HomeMy WebLinkAbout2013-294 RESOLUTION NO. 2013-294
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
3 BERNARDINO AUTHORIZING THE EXECUTION OF VENDOR SERVIC
AGREEMENTS WITH QUICK PC SUPPORT, LLC, FOR 4G WIRELESS HARDWA'
4 INSTALLATION IN POLICE VEHICLES AND VERIZON, INC., FOR WIRELES
NETWORK CONNECTION; AND A PURCHASE ORDER TO DELL, INC., FOR TH
5 PURCHASE OF TWO NETWORK SERVERS
6 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
7 OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The City Manager is hereby authorized to execute on behalf of said City a
9 Vendor Service Agreement between Quick PC Support, LLC, (QPCS), and the City of San
10 Bernardino, a copy of which is attached hereto marked Exhibit"A" and incorporated herein by
11 reference as fully as though set forth at length.
12 SECTION 2. That the City Manager is hereby authorized to execute a Vendor Service
13 Agreement between Verizon, Inc., and the City of San Bernardino, attached hereto marked
14
Exhibit`B".
15
SECTION 3. That the Director of Administrative Services is hereby authorized to
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transfer$331,000 from Asset Forfeiture funds, account number 108-210-0000, and increase the
17
Asset Forfeiture Fiscal Year 2013/2014 expenditure budget, account number 108-210-0082-
18
0000, by $331,000; and to unencumber$63,000 from Purchase Order 2014-00000607 issued to
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20 San Bernardino County.
21 SECTION 4. That the Director of Administrative Services is hereby authorized an.
22 directed to issue a Purchase Order to QPCS in the amount not to exceed $307,800, an annua
23 Purchase Order to Verizon, Inc., in the amount not to exceed $74,100, and a Purchase Order t.
24 Dell, Inc., in the amount not to exceed $12,100. Pursuant to San Bernardino Municipal Cod.
25 3.04.101(b)(3), the Mayor and Common Council approve a selected source justification for this
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2013-294
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO AUTHORIZING THE EXECUTION OF VENDOR SERVIC
2 AGREEMENTS WITH QUICK PC SUPPORT, LLC, FOR 4G WIRELESS HARDWA'
3 INSTALLATION IN POLICE VEHICLES AND VERIZON, INC., FOR WIRELES
NETWORK CONNECTION; AND A PURCHASE ORDER TO DELL, INC., FOR TH
4 PURCHASE OF TWO NETWORK SERVERS.
5 purchase.
6 SECTION 5. The authorization granted hereunder shall expire and be void and of no
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further effect if the Agreements are not executed by all parties and returned to the Office of the
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City Clerk within sixty (60) days following adoption of the Resolution.
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2013-294
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO AUTHORIZING THE EXECUTION OF VENDOR SERVIC
2 AGREEMENTS WITH QUICK PC SUPPORT, LLC, FOR 4G WIRELESS HARDWA'
3 INSTALLATION IN POLICE VEHICLES AND VERIZON, INC., FOR WIRELES
NETWORK CONNECTION; AND A PURCHASE ORDER TO DELL, INC., FOR TH
4 PURCHASE OF TWO NETWORK SERVERS.
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7
Common Council of the City of San Bernardino at a joint regular meeting thereof,
8
held on the 21st day of October , 2013, by the following vote,to wit:
9
COUNCILMEMBERS: AYES NAYS ABSTAIN ABSENT
10
MARQUEZ x
11
JENKINS X
12 VALDIVIA x
13 SHORETT x
14 VACANT
JOHNSON X
15
MC CAMMACK x
16
1 Georg:.{n Hanna,•OP ity Clerk
18 Vt.
The foregoing Resolution is hereby approved this old- of October , 2013.
19
20 P.trick . orris, May•
Cit : :an Bernardino
21 Approved as to form:
22 JAMES . PENMAN,
23 City A i rney
24 By:
25
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2013-294
VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND QPCS LLC FOR HARDWARE AND SOFTWARE INSTALLATION OF
EQUIPMENT FOR VERIZON'S 4G LTE WIRELESS NETWORK SERVICES
This Vendor Service Agreement is entered into this 21st day of October, 2013, by
and between QPCS LLC ("VENDOR") and the City of San
Bernardino ("CITY" or"San Bernardino").
WITNESSETH:
WHEREAS, the City of San Bernardino has determined that it is advantageous and in
the best interest of the CITY to contract for the installation of hardware and software
equipment for Verizon's 4G LTE wireless network services; and
WHEREAS, the CITY is requesting a selected source purchase of the above services
due to VENDOR being Verizon's integrator of the 4G LTE wireless network services.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, CITY hereby engages the services of VENDOR to
provide those products and services as set forth in the VENDOR's "Network Upgrade for
Mobile Data Computers Scope of Work" as set forth in the VENDOR'S "Wireless Mobile
Network Maintenance Agreement" 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$307,756.52 for the initial installation costs
and the first year of maintenance as set forth on Attachment "C", attached hereto
and incorporated herein.
EXHIBIT "A"
2013-294
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 shall
continue thereafter on a yearly basis unless terminated by either party with thirty (30) days
written notice. Except as otherwise provided in an Order Form, this Agreement becomes
effective on the date the Agreement is accepted. VENDOR reserves the right, in its discretion,
to suspend or terminate this Agreement or CITY's password, account, access to or use of to the
GOCity Service if any payment on CITY's account becomes past due by more than 90 days.
Upon termination of this Agreement for any reason, CITY's right to access or use CITY Data
through the GOCity Service immediately ceases. Upon termination of this Agreement,
VENDOR will supply to CITY a file of the CITY Data then in its possession. After a period of
30 days after such termination, VENDOR shall have the right to delete the CITY Data without
obligation to maintain any CITY Data. CITY agrees that the license to CITY Data shall survive
termination of this Agreement to the extent necessary for VENDOR to retain CITY Data as set
forth herein.
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.
4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
2013-294
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claims, actions, losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
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
workers' 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, except as permitted pursuant to Section
12940 of the California Government Code.
2013-294
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 licenses, 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 license, 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:
TO THE CITY: Allen Parker
City Manager
City of San Bernardino
300 North"D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5122
TO THE VENDOR: Mario Campos
President
QPCS LLC
1141 Kansas Ave, Modesto, CA 95351
Telephone: (209) 485-9010
2013-294
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 the
mandatory and not permissive in nature.
2013-294
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.
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.
2013-294
VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND QPCS LLC FOR HARDWARE AND SOFTWARE INSTALLATION OF
EQUIPMENT FOR VERIZON'S 4G LTE WIRELESS NETWORK SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2013 VENDOR
By:
Its:
Dated , 2013 CITY OF SAN BERNARDINO
By:
Allen Parker, City Manager
Approved as to Form:
By: , .,t.. (ku.„.„......
ofJa . 'enman, City Attorney
2013-294
VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND QPCS LLC FOR HARDWARE AND SOFTWARE INSTALLATION OF
EQUIPMENT FOR VERIZON'S 4G LTE WIRELESS NETWORK SERVICES
This Vendor Service Agreement is entered into this 21st day of October, 2013, by
and between QPCS LLC ("VENDOR") and the City of San
Bernardino ("CITY" or"San Bernardino").
WITNESSETH:
WHEREAS, the City of San Bernardino has determined that it is advantageous and in
the best interest of the CITY to contract for the installation of hardware and software
equipment for Verizon's 4G LTE wireless network services; and
WHEREAS, the CITY is requesting a selected source purchase of the above services
due to VENDOR being Verizon's integrator of the 4G LTE wireless network services.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, CITY hereby engages the services of VENDOR to
provide those products and services as set forth in the VENDOR's "Network Upgrade for
Mobile Data Computers Scope of Work" as set forth in the VENDOR'S "Wireless Mobile
Network Maintenance Agreement" 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$307,756.52 for the initial installation costs
and the first year of maintenance as set forth on Attachment "C", attached hereto
and incorporated herein.
EXHIBIT "A"
2013-294
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 shall
continue thereafter on a yearly basis unless terminated by either party with thirty (30) days
written notice. Except as otherwise provided in an Order Form, this Agreement becomes
effective on the date the Agreement is accepted. VENDOR reserves the right, in its discretion,
to suspend or terminate this Agreement or CITY's password, account, access to or use of to the
GOCity Service if any payment on CITY's account becomes past due by more than 90 days.
Upon termination of this Agreement for any reason, CITY's right to access or use CITY Data
through the GOCity Service immediately ceases. Upon termination of this Agreement,
VENDOR will supply to CITY a file of the CITY Data then in its possession. After a period of
30 days after such termination, VENDOR shall have the right to delete the CITY Data without
obligation to maintain any CITY Data. CITY agrees that the license to CITY Data shall survive
termination of this Agreement to the extent necessary for VENDOR to retain CITY Data as set
forth herein.
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.
4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
2013-294
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claims, actions, losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
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
workers' 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, except as permitted pursuant to Section
12940 of the California Government Code.
2013-294
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 licenses, 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 license, 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:
TO THE CITY: Allen Parker
City Manager
City of San Bernardino
300 North"D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5122
TO THE VENDOR: Mario Campos
President
QPCS LLC
1141 Kansas Ave, Modesto, CA 95351
Telephone: (209) 485-9010
2013-294
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 the
mandatory and not permissive in nature.
2013-294
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.
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.
2013-294
VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND QPCS LLC FOR HARDWARE AND SOFTWARE INSTALLATION OF
EQUIPMENT FOR VERIZON'S 4G LTE WIRELESS NETWORK SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: 'I 1/ , 2013 VENDOR
By: i:I%f
Its: lac. ,er a o ays'�' T/
Dated . -3 , 2013 CITY OF SAN BERNARDINO
By:
I Parker, City Manager
Approved as to Form:
4 kt...-„,_
By: , .,tom
J . 'enman, City Attorney
a y
2013-294
TECHNICAL SUPPORT ACRLEMENT SCOPE OF WORK
EXHIBIT A: STATEMENT OF WORK
TABLE OF CONTENTS
Preamble
1.0 Scope of Work
2.0 Support Contract Terms
3.0 Price and Payment
PREAMBLE
This Statement of Work accompanies an Agreement that has been executed by the
parties. All statements of fact contained in this Statement of Work are subject to the terms
and conditions set forth in such Agreement. The terms and conditions set forth in the
Agreement control in the event of any inconsistency between such terms and conditions
and the matters set forth in this Statement of Work.
1.0 - Scope of Work
1.1 -Network Troubleshooting This service includes Middleware Server
Troubleshooting and Diagnostics as well as Support for the Windows 2008 Server
hosting the NetMotion Communication Software.
1.2 -Update Management: Manage High Priority updates from NetMotion as well as
Microsoft.
1.3 -NetMotion Extended Support Agreement: Includes Extended Yearly Support
Agreement with NetMotion Corporation. This extended support agreement provides
access to NetMotion Tier 1 Technical Support for 24/7 assistance.
1.4 -Router Management: Diagnostics and Support of the Cisco Router which connects
the San Bernardino Police Department with an Verizon MPLS cloud based system. The
support includes updates to the IOS Firmware as updates are made available by Cisco
Corporation.
