HomeMy WebLinkAbout1997-242
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RESOLUTION NO.
97-242
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE MODIFICATION OF EXISTING PUBLIC
SAFETY DISPATCH CONSOLES AND THE UPGRADING OF DISPATCH "READY
RECALL RECORDERS."
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The City of San Bernardino owns 14
7 existing Police and Fire dispatch consoles. The Mayor of the
8 City of San Bernardino is authorized to allow the Police and
9 Fire Departments to contract with the San Bernardino County
10 800 MHz Group to make modifications to these consoles to
11 prepare them for the new Computer-Aided-Public Safety Dispatch
12 System (CAPS). The cost of these modifications may not exceed
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$ 35,000.00 ($2,500.00 per console).
SECTION 2.
The Mayor of the City of San Bernardino is
also authorized to allow the Police and Fire Departments to
contract with the San Bernardino County 800 MHz Group to
convert 9 external dispatch "ready recall recorders" to
18 internal units. The cost of these modifications may not
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exceed $ 13,500 ($1,500.00 per console).
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97-242
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE MODIFICATION OF EXISTING PUBLIC
SAFETY DISPATCH CONSOLES AND THE UPGRADING OF DISPATCH "READY
RECALL RECORDERS."
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a joint regular
meeting thereof, held on the
4th
August
day of
, 1997 by the following vote, to
wit:
Council Members
AYES NAYS ABSTAIN ABSENT
x
x
x
x
x
x
x
NEGRETE
CURLIN
ARIAS
OBERHELMAN
DEVLIN
ANDERSON
MILLER
~~
The foregoing resolution is hereby approved this ~~
of August ,1997.
day
~".~
./~
Tom'Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City torney
By:
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9;7-242 Original
SERVICES AGREEMENT c
THIS AGREEMENT is entered into this day of , 1997 between the San Bernardino County
Information Services Department, Radio Divisioo, ("CONTRACTOR") and the CITY OF SAN BERNARDINO
("CITY')
WITNESSETH:
A. WHEREAS, CITY has need for modifications to its puhlic safety dispatch center within the CITY and,
B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and,
C. WHEREAS, CONTRACTOR is the CITY's service provider of such services;
NOW THEREFORE, the parries hereto agree as follows:
1. CONTRACTOR shall fIlmish services to CITY in accordance with the attached statement of work and
service quote.
2. Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount in
accordance with the service quote.
3, CONTRACTOR shall provide the CITY with a monthly invoice in arrears and shall be provided
payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an
invoice.
4. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless
from any claim, demand, liability, suit, judgment or expenses (including, without limitation, reasonable
costs of defense) arising out of or related to CONTRACTOR's performance ofthis agreement, except
that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is
caused by CITY'S willful misconduct or sole negligence.
5. While not restricting or limiting the foregoing, during the term of this Agreement, contractor shall
maintain in etTect policies of comprehensive public, general and automobile liability insurance, in the
amount of$I,OOO,OOO.OO combined single limit, and statutory worker's compensation coverage, and shall
file copies of said policies with the CITY'S Risk Manager prior to undertaking any work under this
Agreement. THE COUNTY OF SAN BERNARDINO (CONTRACTOR) IS SELF-INSURED.
10f2
97-242 Original
6. CONTRACTOR shall perfonn work tasks as directed hy the Infonnation Services Department, but for
all intents and purposes contractor shall be an independent contractor and not an agent or employee of the
CITY.
7, In the perfonnance of this Agreement and in the hiring and recruitment of employees, contractor shall not
~[~~_~.ro~.~~",~"'~'M""
\J;t~ing Manager
City of San Bernardino
A TrEST:
Approved as to fonn and legal content:
,~
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97-242 Original
City of San Bernardino
CAD/RMS Replacement Project
Police and Fire Communications Center Upgrades
Statement of Work
PURPOSE:
The City of San Bernardino has asked it's radio maintenance
provider (San Bernardino County 800 MHZ Group) for pricing to
make the following modifications within the Police and Fire
Communications Center. Because this work involves contact
with our radio communications equipment, it is essential that our
maintenance provider be involved in the actual work. Outside
vendors could accidentally damage valuable mission critical
equipment.
SCOPE OF WORK (CONSOLE MODIFICATIONS):
There are 14 consoles in the communications center. Each console
needs to have the following items done to it:
1. Left and Right equipment bays need to be cut to half-height
to accommodate a flat table top. Front and rear access
doors need to be modified to match the new size of the bays.
2. A flat table top, closing matching the existing wood grain
finish, needs to be installed. The table top needs to match
the existing pattern and needs to include a solid surface
over the areas that will be opened by cutting the bays to
half-height.
3. Eleven table tops currently have drop-down keyboard trays.
These trays need to be transferred to the new table tops.
SCOPE OF WORK (RADIOS)
The internal dispatch console radios need to be converted to
external desktop radios.
SCOPE OF WORK ("READY RECALL RECORDERS")
Nine existing Dictaphone External "Ready Recall Recorders" need
to be converted to internal units and will be connected to our
Motorola desktop console radios.
97-242
~"
AGREEMENT FOR
PROFESSIONAL AND TECHNICAL SERVICES
Contract #:
This Agreement entered into this / gl-iJay oikcx;a/. I </t.Jby and between the City of San Bernardino, California
hereinafter called "CITY" and CONTRAC-rQlti;;'c., a Virginia corporation having its office at 39350 Civic Center
Drive, Suite 280, Fremont, California, hereinafter called "CONTRACTOR".
Witnesseth
WHEREAS, the CITY has determined that it requires the implementation of Computer Aided Dispatch and Records
Management Systems, and
WHEREAS, the CITY therefore requires the provision of professional and technical services and materials as
specified in this Agreement, and
WHEREAS, CONTRACTOR is qualified to provide the services and materials required by the CITY and specified
in this Agreement,
NOW THEREFORE, in consideration of the mutual covenants contained herein, the CITY and CONTRACTOR
agree as follows:
I. Statement of Work
CONTRACTOR shall provide services and materials
to furnish, install and implement a fully operable
Computer Aided Dispatch and Records Management
System, hereinafter called the SYSTEM, as defmed
in the Statement of Work which is attached as
Exhibit A, and Project Deliverables, which is
attached as Exhibit B, both incorporated herein by
reference.
2. Period of Performance
This Agreement shall take effect when it has been
fully executed by duly authorized representatives of
both parties and upon receipt by CONTRACTOR of
notification that any certification or approval
required by statute, ordinance, or established policy
of CITY has been obtained, and receipt by CITY of
CONTRACTOR's evidence of insurance as required
herein.
All services and materials provided under this
Agreement shall be provided in accordance with the
Initial Project Schedule attached as Exhibit C and
incorporated herein by reference.
This Agreement will remain in effect until Final
System Certification and the CITY has made all of
the payments required hereunder, or until it has been
otherwise terminated as provided for herein.
Revision Date: 6/09/97
3. Price and Payment
In consideration of supplying the System, CITY shall
pay to CONTRACTOR the total price as set force in
Exhibit B: Deliverables. CITY shall make payments
to CONTRACTOR based on invoices submitted.
Schedules and amounts of invoices shall be deter-
mined in accordance with the Payment Schedule
which is attached as Exhibit 0 and incorporated
herein by reference. All payments shall be made
within 30 calendar days from date of invoice.
The CITY has the right to withhold payments on
account of (a) third party claims filed or reasonable
evidence indicating the probable filing of such
claims; (b) failure of CONTRACTOR to make
payments properly to its subcontractors or for labor,
materials or equipment; (c) damage to the CITY or
other vendor. CONTRACTOR shall provide the
CITY, upon request, with proof of release of all
claims against the CITY for work performed under
this Agreement. The CITY shall retain the right to
audit CONTRACTOR's books as it relates to the
work performed under this Agreement.
The prices set forth in the Payment Schedule include
California sales tax of 7.75% and are exclusive of
any additional amount for Federal, State or Local
excise, lease taxes in force now or enacted in the
future such amounts being the responsibility of the
CITY. The prices are inclusive of any gross income
or similar taxes and any amount of withholding
97-242
taxes, Social Security, insurance, and unemployment
insurance.
4. CITY Responsibilities
CITY agrees to provide those services and facilities
necessary for the completion of this project which are
defmed in the Statement of Work attached hereto as
Exhibit A. CITY accepts the assumptions and
responsibilities for those items listed in Exhibit E,
Proposal Assumptions and CITY Responsibilities.
CITY and CONTRACTOR agree that the scope and
schedule of services to be provided by
CONTRACTOR under this Agreement may depend
upon the timely fulfillment of CITY Responsibilities.
The CITY shall respond within 10 business days to
all designs, specifications, documents, requests for
information or clarification, amendments and updates
to those items delivered by CONTRACTOR. By
mutual agreement of both parties, this period may be
extended in writing for specific review items. Failure
of CITY to so respond shall constitute acceptance of
such items as indicated by written notification from
CONTRACTOR.
I
The CITY shall be liable only for actual time and
costs relating to these delays. Such costs may
include, but are not limited to, equipment
rescheduling or storage charges, additional
equipment maintenance charges, transportation
charges, professional and technical services costs and
increased project management fees.
If the CITY is unable to provide services and/or
facilities as defmed in the Statement of Work, and/or
fulfill CITY's obligations as defmed in Exhibit E,
and/or causes delays to the project beyond
CONTRACTOR control, then CONTRACTOR shall
have the right to modify the Price and Payment
Schedule. CONTRACTOR shall not exercise this
right unreasonably.
5. Changes
The scope and schedule of services and materials
provided under this Agreement may be changed from
time to time by mutual agreement of the parties
hereto.
When a change causes a modification in total costs or
the amount of time needed to complete such change,
an equitable adjustment shall be made to the Price
Revision Date: 6/9/97
and PayIllent Schedule and Project Schedule, as
applicable.
All changes, whether or not causing an adjustment to
the Price and Payment Schedule and/or Project
Schedule, will take effect only when described in a
Change Order which has been agreed to in writing by
both parties.
6. Independent Contractor
Each party hereto, in performance of this Agreement,
shall be acting in its own capacity. The employees or
agents of one party shall not be deemed or construed
to be the employees or agents of the other party for
any purpose whatsoever.
Each party hereto agrees not to hire or engage in any
capacity, nor offer to do so, either directly or
indirectly, any employee or contractor of the other
who has performed work covered by this Agreement,
either during the term of this Agreement or for a
period of six months thereafter.
CONTRACTOR shall not be required to use union
labor.
7. Confidential Information
CONTRACTOR shall regard all CITY files and data
as the CITY's confidential information.
CONTRACTOR shall not release said data to outside
parties without written consent of CITY. To the
extent permitted by law, CITY shall regard all soft-
ware and documentation provided by
CONTRACTOR as confidential information. The
CITY shall not release or provide access to said soft-
ware and documentation to outside parties without
written consent of CONTRACTOR.
8. Termination
Either party may terminate this Agreement upon
twenty (20) business days written notice in the event
of material default of the other party, provided that
the provisions of this Agreement for resolution of
disputes have been exhausted.
The CITY may terminate this Agreement for
convenience at any time upon ten (10) business days
written notice. In the event of termination for
convenience, the CITY will cause payments to be
made to CONTRACTOR within 30 calendar days of
receipt of invoice for:
Page 2
97-242
a.
All outstanding invoices previously
submitted by CITY;
b.
The costs and related expenses of all work
in progress as of the effective date of
termination, based upon CONTRACTOR's
then-current labor rates.
c.
All cancellation fees or residual amounts
due for hardware or third-party software
which has been placed on order or shipped
from the manufacturer.
d.
All previously withheld amounts attributed
to the above items.
in case of termination for convenience, any license
fees paid or invoiced as of date of termination shall
be forfeited by CITY.
in the event of termination for convenience the CITY
agrees to destroy the SYSTEM together with all
copies of software, documentation and any related
material. Any data or data files generated by the
CITY shall remain the property of the CITY.
Upon termination of this Agreement for any reason,
the provisions relating to Confidential information,
independent Contractor, indemnification and
Software Transfer shall survive.
9. Applicable Law
This Agreement shall be construed in accordance
with and governed by the laws of the State of
California.
10. Disputes
The parties to this Agreement shall exercise their best
efforts to negotiate and settle promptly any dispute
which may arise with respect to this Agreement.
Time is of the essence in the resolution of disputes.
Any disputes requiring litigation will be litigated in
the courts of San Bernardino County.
II. Documents
The following documents are included in this
Agreement by reference. in the event of any conflict
or inconsistency among documents related to this
Agreement, said conflict or inconsistency shall be
Revision Date: 6/9/97
Page 3
resolved by glvmg precedence to the later dated
document. Unless otherwise agreed to by both
parties, document precedence shall be as follows:
a.
all changes orders and modifications to this
Agreement;
b.
this Agreement, including all Exhibits
attached herein;
c.
System Specifications as approved by
CITY;
d.
CONTRACTOR proposal and baseline
documentation.
Any variance to the above documents where not
covered by document precedence shall be agreed to
in writing by both parties and shall modify the
original documents.
12. Force Majeure
If the performance of this Agreement or of any
obligation hereunder is prevented, restricted, or
interfered with by reason of fife or other casualty or
accident; strikes or labor disputes; inability to
procure raw materials, equipment, power or supplies;
war, terrorism or other violence; any law, order,
proclamation, regulation, ordinance, demand, or
requirement of any governmental agency or
intergovernmental body other than a party hereto; or
any other act or condition beyond the reasonable
control of the parties hereto, the party so affected,
upon giving notice to the other party, shall be
excused from such performance to the extent of such
prevention, restriction, or interference; provided that
the party so affected shall use reasonable efforts
under the circumstances to avoid or remove such
causes of non-performance and shall continue
performance hereunder with the utmost dispatch
whenever such causes are removed.
13. Assignment
This Agreement may not be assigned by either party
without the written consent of the other, except that
this Agreement may be assigned to a successor to all
of either party's business or to that portion of its
business related hereto.
