HomeMy WebLinkAbout39-City Administrator
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CIV OF SAN BERNARDWO - REQUIIT FOR COUNCIL ACFN
From: STEVE HALE
Data Systems Manager
Dept: City Administrator
Su~ect: Resolution approving contract with
PRC/PUBLIC MANAGEMENT SERVICES for
the system design, procurement &
installation of a computer aided
dispatch system.
Date: March 28, 1986
Synopsis of Previous Council action:
12/3/85 -- Council authorized the selection of PRC to provide a CAD system
and directed staff to prepare a final contract and financing agreement for
Council Action.
Recommended motion:
Adopt resolution.
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Signature
Contact person: S+,oua. H;=t 1 P
Phone:
5;>15
Supporting data attached: ye s
Ward:
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FUNDING REOUIREMENTS:
Amount:~.t'.r,. ,,1..
Source:
Finance:
Council Notes:
75-0262
Agenda Item NoJf,
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cAy OF SAN BERNAR.O - REQ.ST FOR COUNCIL A.ION
STAFF REPORT
The Honorable Mayor and Common Council approved the selection
of Planning Research corporation (PRC), on December 2, 1985,
to provide a computer aided dispatch system and directed
staff to prepare a final contract and financing agreement for
council action.
The contract presented incorporates the request for proposal
and other pertinent data into one document. The contract
sets forth the appropriate computer hardware and software.
It defines performance standards and hardware design
criteria. The contract has been extensively reviewed by the
City Attorney's Office to insure a clear definition of
relationships and to protect the City's interest.
The cost of the contract for acquisition of the computer
aided dispatch system is $ 551,732.06. The computer portion
of the contract will cost $ 306,834.00, the fire station
alerting portion will cost $ 106,012.81, and finally the
mobile status terminals for the fire department will cost $
127,281.57, the remainder of the $ 551,732.06 is sales tax.
The City Treasurer, indicates the funding for the computer
aided dispatch system will come from certificates of partic-
iption. The availability of these COP's is expected to
coincide with the funding requirements for the computer aided
dispatch system.
During the past 18 months city staff has worked to develop a
comprehensive program to meet the highly complex needs of the
city as it relates to computer aided dispatching. The final
approval of this resolution will set, in motion, the necess-
ary action to make computer aided dispatching a reality in
the City of San Bernardino.
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND PRC/PUBLIC MANAGEMENT SERVICES FOR THE SYSTEM
DESIGN, PROCUREMENT AND INSTALLATION OF A COMPUTER AIDED DISPATCH
SYSTEM.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
G, OF SAN BERNARDINO AS FOLLOWS:
G
SECTION 1. The Mayor of the City of San Bernardino is
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hereby authorized and directed to execute for and on behalf of
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said City an Agreement with PRC/Public Management Services for
!J I the system design, procurement and installation of a computer
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alded dlspatch system. A copy of said Agreement is attached
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hereto as Exhibit "I" and incorporated herein by reference as
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though fully set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
meeting thereof, held on the
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Bernar lno at a
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day of
1986, by the following vote, to
Council Members
Nl'lYS:
ABSENT:
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City Clerk
The foregoing resolution is hereby approved this _______ day
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1986.
Mayor of the City of San Bernardinc
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I Approved as to form:
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. I City Attorney
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AGREEMENT
(System Design, Procurement and Installation of
Computer Aided Dispatch System)
THIS AGREEMENT is made and entered into this day of , 1986,
between the CITY OF SAN 8ERNARDINO, hereinafter referred to as "CITY", and
PRC /Pub 1 i c Management Servi ces herei nafter referred to as "Vendor".
WIT N E SSE T H:
WHEREAS, City has a need for a computer-aided dispatch system and Vendor
has submitted a proposal (hereinafter referred to as "Proposal ") for the
purchase, installation and support of a computer aided dispatch system,
including computer hardware and supporting software and services, and Digital
Equipment Corporation (DEC) has granted Vendor a license to sublicense DEe's
software to the City and resell its equipment.