1.5 -Vendor Communication: Handle communication with Support Vendors such as
NetMotion, Verizon,NewWorld, etc. We take an active role in communicating and
dealing with third party vendors, always seeking a prompt resolution.
1.6 -On-Site Support Services: on-site services are included during the integration, and
30 days after final acceptance of the project.
1.7 -Proactive Monitoring Service: Monitoring and support of the Sierra Wireless
Modems installed in each police vehicle. Our group will use AVMS, to remotely monitor
the health and performance of each Modem.
2013-294
TECHNICAL SUPPORT'AGREEMENT SCOPE OF WORK
1.8 -Needs Assessment: Custom support regarding hardware or software purchases to
accomplish specific tasks or business goals.
1.9 -Network Security: Installation of hardware and/or software to provide reasonable
network security and virus protection. Note: network security and virus protection
services are provided on a best-effort basis and are not guaranteed to prevent network
intrusions or virus attacks.
2.0 - Support Contract Terms
2.1 -Response Time: QPCS support plan includes a 4-hour Phone/Remote response
time. First line response will include remote access to servers, modems, MDCs, in order
to mitigate down time. AVMS Server software will be implemented in order to remotely
monitor and troubleshoot Sierra Wireless modems.
2.2 -Replacement Parts: The support proposal reflects QPCS maintaining two Sierra
Wireless modems on-shelf, stored at the Modesto facility in a cold-standby mode. QPCS
will provide temporary loaner equipment in the event that any critical network
component fails as part of this contract agreement. The loaner equipment will include a
Dell PowerEdge server pre-configured with NetMotion software, Cisco MPLS router,
Cisco T-1 WIC card, GPS and Cellular Antennas.
2.3-Scheduled Maintenance:To guarantee optimal performance of the Wireless Mobile
System,QPCS may perform routine maintenance on its servers on a regular basis. Such
maintenance infrequently requires taking the servers offline. QPCS reserves one hour of
unavailability per month for maintenance purposes,although our group may not take the
system offline for the full hour, or at all,in any given month. QPCS will provide the San
Bernardino Police Dept with advance notice of maintenance whenever possible.
2.4-System Upgrades: QPCS may"update"the equipment with advanced notice to San
Bernardino Police Dept for the purpose of correcting bugs or problems with the Wireless
Mobile System.QPCS will work with San Bernardino Police Dept's IT Department to assure
the changes are understood and functioning correctly.
2.5-Penalty for non-compliance: QPCS observes the following schedule of penalties for its
failure to comply with this Service Level Agreement. Upon your notice to QPCS if
availability of the NetMotion Server for the month is below the guaranteed level,QPCS will
refund San Bernardino Police Dept according to the schedule below,a portion of the annual
Support Contract Fee,prorated for the month during which such loss of server availability
occurred.
Server availability 95.0%-99.5% - 5%of monthly part of annual fee credited
Server availability 90.0%-94.9% - 15%of monthly part of annual fee credited
Server availability 85.0%-89.9% -25%of monthly part of annual fee credited
Server availability 84.9%or below -35%of monthly part of annual fee credited
2013-294
TECHNICAL SUPPORT AGREEMENT SCOPE OF WORK
To receive the refund, San Bernardino Police Dept must specifically request it during the
month following the month for which the refund is requested,or during the month of the
outage itself. San Bernardino Police Dept must provide all dates and times of server
unavailability.This information must be submitted via email to contacFii gpcs.net or in
writing to QPCS LLC, 1141 Kansas Avenue,Modesto CA 95351.
QPCS will compare information provided by San Bernardino Police Dept to the server logs.A
refund is issued if the unavailability warranting the refund is confirmed.Maximum Total
Penalty for any given instance may not exceed 35%of the monthly fees charged during the
month for which the refund is to be issued.
3.0-Price and Payment
Contractor is being hired on a fixed-price basis to perform the Services and provide the
Services described above.Any material change in the Services or Deliverables described
above requires a written change order signed by the parties to the Agreement. Such change
order may include an adjustment to the price or delivery dates.The fixed Yearly Price for this
Statement of Work is$13,200 per year.
3.1 —Invoices: Services will be invoiced yearly.
3.2—Payment: Payment is due thirty (30)days after date of invoice. Customer may not
withhold any amounts due hereunder and Contractor reserves the right to cease work
without prejudice if amounts are not paid when due. Any late payment will be subject to
any costs of collection(including reasonable legal fees) and will bear interest at the rate
of one (1) percent per month or fraction thereof until paid.
2013-294
NETWORK UPGRADE FOR MOBILE DATA COMPUTERS SCOPE OF WORK
Network Upgrade for Mobile Data Computers
Scope of Work
1.SCOPE OF WORK
This document, known as the SOW, describes the deliverables to be furnished to the San
Bernardino Police Department, and the tasks to be performed by QPCS LLC (QPCS), its
subcontractors, and the San Bernardino Police Department to implement a network infrastructure
upgrade for the mobile data computers in the patrol cars.
2.GENERAL REQUIREMENTS
QPCS will provide System Integration services to the San Bernardino Police Department related
to the implementation of a network infrastructure upgrade for the mobile data computers
(MDCs) in the patrol cars. QPCS will perform the work and tasks required to install, test,
optimize, and integrate the different components of the network infrastructure: modems, servers,
middleware.
2.1 PROJECT MANAGEMENT
The Project Manager at QPCS has complete responsibility for the successful implementation of
the contractual obligations. This individual is fully responsible for the compliant execution of the
Contract, and has due authority and responsibility over all resources required for such execution.
This individual will provide status reports, coordinate and attend internal and external meetings;
request, gather, and format reports from subordinates, and present status reports and information
to the San Bernardino Police Department.
1
2013-294
NETWORK UPGRADE FOR MOBILE DATA COMPUTERS SCOPE OF WORK
3. SCOPE OF WORK
3.1 SYSTEM STAGING
QPCS will factory stage all hardware components involved in the network infrastructure upgrade
for the MDCs in the patrol cars. Such components include Sierra Wireless GX440 modems, GPS
configuration, SIM installations, Antennas,Network Servers(NetMotion Server) and Routers.
Factory staging of the equipment allows for the pre-assembly of the system to verify
connectivity, functionality and performance capabilities; and to identify and eliminate equipment
and system defects prior to on-site installation of the equipment.The staging of the equipment
will take place at QPCS' headquarters located in Modesto, CA.
The following list outlines some of the tasks addressed during the staging process:
• Install the customer's SIM on each Sierra Wireless GX440 Modems.
• Configure Sierra Wireless Modems with custom settings containing APN from Verizon's
Network &MPLS configuration, along with password settings for AceWeb setup
• Setup GPS configurations to support both Remote GPS Positioning for the CAD/RMS AVL
Software as well as Local GPS information provided to the in-vehicle software applications.
• Configure TCP/IP Network Settings and static IP Addressing on each Sierra Wireless
modem.
• Setup and configure RADIUS Authentication against Verizon's Data Center and configure
modem specific RADIUS usernames provided by Verizon.
• Complete testing of each Sierra Wireless Modem and connectivity to CAD/RMS system.
• Over the air testing to the Internet is subject to San Bernardino Police Department Firewall
Settings allowing that access.
• Configure the GPS settings on the Sierra Wireless modem per system requirements defined
by CAD/RMS software system.
• Coordinate modem configuration requirements with CAD/RMS vendor Staff such as:
o Data Transfer Speed of GPS information (between 4800-115,200)
o Transfer format(NMEA/TAIP, etc)
o TCP/IP Network Translation required by CAD/RMS Servers to perform data
communication.
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NETWORK UPGRADE FOR MOBILE DATA COMPUTERS SCOPE OF WORK
3.2 ONSITE INSTALLATION OF SYSTEM HARDWARE
QPCS will perform on-site installation of all system hardware, load all equipment software,and
program subscriber equipment using NetMotion programming guidelines. Physical set up and
location of hardware will comply with the San Bernardino Police Department equipment layout
plans.
During this phase of the project, all new Client software packages will be installed, along with
the required SSL Certificates and system profile settings.
The following list outlines the items addressed during the onsite installation process:
• In-vehicle setup and configuration of MDC Units with Sierra Wireless Modems.
• Setup and configure new NetMotion Client Application.
• Ensure successful replacement of NDIS Windows Driver with the custom Virtual Adapter.
• Configure SSL Certificates generated by the NetMotion Server software
• Deploy the NetMotion MobilityXE and GPS Installation packages on each MDC unit.
• Generate system profiles using NetMotion Migration toolset and authorize machine
information on the NetMotion Server
• Configure NetMotion Custom Virtual Adapter information on the MDC computer as it
relates to the throughput requirements defined by the Sierra Wireless modem setup.
• Transfer final NetMotion Certificates to MDC machine once authorized by the NetMotion
Server
• Create and modify custom routing tables on the MDC computer to work with the new
NetMotion Custom Virtual Adapter
• Configure Input and Output ports according to the mobile GPS hardware in place and
mapping application specifications.
• Setup and configure related settings pertaining to the NetMotion Server Software and
Network Access Policies defined by the CAD/RMS software system.
• Assist the Agency's IT Department with configuration settings necessary to ensure
successful communication to the CAD/RMS System and CLETS
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NETWORK UPGRADE FOR MOBILE DATA COMPUTERS SCOPE OF WORK
3.3 INSTALLATION OF NETMOTION SERVER AND NETWORK SETUP
QPCS will coordinate the installation and configuration of the Windows 2008 Server hosting the
NetMotion MobilityXE Server software. Custom Virtual Adapters will be configured following
guidelines predefined by NetMotion Staff,as it relates to the LTE/EVDO Verizon
implementation. QPCS will identify and coordinate network routing changes necessary for
NetMotion Virtual Adapters to carry out data communication with NetMotion Server and the
CAD/RMS Server.
During this phase of the project, new SSL Certificates will be generated based on the machine
identification profiles that ultimately authorize each MDC to communicate to the CAD/RMS
Server over the Verizon's EVDO network. QPCS will assist with the configuration of the AAA
(Triple A) RADIUS Authentication server.
The following list outlines the items addressed during the installation of the NetMotion Server:
• Setup and configure NetMotion Server, complete configuration of software settings.
• Complete configuration of Server Hardware and Software.This may include any Microsoft
Windows related configuration necessary to accommodate for the installation of NetMotion.
• Configuration of RADIUS Authentication with Verizon's Data Center -accounts provided
by Verizon Support Team
• Configure AAA (Triple A) RADIUS Server settings on Windows 2008 Server using the
ENTRUST IndentityGuard Authentication System(Internet Authentication Service)
• Create Virtual Adapters in NetMotion, which are specific to the Sierra Wireless Modem
Implementation
• Configure NetMotion TCP/IP Packet Inspection Policies used to filter network traffic to the
MDC units.
• Test all Custom Virtual Adapters in NetMotion to ensure proper network throughput as it
relates to Verizon's EVDO Implementation.