14. Sole Agreement
97-242
Except as may otherwise be expressly provided
herein, this Agreement constitutes the sole agreement
between the CITY and CONTRACTOR concerning
the subject matter hereof, and supersedes any prior
representation of either party, either written or oral.
This Agreement may not be altered, amended or
modified, except by written instrument signed by the
duly authorized representative of both parties.
15. Waiver
No waiver or breach of any prOVISIOn of this
Agreement shall constitute a waiver or breach of any
other provision. Failure of either party to enforce
any provision of this Agreement shall not be con-
strued as a waiver thereof.
16. Validity
The invalidity in whole or part of any provision of
this Agreement shall not void or otherwise affect the
validity of any other provision.
17. Patent Protection
To the extent that the articles and materials delivered
hereunder are not manufactured pursuant to designs
originated by CITY, CONTRACTOR guarantees that
the sale andlor use of any or all articles or materials
delivered hereunder will not infringe any United
States or foreign Patents, and CONTRACTOR will
save CITY harmless from any loss, damage or claim
in which such infringement is alleged, including
reasonable attorney's fees and other associated
expenses.
18. Liens
CONTRACTOR agrees to discharge at once all liens,
claims, stop notices or attachments which are a result
of CONTRACTOR's actions and to insure and hold
CITY harmless therefrom.
19. Indemnification
a. Except as set forth in Section 19( c),
CONTRACTOR shall indemnify, defend
and hold harmless CITY, its City Council,
boards and commissions, officers and
employees from and against any and all loss,
damages, liability, claims, suits and costs
and regardless of the merits or outcome of
any such claim or suit arising from or
related to CONTRACTOR's negligent
Revision Date: 6/9/97
performance of services or work conducted
or performed pursuant to this Agreement
b
Except as set forth in Section 19( c),
CONTRACTOR shall indemnify, defend
and hold harmless CITY, its City Council,
boards and commissions, officers and
employees from and against any and all loss,
damages, liability, claims, suits, costs and
expenses whatsoever, including reasonable
attorney's fees, accruing or resulting to any
and all persons, firms, or corporations who
furnish or supply work, services, materials,
equipment or supplies to the CITY, as a
result of or arising from CONTRACTOR's
negligent performance of services or work
conducted or performed pursuant to this
Agreement.
c. In no event, however, shall CONTRACTOR
be liable hereunder (I) for any loss or
damages related to the operation, delay or
failure of, or for delays following the
installation of, or caused by, any software or
equipment provided by CONTRACTOR
under this Agreement, (ii) for the accuracy
or completeness of data, (iii) for any loss,
damage, liability or cost caused by or
attributable to the sole fault of CITY, its
City Council, boards and commissions,
officers or employees, (iv) for any loss,
damage, liability or cost including
reasonable attorneys' fees incurred by the
CITY, its City Council, boards and
commissions, officers or employees, against
CONTRACTOR arising from this
Agreement in which CONTRACTOR is the
prevailing party, or (v) under any
circumstances for special, incidental or
consequential damages.
20. Insurance
CONTRACTOR shall procure and maintain in effect
during the term of this Agreement the following
insurance coverage with an insurance company or
companies authorized to do business in the State of
California and approved by the CITY with a Best
rating of no less than A:VI1:
a. Workers' Compensation and Employers
Liability insurance in accordance with the
laws of the State of California with liability
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97-242
limits of One Million
($1,000,000.00) per accident.
Dollars
b.
Comprehensive General Liability and Broad
Form Comprehensive General Liability or
Commercial General Liability including
bodily injury, personal injury, and property
damage in the amount of a combined single
limit of One Million Dollars ($1,000,000),
each occurrence, and Two Million Dollars
($2,000,000) in aggregate limit.
c.
Comprehensive Auto Liability including
bodily injury, personal injury and property
damage in the amount of a combined single
limit of One Million Dollars
($1,000,000.00) each occurrence and Two
Million Dollars ($2,000,000) in aggregate.
Coverage must include all automobiles
utilized by CONTRACTOR performing the
Work hereunder.
d.
The following statement shall appear in each
certificate of insurance provided the CITY
by CONTRACTOR hereunder: "It is agreed
that in the event of any material change in or
cancellation of this policy, thirty (30)
calendar days prior written notice will be
given to CITY."
e.
CONTRACTOR shall give prompt written
notice to the CITY of all known losses,
damages, or injuries to any person or to
property of the CITY or third persons which
may be in any way related to the Project or
for which a claim might be made against the
CITY. CONTRACTOR shall promptly
report to the CITY all such claims which
CONTRACTOR has noticed, whether
related to matters insured or uninsured. No
settlement or payment for any claim for loss,
injury or damage or other matter as to which
the CITY may be charged with an obligation
to make any payment or reimbursement
shall be made by CONTRACTOR without
the prior written approval of the CITY.
f.
City, its City Council, boards and
commissions, officers, and employees shall
be named as an additional insured under all
insurance coverages, except any
professional liability insurance. The naming
of an additional insured shall not affect any
recovery to which such additional insured
Revision Date: 6/9/97
Page 5
under this policy if not named as such
additional insured. An additional insured
named herein shall not be held liable for any
premium, deductible portion of any loss, or
expense of any nature on this policy or any
extension thereof. Any other insurance held
by an additional insured shall not be
required to contribute anything toward any
loss or expense covered by the insurance
provided by this policy.
21. Non-Discrimination
CONTRACTOR agrees that in performing its tasks
under this Agreement, it shall not discriminate
against any worker, employee, or applicant, or any
member of the public, because of age, race, sex,
sexual orientation, creed, color, religion, or national
origin, nor otherwise commit an unfair employment
practice in violation of any state or federal law.
22. Conflicts
CONTRACTOR warrants that, to the best of its
knowledge and belief, no person except bona fide
employees, agents, consultants or representatives of
CONTRACTOR or any of its subcontractors has
been employed or retained to solicit or secure this
Agreement.
23. Security Check
CONTRACTOR agrees that each of its employees,
subcontractors, consultants and principals/owners
involved in the project may, at the option and
expense of CITY, be subject to a security check, at
any time, though CITY retains the option to require
the removal from the CITY premises of any
employee, subcontractor employee or other person it
deems inappropriate for any reason whatsoever for
placement in a public safety environment.
24. Software License and Transfer
As a part of its performance under this Agreement,
CONTRACTOR will provide to CITY certain
software developed by CONTRACTOR. This
software shall be provided in both operating version
and in the form of machine-readable source code for
all application programs. CITY accepts
CONTRACTOR source code under the terms and
conditions of the CONTRACTOR Software License
Agreement, included herein as Exhibit F and
incorporated in this Agreement by reference. CITY
97-242
and CONTRACTOR agree to sign Exhibit F in
conjunction with the signing of this Agreement. The
Software License shall be granted in full when all
amounts due under this Agreement are made to
CONTRACTOR by CITY subject to the provisions
of Section 8.
Certain third-party software programs, such as Server
and CITY workstation operating system software,
require that the CITY execute a separate software
license agreement. Any applicable license
agreements shall be duly executed by the CITY.
25. Source Code
Subject to the provisions of Section 24 and Exhibit
F, CONTRACTOR agrees to provide CITY with
machine-readable copies of source code for all
CONTRACTOR licensed software.
Source code for third-party software is not provided.
26. Shipping and Risk of Loss
All sales and deliveries are F.O.a. City of San
Bernardino, California, at which time title shall pass
to the CITY. CONTRACTOR shall retain risks of
loss until receipt by the CITY. CONTRACTOR
reserves the right to make deliveries in installments,
and this Agreement shall be severable as to such
installments.
27. Equipment Compatibility
CONTRACTOR agrees that the equipment, as
proposed and provided by CONTRACTOR, will
perform in accordance with the specifications and
representations stated in CONTRACTOR's proposal.
This Agreement extends to the performance of the
equipment as a part of the total system, but not
specifically to equipment in combination with
products, elements, or components not supplied by
CONTRACTOR, except to the extent that
CONTRACTOR is responsible for interfaces to
specific other equipment or systems as described in
Exhibit A: Statement of Work, such as, but not
limited to, E9- I -1, local and state computer systems.
For any equipment not provided directly by
CONTRACTOR, the CITY shall be responsible for
installation of hardware and associated software,
integration into any applicable communications
network, compatibility with CONTRACTOR
Revision Date: 6/9/97
Page 6
software, performance and data capacities, and any
impact on CONTRACTOR software or equipment
which impacts overall system operation or
performance. CONTRACTOR will retain the
aforementioned responsibilities for CITY-provided
equipment via the payment of additional integration
fees.
28. System Implementation Schedule
A SYSTEM IMPLEMENTATION SCHEDULE(s)
is provided in EXHIBIT B of this Agreement. CITY
and CONTRACTOR understand that these schedules
are estimates made at the time of this Agreement.
Schedule(s) may be changed upon written notice
thirty (30) days prior to such schedule changes by
either CITY or CONTRACTOR. In the event that
CITY desires to reschedule anyon-site services
provided by CONTRACTOR as part of this
Agreement, CITY shall provide CONTRACTOR
with written notice for such rescheduling fifteen (15)
working days prior to the scheduled on-site service.
CITY is responsible for any travel associated
charges, in the event CITY does not inform
CONTRACTOR of the necessity to reschedule on-
site services as described above.
29. Warranty
CONTRACTOR shall provide third party warranty
services in accordance with the original
manufacturers warranty. The hardware and software
warranty will be a straight pass through of the
warranty agreement as provided by the third party
hardware and software manufacturer.
CONTRACTOR makes no warranties or guarantees
as to the third party hardware and software
manufacturers performance. CONTRACTOR will
work with the CITY to resolve warranty issues that
may arise with the third party hardware and software
manufacturers.
CONTRACTOR shall provide warranty services for
CONTRACTOR Licensed Application Software
according to the terms and conditions of the
Agreement for Extended Service as attached in
Exhibit G and incorporated by reference.
During the warranty period, CONTRACTOR
warrants that the CONTRACTOR Licensed
Application Software as provided under this
Agreement will conform to the documents as
specified in Section 11, herein.
97-242
The warranty period for CONTRACTOR Licensed
Application Software is 365 calendar days following
system certification as described in the Statement of
Work and shall not require any additional
compensation or payment by the CITY other than the
call-out fees as described in Agreement for Extended
Service. The Agreement for Extended Service
includes a proposal for extended warranty service
following the warranty period.
The above warranty is in lieu of all other warranties,
written or oral, statutory, express or implied,
including without limitation any warranty of
merchantability and the warranty of fitness for a
particular purpose.
30. Notices
Any notice or demand required or permitted hereunder shall be sufficiently given when set forth in writing and
delivered in person or by United States mail with proper postage affIXed,
To CITY:
To CONTRACTOR:
Carolyn Fuson, Contracts Administratnr
CONTRACTOR, Inc.
39350 Civic Center Drive, Suite 280
Fremont, CA 94538
or to such other address as each party may from time to time designate.
Revision Date: 6/9/97
Page 7
97-242
IN WITNESS WHEREOF, the parties have hereunto set their hands on the dates set forth above:
CITY:
CONTRACTOR:
~MfiA
I
Name: l' OM. Mi r.[O rc
Title: (JILIN Nt...
Date: g-(g-17
,~4--
~
Name: Craig A. Nelson
Title: Vice President Marketing
Date: June 13, 1997
Witnessed by:
Witnessed by:
Nam~-J1dAn ;j)1prJ,/;)o.//IJepufj
Date: _. t-jg- 9'1
Name:
Date: June 13, 1997
Revision Date: 6/9/97
Page 8
97-242
CALIFORNIA
118C4
ALL-PURPOSE _
ACKNOWLEDGEMENT
ST ATE OF CALIFORNIA
COUNTY OF 'f\ \ ~'N\.d ~
OnSlJ,.",... \~ \~c.., before me,
DATEl
-0 u.b~l c..
UBLlC'
personally appeared, C' '\~. \ ~ ~ _ (\8. \.:::, <:) 1'\ .
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/
they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), orthe entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
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TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE
97-242
EXHIBIT A
Statement of Work
Revision Date: 2/19/97
97-242
Exhibit A: Statement of Work
1.0 PROJECT STATEMENT OF WORK
1.1 General Scope:
The following Statement of Work defmes the principal activities and responsibilities of the City
of San Bernardino (CITY) and Tiburon, Inc. (CONTRACTOR) in the implementation of an
Integrated Public Safety System (System) to support the CITY of San Bernardino Public Safety
agencies. The System will be comprised of several major Subsystems which, working together,
will comprise the Integrated Public Safety System. The major Subsystems are:
CAD/2000
Police RMS/2000
Fire RMS/2000
CMS/2000
Computer Aided Dispatch system - PolicelFire
Records Management System - Police
Records Management System - Fire
Corrections Management System
The Statement of Work defines each task at the System level. As a deliverable of Task 5 -
Develop Detailed Project Implementation Plan, CONTRACTOR will define each task at the
subsystem level.
Please note that the following Statement of Work is contingent upon the General Assumptions
and Client Responsibilities as defined in Exhibit E.
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97-242
Exhibit A: Statement of Work
1.2 Detailed Project Plan:
Task 1: Assign Project Managers
Objective: Assign Project Managers for both CITY and CONTRACTOR project teams.
Task Description:
Prior to scheduling the project initiation session, it is important to establish project managers for
both teams and to identify/document the responsibilities of each manager.
Responsibilities:
CONTRACTOR shall:
a. Designate a Project Manager who will direct CONTRACTOR efforts and serve as the
primary point of contact for CITY. The responsibilities of the CONTRACTOR project
manager include:
Maintain project communications with CITY Project Manager.
Manage the efforts of CONTRACTOR staff and subcontractors and coordinate
project activities with the CITY project team members.
Measure and evaluate progress against the Detailed Project Plan.
