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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date May 21,2003
Subject: Resolution authorizing the
execution of an Agreement between the
City of San Bernardino and Trimble
Navigation Limited to engage in a pilot
test of a vehicle locating system on ten
City refuse trucks.
From: Lynn Merrill, Director
Dept: Public Services
ORlGlNAL
Meeting Date: June 16, 2003
Synopsis of Previous Council Action:
Recommended Motion:
Adopt resolution
4!#J
Signature
Contact person Lynn Merrill, Director
Phone:
5140
Supporting data attached:
Ward:
All
FUNDING REQUIREMENTS:
Amount:
$15,273
Source:
527-413-5704
Miscellaneous Equipment
Finance:
!2hltt/
Council Notes:
\2="'-0 ,loL '2. c)()3~ \ 3 9
, I J to//)3
Agenda Item No. ').[
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution authorizing the execution of an Agreement between the City of San
Bernardino and Trimble Navigation limited to engage in a pilot test of a vehicle locating
system on ten City refuse trucks.
Background:
The City of San Bernardino Refuse Division provides refuse collection to residences
and businesses throughout the City. This service places approximately fifty (50) trucks
on City streets and local highways every day.
Currently, the Refuse Division uses two-way radios to maintain contact with the drivers
of these trucks. This presents an ever-increasing communication problem for the
Division as it has vehicles that travel as far as twenty (20) miles away from City limits.
Trimble, Inc. is the leader in vehicle locating systems within the Ready-Mix Cement
industry and is seeking to branch out into the Refuse industry. Trimble's system is
currently being used by a private refuse company in Denver, Colorado. The City of San
Bernardino would be one of the first municipalities to use the Trimble System. In an
arrangement with McNeil us Truck Manufacturing, vehicle locating hardware will be
installed on the ten (10) McNeil us trucks that the City owns. Trimble has agreed to
provide a pilot test system, through the McNeilus organization, for installation on these
ten (10) trucks. In the event the City determines the pilot program is not successful,
Trimble, Inc. will reimburse the City 100% of all hardware costs and 50% of the total
installation costs for a total of approximately $11, 200 (see Agreement 4.2.6).
The vehicle locating system is primarily used as a dispatching system. The locating
system will not eliminate the need for two-way radios as verbal communication is still
needed for dispatch to explain route changes to drivers. The system allows the refuse
dispatcher to disperse the closest vehicle to service calls. The system also allows for
the Customer Service Center to relay accurate information to customers such as the
approximate time of arrival for service, and whether a truck is in or near their area; thus
improving routing efficiency. Most importantly, the system provides a safety mechanism
for the Refuse .Operators. The vehicle locating system has alert capabilities that will
display a signal to the dispatcher when a vehicle has been motionless for extended
periods of time, excluding breaks and lunch periods. In many cases the operators are
alone on the trucks traveling as far as twenty (20) miles from the City and if the radio
should happen to fail, there is no communication between the driver and the City.
Without a direct line of communication with the dispatcher and/or a supervisor the
operator and the Division are unable to relay vital information such as damage to a
vehicle or an injury to an employee.
Financial Impact:
The test will be funded from Fiscal Year 2003/2004 Account No. 527-413-5704,
Miscellaneous Equipment, in the amount of $15,273. Trimble, Inc. will refund $11,200
if the system does not meet the criteria for success.
Recommendation:
Adopt resolution.
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RC~~1L
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND TRIMBLE NAVIGATION
LIMITED TO ENGAGE IN A PILOT TEST OF A VEHICLE LOCATING SYSTEM ON
TEN CITY REFUSE TRUCKS.
WHEREAS, The City of San Bernardino Refuse Division provides refuse
collection services to residences and businesses throughout the City, utilizing
approximately fifty (50) trucks of various sizes on City streets and local highways every
day; and
WHEREAS, Trimble Navigation Limited (Trimble) is the leader In vehicle
locating systems within the Ready-Mix industry; and
WHEREAS, The City of San Bernardino Refuse Division owns ten (10)
McNeil us refuse trucks and Trimble has arranged through McNeilus Truck
Manufacturing to provide the vehicle locating system for installation into the City's
McNeil us refuse trucks as a pilot.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor of the City of San Bernardino, or her designee, is
authorized to execute the Agreement between the City of San Bernardino and Trimble
Navigation Limited for a pilot vehicle locating system program for the Refuse Division.
SECTION 2. The Agreement shall reference this Resolution No. 2003-
and shall read, "Vehicle locating system pilot program", not to exceed $15,273 and
shall incorporate the terms and conditions of the Agreement, which is on file in the City
Clerk's Office.
SECTION 3. The authorization to execute the above referenced Agreement is
rescinded if not fully executed within sixty (60) days of the passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND TRIMBLE NAVIGATION
LIMITED TO ENGAGE IN A PILOT TEST OF A VEHICLE LOCATING SYSTEM ON
TEN CITY REFUSE TRUCKS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2003, by the
following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution IS hereby approved this
,2003.
day of
Judith Valles, Mayor
City of San Bernardino
23 Approved as to
Form and legal content:
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25 JAMES F. PENMAN,
City Attorney
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AGREEMENT FOR SUPPLY OF
HARDW ARE AND SOFTWARE FOR
REFUSE VEHICLE LOCATION PILOT
Between
TRIMBLE NAVIGATION LIMITED
("Trimble")
And
CITY OF SAN BERNARDINO
("City")
Dated: April 21, 2003
Hardware and Software Agreement
City of San Bernardino
Page I
I. DEFINITIONS
1.1 "Hardware" means the equipment listed in Exhibits A and B, attached hereto and
incorporated herein by this reference.