• Assist the Agency's IT Department with routing changes necessary to accommodate for the
Custom Virtual Adapters used by NetMotion Software.
• Configure DHCP Scopes used by the NetMotion MDC Clients to obtain IP Addresses
dedicated to the NetMotion Implementation.
• Assist with configuration of Internet Proxy policies based on IP Addressing used by MDC
Clients
• Coordinate configuration changes required by CAD/RMS System to communicate over the
new High Speed connection, while maintaining backward compatibility with existing system.
• Ensure successful deployment of all MDC Units with the NetMotion Client Software
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NETWORK UPGRADE FOR MOBILE DATA COMPUTERS SCOPE OF WORK
3.4 IN-VEHICLE INSTALLATION OF HARDWARE
The in-vehicle portion of the project will consist of mounting two antennas on the roof of the
vehicle. One antenna will be for diversity functionality with standard NMO connector and the
second will be a GPS-cellular Combo Antenna, which also includes Wi-Fi transceiver. Antennas
are to be spaced eighteen inches minimum from the light bar and from each other,to achieve
optimal performance.
The equipment installed inside the vehicle will follow guidelines related to ergonomics and
officer safety in case of emergencies.
The GX440 modem will be located in the trunk of the vehicle. It will be configured to follow a
Stand-By mechanism, which will be timed to a desired setting to be determined at time of
installation.
3.5 END-USER TRAINING
Informal knowledge transfer will be provided through-out the project. Informal knowledge
transfer is defined as the Agency's IT staff working alongside QPCS staff during system
installation and configuration.
Formal "Hands-On" training will be provided for the following technical areas:
• Sierra Wireless GX440 modem troubleshooting and hardware configuration
• Basic troubleshooting of Cellular signals, antennas, GPS signal, etc.
• Configuration and troubleshooting of Sierra Wireless AceWeb utility
• Remote troubleshooting of Sierra Wireless modems
• Basic configuration of NetMotion System including the creation of new Client Nodes,
Demoting Client Nodes, Client Node Communication Assessment
• Basic troubleshooting ofNetMotion MobilityXE software application such as
connectivity to the MDC, routing data through the MobilityXE Pipes, etc.
• Two Factor Authentication configuration and issuing new IndentityGuard FOBs to
officers, as well as deactivating lost FOBs
• Basic troubleshooting of the Verizon network connection such as testing connectivity,
identifying issues with routing tables, MPLS basic troubleshooting, etc.
Technical Documentation and Network Diagrams will be provided at the completion of this
project,and will serve as the foundation for the end-user training session.
QPCS will also provide the San Bernardino Police Department with a set of"Magnetic Mount"
antennas for Cellular and GPS,to be used by IT staff during the basic troubleshooting of the
MDC, Modems and vehicle communication. This Antenna Kit will be kept onsite by IT
personnel, and will be used during the troubleshooting process of the system.
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NETWORK UPGRADE FOR MOBILE DATA COMPUTERS SCOPE OF WORK
3.6 CLETS APPLICATION
QPCS will assist the San Bernardino Police Department in preparing the CLETS application to
be submitted to the Department of Justice (DOJ). DOJ will be responsible for reviewing the
application and approving the use of CLETS traffic data in the police vehicles via the new
Mobility Project.
It is the responsibility of the San Bernardino Police Department to obtain the CLETS application
forms through the CJIS website link, which is only accessible by Public Safety agencies and not
private contractors. Once the blank forms are obtained,they will be shared with QPCS personnel
so that they can be completed with all technical information needed for approval.
San Bernardino Police Department will be responsible for the final submission of the CLETS
application. It is important to note that CLETS traffic over-the-air will not be allowed until DOJ
approves the CLETS application; therefore it is imperative that this application is completed and
submitted in a timely manner.
4.QPCS STATUS REPORTS
The QPCS Project Manager will be responsible for delivering status reports to the San
Bernardino Police Department Project Director and IT Staff.
5.PROJECT SCHEDULE
QPCS will provide a Gantt chart as part of the project initiation, which will identify the projected
timeline and responsibilities for completing the required tasks to successfully implement the
network infrastructure upgrade to the MDCs. All days referenced are working days.
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NETWORK UPGRADE FOR MOBILE DATA COMPUTERS SCOPE OF WORK
6.FINAL SYSTEM ACCEPTANCE MEETING
QPCS will conduct an acceptance meeting at the completion of the project to verify with the San
Bernardino Police Department that all contract deliverables have been satisfied and also to
review a System Support Plan if necessary.
This meeting will allow the San Bernardino Police Department to have an opportunity to discuss
any final issues or address any questions associated with the completion of the overall Project
prior acceptance. Reviewing a System Support Plan will provide the opportunity for the San
Bernardino Police Department to review the level of support available, the procedures that need
to be followed, and the support contact information should questions or concerns arise.
7. CONCLUSION
Our team at QPCS thanks you for taking the time to work with us and determine your
technological needs and implementation priorities. Our group will be available to start work on
this project as soon as possible.
The following list outlines some of our certifications that are relevant to this project:
• Microsoft Certified Solution Partner
• Microsoft Certified Systems Engineering(MCSE) program
• Sierra Wireless Certified Integrator and Support Center
• Sierra Wireless Certified Vehicle Installer
• Panasonic Toughbook TP3 Certified integrator
• Panasonic Toughbook Vehicle Installer Certification
• NetMotion Partner and Solution Integrator
• Cisco Certified Partner
• CompTIA Network+ Certification
• DOJ LiveScan for all employees involved in this project
QPCS has a great deal of experience implementing and successfully completing projects of this
magnitude, and we feel confident that the objectives of this proposal can be met, both at the
lowest cost to our customer and in a timely fashion.
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NETWORK UPGRADE FOR MOBILE DATA COMPUTERS SCOPE OF WORK
8. SIGNATURE PAGE-SCOPE OF WORK ACCEPTANCE
San Bernardino Police Department
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CL CHNIC'AL SUPPORT AGREEiNIEN'(' SCOPE OF WORK
EXHIBIT A: STATEMENT OF WORK
TABLE OF CONTENTS
Preamble
1.0 Scope of Work
2.0 Support Contract Terms
3.0 Price and Payment
PREAMBLE
This Statement of Work accompanies an Agreement that has been executed by the
parties. All statements of fact contained in this Statement of Work are subject to the terms
and conditions set forth in such Agreement. The terms and conditions set forth in the
Agreement control in the event of any inconsistency between such terms and conditions
and the matters set forth in this Statement of Work.
1.0 - Scope of Work
1.1 -Network Troubleshooting This service includes Middleware Server
Troubleshooting and Diagnostics as well as Support for the Windows 2008 Server
hosting the NetMotion Communication Software.
1.2 -Update Management: Manage High Priority updates from NetMotion as well as
Microsoft.
1.3 -NetMotion Extended Support Agreement: Includes Extended Yearly Support
Agreement with NetMotion Corporation.This extended support agreement provides
access to NetMotion Tier 1 Technical Support for 24/7 assistance.
1.4 -Router Management: Diagnostics and Support of the Cisco Router which connects
the San Bernardino Police Department with an Verizon MPLS cloud based system. The
support includes updates to the IOS Firmware as updates are made available by Cisco
Corporation.
1.5 -Vendor Communication: Handle communication with Support Vendors such as
NetMotion, Verizon,NewWorld, etc. We take an active role in communicating and
dealing with third party vendors, always seeking a prompt resolution.
1.6 -On-Site Support Services: on-site services are included during the integration, and
30 days after final acceptance of the project.
1.7 -Proactive Monitoring Service: Monitoring and support of the Sierra Wireless
Modems installed in each police vehicle. Our group will use AVMS,to remotely monitor
the health and performance of each Modem.
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CECHNICAL SUPPORT`AGREE■ EN t` SCOPE OF WORK,
1.8 -Needs Assessment: Custom support regarding hardware or software purchases to
accomplish specific tasks or business goals.
1.9 -Network Security: Installation of hardware and/or software to provide reasonable
network security and virus protection. Note: network security and virus protection
services are provided on a best-effort basis and are not guaranteed to prevent network
intrusions or virus attacks.
2.0 -Support Contract Terms
2.1 -Response Time: QPCS support plan includes a 4-hour Phone/Remote response
time. First line response will include remote access to servers, modems, MDCs, in order
to mitigate down time. AVMS Server software will be implemented in order to remotely
monitor and troubleshoot Sierra Wireless modems.
2.2 -Replacement Parts: The support proposal reflects QPCS maintaining two Sierra
Wireless modems on-shelf, stored at the Modesto facility in a cold-standby mode. QPCS
will provide temporary loaner equipment in the event that any critical network
component fails as part of this contract agreement. The loaner equipment will include a
Dell PowerEdge server pre-configured with NetMotion software, Cisco MPLS router,
Cisco T-1 WIC card, GPS and Cellular Antennas.
2.3-Scheduled Maintenance:To guarantee optimal performance of the Wireless Mobile
System,QPCS may perform routine maintenance on its servers on a regular basis. Such
maintenance infrequently requires taking the servers offline. QPCS reserves one hour of
unavailability per month for maintenance purposes,although our group may not take the
system offline for the full hour,or at all, in any given month. QPCS will provide the San
Bernardino Police Dept with advance notice of maintenance whenever possible.
2.4-System Upgrades: QPCS may"update"the equipment with advanced notice to San
Bernardino Police Dept for the purpose of correcting bugs or problems with the Wireless
Mobile System.QPCS will work with San Bernardino Police Dept's IT Department to assure
the changes are understood and functioning correctly.
2.5-Penalty for non-compliance: QPCS observes the following schedule of penalties for its
failure to comply with this Service Level Agreement.Upon your notice to QPCS if
availability of the NetMotion Server for the month is below the guaranteed level,QPCS will
refund San Bernardino Police Dept according to the schedule below,a portion of the annual
Support Contract Fee,prorated for the month during which such loss of server availability
occurred.
Server availability 95.0%-99.5% - 5%of monthly part of annual fee credited
Server availability 90.0%-94.9% - 15%of monthly part of annual fee credited
Server availability 85.0%-89.9% -25%of monthly part of annual fee credited
Server availability 84.9%or below -35%of monthly part of annual fee credited
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TECHNICAL StJPPOR I AGREEMENT' SCOPE OF WORK
To receive the refund, San Bernardino Police Dept must specifically request it during the
month following the month for which the refund is requested,or during the month of the
outage itself. San Bernardino Police Dept must provide all dates and times of server
unavailability.This information must be submitted via email to contact'a gpcs.net or in
writing to QPCS LLC, 1141 Kansas Avenue, Modesto CA 95351.
QPCS will compare information provided by San Bernardino Police Dept to the server logs.A
refund is issued if the unavailability warranting the refund is confirmed. Maximum Total
Penalty for any given instance may not exceed 35%of the monthly fees charged during the
month for which the refund is to be issued.
3.0-Price and Payment
Contractor is being hired on a fixed-price basis to perform the Services and provide the
Services described above.Any material change in the Services or Deliverables described
above requires a written change order signed by the parties to the Agreement. Such change
order may include an adjustment to the price or delivery dates.The fixed Yearly Price for this
Statement of Work is$13,200 per year.