Resolve deviations from the project plan that are within CONTRACTOR control.
Monitor the project to insure that support resources are available as scheduled.
Coordinate the installation of all CONTRACTOR application software and
associated computer hardware/system software, communications and mobile
information system components.
Review and administer change control procedures through CITY Project
Manager.
Conduct status meetings with CITY Project Manager on a monthly basis, or as
may be otherwise reasonably required to communicate project status.
Provide timely responses to issues relating to project progress raised in writing by
CITY Project Manager.
Prepare and submit, no later than the fifth business day of each month, a status
report which identifies the activities of the previous month, as well as activities
planned for the current month.
Page 3
Revision Date: 2/19/97
97-242
Exhibit A: Statement of Work
CITY shall:
a. Designate a project manager whose responsibilities include:
Maintain project communications with CONTRACTOR Project Manager.
Manage the efforts of CITY staff.
Measure and evaluate progress against the Detailed Project Plan.
Monitor the project to insure that support resources are available as scheduled.
Attend status meetings with CONTRACTOR Project Manager.
Provide timely responses to issues related to project progress raised in writing by
CONTRACTOR Project Manager.
Review and administer change control procedures, hardware and software
acceptance, and all related project tasks required to maintain the implementation
schedule.
Will work with the appropriate CITY designees to approve and release payments
in a timely manner.
Completion Criteria:
1ms task is considered complete when the appropriate project managers are identified and
briefed on their associated responsibilities.
Task 2:
Project Initiation Session
Objective:
Establish project plans and procedures.
Task Description:
The project will be initiated within thirty (30) business days following contract execution and
receipt of "Notice-to-Proceed" from CITY, with a Project Initiation Session of all key CITY and
CONTRACTOR project personnel. The objectives of this first meeting are to:
Introduce all project participants;
Review roles of key participants;
Establish a clear chain of communication;
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Exhibit A: Statement of Work
Review overall project scope and objectives;
Review the overall plan of action and expected results;
Identify overall project constraints and priorities;
Review overall project schedule;
Review resource and scheduling requirements;
Review Specification and Change List process;
Establish a schedule for initial System Specification Review Meetings;
Produce an overall Project Management Plan.
Responsibilities:
CONTRACTOR shall:
a. Establish a schedule and agenda to meet with CITY personnel for the Project Initiation
Session.
b. Conduct a Project Initiation Session, accomplishing the objectives referenced above.
c. Assist the CITY in developing an overall Project Management Plan.
CITY shall:
a. Ensure that all appropriate CITY personnel attend and actively participate in the Project
Initiation Session.
b. CITY will develop an overall Project Management Plan that will include a schedule for
CITY tasks that are outside of this Agreement, yet are required for completion of the
Integrated Public Safety System project. At a minimum, these CITY tasks will include
the Motorola Data and Voice infrastructure, installation of mobile computers, necessary
CITY network infrastructure and CITY supplied personal computers.
Completion Criteria:
This task is considered complete when the initial project meeting has been held, a schedule of
initial System Specification Review meetings is developed and the Project Management Plan is
developed.
Task 3: Develop System Specification Documents
Objective: Document all system tailoringlcustomization requirements.
Task Description:
Revision Date: 2/19/97
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Exhibit A: Statement of Work
Within thirty (30) calendar days following the Project Initiation Session, the CONTRACTOR
team will begin preparation of a Change List and System Specification document for each
CONTRACTOR subsystem to be installed.
System Specification Review meetings will be held for each CONTRACTOR subsystem to
identify all requirements for tailoring and customization. Separate meetings will be conducted to
document requirements for the following CONTRACTOR subsystems:
CAD/2000
Police RMS/2000
Fire RMS/2000
CMS/2000
Computer Aided Dispatch system - PolicelFire
Records Management System - Police
Records Management System - Fire
Corrections Management System
Review meetings will be supplemented with additional reviews where required to defme all
internal and external interfaces.
Using CONTRACTOR baseline System Specification documents, CONTRACTOR will work
with the appropriate CITY staff to identify and document all tailoring and customization
requirements for each CONTRACTOR system to be installed. This phase may also include an
on-site demonstration of key CONTRACTOR systems as necessary to aid in the analysis of the
System functionality.
The information gathered will be used to modify each baseline System Specification document to
reflect the specific changes required for implementation. The resulting documents will reflect
the unique requirements of the CITY while retaining ongoing compatibility with
CONTRACTOR baseline software products.
Each System Specification document will define the functions of each transaction, including all
screen input and output formats, data element definitions and report formats.
The resulting System Specification documents will be submitted to CITY project manager and,
following review and approval, will serve as design, implementation and acceptance guides for
use throughout the project. They will also serve as detailed user reference documents for the
operational systems.
Responsibilities:
CONTRACTOR shall:
a. Analyze, with CITY personnel, CONTRACTOR Baseline System Specification
documents and identify those items which are to be tailored/customized to CITY
requirements.
b. Conduct detailed system demonstrations where necessary to aid in the system
specification review process.
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Exhibit A: Statement of Work
c. Prepare System Specification documents as described above for each CONTRACTOR
system to be installed.
d. Review the System Specification documents with appropriate CITY personnel and make
any changes and/or corrections that are mutually agreed upon.
CITY shall:
a. Provide, upon request, currently existing information, data, records, and documents and
make such design decisions as may be reasonably required to document changes
necessary for the CONTRACTOR systems.
b. Ensure that all appropriate CITY personnel are present and actively participating in
scheduled System Specification Review Meetings.
c. Review the System Specification documents submitted by CONTRACTOR and identify
in writing any specific deficiencies found.
Completion Criteria:
Completion of this task is assessed at the Subsystem level. This task is considered complete for
each Subsystem upon (a) the CITY=s written acceptance of the System Specification documents
for each Subsystem; or (b) fifteen (15) business days after CONTRACTOR submittal of the
System Specification documents for each Subsystem to CITY, whichever comes first, except for
those deficiencies so identified in writing by CITY.
Task 4: Develop Functional and System Acceptance Test Plans
Objective: Establish plans for Functional and System Acceptance Testing procedures.
Task Description:
Once all requirements for system tailoring and customization are identified through the System
Specification Review process, CONTRACTOR will work with CITY project personnel to
establish plans for Functional and System Acceptance, according to the guidelines set forth in
Exhibit H - Performance Test Plan and Exhibit I - Reliability Test Plan, which are both
incorporated herein by reference. The Acceptance Test Plans will include provisions for:
Functional Testing
Performance Testing
Reliability Testing
Page 7
Revision Date: 2/19/97
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Exhibit A: Statement of Work
Responsibilities:
CONTRACTOR shall:
a. Prepare plans for Functional and System Acceptance, as defined above.
b. Review the Acceptance Test Plans with appropriate CITY project personnel and make
any changes and/or corrections that are mutually agreed upon.
CITY shall:
a. Review the Acceptance Test Plans with CONTRACTOR project personnel.
Completion Criteria:
The task is considered complete when the plans for Functional and System Acceptance are
completed and accepted by the CITY.
Task 5: Develop Detailed Project Implementation Plan
Objective: Establish the final Detailed Project Implementation Plan.
Task Description:
The objective ofthis task is to fmalize the Detailed Project Implementation Plan for the project
based upon the requirements identified and the associated plans, priorities and staffing
requirements of both parties. This task involves an analysis by CONTRACTOR and CITY
personnel of the project objectives, priorities, and schedules to establish the final implementation
plan for the project. The resulting document will define the specific project tasks, CITY and
CONTRACTOR responsibilities, and month-by-month schedule for each Subsystem comprising
the Placer CITY Integrated Public Safety System.
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Exhibit A: Statement of Work
Responsibilities:
CONTRACTOR shall:
a. Review with CITY personnel the identified implementation priorities, inter-dependencies
and staffing requirements to establish the final Detailed Project Implementation Plan.
b. Prepare the final Detailed Project Implementation Plan, as defined above.
c. Review the Detailed Project Implementation Plan with CITY personnel and make any
changes and/or corrections that are mutually agreed upon.
CITY shall:
a. Analyze with CONTRACTOR project personnel the identified requirements and make
such implementation decisions as may be reasonably required to finalize the Detailed
Project Implementation Plan.
b. Review the final Detailed Project Implementation Plan and identify in writing any
specific deficiencies found.
Completion Criteria:
This task is considered complete when the Detailed Project Implementation Plan is completed
and accepted by CITY.
Task 6: Validate Hardware Requirements
Objective: Finalize hardware/system software and communications requirements.
Task Description:
Once final application and interface requirements are documented and all System Specification
Documents are approved by CITY personnel, the CONTRACTOR project team will reevaluate
the proposed computer hardware/system software, network and communications configuration
for accuracy. This hardware validation step is necessary before fmal equipment can be placed on
order.
Responsibilities:
CONTRACTOR shall:
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97-242
Exhibit A: Statement of Work
a. Validate, with CITY personnel, the accuracy of CONTRACTOR proposed computer
processor(s), system software, all associated workstations, communications and related
components.
b. Prepare the final hardware/system software and communications configuration to support
all documented facilities and functions.
CITY shall:
a. Provide, upon request, information on existing communications/local area network and
other information as may be reasonably required to validate final hardware requirements.
b. Review the fmal hardware/system software and communications configuration with the
CONTRACTOR project team.
Completion Criteria:
This task is considered complete when the final hardware/system software and communications
configurations are certified by CONTRACTOR and CITY for accuracy.
Task 7: Establish System Generationtresting Platform.
Objective: Establish a platform to support application generation activities.
Task Description:
Following completion of the previous tasks, CONTRACTOR will order, accept delivery, install,
and assume responsibility for a subset of the hardware configuration in the Tiburon Development
Center in Fremont, California. This equipment will serve as a System GenerationfTesting
Platform to support application installation, tailoring/customization and unit testing activities.
Responsibilities:
CONTRACTOR shall:
a. Order a subset of the required Digital Equipment Corporation (DEe) hardware, system
software, communications, and workstation equipment for delivery to CONTRACTOR's
Development Center.
b. InstalVtest the DEC hardware, system software, communications and workstation
equipment in the Tiburon Development Center.
Completion Criteria:
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Exhibit A: Statement of Work
This task is considered complete when all computer equipment ordered for system
generation/testing is delivered and installed in the CONTRACTOR Development Center.
Task 8: Baseline Software Installation
Objective: Install baseline application software for each Subsystem.
Task Description:
All baseline software applications will be loaded on the CITY DEC equipment temporarily
installed in the Tiburon Development Center. CONTRACTOR shall assume total responsibility
for installation of all application software Subsystems on this platform.
Responsibilities:
CONTRACTOR shall:
a. Install the baseline software application modules on the CITY DEC computer platform.
b. Test the basic operation of each baseline subsystem.
c. Provide CITY project personnel with reasonable access to the CITY DEC computer
platform installed at the Tiburon Development Center.
Completion Criteria:
This task is considered complete when each baseline application Subsystem has been installed
and tested by the CONTRACTOR on the CITY DEC equipment temporarily installed in the
Tiburon Development Center.
Task 9: System TailoringlCustomization
Objective: Tailor/customize application software Subsystems according to agreed to System
Specification documents.
Task Description:
CONTRACTOR will perform all tailoringlcustomization activities in phased approach, with
priority Subsystem(s) being completed first. TailoringlCustomization activities will be grouped
according to the following Subsystems:
CAD/2000
Police RMS/2000
Computer Aided Dispatch system - PolicelFire
Records Management System - Police
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Exhibit A: Statement of Work
Fire RMS/2000
CMS/2000
Records Management System - Fire
Corrections Management System
All software tailoring and customization is the responsibility of CONTRACTOR, with the initial
phases being performed in the Tiburon Development Center, based upon the System
Specification documents as modified and approved by the CITY and the CONTRACTOR.
Responsibilities:
CONTRACTOR shall:
a. Tailor/customize the application software comprising each Subsystem in accordance with
the System Specification documents.
b. Unit test each transaction to confirm its operation in accordance with the System
Specification documents.
CITY shall:
a. Promptly address/answer questions which may arise during the tailoring and
customization of the systems.
b. Visit the Tiburon Development Center as appropriate to review the
tailoring/customization activities.
Completion Criteria:
Completion of this task is assessed at the Subsystem level. This task is considered complete for
each Subsystem when CONTRACTOR certifies to the CITY that all Development Center
modifications for that Subsystem are complete and unit tested.
Task 10: On-site Installation
Objective: Transfer computer equipment and tailored/customized application software to
CITY site.
Task Description:
Following completion of unit testing of each application Subsystem, applicable CITY hardware
components which were installed in the Tiburon Development Center will be de-installed,
delivered and then re-installed at the CITY site, with the tailored/customized application
Subsystem. On-site installation activities will be grouped according to the following
Subsystems:
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Exhibit A: Statement of Work
CAD/2000
Police RMS/2000
Fire RMS/2000
CMS/2000
Computer Aided Dispatch system - PoliceIFire
Records Management System - Police
Records Management System - Fire
Corrections Management System
Additional hardware and software components needed for on-site customization and interfaces
will be ordered and delivered as each Subsystem in transferred to the CITY site.
Responsibilities:
CONTRACTOR shall:
a. Assume responsibility for the phased de-installation, transportation and final site
installation of all hardware and system software which had been installed in the
CONTRACTOR Development Center.
b. As required, order remaining hardware and system software components required to
support production status of each application Subsystem on the applicable DEC computer
platform.
c. Coordinate the installation of all remaining hardware and system software components
required to support production status of each application Subsystem on the applicable
DEC computer platform.
d. Migrate each application Subsystem to the applicable computer platform(s).
e. Install PC Workstations into communications consoles/furniture as required for
CAD/2000 workstation operation and maintenance.
CITY shall:
a. Provide a site adequate for the installation, operation and maintenance of all computer
and peripheral equipment.
b. Provide all communication lines, electrical, cabling and other components necessary for
system operation and maintenance which are not provided by CONTRACTOR.
c. Assume responsibility for protection of all hardware and software components once
delivered on-site at CITY location.
d. Install/test all application software which will interoperate with the CITY=s network.
