HomeMy WebLinkAbout2008-304
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RESOLUTION NO. 2008-304
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
PURCHASE OF A THREE YEAR MAINTENANCE CONTRACT FOR THE PUBLIC
SAFETY DISPATCH CENTER'S DIGITAL VOICE LOGGING RECORDER FROM
NICE SYSTEMS OF UNIONDALE, NEW YORK.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Common Council approve a selected source bid
exemption allowing the Police Department to use NICE Systems Inc, of Uniondale, New York
as the maintenance provider for the Public Safety Dispatch Center's digital logging recorder
system because of their qualifications as the manufacturer of the system and dernonstrated
previous service (per Municipal Code 3.04.010 (b)(3)).
SECTION 2. That the Mayor and Common Council authorize the City Manager or his
designee to sign the City Vendor Service Agreement (incorporated as Attachment 1) between
the City and NICE Systems Inc, of Union dale New York for maintenance services as outlined
in NICE Systems Inc's May 15,2008 quote (012908MF-001).
SECTION 2. That the Mayor and Common Council authorize the Purchasing Manager
to issue a Purchase Order to NICE Systems Inc, of Uniondale, New York for the purchase of a
three-year maintenance agreement for the Public Safety Dispatch Center's digital logging
recorder system as outlined in NICE Systems Inc's Quote #012908MF-OOl dated May 15,
2008. The Purchase Order shall read "San Bernardino PD Logging Recorder Maintenance -
Three Year Silver Plan. Not to exceed $69,244.64."
III
III
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2008-304
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
PURCHASE OF A THREE YEAR MAINTENANCE CONTRACT FOR THE PUBLIC
SAFETY DISPATCH CENTER'S DIGITAL VOICE LOGGING RECORDER FROM
NICE SYSTEMS OF UNI0NDALE, NEW YORK.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint
and Common Council of the City of San Bernardino at a rellular meeting thereof, held
on the 4 th day of August
, 2008, by the following vote, to wit:
ABSTAIN
ABSENT
Council Members:
AYES
NAYS
x
ESTRADA
x
BAXTER
x
BRINKER
JI:
DERRY
x
KELLEY
x
JOHNSON
x
MCCAMMACK
~ f.J_~
Rae el G. Clark, City Clerk
The foregoing resolution is hereby approved this }, tlI day of August
,2008.
o--tJ>.."-
Approved as to
Form:
./~
SF. PENMAN,
Ity Attorney
2008-304
RESOLUTION NO. 2008-304
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 4th day of August 2008, by and
between NICE Systems Incorporated, of Union dale, New York ("VENDOR") and the City
of San Bernardino ("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for a three year maintenance agreement for
the Public Safety Dispatch Center's digital voice logging recorder system as outlined in
NICE Systems Inc's May 15,2008 quote (012908MF-001) included with this agreement as
Exhibit "A"; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from NICE
Systems Inc. because they manufacture the system and operate a regional service center in
San Diego, California.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the servtces of
VENDOR to provide those products and services as set forth on Exhibit "A" attached hereto
and incorporated herein.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of invoices,
shall pay the VENDOR up to the amount of $69,244.64 for the services set
forth in Exhibit "A".
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
IT -Police NICE 3 Yr VSA 200807232
1
2008-304
3. TERM; TERMINATION.
The term of this Agreement shall be for a period of three years.
This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended.
The duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
VENDOR agrees to and shall indemnify, defend and hold the City, it's elected
officials, employees, agents or representatives, free and harmless from all claims, actions,
damages and liabilities of any kind and nature arising from bodily injury, including death, or
property damage, due to the misconduct, negligence, or omission of VENDOR, it's
employees, agents, or subcontractors, relating to or in any way connected with VENDOR'S
performance under this Agreement. In no event shall VENDOR be liable for special
incidental, punitive or consequential damages. VENDOR'S total liability for any claim,
whether in tort, contract or otherwise, shall be limited to the total amount to be paid
VENDOR under quote (012908MF-001).
