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RESOLUTION (ID #3379) DOC ID: 3379 B
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Purchase Order
From: Jason Suarez M/CC Meeting Date: 08/04/2014
Prepared by: Jason Suarez, (909) 384-5947
Dept: Information Technology Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
City Manager to Execute a Vendor Services Agreement and the Issuance of an Annual Purchase
Order for Maintenance of the Police Document Imaging System Workflow Software and
Scanning Station Hardware/Software to ECS Imaging, Inc. (#3379)
Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: $28,177.00
Account No. 679-250-0062*5172
Account Description: Equipment Maintenance
Balance as of 07/14/2014: $536,342.91
Balance after approval of this item: $508,165.91
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
June 19, 2013 -Resolution#2013-109 - Approved the execution of a Vendor Services
Agreement and the issuance of an annual purchase order for maintenance of the Police
Department's Document Imaging System, workflow software, and scanning station
hardware/software to ECS Imaging Incorporated, of Riverside California.
September 20, 2010 -Resolution# 2010-317 - Approved the San Bernardino Police Department
to purchase a replacement Document Imaging System from ECS Imaging Incorporated, of
Riverside, California.
Background:
The Police Department uses a document imaging system to manage enforcement documents
created by officers and detectives. The system also manages certain types of administrative
documents. The system is made up of components manufactured by Laserfiche, Kofax, Imation
Corp., Kodak, and Bell &Howell. Resolution#2010-317, approved the replacement of the
Police Department's FileNET document imaging system with a Laserfiche document imaging
system.
The resolution also approved the sale of the Laserfiche document imaging system by ECS
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Imaging Incorporated, of Riverside. ECS Imaging Incorporated was also responsible for
Undated:7/29/2014 by Jolena E.Grider B I Packet Pg. 159
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3379
installing and configuring the software and hardware environment, as well as develops custom
workflow (document routing) software.
This annual maintenance contract provides essential software upgrades, software patches
(repairs), and telephone support services for our department. In addition to software support,this
maintenance contract also provides essential hardware support for the storage and the scanning
stations used in the Police Department. These scanning stations create all of the images used
inside the document imaging system. The workflow software and the scan stations must be
maintained with current software so that critical law enforcement documents can be available to
police personnel around-the-clock.
City Attorney Review:
Supporting Documents:
reso 3379 (PDF)
agrmt 3379 (PDF)
Inv-10177—from_ECS_Imaging (PDF)
Sole Source- ECS (PDF)
Exhibit 1 - ECS Maintenance- Support Agreement for Laserfiche (PDF)
Undated:7/29/2014 by Jolena E.Grider B Packet Pg. 160
RESOLUTION NO.
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
3 VENDOR SERVICES AGREEMENT AND THE ISSUANCE OF AN ANNUAL
4 PURCHASE ORDER FOR MAINTENANCE OF THE POLICE DOCUMENT
IMAGING SYSTEM WORKFLOW SOFTWARE AND SCANNING STATION
5 HARDWARE/SOFTWARE TO ECS IMAGING,INC.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUCIL OF
THE CITY OF SAN BERNARDINO,AS FOLLOWS:
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$ SECTION 1. That the City Manager is authorized and directed to execute a Vendor
9 Service Agreement with ECS Imaging, Inc. for maintenance of the Police Department's c
Document Imaging System Workflow Software and Scanning Station Hardware/Software in E
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11 the total amount of$28,177, a copy of which is attached hereto as Exhibit "A". E
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SECTION 2. That the Director of Finance or his designee is authorized and directed
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to issue an annual purchase order for $28,177 to ECS Imaging Inc., of Riverside, California
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for maintenance services. The Purchase Order shall reference the number of this Resolution J
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16 and shall incorporate the terms and conditions of the Vendor Services Agreement which is on w
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file in the City Clerk's Office. The Purchase Order shall read, "Annual FY 2014/2015
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contract for annual software and hardware maintenance services. Not to exceed$28,177." M
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20 SECTION 3. This purchase is exempt from the formal contract provisions of San
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21 Bernardino Municipal Code Section 3.04.010(B)(3), "Purchases approved by the Mayor and E
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22 Common Council."
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23 SECTION 4. The authorization to issue the above-referenced purchase order is
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rescinded if not issued within sixty (60) days of the passage of this Resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
2 VENDOR SERVICES AGREEMENT AND THE ISSUANCE OF AN ANNUAL
PURCHASE ORDER FOR MAINTENANCE OF THE POLICE DOCUMENT
3 IMAGING SYSTEM WORKFLOW SOFTWARE AND SCANNING STATION
4 HARDWARE/SOFTWARE TO ECS IMAGING,INC.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting
7 thereof, held on the day of 2014, by the following vote, to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ E
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11 BARRIOS E
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19 Georgeann Hanna, City Cleric
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The foregoing resolution is hereby approved this day of , 2014.