3.1 —Invoices: Services will be invoiced yearly.
3.2—Payment: Payment is due thirty (30) days after date of invoice. Customer may not
withhold any amounts due hereunder and Contractor reserves the right to cease work
without prejudice if amounts are not paid when due. Any late payment will be subject to
any costs of collection(including reasonable legal fees) and will bear interest at the rate
of one (1) percent per month or fraction thereof until paid.
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NETWORK UPGRADE FOR MOBILE DATA COMPUTERS SCOPE OF WORK
Network Upgrade for Mobile Data Computers
Scope of Work
1.SCOPE OF WORK
This document, known as the SOW, describes the deliverables to be furnished to the San
Bernardino Police Department, and the tasks to be performed by QPCS LLC (QPCS), its
subcontractors, and the San Bernardino Police Department to implement a network infrastructure
upgrade for the mobile data computers in the patrol cars.
2.GENERAL REQUIREMENTS
QPCS will provide System Integration services to the San Bernardino Police Department related
to the implementation of a network infrastructure upgrade for the mobile data computers
(MDCs) in the patrol cars. QPCS will perform the work and tasks required to install, test,
optimize, and integrate the different components of the network infrastructure: modems, servers,
middleware.
2.1 PROJECT MANAGEMENT
The Project Manager at QPCS has complete responsibility for the successful implementation of
the contractual obligations. This individual is fully responsible for the compliant execution of the
Contract, and has due authority and responsibility over all resources required for such execution.
This individual will provide status reports, coordinate and attend internal and external meetings;
request, gather, and format reports from subordinates, and present status reports and information
to the San Bernardino Police Department.
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NETWORK UPGRADE FOR MOBILE DATA COMPUTERS SCOPE OF WORK
3.SCOPE OF WORK
3.1 SYSTEM STAGING
QPCS will factory stage all hardware components involved in the network infrastructure upgrade
for the MDCs in the patrol cars. Such components include Sierra Wireless GX440 modems,GPS
configuration, SIM installations, Antennas,Network Servers(NetMotion Server) and Routers.
Factory staging of the equipment allows for the pre-assembly of the system to verify
connectivity, functionality and performance capabilities; and to identify and eliminate equipment
and system defects prior to on-site installation of the equipment.The staging of the equipment
will take place at QPCS' headquarters located in Modesto, CA.
The following list outlines some of the tasks addressed during the staging process:
• Install the customer's SIM on each Sierra Wireless GX440 Modems.
• Configure Sierra Wireless Modems with custom settings containing APN from Verizon's
Network &MPLS configuration, along with password settings for AceWeb setup
• Setup GPS configurations to support both Remote GPS Positioning for the CAD/RMS AVL
Software as well as Local GPS information provided to the in-vehicle software applications.
• Configure TCP/IP Network Settings and static IP Addressing on each Sierra Wireless
modem.
• Setup and configure RADIUS Authentication against Verizon's Data Center and configure
modem specific RADIUS usernames provided by Verizon.
• Complete testing of each Sierra Wireless Modem and connectivity to CAD/RMS system.
• Over the air testing to the Internet is subject to San Bernardino Police Department Firewall
Settings allowing that access.
• Configure the GPS settings on the Sierra Wireless modem per system requirements defined
by CAD/RMS software system.
• Coordinate modem configuration requirements with CAD/RMS vendor Staff such as:
o Data Transfer Speed of GPS information (between 4800-115,200)
o Transfer format(NMEA/TAIP, etc)
o TCP/IP Network Translation required by CAD/RMS Servers to perform data
communication.
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NETWORK UPGRADE FOR MOBILE DATA COMPUTERS SCOPE OF WORK
3.2 ONSITE INSTALLATION OF SYSTEM HARDWARE
QPCS will perform on-site installation of all system hardware, load all equipment software, and
program subscriber equipment using NetMotion programming guidelines. Physical set up and
location of hardware will comply with the San Bernardino Police Department equipment layout
plans.
During this phase of the project, all new Client software packages will be installed, along with
the required SSL Certificates and system profile settings.
The following list outlines the items addressed during the onsite installation process:
• In-vehicle setup and configuration of MDC Units with Sierra Wireless Modems.
• Setup and configure new NetMotion Client Application.
• Ensure successful replacement ofNDIS Windows Driver with the custom Virtual Adapter.
• Configure SSL Certificates generated by the NetMotion Server software
• Deploy the NetMotion MobilityXE and GPS Installation packages on each MDC unit.
• Generate system profiles using NetMotion Migration toolset and authorize machine
information on the NetMotion Server
• Configure NetMotion Custom Virtual Adapter information on the MDC computer as it
relates to the throughput requirements defined by the Sierra Wireless modem setup.
• Transfer final NetMotion Certificates to MDC machine once authorized by the NetMotion
Server
• Create and modify custom routing tables on the MDC computer to work with the new
NetMotion Custom Virtual Adapter
• Configure Input and Output ports according to the mobile GPS hardware in place and
mapping application specifications.
• Setup and configure related settings pertaining to the NetMotion Server Software and
Network Access Policies defined by the CAD/RMS software system.
• Assist the Agency's IT Department with configuration settings necessary to ensure
successful communication to the CAD/RMS System and CLETS
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NETWORK UPGRADE FOR MOBILE DATA COMPUTERS SCOPE OF WORK
33 INSTALLATION OF NETMOTION SERVER AND NETWORK SETUP
QPCS will coordinate the installation and configuration of the Windows 2008 Server hosting the
NetMotion MobilityXE Server software. Custom Virtual Adapters will be configured following
guidelines predefined by NetMotion Staff,as it relates to the LTE/EVDO Verizon
implementation. QPCS will identify and coordinate network routing changes necessary for
NetMotion Virtual Adapters to carry out data communication with NetMotion Server and the
CAD/RMS Server.
During this phase of the project, new SSL Certificates will be generated based on the machine
identification profiles that ultimately authorize each MDC to communicate to the CAD/RMS
Server over the Verizon's EVDO network. QPCS will assist with the configuration of the AAA
(Triple A) RADIUS Authentication server.
The following list outlines the items addressed during the installation of the NetMotion Server:
• Setup and configure NetMotion Server, complete configuration of software settings.
• Complete configuration of Server Hardware and Software. This may include any Microsoft
Windows related configuration necessary to accommodate for the installation of NetMotion.
• Configuration of RADIUS Authentication with Verizon's Data Center -accounts provided
by Verizon Support Team
• Configure AAA (Triple A) RADIUS Server settings on Windows 2008 Server using the
ENTRUST IndentityGuard Authentication System(Internet Authentication Service)
• Create Virtual Adapters in NetMotion, which are specific to the Sierra Wireless Modem
Implementation
• Configure NetMotion TCP/IP Packet Inspection Policies used to filter network traffic to the
MDC units.
• Test all Custom Virtual Adapters in NetMotion to ensure proper network throughput as it
relates to Verizon's EVDO Implementation.
• Assist the Agency's IT Department with routing changes necessary to accommodate for the
Custom Virtual Adapters used by NetMotion Software.
• Configure DHCP Scopes used by the NetMotion MDC Clients to obtain IP Addresses
dedicated to the NetMotion Implementation.
• Assist with configuration of Internet Proxy policies based on IP Addressing used by MDC
Clients
• Coordinate configuration changes required by CAD/RMS System to communicate over the
new High Speed connection, while maintaining backward compatibility with existing system.
• Ensure successful deployment of all MDC Units with the NetMotion Client Software
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NETWORK UPGRADE FOR MOBILE DATA COMPUTERS SCOPE OF WORK
3.4 IN-VEHICLE INSTALLATION OF HARDWARE
The in-vehicle portion of the project will consist of mounting two antennas on the roof of the
vehicle. One antenna will be for diversity functionality with standard NMO connector and the
second will be a GPS-cellular Combo Antenna, which also includes Wi-Fi transceiver. Antennas
are to be spaced eighteen inches minimum from the light bar and from each other,to achieve
optimal performance.
The equipment installed inside the vehicle will follow guidelines related to ergonomics and
officer safety in case of emergencies.
The GX440 modem will be located in the trunk of the vehicle. It will be configured to follow a
Stand-By mechanism, which will be timed to a desired setting to be determined at time of
installation.
3.5 END-USER TRAINING
Informal knowledge transfer will be provided through-out the project. Informal knowledge
transfer is defined as the Agency's IT staff working alongside QPCS staff during system
installation and configuration.
Formal "Hands-On" training will be provided for the following technical areas:
• Sierra Wireless GX440 modem troubleshooting and hardware configuration
• Basic troubleshooting of Cellular signals,antennas, GPS signal, etc.
• Configuration and troubleshooting of Sierra Wireless AceWeb utility
• Remote troubleshooting of Sierra Wireless modems
• Basic configuration ofNetMotion System including the creation of new Client Nodes,
Demoting Client Nodes, Client Node Communication Assessment
• Basic troubleshooting ofNetMotion MobilityXE software application such as
connectivity to the MDC, routing data through the MobilityXE Pipes, etc.
• Two Factor Authentication configuration and issuing new IndentityGuard FOBs to
officers, as well as deactivating lost FOBs
• Basic troubleshooting of the Verizon network connection such as testing connectivity,
identifying issues with routing tables, MPLS basic troubleshooting, etc.
Technical Documentation and Network Diagrams will be provided at the completion of this
project,and will serve as the foundation for the end-user training session.
QPCS will also provide the San Bernardino Police Department with a set of"Magnetic Mount"
antennas for Cellular and GPS,to be used by IT staff during the basic troubleshooting of the
MDC, Modems and vehicle communication. This Antenna Kit will be kept onsite by IT
personnel,and will be used during the troubleshooting process of the system.
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NETWORK UPGRADE FOR MOBILE DATA COMPUTERS SCOPE OF WORK
3.6 CLETS APPLICATION
QPCS will assist the San Bernardino Police Department in preparing the CLETS application to
be submitted to the Department of Justice (DOJ). DOJ will be responsible for reviewing the
application and approving the use of CLETS traffic data in the police vehicles via the new
Mobility Project.
It is the responsibility of the San Bernardino Police Department to obtain the CLETS application
forms through the CJIS website link, which is only accessible by Public Safety agencies and not
private contractors. Once the blank forms are obtained,they will be shared with QPCS personnel
so that they can be completed with all technical information needed for approval.
San Bernardino Police Department will be responsible for the final submission of the CLETS
application. It is important to note that CLETS traffic over-the-air will not be allowed until DOJ
approves the CLETS application; therefore it is imperative that this application is completed and
submitted in a timely manner.
4.QPCS STATUS REPORTS
The QPCS Project Manager will be responsible for delivering status reports to the San
Bernardino Police Department Project Director and IT Staff.
5.PROJECT SCHEDULE
QPCS will provide a Gantt chart as part of the project initiation, which will identify the projected
timeline and responsibilities for completing the required tasks to successfully implement the
network infrastructure upgrade to the MDCs. All days referenced are working days.