NOW, THEREFORE, in consideration of the premises and mutual promises and
covenants herein contained, the parties hereto agree as follows:
ARTICLE I
1. CONTRACT. The Contract consists of:
A. This document;
8. Exhibits A and 8, attached hereto and incorporated herein
by reference;
C. Technical Response of Vendor's proposal dated March 12,
1985 : and
D. Technical Requirements of City's Request for Proposals
Upon approval of the Detail System Design, it shall be the first
document to be used in the event of any technical conflict arising or
requiring interpretation, the second such document shall be the Vendor's
proposal and third in the order of precedence shall be any written
correspondence between City and Vendor.
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2. EQUIPMENT. SOfTW~PE. ~ND WORK TO RE PERfORMED. Subject to the
provisions hereof. Vendor agrees to supply the computer hardware. software,
and services as defined herein (cumulatively hereinafter referred to as
"System") in accordance with the Project Schedule. attached hereto,
incorporated herein by reference, and marked Exhibit~. The Schedule shall
commence on the first day of the month following the date first written above.
3. P~YMENT. In consideration of supplying the System, City shall pay
the Vendor $306.834.06 plus tax United States dollars in accordance with the
hardware and software schedule set forth in Exhibit R. attached hereto and
incorporated herein by reference. This aggregate consideration is inclusive
of all present and future federal. state or local sales. use. excise or
processing tax or any other tax or charge that is or may be imposed upon the
product and services provided herein save and except taxes on net incnme.
Vendor will submit invoices to City in accordance with said Exhibit R. and
City shall pay such invoices within thirty (30) days after the date of
milestone completion as specified in the Detail System Design. Exhibit R is
consistent with the following schedule:
HARDWARE - Fifty percpnt (50%) of the hardware price will be invoiced upon
delivery of the hqrdware. The remaining fifty percent (50%) shall be payable
upon satiSfactory completion of the Hardware Acceptance Test and Vendor
certifies that the hardware acceptance testing has been succpssfully
completed.
SOFTW~RE - As scheduled below:
Event
Delivery and approval of
the Detail Systems Design
Document
Delivery of Application
Programs (hy module) to be
divided by thp applications
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programs as defined in the
Detail System Design.
Payment as a percent
of the module price
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Completion of Training
Completion of
Acceptance Testing
Final Acceptance
10%
20%
10%
100%
4. DETAIL SYSTEMS DESIGN DOCUMENT. Vendor shall deliver for City's
approval a written Detail System Design, within 60 days following the date
first written above. Upon City acceptance of such document, it shall be used
as a guide for installing the CAD system. Failure of the parties to reach an
agreement on the acceptability of the Detail System Design within 60 days from
effective date of the agreement, either party may terminate this agreement
without liability to either party. The terminating party must provide thirty
(30) days written notice to the other party.
The Detailed Statement shall include, but not he limited to:
A. Definitive technical specifications and objectives for computer
aided dispatch system;
B. Acceptance criteria which shall be in accordance with the
following: (1) Hardware Acceptance Testing as described in Section 5.
(2) Software Acceptance Testing as described in Section 6.
5. HARDWARE ACCEPTANCE TESTING. Upon completion of installation,
Acceptance Testing of all hardware shall be performed by Vendor in the
following two (2) phases. The Acceptance Testing requirements of this section
also apply to substitute, replacement, and conversion hardware products that
are acquired by the City after any related system or product passed earlier
Acceptance Testing~
a. PHASE ONE. Vendor shall initially perform its
standard test procedures for City personnel and shall certify to City in
writing that each applicahle system, including without limitation all
applicable DEC control software, and all components are operating in
accordance with DEC published specifications. In the event Vendor is unable
to, or does not, so certify to City with ten (10) calendar days from the
installation date, the system and any applicable component will be deemed not
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to have successfully completed this
b. PHASE TWO.
phase of the Acceptance Testing.