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 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. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
IT-Police NICE 3 Yr VSA 200807232
2
2008-304
6. NON-DISCRIMINATION
In the performance of this Agreement and in the hiring and recruitment of
employees, VENDOR shall not engage in, nor permit its officers, employees or agents to
engage in, discrimination in employment of persons because of their race, religion, color,
national origin, ancestry, age, mental or physical disability, medical condition, marital status,
sexual gender or sexual orientation, or any other status protected by law, except as permitted
pursuant to Section 12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents
and purposes VENDOR shall be an independent contractor and not an agent or employee of
the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment
of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER
REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business
registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses,
permits, qualifications, insurance and approval of whatever nature that are legally required of
VENDOR to practice its business or profession.
III
III
/11
III
IT-Police NICE 3 Yr VSA 200807232
3
2008-304
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the
United States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Mr. Michael Eckley
City of San Bernardino
300 North D Street
4th Floor - IT Dept
San Bernardino, CA. 92418
Telephone: (909) 384-5947
TO THE VENDOR:
Mr. Mike Finnegan
NICE Systems Inc.
PO Box 9421
Uniondale, New York 11155
Telephone: (720) 889-8649
10. ATTORNEY'S FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and
expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions or provisions hereof. The costs, salary and expenses of the City Attorney and
members of his office in enforcing this Agreement on behalf of the CITY shall be considered
as "attorneys' fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
IT.Police NICE 3 YrVSA 200807232
4
2008-304
Agreement. Regardless of CITY's consent, no subletting or assignment shall release
VENDOR of VENDOR's obligation to perform all other obligations to be performed by
VENDOR hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the u.s. District Court for the Central District of
California, Riverside Division. The aforementioned choice of venue is intended by the
parties to be mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes
of convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction
to be invalid or unenforceable for any reason, such determination shall not affect the validity
or enforceability of the remaining terms and provisions hereof or of the offending provision
in any other circumstance, and the remaining provisions of this Agreement shall remain in
full force and effect.
III
IT-Police NtCE 3 Yr VSA 200807232
5
2008-304
Vendor Services Agreement Between the City of San Bernardino and NICE Systems, Inc.
Approved by Resolution No. 2008-304
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject
manner of this Agreement. This Agreement may be modified or amended only by a written
instrument executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on
the day and date set forth below.
CITY OF SAN BERNARDINO
Dated: 1/Z5)(J(,2008
I j
f p,
By: UlL V---...)
NICE SYSTEMS, INC.
Dated: , 2008
By:
Lori Sassoon
Acting City Manager
Its:
Approved as to Form:
James F. Penman, City Attorney
IT-Police NICE 3 Yr VSA 200807232
6
seP-;!0-_ 09: 13 FROM: ~ ElEF!NARDINO CITY 9ll'338451S8
2008-304
TO: 93SS494S
P.2 1JI1XVlllll\Z
108-;
RESOLUTION NO. ~-304
VEl'lDOR SERVICE AGREEMENT
This Vendor ServI~e Agreement is utered Into this 4tlJ day of AUglIst :Z008, by 1IIIt1
hetweu NICE Systeua Incorporated, of Unloudale, New York ("VENDOR") aad tlJ~ City
ofSaa. BeraardIDo C'OTY" or "San Bemardiao").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is adYlllltageous
and in the best interest of the C1TY to contract for a three year maintenance agreement fur
Ibe Public Safety Dispatch Center's digital voice logging recorder system as outlined in
NICE SystelIlll Inc's May 15,2008 quote (012908MF-001) included with this agreement as
Exhibit ClA"; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from NICE
Systems lnc. because they manufacture the system and operate a regional service center in
San Diego, California,
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remunemtion stipulated, San Bernardino hereby engages the services of
VENDOR to provide those producti and serviec:8 8S 0&:1 forth on Exhibit "A" attached hereto
and Incorporated herein,
Z. COMPENSATION AND ExPENSES.
a. For the services delineated above, the CITY, upon presentation of Invoices,
shall pay the VENDOR up to the amount of $69,244.64 toT the S'Orvices set
forth in Exhibit "An.
b, No oth... expenditures made by VENDOR shall be reimbulled by CITY,
IT -poli"" NICE 3 V, VSA 200801232
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2008-304
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3. TERM; TERMINATION.
The term of this Agreement shaD be for a period of three years.
