HomeMy WebLinkAbout2009-297
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RESOLUTION NO. 2009-297
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
PURCHASE OF A DIGITAL IMAGE MANAGEMENT SYSTEM UPGRADE FOR
THE SAN BERNARDINO POLICE DEPARTMENT FROM LINEAR SYSTEMS OF
RANCHO CUCAMONGA, CALIFORNIA.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That Linear Systems, of Rancho Cucamonga, is the provider of the
existing Digital Image Management System used by the San Bernardino Police Department's
Forensic Bureau. Pursuant to San Bernardino Municipal Code 3.04.010(b)(3), the Mayor and
Common Council approve a selected source justification for thi ~ upgrade purchase.
SECTION 2. That the Mayor and Common Council authc.rize the City Manager, or his
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 Linear Systems, of
Rancho Cucamonga, California for this purchase of an upgrade to the existing desktop Digital
Image Management System to an enterprise-wide version.
SECTION 3. That the Mayor and Common Council authorize the purchasing manager
to issue a Purchase Order to Linear Systems, of Rancho Cucamonga, California for the
purchase of an enterprise upgrade to the Police Department's Digital Image Management
System as outlined in Linear System's "DIMS System Enterprise Upgrade" quote dated July
17,2009, in an amount not to exceed $59,501.15." The Purchase Order shall read "San
Bernardino DIMS Enterprise Upgrade.
SECTION 4. The authorization to execute the above referenced Agreement and issue
the amount referenced purchase order is rescinded if it is not executed and returned to the City
Clerk's Office within thirty (30) days of the passage of this resolution.
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2009-297
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
PURCHASE OF A DIGITAL IMAGE MANAGEMENT SYSTEM UPGRADE FOR
THE SAN BERNARDINO POLICE DEPARTMENT FROM LINEAR SYSTEMS OF
RANCHO CUCAMONGA, CALIFORNIA.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
regular
and Common Council of the City of San Bernardino at a j 01 nt meeting thereof, held
on the 17th day of Auguwt
,2009, by the following vote, to wit:
Council Members: AYES
ESTRADA X
BAXTER X
X
BRINKER
SHORETT X
KELLEY X
JOHNSON ---lL......
MCCAMMACK X
-
ABSTAIN ABSENT
NAYS
Q...~~.~
R~hel G. Clark, City Clerk
The foregoing resolution is hereby approved this _l ~ day of AlIgMt
,2009.
Approved as to
Form:
27
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2009-297
VENDOR SERVICE AGREEMENT
Enterprise Upgrade to Existing Digital Image Management System
Pagelof5
This Vendor Service Agreement is entered into this /7f7Jday of ~f"S"r- , zoo'!
by and between Linear Svstems, of Rancho Cncamonl!a, 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 contract for an enterprise upgrade to the City's existing
desktop Digital Image Management Systems (DIMS) system 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 $ 59,501.15 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 be for a period of one year.
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 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 officiais, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
ATTACHMENT "A"
2009-297
VENDOR SERVICE AGREEMENT
Enterprise Upgrade to Existing Digital Image Management System
Page20f5
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
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 of the work or performance of services under this Agreement.
S. WARRANTY.
Vendor expressly warrants that all products and services supplied to City by Vendor
under this Agreement shall conform to the specifications, drawings or other description upon
which this PURCHASE is based, shall be fit and sufficient for the purpose intended,
merchantable, of good material and workmanship, free from defects and free and clear of all
liens or encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not
affect Vendor's obligations under this warranty, and such warranty shall survive inspection,
testing, acceptance and use. Vendor agrees to replace or correct promptly defects of any goods
or services not conforming to the foregoing warranty without expense to the City, when notified
of such non-conformity by City. If V endor fails to correct the defects in or replace non-
conforming goods or services promptly, City may, after reasonable notice to Vendor, make such
corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for purposes of
this section shall not be deemed to require more than 60 calendars days notice before
commencement of efforts by the City to effect cover or a cure except upon written agreement
of the Parties.
6. INSURANCE.
While not restricting or limiting the foregoing, during the tern' of this Agreement,
VENDOR shall maintain in effect 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. 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.
7. 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.