Performance Period of DEC
Software/Firmware. With the advice and assistance of Vendor representatives,
City will operate the system, for five (5) business days, using all software
furnished by DEC. In the event the system fails to run such software, in
accordance with represented specifications, by failing to perform within two
percent (2~) of DEC's standard diagnostic tests or other demonstration
results, for a period of five (5) successive business days, City shall operate
the system for additional successive business days, until the system runs such
software for a period of five (5) successive business days. In the event such
failure continues in whole or in part for a period of more than thirty (30)
calendar days from the installation date, the system and any applicable
component will be deemed not to have successfully completed this phase of the
Acceptance Testing.
c. Performance Period - Hardware. The performance
period for Phase Two shall begin on the date the system sllccessfully completed
Phase One of the Acceptance Testing and shall end when the system has met the
standard of performance for a period of fifteen (15) consecutive days by
operating in conformity with DEC's technical specifications, as quoted in any
proposal, presentation, or representation to City, and as otherwise generally
published by DEC, at an effectiveness level of at least ninety-nine percent
(99~) with two processors or 90~ with one processor.
d. In the event the system fails to meet the standard of
performance during the initial fifteen (15) consecutive days, its performance
period shall continue on a day-by-day basis until the standard of performance
is met for a total of fifteen (15) consecutive days.
e. In the event the system or any component thereof fails
to meet the required effectiveness level after ninety (90) calendar days from
the installation date, the system or applicable component will be deemed not
to have successfully completed this phase of the Acceptance Testing.
f. Effectiveness Level. The effectiveness level for the
system shall be computed by dividing the operational availability time of the
system by the sum of that time plus failure downtime. The effectiveness level
for the component shall be computed by dividing the operational availability
time of the component by the sum of that time plus failure downtime.
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g. System failure downtime is defined as the accumulated
time during which the system (with CPU and backup CPU) is inoperable due to
product failure. Downtime for each i nci dent during the performance peri od
shall be measured from the time Vendor is notified of product failure until
the applicable product is returned to the City in proper operating condition,
exclusive of actual travel time required by maintenance personnel, but in no
event shall such travel time be calculated in excess of four (4) hours per day
on the day such maintenance service is requested. System failure downtime
shall not include any down or inoperable time that is due to City's failure or
City employee error to maintain its site environmental conditions at the level
specified in Vendor's site specifications and approved by Vendor during its
site inspection.
h. Operational use time and system failure downtime shall
be measured in hours and whole minutes or the decimal equivalents thereof.
i. City shall maintain appropriate daily records to
satisfy the requirements of this section, and shall notify Vendor in writing
of the date of the first day of a successful performance period.
j. City shall contract with Digital Equipment Corporation
for DEC Service maintenance. City shall be responsible for the maintenance
service upon installation of equipment.
k. Failure to Complete Acceptance Testing Successfully.
In the event the system or any applicable'component is deemed not to have
successfully completed any phase of the Acceptance Testing, as provided in
this Section, then City may, in its sole discretion, elect one (1) of the
following options, which election shall be effective upon written notification
to Vendor by City.
1. City may reject the system or component and request the
removal of the system or components failing to meet the applicable phase of
Acceptance Testing, and any related product, in which event all funds paid by
the City shall be refunded and all hardware and software shall be returned
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to Vendor and no other obligation will flow under this agreement.
2. City may demand, and Vendor agrees to install. within such
time period as may be mutually agreed in writing by City and Vendor prior to
City's election hereunder, a replacement which meets the same specifications
of the components or system failing to meet the applicable phase of the
Acceptance Testing, Such replacements, and the applicable system, shall be
subject to Acceptance Testing, as provided in this section. Vendor shall use
due care in the removal and replacement of such product.
3. City may pursue any other remedy hereunder or available at
law or equity or seek to enforce any damages, including any liquidated damages
set forth herein.
shall use of any
during any phase
by City.
6.
1. Use Shall Not Constitute Acceptance. In no event
product by City, for business, revenue or any other purpose
of Acceptance Testing, constitute acceptance of any product
SOFTWARE ACCEPTANCE TESTING. All software products furnished by
Vendor shall be subject to Acceptance Testing as follows:
a. Following delivery and installation of the software on
any system at City's site, Vendor shall certify in writing to City that the
software is ready for Acceptance Testing. With Vendor's assistance, City
shall, within fifteen (15) business days of receipt of such certification,
operate the software on such system to determine whether:
(1) The software meets the specifications,
performs the functions, and does not exceed the facilities usage or "run time"
limits and standards set forth in the Detail System Design; and
(2) The software is capable of running on a
repetitive basis on a variety of City's actual data; and
(3) The documentation for the software is in
accordance with the Vendor's proposal.
b. During the Performance Period of Acceptance Testing,
fifteen (15) days of operational use time with productive or simulated work
will be required as a basis for computation of the effectiveness level.