.Revision Date: 2/19/97
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Exhibit A: Statement of Work
e. Establish all connections to the CITY=s existing local area network, and assume
responsibility for all network and workstation hardware/software necessary for proper
operation on the CITY =s existing local area network.
f. Manage and assume responsibility for the Motorola Data and Voice infrastructure
including in-car installation and support of mobile computers and modems.
Completion Criteria:
Completion of this task is assessed at the Subsystem level. 1bis task is considered complete for
each Subsystem when each application Subsystem, as delivered with modifications identified for
off-site development, is installed at CITY site.
Task 11: Geographic File Building and Loading
Objective: Establish the required geographic file.
Task Description:
Establish a geographic file to support the Integrated Public Safety System.
Responsibilities:
CONTRACTOR shall:
a. Develop a Geofile Creation Plan.
b. Provide training to CITY project personnel for the Geofile creation process, including the
geofile database structure, the project plan, source material acquisition and Geofile
verification criteria.
c. Acquire the necessary CITY provided GIS data file in an ARClnfo format.
d. Provide CITY project personnel with a verification package, including a street centerline
plot and an error report.
e. Produce the required Geofile.
f. Install and test the Geographic Maintenance System with the loaded Geofile data.
g. Upload and install the Geofile into each Geofile-dependent Server.
CITY shall:
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Exhibit A: Statement of Work
a. Appoint a geofile coordinator (Liaison) to be the single point of contact for Geofile
activities.
b. Attend training for the Geofile creation process.
c. Verify and edit the GIS data using the CONTRACTOR supplied GMS system.
Completion Criteria:
This task is considered complete when the Geofile has been installed and CONTRACTOR
certifies that unit testing is complete.
Task 12: General FilelFonn Building
Objective: Establish test/production files and agency-specific forms.
Task Description:
The CONTRACTOR project team will be responsible for building a set of test/training files and
for defining all production data files in each Subsystem. The project team will then train CITY
personnel in the entry of agency-specific information such as code tables, unit identifications, run
cards, security profiles, etc., and forms for external system inquiries and field reports. General
file/form building activities will be grouped according to the following Subsystems:
CAD/2000
Police RMS/2000
Fire RMS/2000
CMS/2000
Computer Aided Dispatch system - PolicelFire
Records Management System - Police
Records Management System - Fire
Corrections Management System
Responsibilities:
CONTRACTOR shall:
a. Build a set of test/training files and defme all production data files for each Subsystem.
b. Provide data input specifications for data and tables required for each Subsystem.
c. Provide education to CITY personnel on the entry of agency-specific data.
d. Provide CITY technical personnel with baseline forms and training on the proper use of
the Tiburon on-line reformatter for use in developing/tailoring screen masks for
CLETSINCIC system inquiries.
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Exhibit A: Statement of Work
Responsibilities:
CONTRACTOR shall:
a. Provide training for CITY Technical and Training personnel for each application
Subsystem, as presented in the CONTRACTOR Proposal and on a mutually agreed to
schedule.
b. Provide printed training materials, including lesson plans for the courses in the form of
reproducible masters and machine-readable documents.
c. Provide technical and user manuals for all installed Subsystems.
CITY shall:
a. Designate and,assign training personnel to receive and then conduct training.
b. Designate and assign technical personnel to receive technical training.
c. Provide suitable classroom facilities with computer workstations and printer equipment
for each staff member participating in the training session.
d. Ensure that appropriate CITY personnel are available to actively participate in the
scheduled training programs.
Completion Criteria:
Completion of this task is assessed at the Subsystem level. This task is considered complete for
each Subsystem when CONTRACTOR has completed the scheduled technical and user training
and has delivered all associated documentation for that Subsystem.
Task 14: Functional Acceptance Testing
Objective: Perform functional and performance tests of each Subsystem.
Task Description:
Within ten (10) business days following CONTRACTOR Certification that each Subsystem is
ready for Functional Testing, CONTRACTOR and CITY project personnel will conduct
Functional and Performance Tests of the applicable functions and features of the Subsystem.
These tests will be in strict accordance with the provisions established under Task 4 - Develop
Functional and System Acceptance Test Plans (above). Functional Testing will be conducted by
Subsystem, according to the following groupings:
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Exhibit A: Statement of Work
CAD/2000
Police RMS/2000
Fire RMS/2000
CMS/2000
Computer Aided Dispatch system - PolicelFire
Records Management System - Police
Records Management System - Fire
Corrections Management System
The System Specification documents will serve as the basis for the Functional Tests.
Performance Tests will be according to the guidelines set forth in Exhibit H - Performance Test
Plan.
Responsibilities:
CONTRACTOR shall:
a. Provide CITY with a final, updated version of the System Specification documents for
use in functional testing of each Subsystem.
b. Certify all applicable software and systems as ready for Functional and Performance
testing.
c. Assist CITY in testing the functions of each installed Subsystem, to ensure conformance
with the applicable System Specification documents.
d. Assist CITY in testing the performance of each installed Subsystem, to ensure
conformance with the applicable Performance Test Plan.
e. Provide software or documentation modifications as needed to correct errors in system
functionality and/or performance.
CITY shall:
a. Generate test data files needed for functional and performance testing.
b. Test the functions of each installed Subsystem to verify conformance with the applicable
System Specification document.
c. Test the performance of each installed Subsystem to verify conformance with the
applicable Performance Test Plan.
d. Document each error in Subsystem functionality and/or performance.
e. Work with CONTRACTOR to identify the type of correction needed to ensure that each
Subsystem conforms to the applicable System Specification document and Performance
Test Plan.
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Exhibit A: Statement of Work
Completion Criteria:
Completion of this task is assessed at the Subsystem level. This task is considered complete for
each Subsystem when that Subsystem has been successfully demonstrated to operate in
accordance with the applicable System Specification Documents and Perfonnance Test Plan.
Task 15: CONTRACTOR Certification and System Cutover
Objective: Cutover to production status.
Task Description:
Once Functional Testing is complete for each Subsystem, CONTRACTOR will certify the
Subsystem as ready for operational status and then assist CITY in placing the Subsystem into
productive use. Cutover to a production status will be on a phased basis, with only one
Subsystem at a time being moved into production. Cutover will occur according to the following
groupings:
CAD/2000
Police RMS/2000
Fire RMS/2000
CMS/2000
Computer Aided Dispatch system - PolicelFire
Records Management System - Police
Records Management System - Fire
Corrections Management System
Responsibilities:
CONTRACTOR shall:
a. Certify that each Subsystem is ready for production operation.
b. Assist CITY in placing each Subsystem into a production status.
c. Monitor the initial operation of each Subsystem and answer any technical or functional
questions posed by CITY.
d. Assist CITY training staff in utilizing each Subsystem and the CITY technical staff in
supporting each Subsystem.
CITY shall:
a. Place each Subsystem into production and begin operational use in consultation with
CONTRACTOR and in accordance with the Project Schedule.
Completion Criteria:
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Exhibit A: Statement of Work
Completion of this task is assessed at the Subsystem level. This task is considered complete for
each Subsystem when CONTRACTOR certifies the Subsystem as ready for production status.
Task 16:
System Acceptance Testing
Objective:
Confirm that each Subsystem operates according to agreed to reliability standards.
Task Description:
Immediately upon completion of Functional Acceptance, as defined in Task 14 - Functional
Acceptance Testing (above), each Subsystem will be operated in accordance with its normal
operating practices over a period of thirty (30) continuous days to determine if the Subsystem
meets the reliability standards set forth in Exhibit I - Reliability Test Plan. System Acceptance
Testing will be conducted by Subsystem, according to the following groupings:
CAD/2000
Police RMS/2000
Fire RMS/2000
CMS/2000
Computer Aided Dispatch system - PolicelFire
Records Management System - Police
Records Management System - Fire
Corrections Management System
CONTRACTOR shall:
a. Assist CITY in conducting reliability tests for each Subsystem according to the
applicable Reliability Testing procedures.
b. Provide hardware, software and/or documentation modifications as necessary to correct
all deficiencies documented as a result of the Reliability Testing procedures.
CITY shall:
a. Conduct reliability tests for each Subsystem according to the applicable Reliability
Testing procedures including CAD failover.
b. Document all deficiencies identified a result of the Reliability Testing procedures.
Completion Criteria:
Completion of this task is assessed at the Subsystem level. This task is considered complete for
each Subsystem following the expiration of the System Acceptance Testing period for that
Subsystem and after all deficiencies as documented by the CITY through the System Acceptance
Testing procedures, have been addressed or corrected. Any additional errors or deficiencies that
are identified following the System Acceptance Testing period will be corrected under the
provisions of the CONTRACTOR Extended Service - warranty program.
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Exhibit A: Statement of Work
Task 17: Deliver Final Source Code
Objective: Deliver source code (unmodified and modified) and documentation for all
application software products.
Task Description:
Once all modifications have been applied to each Subsystem, CONTRACTOR will deliver to
CITY software tapes containing the final (unmodified and modified) source code and associated
documentation for each installed Subsystem.
Responsibilities:
CONTRACTOR shall:
a. Deliver software tapes containing the fmal (unmodified and modified) source code and
documentation for each installed application Subsystem.
Completion Criteria:
Completion of this task is assessed at the Subsystem level. This task is considered complete for
each Subsystem when the documentation and software tapes containing the (unmodified and
modified) source code for that Subsystem have been delivered to the CITY.
Revision Date: 2/19/97
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97-2 2
EXHIBIT B
Project Deliverables
Revision Date: 2/14/97
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Exhibit B: Project Deliverables
Pricing Assumptions:
The prices referenced herein are based upon the following assumptions:
1) All prices stated below are based upon the CONTRACTOR's best understanding of the
CITY automation requirements.
2) All Technical Services Fees referenced above include Standard System Tailoring.
Standard System Tailoring includes those modifications to the data entry screens and
reports which do not involve changes to the applications and/or database. All other
modifications are considered custom coding. All requirements for custom coding, in
addition to those specifically referenced above, can be provided, but at a price in addition
to those stated above.
3) Payment is due in full for all hardware/system software upon installation and
CONTRACTOR certification of successful completion of manufacturer's standard
installation/verification test procedures.
4)
CONTRACTOR may take delivery and install in its Fremont Development Center, a
subset of the CONTRACTOR-supplied hardware/system software, and workstation
equipment and CITY -supplied workstation equipment to support system
generation/tailoring activities.
'I
1
j'
5) All hardware/system software warranties shall commence upon CONTRACTOR
certification of successful completion of manufacturer's standard installation/verification
test procedures.
6) Program warranties shall commence upon satisfactory completion of the System
Acceptance Test for each individual Subsystem.
7) The CONTRACTOR price for Oracle 7 is based upon a concurrent device count of 84
devices. At any point during the life of the System, should the CITY concurrent device
count for users accessing Oracle-based Programs exceed this quantity, the CITY shall
immediately notify CONTRACTOR of the revised quantities and make prompt payment
to CONTRACTOR for all concurrent devices in excess of 84, at CONTRACTOR then
current rate for Oracle 7 Runtime Licenses, plus the applicable Systems Integration Fees
calculated at 22%.
8) While CONTRACTOR is supplying certain unique hardware/software components (as
specified above), CONTRACTOR price assumes that the CITY will supply all requisite
PC Workstation, report writing software, communications and networking equipment.
9) The CONTRACTOR price for Personal Computer Systems Integration services does
assume that the CONTRACTOR will retain integration responsibilities for the CITY-
Revision Date: 6/111197
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Exhibit B: Project Oeliverables
supplied PC Workstations to support: CAD/2000 workstations; ARS/PC; GMS; RNC
interface and GP A licensed products, only.
10) CONTRACTOR price for Systems Integration Services assumes that the CITY will
assume integration responsibilities for all Motorola mobile data, voice communications
and console electronics systems.
12) CONTRACTOR price assumes that the CITY will assume responsibility for the
installation of all mobile computing equipment including the Motorola RNC6000.
13) CONTRACTOR price assumes that the CITY will provide the services and facilities
necessary for the completion of this project within 18 months from project initiation.
14) CONTRACTOR price assumes that all existing CITY-provided components, (i.e.,
MDT's, bar code readers, Imaging System, etc.) will meet their intended use within the
planned CONTRACTOR Program environment.
15) CONTRACTOR hardware price assumes that the CITY will supply all UPS equipment.
16) CONTRACTOR price assumes that all CITY-supplied LAN/WAN components, servers
and workstations will provide the level of access, performance and reliability necessary to
ensure the effective and undisturbed use of CONTRACTOR Programs.
17) CONTRACTOR price assumes that CITY personnel will install the client-based portion
of the Programs on the CITY PC workstations, with CONTRACTOR providing up to 15
days of technical services in support of these installation activities.
18) The following is a description of the interfaces that will be installed.
a) MOSCAD - CONTRACTOR will send a set of alphanumeric character strings to the
MOSCAD system based upon the Fire units that are dispatched. This will be a single,
on-site, serial, ASCII connection with a simple handshake.
b) SIMS II - The CITY will provide standard Motorola SIMS II access and the
Contractor will interface the SIMS II (Push to Talk) Unit Id information in the CAD
2000 System Window.
c) VESTA 911rrDD - CAO/2000 will be installed with a standard interface to the City=s
VESTA ALIffDO controller. It is understood that the City will be responsible for this
equipment, any special interface adapters or controllers on the ALl equipment, and that this
interface will be co-located with the CAD processor. Tiburon is not proposing any special
cable runs, line extenders, modems or similar equipment to connect to this subsystem. The
TOO conversations will be saved by the VESTA system for transfer to the CAD/2000
system. The TOO conversation will be stored in a separate file for inquiries and research.