ATTACHMENT "A"
2009-297
VENDOR SERVICE AGREEMENT
Enterprise Upgrade to Existing Digital Image Management System
Page 3 of5
8. 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 connectioll with the services to be
performed hereunder.
9. 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.
10. 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:
TO THE VENDOR:
Michael Eckley, Public Safety IT Manager
San Bernardino Police Department
710 North "D" Street - B Building
San Bernardino, CA 92402-1559
Telephone: (909) 384-5947
Chris Parsons, President
Linear Systems
8403 Maple Place
Rancho Cucamonga, CA. 91730
(909) 899-4:;45
11. 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.
12. 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
ATTACHMENT "A"
2009-297
VENDOR SERVICE AGREEMENT
Enterprise Upgrade to Existing Digital Image Management System
Page 4 of5
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 ofthis Agreement.
13. 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.
14. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
15. 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.
16. 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.
17. 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 rot 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 shaH remain in full force
and effect.
18. 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 ofthis 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.
ATTACHMENT "A"
2009-297
Page 5 of5
VENDOR SERVICE AGREEMENT
Enterprise Upgrade to Existing Digital Image Management System
19. 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.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: 0/.2..
,2009
VENDOR.
By:
Its:
~..
~oo
:>,t.. ")42"",./ ,;??~
Dated 9-;L
,2009
Approved as to Form:
James F. Penman, City Attorney
By:
C/Vt./fYI~,\
2009-297
DIMS System Enterprise Upgrade
Equipment
#LS-120 DIMS Enhanced Digital Download Station Kiosk
DIMS Systems Digital Asset Download Station w/o DIMS
DIMS External Subsystem wI controller 500GB PATA usa black
SMARTIOOOLCD line interactive UPS system
Installation @ Linear
#LS.120 DIMS Digital Download Station upgrades
500GB upgrade Download Station & External Subsystem (for existing hardware)
Windows XP upgrade wi card reader & RAM upgrade
Linear DIMS Core software multi-user single-station license
DIMS software wi Linear 64-Bit image encryption authentication/validation module
DIMS RAW Image File Decoder for comparative analysis
DIMS Core Browser Module (unlimited user license)
DIMS Audio Download Module digital pocket recorders (purchase recorders from Linear)
DIMS Audio Transcription Module for digital pocket recorders (requires Audio Module)
DIMS DigitaJ Video Download Module wi advanced recompression codec
DIMS In-car Digital Video Download Module wI reaper
DIMS Taser-Cam Video Download Module
DIMS Off-site Storage Module CD/DVDlBlu-ray (requires DIMS Writer Module)
DIMS Software Strategic Customer Upgrade Program
Linear DIMS Off-site Storage Module & database
DIMS Off-site storage module includes BD-R drive (SWGlT compliant)
Blu-ray JR IRE 50GB writer internal
#LS-6200XR DIMS Database Case Management Det:oding ImageServer Rackmount 6.0TB
DIMS ImageServer 2U chassis redundant 500W power supplies wi 8 SAT A II bays
DIMS quad.core processor Intel 4GB RAM 500GB OIS
500GB redundant level III paranoia cache
DIMS ImageServer controller module wI LCD
6.0TB RAID 6 wi 64-bit PCl-X SX Processor SATA I1IQ net manager
RAID controller wi write cache battery backup module
2.aTB auto hot spare auto rebuild (6.0TB total drive capacity 4.0TB usable)
DIMS Extended Dynamic Volume Allocation Array Module
64-Bit AID converter DIMS acquisition encryption co-processor
DIMS ImageServer software component
DIMS ImageServer OIS
DIMS RAW Decoder for comparative analysis for DIMS All Camera Module
DIMS multi-user case management database (customized)
DIMS access security controller & Crime Analysis Report Module
DIMS Software wi Linear 64-Bit image encryption authenticationlvalidation module
DIMS Network Browser Module (un]imited user license)