1. On the date the software meets these Acceptance Tests, City
shall so notify Vendor in writing within five (5) business days and the
software shall be deemed to be accepted, and the "term" of the applicable
software warranty shall be deemed to commence upon such notification.
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2. If the software fails to meet any or all of the ahove-
specified Acceptance Tests, City shall forthwith notify Vendor of such failure
in writing and Vendor shall have fifteen (15) calendar days after receipt of
such notice in which to correct, modify, or improve the software to cause it
to meet each such Acceptance Test. Thereafter, City shall have fift~en (15)
additional business days in which to re-conduct all of the Acceptance Tests
specified above. This process shall be repeated as may be necessary until the
software is deemed to be accepted hereunder; provided however, that if the
software is not accepted hereunder within ninety (90) days after Vendor's
initial written certification to City that the software is ready for
Acceptance Testing, City may declare Vendor in default hereunder for purposes
of Article II of this agreement and give written notice to that effect.
7. EQUIPMENT GUARANTEES. Vendor hereby guarantees that the main memory
and disk capacity proposed will support the computer aided dispatch system
within the response times specified in this agreement, given the proposed
volume with growth rate of ten percent (10%) per year for three (3) years from
the date of entry into this contract. If additional main memory and disk
capacity is required to allow the system to meet the performance outlined in
this agreement, all costs to implement the same, including but not limited to
the additional equipment, installation, taxes and shipping shall be at the
expense of the Vendor. Notwithstanding the above paragraph, City may request
fi e 1 d upgradi ng, subject to the fo 11 owi ng provi s ions:
a. City shall provide written notice to Vendor of City's intention
to increase the data processing capabilities of the central processor
purchased hereunder. Within thirty (30) days of receipt of this notice,
Vendor shall consult with City or its agents in good faith in order to
determine the method or alternative methods of implementing the increased
capabil iti es.
b. In the event that alternative methods of implementing the
increased capabilities are available, City shall have the option to determine
which method shall be utilized. City shall notify Vendor in writing of the
method it elects to use to increase the data processing capabilities of the
central processor.
c. The additions, replacements, or retrofitting shall be
accomplished according to a schedule that is mutually acceptable to City and
Vendor which shall minimize the amount of system downtime and interruption of
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City's utilization of the equipment; provided that, in any event Vendor shall
ship the necessary modules or equipment of enhancing or retrofitting the
central processor then purchased hereunder within si xty (60) days of Vendor's
then published normal delivery lead time for the central processor system to
which the equipment purchased hereunder is to be field upgraded or replaced,
calculated from the date City first notifies Vendor in writing of the method
to be used to increase the data processing capabilities of the central
processor.
d. The purchase price for such additions or retrofitting shall be
provided by Vendor thirty (30) days after notice of City notice of intention
to increase data processing capabilities.
e. City may, in its sole discretion, obtain the additional modules
and/or retrofitting required for such increased data processing capabilities
by entering into an agreement with any other vendors, provided the equipment
is manufactured by DEC.
f. In the event City elects to lease such modules and/or
retrofitting through a lease agreement that does not provide for maintenance,
or to purchase the same, Vendor agrees that, upon City's request, Vendor will
provide maintenance services for any and all equipment included in the
purchase or lease of such modules and/or retrofitting, provided that Vendor is
providing maintenance service to City.