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23 R. Carey Davis,Mayor
City of San Bernardino
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25 Approved as to form:
Gary D. Saenz, City Attorney
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27 By:
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Exhibit"A„
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND ECS IMAGING INC. FOR MAINTENANCE OF THE
POLICE DEPARTMENT'S DOCUMENT IMAGING SYSTEM
This Vendor Services Agreement is entered into this 1st day of July,2014 by and
between ECS Imaging Inc.,of Riverside,California("VENDOR") and the City of San
Bernardino("CITY" or"San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for annual maintenance of the Police
Department's Document Imaging System as outlined in VENDOR's "ECS Maintenance/Support
Agreement for Laserfiche"included with this agreement as Exhibit"I"; and ;,
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WHEREAS,renewal of the above referenced annual purchase order is needed at this time; S
NOW,THEREFORE,the parties hereto agree as follows: E
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of o
VENDOR to provide those products and services as set forth on Exhibit "1,"attached hereto and °
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incorporated herein. 2
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall J
pay the VENDOR up to the amount of$28,177.00 for services set forth and quoted in w
Exhibit"1"
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
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3. TERM; TERMINATION. �?
The term of this Agreement shall be for a period of one year, from July 1, 2014 to June M
30, 2015. E
This Agreement may be terminated at any time by thirty (30) days' written notice by a,
either party. The terms of this Agreement shall remain in force unless mutually amended. The f°
duration of this Agreement may be extended with the written consent of both parties.
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4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, Q
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
Vendor Sry Agrrnt(City - ECS).docx
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Exhibit"A"
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 a�
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 E
change in or termination of the policy.
6. NON-DISCRIMINATION. a
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.
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7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and M
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 M
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.
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8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. E
VENDOR warrants that it possesses or shall obtain prior to execution of this Agreement, r
and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and Q
any other Iicenses, permits, qualifications, insurance and approval of whatever nature that are
legally required of VENDOR to practice its business or profession.
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Vendor Sry Agrmt(City-ECS).docx
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Exhibit"A"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:
Jason Suarez Ms. Debbi Bodewin
City of San Bernardino ECS Imaging Inc.
300 North "D" Street 5905 Brockton Ave. Suite C
4th Floor—IT Department Riverside, CA 92506
San Bernardino, CA 92418 (909)787-8768
Telephone: (909)384-5947 s,
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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, E
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its a
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions o
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 v
purposes of this paragraph. `CD CD
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
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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 M
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 Cl)
for the term of this Agreement. E
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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 E
Bernardino, State of California or the U.S. District Court for the Central District of California, .2
Riverside Division. The aforementioned choice of venue is intended by the parties to be a
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
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Vendor Sry Agrmt(City-ECS).docx
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14. SUCCESSORS AND ASSIGNS. Exhibit"A"
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 v
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 a,
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect. E
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 o0
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 2
such waiver shall be in writing and signed by the party against whom enforcement is sought.
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Exhibit"A"
18. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject matter of
this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: ,2014 VENDOR.
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Dated , 2014 CITY OF SAN BERNARDINO o
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By:
Allen Parker, City Manager
Approved as to Form: v
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Gary D. Saenz,City Attorney
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Invoice
. • • Date Invoice#
7/7/2014 10177
Bill To Ship To
City of San Bernardino PD City of San Bernardino PD
Accounts Payable Jason Suarez
710 North D Street B-Bldg-PSG
San Bernardino,CA 92401
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P.O. Number Terms Project Rep Due Date Job# County E
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Annual Renewals Net 30 Debbi 8/6/2014 San Bernardino a
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Quantity Description Price Each Taxable Amount 2
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1 LF Avante MS SQL with Workflow LSAP 1,000.00 1,000.00
35 LF Avante Named Full User with Snapshot and Email LSAP 100.00 3,500.00 J
1 LF Standard Public Portal LSAP 5,000.00 5,000.00
35 LF Avante Web Access LSAP 20.00 700.00 w
35 LF Avante Advanced Audit Trail LSAP 20.00 700.00
1 LF Avante Quick Fields Validation LSAP 120.00 120.00 w
1 LF Avante Quick Fields Real Time Lookup Validation Package LSAP 120.00 120.00
1 LF Avante Quick Fields Zone OCR-Validation Package LSAP 560.00 560.00
1 LF Avante Import Agent LSAP 390.00 390.00
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1 XF 8120 Spectrum, 1 Yr.O/S Post Warranty S/N:MXJ8180128 3,517.00 3,517.00
1 Ngenuity 912513C, 1 Yr O/S Post Warranty S/N:K47444017 3,696.00 3,696.00 c4
1 Kofax Integration Annual Software Support Coverage from:08/25/14-08/24/15 1,495.00 1,495.00 E�
1 Prostor Model 3 1 Yr Warranty S/N: 1000619 1,379.00 1,379.00 Cn
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Annual ECS Priority Support/Consulting including 40 hours on-site,remote,and 6,000.00 6,000.00
phone support for installed Laserfiche version during the period of 07/28/2014 0-
through 07/27/2015 up to 1/2 of the hours for install of new version updates.