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NETWORK UPGRADE FOR MOBILE DATA COMPUTERS SCOPE OF WORK
6.FINAL SYSTEM ACCEPTANCE MEETING
QPCS will conduct an acceptance meeting at the completion of the project to verify with the San
Bernardino Police Department that all contract deliverables have been satisfied and also to
review a System Support Plan if necessary.
This meeting will allow the San Bernardino Police Department to have an opportunity to discuss
any final issues or address any questions associated with the completion of the overall Project
prior acceptance. Reviewing a System Support Plan will provide the opportunity for the San
Bernardino Police Department to review the level of support available, the procedures that need
to be followed, and the support contact information should questions or concerns arise.
7. CONCLUSION
Our team at QPCS thanks you for taking the time to work with us and determine your
technological needs and implementation priorities. Our group will be available to start work on
this project as soon as possible.
The following list outlines some of our certifications that are relevant to this project:
• Microsoft Certified Solution Partner
• Microsoft Certified Systems Engineering(MCSE) program
• Sierra Wireless Certified Integrator and Support Center
• Sierra Wireless Certified Vehicle Installer
• Panasonic Toughbook TP3 Certified integrator
• Panasonic Toughbook Vehicle Installer Certification
• NetMotion Partner and Solution Integrator
• Cisco Certified Partner
• CompTIA Network+ Certification
• DOJ LiveScan for all employees involved in this project
QPCS has a great deal of experience implementing and successfully completing projects of this
magnitude,and we feel confident that the objectives of this proposal can be met, both at the
lowest cost to our customer and in a timely fashion.
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NETWORK UPGRADE FOR MOBILE DATA COMPUTERS SCOPE OF WORK
8. SIGNATURE PAGE —SCOPE OF WORK ACCEPTANCE
San Bernardino Police Department
Name (Print): Title:
Signature: Date:
QPCS LLC
Name (Print): Title:
Signature: Date:
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VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND VERIZON, INC.,FOR THE INSTALLATION OF VERIZON'S 4G LTE
WIRELESS NETWORK SERVICES
This Vendor Service Agreement is entered into this day of October, 2013, by and
between Verizon, Inc., ("VENDOR"), and the City of San
Bernardino ("CITY" or"San Bernardino").
WITNESSETH:
WHEREAS, the City of San Bernardino has determined that it is advantageous and in
the best interest of the CITY to contract for the installation for Verizon's 4G LTE wireless
network services; and
WHEREAS, the CITY is requesting a selected source purchase of the above services
due to Verizon having more 4G LTE coverage than any other competitors that offer 4G LTE
services.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, CITY hereby engages the services of VENDOR to
provide those products and services as set forth in the "MASTER SERVICE AGREEMENT
FOR SERVICES OF INDEPENDENT CONTRACTOR (Contract #1907) 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 a non-recurring charge of $1,578.67 and a monthly recurring
charge of $3,211.51 for Manage Private Network services as set forth on
EXHIBIT "B"
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Attachment "E" and $43.70 per device per month for wireless services as set forth
on Attachment "F," 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 shall
continue thereafter on a yearly basis unless terminated by either party with thirty (30) days
written notice. Except as otherwise provided in an Order Form, this Agreement becomes
effective on the date the Agreement is accepted. VENDOR reserves the right, in its discretion,
to suspend or terminate this Agreement or CITY's password, account, access to or use of to the
GOCity Service if any payment on CITY's account becomes past due by more than 90 days.
Upon termination of this Agreement for any reason, CITY's right to access or use CITY Data
through the GOCity Service immediately ceases. Upon termination of this Agreement,
VENDOR will supply to CITY a file of the CITY Data then in its possession. After a period of
30 days after such termination, VENDOR shall have the right to delete the CITY Data without
obligation to maintain any CITY Data. CITY agrees that the license to CITY Data shall survive
termination of this Agreement to the extent necessary for VENDOR to retain CITY Data as set
forth herein.
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.
4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
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volunteers from any and all claims, actions, losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claims, actions, losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
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
workers' 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,
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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 licenses, 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 license, 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:
TO THE CITY: Allen Parker
City Manager
City of San Bernardino
300 North"D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5122
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TO THE VENDOR: Todd Loccisano
Executive Director of Contract Management
Verizon, Inc.
15505 Sand Canyon Avenue
Irvine, CA 92618
Telephone: 800-922-0204
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.
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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 the
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.
17. ENTIRE AGREEMENT; MODIFICATION.
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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.
VENDOR SERVICE AGREEMENT R THE NSTALLATIIONOF VERIZONBS 4G DINO
AND VERIZON,INC. G LTE
WIRELESS NETWORK SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2013 VENDOR
By:
Its:
Dated , 2013 CITY OF SAN BERNARDINO
By:
Allen Parker, City Manager
Approved as to Form:
By: 1
Ja ,- F. Penman, City Attorney
i
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For Purchasing Use Only:
RFP/CONTRACT#1907
it
MASTER SERVICE AGREEMENT FOR SERVICES OF INDEPENDENT CONTRACTOR
A Contract between the Western States Contracting Alliance
Acting by and through the
State of Nevada
Department of Administration,Purchasing Division
515 East Musser Street, Suite 300
Carson City,NV 89701
Contact: Teri Smith
Phone(775)684-0178 Fax(775)684-0188
Email: tlsmithnadmin.nv.gov
and
Cellco Partnership d/b/a Verizon Wireless
One Verizon Way
Basking Ridge,NJ 07920
Contact: RJ Fenolio
Phone(702)283-2200 Fax: (866)917-7801
Email: RJ.Fenolio@VerizonWireless.com
Pursuant to Nevada Revised Statute (NRS) 277.100,NRS 277.110,NRS 333.162(1)(d), and NRS 333.480
the Chief of the Purchasing Division of Nevada is authorized to enter into cooperative group-contracting
consortium.
The Western States Contracting Alliance ("WSCA") is a cooperative group-contracting consortium for
state government departments, institutions, agencies and political subdivisions (i.e., colleges, school
districts, counties, cities, etc.,) for the states of Alaska, Arizona, California, Colorado, Hawai'i, Idaho,
Minnesota,Montana,Nevada,New Mexico, Oregon, South Dakota,Utah, Washington and Wyoming.
The State of Nevada has been authorized by WSCA to negotiate a Master Agreement as Lead State, for
and on behalf of WSCA and its Members.
In consideration of the above premises, and for good and valuable consideration, the receipt of which is
hereby acknowledged,the parties mutually agree as follows:
1. REQUIRED APPROVAL. This contract shall not become effective until and unless approved by the
Western States Contracting Alliance Directors.
2.DEFINITIONS.
• "WSCA"means the Western States Contracting Alliance.
• "State" and/or "Lead State" means the State of Nevada and its state agencies, officers, employees
and immune contractors as defined in NRS 41.0307.
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• "Participating Addendum" means a bilateral agreement executed by the Contractor and a
Participating Entity, substantially in the form of Exhibit _to Attachment CC, incorporating this
Master Service Agreement and setting forth any other additional terms or requirements specific to
the Participating Entity that shall be applicable to the Participating Entity's participation in this
Master Service Agreement.
• "Participating State(s)" means state(s)that have signed(and not revoked) an Intent to Contract at the
time of the award of this contract,or who have executed a Participating Addendum.
• "Participating Entity" means a state, or other legal entity authorized by a state, that is authorized to
enter and does enter into a Participating Addendum under this contract. Unless specifically
prohibited by State law, government agencies, political subdivisions and authorized non-profits
are authorized to enter into a Participating Addendum under this Contract or make purchases
under this Contract pursuant to another entity's Participating Addendum, subject to the review of
the Chief Procurement Official of the State in which the potential Buyer is located. Issues of
interpretation and eligibility for participation shall be determined by the applicable State Chief
Procurement Official.
• "Eligible Entity" means a state, political subdivision or other non-governmental legal entity
authorized by a state, that is not specifically prohibited by State law from entering into a
Participating Addendum under this Contract. Eligibility is subject to the review of the Chief
Procurement Official of the State in which the potential Participating Entity is located. Issues of
interpretation and eligibility for participation shall be determined by the applicable State Chief
Procurement Official.
• "Buyer" means any WSCA Participating State, a Participating Entity, or any authorized agency or
political subdivision of a Participating State, or an authorized non-profit entity, that makes a
purchase under this contract, either pursuant to its own Participating Addendum or by purchasing
under another entity's Participating Addendum.
• "Contract" means this Master Service Agreement for Services of Independent Contractor, together
with all documents incorporated herein.
• "Contractor" and/or Contracting Agency" means a person or entity that performs services and/or
provides goods for WSCA or a Participating Entity under the terms and conditions set forth in
this contract.
• "Solicitation"means RFP#1907 incorporated herein as Attachment AA.
• "Fiscal Year"is defined as the period beginning July 1 and ending June 30 of the following year.
• "Wireless Spend" means the total dollar value spent on wireless services, data, equipment,
devices, support, and any and all other products and services invoiced by a wireless carrier and
paid by an end user including all IL accounts. Wireless Spend does not include amounts
invoiced by Contractor for: taxes, additional regulatory fees, administrative charges, and
charges, fees or surcharges for the costs Verizon Wireless incurs in complying with
governmental programs, and credits and refunds.
3. CONTRACT TERM. This contract shall be effective upon WSCA Directors' approval to October 31.,
2016 , unless sooner terminated by either party as specified in paragraph (21). Each Participating
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Addendum execu ted in connection with this Contract shall be effective from its corresponding effective
date. A Participating Addendum shall not exceed the term or scope of this Contract.
4. CANCELLATION OF CONTRACT; NOTICE. Unless otherwise stated in the special terms and
conditions, any contract entered into as a result of the Solicitation may be canceled by either party upon
written notice sixty (60) days prior to the effective date of the cancellation. Further, any Participating
State may cancel its participation upon thirty (30) days written notice, unless otherwise limited or stated
in the special terms and conditions of the Solicitation. Cancellation may be in whole or in part. Any
cancellation under this provision shall not effect the rights and obligations attending orders outstanding
at the time of cancellation, including any right of any Participating Entity to indemnification by the
Contractor, Contractor's rights of payment for goods/services delivered and accepted, WSCA's rights to
payment of administrative fees, and each party's rights attending any warranty or default in performance
in association with any order. Cancellation of the contract due to Contractor default may be immediate.
5. INCORPORATED DOCUMENTS. The parties agree that the scope of work is specifically described in
this Contract and its incorporated documents; this Contract incorporates the following attachments, which,
after the terms of this Master Service Agreement for Services of Independent Contractor, are listed in
descending order of constructive precedence:
ATTACHMENT AA: SOLICITATION #1907 (Scope of Work) and ATTACHMENTS (list
attachments);
ATTACHMENT BB: CONTRACTOR'S RESPONSE
ATTACHMENT CC: CONTRACTOR'S ADDITIONAL TERMS
A Contractor's attachment shall not contradict or supersede any WSCA specifications,terms or conditions
without written evidence of mutual assent to such change appearing in this contract.