8. .DELlVERY. Delivery will be F.O.B., City Hall, 300 North "0" Street,
San Bernardino, CA
9. EXTENSION OF TIME. No failure or omission on the part of either
party hereto to carry out or observe any of the terms or conditions of this
agreement shall give rise to any claim against such party or be deemed to be a
breach of this agreement by such party if such failure or omission arises from
any cause or causes reasonably beyond the control of such party. Without
limiting the generality of the foregoing, the following are causes affecting
such party or others having business dealings with such party: strikes,
lockouts or other industrial disturbances, war, blockades, insurrections,
riots, natural disasters, restraints of or by governments, orders or
requirements of any civil or military power, civil disturbances, major
breakages or damages to or substantial destruction of critical machinery,
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facilities, equipment or lines that substantially or materially curtail
production or operations, shortages, curtailment or other compliance with this
agreement, and interruption or delays in transportation. In no event shall
Vendor be entitled to any extension if the fault or negligence of Vendor
contributed to or caused the delay. The Project Schedule provided in Exhibit
A shall be extended by the amount of any delay resulting from any such cause
beyond Vendor's reasonable control plus a reasonah1e time to accommodate
adjustment to such extension. Vendor shall give City notice of the presence
of any cause referenced above promptly after Vendor becomes aware of the
existence of same.
ARTICLE II
SPECIAL REMEDIES AND TERMINATION
1. REMEDIES. The City may in the below described situations enforce the
agreement as follows:
a. If the Vendor fails to meet the mutually agreed project
completion date as set forth in Exhibit C, the City may terminate this
agreement upon thirty (30) day written notice. Prior to termination of this
Agreement, City shall give Contractor thirty (30) calendar days to cure such
deficiencies.
b. If the system fai 1s to pass the benchmark performance stage of
the Acceptance Tests due to inadequate capacity, upon demand by the City to
the Vendor, the Vendor is obligated to supply additional memory or processing
power within thirty (30) days, at no additional cost to the City.
c. If the system fails to meet the continuing performance standards
after ninety (90) days of acceptance testing upon demand by the City to
Vendor, Vendor is obligated to replace any defective or inadequate component
within thirty (30) days, at no additional cost to City.
2. BANKRUPTCY, RECEIVERSHIP, ETC. In addition to any other right to
terminate set out herein, if Vendor should be adjudged bankrupt or should make
a general assignment for the benefit of creditors, or if a receiver should be
appointed for the benefit of creditors, or if a receiver should be appointed
on account of such insolvency, City may terminate this agreement. Prior to
tprmination of thi~ aqrpPmPnt rity ~hall 'livp Vpnrlor thirty (10) rlay~ to n,rp
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such deficiencies.
3. HARDWARE AND SOFTWARE DEFAULT PROVISIONS. Vendor will be in default
upon nonperformance of any obligation of Vendor in this agreement ann the
continuance of such nonperformance for a period of thirty (30) nays after City
provides a written notice thereof to Vendor.
For non-completion of the project by the date which shall be set
forth in the Detailed System Design, the Vendor shall pay to the City, as
fixed and agreed liquidated damages for each calendar day's delay, an amount
of $200 per day. City shall not assess such damages for a period of more than
one hundred eighty (180) days. Vendor shall be given thirty (30) days prior
written notice of the City's intent to assess such damages, as follows:
a. Total System. If the Vendor does not install all the
equipment and deliver the operating system software, in accordance with its
functional specifications identified in the Oetail System Design, and as a
result, no portion of the total system is ready for use on the projection
completion date, then the liquidated damages shall be two hundred dollars
($200.00) per day following the contract completion date herein for the
complete system. Vendor and City agree that damages cannot be practically
determined and have agreed that this amount of liquidated damages is
reasonable under the circumstances.
b. Partial Installation. If some, but not all, of the
equipment and software on order is installed or delivered, ready for use, by
the project installation date set forth in Exhibit C, and City uses any such
installed equipment or delivered software, liquidated damages shall not accrue
against these items for any calendar date on which they are used and shall be
pro-rated on the basis of percentage of equipment placed in use by City.
c. Substitute Equipment. If Vendor provides substitute
equipment on or before the installation date, no liquidated damages shall
apply to the same if City, in its sole discretion, accepts such substitute
equipment.