Revision Date: 6/111197
Page 3
97-242
Exhibit B: Project Deliverables
d) MDT RNC 6000 - Contractor will provide an interface between the CAD/2000
system and a Motorola RNC6000 that is located in proximity to the CAD Server.
Contractor will provide functionality that is similar to the current system. Some
Police MDT codes, function names and screen formats may be slightly different
based upon the current CITY supplied Mobile Data Terminal Manual. The Fire MDT
interface cost may change when CONTRACTOR is able to review a FIRE MDT
functional manual.
e) CLETS/ ASAFE - Tiburon is proposing an interface to CLETS using the County of San
Bernardino message switch. This interface will be supported by the CAD/2000 message
switch, controlling all line protocols, message queuing and displaying. As a standard part of
this facility, the CAD/2000 Message Reformatter is proposed. Via this facility, the input
formats, data edits, AhellE information, and the creation of the reformatted message is
defined on-line, and can be maintained by the user.
t) NETCLOCK - CONTRACTOR will supply software to update the computer system
time on the CAD, Police RMS and Fire RMS using the NETCLOCK hardware
supplied by the CITY.
g) ProQA - CONTRACTOR will add information as transferred from the Medical
Priority ProQA system to the CAD/2000 call for service. The information that will be
transferred to CAD/2000 from ProQA is the nature of call, priority and answers to the
triage questions. This information will be added to the call as text. (Deleted)
h) Document Imaging - CONTRACTOR will provide an access button on the
Incident/Case screen that allows a user to start the current CITY Imaging Viewer
application with the current CASE number. Once the Image Viewer is initiated, all
access to the documents including paging, printing and researching other documents
will rely on the CITY Imaging Viewer.
19) The following is a description of the custom software that will be installed.
a) MDT Interface to SBCO using the following commands: WHO, WHERE, TO and
ROUTE between the CITY and San Bernardino County
b) The following CLETS responses will be forwarded to both the initiating terminal and to
the controlling dispatcher: Stolen Vehicles, Felony Vehicles and Felony Warrants.
c) MDT "On-Scene" Message - Create a system generated message when units (assigned to
the same call) go on-scene.
d) Applicant Tracking Mask For Personnel and Training - Enter into the alpha system all
applicants with a new screen for the Personnel and Training system. Users will add a
person to the Alpha system and track the different phases of the application process
including testing, date and pass/fail.
Revision Date: 6/11/197
Page 4
97-242
Exhibit A: Statement of Work
CITY shall:
a. Develop and enter all agency-specific data, which is to be entered manually.
b. Be responsible for the accuracy of the data provided by the CITY.
c. Utilize the Tiburon on-line reformatter to develop/tailor screen masks for CLETS/NCIC
system inquiries.
Completion Criteria:
Completion of this task is assessed at the Subsystem level. lbis task is considered complete for
each Subsystem when CONTRACTOR has trained CITY personnel on procedures for entering
agency-specific forms and data for that Subsystem.
Task 13: TechnicallUser Training and Documentation
Objective: Conduct technical/user training for each Subsystem and deliver all prerequisite
documentation.
Task Description:
A comprehensive training program will be developed and scheduled for CITY personnel.
Training will be conducted to thoroughly train CITY Training personnel on the proper use of
each Subsystem and CITY Technical personnel on the proper operation and support of the
installed systems. A set of user and technical documents will be provided for each installed
Subsystem. Training Sessions will be conducted by Subsystem, according to the following
groupings:
CAD/2000
Police RMS/2000
Fire RMS/2000
CMS/2000
Computer Aided Dispatch system - PolicelFire
Records Management System - Police
Records Management System - Fire
Corrections Management System
Revision Date: 2/ 19/97
Page 16
97-242
Exhibit B: Project Deliverables
e) Traffic Engineering Modifications to TCOL - This 5 days of programmer time for
additional changes once the Traffic Engineer are familiar with the new product.
f) APB Screen for Terminals and MDTS - Convert the ad hoc BRUT APB screen to an
integrated RMS function.
Revision Date: 6/111197
Page 5
97-242
City of San Bernardino
CAD,RMS and MDT System
Computer Aided Dispatch Servers
1 Dual DEC AlphaServer 1000 5/400 Unix Server $ 79,874.00 $79,874.00
High Availability, 256MB memory, 6 Gb disk per, media and "C"
Police RMS, Jail RMS Server and Fire RMS
1 DEC AlphaServer 4000 5/400 Unix $ 57,578.00 $57,578.00
14.7 GB disk, Raid, 512 MB memory, 8 GB Tape Dr.
Oracle Products
63 Oracle 7 (Concurrent Police User) Runtime License $ 1,000.00 $63,000.00
15 Oracle 7 (Concurrent Fire User) Runtime License $ 1,000.00 $15,000.00
3 Oracle 7 (Concurrent User) Full Use License $ 1,750.00 $5,250.00
3 Oracle Programmer12000 $ 695.00 $2,085.00
Police CAD Workstations
11 Colorgraphics PCI Video ( Quad) $ 1,095.00 $12,045.00
11 eXceed X-window emulator $ 295.00 $3,245.00
3 Colorgraphics PCI Video ( Dual) $ 895.00 $2,685.00
Fire CAD Workstations
6 Colorgraphics PCI Video $ 1,095.00 $6,570.00
6 eXceed X-window emulator $ 295.00 $1,770.00
MIS CAD Workstations
4 Colorgraphics PCI Video $ 1,095.00 $4,380.00
2 eXceed X-window emulator $ 295.00 $590.00
GMS Servers
1 Colorgraphics PCI Video $ 1,250.00 $1,250.00
Network Equipment
1 Async-Bisync Converter $ 2,595.00 $2,595.00
Page 1
97-242
City of San Bernardino
CAD,RMS and MDT System
Miscellaneous HandwarelSoftware
1 RNC 6000 Interface PC
1 Microfocus Cobol Compiler
1 Field Reporting Report Control System PC using NT Server
$ 3,800.00
$ 2,850.00
$ 7,800.00
$3,800.00
$2,850.00
$7,800.00
System Integration Service
$ 59,921.00
Project Management
$ 157,061.00
General Technical Services - includes Oracle installation
$ 87,256.00
Travel Expenses
$ 72,765.00
Page 2
97-242
City of San Bernardino
CAD,RMS and MDT System
Application Software License $ 251,180.00
DEC Alpha CAD12000 Nucleus License
Service Types - Law Enforcement and Fire
Dispatcher - 17 licenses
MultiJurisdiction ( 4 additional Jurisdictions)
Real Time Mapping Server
Real Time Mapping Workstation - 17 licenses
Geographic Maintenance System
MOSCAD(INTRACK Interface)
Sims II Interface
MDT RNC Interface Police and Fire
ASAFElCLETSINCIC Interface
NETClocik Interface
CARS - PC based CAD Activity Reporting
Training $ 51,851.00
Technical Services
Specification, Installation, Tailoring and Certification Services $ 84,261.00
Conversion None
Extemallnterfaces $ 158,246.00
ASAFElStateJNCIC Interface
MOSCAD (Intrack like) Paging
MDT-Police(RNC)
MDT-Fire
High Priority Dual Response for Felony Warrants & Vehicles
RTM - Mapping Stations Setup and Configuration
High Availability Setup
Remote SBCO Interface for WHO, WHERE, TO and ROUTE
SIMS II Interface
Custom Program and Design $ 159,692.00
Centerline Map Conversion
GeoFile Development & RTM Map Support
Services Request System
MDT "On-scene" Messsage
APB System for MDT's and Terminals
CARS Customization
~
I
Page 3
97-242
City of San Bemardino
CAD,RMS and MDT System
Application Software License $ 147,615.00
Police RMS12000 Nucleus
Alpha System (MNI)
Location System
Incident Tracking
Property/Evidence Management
Special Flags
General Inquiries
Modules:
Warrant Tracking
Criminal Records
Juvenile Records
Traffic Management
Investigative Case Mgmt.
Crime Analysis System
PersonnellTraining
UCR Statistics
Gang System
Officer Activity
Bicycle Registration
Licenses/Permits
Special Intelligence
Neighborhood Watch
Inventory
Other Modules
Graphical User Interface (150)
Calls for Service Unit history
Report Control System
Field Reporting Licenses (Unlimited)
Document Imaging Interface
Training $ 44,991.00
Technical Services
Specification, Installation, Tailoring and Certification Services $ 79,668.00
Conversion (included in Technical Services)
External Interfaces $ 12,792.00
Document Imaging Interface
Program and Design Services $ 25,584.00
False Alarm Changes 10 Days
Duty Roster Changes 10 Days
Applicant Tracking Screen
Traffic Engineering Changes 5 Days
=-
Page 4
97-242
City of San Bernardino
CAD,RMS and MDT System
Application Software License
CMS12000 Nucleus
Alpha System (MNI)
Facility Management
Event Processing
Booking
Release Processing
Modules:
Medical Processing
Other Modules
Graphical User Interface
$ 55,080.00
Training
$ 19,664.00
Technical Services
Specification, Installation, Tailoring and Certification Services
Conversion (None)
External Interfaces (None)
Program and Design Services
To be defined during System Specification 10 Days
$ 51,419.00
$ 8,200.00
Page 5
l
r
97-242
City of San Bernardino
CAD,RMS and MDT System
Application Software License
Fire RMS12000 Nucleus
CFIRS Incident Reporting
Fire Prevention
Personnel & Training
Hazardous Materials
Apparatus/Equipment Maintenance
Central Stores/Inventory
$ 75,385.00
Training
$ 26,219.00
Technical Services
Specification, Installation, Tailoring and Certification Services
Conversion (None)
External Interfaces (None)
Program and Design Services
To be defined during System Specification 10 Days
$ 61,910.00
$ 8,200.00
Less 10% discount
($197,133.00)
Sales Tax at 7.75%
$55,913.00
Page 6
UH97_242
Exhibit C
Initial Project Schedule
97-242
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97-242
Exhibit D
Payment Schedule
97-242
City of San Bernardino
Payment Schedule
Subcontractor LicellSc'
Task Description % Payment Basis Month Fees Fees Services
0 Contract Execution 5% Tiburon Services 0 $55,432.00
50% Tiburon License Fees 0 $ 238,167.00
3 System Specifications Accepted
CAD12000 5% Tiburon Services 3 $55,432.00
RMS12000 - Police 5% Tiburon Services 5 $55,432.00
CMS12000 - Police 2% Tiburon Services 6 $22,173.00
RMS12000 - Fire 3% Tiburon Services 8 $33,259.00
8 Baseline Software Installed 5% Tiburon Services 4 $55,432.00
9 TailoringlCustomization
CAD12000 7% Tiburon Services 6 $77,605.00
RMS12000 - Police 7% Tiburon Services 8 $77,605.00
CMS12000 - Police 2% TibW'OD Services 9 $22,173.00
RMS12000 - Fire 4% Tiburon Services 11 $44,346.00
10 Onsite Installation:
CAD12000 7% Tiburon Services 6 $77,605.00
RMS/2000 - Police 7% Tiburon Services 8 $77,605.00
CMSI2000 - Police 2% Tiburon Services 9 $22,173.00
RMSI2000 - Fire 4% Tiburoo Services 11 $44,346.00
DEC Systems 100% Equipment on Delivery 5 $245,130.00
11 Geofile Delivered 5% Tiburon Services 7 $55,432.00
13 Tech/User Training Complete
CAD12000 4% Tiburon Services 10 $44,346.00
RMS/2000 - Police 3% Tihuron Services 11 $33,259.00
CMS12000 - Police 1% Tiburon Services 11 $11,086.00
RMS12oo0 - Fire 2% Tiburon Services 14 $22,173.00
15 Contractor Certification
CAD12000 3% Tiburon Services 11 $33,259.00
RMS12000 - Police 3% Tiburon Services 12 $33,259.00
CMS12000 - Police 2% Tiburon Services 13 $22,173.00
RMS/2000 - Fire 2% Tiburon Services 16 $22,173.00
16 Subsystem Acceptance
CAD/2000 3% Tiburon Services 12 $33,259.00
RMS/2000 - Police 3% Tiburon Services 14 $33,259.00
CMS/2000 - Police 2% Tiburon Services 14 $22,173.00
RMS/20oo - Fire 2% Tiburon Services 16 $22,174.00
18 Final Source Code Delivered 50% Tiburon License Fees 17 $238,167.00
Sub Totals $245,130.00 $ 476,334.00 $1,108,643.00
Total for All Categories $1,830,107.00
Page 1
97-242
Exhibit E
Assumptions and City Responsibilities
97-242
Exhibit E: Assumptions and CITY Responsibilities
Assumptions and CITY Responsibilities:
I. The CITY will provide a project manager designated by the CITY who will be the primary
representative and contact with CONTRACTOR.
2. The CITY will assign one or more training officers, designated at project initiation, who will work
with the CONTRACTOR staff for the duration of the project.
3. All documents will be approved or rejected by the CITY within 10 working days of submission,
unless explicitly addressed in the Contract or Statement of Work.
4. Facilities will be made available for the installation of the central computer, communication lines
and modems, tenninals and printers plus any related peripheral components at all sites at which
equipment is to be installed. These facilities will be made available in a timely manner to allow for
installation and adequate testing prior to certification.
5. Electrical power and adequate air conditioning will be provided by the CITY for the operation of the
computer equipment and all peripheral components.
6. The CITY is providing the E-911 equipment with interface hardware at a location convenient to the
CAD central processor.
7. Two (2) dial-up telephone lines will be available in the computer room for the purpose of remote
hardware and software support.
8. The CITY will provide and install cabling from personal computers, printers, tenninals, etc. to the
CITY supplied patch panels in the computer room.
9. The CITY will provide and install any required racks, modems, lines and other equipment not
explicitly included in this proposal.
10. Coordination with other CITY agencies, other governmental agencies and the CITY's vendors and
common carriers will be the responsibility of the CITY.
