HomeMy WebLinkAbout1991-173
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RESOLUTION NO.
91-173
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
2 AGREEMENT WITH PRC PUBLIC MANAGEMENT SERVICES, INC. FOR THE
PURCHASE, INSTALLATION AND SUPPORT OF A NETWORKED COMPUTER
3 SYSTEM RELATED TO THE UPGRADE OF THE CITY'S POLICE RECORDS
MANAGEMENT AND COMPUTER AIDED DISPATCH COMPUTER SYSTEMS.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to to execute on behalf of said
8 City an agreement with PRC Public Management Services, Inc. for
9 the purchase, installation and support of a networked computer
10 system to upgrade the city's current Police Records Management
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and Computer Aided Dispatch computer systems, a copy of which is
attached hereto, marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
SECTION 2.
The authorization to execute the above
referenced agreement is rescinded if the parties to the
agreement fail to execute it within sixty (60) days of the
passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the city of San
held on the
1991, by the
"
" "
RESOLUTION AUTHORIZING AGREEMENT WITH PRC PUBLIC MANAGEMENT
SERVICES "INC. "FOR UPGRADE TO CITY'S RMS AND CAD COMPUTER SYSTEMS.
1 council Members:
AYES
NAYS
ABSTAIN ABSENT
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ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
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The foregoing resolution is hereby approved this 9th
day of May
1991.
/~ / ~. /7r:__
cWo -R.'-HOtCOMB,! MAYOR
City of San Bernardino
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Approved as to form and
legal content:
JAMES F. PENMAN
CitY~
By /-
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Res. 91-173
AGREEMENT
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THIS AGREEMENT, made and entered into this 16th
day of Hav , 1991, by and between the CITY OF SAN
BERNARDINO, a Charter City ("city"), and PRC PUBLIC MANAGEMENT
SERVICES, INC., a corporation with a place of business at 1500
Planning Research Drive, Mail stop #3W6, McLean, Virginia 22102,
hereinafter referred to as ("Contractor").
WITNESSETH:
WHEREAS, the
Contractor; and
City did accept the proposal of the
NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SCOPE OF CONTRACT
The contract specifies the contractual terms and conditions by
which the City will procure services from the Contractor,
including, but not limited to: Upgrade of the CAD and RMS
hardware, procuring the computers and associated equipment,
provide technical resources to migrate and CAD programs and
provide consulting services in implementing the upgrade. Such
services shall conform to Contractor's proposal M-760 dated
March 8, 1991, attached hereto and made part of this contract.
2. TERM OF AGREEMENT
The term of this Agreement shall begin upon the execution hereof
by the City Administrator and shall continue through the
implementation of the city's System or twelve (12) months,
whichever occurs first, unless sooner terminated or extended as
hereinafter provided.
3. CHANGES
City may require changes in the scope of the services to be
performed by Contractor hereunder. All such changes, which are
mutually agreed upon by and between all parties, shall be
incorporated in written amendments to this Agreement. All such
amendments shall state any increase or decrease in the amount of
the compensation due Contractor for the change in scope.
4. STANDARD OF PERFORMANCE
Contractor shall certify, in writing,
System software supplied by Contractor
and ready for use. The system shall be
function testing has been completed in
5.
to the city when said
hereunder is installed
ready for use when the
accordance with section
If said System operates on line at a level of effectiveness of
ninety-five (95%) percent for a period of thirty (30)
consecutive days from the commencement of the performance
period, it shall be deemed to have met the City's standard of
performance for that phase of the system.
I.
5. SOFTWARE ACCEPTANCE
1 Contractor agrees to enter into Agreement to install and support
the application software identified herein.
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Contractor agrees to make its staff available for phone
consultation regarding warrantable software modules during
normal business hours for the thirty (30) day Software
Acceptance Testing period.
SOFTWARE ACCEPTANCE TESTING - All software products furnished
by Contractor shall be subject to Acceptance Testing as follows:
A.
Following delivery and installation of the software
on the DEC system at City's site, Contractor shall
certify in writing to City that the software is
ready for Acceptance Testing. with Contractor's
assistance, city shall, within five (5) business
days of receipt of such certification, operate the
software on such system to determine whether:
1.
The software is capable of running on the DEC 4000
Computer System and the VMS 5.4 operating system;
2.
The software substantially performs in the manner in
which the current system operates;
3.
