HomeMy WebLinkAbout2014-243 RESOLUTION NO.2014-243
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CONTINUATION OF THE
3 DECLARATION OF FISCAL EMERGENCY IN THE CITY OF SAN BERNARDINO
THROUGH JUNE 30, 2015.
4
5 WHEREAS, in meeting its commitments to the citizens of the City of San
6 Bernardino to maintain a safe and secure community while providing access to
7 cultural, recreational and governmental activities and institutions for all citizens, the
8 City has employed a workforce and has certain other necessary expenses; and
9 WHEREAS, on July 18, 2012, the Mayor and Common Council directed the
10 filing of a Petition under Chapter 9 of the United States Bankruptcy Code following
11 the adoption of a Declaration of a Fiscal Emergency in the City of San Bernardino in
12 response to findings that the financial state of the City is such that the health, safety,
13 and well-being of the residents of the City would be jeopardized absent Chapter 9
14 bankruptcy protection; and
15
16 WHEREAS, on November 26, 2012, the Mayor and Common Council adopted
the Pendency Plan and continued the fiscal emergency through June 30, 2014 by
17
Resolution No. 2012-278; and
18
19 WHEREAS, despite cost savings measures previously taken by the City, the
20 City's financial situation remains dire, and it does not have available cash to meet on-
21 going operating expenses (including deferred PERS obligations, deferred Pension
22 Obligation Bond obligations, and banked paid leave), and no revenue or other
23 funding sources are available to balance the City's budget and address prior years'
24 deficits; and
25
WHEREAS, since the filing of the Petition under Chapter 9 of the United
26 States Bankruptcy Code, the circumstances underlying the City's fiscal emergency
27 and reasons for filing the Petition have continued and are expected to continue
28 through at least June 30, 2015;
2014-243
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
1 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
2
SECTION 1. The continuation of the Declaration of Fiscal Emergency through
3
June 30, 2015, as adopted by Resolution No. 2012-205 of the Mayor and Common
4 Council adopted on July 16, 2012 and continued by Resolution No. 2012-278 of the
5 Mayor and Common Council adopted on November 26, 2012, is hereby authorized.
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2014-243
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CONTINUATION OF THE
2
DECLARATION OF FISCAL EMERGENCY IN THE CITY OF SAN BERNARDINO
3 THROUGH JUNE 30, 2015.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5 and Common Council of the City of San Bernardino at a Joint Adjourned Reg. meeting
6 thereof, held on the 23rdday of June , 2014, by the following vote, to wit:
7
Council Members: AYES NAYS ABSTAIN ABSENT
8
MARQUEZ x
9
10 BARRIOS �-
11 VALDIVIA x
12 SHORETT x
13 NICKEL _14 JOHNSON x
15 MULVIHILL x
16
4d4"(--/-
17 Georgea'1P Hanna, C°y Clerk
18
The foregoing Resolution is hereby approved this Y day of June , 2014.
19
20
R. Carey m=vis, Mayor
21 City of S. Bernardino
22 Approved as to form:
23 Gary D. Saenz, City Attorney
24 �
By:
25
26
27
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2014-343
Exhibit"A"
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND WESTNET,INC.FOR ON-SITE WARRANTY AND MAINTENANCE OF THE
FIRE STATION ALERTING SYSTEM
This Vendor Services Agreement is entered into this 15 day of September 2014,
by and between Westnet,Inc.("VENDOR") and the City of San Bernardino("CITY"or
"San Bernardino").
WITNESSETH:
WHEREAS, on December 7, 2009, the Mayor and Common Council approved the
replacement of the Fire Department's aging fire station alerting system. Masters and
Associates/Westnet, Inc. was awarded the bid for installation and integration of the system in
accordance with bid specification RFQ #F-09-I1. In addition, the new fire station alerting
system had to be connected to the City's Computerized Automated Dispatch system (CAD) in
2012;and
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract with Westnet,Inc.for the annual on-site warranty
and maintenance of the fire station alerting system; and
WHEREAS,the City of San Bernardino has determined that Westnet,Inc.best meets the
needs for the Fire Department fire station alerting system located at twelve fire stations and the
Emergency Communication; and,
NOW,THEREFORE,the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of Westnet,
Inc. to provide annual on-site warranty and maintenance for the fire station alerting system
located at twelve fire stations and the Emergency Communication in accordance with Westnet,
Inc. Standard Limited Warranty and Statement of Work, which are attached hereto and
incorporated herein as Attachment 1 and Attachment 2.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR the amount of$41,210.00 annually for the annual on-site warranty
and maintenance.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM;TERMINATION.