II. All necessary certifications, approvals and other related issues will be completed by the CITY to
provide sufficient time for CONTRACTOR staff to install and test all required interfaces to external
networks and systems.
12. Data entry support personnel and supervisory staff will be provided by the CITY to enter all needed
support data such as code tables and to correct data bases prior to conversion.
13. Any data file conversion will apply to the files as provided by the CITY, with no additional data
nonnalization or verification, and all files for conversion will be provided with adequate time for
conversion and testing.
14. The CAD geographic file will be provided by the CITY, and will be made available at least 90 days
prior to functional testing.
Revision Date: 2/17/97
Page 2
97-242
Exhibit E: Assumptions and CITY Responsibilities
15. All issues regarding file capacities, performance, reliability, serviceability, response times or
functionality are based upon the information provided by the CITY in the Request for Proposal and
associated addenda.
16. For any proposed equipment purchased directly by the CITY, the CITY will assume all responsibility
and costs for acquisition, shipping, installation, configuration, configuration updates, sizing and
performance, system software installation and setup, and compatibility with proposed application
software.
17. Any changes to the scope of the project or equipment to be delivered will be managed through a
standardized project change order procedure.
18. The CITY will provide the necessary classrooms, facilities, materials, copies of documentation, lines
to data terminals and related equipment to support training classes.
19. Travel and per diem expenses for any off-site activities by CITY staff will be the responsibility of
the CITY.
20. The CITY will provide work space for at least two CONTRACTOR staff members, plus 24-hourl7-
day access to the workplace, central processor and related systems, plus standard office facilities.
21. A telephone will be made available at each of the two work spaces, plus adjacent to the central
processor for the duration of the project. CONTRACTOR will be responsible for all long-distance
charges while on-site.
22. Reasonable clerical, reproduction and facsimile services will be made available to the
CONTRACTOR project team.
Revision Date: 2/17/97
Page 3
97-242
Exhibit F
License Agreement
97-242
TffiURON, INC.
SOFfW ARE LICENSE AGREEMENT
This Agreement entered into this _ day of , 19 _ by and between the City of San
Bernardino hereinafter called "CLIENT" and Tiburon, Inc., a Virginia corporation having its office at
39350 Civic Center Drive, Suite 280, Fremont, California, hereinafter called "TIBURON".
Witnesseth
WHEREAS, the CLIENT requires to License APPLICATION SOFTWARE from TIBURON,
NOW THEREFORE, in consideration of the mutual covenants contained herein, the CLIENT and
TIBURON agree as follows:
1. DEFINITIONS.
For the purposes of this Agreement, the following are defmed terms:
a. The term APPLICATION SOFTWARE shall mean licensed information processing programs,
source code, object code and associated documentation.
b. The term ERROR shall mean a defect in the code or in the documentation that prevents the code
from functioning in material conformity with the specification.
c. The term MAINTENANCE shall mean program logic and documentation changes and
improvements to correct known defects and maintain the operational quality of the
APPLICATION SOFTWARE.
d. The term ENHANCEMENT shall mean any added functionality or changes provided by
Tiburon, Client or any third party to the functionality of programs or materials not included in
the APPLICATION SOFTWARE at the time of the execution of the original LICENSE-TO-USE
Agreement.
e. The term SYSTEM SPECIFICATION shall mean CLIENT approved and documented
ENHANCEMENTS to the APPLICATION SOFTWARE.
2. LICENSE
TIBURON hereby grants to CLIENT, and CLIENT hereby accepts, subject to the terms and conditions
of this Agreement, a nonexclusive, nontransferable, perpetual license to TIBURON APPLICATION
SOFTWARE and ENHANCEMENTS as described in Appendix A. The license granted by this
Agreement authorizes use of TIBURON APPLICATION SOFTWARE solely on Hardware performing
work for Client.
3. PROPERTY RIGHTS
Tiburon warrants that it is the sole owner of the APPLICATION SOFTWARE and has full and
exclusive right, title and interest in the APPLICATION SOFTWARE, including all intellectual property
rights. The original and any copies of the APPLICATION SOFTWARE, in whole, or in part, including
any subsequent changes due to MAINTENANCE or ENHANCEMENTS by Tiburon, Client or third
parties, shall be the exclusive property of Tiburon.
97-242
Software License- To-Use Agreement (con!.)
4. NON-DISCLOSURE.
CLIENT is advised and hereby agrees that the APPLICATION SOFTWARE constitutes trade secrets
and proprietary information of TIBURON. CLIENT shall not, without TIBURON's prior written
consent, (a) reproduce, sell, lease, assign, transfer, license, sublicense, share, give, otherwise dispose of
the APPLICATION SOFTWARE or any parts thereof; (b) permit the APPLICATION SOFTWARE or
any parts thereof to be copied or reproduced by any persons or entities; (c) permit the APPLICATION
SOFTWARE or any parts thereof to be used by third parties whether agents or consultants of the
CLIENT in the course of their employment by the CLIENT; or (d) disclose the APPLICATION
SOFTWARE or any parts thereof to any persons or entities except to employees of CLIENT solely for
the purpose of using the APPLICATION SOFTWARE in the course of their employment by CLIENT.
5. RESTRICTIONS ON USE AND TRANSFER
CLIENT may make backup copies of the APPLICATION SOFTWARE for CLIENrs own use and
security. Any backup copies shall be stored at a location or locations under the direct control of
CLIENT. No additional backup copies are authorized except to remedy media failure. CLIENT may
make copies of documentation for CLIENTS own use. In no event with out Tiburon's written consent
may copies of documentation or APPLICATION SOFTWARE be transferred to a third party. CLIENT
may not distribute the APPLICATION SOFTWARE or any part of the materials relating thereto to a
third party. CLIENT may not transfer this license. These restrictions apply to all derivative products of
the APPLICATION SOFTWARE, regardless of whether modifications were made by Tiburon, CLIENT,
or a third party.
6. WARRANTY
TIBURON makes no warranty that all ERRORS have been or can be eliminated from the
APPLICATION SOFTWARE. TIBURON warrants that the APPLICATION SOFTWARE will perform
free of ERRORS that would prevent the APPLICATION SOFTWARE from operating in the marmer
described in the TIBURON SYSTEM SPECIFICATION. This Warranty shall commence upon Final
System Certification and shall continue for a period of twelve (12) months. Modifications to
APPLICATION SOFTWARE by Client or third parties without the prior written consent of Tiburon will
void this warranty.
Page 2
97-242
Software License- To-Use Agreement (cont.)
7. LIMITATION OF LIABILITY
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES AND
CONDITIONS EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE
CONCERNING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TIBURON
WILL NOT BE LIABLE FOR ANY LOST PROFITS, REVENUES, OR FOR ANY CLAIM OR
DEMAND AGAINST CLIENT BY ANY OTHER PARTY. IN NO EVENT SHALL TIBURON NOR
ANY PERSON CONNECTED WITH TIBURON BE. LIABLE FOR ANY DIRECT, SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY INCLUDING ANY LIABILITY
RESULTING FROM THE OPERATION OR FAILURE TO THE APPLICA TION SOFTWARE.
8. TERM
This license is effective until terminated. It will be terminated if CLIENT fails to comply with any term
or condition of this License Agreement. CLIENT may terminate this agreement at any time. In the
event of termination CLIENT agrees to destroy the APPLICATION SOFTWARE including all copies
and related material.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and
year first above written.
Signatures:
CLIENT:
TIBURON:
Name:
Title:
Date:
Page 3
97-242
Software License-To-Use Agreement (con!.)
Appendix A
Licensed Application Software and Use Configuration
1. COVERED APPLICATION SOFTWARE
The Software License Agreement is limited to the following APPLICATION SOFTWARE as described
below or as modified in writing by authorized representatives ofTIBURON and CLIENT.
I. CAD/2000 Computer Aided Dispatch
2. RMS/2000 Police Records Management
3. RMS/2000 Fire Records Management
4. CARS Activity Reporting System for CAD/2000
5. CMS/2000 Corrections Management Software
i
I
I
I
i
2. LICENSED CONFIGURATION
CLIENT agrees that it will (a) cause the APPLICATION SOFTWARE to be used and operated in
accordance with its intended use; and (b) notify TIBURON of the location of the APPLICATION
SOFTWARE and all copies thereof; and (c) restrict the number of servers, terminals and workstations
using the APPLICATION SOFTWARE to the numbers of units described below or as modified in
writing by authorized representatives of both TIBURON and CLIENT.
Description 1 'nits
CAD/2000 Server(s)
Police RMS/2000 Server(s)
Fire RMS/2000 Server(s)
CAD/2000 Workstations
GMS Workstations
ARS/PC Workstations
RMS/2000 Workstations
Mobile Data Terminals
I
I
I
21
I
I
250
200
Page 4
97-242
Exhibit G: Agreement for Extended Support
EXHIBIT G
Agreement for Extended Support
Revision Date: 2/17/97
97-242
Exhibit G: Agreement for Extended Services
Tiburon, Inc.
Agreement for Extended Service
Ibis Agreement for Extended Services is entered into this _ day of ,1996, by and
between the City of San Bernardino, California, hereinafter called "CITY" and Tiburon, Inc., having
its office at 39350 Civic Center Drive, Suite 280, Fremont, California 94538, hereinafter called
"CONTRACTOR. "
Witnesseth
WHEREAS, CITY has determined that it requires the categories of application software maintenance
on the software systems which have been provided to CITY by CONTRACTOR under this
Integrated Public Safety System Agreement and which are initialed below and which are referred
to hereinafter collectively as the "Programs,"
24/7 Gold Card
CITY CONTRACTOR Service Service
Initials Initials Option Option Software Application
"X"
"XII
incl
Computer Aided Dispatch (CAD/2000) system
Records Management System (RMS/2000 - Police)
Records Management System (RMS/2000 - Fire)
Corrections Management System (CMS/2000)
incl
WHEREAS, CITY therefore requires the provision of professional and technical services and
materials as specified in this Agreement for Extended Services, and
WHEREAS, CONTRACTOR is qualified to provide the services and materials required by CITY
as specified in this Agreement for Extended Services.
NOW THEREFORE, in consideration of the mutual covenants contained herein, CITY and
CONTRACTOR agree as follows:
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Exhibit G: Agreement for Extended Services
1. Period of Performance
The term under which CONTRACTOR shall be obligated to perform under this Agreement for
Extended Services shall commence upon initiation of warranty coverage for the first installed
component of the System, and shall continue for a period one (1) year from the date of System
Acceptance of the last Subsystem to be placed into a production status.
2. Statement of Work
With respect to the System, CONTRACTOR shall perform the following maintenance services:
a) CONTRACTOR shall retain a copy of the source code for the Programs.
b) If during the term of this Agreement for Extended Services, (1) CITY discovers
defects in the Programs as defined herein, (2) CITY notifies CONTRACTOR of
such defects in writing; and (3) such defects are reproducible, then
CONTRACTOR shall provide in a mutually agreeable time period corrections of
such defects. Defect support shall be provided according to the Section 3.4.2 -
Remedies for Failure to Perform of the Integrated Public Safety System
Agreement. Program defects are those in which CONTRACTOR application
software does not operate according to the System Specification Document agreed
to by the CITY and CONTRACTOR.
c) If problems arise concerning the Program, CONTRACTOR shall provide
telephone assistance and support via remote dial-in. If remote support is available,
but an on-site visit is required to correct the defect, CONTRACTOR will travel to
the site at no additional charge. If remote support is not available, travel and per
diem costs will be charged.
d) CONTRACTOR shall provide CITY with a monthly status report to include a
sununary of outstanding problems and requests.
e) CONTRACTOR shall provide toll-free telephone service for routine operational
and technical assistance.
f) CONTRACTOR shall visit CITY atleast every eighteen months to conduct an
operations review of CITY's Programs. There shall be no additional technical
service or travel expense charges for these visits.
g) Technical and operational service shall be available during CONTRACTOR's
Basic Services hours of 6:00 a.m. to 5:30 p.m. Pacific Time (excluding weekends
and CONTRACTOR holidays) and at additional times according to the terms
defmed in the Schedule of Services and Charges which is attached as Attachment
A and incorporated herein by reference.
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Exhibit G: Agreement for Extended Services
h) CONTRACTOR shall provide software upgrades and enhancements as per the
schedule and charges stated in Attachment A. Any software upgrades and
enhancements installation and associated special tailoring required shall be
charged at the Technical Service Rate as identified in Exhibit A. All such software
provided by CONTRACTOR shall be covered by the terms of this Agreement for
Extended Services.
I) CONTRACTOR shall work with the CITY to develop and document proper
system administration and database administration procedures for use by the CITY
in the effective support of the System.
j) CONTRACTOR shall provide the CITY with all State of California mandated
changes for the Department of Justice Bureau of Criminal Statistics (BCS)
reporting and for the California Law Enforcement Telecommunications (CLETS)
system at no additional charge to the CITY, except for the technical services
required for installation and/or data conversion, at CONTRACTOR s normal
technical service rates as listed in Attachment A (below). Should the State of
California adopt new reporting standards such as NIBRS based reporting or require
changes to the CLETS interface protocol, Tiburon reserves the right to provide
such changes at a mutually agreeable price.
Corrections for reported problems or defects due substantially to CITY's unauthorized
changes to the System environment, (i.e., other than routine system administration
changes) or relating to CITY-modified portions of the Program or to portions of the
Program affected by CITY-provided software, or erroneously reported problems that
are outside of Exhibit K - System Specification such as changed data fields edits,
CONTRACTOR supplied reports, CITY supplied reports, etc., shall be performed by
CONTRACTOR in a timely manner and will be charged at the CONTRACTOR s
then Technical Service Rate, plus applicable travel and per diem expenses as defined
in Attachment A of Exhibit G.