The software is capable of running on a repetitive
basis on a variety of City's actual data; and
4.
The documentation for the software changes has been
provided.
B.
During the Performance Period of Acceptance Testing,
thirty (30) calendar days of operational use time
with productive or simulated work will be considered
as a basis for computation of the effectiveness
level.
1.
On the date the software meets these Acceptance
Tests, City shall so notify Contractor in writing
within five (5) business days and the software shall
be deemed to be accepted, and the "term" of the
applicable software warranty shall be deemed to
commence upon such notification.
2.
If the software fails to meet any or all of the
above-specified Acceptance Tests, City shall
forthwith notify Contractor of such failure in
writing and Contractor shall have five (5) calendar
days after receipt of such notice in which to
correct, modify, or improve the software to cause it
to meet each Acceptance Test. Thereafter, city
shall have thirty (30) additional business days in
which to reconduct all of the Acceptance Tests
specified above. This process shall be repeated as
may be necessary until the software is deemed to be
accepted hereunder; provided however, if the
software is not accepted hereunder within ninety
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(90) days
Acceptance
default and
after Contractor's initial written
Testing, city may declare Contractor in
give written notice to that effect.
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6. EOUIPMENT MAINTENANCE
Digital Equipment Corporation shall provide maintenance for DEC
equipment for one (1) year from date of equipment installation.
After the expiration of the one (1) year period, City shall be
responsible for equipment maintenance. Contractor shall assist
City in obtaining additional maintenance services.
7. CLARIFICATION PROCEDURES
The City shall have a maximum of five (5) calendar days from the
7 receipt of written correspondence from the Contractor in which
to respond, in writing, to the clarification, proposed solution
8 or any other situation requiring a written response from the
City. If the City believes the contents of such correspondence
9 does not conform to the requirements of this Agreement, or
otherwise disagrees with such correspondence, it shall so notify
10 Contractor, in writing, within the above-stated five (5) days,
defining in detail such non-acceptance. In the event the City
11 finds the content of the correspondence conforming to the
requirements of this Agreement, it shall, within the above
12 stated five (5) days, notify Contractor, in writing, of this
fact, and such notification shall constitute final acceptance of
13 the content of the correspondence delivered. Should the city
fail to respond within five (5) days, the content of the
14 correspondence shall be deemed accepted.
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8. FACILITIES
During the course of this Agreement, City shall provide
Contractor's personnel with adequate work space for consultants
and such other related facilities as may be required by
Contractor to carry out its obligations enumerated herein.
9. CONTRACT AMOUNT AND PAYMENT SCHEDULE
City shall pay to Contractor for equipment and services (Exhibit
AU) performed by Contractor hereunder progress payments in the
amounts set forth on the Payment Schedule (Exhibit "B"),
attached hereto and hereby incorporated herein and made a part
hereof by reference.
10. CONTINGENCIES
In the event that, due to causes beyond the control of and
without the fault or negligence of Contractor, Contractor fails
to meet any of its obligations under this Agreement, such
failure shall not constitute a default in performance, and the
City shall grant to Contractor such extensions of time and make
other arrangements, additions, or revised payment as shall be
reasonable under the circumstances.
11. TERMINATION BY THE CITY
If Contractor should be adjudged bankrupt or should
general assignment for the benefit of its creditors,
make a
or if a
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receiver.should be appointed on account of its insolvency, City
may terminate this Agreement. If Contractor should persistently
or repeatedly refuse or should fail, except in cases for which
extension of time is provided, to provide enough properly
skilled workers or proper materials, or persistently disregard
laws and ordinances, or not proceed with work or otherwise be
guilty of, a substantial violation of any provision of this
Agreement, then City may terminate this Agreement. Prior to
termination of this Agreement, City shall give Contractor thirty
(30) calendar days written notice. Upon receipt of such
termination notice, Contractor shall be allowed thirty (30)
calendar days to cure such deficiencies.
12. ASSIGNMENT
7 Neither this Agreement, nor any portion thereof, may be assigned
by Contractor without the written consent of the city first
8 having been obtained. Any attempt by Contractor to assign any
performance of this Agreement without the written consent of the
9 City shall be null and void and shall constitute a breach of
this Agreement.