1.2 "Software" refers to the object code supplied through a web-browser interface.
1.3 "Provider" refers to the entity that Trimble acquires wireless networking services through.
2, PURCHASE OF HARDWARE
2.1 Purchase
Subject to the terms and conditions set forth in this agreement, Trimble shall sell to City, and City
shall purchase from Trimble, the items of Hardware listed in Exhibit A, attached hereto and
incorporated herein by this reference.
3. SUPPLY OF SOFTWARE
3, I Application
The City acknowledges that the actual deliverable for software is provided for though a web
interface. This web-based application is hosted solely on Trimble's servers. The service
agreement for use of the application can be found under Exhibit B, attached hereto and
incorporated herein by this reference.
4, PILOT STATEMENT OF WORK
4, I General
4.1.1 This pilot program provides for the installation and evaluation of the Trimble
product on ten (10) refuse collection vehicles previously manufactured by
McNeilus and currently owned andlor operated by the City front load type
vehicles, which will enable vehicle location and event/sensor status monitoring.
4.1.2 The City will identify the vehicles to be used in this pilot, and make them
available for installation at either the City's Corporate Yard or by transport to
McNeilus facility located in Colton, California.
4.1.3 The installation will include lift sensors that provide event notification to the
Trimble system whenever the lift is raised and lowered (activated/deactivated).
4.1.4 On a daily basis, the Trimble system will provide collect and store information
on the number of stops (jobs) performed and the route or path traveled by each
vehicle being monitored, and will provide this information to the City by route
on a daily basis.
4.1.5 The City will provide regular feedback, both verbally and on occasion in written
form, on a daily basis as needed during the trial period.
4.1.6 The City will allow Trimble to make modification as need during the pilot to
fun her refine the application for use in a refuse environment. Such
modifications shall be made at a time mutually convenient to both panies.
4.1.7 The City will pay for installation, hardware and service fees during the course of
this pilot, with the exception of those costs defined under section 4.2.4 of this
agreement.
4.1.8 The standard size order (number of units) will be determined by the City of San
Bernardino at the end of the pilot program, based on program success and
budgetary limitations.
Hardware and Software Agreement
City of San Bernardino
Page 2
4.1.9 DUring the pilot period, the City will allow Trimble 10 utilize their account for
demonstration purposes. Trimble acknowledges the confidentiality of the data
provided by the City, and warrants that the data and information provided will
be kept in the strictest confidence, and will not be shared with any third party
without the express written consent of the City of San Bernardino.
4.1.10 The hardware installed in the selected vehicles will be GPRS ready units.
Trimble warrants that these units will work within the geographical boundaries
of the City of San Bernardino. In the event that the GPRS service is not
available, Trimble will replace the hardware with CDPD units until which time
GPRS is fully implemented. This exchange of hardware to be at no additional
cost to the City, and covered under warranty as specified under this agreement.
4.2.1
4.2 Timeframes
4.2.2
4.2.3
4.2.4
4.2.5
4.2.6
4.2.7
Upon execution of this agreement by all parties, the City will make available the
vehicles specified under this agreement. Installation of hardware by Trimble, or
their contractor to be completed within one (I) week from date of signing by
both parties and issuance of purchase order for this system by the City.
After the hardware has been successfully installed, the City will begin live
testing of the Trimble product. This testing shall start within the first week
following installation.
This pilot program shall run for one hundred eighty (180) days unless all parties
agree in writing to an extension of time in order to perform additional testing,
demonstration of system or evaluation
If, at any time during the pilot program, it is determined, by the City, that the
system is not performing as set forth by Trimble and/or an agreement for an
extension is not reached within thirty (30) days, Trimble will arrange for the
immediate removal of their hardware, and reimburse the City for 100% of all
hardware costs. In addition, if Trimble is unable to correct and/or modifY the
system to the satisfaction of the City, the City therefore reserves the right to
terminate the pilot thirty days after written notice to Trimble. In the event of
early termination by the City, Trimble shall be therefore subject to the
conditions set forth in paragraph 4.2.6.
Fifteen (15) days prior to the completion of the pilot program, the City shall
make a determination regarding the Success or failure of the pilot program,
In the event that the City determines that the pilot program was not successful in
meeting the Criteria for Success set forth in Section 4.3 or under Section 4.2.4,
Trimble will therefore: I.) Arrange for the immediate removal of their hardware
and make appropriate repairs necessary to return the trucks to their original
condition at the time when the hardware was installed; 2.) Reimburse the City
for 100% of all hardware costs; 3,) Reimburse the City for 50% of total
installation costs upon the decision not to continue with the program.
During the pilot both parties reserve the right to discontinue said pilot for any
reason but must provide a fifteen (15) day written notice.