The term of this Agreement shall be effective July 1, 2014, and shall continue from year
to year, until terminated by either party hereto in the manner specified hereinafter. This
Westnet Inc -Exhibit A Vendor Services Agreement rev8-26-14.doe
2014-343
Agreement shall in any event terminate with the replacement of a new fire station alerting
system. _
This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. ' INDEMNITY.
Vendor agrees to and shall indemnify and hold the City,its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees, the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's
compensation coverage, and shall file copies of said policies with the CITY's Risk Manager
prior to undertaking any work under this Agreement. CITY shall be set forth as an additional
named insured in each policy of insurance provided hereunder. The Certificate of Insurance
furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any
change in or termination of the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation,or any other status protected by law.
7. INDEPENDENT CONTRACTOR
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
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CITY OF SAN BERNARDINO-WESTNET,INC.
VENDOR SERVICES AGREEMENT
2014-343
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain prior to execution of this Agreement,
and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and
any other licenses, permits, qualifications, insurance and approval of whatever nature that are
legally required of VENDOR to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service,postage prepaid and addressed as follows:
TO THE CITY: TO THE VENDOR:
City of San Bernardino Fire Department Westnet,Inc.
200 East Third Street 15542 Chemical Lane
San Bernardino CA 92410 Huntington Beach,CA 92649
Attn: Fire Chief Attn:Dawn Matheny
Telephone: (909)384-5286 Telephone: (714)548-3500
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 perfommed 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,
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CITY OF SAN BERNARDINO-WESTNET,INC.
VENDOR SERVICES AGREEMENT
2014-343
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs,representatives, successors,and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. REMEDIES;WAIVER.
All remedies available to either party for one or more breaches by the other party are and
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies. The failure of either party to act in the event of a breach of this Agreement
by the other shall not'be deemed a waiver of such breach or a waiver of future breaches, unless
such waiver shall be in writing and signed by the party against whom enforcement is sought.
18. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject matter of
this Agreement. This Agreement may be modified or amended only by a w_ritten instrument
executed by all parties to this Agreement.
a
CITY OF SAN$ERNARDINO-WESTNET,INC.
VENDOR SERVICES AGREEMENT
2014-343
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND WESTNET,INC.FOR ON-SITE WARRANTY AND MAINTENANCE OF THE
FIRE STATION ALERTING SYSTEM
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated ,2014 VENDOR
By:
Its:
Dated 0313 2014 CITY OF SAN BERNARDINO
By. 15 z 4
City M)Aoaer
Approved as to Form:
Gary D. Saenz, City Attorney
By:
s
CITY OF SAN BERNARDINO-WESTNET,INC.
VENDOR SERVICES AGREEMENT
2014-343
"ATTACHMNENT 1"
1 WEMNET
STANDARD LIMITED WARRANTY
1. Westnet, Inc. ("Westnet') is providing its "Limited Warranty" covering the First-In products,
parts, components and system being purchased by Customer under this Agreement (collectively, the
"Products") as set forth in this Paragraph 1. When Westnet, or a certified Westnet installer installs the
Product, this warranty begins upon first beneficial use of the Product by the Customer or when the
installation is complete, whichever occurs first. In all other instances, this warranty commences upon
shipment.