4. LICENSE. Vendor grants to the City a nonassignable, nontransferable
and nonexclusive license to use the proprietary computer programs provided
under this Agreement. The City understands and acknowledges that the software
is and shall remain" proprietary in nature and constitutes confidential trade
secrets. The City agrees that it shall not knowingly, without prior written
consent of Vendor directly or indirectly disclose, proliferate, provide or
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otherwise make available, or permit, any rlisclosure, proliferation, proviSion
of or making available of, the software in any form, in whole or in part, to
any other person, fi rm. corporation. government agency. association or othf'r
entity. Further, th.e City agrees that it shal1 not, without prior written
consent of Vennor copy or reproduce (except as necessary for archive
diagnostic, backup, emergf'ncy restart purposes or any other purpose determined
solely by the Cityl. the software, in whole or in part. Neithf'r the license
granted to the City by Vendor nor the software may be, in whole or in part.
assigned, suhlicensed or otherwise transferred by the City without the prior
written consent of Vendor nor may the City knowingly, rlirectly, or indirectly
permit any use of the software. in whole or in part, hy any other person,
firr" corporation, governmpnt agency, association or other entity, without the
prior written consent of Vendor, Further. the City agrees tn comply with such
other terms and conditions applicahle to any software furnished by DEe to
Vendor and provided to the City under this Agreement, which are imposed by
Digital Equipment Corporation. City is entitled to use all source codes to
enhance Vendor's software as it deems fit. Nothing in this section is
intended to limit the right of City to do its own programming or to maintain
existing programs purchased from Vendor.
5. HARDWARE WARRANTY.
a. Hardware is warranten against nefects in workmanship ann
material as prescriben by Vendor,
b, All warranties of DEC ann any other manufacturer of items
of equi pment as set forth in any agreement between Venrlor ann such
mandacturer shall be deemprl tn he restaterl herein as warranties of Vendnr
unnu this agreement accruing to the henefit of the City,
6. SOFTWARE PROOUCTS ~A]NTENANCE. Subsequent to the warranty periorl,
Vennor software products will be eligihle for on-going contractual maintenance
services. If the City purchases DEC documentation ann media to upgrade the
operating system and the City has a software maintenance contract with Vendor,
ther Venrlnr wil I insure co~patihility between D~C operatinc so"tware and
VenrtOr appllcatioos software.
7. CUSTOM SOFTWARE WORK. Vendor will provide future software
pl'ograf'lmi r:g servi ces to City whenever such servi ces are requested as are
outside the scope of the Detailed Statement. Warranty, or Software Product
Services et the then curre"t Timp and Materials rate.
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8. FACILITIES. During the course of this agreement. City shall provide
Vendor's personnel with adequate work space for technicians and other related
facilities as may be required by Vendor to carry out its obligations
enumerated herein.
9. CITY'S RESPONSIBILITIES.
a. City shall obtain at its expense all government and other
permits and licenses required for installation and operation of the system,
and Vendor shall cooperate with City's efforts to secure same whenever
reasonably required.
b. City will provide space, power, environmental control and
operating environment as defined by the hardware manufacturer's published
specifications. This includes conduits or raceways for terminal cables.
c. City will make available system computer time as requested
by Vendor for the development, testing and maintenance of computer aided
dispatch systems for use by City.
d. City will designate a Project Manager who will be the
single point of contact for the Vendor and who will be responsible for
coordinating in a timely manner the efforts of the City. The Project ~anager
will be available during normal business hours for consultation.
e. City will make available all necessary supplies such as
paper and magnetic tape. City shall provide all lines and modems.
City shall provide all equipment and software (if any) on all external systems
interfacing to the CAD system.
f. In addition, the City is responsible for making available
personnel knowledgeable on the external systems during the project as required
for PRC/PMS to meet its contractual requirements.
g. City shall provide space and mounting equipment such as
tables, etc., for the installation of all CRT's, printers, modems, etc.
10. CLARIFICATION PROCEDURES. The City shall have a maximum of fifteen
(15) calendar days from the receipt of written correspondence from the Vendor
in which to respond in writing to: a proposed solution requiring a written
response from the City. If the City believes the contents of such
correspondence do not conform to the requirements of this agreement or
otherwise disagrees with such correspondence, it shall so notify Vendor in
writing within the above-stated fifteen (15) days, defining in detail such
non-acceptance. In the event the City finds the content of the correspondence
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conforming to the requirements of this Agreement, it shall within the ahove-
stated fifteen (15) days, notify Vendor in writing of this fact, and such
notification shall constitute final acceptance of the proposed solutions.