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13. PATENTS
Contractor shall indemnify, defend, and hold free and harmless
12 the City, it's officers and employees from all liabilities,
claims, damages, costs, or expenses, including, but not limited
13 to attorney's fees imposed upon them or any of them, for any
alleged infringement of patent rights or copyrights of any
14 person or persons in consequence of the use by City, it's
officers, employees, agents, and other duly authorized
15 representatives of articles or processes supplied to City by
Contractor under this Agreement.
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14. SECURITY AND PRIVACY
Contractor agrees that none of its officers or employees shall
18 use or reveal any research or statistical information furnished
by any person and identifiable to any specific private person
19 for any purpose other than the purpose for which it was
obtained. Copies of such information shall not, without the
20 consent of the person furnishing such information, be admitted
as evidence or used for any purpose in any action, suit, or
21 other jUdicial or administrative proceedings, unless ordered by
a court of competent jurisdiction. The City shall be notified
22 immediately upon receipt of any such order of court, pertaining
to production of such information.
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Contractor shall incorporate the foregoing provisions of this
24 paragraph in all of its authorized subcontracts.
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15. COVENANT AGAINST CONTINGENT FEES
Contractor warrants that no person or selling agency has been
employed or retained to solicit or secure this Agreement upon an
agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained
by the Contractor for the purpose of securing business. For
breach or violation of this warranty, city shall have the right
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to terminate- this Agreement in accordance with the termination
clause and, at its sole discretion, to deduct from the Agreement
price or consideration, or otherwise recover, the full amount of
1 such commission, percentage, brokerage, or contingent fee.
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16. LICENSE
Contractor grants to the city a non-assignable, non-
transferrable and non-exclusive license to use the proprietary
computer programs provided under this Agreement. The City
understands and acknowledges that the software is and shall
remain proprietary in nature and constitutes confidential trade
secrets. The City agrees that it shall not knowingly, without
the prior written consent of Contractor, directly or indirectly
disclose, proliferate, provide or otherwise make available, or
permit, any disclosure, proliferation, provision of or making
available of, the software in any form, in whole or in part, to
any other person, firm, corporation, government agency,
association or other entity. Further, the City agrees that it
shall not, without the prior written consent of Contractor, copy
or reproduce (except as necessary for archive, diagnostic,
backup, emergency restart purposes or any other use solely by
the City), the software, in whole or in part. Neither the
license granted to the City by Contractor nor the software may
be, in whole or in part, assigned, sub-licensed or otherwise
transferred by the City without the prior written consent of
Contractor nor may the city knowingly, directly or indirectly,
permit any use of the software, in whole or in part, by any
other person, firm, corporation, government agency, association
or other entity, without the prior written consent of
Contractor. Futher, the city agrees to comply with such other
terms and conditions applicable to any software furnished by
Digital Equipment Corporation to Contractor and provided to the
City under this Agreement, which are imposed by Digital
Equipment Corporation.
17. WARRANTY; REMEDIES
A. Warranties
For a period commencing on the date of Final Acceptance
and one year thereafter, Contractor warrants that the
services performed by it under this Agreement shall be
performed in accordance with the ordinary skill and care
which would be executed by those who are knowledgeable,
trained and experienced in rendering these types of
services at the time such services are performed. The
warranty for equipment provided by Contractor under this
Agreement shall be in accordance with the warranty
Contractor received from its supplier. THESE WARRANTIES
ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE AND ANY WARRANTY WHICH MAY ARISE
BY REASON OF USAGE OF TRADE OR CUSTOM OR COURSE OF
DEALINGS.
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B. Remedies
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1.
If, during the warranty period specified in section
A, the city (a) discovers that the equipment
provided by Contractor under this Agreement is not
in accordance with the express warranty set forth in
section A and (b) notifies Contractor in writing of
such, then Contractor shall, without charge to the
City and on behalf of the city, be responsible for
the enforcement of, or will perform without charge,
the applicable obligations which the supplier of
such equipment may have with respect to repairing or
replacing such equipment to the extent necessary to
correct such defects.
2. If, during the warranty period specified in section
A, the City (a) discovers that the services
performed by Contractor under this Agreement had not
been performed in accordance with the express
warranty set forth in section A and (b) notifies
Contractor in writing of such faulty services, then
Contractor shall, without charge to city, reperform
such services to the extent necessary to correct the
fault therein.
3.