A. Westnet warrants exclusively to Customer that each Product sold hereunder will be free from
defects in material and workmanship for a period of one (1) year from the date of delivery of the
Product to Customer or, if installation is performed by Westnet or a subcontractor of Westnet,
from the date of installation. If Westnet or a subcontractor of Westnet performs the installation,
such installation service will be deemed to be part of the Product for purposes of this Limited
Warranty and Westnet's liabilities under this Agreement. Any parts and cabling used in the
installation of a Product are not covered by this Limited Warranty unless Westnet (and not
Customer or a third party installation company)performs the complete installation. Any Product
claimed by Customer to violate this Limited Warranty must be returned to Westnet's designated
service center at the expense of Customer, provided that Westnet will first be given the
opportunity, at its option and expense, to inspect the Product in its installed location and may
elect to waive such return. Westnet will perform all warranty work at its service location only
and not at the Customer's location, unless Westnet agrees, in its sole discretion, to undertake the
warranty work at Customer's location. Westnet's sole obligation and Customer's exclusive
remedy for any breach of this Limited Warranty will be the repair or replacement, at Westnet's
option, of the defective Product. Any replacement or repaired Product will be covered by this
Limited Warranty only for the remainder of the original warranty period. Any replacement or
repaired Product may be made with new or reconditioned components and will be shipped to
Customer at the expense of Westnet. Any replaced Product becomes the property of Westnet. If
Westnet determines that such repair or replacement is not economical or feasible or such remedy
fails of its essential purpose, Customer's exclusive alternate remedy and Westnet's sole obligation
for any breach of this Limited Warranty will be the return to Customer of the purchase price paid
to Westnet for the Product,provided Customer has returned the Product to Westnet.
B. This Limited Warranty applies only if Westnet's testing and examination of the Product discloses
that the alleged defect or malfunction of the Product exists and was not caused by Customer's or
any third person's misuse, negligence, improper installation or testing, or unauthorized attempts
to open, repair or modify the Product, or by accident, fire, water, lightening, power cuts or
outages, power or telephone line transients, other hazards, or acts of God, or by any other cause
beyond the range of intended use in accordance with the Product's normal usage and Westnet's
published instructions. This Limited Warranty will apply only if Customer notifies Westnet of
the defect in writing not more than one (1) year after its delivery to Customer. This Limited
Warranty does not cover physical damage to the surface of the Product after its delivery to
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2014-343
"ATTACHMNENT 1"
Customer, including cracks or scratches on the LCD or outside casing. This Limited Warranty
does not apply when the malfunction results from the use of this Product in conjunction with
other products, or ancillary or peripheral equipment, and Westnet determines there is no fault
with the Product itself. This Limited Warranty does not apply to any defect or malfunction of the
Product due to any communications software or device Customer may use with the Product.
Customer will promptly inspect all Products delivered to it. Any claim against Westnet under this
Limited Warranty or otherwise for damages to or defects in the delivered Products that are
observable in a reasonable visual inspection will be deemed waived unless the claim is made in
writing to Westnet within thirty(30)days after such delivery.
C. EXCEPT FOR THIS EXPRESS LIMITED WARRANTY AND WESTNET'S STATUTORY
WARRANTY OF GOOD TITLE, WESTNET MAKES NO WARRANTIES OR
REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
REGARDING THE PRODUCTS COVERED HEREBY, INCLUDING (WITHOUT
LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH
DESCRIPTION, OR (SUBJECT TO PARAGRAPH 4) NONINFRINGEMENT OF PATENTS
OR OTHER PROPRIETARY RIGHTS. NO EMPLOYEE, AGENT OR REPRESENTATIVE
OF WESTNET IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY
ON BEHALF OF WESTNET RELATING TO THE PRODUCTS EXCEPT TO THE EXTENT
SPECIFICALLY STATED HEREIN. WESTNET NEITHER ASSUMES NOR AUTHORIZES
ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION
WITH THE SALE, INSTALLATION,MAINTENANCE OR USE OF THE PRODUCTS.