Minimum Onsite Time is Calculated at 2 Hours.
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**Your current organization LSAP's expire on 07/27/2014-Laserfiche imposes a 0.00 0.00 rl
10%reinstatement fee for each month of an expired LSAP-support may be c
effected if your payment is not received in our office at least 7 days prior to the
expiration date**
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All Software,Licenses and Updates will be downloaded from the Laserfiche 0.00 0.00
website.
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LSAP=LaserFiche Software Assurance Plan includes product updates and enhancements for Subtotal $28,177.00
12 months.
- Sales Tax (8.0%) $0.00
Total $28,177.00
Phone 951-787-8768 * Fax 951-787-0831
5905 Brockton Ave., Ste C * Riverside,CA 92506 * support@ecsimaging.com Packet Pg. 168
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
TO: Purchasing Manager
FROM: Jason Suarez, Public Safety I.T. Manager
DATE: July 14, 2014
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SUBJECT: Justification for Sole Source Purchase -ECS
A Sole Source purchase for Document Imaging System maintenance services by ECS
of Riverside, California is justified because ECS installed and tailored the Police
Department's Laserfiche Document Imaging System. As part of the installation, ECS —
programmed/customized business workflows that are used by the Police Department to
route law enforcement documentation to the proper personnel.
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X (Print Name) Jason Suarez J
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Requisition#
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Exhibit "1"
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ECS Imaging Maintenance / Support Agreement for Laserfiche >�
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Basic Laserfiche Software Assurance Plan (LSAP) Support
Basic LSAP support provides access to Laserfiche technical support and updates through your
Value Added Reseller (VAR) and includes: E
• Telephone support within 24 hours. o
Product updates °
100% credit towards product upgrades
24/7 access to the Knowledge Base, discussion forums and other educational resources
on the Laserfiche Support Site.
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ECS Priority support W
ECS Priority Support is an additional support plan to enhance the basic LSAP. While LSAP M
offers basic phone support response within 24 hours ECS Priority Support responds
immediately to the customer's needs and concerns. Our experienced tech team is standing by
to respond within 2 hours of our customer's call. Customers with Priority Support each have a It
dedicated account manager familiar with your organization and specific solution to provide
consultative check ups and additional care. _J
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Priority Support includes: c
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1. Unlimited Telephone Support: ECS will respond within two hours by telephone, when the
customer contacts ECS utilizing the single point of contact support line. A toll free number is Q
also available and a dedicated email address for requests: support(decsimaging.com.
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2. On-site and Remote Remedial Support: This support includes 80 hours on site and/or
remotely to update Laserfiche system with new releases, updates, fixes, enhancements, N
assistance in future planning of Laserfiche products, consulting, project management and
additional training. When working through a problem via phone and the resolution requires
additional effort, ECS will schedule to be on-site within the next business day. Up to half of
the hours can be utilized for a major release. c
Onsite time is calculated for time onsite only to the nearest hour with a 2-4 hour minimum. Cn
Online remote time is rounded to the nearest 15 minute increment. U
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3. Hardware Support: Warranty administration and installation of warranty repaired items
purchased through ECS.
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4. Software Support: Installation of Laserfiche Software updates and modifications. Additional
training on new features as required. Software by other manufacturers will be the Clients
responsibility.
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3720 Sunnyside Dr. Suite 200 e Riverside, California 92506
Phone 951-787-9768 • Fax 951-787-0831 • support(a)ecsimaginq.com • www.ecsimaging.com
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5. Additional On-site Support: Available at $187 per hour when extraordinary situations occur. W
An example might be system corruption for unknown reasons or system tampering at client
site. Network support is always a chargeable item.
6. Consulting Support: When ECS is on site, we will audit the system and determine
system/application modifications for consistency. --
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7. Travel time and lodging are included. E
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8. Support hours are Monday through Friday, excluding major holidays, 7:30am to 5:00pm a°
PST.
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9. Annual Support Contract Dates are listed on Invoice.
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3720 Sunnyside Dr. Suite 200 • Riverside, California 92506
Phone 951-787-9768 • Fax 951-787-0831 • support(a-),ecsimaging.com •www.ecsi'maging.com
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