. .
,
4.3 Criteria for Success
The intention of this pilot is to evaluate the Trimble system on McNeilus trucks, and to
determine the applications' viability for the City of San Bernardino and other agencies in
the refuse industry.
4.3.1 Successful implementation of this program will include: I.) The ability to
collect, store, process and retrieve truck specific data on a daily basis including
route path during daily operation, recordation of time of each stop made by truck
when the arm was activated; 2.) The ability to retrieve data from the Trimble
Hardware and Software Agreement
City of San Bernardino
Page 3
web site on a real-time basis in order to determine specific location of trucks: 3.)
The ability to download. store and print a daily report on the activities of each
truck at any time during the normal working day. 4.) The ability to store and
retrieve historical data on arm activation/deactivation events.
4.3.2 As an option. Speed/vehicle movement data. combined with arm sensor data
\vill provide confirmation that the arm is in the "locked" position \vhile moving
This option to be evaluated for inclusion at the end oflhe pilot program.
4.3.3 Information on vehicle direction obtained through the Trimble system \I,'ill be
provided in cohesive form for assisting the City in determining efficient vehicle
routing.
5. PRICES
The price for each item of Hardware, Software, and Wireless Service is set forth in Exhibits A &
B. attached hereto and incorporated herein by this reference.
6. TAXES
Prices do not include any taxes, now or hereafter enacted, or any other amounts payable to
governmental authorities. arising out of the sale of Hardware or the distribution of Third-Party
Software by Trimble to City. Client shall reimburse Trimble for any tax or duty paid by Trimble
(other than taxes on Trimble's net income).
Hardware and Software Agreement
City of San Bernardino
Page 4
7. PAYMENT
Upon receipt of Hardware and wireless service. Trimble shall invoice the City for the purchase
price of each item. The purchase price for each of hardware and wireless service shall be due and
payable within thirty (30) days ITom date of invoice.
IN WITNESS WHEREOF. the parties have caused this Agreement to be executed by their duly authorized
representatives.
CITY OF SAN BERNARDINO
TRIMBLE NA VIGA TION L1MLTE~
) ~.
B? ) L-.~ / l
Title: I Di'\ - . -+-.c {
Date: 't -, if 0-'
645 North Mary Drive
Sunnyvale. CA 94088.3642
By
Title:
Date:
Address: 300 North D Street
San Bernardino, CA 92418
Hardware and Software Agreement
City of San Bernardino
Page 5
EXHIBIT A
TELEVISANT SERVICE AGREEMENT
Hardware and Software Agreement
City of San Bernardino
Page 6
~~ Trimble
Agl"'~n.,nl r\umber
(,t} Sial<: Z"
San Bernadino CA 92418
Bu.,""..Pho"" BUSlIJe"fd'
I Jf d,tfel'l:1l1 fmm Compan~ Add,."" I ell) SUlle Zip
Same Same Same
BuslnessPllooe Bu.meuFu
483::;::;-3]
Dis alch Service Plan
$49.95
$000
$0.00
$0.00
$0.00
$0.00
$0.00
Total $
PLUS APPUCABLE TAXES AND DUTIES
TERMS AND CONDITIONS
1. Service: Trimble will prOVide Customer With the followlrIg- OIl a subscription 10 Trimble's web-based Telvlsanl service and b) Wlreless dala communications
serVIce, (collectively the .Servlce") over the term of this agreement (this "Agreement"). Any on-Slle training or suppClrt requested by Customer WIll Involve
additional charges Customer must purchase the necessary ill-vehicle hardware separately from an authOrized Trimble Reseller All sollware lIems delivered 10
Customer under this Agreement are licensed and not sold. Customer use of any software items covered by thiS Agreement shall be governed by the prOVIsions of the
relevant End User License Agreement Included WIth the software, ifany. Customer's and Customer's end users' ("End User(s)1 use of the Service shall be subject to
thiS Agreement and the Terms of Use. incorporated herein by reference, posted at Tnmble's seMce web Site, but in the event of iI conflict, the Terms of Use shall
prevail
2. Agreement Tenn: This Agreement \/VIih Trimble will be in effect for the full term set forth above in thiS Agreement (the "Term1 commencing upon Trimble's
accepiance of this Agreement (the "EffeciMl Date1 Cancellallon by Customer of the SerVIce, in whole or In part, before the end of the Term IS subject to a
termination fee equal to the monthly charges times the number of months of Service remaining under the Agreement. After the expiration of the Term, the
Agreement WIll automatically renew on a month-io-month baSIS and either Customer or Trimble may cancel the Service at any time by notifYing the other party
one (1) month prior to cancellation, Monthly charges for the Service are billed in advance and are not refundable if SerVIce is discontinued In the middle of a
billing cycle, Any time after the initial term, Trimble may change the pnce for Service by giving Customer notice thirty (30) days before the effective date of the
chilnge Upon terminatIOn of Service (or any reason, Customer agrees to discontinue use of the SerVIce and either return or certify as destroyed all copies of
software,and related materials and documentation obtainedlhroughthe Service
3, Risk of Loss: Risk of Loss Customer IS responSible for any risk of loss for the hardware equipment required to communicate With the SerVice, from any