2.LIMITS ON LIABILITY. EXCEPT AS EXPRESSLY PROVIDED IN PARAGRAPHS 1 AND 4, IN
NO EVENT, WHETHER BASED ON BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE,
STRICT LIABILITY IN TORT OR ANY OTHER LEGAL THEORY, (A)WILL WESTNET BE LIABLE
FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR COST OF
COVER ARISING OUT OF CUSTOMER'S SELECTION,ORDERING,PURCHASE,USE,RESALE OR
DISTRIBUTION OF THE PRODUCTS COVERED HEREBY, OR OTHERWISE, EVEN IF WESTNET
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR (B) WILL WESTNET'S
TOTAL LIABILITY TO CUSTOMER AND ANY THIRD PARTIES WITH RESPECT TO ANY
SPECIFIC PRODUCT AND ANY RELATED SERVICES EXCEED THE PURCHASE PRICE TO
WESTNET FOR THAT PRODUCT AND SUCH SERVICES. SUCH DAMAGES THAT WESTNET
WILL NOT BE LIABLE FOR INCLUDE,BUT ARE NOT LIMITED TO: LOSS OF PROFITS, SAVINGS
OR REVENUE; LOSS OF USE OF A PRODUCT OR ANY ASSOCIATED EQUIPMENT; COST OF
CAPITAL; COST OF ANY SUBSTITUTE GOODS, EQUIPMENT, FACILITIES OR SERVICES;
DOWNTIME; AND,EXCEPT AS PROVIDED IN PARAGRAPH 4,THE CLAIMS OF THIRD PARTIES
INCLUDING CUSTOMER'S EMPLOYEES OR AGENTS AND ANY PERSONS TO WHOM
CUSTOMER PROVIDES SERVICES.
3. FORCE MAJEURE, SHORTAGES AND OFFSETS. Westnet will not be liable for loss or
damage of any kind resulting from any delay in delivery or failure to supply ordered Products or
otherwise carry out its obligations under this Agreement due to causes beyond its reasonable control, and
no such event will relieve Customer of its obligations to make payments for other deliveries made when
due under this Agreement. Such causes may include, but shall not be limited to, acts of God, the
elements, acts or omissions of Customer, carriers, suppliers to Westnet or civil or military authorities,
fires, labor disputes and other inabilities of Westnet to obtain necessary labor, materials or supplies from
usual sources. If temporarily excused from performance under this Agreement by any such
circumstances, Westnet shall resume its performance as soon as is reasonably feasible. Westnet reserves
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"ATTACHMNENT V
the right, in its sole judgment and without liability to Customer, reasonably to allocate its available
production capacity and Product inventories as may be necessary or equitable in the event of any
shortages of production capacity or Products at any time. Westnet may offset against any amounts owed
by Westnet to Customer under this Agreement or otherwise any credits or amounts that are owed by
Customer to Westnet under this Agreement or otherwise.
4. INFRINGEMENT. Westnet agrees to defend Customer against, and pay any damages awarded
against Customer and direct expenses, including attorneys' fees, reasonably incurred by Customer (but
excluding any lost revenues, lost profits or other consequential economic damages of Customer) as a
result of, any action brought against Customer, if and to the extent the action is based on a valid claim that
any Product delivered to Customer under this Agreement infringes another person's patent, copyright,
trade secret or trademark. Westnet's obligations under this paragraph will be conditioned upon Customer
promptly notifying Westnet in writing of the existence of any such action, giving Westnet full authority to
conduct the defense and settlement of the action, at Westnet's expense and with counsel of Westnet's
selection, and cooperating fully with Westnet and such counsel. If any Product becomes, or in Westnet's
opinion is likely to become, the subject of an action for such infringement, Westnet may procure for
Customer the right to continue using the Product or replace or modify it to make it noninfringing,
provided such replacement or modification does not affect the performance or value of the Product to
Customer in a materially adverse manner. Alternatively, Westnet may return to Customer the purchase
price paid to Westnet for such Product and Customer shall return the Product to Westnet at Westnet's
expense. Westnet will not have liability for, and Customer will defend Westnet against, and pay any
damages awarded against Westnet and direct expenses, including attorneys' fees, reasonably incurred by
Westnet (but excluding any lost revenues, lost profits or other consequential economic damages of
Westnet) as a result of, any action is brought against Customer or Westnet, if and to the extent that the
action is based on a valid claim that Westnet's compliance with Customer's design or specifications for a
Product or Customer's use or combination of the Product with any material or process not acquired from
Westnet (if the infringement would not have resulted from use of the Product without such material or
process) infringes another person's patent, copyright, trade secret or trademark. The foregoing states
Westnet's entire liability with respect to any infringement of patents, copyrights, trade secrets,trademarks
or other proprietary rights relating to the Products.