THE REMEDIES SET FORTH IN THIS SECTION B ARE IN
OF AND EXCLUDE ALL OTHER REMEDIES AVAILABLE TO
CITY RELATING TO WARRANTIES FOR PRODUCTS
SERVICES PROVIDED UNDER THIS AGREEMENT.
LIEU
THE
~D
18. INDEMNITY
Contractor shall indemnify, defend and hold harmless City from
and against any and all claims, demands, suits, actions,
proceedings, judgments, losses, damages, injuries, penalties,
costs, expenses (including attorneys' fees) and liabilities of,
by, or with respect to third parties, which arise solely from
Contractor's negligent performance of services under this
Agreement. Contractor shall not be responsible for, and city
shall indemnify, defend and hold harmless Contractor from and
against, any and all claims, demands, suits, actions,
proceedings, judgments, losses, damages, injuries, penalties,
costs, expenses (including attorneys' fees) and liabilities of,
by, or with respect to third parties, which arise solely from
the city's negligence. with respect to any and all claims,
demands, suits, actions, proceedings, judgments, losses,
damages, injuries, penalties, costs, expenses (including
attorneys' fees) and liabilities of, by, or with respect to
third parties, which arise from the joint or concurrent
negligence of Contractor and City, each party shall assume
responsibility in proportion to the degree of its respective
fault.
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19. CONSEQUENTIAL DAMAGES
In no event shall Contractor be liable for special, indirect or
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not intended to limit, in any way, the insurance coverage set
forth pursuant to Article 24 of this Agreement. Contractor's
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liability shall be absolutely and without exception be limited
to the insurance coverage provided pursuant to Article ~ of
this Agreement. 024
20. CONTRACT REPRESENTATIVES //;///-z('-f.'~
Any changes in the method or nature of work to be performed
under this Agreement must be processed by the City through the
Contractor's Contracts Manager. Upon the execution of this
Agreement, the city will name its representative who will be
legally authorized to obligate the City under this Agreement.
21. NOTICES
Any notice
shall be
certified
parties as
required to be given by the terms of this Agreement
deemed to have been given when the same is sent by
mail, postage prepaid, addressed to the respective
follows:
"CITY"
City of San Bernardino
MIS Department
300 North D Street
San Bernardino, CA 92418-0001
Attn: Ms. Janis Ingels
"CONTRACTOR"
PRC Public Management Services, Inc.
1500 Planning Research Drive
Mail stop #3W6
McLean, Virginia 22102
Attn: Darrell Bertness,
Vice President
Finance & Administration
22. VALIDITY
The invalidity, in whole or in
Agreement shall not void or
provision of this Agreement.
part, of any provision of this
affect the validity of any other
23. GOVERNING LAW
This Agreement shall be governed according to the laws of the
State of California.
24. INSURANCE
Contractor shall provide and
the following programs of
under this Agreement. The
the Contractor's certificate
During the term of the Agreement,
maintain, at its own expense,
insurance covering its operations
programs of insurance is defined in
of Insurance (Exhibit "C").
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AGREEMENT WITH PRC PUBLIC MANAGEMENT SERVICES, INC. FOR UPRGRADE
OF CAD AND RMS COMPUTER SYSTEMS.
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25. SOFTWARE MAINTENANCE
Maintenance of
under current
Contractor.
Contractor's application software shall continue
maintenance agreement in effect between City and
26. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement
7 between the parties hereto and supersedes all prior and
contemporaneous negotiations, representations, understandings
8 and agreements, whether written or oral, with respect to the
subject matter hereof. This Agreement may be amended only by
9 written instrument signed by the parties hereto.
10 IN WITNESS WHEREOF, the parties have executed this
Agreement on the day and year first above written.
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Attest: City of San Bernardi~'
ci~~~f~ ~v~
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By:
"j,,-')'lJ.) f
?
"'''Y.Y'H~~
Contractor
PRC PUBLIC
SERVICES, INC.
MANAGEMENT
By: J) !)~
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"This Page Intentionally Left Blank"
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"This Page Intentionally Left Blank"
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Res. 91-173
EXHIBIT .Il.
~e~~s-.lnC.
ISeo"'*"""'9A_O"".