6. Intentionally Omitted.
7. ASSENT. The parties agree that the terms and conditions listed on incorporated attachments of this
contract are also specifically a part of this contract and are limited only by their respective order of
precedence and any limitations specified.
8. PARTICIPATING ADDENDA. To participate in this Contract, a WSCA Member State(including the
Lead State) or any Participating Entity authorized to participate in this contract, shall enter into a
Participating Addendum with the Contractor. If authorized to purchase under state contracts, a state's
agencies or political subdivisions may utilize their state's Participating Addendum to participate in this
Contract. Purchases by state agencies or subdivisions under their state's Participating Addendum
incorporate the terms of this Contract and the applicable Participating Addendum. The Participating
Addendum shall not exceed the scope or term of this contract. In case of conflict between the terms of the
Participating Addendum and this contract, the Participating Addendum shall take precedence as to all
purchases made under that Participating Addendum.
9. Intentionally Omitted.
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II
10. Intentionally Omitted.
11. CONSIDERATION. The parties agree that Contractor will provide the services specified in paragraph
(5) at the cost for each service specified in Attachment BB (Contractor's Response). Contracted prices
represent ceiling prices for the supplies and services offered. The Contractor shall report to the Lead
State any price reduction or discount, or other more favorable terms offered to any Purchasing Entity and
the Contractor agrees to negotiate in good faith to re-establish ceiling prices or other more favorable
terms and conditions applicable to future orders for similarly situated customers. Bid prices must remain
firm for the full term of the contract. In the case of error in the extension of prices in the bid, the unit
prices will govern. WSCA does not guarantee to purchase any amount under this contract. Estimated
quantities in the Solicitation are for bidding purposes only and are not to be construed as a guarantee to
purchase any amo prices Bid rices must remain firm for the full term of the contract. In the case of error
in the extension of prices in the bid,the unit prices will govern. If Contractor has quoted a cash discount
based upon early payment; discounts offered for less than thirty (30) days have not been considered in
making the award. The date from which discount time is calculated shall be the date a correct invoice is �I
received or receipt of shipment, whichever is later; except that if testing is performed, the date shall be
the date of acceptance of the merchandise. Neither WSCA nor the Lead State is liable for any costs
incurred by the bidder in proposal preparation.
12. PAYMENT. Payment is normally made within thirty (30) days following the date the entire order is
delivered or the date a correct invoice is received, whichever is later. After forty-five (45) days the
Contractor may assess overdue account charges up to a maximum rate of one (1) percent per month on
the outstanding balance. Payments will be remitted by mail. Payments may be made via a Participating
State's"Purchasing Card."
13. TAXES. Prices shall be exclusive of state and local taxes, Listed Carrier Surcharges, and federal
excise taxes. Where a Participating State is not exempt from state and local taxes, the Contractor shall
add such taxes on the billing invoice as a separate entry. Contractor will be responsible to pay all taxes,
assessments, fees, premiums, permits, and
licenses if such charges are imposed by law on Contractor and
not otherwise allowed to be passed through to the subscriber. Notwithstanding that provision, Contractor
shall be allowed to bill the Listed Carrier Surcharges as listed in Attachment CC. Contractor may amend
its Listed Carrier Surcharges by providing 30 days advance notice of any new Listed Carrier Surcharge.
Contractor agrees to be responsible for payment of any government obligations described above that are
owed but not paid by its subcontractors during performance of this contract. The Lead State Nevada may
set-off against consideration due any delinquent government obligation in accordance with applicable law,
including, but not limited to NRS 353C.190. Any Participating Entity, including non-profit organizations
and local government agencies, must provide Contractor valid exemption documentation required by state
law to avoid paying taxes or Listed Carrier Surcharges. Attached is a list of current surcharges by state and
national surcharges(Attachment CC).
14. FINANCIAL OBLIGATIONS OF PARTICIPATING STATES. Financial obligations of
Participating States are limited to the orders placed by the departments or other state agencies and
institutions having available funds. Unless otherwise provided by state law or in a Participating
Addendum, States incur no financial obligations on behalf of political subdivisions that are Participating
Entities under this Contract. Unless otherwise specified in the Solicitation,the resulting award(s)will be
permissive.
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15. ORDER NUMBERS. Contract order and purchase order numbers shall be clearly shown on all
acknowledgments, shipping labels,packing slips, invoices, and on all correspondence.
16. REPORTS, WSCA ADMINISTRATIVE FEE. As more fully described in the Solicitation and
Response, the Contractor shall submit quarterly reports to the WSCA Contract Administrator showing
the quantities and dollar volume of purchases by each Participating Entity. This information will be
utilized in computing and verifying the administrative fee payable to WSCA. Contractor shall pay an
administrative fee of 1/10th of 1% (one-tenth of one percent)of the total wireless spend to WSCA.
Some participating entities may require that a fee be paid directly to the entity on purchases made by the
y
procuring
entity. For all such requests, the fee level,payment method and schedule for such reports and
payments shall be incorporated in a Participating Addendum that is made a part of the contract. The
Contractor(s) may adjust pricing accordingly for purchases made by procuring within the jurisdiction of
the Participating Addendum. Any such price adjustment shall not exceed the dollar value of the
additional fee.
All participating entities are deemed to have consented to the release of any required reporting
A p p g
information to WSCA Administration (including information generally deemed Customer Proprietary
network Information [CPNI] for purposes of monitoring the contract and calculating the fees that are due
and payable to WSCA for administering the contract. Users have a right to decline to release this
information,however,they may not purchase under the WSCA contract if they choose to do so.
17. DELIVERY. The prices bid shall be the delivered price to any Buyer. All deliveries shall be F.O.B.
destination with all transportation and handling charges paid by the Contractor. Responsibility and
liability for loss or damage shall remain with the Contractor until final inspection and acceptance, when
responsibility shall pass to the Buyer except as to latent defects,
fraud and Contractor's warranty
obligations. Any portion of an order to be shipped without transportation charges that is back-ordered
shall be shipped without charge.
18. HAZARDOUS CHEMICAL INFORMATION. The Contractor will provide one set of the
appropriate material safety data sheet(s) and container label(s) upon delivery of a hazardous material to
any Buyer. All safety data sheets and labels will be in accordance with each Participating State's
requirements.
19. INSPECTIONS. Goods furnished under this contract shall be subject to inspection and test by the
Buyer at times and places determined by the Buyer. If the Buyer finds goods furnished to be incomplete
or in non-compliance with bid specifications, the Buyer may reject the goods and require Contractor to
correct them without charge. Buyer may offer the opportunity to deliver nonconforming goods at a
reduced price which is equitable under the circumstances. If Contractor is unable or refuses to correct
such goods within a time deemed reasonable by the Buyer,the Buyer may cancel the order in whole or in
part. Nothing in this paragraph shall adversely affect the Buyer's rights including the rights and
remedies associated with revocation of acceptance under the Uniform Commercial Code.
20.INSPECTION&AUDIT.
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20.1 WSCA's Rights. The inspection and audit provisions of this §20.1 run to the benefit of WSCA,
not to Participating Entities.
a. Books and Records. The Contractor will maintain, or supervise the maintenance of all
records necessary to properly account for the payments made to the Contractor for costs
authorized by this contract. Contractor agrees to keep and maintain under generally
accepted accounting principles (GAAP) full, true and complete billing records, contracts,
books, and documents as are necessary to fully disclose to WSCA,the State or United States 'I
Government, or their authorized representatives, upon audits or reviews, sufficient
information to determine compliance with all state and federal regulations and statutes.
b. Inspection & Audit. Contractor agrees that the relevant books, records (written, electronic,
computer related or otherwise), including, without limitation, billing records and price plan
details related to the work product shall be subject, at any reasonable time, to inspection,
examination, review, audit, and copying at any office or location of Contractor where such
records may be found, with or without notice by WSCA; the United States Government;the
State Auditor or its contracted examiners, the Department of Administration, Budget Divi-
sion, the Nevada State Attorney General's Office or its Fraud Control Units, the State
Legislative Auditor, and with regard to any federal funding, the relevant federal agency, the
Comptroller General, the General Accounting Office,
the Office of the Inspector General, or
any of their authorized representatives. All subcontracts shall reflect requirements of this
paragraph.
c. Period of Retention. All books, records, reports, and statements relevant to this contract
must be retained a minimum four(4) years after the contract terminates or or until all audits
initiated within the four (4) years have been completed, whichever is later, and for five (5)
years if Contractor has received notice that any federal funds are used in the contract. The
retention period runs from the date of payment for the relevant goods or services by the
State, or from the date of termination of the Contract, whichever is later. Retention time
shall be extended when Contractor has been notified that an audit is scheduled or is in
progress, for a period reasonably necessary to complete an audit and/or to complete any
administrative and judicial litigation which may ensue.
20.2 Participating Entities' Rights. Contractor will provide each Participating Entity with reasonable
records, invoices, and price plan details related to the �I
access to Contractor's billing reco
corresponding Participating Entity's payments and participation in the Contract.
21. CONTRACT TERMINATION; REMEDIES. Any of the following events shall constitute cause for
WSCA to declare Contractor in default of the contract: (1) nonperformance of contractual requirements;
and/or(2) a material breach of any term or condition of this contract. WSCA shall issue a written notice
of default providing a period in which Contractor shall have an opportunity to cure. Time allowed for
cure shall not diminish or eliminate Contractor's liability for liquidated or other damages. If the default
remains, after Contractor has been provided the opportunity to cure, WSCA may do one or more of the
2
following: (1) exercise any remedy provided by law; O. terminate this contract and any related
contracts or portions thereof; and/or(3) suspend Contractor from receiving future bid solicitations.
Winding Up indin U Affairs Upon Termination. In the event of termination of this contract for any reason, the
parties agree that the provisions of this paragraph survive termination:
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i. The parties shall account for and properly present to each other all claims for fees and expenses and
pay those which are undisputed and otherwise not subject to set off under this contract. Neither party
may withhold performance of winding up provisions solely based on nonpayment of fees or expenses
accrued up to the time of termination;
ii. Contractor shall satisfactorily complete work in progress at the agreed rate (or a pro rata basis if
necessary)if so requested by WSCA;
iii. Contractor shall execute any documents and take any actions necessary to effectuate an assignment �I
of this contract if so requested by WSCA;
iv. Contractor shall preserve, protect and promptly deliver into WSCA's possession all proprietary
information in accordance with paragraph(31).
22. REMEDIES NON-EXCLUSIVE. Except as otherwise provided for by law or this contract,the rights
and remedies of the parties shall not be exclusive and are in addition to any other rights and remedies
provided by law or equity, including, without limitation, actual damages, and to a prevailing party reason-
able attorneys' fees and costs. It is specifically agreed that reasonable attorneys' fees shall include without
limitation$125 per hour for attorneys employed by the Lead State. A Participating Entity's right of set-
off
shall be in accordance with the law of the Participating Entity's state, and the provisions of the
applicable Participating Addendum.
