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Home My WebLink About2008-444 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2008-444 RESOLUTION OF CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASE OF DIGITAL VOICE RECORDERS AND SUPPORTING HARDWARE AND SOFTWARE FOR THE POLICE DEPARTMENT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That Versatile Information Products, Inc., of Riverside, California, is a sole source provider of the PUMA-3300 digital voice recorders and holds an exclusive contract with Olympus, the manufacturer, for these devices. That the Mayor and Common Council authorize an exemption from the regular bid process in accordance with Section 3.04.010, Section B.l of the San Bernardino Municipal Code. SECTION 2. That the Mayor and Common Council authorize the City Manager, or their designee, to sign the City of San Bernardino Vendor Service Agreement, referenced as Attachment A to this Resolution, between the City of San Bernardino and Versatile Information Products, Inc., of Riverside, California, for the purchase of PUMA-3300 digital voice recorder kits. SECTION 3. That the Mayor and Common Council authorize the Purchasing Manager to issue a Purchase Order for $53,988.79 to Versatile Information Products, Inc. for the purchase of 95 PUMA-3300 digital voice recorders, 99 user licenses for management software, and 97 media cards. The Purchase Order shall reference the number of this Resolution and shall read "PUMA-3300 digital voice recorders, user licenses, and media cards. Quote #082409PDS33-95. Not to exceed $53,988.79" IIII IIII 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2008-444 1 2 3 4 5 6 7 8 9 10 11 12 13 VACANT RESOLUTION OF CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASE OF DIGITAL VOICE RECORDERS AND SUPPORTING HARDWARE AND SOFTWARE FOR THE POLICE DEPARTMENT. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a i oint re2ularmeeting thereof, held on the 1st day of December , 200S, by the following vote, to wit: Abstain Absent Council Members Aves Navs ESTRADA x BAXTER x BRINKER x KELLEY x JOHNSON x McCAMMACK x 9.~~.~ Racnel G. Clark, City Clerk The foregoing Resolution is hereby approved this~ day of December , 2008. 5:)'........",. ... Approved as to Form: b~' ~ 2008-444 ATTACHMENT A VENDOR SERVICE AGREEMENT Purchase of PUMA-3300 Digital Voice Recorder Kits Page 1 of5 This Vendor Service Agreement is entered into this ~ day of December by and between Versatile Information Products. Inc. of Riverside. California ("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 purchase PUMA-3300 digital voice records and supporting hardware and software for the San Bernardino Police Department; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services 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 an invoice, shall pay the VENDOR up to the amount of $ 53,988.79 for the products and services as set forth on Exhibit "A," attached hereto and incorporated herein. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this Agreement shall end on June 30, 2009. 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 ofthis Agreement may be extended with the written consent of both parties. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its 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, based or asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or 2008-444 ATTACHMENT A VENDOR SERVICE AGREEMENT Purchase of PUMA-3300 Digital Voice Recorder Kits Page20f5 omISSIOns. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment ofthe work or performance of services under this Agreement. 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. 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. 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. 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: 2008-444 VENDOR SERVICE AGREEMENT Purchase of PUMA-3300 Digital Voice Recorder Kits Page 3 of5 TO THE CITY: TO THE VENDOR: Theodis Henson, Captain San Bernardino Police Department 710 North "D" Street San Bernardino, CA 92402-1559 Telephone: (909) 384-5709 Joshua M. Shepard Versatile Information Products, Inc. 3630 Park Sierra Drive Riverside, CA. 92505 (800) 794-4044 10. ATTORNEYS' 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 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. 