5. INDEMNIFICATION. Subject to Paragraphs 1 and 4, Customer agrees to indemnify, defend
and hold harmless Westnet against and from any claims, damages, losses, expenses (including attorneys'
fees) and liabilities incurred by Westnet as a result of acts or omissions of Customer and its affiliates,
employees or subcontractors or in connection with Customer's installation or use of a Product or its other
activities.
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ATTACHMENT
MAINTENANCE AND SUPPORT
STATEMENT OF WORK
1. Scope of Services
The Contractor shall provide 24/7 toll-free technical support and on-
site maintenance for all equipment and software provided to the City
of San Bernardino pursuant to the Fire Department Fire Station System
Price Proposal and Vendor Service Agreement dated September 15, 2014
"System") .
2. Response Times
Response times shall be determined in accordance with the Priority
Level and Descriptions set forth in the following table. Contractor
shall provide to the City a technician properly trained in the
operation and usage of the System as set forth below. The response
time shall commence from the time City requests service or notifies
the Contractor of problems with the System by contacting the
Contractor's call center ("Notification") .
Priority Hours/ Description
Levels Days
1 24/7/365 ■ This priority level represents a significant issue that results in the inability to use
Including the dispatching and/or alerting systems.
Holidays . On-Site Phone Support or VPN:Any reported trouble with Westnet-supplied
Dispatch Project Equipment.
3-6-Hour . On-Site Phone Support or VPN: Station reports that it is not receiving any form of
Response an alert or there is no audio in a fire station.
■ Phone Support or VPN:Other failures that render the fire station MCU and more
than five audio transmitting devices unusable.
2 8:00—5:00 EST, ■ This priority level represents a moderate issue that restricts normal use of the
Monday—Friday dispatching and/or alerting systems.
■ On-Site Phone Support or VPN:Any non-essential Dispatch Project or Fire
2-Business-Day Station device reported inoperable.
Response Phone Support or VPN: Requests to increase fire station volume levels within fire
department-approved parameters.
■ On-Site Phone Support or VPN: Reports of receiving other stations'or companies'
alerts.
3 8:00—5:00 EST, ■ This priority level represents minor or non-emergency issues that do not restrict
Monday—Friday normal use of the dispatching and/or station alerting systems.
■ Phone Support or VPN: Requests to decrease volume levels within fire
3-Business-Day department-approved parameters.
Response . Phone Support or VPN:Add additional equipment,request programming,or voice-
chip changes.
■ Phone Support or VPN: Requests for additional training.
■ On-Site Phone Support or VPN: Other non mission-critical matters in the dispatch
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centers.
■ Phone Support or VPN:Other non mission-critical matters in the fire stations.
3. Software Upgrades
The Contractor shall upgrade and maintain as necessary and as
determined by Contractor, at no additional cost to the City, the
System software covered under this Agreement.
The Contractor shall provide all maintenance, whether on-site or
remotely, in order to maintain the System in top operational order
according to the requirements of the manufacturer. Such maintenance
shall be on a schedule which is determined by the Contractor in order
to ensure optimal functionality of the System. Coordination of any on-
site maintenance will be arranged with the City's designated
representative, as necessary.
5. Contractor Responsibilities
The Contractor shall:
A. Provide Contractor-owned spare equipment if a System component is returned to
Contractor for repair or replacement.
1. Any Contractor-owned spare equipment parts provided under this
Agreement are the property of the Contractor. Any damage to
Contractor's spare equipment parts is not covered under this Scope of
Services and the City shall pay for the repair or replacement of the
spare equipment parts.
2. The Contractor may service replaceable parts, by way of new or
remanufactured replacement parts to City on an exchange basis. Upon
receipt by the City of the replacement part, the original part becomes
the property of the Contractor, and shall be returned by City to the
Contractor. The City shall pay the Contractor the full retail value of
the replacement part if the Contractor provides notice to the COTR to
return the original part and the Contractor does not receive the
original part within thirty (30) days after replacement part
installation.