cause, Including vehicle failure, theft, fire, collision, tampering, and vandalism Despite any such loss, Customer shall not be excused from liS performance under
this Agreement
4. Payment: All prices are stated and shall be paid In United States Dollars unless otherWIse Irldlcated In the Agreemenl. Customer Will, upon i1pprOVill of th8
Agreement, pay the amounts owed under the Agreement, Irlcluding any applicable ta~es or duties Customer also agrees to pay charges that result directly or
indirectly from gov8rnment regulations or mandates. Trimble WlII endeavor to give Customer reasonable pnor'Mltten notice If any such costs andlor charges are
implemented after Customer's SerVIce activation date. Customer "";11 be billed for Service, on a monthly baSIS, at the rate indicated In the Agreement,
commencing upon initial use of the Service, pro rated, if appropriate Service charges are billed monthly, In advance, and are due and payable on the 1st of the
month. in the event that Customer fails to make timely Service payments, Trimble will be entitled to impose late charges of 2% of the unpaid amount for each
month that the amount is unpaid, terminate thiS Agreement andlor suspend Customer's Service In the event Service IS suspended (which suspension may be
granted, conditioned or denied In Tnmble's sole discretion), Customer Will be billed a f8e of one hundred filly dollars ($15000) per unit upon restoration 01
Service. Trimble shall have the contmUlng right to approve Customer's credit and change Customer's cred~ terms. Trimble reserves the right to require a security
depOSit from Customer in ,IS sole discretion No off-sets by Customer In paYing the fees set fonh herem are allowed Without Tnmble's pnor written approvalm its
sole discretion
5, Defaull: If Customer failS to pay any amounts due under thiS Agreement, breaches any prOVISion of thiS Agreement, or if Customer makes an assignment for
the b8nefrt of creditors, wh8ther voluntary or Involuntary, Tnmble may terminate thiS Agreement and I) receive from Customer all amounts due under thiS
Aareement olusthe costs of collection ,attornev'sfees and collection aaencv charaes and III oursue anvot herremedvatlaworlneOUltv
6, Customer's Representalions iIlnd Warranties to Trimble: Customer represents and warrants, to Trimble, and Tnmble rehes on the fact that a) all corporate
and other authonzatlons reqUired of CuStomer to enter Into and fully perform Customer obligations per this Agreement have been obtalrled, bJ the indiVidual
approving thiS agreement is duly authorized by Customer; c) Customer assumes all responslbillly for ItS End Users and ensure their compliance With the terms of
thiS Agreement and the Terms of Use, and d) Customer will observe and abide by all applicable statutes, laws, ordinances, rules and regulations In addition,
Customer acknowledges and agrees that applicable FCC rules and regulations are sub)ectto change and Trimble, al ItS sole discretion, may modify this
Agreement, to comply W1th any such changes Without liability to Customer or any third pany
1. Network Coverage: Customer acknowledges that Trimble's Service and network access are subject to transmiSSiOn limitations caused by a variety of filctors
such as atmosphenc conditions, topographical obstructions, limitations or lack of coverage of the underlymg carrier serVIce and other natural or manmade
conditions In addition, motor and Ignition nOise, metal Shielding, Interference by users of the same or adjacent radiO channels may limit or Interfere with
coveraae
8, Interruption of Service; Trimble shall not be held liable by Customer or any third party for any loss or damage arlsmg from Service, or Its interruption,
transmiSSion errors, defects orany other cause, Includmg, but no t limited to, mterruptlon caused by the underlyrng carner. Tnmbledoesnot assume and shall not
have any liability for events beyond Trimble's control or the control of Trimble's subcontractors, or licensors, including, but not limited to, acts of God, acts of any
governmental entity, acts of publiC enemy, strikes orweather condlllons, In the event of a total Service outage ("Outage1 which IS not caused by the Customer
or ItS End User and which lasts lor a oerlod oflonv-eloht (481 hours or more. a credit allowance "";11 be made at Customer'$ reouest In the form 01 a om rala
adjustment of the fixed charges billed by Tnmble to Customer Periods of discontinuous Outage may not be accumulated In determining If an Outage has
continued for at least forty-eight (48) hours In order to receive such credit, Customer musl submit a WTltten request to Tnmble, stating the date and 10Ciltlon of
the Outilge, the account(s) affected, and such other information as Trimble may reasonilbly reqUire Such notICe must be received by Trimble WIthin t8n (10)
blJslness dilYs follOWing the last date of the penod of Outage. Except as provided herein, Trimble shalltncur no liability for Outilges
TERMS AND CONDITIONS
,. IlItsMs. O(S'M~.: SIlI"tI~lIO CuRtom,' may be ,utnctt6 or cancelled !ftn.tt I' II ",...nabl. Susptclon ofmill,l.' or f~uduletll un In t+I, ....", of rnisu,*
Of fraudulent un of the 5'M~I, .....t.uch includ.s, lIuI Is not limited to, (I) A1ttmpllng or ..."lmA ,nothl' 10 .ee.... .n", or ImOrftr, WIth th. commUI'nC:t\,lrI~
IneVer informllll0n ,bou! .nolhl' "",el4u cuttom.r; (ii) Tam"lrlng wnh or making an un'u1hOr1ztd lOennlcliClntO Ii'll nltWorll.. (in) 1"'I~~t"9 :II"y tmphfi"..