This Agreement may be tcnninated at any time by thirty GlO) days' written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended.
The duration of this Agreement may be ex.tllllded With the wrilllm consent of both parties.
4. INDEMNITY,
VENDOR agrees to and shall indemnify, defend and hold the City. it's elected
officials, employees, agents or representatives, free and bannless from all claims, actions,
danlages and liabilities of any kind and nature arising from bodily InJury, including death, or
property damage, due to the misconduct, negligence, or omission of VENDOR, it's
employees, agents, or subcontractors, relating to or In any way COll1lccted with VENDOR'S
petfonnance under this Agreement. In 110 event shall VENDOR be liable for special
incidental, punitive or consequential damages. VENDOR'S total liability fur any claim,
whether In tort, contract Or otherwise, shall be limited to the total amount to be paid
VENDOR under quote (012908MF-OOl),
5. INSURANCE.
While not restricting or limiting the foregoing, during the lerJn of this Agreement,
VENDOR shall maintain in effect policies of comprehencive public, general and automobile
liability insurance, in the amount of $1,000.000.00 combined single limit, and statutory
worker's compeD$ation coverage, and shall file copies of said policies with the CITY's Risk
Manager ptlO\' to UIIdertaking any work under this Agreemcnt. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certifica~ of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
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2008-304
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6. NON-DISCRIMINATION
In the performa1\Ce of this Agreement and in the hiring and teeroitment of
employees, VENDOR shaH not engage in, nor permit its officers, employees or agents to
engage in, discrimination in employment of persons because of their race, tOligion, color,
national origin. ancest\1'. age. mental or physical disability, medical condition, marital status,
sexual gender or sexual orientation, or any other status protected by law, except as permitted
pursuant to Section 12940 of the C~lifomia Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by thiB Agreement, but for all intents
and purposes VENDOR .hall be all independent wntractor and not an agent or employee of
the CITY, VENDOR sball secure. at its expense, and be responsible for any and all payment
of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officen, agents, and
employees. and all business license, if any are required, in connection with the services to be
performed hereundet.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER
REQUIREMENTS.
VENDOR wammts that it posaesses or shall obtain. and maintBin a business
registration certificate pursuant to ~pter 5 of Ille Municipal Code, and any other licenses,
permits, qualifications, insurance and approval of whatever nature that are legally required of
VENDOR to practice its business or profession,
/II
11/
11/
III
IT.P.Ii" NICE l y, V$^ 200807232
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2008-304
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9. NOTICES.
Any notices to be given pursuant to' this Agreement shall be deposited with the
United States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Mr. Michael Eckley
City of San Bernardino
300 North D Street
4'~ Floor - IT Dept
San Bernardino. CA, 92418
Telephone: (909) 384-5947
TO THE VENDOR:
Mr. Mike Finnegan
NICE Systems Inc.
PO Box 9421
Uniondale, New York 11155
Telephone: (720) 889-8649
ATrORNEY'S FEES
10.
.
In the event that litigation is brought by any ~ in cOnnection with this Agreement,
the prevailing party shal1 be entitled to recover from the opposing party all costs and
expenses, including reasonable attorneys' fees, incnned by the prevailing party in the
exercise of any of its rights or remedie. hereunder or the enforcemcnt of any of the terms,
condition. or provisions hereof. The costs, salary and expenses of the City Attorney and
members of his office in enforoinllthis Agreement on behalf of the CITY shall be considered
as "attorneys' fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, tmISfer. sublet or
encumber all or any part of the VENDOR's interest In this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbTance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
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Agreement. R$ogaIdles. of CITY's consent, no subletting or IlSsignment shall release
VENDOR of VENDOR's obligation to perfurm all other obligations to be performed by
VENDOR hereunder filr the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection wi!h Ilris
Agreement shall be tried and litigated either in the State eourts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of
Califilrnia, Riverside Division. The aforementioned choice of venue is intended by the
parties to be mandatoty and not pcnnissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agre<m1cnt shall be binding on and inure to the benefit of the parties to this
Agrecment and their respective heiIS, representatives, sue<:cssors. and assigns.
IS. HEADINGS.