2008-444 ATTACHMENT A VENDOR SERVICE AGREEMENT Purchase of PUMA-3300 Digital Voice Recorder Kits Page 4 of5 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. 17. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. 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 matter of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. III III III III III III III III 2008-444 ATTACHMENT A VENDOR SERVICE AGREEMENT Purchase of PUMA-3300 Digital Voice Recorder Kits Page 5 of5 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 1'2.... I 0 ,200S ~~~ UgQ~ Hcl..\.st-cl..,) Dated & ~ _..3 , 2008 /;; By: Mark Weinberg, Interim City Manager Approved as to form: James F. Penman, City Attorney BY:/! 1-1 A:- 2008-444 Police S ecial To: Altn: Address: Phone: Email: )Iodel ~umbel'" PUMA-3300 PUMA-UL 128GBXD EXHIBIT "A" ~ ~ 0%!!!Y PUMA Software Versatile Information Products, Inc. 3630 Park Sierra Drive Riverside, ea 92505 800 794-4044 951 352-4593 fax San Bernardino Police Department San Bernardino Police Dept. Malhew Good 710 North D. Streel San Bernardino, Ca. 92401 909384-5614 Good Ma@cLsan-bernardino.ca.us Estimate #: Estimate Date: Install Location Contact: 082409PDS33-95 September 24, 2008 h/w,slw Quantity Description lie PUMA-JJOO I PUMA SOITW ARE APPLICATION Hlw & S/w 95 PUMA-3300 Digital Voice Recorder Package Hfw Includes: Tie Clip Microphone H/w Leather Holster Hfw Docking Station w/ Recharge Function H/w 32MB XD Media Card If/w Up to II hours of recording H/w Built-In Internal Microphone Hlw USB Download Kit S/w 3 Re-namcable Folders 1199 messages per Folder S/w Allows Indexing S/w Noise Cancellation S/w E-mail Capabilities S/w Officer ID Insertion S/w 99 PUMA User I Author License for PUMA Management App. H/w 97 128GB XD Media Cards List Price Extended Pl'"ice 399.00 37.905.00 100.00 9.900.00 21.09 2,045.73 Years Service aDd Su ort Contract Full Replacement Warranty (Digital Recorder) 0.00 0.00 , ., I () I \1; ~ t' S SJ.W"S.79 Terms; Payment Tenns: Net 30 Days Delivery: CFR. Factory .VIP is the Sole Distributor for PUMA Validity of quotation: 90 Days Estimated Delivery: 2 weeks URO (Delivery is contingent upon stock availability at the time of order placement) (Price assumes the use of City I Agencies existin Servers and Stora e Customer must su I S Land FTP Servers for PUMA Software Installation Joshua M. Shepard Account Manager Police S ecial To: All": Address: Phone: Email: .\fode) i'lumbl'r PUMA-3300 PUMA-UL 128GBXD 2008-444 PUMA Software San Bernardino Police Department San Bernardino Police Dep!. Mathew Good 710 North D. Street San Bernardino, Ca. 92401 909384-5614 Good Ma((Vci.san-bcmardino.ca.us Estimate #: Estimate Date: Install Location Contact: /." ) (O!lD~,.< --.--- Versatile Information Products, Inc. 3630 Park Sierra Drive Riverside, ea 92505 800 794-4044 951 352-4593 fax 082409PDS33-95 September 24, 2008 List Extended h/W,s/" lie Quantity Ilescrilltilln I)rice I'rin' l'IlMA.3300 I rllMA SOFTWARE ArntCA nON Il/w&S/w H/w III..... IlIw IlIw H/w IlIw Hlw S/\'.! Sfw 95 PUMA.3300 Digital Vuice Recorder Package Includes: Tie Clip Microphone Leather Holster Docking Station wI Recharge Function 32MB XD Media Card Up 10 11 hours of recording Built.ln Internal Microphone usn Download Kit 3 Re-nameab1c Folders / 199 messages per Folder Allows Indexing Noise Cancellation E-mail Capabilities Officer lD Insertion 399.00 37,905.00 S/w Slw S/w S/\\' PUMA User I Author License tor PUMA Management App. 100.00 9.900.00 99 IlIw 128GB XD Media Cards 21.09 2,045.73 97 Tl'rms: Payment Terms: Net 30 Days Delivery: CFR - Factory .VIP is the Sole Distributor for PUMA Validity of quotation: 90 Days Estimated Delivery: 2 weeks URO (Delivery is contingent upon stock availahility at the time of order placement) (Price assumes the use of City I Agencies existin Servers and Stora 'c)(Customer must su I SQL and FTI' Servers for PUMA Suftware Installation) Joshua M. Shepard Account Manager