Inhanc:or!. ttp..''''. 0' othor a.Ylclt Uti, modify th. r.dle fr,qulnclo; used 10 p,oVld, UII SeNlet:; {III) Sub.cnptlon frlUd; (lY) U~lng lh, SIN,C' ,n ~uc:h :II
ma""" SO.S 10 int.,re,. U",,,sor'llb1r ~h the UCfl of SI''VICl by on. or mar. Olt'l,r WHII", tus-lamerS Dr End Utt'S or to inlerfere unl...ontbIJ with 11'...
und.rlYTng c~m.ft .lIlllly 10 pro,to. :UlYlf'; (" U8Ing 11'1. :10....1(:. 10 con'.r '.15''''. ..Iee.ou~. Of u"'i........l .",......ello,,; (...J U""I ,... 5;....110 .."lhDul
P'""'SSIO" on. Slol,n or 1051 d,wic:f; ('Ill) un.uthoTlud IIC:~SS: (Y1I1) liking ~"1 ICllonlltlllmp05u ~n U"lotson.bl. or dl'IIHOPll"10"~lol, Ilry. tOld CII" ,II.
$IrVICt ,n1..81:ruclurll: (Ill) U.in9thl StrviClln !:ueh. m.nl'll' Ihal n I~ not uttd In comS)ban" WIll'! FCC rult5. Tnmble m.y. WIlhoUl notlc... t~o ~l'ly Me....".
'1;I,on.lI~eludlnv Int.rrupting, fir l!'vtn tlrmin.ling C",~lam.(. SerVlt. Cu.tomllr wHl Il. f..pan51~1. to Tllmbl. for In)' ca.t5 '"l;Urred (.neludlng .norn.,.1 f..;)
II I rllull 01 mllutf or flludul,nt UIO olthl S.'Vltl CUllom.' ~lJr"s nollO ,...tI or 1'1.1;)11111.. S'I'Vlel JlIOYld.d to Customer 10 .n)' Olh,r 'nd"'.l!lol.1 or tntd,
10. W.".nty: TRIMBLE FURNISHES AND CUSTOMER ACCEPTS THE SERVICe ON AN "AS-IS, AS "VAllA.LE" BASIS wmt NO OTHER
alUlau.UTb.110HI oa WARRANTIES. EXPRESS OR IMPLIED UPlICltL Y DISClAIMING. WITHOUT LIMITATION. IMPLIED wARRANnES OF
MERCHANTABllllY. FIT"ES' FORA PARTICULAR PURPOSE.. WARRAIITlES OF SECURITY. AND I"FAlI(GfME"T. IIlfGM-DING THt 1IeAVlCE TO
CUSTO.!Ro OR ANY THIRD PARTY TO THE EXTENT TRlMlIIlf PROVIDES ACCESS fa INFORMATlQN PROVIDED BY ontER SOURe!S, TRI_BlE
ACCEPTS NO LIAlIUTY J:OR AND MAKES NO WARRANTIES. EXPRESS OR IMPLIED. WITH RESPECT TO THE COHUNT THEREOF. CUSTOMlR
HAS NOT RELIED ON AHO WILL KDT ClAIM THAT rt IS elfrtTlfO TO ~e DeNfPITS Of "H" "11""EDHTATIONG. PROMI$U, DECCAlPTlON O~
SERVICES OR OTHER STATEMVCT NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT. TI'I. partIn '0'" UIII thil is , 1;0nllaC:1 lor "mc.., !'IGl
goodl antllherlrcl"l thl Uniform Comm.rcl.1 Cod. d091 not ~Dply Trimble II not rlSpo",lbl, for plObllrnl c.u5.4,,. ch.ngtl m.d. by Cl/Stom.r, p.rOllltmt
Wll" Custom.' co...,""., "........... 0"".'"'' .1.1....... 0' oP.tfIt'''1 c"a..~I..t.III:... Of fa. lIP'Dbl.mc ." Ih. Int'flChon of Ina hardwa,e or lI'twa... with liOn-
T,.""bllloftw.r.I;Drnpontntl.
11. U.IlI111y UNtII.llon: THE EHl1R~ L1ABIUTY OF TRIMBLE AJlD THIRD PARTIES WHO CONTRI8UTE' TO THE SERVICE AND CUSTOJIIER"S
EJtClUSIVE REMEDT UNDI!R OR FOR BREACH OF THIS AGRUlleNT SHALL BE REf UNO OF THE SERVICE HfS PAlO FOR THE lWO MONTH
PfRIOD PMECEDING THE DAfE THE ClAJII AROSE. REGARDUSS OF AllY DEFECT IN THE SEMVla. SOFTWARf, COMMUNICATIONS
NUWORKS, OR NEGLIGENCE ON TRlMllll!"S PART. OR TRI.lll!" SUBCONTRACTOR"S PART AND RfGARtlLI!SS O~ THE ClAIM OR FoAM OF
ACTION. IN NO EVENT W1lll1U...lf AND THIRD-P,Ml1!5 WHO COtf11l.llUU TO THE. SERVICe: lIE lIABLE TO CUSTO'UR OR TO ANY Tl4IRD
PARTY FOR: ANV sPEaAL.. INQOfIlTAL. INDIR.ECT Oft CONlfQUEIfTlAl.. D~CJU WttAT50fVEft tlNQ.UDING. wrtMOUT l.IMITATION.