DIMS Software Strategic Customer Upgrade Program
DIMS OIS & custom database backup off-site archive (@ Linear)
Installation @ Linear
*** This unit is upgradeable to S.OTB by adding additional drives & controller
*** This unit requires add-on chassis for upgrade above 8.0TH & does not include UPS
#LS.600XR DIMS real-time on-line archive Redundant Network Storage Solution 6.0TB
DIMS RAID 6 RNSS 2U rack chassis redundant 500W power supplies
RAID controller wI write cache battery backup module
6.OTB RAID 6 RNSS
2.0TH auto hot spare auto rebuild (6.0TH total drive capacity 4.0TB usable)
DIMS Extended Dynamic Volume Allocation Array Modu]e
Installation @Linear
*** This unit does not include UPS
Linear Systems Confidential
EXHIBIT A
7/1612009 1:17PM
Phase Quantity Unit $ Extended $ Total $
$7.687.20
2 $1,995.60 $3,991.20
2 $488.00 $976.00
2 $186.00 $372.00
2 $400.00 $800.00
2 $649.00 $],298.00
2 $125.00 $250.00
$1.990.00
2 $995.00 $1,990.00
2 $0.00 $0.00
2 $0.00 $0.00
0 $995.00 $0.00
0 $550.00 $0.00
0 $995.00 $0.00
0 $995.00 $0.00
0 $120.00 $0.00
0 $250.00 $0.00
2 $0.00 $0.00
Option
0 $2,525.00 $0.00
$31,313.00
$29,063.00 $29,063.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$650.00 $650.00
$] ,600.00 $1,600.00
$15,031.00
$14,031.00 $]4,031.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$1,000.00 $1,000.00
1012
2009-297
Installation, integration, calibration, testing, & QC
Man/days on-site per day including travel Zone #1 (adjust as needed)
Man/days multiple site on-site per day Zone #1 (adjust as needed)
Supervised remote access software support & upgrades (Internet access required)
Administrator training, user training, & advanced training
Man/days on-site training per day wI install including travel Zone #1 (adjust as needed)
Man/days follow-up on-site training per day including travel Zone #1 (adjust as needed)
Follow-up on-line, telephone, or at Linear unlimited at no charge
Depot maintenance & support contract
1 year parts & labor depot service (@ Linear)
5 year software version upgrades & maintenance
5 years telephone technical support hardware & software (normal business hours)
On-site maintenance & support contract Phase I
I year on~site DIMS ImageServer 6.0TB per unit Zone #1
I year on-site DIMS Download Stations per unit Zone #1
I year on-site DIMS RNSS RAID 6.0TB system per unit Zone #1
Linear On-site Rebate Program at 50%
$10,680.00
2 $1,000.00 $2,000.00
0 $800.00 $0.00
] $0.00 $0.00
] $1.000.00 $1.000.00
0 $1,000.00 $0.00
] $0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
] $3,260.00 $3,260.00
4 $400.00 $1,600.00
] $2,820.00 $2,820.00
] $0.00 $0.00
Linear Preferred Customer Sole Source Discount
Subtotal
Sales Tax
Shipping
*** This pricing includes "Sole Source Discount". Ir this purchase requires a RFP, pricing will be higher. ***
*** If RNSS storage option is not purchased, IT Department must supply RAID disc storage equivalent to ImageServer storage. ***
Linear Systems
8403 Maple Place Rancho Cucamonga, CA 91730
909~899-4345
909-899-4346 fax
www.linear-,v.<tenl'.cOnl
Linear Systems Confidential
LINEAR SYSTEMS
LAW ENFORCEMENT
-$- DIVISION
QUoIcdby
Anna Disney
Terms: See Exhibit B for payment terms
$320.00
$59,50J.l5 I
Valid until:
Ship Via: Truck
20i2
2009-297
Exhibit B
Payment Schednle (Milestone Description):
The payment schedule is to be broken down by the following milestones:
I. Contract signature by both parties
10% of total contract value ($5950.00)
2. Delivery, installation and activation of
Hardware at SBPD
Cost ($29,950.00)
3. Activation of system at SBPD when released
for PD testing
-System demonstrates operation of downloads
25% of balance ($5900.28)
4. Completion of training ofPD Administrators
-Upon completion of I day of training
-Demonstration of download proficiency
25% of balance ($5900.29)
5. Cutover and release for PD use
25% of balance ($5900.29)
6. 30 days after cutover with all functionality active
25% of balance ($5900.29)
Total Billed
$59,501.15
DIMS System Enterprise Upgrade
City of San Bernardino
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