~. V" 22102
7030S610Z7CC
FAX 703._, 114
PRe
Marcil 8, 1991
M-760
Ms. ShaW\& Edwirls
City Administrator
City of San Bemardino
Office of the City Administ1'ator
300 North 0 Street
San Bemazdino, California 92418-0001
Dear Ms. EdWiN:
PRC Public: Management Services, me. is pleased to present this propgsal to Pl'OVic1e
turnkey system integration services to achieve a hardware upgraae of your cAD IlId
RMS systems combined with the software migration of your CAD Syitcu..
This proposal has been reviewed with Digital Equipment ~ration and is a
tOmplementary offer to their offer to provide the C1ty with an add1tional businesI
Mft\puter system and a fiber optic network which links that systmn with the new
CAD and R:Ms hardware pla~. PRC will work dose1y with Dilital to coordiDate
the computer e<L~~t and network installation effort& which will be provided. to
you clirectIy by ~
While PRC is providing the uppded hardware for the RMS system, the one (1)
activity not covered by this proposal is RMS system migration and integration which
PRe unc1erstaDdl Wl1f be contrac:t.d independently by the City with n1Nron.
With te$i*t to ti. CAD upsrade, PRC will provide (1) overall implementation
planning and .....~..lf"lp'; (2) cutover planning; (3) me migration; (4) migration of the
CAD hOm its c-6...t hardware platform to VAX 4000 hardWlll'r, (S) mOdification of
CAD software to 11..t'~t VMS 5.4 versus the cumlnt VMS level; and (6) acl.jultmen~
of CAD software to ac:an:runodate VMS VolUUle shadowing. PRe will be the single
point of t'Ontact for this system migration.
PRC ph"t^1!e5' to proVide the hardware and services delineated above for the prices
enumerat1Ki 'below:
11
PRC PU3LIC r~NAGEMENT SERVICES, INC.
'31.21 'd
rO:01 16, 62 dd~
.
ML 5ham1a EdWilla
March ~ 19ft--
Pap Two - -
1. The hlU'dware enumerated in Attachment 1 (wlUch c:mtes a DlptaL
~=-t COt........tion Ust Price of $634,953) for a fbm fIxecl prtcI of
f'MM1 plua applicable Sal.. Tax. l:Nutaftce wiD be blUed ~y
at $3,144. and shipping wl11 be billed at cat. InstlI1Iatian wiD bit
provided by Digital within the scope ollbt annplemezltary IhO~ to
the ety.
%. Tumlcey services as delineated above, to install the CAD .,.. on the
new hardware pla1fonn and In the moc:W1ed sys1ell\ software
envircmment for a firm fixed price of $2O,ClOO.
This reviled pricing is a result of the joint efforts of Digital Equipment Corporation
and PRC to provide the City with the best possible solution anl:1 iesolve the issue of
tum1cey resJ)OI15ibWty. This quote supercedes our previous quotes elated. Febnwy 26,
1991 and March 6, 1991.
w. look. forwani to suppartlz\g the City of San BemardiJIa in this upgrade project.
W. beBave that the City's re1W\ce on a sll'lg1e experienced contractor to pruride the
CAD twdwue, softwale and integration services required to rehoIt an operatfotW
aidcal public: safety syStem is in the City'. best ~II; ,
Please feel free to c:all Mr. Richard O'Connor in our Orange offtoe at 71405G9765 if
you. have any questions regarding this quotation.
Sincerely,
~e.8~
Mid1ael er.wes
5eP1or Vice PrMdent
PubUc: SIfety Diviliml
MDtkc
Atladurltftt
cc Ms. Juice Ingels
12
PRe PUBLIC MANAGEMENT SERVICES, INC.
'3,/10. . d
S0:0, ,6, 62 ~d~
Res. 91-173
EXHIBIT B
Contract Amount and PaYment Schedule
I. Payment Schedule
A. Hardware - the price of the equipment listed in
Exhibit "A" shall be due as follows:
$444,467 plus 6.5% sales tax of $28,890 upon
installation acceptance of DEC services and tests by
the City. All shipping, installation, and insurance
costs are the reponsibility of Digital Equipment
Corporation.
HARDWARE TOTAL $473.357
B. Software and services - The milestone payments are as
follows:
Final Acceptance $ 20.000
SOFTWARE TOTAL $ 20.000
II. Payments are net thirty days from date of invoice.
III.
The total contract amount
Thousand Three Hundred and
including sales tax.
is Four Hundred Ninety Three
Fifty-Seven Dollars ($493,357)
Res. 91-173
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