DAMAGE5 ~OR lOST PROFm, IIIUSINESS INTER.UPTlON. lOSS OF IUSINIESS '"FDR.AllON, COST O~ PROCURe_tNf OF SUBSnTUTI!
~OOD5. OR ANY OTHe. PI!CUNIARY LOS$) THAT CUSTOMER OR ANV THIAD PARTY MIi#HT INCUR DUE TO OJSlDM!R" USE OR 'NABIlfTY TO
use T"t TIUM!lIH Se:ftVlCt: Oft nu..LE"!I NtoILU"1 TO PROVIDE SUp.OaT SliAVtCiS. liVEN I~ TAlNIlLE HAS IUN ADVISED OF THf
POSS'BILlTY O. SUCH DAMAGES. CUStOMER ASSUMES AU RISK O~ USE O~ tHE SER\IlCE. ,"o.UOI"G. But NOt LIMItED to. l>IE RISK O~
11V'FFIC ACODENTS WHILE USING THE SlIMCE. THE SERVICE IS NOT GUAAAlffElD AGAINST EAVESDROPPERS 0,," INTERCEPTORS,
curtOMIR AGAl<n; TWAT 'fIUIIIILE: SN6I.l Not IE: lIABLE TO CUSTOMER OR ANY THIRD PARTY FOR LACK OF PRIVACY OR SECURITY,
c.'lOm.r al'''' \0 II.I.nd, Ind.mnlry allll hold harml-. Trlmbl. .ntl "'rill ,.nt.. who conlllbult to th. S.me:. DClft' 'ftJ Ion. n.lIIl..., " d."",..
etln.."v.nttol or .th....... eccoelon.d Q', INwlft' out of, or .rlolll' hi'll euatam.r'llIIr..dt .fdlll. Allr..",.nt, u.. or lllBuM ofdla S'Met .r.",
otlt.r.ct Of 1.llur. to.et IIy CU.IO""'. CUd.rII.... ...,.. 0' .mpl.,.... Tht f.ilul. 01 Cv5tomlr 10 p~rform dl obhgJlions. ","del .n)' ath" _,.tlm.,,1
blt",..n Trimbll .nd CUltom" shall b. II d.f.ult und.r thi5 Agr..m.nt.
12. AdAtnm.nt: ThiS A4rtllm.nt m.y not b, o,c!:lglled lnwholl or in ~"y JI:l" b, CUllom. I 10 ,n1 other .nUly W1thcut Ttimblo'~ Wlnl~I'l c:on..nl, 1'I1'Ii<:h rnay bll
"""Ihheld in Trlmbl.'s sole disc:rt1lol'l. lrimbi. r'''rloS thl rillhl to .U'ln 1hlS Agtl.manl or .ub"ntrac:t any of lis obligltion5 h.~unde' to I !turd ",,,,
13. !.,on: t;uttO~' .nlll nOt ...port, dt,.etly or ,"dl,.r.t1r. ."'7' I'..... DtW,,.ll '0,. "'11 ""'..M.1'lI to en,. cO"'""J ,,. ",.I:ulo" of a"y law or ,.gulaUlIII Inc:.ludlno
fthOUl Ilmlt.lIOn In}' law or rO!lulttlOn of In. US. GO'l'llmm." or .n)' 'V,ncy Cu!:lom.r II .Ol.t, f1spon=tbla for c:omplytng WIth Jill apphe:lble tApO" Ind Impolt
flgulalionc .nd obt.inlng Jill nlC'su~ upon Ind import lie.nu, or plnnitl .for Ihl dl,eel or Indillc.1 ..po"or ImpOrt of any Rim <:lIn'ld 'oJ Ihlt Agrum.nt
C~o....e...-ill 4.."'111, 1"".r'rI""r end ltall! T......l. h.,,,,,la.. .g""5.1 ,nrllabllh, Uneludlng attorn"e' f'.I) I""ng OW of Culto""llis f.t1ur. '0 comply Wllh Ihlt
t.rml olllli~ p~rtvr.pll
,.. W.wIJIP.rtlallnwolldlty: Thl faillol" of Trlmbl. to .xen::i" 0' Dnforet .n, filM or p'llvisJan 011111 .gr..m.1"t thall 110t c:onnitUlt . w.i". of suc:h ,Ig'" or
IIt~iClon. If Iny pl'tl't'ilion ofO,1C; Aarttm.nl il Mild~), t:aul1 ofcomp,l.m J\lltsdiCtlon 111 b. inv.lid. illl;,1 Or unlnforctlbl' to any ..t.nt, Ihll provllion 11'11111, if
pO",bl..1I1 COPl$lr\lOd IS though mar. narrowly drlWn. if I n,"~1Il1 e:Ontlructlon would t"OUI !S\ltn Ifl'lnGn,.. ml;.llIr 0' unonfOre..oIHt1, or, rtt"'all~"1;II
Pfl"lbi'. sueh Plo,i510" Ihlll. to the ,d.nl of ,ue:h l"nl~dity. illlgah'y or untllfOfC..lrility. b, ""r.d, .nd Ita. tem"nm, prowisions of thi. Agr"rntft\ shill
rlmaln in ,"lei. pro'ftd'd. hoWlv.'. Ihat Ih. toun. Ihlll h~". ,u1hOrity .nd jUfildicli1m to. lnet ,h.ll. .dd '0 1hiS Alrllm.nl . plOvilion Ii lilllllllln 1.1l'I't. end
t!ltl!"dld ,ff.tllO lut" sOYl!'red DlOvltiion .. m.l' be DOsttlll. .mI b. lta.1. ..elld I"d .nforC:llbl.