3. CITY Responsibilities
CITY agrees to provide those services and facilities defined below which are necessary for the
provision of services by CONTRACTOR under this Agreement for Extended Services. CITY and
CONTRACTOR agree that the scope and schedule of services to be provided by CONTRACTOR
under this Agreement for Extended Services depend upon the timely fulfillment of CITY respon-
sibilities.
a) CITY shall assign a Project Manager or designee to ensure that CITY's duties set
forth in this Agreement for Extended Services are met, to serve as the primary
contact for all CONTRACTOR maintenance activities, to coordinate appropriate
schedules in connection with CONTRACTOR's services hereunder, and to provide
other coordination activities which are necessary for CONTRACTOR to perform
its services hereunder. CITY shall maintain performance logs documenting trouble
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Exhibit G: Agreement for Extended Services
calls and availability of on-line systems according to procedures provided by
CONTRACTOR.
b) CITY shall assign individual(s) who are familiar with the Programs, the operating
system and the database facilities and who are able to provide on-site technical
assistance as required by CONTRACTOR to assist CONTRACTOR in performing
its services hereunder.
c) CITY shall inform CONTRACTOR in writing prior to making any CITY-applied
changes to the Programs or System environment that the CITY believes may affect
operating performance and maintenance procedures.
d) For RMS/2000, CITY shall ensure that appropriate journal logs are copied onto
tape daily, that the appropriate database is copied onto tape or disk weekly, and
that full tape backup is taken on a regular basis.
e) For RMS/2000, CITY shall (I) run file integrity programs and forward the results
to CONTRACTOR, (2) print database maps and forward them to CONTRACTOR,
and (3) run the database purge programs according to the CITY's Archive/Purge
Management policies, in order to maintain database efficiency.
f) CITY shall provide dial-in access to CITY's DEC servers, making them accessible
by CONTRACTOR for remote service. CITY is responsible for the provision of
all local equipment (telephone termination, communications port, etc.) required to
support access by CONTRACTOR. CONTRACTOR is responsible for remote
equipment and all line charges. CITY shall also compile programs and run
appropriate tests following each remote access, as requested by CONTRACTOR
and under the direction of the CONTRACTOR.
g) CITY shall provide a complete copy of production source code to
CONTRACTOR, in a format compatible with CONTRACTOR support
environment, so that CONTRACTOR has ready access to the code for
maintenance work. Complete replacement copies shall be made available on a
timely basis upon request by CONTRACTOR should the CITY make changes.
CITY shall be responsible for storing a complete copy of the current production
source code off-site as an emergency backup.
h) CITY shall meet with CONTRACTOR as may be reasonably required to discuss
operational issues and the status of the Programs and System and provide within a
mutually agreeable period responses in writing to maintenance related issues raised
by CONTRACTOR.
I) CITY shall update and maintain the input data as may be required for satisfactory
Program operation, and be responsible for the accuracy of CITY -provided data.
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Exhibit G: Agreement for Extended Services
4. Payment
CITY shall make payments to CONTRACTOR based on invoices submitted. Schedules and
amounts of invoices shall be determined in accordance with Attachment A.
5. Independent CONTRACTOR
Each party hereto, in performance of this Agreement for Extended Services, will be acting in its own
capacity. The employees or agents of one party shall not be deemed or construed to be the
employees or agents of the other party for any purpose whatsoever. CONTRACTOR will be
responsible for payment of payroll taxes, unemployment insurance, and similar obligations with
respect to its own employees, and no deductions shall be made from payments due under this
Agreement for Extended Services for that or any other related reason.
6. License
With respect to each version/release, correction, or enhancement to the Programs furnished to CITY
under this Agreement for Extended Services, CONTRACTOR grants to CITY a perpetual, non-
exclusive, non-assignable, non-transferable license to use such change solely as part of the Programs
and according to the terms of the Tiburon Software License Agreement.
7. CITY Modifications
CITY may modify the Programs subject to prior approval by CONTRACTOR of the change to be
made and the person or entity making such change.
8. Confidential Information
CONTRACTOR shall regard all CITY files and data as CITY's confidential information.
CONTRACTOR shall not release said data to outside parties without written consent of CITY. To
the extent allowed by law, CITY shall regard all software and documentation provided by
CONTRACTOR as confidential information. CITY shall not release or provide access to said
software and documentation to outside parties without written consent of CONTRACTOR.
9. Termination
Ibis Agreement for Extended Services may be terminated by either party by giving at least ninety
(90) days advance written notice to the other party.
Upon termination of this Agreement for Extended Services for any reason, the provisions relating
to License and Confidential Information shall survive.
10. Applicable Law
Ibis Agreement for Extended Services shall be construed in accordance with and governed by the
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Exhibit G: Agreement for Extended Services
laws of the State of California.
11. Limitation of Liability and Rernedies
Upon the effective date of this Agreement for Extended Services, CONTRACTOR's liability
hereunder for damages shall not exceed the armual maintenance charge paid to CONTRACTOR for
the period in which the cause of action occurred.
12. Entire Contract
Ibis Agreement for Extended Services sets forth the entire understanding between the parties as to
the subject matter hereof and merges all prior discussions between them, and neither party shall be
bound by any prior representations, conditions, understandings, or warranties except for original
System warranties or those expressly provided herein. No provision can be modified unless
expressly accepted and approved in writing by both parties.
IN WITNESS WHEREOF, the parties have hereunto set their hands on the dates set forth below:
CITY: CONTRACTOR:
Signature of Authorized Representative Signature of Authorized Representative
Name Name
Title Title
Date Date
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Exhibit G: Agreement for Extended Services
ATTACHMENT A
Schedule of Services and Charges
Basic Services Fees
The following fees represent CONTRACTOR s charges for maintenance support, by Subsystem,
for the fIrst year following the expiration of warranty for each Subsystem.
Programs
CADf2000
$
Police
RMSf2000
CMSf2000
Fire
RMSf2000
Total
$
$
$
$ 112,050.00
CONTRACTOR will provide basic services as defined in the Statement of Work contained in the
body of this Agreement for Extended Services.
General support for all Program components is 6:00 a.m. to 5:30 p.m. PacifIc Time (excluding
weekends and CONTRACTOR holidays) and 24 hours per day, 7 days per week for critical Program
problems.
Basic Services also include the base membership dues for two voting memberships in the
CONTRACTOR User Group.
Release ManalZement ProlITam
$ Incl.
A comprehensive Release Management Program provides new software releases for the Programs
on approximately a serni-annual basis and new versions of the Programs on a biennial basis.
Maintenance modifIcations provided through the Release Management Program shall include
modifIcations or revisions which correct errors in the Programs and documentation and provide
functional updates to the Programs. Installation of new releases can be conducted by CITY
personnel, or by CONTRACTOR at CONTRACTOR s normal technical service rates listed below.
Installation support for new versions will require CONTRACTOR technical services at
CONTRACTOR s normal technical service rates as listed below.
Prepaid Technical Support Resource Pool
$_-0-_
A dollar amount is allocated to a Technical Support Resource Pool. The charges for Technical
Support shall be calculated at the CONTRACTOR facility rate and will be subtracted from this pool
of funds as incurred. Any unused portion of this pool shall be carried over to the next contract year.
Gold Card Service Option
$_-0-_
A total support program can tailored for the CITY and includes a schedule of on-site visits by
CONTRACTOR personnel for database management, working with end users to identify and resolve
problems and to apply agreed upon software changes, installation of new software products obtained
Revision Date: 2/18/97
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Exhibit G: Agreement for Extended Services
through this Agreement for Extended Services, and a comprehensive training program. (If selected
by CITY the terms of this option are defined in the Gold Card Service Schedule which can be
attached as Attachment C and incorporated herein by reference.)
Additional Tiburon User GrOUD MembershiDs $_- 0 _
In addition to the two voting memberships in the Tiburon User Group which is included in Basic
Services, up to three additional voting memberships may be purchased for $175 each.
Additional Charges
The following charges can be deducted from the Prepaid Technical Support Resource Pool, or if that
option is not available, they shall be invoiced to the CITY as incurred.
1. Technical Service Rates
Technical support shall be charged at the following rates:
At CONTRACTOR Facilities:
$ 125 per staff
hour
At CITY Site:
$ 150 per staff hour
A minimum of four (4) hours per occurrence will be charged for work conducted at
CONTRACTOR facilities and a minimum of eight (8) hours for work at the CITY site, which
is not covered under Basic Services described above.
2. Materials, Travel and Per Diem Expenses
For unscheduled occurrences, all special materials, plus travel and per diem expenses shall
be charged to CITY at cost. When incurred on a scheduled (Le., non-emergency) basis,
travel and per diem expenses shall be no more than the prevailing rate for CITY employees.
3. Call-Out Charges
Requests for services outside of the hours of 6:00 a.m. to 5:30 p.m. Pacific Time, on
weekends, and on CONTRACTOR holidays, will result in an additional call-out charge as
follows:
Off-Hour Call-Out Fee: $ 250 per occurrence
No more than one call-out fee will be billed per system per day.
4. Software Upgrades
Software upgrades or enhancements are made available to CITY through the Release
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Exhibit G: Agreement for Extended Services
Management Program. Any Technical Services required to implement these software
upgrades or enhancements will be charged on a time and materials basis, per the schedules in
Paragraphs 1 and 2 above. These services include, but are not limited to, additional training,
software installation, database modification, custom or extensive tailoring, and any control
and/or operating system modifications.
5. No Remote Access
All charges in this Agreement for Extended Services are predicated on CITY providing the
required hardware, software, and operating environment for dial-in service at CITY site(s).
If CITY does not provide this support for dial-in service at CITY site(s), the following
additional charges will apply:
CAD/2000
RMS/2000
$ 500 per month
$ 500 per month
In addition, travel and per diem expenses for on-site support required due to lack of remote
access will be charged as defined in Paragraph 2 above.
Pavment Provisions
Payments due under this Agreement for Extended Services shall be made based on invoices
submitted in advance on an annual basis for Basic Services and Options or as incurred for
rniscellaneous expenses.
Charges provided for in this section may be altered by CONTRACTOR annually on the anniversary
date of the Agreement for Extended Services by giving 90 days' advance written notice of such
changes. Charges for basic maintenance support shall not increase by more than 7% per year for
each year after acceptance, except in any year in which the V.S. cities consumer price index exceeds
7%, in which case the price increase shall not exceed the V.S. Cities consumer price index increase
percentage.
The amount of any tax, license, or permit fees, but not including taxes on income, that may be
imposed or levied upon this Agreement for Extended Services, the transaction, or the materials or
services delivered hereto, shall be added to each invoice and paid by CITY in addition to the
amounts shown above.
CITY shall pay each invoice within 30 days of receipt and acceptance of each invoice thereof.
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Exhibit H: Performance Test Plan
EXHIBIT H
Performance Test Plan
Revision Date: 2/17/97
97-242
Exhibit H: Performance Test Plan
EXHIBIT H
Performance Test Plan
As part of the Functional Acceptance Testing Process, CONTRACTOR will work with CITY
project personnel to conduct System Performance Tests. These tests will be conducted to verify
that:
a) a representative sample of CONTRACTOR RMS2000 transactions
provides a Response Time of three (3) seconds or less, ninety percent
(90%) of the time;
b) a representative sample of CONTRACTOR CAD transactions provides a
Response Time of two (2) seconds or less ninety percent (90%) of the
time.
A Representative Sample of the following transactions will be included in the Performance
Testing procedures:
CAD Incident Entry
CAD Status Changes
Updates - Single System
Extended Updates - Multiple Systems
Screen Retrieval Inquiries - Data output as is
Formatted Inquiries/Reports - Data output formatted
Input Form Requests
Menu Requests/Steps
Help Requests
Address Verification Requests
Name Match Processing Requests
As part of the System Specification Review process, CONTRACTOR will work with CITY
project personnel to develop a mutually agreeable set or representative sample of Public Safety
transactions for use in conducting the System Performance Tests.
The proposed System Performance Testing parameters are contingent upon the following
provisions:
a) Extended Updates - In measuring extended update transactions, each
spawned process will count as one transaction (i.e., if the transaction
updates both the Incident System and the Interagency Database, it will be
treated as two (2) transactions).
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Exhibit H: Performance Test Plan
b) Each Screen Retrieval Inquiry transaction which examines more than 1,000 database
records will count as one transaction (i.e., if the inquiry examines 2,000 database records,
it will be counted as two (2) transactions).
c) Each formatted Inquiry/Report transaction which examines more than 100 database
records will count as one transaction per 100 records (i.e., if the inquiry examines 200
database records, it will be counted as two (2) transactions).
d) The following transactions or processes will not be run concurrently with the System
Performance Test period:
Ad hoc Inquiries/Reports
Inquiries/Reports which examine more than 15,000 records
Data Base Creation facilities
Batch processes
System Updates - Code table builds/rebuilds
Program compiling, linking, etc.
Data Base Maintenance:
- Backups
- Data Base Purges
- Data Base/Index Restructuring
- Transactions which update over 50 table records/entries
e) During system performance testing, the host system must not be constrained by non-
CONTRACTOR provided applications.
f) Response times are measured from the time the user depresses the enter key, to the time
the fIrst page of output is displayed on the workstation.
g) During the RMS/2000 system performance testing, the system must not be constrained by
more than 40% of the total number ofRMS users for RMS/2000 testing. During system
performance testing, the CAD/2000 system will perform with five (5) Dispatchers/Call
Taker Positions.
h) Measurements will be conducted in a controlled environment isolating all CITY-to-server
communications from any network-imposed constraints.
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Page 2
I
97-242
Exhibit G: Agreement for Extended Services
1. Period of Performance
The term under which CONTRACTOR shall be obligated to perform under this Agreement for
Extended Services shall commence upon initiation of warranty coverage for the first installed
component of the System, and shall continue for a period one (I) year from the date of System
Acceptance of the last Subsystem to be placed into a production status.
