect unless sooner terminated as provided in Section 7.2 below. 7.2 Either party may terminate this Agreement for any reason without penalty or obligation on thirty (30) calendar days written notice to the other party. 8. MISCELLANEOUS PROVISIONS 8.1 Non -liability of City Officers. No officer or employee of City shall be personally liable to Contractor, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Notices. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. Notices may be sent to the following addresses: If to City: City of Palm Desert Attn: City Manager 73-510 Fred Waring Dr. Palm Desert, CA 92260 Fax (760) 340-0574 If to Crossroads: Crossroads Software, Inc. 210 W. Birch St. #207 Brea, CA 92821 Fax (714) 990-5628 8.3 Integrated Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. 8.4 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 2479/015610-0002 1037527.01 a02/15/12 -6- Contract No. C31620 8.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9. SIGNATURE IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. ATTEST: By: , City Clerk APPROVED AS TO FORM: By: , City Attorney CITY OF PALM DESERT in , City Manager CROSSROADS SOFTWARE, INC.* By: Name: Title: By: Name: Title: (* Please note, two signatures required for corporations pursuant to California Corporations Code Section 313.) 2479/015610-0002 1037527.01 a02/15/12 -7- Crossroads Software, Inc. Online Records Dissemination System Description Overview The Online Records Dissemination System provides online access to collision reports by authorized individuals and companies requesting copies of collision reports. The Website The site is www.mycollisionrMort.com . Collision Reports are available to involved parties of a collision, or their insurance companies and legal representatives. The collision records are available online to individuals as a convenience, and the individuals involved in a crash still have the option of acquiring collision reports at the police department counter. The City will refer requests by insurance companies and legal representatives to mycollisionreport.com to acquire collision reports. Requestors can get the collision reports directly in PDF format, they can request that they be e-mailed to them in PDF format, they can request that hard copy printouts be mailed to them, and they can request that they be faxed. Transaction Fees Requestors pay the amount that the police department charges plus a $10 convenience fee to acquire a report online. This convenience fee allows us to run the system and also provide the city with additional software and ongoing updates and maintenance. Non-exclusive Access to Reports Involved parties still have the option of acquiring collision reports at the records counter and are not required to buy the reports online. Records Flow Collision Records that are hand written by officers: Crossroads data -inputs scanned images of copies of approved reports each day, which can be uploaded to Crossroads by a variety of methods. Crossroads executes the data entry of these reports to be able to make them available online. A data file (with the scanned images) is downloaded to the city the following day for use in the analysis capability in the Crossroads Collision Database System. Collision Records produced by officers using the Crossroads Collision Database: These records are automatically uploaded to the Crossroads server each night. Our system automatically creates PDFs of the records which are available on the online system. Security The city determines what information is required of the requestor to be able to acquire reports online. The system is flexible because each agency has differing requirements for allowing acquisition of collision reports. Most agencies require the report number or some combination of date of collision, name of involved party, occupant or registered owner. Web and database security: Crossroads uses a secure server hosted at an established data center with remote management access. The server facility provides usage monitoring, firewall technology, strict password rules, tracking of failed login attempts, and encrypted data service with 128 bit SSL security. Redaction Personal information on collision reports is redacted as directed by the city and can be based on who is requesting the collision report. Reports can also be marked "Do Not Disseminate Online", in which case the requestor is referred to the police department to request a copy of the report. Users Requesting Information Involved parties, insurance companies and legal representatives can get collision reports by using the online system, or by phone and mail requests. Crossroads will process the mailed in requests from insurance companies as well as handle phone questions about acquiring and locating collision reports. Crossroads Software, Inc. Online Records Dissemination Features and Benefits The Online Records Dissemination System has benefits for both those who require copies of collision reports, and also to Riverside County Sheriff. Some benefits for users acquiring collision reports: Online access to collision reports is available 24/7 without having to drive to the Sheriff Department and wait at the counter. They can purchase collision reports by credit card or by check. Insurance Companies are `on account' so they can acquire collision reports throughout the month and receive an invoice for all collision reports purchased during the month instead of having to write individual checks for each report. Insurance Companies can obtain reports in a more timely manner. Advantages for Riverside County Sheriff The Riverside County Sheriff Department uses the Crossroads Collision Database System for creation and analysis of their traffic collisions. Crossroads will provide ongoing maintenance of the Collision Database System at no fee. Crossroads will also provide updates to the latest versions as they become available. Crossroads Software will do data entry of any hard copy collision reports that are written by the Riverside County Sheriff and provide a download of the input file in to the Crossroads Collision Database System at Riverside County Sheriff. Crossroads will do the Street Name Verification function to maintain the Collision Database System for Riverside County Sheriff, so that location -based queries and reports will be as accurate as possible. Crossroads can also update the GIS maps that Riverside County Sheriff uses as the Street Models for the Collision Database System. Crossroads will send the hard copy collision reports to the. CHP for their input into their SWITRS system and provide an electronic file of those collision reports to the CHP for their use in importing those collisions into the SWITRS system (for when they add that capability.) Reduced workload for the personnel at the traffic records counter. Ease of use for traffic records counter persons to lookup and print collision records for citizens, for those that still prefer to acquire collision reports from the counter in person. Proceeds from the convenience fee revenue are used to further develop enhancements to the Collision Database System and other software produces offered by Crossroads.. Crossroads will provide Riverside County Sheriff with the handheld citation system and the handheld collision reporting module. This is a full featured handheld reporting system that is used by officers for writing traffic citations and for taking traffic collision reports. Ninety five percent of all collision reports taken in the State of Nevada are taken on Crossroads handheld systems. The Riverside County Sheriff will have to provide the handheld hardware, and Crossroads will provide the software licenses for the handheld systems. Crossroads will print and provide the `business cards' that officers provide to involved parties of collisions that provide the parties with the collision report number and also has the information on how to obtain a report online if desired. Crossroads will provide the module for uploading records to the Riverside County Sheriff's Tiburon Records Management System. Installation and maintenance of the module will be done at no charge. Crossroads will provide the updated web -based version of the Collision Database System to Riverside County Sheriff. The system runs in Windows 7 64-bit and is developed in Microsoft Silverlight. One of the many advantages of the web -based system is the sharing of data from all stations for data -mining, record lookup and statistical analysis purposes.