15. Nollcn: Ai1,. nOllCI rtl1l1illld ar ptlmittld und,r Ih.... Tftms .nd ConditIO"" wilt 'ot dum,d gi'." and I~fv.d when p"son,ll)' dalivlt,td, or b. (5)
bIl5;n.c:; d~ys II'tI' b.irrv ,,"1 ~,. rl!putlllll' lMlmllional eoul'l.r reClulting .ililnalwre fot ,0Ctlpt. .dd,....d 10 III. p3", II it. nlltiCl .ddrlll=. Elinor p.rty ma)'
Clhe",.. It. "et.Cf ....... by wnttl" ""I,e. I. the olh... Th. Cuslornll,',notl~ .dd..... ,h.n bl! its .ddl"l" 'PPI~nnlil on the nrSl p.g. of this Aa",om~l"II.
Tnmbl"s nOlTt. .ddt.u ,"all bt Tl'lmbl. N...lgahon LIMII.d. Mob,l. SoluhO"' Clvl,jon. 70 W O,ho,1 SI . Sultt 100. Ch,ndl.f. AZ B5726 USA. m;1'l COP)' to
Tllmbl. N.vililMiO" L,'rI'l.lrd. Atl,mion, G.n.ral Counul- Impol1,m 1.111'1 NllIItlU.l\4S North Milr, A",,..uo. SUtlr"vll.. Cllilom..9<l0B6, USA
18. G...".I. Tnll Ag,nm.nt, along wltnthl T.rms If Un Ind '1'11 "'I.v.nt .nd \1$*,111:1"" lo,..m.,,"s), conchlute Ih. Im"e agrllmlm b.lw.n Cullomer
Ind TTlmbll, ;IInd ~uptr..dn .ny .no ,II I'll or .ore.mlntl, n'9011"'lons ana commurlll;,1l0n~ (Wntlrr., wnn'n. 0.,1 or 1I10et'Il"lt) b~".." C,.'I....ct ..""
Tnm'olt with r..p.cIIO 11'1. S.mel No th."gll, modlf,tllion. 0' ",YI.r of lhl"rml Ind conditions of lhl! .Agr..m.nl. 5hlllll be bInding a". Trimlll, unl_U made
in ",ril,ng, wl\h TrImble'. Ipp,,,at ThIS Agrum.nt sh,lt b. govern'd by .nd l;on51ruld In letotdlnCI ..,th tho I....,. of th. .111. of C.I,fllml~ and .",Ict.bll
Un"'d Slllel 1'IIlI."II"". W11"OUt t.~,.ncI 10 .connlcl or 1__" .,.o.;.i."..' p.lnol"I... n,. u"".. N.llo". 00...."1;0... 0" t;;,...l'nl", fD' Int.",lliDrlII Sa!. or
Goods win rIOl IpJlly to 'hit AgI.I'M"I. JUntdlelion .nO \"n",~ 01 any dllplJt' or Il'il:ll 'Cllon broughl by "lhoT P21\1 .rltlng out of or r,l,llng to Ihl. Agrt.m.nt.
Ih. Il.ms Ot ..,..,C.. oro'tldld urad.r thit Aolltmlnt. or Ih. comm.rcl,1 rtlallllnshlp of the ll.rti,5. thIn lI, IXctutl.,.lr 'n. or bo lraPlSr.rrld 10. th, covrtl or Iht
County 01 SIn Boman:llno II'td ~.ConIrI! DIIlfld of Califo",il, C~lom" hlt.lly submit 'I, eonstntl. and ,;t"$ nOl 10 tom..1 .uch J\I.iJdlt:1l0n .nd v.nuI
CUSlomlt '91"115. l!'lat r.gardln. 01 'nJ 51-'utl or .I'w to lh. comr,ry, any tlllm or C'll" of aellon .rtainv 01Jt of or ,.I.lld to ust of till S'I'\'ICI muct b. m.d
wllhln on. (1) ~3r .fllt .uch cllll", .r C:3u~t of 'C'llon IUO'I IIr 'ofl fOl"lvtr b."ed.