The su~ecl headings of the sections of this Agreement are included tor the purposes
of convenience only and shall not affect the construction or !he interpretation of any of its
provisions.
16. SEVERABILITY.
If any provision of this Agreement is determined by a coun of competent jurlscliction
to be invalid or unenforceable tor any reason, such determination shall not affect tIte validity
or enfilrceability of the remaining temlS and provisions hereof o~ of the offimdlng provision
in any other circumstance, and the remaining provisions of this Agreement shall remain in
full Corce and effect.
III
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2008-304
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TO: 93884945
P.7 lllfXYJII!6l1
Vendor Services Agrelltnent Between the City of San Bernardino and NICE System~. Inc.
Approved by R..solution No. 2008-304
17. ENTIRE AGlU:EMENTI MODIFICATION.
This Agreement constitutes the entire agreement and the undentanding betwllCll the
parties, and SUPCtsedes any prior agreements and undentandlngs relating to the subject
manner of this Agreement. This Agreement may be modified or amended nlfly by a written
instrument executed by all parties to this Agreement
IN WITNESS THEREOF, the parties hereto have executed this Agreement on
the day and date set folth below.
CITY OF SAN BERNARDINO
NICE SYSTEMS, INC.
Dated: \ O/;to .2008
Dated:
1/l.3/or .2008
fit D-- ~,
By: 'K llAI.A au ~ ,Q._
Its: K l\".....<.A 1l... _rl-L.-o.,
By;
Lori SassOoD
Acting City Manager
Approved as to Fonn:
18111es F. Penman, City Attorney
rr~poltee NlCE.] Yr VSA 200107132
6
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Todd Williams
919.554.1954
p.l
Sf -SA
(Rev. 6/16/07)
5010
l
I 1350 \8
STATE OF SOUTH CAROLINA
DEPARTMENT OF REVENUE
RESALE CERTIFICATE
Notice To Seller:
It is presumed that all sales are subjeclto the tax until the contrary is established. The burden of proof is on the seller that
the sale of tangible personal property is not a retail sale. However, if the seller receives a resale certJficate sIgned by the
purchaser stating that the property is purchased for resale, the liability for the sales tax shills from the seller to the
purchaser.
This certificate is intended for use by licensed retail merchants purChasing tangible personal property for resale, lease or
rental purposes. To be valid, it must be signed by the owner, partner or a corporate officer, and must include the
purchaser's name, address and retail sales tax license number.
Purchaser's statement;
As purchaser, I certify that I am engaged in the business of selling, leasing or renting tangible personal property of the
kind and type sold by your firm. Unless otherwise specified, I certify that all tangible personal property purchased on or
after this date is to be resold, leased or rented by me. This certificate shall remain in effect unless revoked or cancelled in
writing. I also certify that if the tangible personal property is withdrawn for use other than for resale, lease or rent, that I will
report the transaction to the SC Department of Revenue as a withdrawal from stock and pay the tax thereon based upon
the reasonable and fair market value, but not less than the original purchase price. Furthermore, I understand that by
extending this certificate that I am assuming liability for the sales or use tax on transactions between me and your firm.
TO:
N\c-e, SUbiet"l\7 _
(~~b~ow!.e.l QlJ t"J7/JLe~(& ~ 6'1Q70
(Str..tAddr...) ~) (Stal.) (ZipCodo)
KIND OF BUSINESS ENGAGED IN BY PURCHASER ~..J)eo.\-e( _.
~t(1)rJ; l\j ~~*t'<\ ~
.~rfleJ G, l.Jilll'a~
(Print of er. P rtn or Corp. Officer)
ITEMS SOLD, LEASED OR RENTED BY PURCHASER
~JlLe..o"'e Soh.l.-\-;o\'\s ,-rv,L
V(Purchaser's BUSiness or Finn Name)
5:301 ~~:Rd..--
@ke. mf~i NC /),75'81
(City) (State)
Oqg l!-/) 73<1 d...
(South Carofina Retail License Numbl:!r, if not S.C. Indicate state)
(Signature of Owner. Partner or . Officer)
Se~~0'q/~
(litle)
q,. 30-0~ _
(Date)
(Zip Code)
L
50101021
J