23. LIMITED LIABILITY. The Lead State will not waive and intends to assert available NRS chapter 41
liability limitations in all cases. Participating Entities shall have the limitations of liability provided by
their respective state's law. Contract liability of Contractor, WSCA , the Lead State, and/or any and all
Participating Entities shall not be subject to punitive damages. In no event shall Contractor be liable for
inability of users to access 911 or E911 service. In no event shall either Contractor,WSCA,the Lead State
and/or any and all Participating Entities be liable for any indirect, special, consequential or incidental
damages,however caused, which are incurred by the other party and with arise out of any act or failure to
act relatin g to this agreement, even if such party has been advised of the claim or potential claim or the �I
possibility of such damages, and in no event shall either party be liable to the other party for punitive
damages.
24. FORCE MAJEURE. Neither party to this contract shall be deemed to be in violation of this contract if
it is prevented from performing any of its obligations hereunder due to strikes, failure of public
transportation, civil or military authority, act of public enemy, accidents, fires, explosions, or acts of God,
including,without limitation, earthquakes,floods,winds, or storms. In such an event the intervening cause
must not be through the fault of the party asserting such an excuse, and the excused party is obligated to
promptly perform in accordance with the terms of the contract after the intervening cause ceases. WSCA
may terminate this contract after determining such delay or default will reasonably prevent successful
performance of the contract.
25.INDEMNIFICATION. Contractor r
C shall
25.1 Contractor's Obligations to WSCA. To the fullest extent permitted by law, the Lead State
indemnify,hold harmless and defend,not excluding the Lead State's right to participate,
and/or WSCA from and against all liability, claims, actions, damages, losses, and expenses, including,
without limitation, reasonable attorneys' fees and costs, arising directly from any alleged negligent or
willful acts or omissions of Contractor,its officers, employees and agents under this contract.
25.2 Contractor's Obligations to Participating Entities. The Contractor shall release,protect,indemnify �I
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and hold Participating Entities and their officers, agencies, employees, harmless from and against any
damage,cost or liability, including reasonable attorney's fees for any or all injuries to persons,property
or claims for money damages arising directly from acts or omissions of the Contractor, his employees
or subcontractors or volunteers.
25.3 Exception. Contractor will not be liable for damages that are the result of negligence or willful
misconduct by WSCA, the Participating Entities, and/or their respective employees, officers and
agencies.
26. INSURANCE SCHEDULE. Unless expressly waived in writing by the Lead State or Participating
States, Contractor, as an independent contractor and not an employee of the Lead State or Participating
States, must carry policies of insurance in amounts specified in this Insurance Schedule and/or any
Insurance Schedule agreed by Contractor and a Participating State via a participating addendum, and pay
all taxes and fees incident hereunto. The Lead State and Participating States shall have no liability except
as specifically provided in the contract. The Contractor shall not commence work before:
1)Contractor has provided the required evidence of insurance to the Lead State.
The Lead State's approval of any changes to insurance coverage during the course of performance shall
constitute an ongoing condition subsequent this contract. Any failure of the Lead State to timely
approve shall not constitute a waiver of the condition.
Unless different or additional insurance is required pursuant to the laws of a Participating Entity's state,
and the provisions of the applicable Participating addendum, Contractor agrees that the following
insurance coverages and policy limits shall also apply to, and operate for the benefit of, each
Participating Entity that participates in this Contract pursuant to a Participating Addendum.
Insurance Coverage: The Contractor shall, at the Contractor's sole expense, procure, maintain and
keep in force for the duration of the contract the following insurance conforming to the minimum
requirements specified below. Unless specifically stated herein or otherwise agreed to by the Lead State,
the required insurance shall be in effect prior to the commencement of work by the Contractor and shall
continue in force as appropriate until the latter of:
1.Final acceptance by the Lead State of the completion of this contract; or
2. Such time as the insurance is no longer required by the Lead State under the terms of this contract.
Any insurance or self-insurance available to the Lead State shall be excess of and non-contributing with
any insurance required from Contractor. Contractor's insurance policies shall apply on a primary basis.
Until such time as the insurance is no longer required by the Lead State, Contractor shall provide the Lead
State with renewal or replacement evidence of insurance no less than thirty (30) days before the expiration
or replacement of the required insurance. If at any time during the period when insurance is required by the
contract, an insurer or surety shall fail to comply with the requirements of this contract, as soon as
Contractor has knowledge of any such failure, Contractor shall immediately notify the State and
immediately replace such insurance or bond with an insurer meeting the requirements.
Workers'Compensation and Employer's Liability Insurance
1) Contractor shall provide proof of worker's compensation insurance.
2) Employer's Liability insurance with a minimum limit of $500,000 each employee per
accident for bodily injury by accident or disease.
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Commercial General Liability Insurance
1) Minimum Limits required:
$2,000,000.00 General Aggregate
$1,000,000.00 Products & Completed Operations Aggregate
$1,000,000.00 Personal and Advertising Injury
$1,000,000.00 Each Occurrence
2) Coverage shall be on an occurrence basis and shall be at least as broad as ISO 1996 form CG 00
01 (or a substitute form providing equivalent coverage); and shall cover liability arising from
premises, operations, independent contractors, completed operations, personal injury, products,
civil lawsuits, Title VII actions and liability assumed under an insured contract(including the tort
liability of another assumed in a business contract).
General Requirements:
a. Waiver of Subrogation: Each liability insurance policy shall provide for a waiver of subrogation as
to additional insureds.
b. Cross-Liability: All required liability policies shall provide cross-liability coverage as would be
achieve under the standard ISO separation of insureds clause.
d. Deductibles and Self-Insured Retentions: Insurance maintained by Contractor may contain
deductibles or self-insured retentions. Such deductibles or self-insured retentions shall not relieve
Contractor from the obligation to pay any loss or claim for which the Contractor is responsible under
this Contract. Any deductibles or self-insured retentions must be declared to and approved by the
Lead State. Approval of such deductibles or self-insured retentions shall not be unreasonably
withheld upon Contractor demonstration of financial capacity to carry said deductibles or self-
insured retentions.
e. Policy Cancellation: Except for ten (10) days notice for non-payment of premium, each insurance
policy shall be endorsed to state that; without thirty (30) days prior written notice to the Lead State,
the policy shall not be canceled. Insurer shall provide advice of cancellation via mail to Certificate
Holders.
f. Approved Insurer,: Each insurance policy shall be:
1) Issued by insurance companies authorized to do business in the Lead State and Participating
States or eligible surplus lines insurers acceptable to the Lead State and Participating States and
having agents upon whom service of process may be made, and
2) Currently rated by A.M. Best as "A- VII" or better.
Evidence of Insurance:
Prior to the start of any Work, Contractor must provide the following documents to the Lead State:
1) Certificate of Insurance: The Acord 25 Certificate of Insurance form or a form substantially similar
must be submitted to the State to evidence the insurance policies and coverages required of Contractor.
2) Schedule of Underlying Insurance Policies: If Umbrella or Excess policy is evidenced to comply
with minimum limits, a copy of the Underlyer Schedule from the Umbrella or Excess insurance policy
may be required.
Review and Approval: Documents specified above must be submitted for review and approval by the
Lead State prior to the commencement of work by Contractor. Neither approval by the Lead State nor
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failure to disapprove the insurance furnished by Contractor shall relieve Contractor of Contractor's full
responsibility to provide the insurance required by this contract. Compliance with the insurance
sub-contractors, employees
rorits �
requirements of this contract shall not limit the liability of Contractor
or agents to the Lead State or others, and shall be in addition to and not in lieu of any other remedy
available to the Lead State or Participating States under this contract or otherwise. The Lead State
reserves the right to request and review a copy of any required insurance policy or endorsement to
assure compliance with these requirements.
Mail all insurance documents required by this Contract to the Lead State identified on page one of
the Contract. Additional insurance obligations may be imposed in Participating Addenda
executed by Contractor and eligible Participating Entities. Any additional or different insurance
documents required by a Participating Addendum shall be provided to the Participating Entity.
27. COMPLIANCE WITH LEGAL OBLIGATIONS. Any and all supplies, services and equipment bid
and furnished shall comply fully with all applicable Federal and State laws and regulations. Contractor
shall procure and maintain for the duration of this contract any state, county, city or federal license,
authorization,waiver, permit, qualification or certification required by statute, ordinance, law, or regulation
to be held by Contractor to provide the goods or services required by this contract.
28. WAIVER OF BREACH. Failure to declare a breach or the actual waiver of any particular breach of the
contract or its material or nonmaterial terms by either party shall not operate as a waiver by such party of
any of its rights or remedies as to any other breach.
29. SEVERABILITY. If any provision of this contract is declared by a court to be illegal or in conflict
with any law,the validity of the remaining terms and provisions shall not be affected; and the rights and
obligations of the parties shall be construed and enforced as if the contract did not contain the particular
provision held to be invalid.
30. ASSIGNMENT/DELEGATION. To the extent that any assignment of any right under this contract
changes the duty of either party, increases the burden or risk involved, impairs the chances of obtaining the
performance of this contract, attempts to operate as a novation, or includes a waiver or abrogation of any
defense to payment by WSCA, the Lead State, or a Participating Entity, such offending portion of the
assignment shall be void, and shall be a breach of this contract. Contractor shall not assign, sell,transfer,
subcontract or sublet rights, or delegate responsibilities under this contract, in whole or in part, without
the prior written approval of the WSCA Contract Administrator.
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31. OWNERSHIP OF PROPRIETARY INFORMATION. Any reports, histories, studies, tests, manuals,
instructions, photographs, negatives, blue prints, plans, maps, data, system designs, computer code (which
is intended to be consideration under the contract), or any other documents or drawings, prepared or in the
course of preparation by Contractor (or its subcontractors) for WSCA in performance of its obligations
under this contract shall be the exclusive property of WSCA and all such materials shall be delivered into
WSCA possession by Contractor upon completion,termination, or cancellation of this contract. Contractor
shall not use,willingly allow, or cause to have such materials used for any purpose other than performance
of Contractor's obligations under this contract without the prior written consent of WSCA.
Notwithstanding the foregoing, unless otherwise specifically stated in this Contract, WSCA shall have no
proprietary interest in any pre-existing works or materials, or in any materials licensed to WSCA for use
that are subject to patent, trademark or copyright protection. All materials required to be delivered to
WSCA under this paragraph shall be delivered to the Lead State.
32. PATENTS, COPYRIGHTS, ETC. The Contractor shall release, indemnify and hold WSCA, the
Lead State, and Participating States and their officers, agents and employees harmless from liability
against third party claims that any of the products or services provided by Contractor under this Contract
infringe or violate any copyright, patent, trade name, trademark, trade secret, or other intellectual
property rights, including the Contractor's use of any copyrighted or un-copyrighted composition, secret
process, patented or unpatented invention, article or appliance furnished or used in the performance of
this contract.
33. PUBLIC RECORDS. Pursuant to NRS 239.010, information or documents received from Contractor
may be open to public inspection and copying. The State will have the duty to disclose unless a particular
record is made confidential by law or a common law b:;lancing of interests. Contractor may label specific
parts of an individual document as a "trade secret" or "confidential" in accordance with NRS 333.333,
provided that Contractor thereby agrees to indemnify al defend the State for honoring such a designation.