11. Carn.r R.""I..tI 0_1....,.<<
(I) alSTOIIEII. HAS NO cotrrRACTUAl RELAnOHS HIP WITH THE UNDERLYING WIRELESS SERVICE CARRlEflI AnD CUFoMeR IS "OT
A THIRD PARty BENE~ICU\RT OF ANV AGREEMENt BETWEE" tRlMBLE AHD tHE UNDERL lI"G CARRIER. CuStOMER UNDERstAnDS ^""
AGREES tHAt tHE UNDERL VI"e CARRIER SHALL HAVE NO LEGAl. EQU'tABLE. OR OtHER LIABILITY OF AIIV RIND to CUStOMER. IN ANV
EVENT, REGARDLESS Of TME ~O_ OF THE ACTIO". WHET"E" fO", BRCACH OF CONTftACT. wAfIUtAJ11Y. HfOLIGfNC1. sTRICT UA81LITY 1M
ToaT OR OTHI;RWlSE:. CUSTOMEA'S txaU5M REMEDY FOR a.A1I1S ARISING 1M allY WAY IN CONN~crION WITH THIS AGAtE.EM. FOR
,,"'I' CAUSE WHATSOEVfR. IItClUD1MG SlIT NOT LIMITED TO ANT f""lURE: OR DISRUPTlON o~ SERVICE PR0Y10CO HERfUNDER. IS lIMnlD
TO "ATMI!HT OF DAMAGeS IN AN AMOUNT HOT TO EXCHD TNI .....OUIf'T .AlD .... CUSTalUR c:oa THE SERVlCn DURING THE TWO (1.)
MONTH PI:AlOD PRECEDING Tltf DATE THE Q.AlII AROS!
(b) CUSTOMER SHALL INDE_HIFY AND HOLD HARIIL!55 ntE UfilDIRLTlNG WIRelESS SERVlC.e. CARRIER. AND ITS OFFICERS.
EMPLOYEES, AND AGENTS AGAINST AM'I' AND All Q.A11lt5, IIta.UDING. WITHOU1' LIMITATION. o.AlMS FOR LIBel. SLANDER. OR ANY
PROPERTY DAMAGE, 'tRSO"AL IfUURY OR D!ATH. ARISING III ANYWAY. DIRECTLy OR INDIRECTl '1'.1" CONNEc;nOH WITH THIS AGIUEMENT
OR 11t1E U$t. FAlLUR.E TO USE. OR IMAIB..lYTO USE THE NUIIIBfR EXCEPT wtfERE THE a.AlMS RUUL T FROII THE UIIDERl VINe CARRIER'S
GROSS N!GLlG!NCE OR W1LlFUlIII'SCOMDUC1', TH'S IIIDfMHrTr SHAlL SUIMYE THE TERMINAllON O~ THE: AGREEMENT.
(C) QlSTOIIIER M5 NO PROPRIETARY RIGHT 1ft MY NU..C" ASSIClNfD TO rr NI~ UNDrASTAHDS THA1" AMV IiUCM HuMlIlA ~II ..
OtANGED FRO_ TIIIIt TO nMf:.
(d) CUSTOMER UNDI!ItSTAllDS THAT TRlIIBLE AND THE UNDERLYING CARRIER CANNOT GUARAHTtI: THE 5ECURlT't OF W1RELE5S
"TRANSMISSIONS. MD WILL "OT .e L.....Lr POA AM., LACK OF Cr;:CUAn"Y' A5I.ATlMC TO THE: USI O~ TWI S,EAVlCESii.
tNC OF TERMS.AND CONDITIONS
.
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EXHIBIT B
HARDWARE, SOFTWARE, SERVICE QUOTE
Hardware and Software Agreement
City of San Bernardino
Page 7
~.
~~~ Trimble
McNeilus.
AA OIhkc.n In.ck Corpoo:",,,,, Co",pO~,
PREPARED FOR
City of San Bernadino
Public Services Dept.
By
Chris Chappell
This Proposal Good for 30 days from ApIiI 24, 2003
@Copyright 1999- 2002 Trimble Navigation Limited. All rights reserved. The Globe & Triangle logo and Trimble are trademarks of Trimble Navigation 1
limited, All other trademarks are the property of their respective owners.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
'l~~ - [3 '1
Meeting Date (Date Adopted): iu- \ (:,~ 0:' Item #
Vote: Ayes 1-.) Nays Q
Change to motion to amend original documents:
'J."
L b Resolution #
Abstain .0
Absent.$
Reso. # On Attachments: ,/ Contract term: -
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
>.
Date Sent to Mayor:
Co - \ 'l\ -03
Date of Mayor's Signature: ~- \ Cj-O)
Date of Clerk/CDC Signature:
(, - ;)() -()3
Date
etter Sent for Signature:
See Attached:
See Attached:
See Attached:
60 Day Reminder Letter Sent 0
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655,92-389):
Copies Distributed to:
City Attorney /
Parks & Rec.
Code Compliance Dev. Services
Police Public Services,/' Water
Notes:
Null/Void After: ~() VPj j I %'- 15-Cl3
!
By:
Reso. Log Updated: /
Seal Impressed: ,,/
Date Returned:
-
Yes / No By
Yes No'/ By
Yes NoL By
Yes No / By
Yes NaY
EDA
Finance ..,/
MIS
Others:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: _
Date:
Revised 0 II 12/0 1