B. The Contractor shall provide all parts and labor necessary to restore the
System to working order in accordance with factory specifications in effect at
the time the equipment was purchased and all updates installed on the System.
The Contractor shall repair or replace any malfunctioning component of the
System provided that the malfunction was not caused by an enumerated exclusion
under this Agreement. If the Contractor elects to upgrade the equipment rather
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than repair it, the Contractor is under no obligation to upgrade other
equipment covered under this Agreement. The Contractor will pay for shipping
back to the City.
C. The City will not make modifications to the System without obtaining approval
from the Contractor in writing.
D. Upon request, the Contractor shall provide a written quote for additional work
not specifically identified in this Agreement. Such work could include, but is
not limited to, additions and installation of new equipment, relocation of
existing equipment, upgrades (not part of Contractor standard releases) and
enhancements, and other system related goods and services. If the City decides
to proceed with the work, a new purchase order will be issued exclusively for
the work to be ordered.
6. City's Responsibilities
The City shall:
A. SERVICE CALLS: The City will notify the Contractor of any problems with the
System by calling the Westnet Systems Group at 1-800-843-9695 (Contractor's
call center) .
B. Provide and maintain an operating 24/7 VPN for the duration of the Agreement.
The VPN shall allow the Contractor to connect to all fire stations that are
equipped with the First-In Fire Station Alerting (First-In) equipment. The
VPN must be operating and the City must allow the Contractor to test the VPN
prior to the commencement of this Agreement.
C. Ensure that the Westnet monitor computer in the Dispatch Center has 24/7
access to the VPN and to all City fire stations. The City will return the
Westnet monitor computer, if provided, to the Contractor at the conclusion of
this Agreement and any additional extensions.
D. Provide the make and model number of the fire station radio that First-In will
be connected to for the source of dispatch audio. If there are any
connections to this radio other than the outside antenna and the power source,
the City will provide a diagram showing the method of connection, connector
pins used, signals obtained from the radio and signals sent to the radio by
the fire station equipment.
E. Provide the name, 24-hour telephone number and position of responsible party
that can be contacted about each station's radio communication, public
address, CAD, and network equipment.
F. Provide the Contractor with either code-access to the stations or an escort
that is available 24/7 and within one (1) hour's of notice of an on-site visit.
G. Provide the make and model number of fire station amplifier, type of
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connectors used by fire alerting input, input impedance and the necessary
audio level to drive station amplifier.
H. Provide a description of station control circuits (e.g. , lighting, door
openers, gas shut-off) and the number of circuits to be controlled by the
Control Remote.
I. Ensure that the MCU at each station is at all times plugged into a properly
operating on-line fulltime UPS.
J. Ensure that the MCU at each station is at all times plugged into the First-In
Radio Isolation Unit. The Contractor will exclude from this Agreement the
repair of any equipment not properly connected to the Radio Isolation Unit.
K. Ensure that the radio antenna and lightning arrestor is installed, is
installed per current engineering standards and that all lightning protection
equipment is connected to a 5-ohm earth ground by a #6 or larger cable not
exceeding eight (8) feet in length between the 5-ohm earth ground and the
protected equipment.
L. Notify the Contractor of any change in any equipment connected to the fire
station System.
7. Service Exclusions and Conditions
A. This Agreement may exclude:
1. Service made necessary by accident, misuse, abuse, neglect,
water damage, or maintenance conducted by unauthorized
person(s) at the direction of the City;
2. Installation, repair or replacement of other systems of
which the System may be a part, but which is specifically not a
Westnet product or a product installed by Westnet as part of
the System;
3. Service of product on which the Westnet or First-In label
or logo, rating label or serial number have been defaced or
removed; and
4. Problems directly associated with systems connected to the
System (e.g. , radio, network, CAD, public address) and not
related to the System.
If an issue is determined to be excluded from this Agreement,
the Contractor may charge the City for labor costs after three
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(3) technical support calls or two (2) on-site visits with
respect to the issue. This provision does not eliminate the
requirement for a written amendment for any additional work
outside the scope of work in this Agreement.
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