The failure to so label any document that is released by the Lead State shall constitute a complete waiver
•: i rase of the records. Information or documents
of any and all claims for damages caused by any r.
provided in connection with a Participating Addendui be governed by the public records laws and
practices of the Participating State or Participating Ent
The above provision applies to WSCA and the Lead `!ate only. Information or documents produced or
received by a Participating Entity in connection with I rticipation in this Contract shall be subject to the
public records laws of the Participating Entity's star ‘. ::nd the provision of the applicable Participating
Addendum.
34. CONFIDENTIALITY. Contractor shall keep con ' ''Ili al all information, in whatever form,produced,
prepared, observed or received by Contractor to the c::!,.!at that such information is confidential by law or
otherwise required by this contract. Information prov i ' %1 by the Contractor which the Contractor believes
to be Customer Proprietary Network Information (C!' > pursuant to federal law shall be marked by the
Contractor as "Confidential --- Customer Proprietary work Information" and shall not be subject to
release, notwithstanding the existence of any Public %refs or Right to Know law in the state of any
Participating Entity under this contract without the pr r :,nsent of the public entity to which those records
relate, except as otherwise provided by the Federal C. nunications Act of 1934 as amended. Execution
of a Participating Addendum, or making a purcha Hm,ler this Contract, constitutes consent of the
Participating Entity or Payer for Contractor to disc • 'a WSCA and the Lead State the information
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required in Sections 16 and 20 of this Contract. The ir!cnt of the parties hereto is that confidentiality of
CPNI shall not be lost as against third parties by rear, any reporting or audit obligations of Contractor
under this Contract.
Participating
Entities are deemed to have consented 1, c sharing of CPNI type information with WSCA
Administration as a condition of utilizing this contrn its associated pricing. Said information will
only be used for purposes of calculating the adminis' _lti Les to which the Lead State may be entitled for
administering this contract on behalf of WSCA. information is required by any Participating
State, which may impose its own administrative 1c: .11 information may also only be used by it for
purposes only of calculating the administrative fee to v, c't it may be entitled.
35. NONDISCRIMINATION. Contractor agrees t,) by the provisions of Title VI and Title VII of
the Civil Rights Act of 1964 (42 USC 200ne), \v1 ,;1 it discrimination against any employee or
applicant for employment, or any applicant or reel
7,'ices on the basis of race, religion, color,
or national origin; and further agrees to abide l'. .1' cc Order No. 11246, as amended, which
prohibits discrimination on basis of sex; 45 CUR 11 prohibits discrimination on the basis of age,
and Section 504 of the Rehabilitation Act of 1973, o! . ,- 2,,mericans with Disabilities Act of 1990 which
prohibits discrimination on the basis of disabilities. �, . . rctnr further agrees to furnish information and
reports to requesting Participating Entities, c )on r the purpose of determining compliance
with these statutes. Contractor agrees to con ly '.vi i '.iv dud Participating State's certification
requirements, if any, as stated in the special ir,.ms ens. This contract may be canceled if the
Contractor fails to comply with the provisions of and regulations. Contractor must include
�e
this provision in very subcontract relating to l�urc: , ,� �. States ltcs to insure that subcontractors and
vendors are bound by this pni lion.
36.FEDERAL FUNDING. 1 , dre event fedcr l is p yin'nt of all or pat of this contract:
a. Contractor certifies, by :ping this coif the nor principals are presently debarred,
suspended,proposed for d,..l)rment, declare 'rota it y excluded from participation in this
transaction by any federal c!�,•partment or ag '••atioais made pursuant to the regulations
implementing Executive Or•_ler 12549, De' • pension, 28 C.F.R. pt. 67, § 67.510, as
published as pt. VII of the %1.'y 26, 1988, Federal is 19160-19211), and any relevant program-
specific
cube r ctor recr1
regulations. This r, vision shall be ••, � � � � �' ing any payment in
whole or in P art from fed< < `'ends.
b. Contractor and its sul 'tractors shall c ly rws, litions, and requirements of the
Americans with Disabilities; .let of 1990 (1' 1- S L. l"1 t?l, as amended, and regulations
adopted thereunder contain in 28 C.F.R. .lu ive, :,! d any relevant program-specific
regulations.
c. Contractor and its subcu. actors shall col: a,,ii renle, !.: of the C v':I Plights Act of 1964,
as amended,the Rehabilita: ', ,r Act of 1973, 1 .:,. '�? � iendcc'. Sul any lee ant program-specific
regulations, and shall not P• :iminate again c r or` cml '`'y:a 'nt because of race,
national origin, creed, col sex, religion, : ban'Tic. ,•onditb a (including AIDS and
AIDS-related conditions.)
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37. LOBBYING. The parties agree, whether expressly prohibited by federal law, or otherwise, that no
funding associated with this contract will be used for t,ny purpose associated with or related to lobbying or
influencing or attempting to lobby or influence for any nn,irpose the folloy.Ong:
a. Any federal, state,county or local agency, l islat re, commission, e ninsel or hoard;
b. Any federal,state,county or local legislator, corm°nission member, c, tinsel member,board member, or
other elected official; or
c. Any officer or employee or any federal, st;,'e, cn!n'.ty or local a ency; lm.'gislature, commission,counsel
or board.
38. NON-COLLUSION. Contractor certifies I',ai this- -act and the �' ncicrlying bid, have been arrived
at independently and have I _'en without colh_,inn id wi'.hout >>e agreement, understanding or
planned common course of . !•tion with, any ( ' -r ' ,,. of mats ri a!!' ` ''pplies, e.;uipment or services
described in the invitation to bid, designed to li nit in ependentbiddmt: )r competition.
39. WARRANTIES.
a. General Warranty. Contractor warrants th t all sL vi es, deliveiabl!'s, and/or work product under this
,''Hstent v� t,. st:•'idards in the trade,profession,
contract shall be complete-,. in a worlcmanl i,< . mann
or industry; shall conform !.., or exceed the s ' 'cific t fel'th i„ 'h incrnhornt. 'd attachments; and
shall be fit for ordinary use, ,'good quality, v 'a1 der_
! i form i stem ., ; cation(s) shall not
b. System Compliance. n w
� tractor wane .�
experience abnormally ending and/or invaf ' an i erect resU rom the application(s) in the
operating and testing of the business of the 1 Sty, ' v Partic p,,. ' ntity
40. CONFLICT OF INTEREST. Contra ' !'t it ' offered or given any gift or
compensation prohibited by the state laws or , t.c: or an ' C ` 1 a't,
Hvt'ng Entities to any
officer or employee of N"SCA, the Lead St or o scent ''.,vorable treatment
with respect to being awarded this contract.
41. INDEPENDENT CONTRACTOR. Con 'tor cont cter, and as such shall
Tea,' ,r any Participating Entity to
have no authorization, express or implied to �d `�,�� �:� � , „�,,�f� •m any acts as
any agreements, settlements, liability or and '� �,nd:' v )eves. 's not t y
agent for WSCA,the Lead State, or any Part c.' , sl) a 't '''h herein.
,� � ova , WS' . . .lrticipating State,
42. POLITICAL SUBDIVISION PARTICT' i�. .,,
participation under this contract by the Part i c i i' n of i t l ea' ,'i si on; (i c., colleges, school
districts, counties, cites, eta•.,) shall be volun
by the it sub? y' ion. Certain Non-
Profit Entities may be eligible to purchase u: d t unlc , ''bited law and upon
consent by the Chief Procurement Official he cv ht<ate. 'trac+• to supply the
,.,,., �,,. !!!re';, ,. !�,,ns and prices
political subdivisions and eligible non-profit offer,but is
set forth in this Contract and in the applicab' � ',Au! • ',' u!,!: ,i�-cy
,�til , c � 'e same terms and
not required to offer, products and services t . to !lei]: 5
Co� •end s��c' an agreement for
conditions that are offered to Participating may , l,e and the tefm
products or services entered into with an em 'off • , ati', y �"
of this Contract.
,m�� w:u7, � , , ,>> executing this
43. PROPER AUTHORITY. The parties '.. �r. t. Contractor
contract on behalf of each party has full 1 to en' t
acknowledges that as required by statute or ati tact is t'r'e , after approval by
WSCA and only for the period of time spec'' e H ' ' Any s, pc, ned by Contractor
Effective 04/07
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before this contract is effective or after it ceases to he cflec i,.c are perform(' 1 at the sole risk of Contractor.
The Contractor certifies that neither it nor its principals a presently deb red, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded fl n participatio'. in this transaction (contract)
by any governmental department or agency.
44. GOVERNING LAW:JURISDICTION.
44.1 Lead State. The parties acknowledge and as;r,',' that with respect to Contractor and the Lead
State and/or WSCA, the rights and obiitt,ations o! the par .s hereto shall Bove' 'd and construed in
,'ing effect to a y princ le of conflict-of-law
accordance with the laws of the State of Nevada, without ;
that would require the application of the law of any other ju ,diction. The 'rties consent to the exclusive
jurisdiction of the First Judicial District Court, Carson City, vada for enforcement of this Contrat.
44.2 Participating Entities. The construction and c`''cct of any Part ipatinp Addendum or order
against the Contract shall be governed by and con 'ale in cordance with e laws 0I the corresponding
Participating Entity. Venue for an; disp lie c r on concerning ui or I I' ,c 'd against the
Contract or the effect of a Participating Addendum shall He the Participatil Entity State.
45. SIGNATURES IN COUNTERPART. Contract may bc signed in any nvilber of counterparts, each of
which shall be an original,but all of which together steal: co. ;tote one in the !Inc i re rent.
46. ENTIRE CONTRACT AND 1 O' 1 FICAT!' ". contract and !s „t -d attachment(s)
constitute the entire agreement of the h, !ies and su.h . !c ended as a con ‘tc cy,.ltisive statement
of the promises, representations, ncg( lint ens, disco ;sin d other agreem s th,.'. nay have been made
in connection with the subject matter hereof. Unless are in -prated attachmc to this contract specifically
displays a mutual intent to amend a p i t i cular part of this ntract, general c Met' in language between
any such attachment and this contract shall be cor. 'a ,, ' sistent with iiit n this contract. The
terms of this contract shall not be supp
lemente r I in any manner
whatsoever without prior written appr it of the 'V 'A 'ontract Admin: -at; A\r;PCA Member
State or another entity authorized H rticipate i , ! intact shall ex( ite F he Contractor a
Participating Addendum consistent this Contra. a I conforming t the ms of Paragraph 8
herein.
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IN WITNESS`'HEREOF,the parties hereto have caused this contract to be signed and intend to be legally
bound thereby.
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1.14(1 Executive Director Enterprise &Government Contracts
Indepe'dent Coractor's Signature l)ate Independent's Contractor's Title j
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T APPROVED BY WSCA DIRECITORS i
Greg Smith,Admini • r, State of Nevada 1
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(Date)
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Approved as to Corm by:
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On I.
j //r'- -.. . - Date 1
Deputy Attorrfey General for Attorney General ( )
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