2. Statement of Work
With respect to the System, CONTRACTOR shall perform the following maintenance services:
a) CONTRACTOR shall retain a copy of the source code for the Programs.
b) If during the term of this Agreement for Extended Services, (1) CITY discovers
defects in the Programs as defined herein, (2) CITY notifies CONTRACTOR of
such defects in writing; and (3) such defects are reproducible, then
CONTRACTOR shall provide in a mutually agreeable time period corrections of
such defects. Defect support shall be provided according to the Section 3.4.2 -
Remedies for Failure to Perform of the Integrated Public Safety System
Agreement. Program defects are those in which CONTRACTOR application
software does not operate according to the System Specification Document agreed
to by the CITY and CONTRACTOR.
c) If problems arise concerning the Program, CONTRACTOR shall provide
telephone assistance and support via remote dial-in. If remote support is available,
but an on-site visit is required to correct the defect, CONTRACTOR will travel to
the site at no additional charge. If remote support is not available, travel and per
diem costs will be charged.
d) CONTRACTOR shall provide CITY with a monthly status report to include a
summary of outstanding problems and requests.
e) CONTRACTOR shall provide toll-free telephone service for routine operational
and technical assistance.
t) CONTRACTOR shall visit CITY atleast every eighteen months to conduct an
operations review of CITY's Programs. There shall be no additional technical
service or travel expense charges for these visits.
g) Technical and operational service shall be available during CONTRACTOR's
Basic Services hours of 6:00 a.m. to 5:30 p.m. Pacific Time (excluding weekends
and CONTRACTOR holidays) and at additional times according to the terms
defined in the Schedule of Services and Charges which is attached as Attachment
A and incorporated herein by reference.
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Exhibit G: Agreement for Extended Services
h) CONTRACTOR shall provide software upgrades and enhancements as per the
schedule and charges stated in Attachment A. Any software upgrades and
enhancements installation and associated special tailoring required shall be
charged at the Technical Service Rate as identified in Exhibit A. All such software
provided by CONTRACTOR shall be covered by the terms of this Agreement for
Extended Services.
I) CONTRACTOR shall work with the CITY to develop and document proper
system administratipn and database administration procedures for use by the CITY
in the effective support of the System.
j) CONTRACTOR shall provide the CITY with all State of California mandated
changes for the Department of Justice Bureau of Criminal Statistics (BCS)
reporting and for the California Law Enforcement Telecommunications (CLETS)
system at no additional charge to the CITY, except for the technical services
required for installation and/or data conversion, at CONTRACTOR s normal
technical service rates as listed in Attachment A (below). Should the State of
California adopt new reporting standards such as NlBRS based reporting or require
changes to the CLETS interface protocol, Tiburon reserves the right to provide
such changes at a mutually agreeable price.
Corrections for reported problems or defects due substantially to CITY's unauthorized
changes to the System environment, (i.e., other than routine system administration
changes) or relating to CITY-modified portions of the Program or to portions of the
Program affected by CITY-provided software, or erroneously reported problems that
are outside of Exhibit K - System Specification such as changed data fields edits,
CONTRACTOR supplied reports, CITY supplied reports, etc., shall be performed by
CONTRACTOR in a timely manner and will be charged at the CONTRACTOR s
then Technical Service Rate, plus applicable travel and per diem expenses as defined
in Attachment A of Exhibit G.
3. CITY Responsibilities
CITY agrees to provide those services and facilities defmed below which are necessary for the
provision of services by CONTRACTOR under this Agreement for Extended Services. CITY and
CONTRACTOR agree that the scope and schedule of services to be provided by CONTRACTOR
under this Agreement for Extended Services depend upon the timely fulfillment of CITY respon-
sibilities.
a) CITY shall assign a Project Manager or designee to ensure that CITY's duties set
forth in this Agreement for Extended Services are met, to serve as the primary
contact for all CONTRACTOR maintenance activities, to coordinate appropriate
schedules in connection with CONTRACTOR's services hereunder, and to provide
other coordination activities which are necessary for CONTRACTOR to perform
its services hereunder. CITY shall maintain performance logs documenting trouble
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Exhibit G: Agreement for Extended Services
calls and availability of on-line systems according to procedures provided by
CONTRACTOR.
b) CITY shall assign individual(s) who are familiar with the Programs, the operating
system and the database facilities and who are able to provide on-site technical
assistance as required by CONTRACTOR to assist CONTRACTOR in performing
its services hereunder.
c) CITY shall inform CONTRACTOR in writing prior to making any CITY-applied
changes to the Programs or System environment that the CITY believes may affect
operating performance and maintenance procedures.
d) For RMS/2000, CITY shall ensure that appropriate joumallogs are copied onto
tape daily, that the appropriate database is copied onto tape or disk weekly, and
that full tape backup is taken on a regular basis.
e) For RMS/2000, CITY shall (I) run file integrity programs and forward the results
to CONTRACTOR, (2) print database maps and forward them to CONTRACTOR,
and (3) run the database purge programs according to the CITY's Archive/Purge
Management policies, in order to maintain database efficiency.
t) CITY shall provide dial-in access to CITY's DEC servers, making them accessible
by CONTRACTOR for remote service. CITY is responsible for the provision of
all local equipment (telephone termination, communications port, etc.) required to
support access by CONTRACTOR. CONTRACTOR is responsible for remote
equipment and all line charges. CITY shall also compile programs and run
appropriate tests following each remote access, as requested by CONTRACTOR
and under the direction of the CONTRACTOR.
g) CITY shall provide a complete copy of production source code to
CONTRACTOR, in a format compatible with CONTRACTOR support
environment, so that CONTRACTOR has ready access to the code for
maintenance work. Complete replacement copies shall be made available on a
timely basis upon request by CONTRACTOR should the CITY make changes.
CITY shall be responsible for storing a complete copy of the current production
source code off-site as an emergency backup.
h) CITY shall meet with CONTRACTOR as may be reasonably required to discuss
operational issues and the status of the Programs and System and provide within a
mutually agreeable period responses in writing to maintenance related issues raised
by CONTRACTOR.
I) CITY shall update and maintain the input data as may be required for satisfactory
Program operation, and be responsible for the accuracy of CITY -provided data
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Exhibit G: Agreement for Extended Services
4. Payment
CITY shall make payments to CONTRACTOR based on invoices subrnitted. Schedules and
amounts of invoices shall be determined in accordance with Attachment A.
5. Independent CONTRACTOR
Each party hereto, in performance of this Agreement for Extended Services, will be acting in its own
capacity. The employees or agents of one party shall not be deemed or construed to be the
employees or agents of the other party for any purpose whatsoever. CONTRACTOR will be
responsible for payment of payroll taxes, unemployment insurance, and similar obligations with
respect to its own employees, and no deductions shall be made from payments due under this
Agreement for Extended Services for that or any other related reason.
6. License
With respect to each version/release, correction, or enhancement to the Programs furnished to CITY
under this Agreement for Extended Services, CONTRACTOR grants to CITY a perpetual, non-
exclusive, non-assignable, non-transferable license to use such change solely as part of the Programs
and according to the terms of the Tiburon Software License Agreement.
7. CITY Modifications
CITY may modify the Programs subject to prior approval by CONTRACTOR of the change to be
made and the person or entity making such change.
8. Confidential Information
CONTRACTOR shall regard all CITY files and data as CITY's confidential information.
CONTRACTOR shall not release said data to outside parties without written consent of CITY. To
the extent allowed by law, CITY shall regard all software and documentation provided by
CONTRACTOR as confidential information. CITY shall not release or provide access to said
software and documentation to outside parties without written consent of CONTRACTOR.
9. Termination
Ibis Agreement for Extended Services may be terminated by either party by giving at least ninety
(90) days advance written notice to the other party.
Upon termination of this Agreement for Extended Services for any reason, the provisions relating
to License and Confidential Information shall survive.
10. Applicable Law
Ibis Agreement for Extended Services shall be construed in accordance with and governed by the
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Exhibit G: Agreement for Extended Services
laws of the State of California
11. Lirnitation of Liability and Remedies
Upon the effective date of this Agreement for Extended Services, CONTRACTOR's liability
hereunder for damages shall not exceed the annual maintenance charge paid to CONTRACTOR for
the period in which the cause of action occurred.
12. Entire Contract
Ibis Agreement for Extended Services sets forth the entire understanding between the parties as to
the subject matter hereof and merges all prior discussions between them, and neither party shall be
bound by any prior representations, conditions, understandings, or warranties except for original
System warranties or those expressly provided herein. No provision can be modified unless
expressly accepted and approved in writing by both parties.
IN WITNESS WHEREOF, the parties have hereunto set their hands on the dates set forth below:
CITY: CONTRACTOR:
Signature of Authorized Representative Signature of Authorized Representative
Name Name
Title Title
Date Date
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97-242
Exhibit G: Agreement for Extended Services
ATTACHMENT A
Schedule of Services and Charges
Basic Services Fees
The following fees represent CONTRACTOR s charges for maintenance support, by Subsystem,
for the first year following the expiration of warranty for each Subsystem.
Programs
CADf2000
$
Police
RMSf2000
$
CMSf2000
$
Fire
RMSf2000
$
Total
$ 112,050.00
CONTRACTOR will provide basic services as defined in the Statement of Work contained in the
body oft.llls Agreement for Extended Services.
General support for all Program components is 6:00 a.m. to 5:30 p.m. Pacific Time (excluding
weekends and CONTRACTOR holidays) and 24 hours per day, 7 days per week for critical Program
problems.
Basic Services also include the base membership dues for two voting memberships in the
CONTRACTOR User Group.
Release Management Proe:ram
$ Incl.
A comprehensive Release Management Program provides new software releases for the Programs
on approximately a semi-annual basis and new versions of the Programs on a biennial basis.
Maintenance modifications provided through the Release Management Program shall include
modifications or revisions which correct errors in the Programs and documentation and provide
functional updates to the Programs. Installation of new releases can be conducted by CITY
personnel, or by CONTRACTOR at CONTRACTOR s normal technical service rates listed below.
Installation support for new versions will require CONTRACTOR technical services at
CONTRACTOR s normal technical service rates as listed below.
Prepaid Technical Support Resource Pool $_-0-_
A dollar amount is allocated to a Technical Support Resource Pool. The charges for Technical
Support shall be calculated at the CONTRACTOR facility rate and will be subtracted from this pool
of funds as incurred. Any unused portion of this pool shall be carried over to the next contract year.
Gold Card Service Option
$_-0-_
A total .support program can tailored for the CITY and includes a schedule of on-site visits by
CONTRACTOR personnel for database management, working with end users to identify and resolve
problems and to apply agreed upon software changes, installation of new software products obtained
Revision Date: 2/18/97
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Exhibit G: Agreement for Extended Services
through this Agreement for Extended Services, and a comprehensive training program. (If selected
by CITY the terms of this option are defined in the Gold Card Service Schedule which can be
attached as Attachment C and incorporated herein by reference.)
Additional Tiburon User Grouo Membershios
$_-0-
In addition to the two voting memberships in the Tiburon User Group which is included in Basic
Services, up to three additional voting memberships may be purchased for $175 each.
Additional Charges
The following charges can be deducted from the Prepaid Technical Support Resource Pool, or if that
option is not available, they shall be invoiced to the CITY as incurred.
1. Technical Service Rates
Technical support shall be charged at the following rates:
At CONTRACTOR Facilities:
$ 125 per staff
hour
At CITY Site:
$ 150 per staffhour
A minimum of four (4) hours per occurrence will be charged for work conducted at
CONTRACTOR facilities and a minimum of eight (8) hours for work at the CITY site, which
is not covered under Basic Services described above.
2. Materials, Travel and Per Diem Expenses
For unscheduled occurrences, all special materials, plus travel and per diem expenses shall
be charged to CITY at cost. When incurred on a scheduled (i.e., non-emergency) basis,
travel and per diem expenses shall be no more than the prevailing rate for CITY employees.
3. Call-Out Charges
Requests for services outside of the hours of 6:00 a.m. to 5:30 p.m. Pacific Time, on
weekends, and on CONTRACTOR holidays, will result in an additional call-out charge as
follows:
Off-Hour Call-Out Fee: $ 250 per occurrence
No more than one call-out fee will be billed per system per day.
4. Software Upgrades
Software upgrades or enhancements are made available to CITY through the Release
Revision Date: 2/ 18/97
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97-242
Exhibit G: Agreement for Extended Services
Management Program. Any Technical Services required to implement these software
upgrades or enhancements will be charged on a time and materials basis, per the schedules in
Paragraphs 1 and 2 above. These services include, but are not limited to, additional training,
software installation, database modification, custom or extensive tailoring, and any control
and/or operating system modifications.
5. No Remote Access
All charges in this Agreement for Extended Services are predicated on CITY providing the
required hardware, software, and operating environment for dial-in service at CITY site(s).
If CITY does not provide this support for dial-in service at CITY site(s), the following
additional charges will apply:
CAD/2000
RMS/2000
$ 500 per month
$ 500 per month
In addition, travel and per diem expenses for on-site support required due to lack of remote
access will be charged as defined in Paragraph 2 above.
Payment Provisions
Payments due under this Agreement for Extended Services shall be made based on invoices
submitted in advance on an annual basis for Basic Services and Options or as incurred for
rniscellaneous expenses.
Charges provided for in this section may be altered by CONTRACTOR annually on the anniversary
date of the Agreement for Extended Services by giving 90 days' advance written notice of such
changes. Charges for basic maintenance support shall not increase by more than 7% per year for
each year after acceptance, except in any year in which the U.S. cities consumer price index exceeds
7%, in which case the price increase shall not exceed the U.S. Cities consumer price index increase
percentage.
The amount of any tax, license, or permit fees, but not including taxes on income, that may be
imposed or levied upon this Agreement for Extended Services, the transaction, or the materials or
services delivered hereto, shall be added to each invoice and paid by CITY in addition to the
amounts shown above.
CITY shall pay each invoice within 30 days of receipt and acceptance of each invoice thereof.
Revision Date: 2/18/97
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