Should the City fail to respond within fifteen (15) days, said solution the
shall be deemed accepted.
11. COMPATIBILITY. Vendor warrants that all hardware and software
provided by Vendor will be compatible with the computer equipment specified
for interfacing in the Request for Proposal, except for the CDS interface
which will be defined in the Detail System Design. Listed below are the
interface types and their capabilities.
Interface Type Interface Capability
Oial-In Modem RS232 - Asynchronous
Microdata Computer RS232 - Point-to-Point
Asynchronous
E-911 RS232 - Asynchronous
San Bernardino County RS232 - Asynchronous - ADM Terminal
(CLETS, etc.) Emulation
Fire Alerting System RS232 - Asynchronous
SMT80 Mobile Status RS232 - Asynchronous
*- VAX 11 /750 RS232 - Point-to-Point
bi synchronous (CLETS) or DECNET using an
asynchronous or Ethernet link
*Dependent upon capabilities and costs related to support on the VAX 11/750
12. CONFIGURATION. Vendor warrants that the services, equipment, and
software provided by Vendor will include all items, components, products and
services necessary to provide City with all services, processing capabilities,
or other results represented by Vendor.
13. SECURITY AND PRIVACY. Vendor agrees that none of their officers or
employees shall use or reveal any research or statistical information
furnished by any person and identifiable to any specific private person for
any purpose other than the purpose for which it was obtained. Copies of such
information shall not, without the consent of the person furnishing such
information, be admitted as evidence or used for any purpose in any action,
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suit or other judicial or administrative proceeding, unless ordered by a court
of competent jurisdiction. City shall be notified immediately upon receipt of
any such order of court, pertaining to production of such information.
14. COVENANT AGAINST CONTINGENT FEES. Vendor warrants that no person or
selling agency has been employed or retained to solicit or secure this
agreement upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by Vendor for the
purpose of securing business. For breach of this warranty, City shall have
the right to terminate this agreement and, at its sole discretion, to deduct
from the agreement price or consideration, or otherwise recover, the full
amount of such commission, percentage, brokerage, or contingent fee.
15. INDEMNIFICATION. Vendor hereby agrees to indemnify and save harmless
City, its officers, agents and employees of and from:
a. Any and all claims and demands which may be made against
City, its officers, agents, or employees by reason of any injury to or death
of any person or damage suffered or sustained by any person or corporation
caused by, any negligent act or omission, of Vendor under this agreement or of
Vendor's employees or agents;
b. Any and all damage to or destruction of the property of
City, its officers, agents, or employees occupied or used by or in the care,
custody, or control of Vendor, caused by any negligent act or omission, of
Vendor under this agreement or of Vendor's employees or agents;
c. Any and all claims and demands which may be made against
City, its officers, agents, or employees by reason of any injury to, or death
of, or damage suffered or sustained by any employee or agent of Vendor under
this agreement; excepting, however, any such claims and demands which are the
result of the negligence or willful misconduct of the City, its officers,
agents or employees;
d. Any and all claims and demands which may be made against
City, its officers, agents, or employees by reason of infringement or alleged
infringement or any patent rights or apparatus, appliance, or materials
furnished by Vendor under this agreement; and
e. Any and all penalties imposed or damages sought on account
of the violation of any law or regulation or of any term or condition of any
permit required by Vendor.
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16. PATENTS AND COPYRIGHTS. If notified promptly in writing of any
action (and all prior claims relating thereto) brought against City alleging
that City's use, sale or other disposition of the products herein described
(including use of licensed software) infringes a United States patent or
copyright. Vendor shall defend such action at its expense and shall pay the
costs and damages awarded against City in such action. provided that Vendor
shall have sole control of the dpfense of any such action and all negotiations
for its settlement or compromise. If a final injunction is obtained in such
action against City's use of the products or if in Vendor's opinion the
products are likely to become the subject of a claim of infringement, Vendor
sball, at its expense. choose one of the following options: procure for City
the right to continue using the products, replace or modify the same so that
they become non-infringing. or grant City a credit for such products as
depreciated and accept their return.
17. ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS LAWS. Vendor shall comply
with Title VI of the Civil Rights Act of 1964, as amended, to the end that ~o
person shall, on the grounds of race, creed, color, sex or national origin be
excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under this agreement or under any project, program
or activity supported by this agreement.
lR. WORV.ERS' COMPENSATION. Vendor certifies that it is aware Of the
provisions of the Labor Code of the State of California which require every
employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that Code, and
cert ifi es that it wi 11 comp ly wHh sllch provi s ions and wi 11 provi de proof of
such compliance upon request by City.
19. INSURANCE. Vendor shall provide proof of comprehensive general
liahility insurance (including automobile) and professional liability
insurance amounts satisfactory to City, and shall name City as an additional
insured in an amount equal to or greater that the total consideratior set
forth in Article], Section 3 herein.
Vendor shall provide to City, prior to undertaking any activities
whatsoever pursuant to the terms of this agreement, a performance bond issued
by an insurance or surety company licensed to do business in California in a
principal amount of $306,834.00 guaranteeing the full performance of this
agreement. The form of such bond shall he subject to approval of the City
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Attorney.
20. LEGALITY. If any provlslons of this agreement shall be held invalid,
illegal, or unenforceable, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby.
21. CALIFORNIA LAW. This agreement shall be governed according to the
laws of the State of California, and the forum for resolution of any dispute
not informally disposed of between the parties shall be the Superior Court of
the State of California for the County of San Bernardino, Central Division,
located at 351 North Arrowhead, San Bernardino, CA.
22. NON-ASSIGNABILITY. Vendor may not assign any rights or obligations
hereunder without the prior written consent of the City.
23. GENERAL. This agreement, its Exhibits A tbrough 0, the Technical
Response of the Vendor's proposal dated March 12, 1985, and the Technical
Requirements of the City's Request for Proposal dated January 18, 1986
incorporated by reference, constitute the entire agreement, understanding and
representations between Vendor and City. No modifications or amendments to
the agreement shall be valid unless in writing and signed by duly authorized
representatives of the parties. Vendor's proposal and City's Request for
Proposals are on file in the office of the City Purchasing Agent.
A waiver of a breach or default under this agreement shall not be a waiver
of any other or subsequent default.
24. NOTICES. Any notice required to be given by the terms of this
agreement shall be deemed to have been given when the same is sent by
certified mail, postage prepaid, addressed to the respective parties as
follows:
PRC/Public Management Services
1500 Planning Research Drive
#3W5
McLean, VA 22102
ATTN: Mr. Darrell L. Bertness
Stephen Hale, Data System Mgr.
c/o City Auditor Office
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
City and Vendor have caused this agreement to be executed by their duly
authorized officers as of the day and year first hereinabove written.
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ATTEST:
Ci ty Cl erk
Approved as to form:
Ci ty Attorney
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CITY OF SAN BERNARDINO
By
Mayor
PRC PUBLIC MANAGEMENT SERVICES, INC.
By
---T ~ IkJ., <-
Title Jli"-J;.J~,.*
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EXHIBIT A - PROJECT SCHEDULE
TASK DAYS AFTER CONTRACT AWARD
1. Detail System Des i gn 60
2. Site Preparation Plan 45
3. Imp 1 ementat ion P1 an 60*
4. Install Terminals and Computer Hardware 180
5. Install and Test Software 240
6. Training 240
7. Documentat ion 270
8. Final Hardware/Software Acceptance Test 270
* Schedules may be adjusted based upon schedules or work beyond PRC/PMS
control such as:
- Interface hardware/software on VAX 11/750 (Police RMS)
- Interface hardware/software on Microdata Computer
- Delivery and installation of equipment and documentation by
Motorola (SMT-80 and Fire Alerting subsystems).
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EXHIBIT B
DElIVERABlES AND COST
1. Hardware. and Associated Costs. $ 106,638.00
Includes the following:
~ Item
~OQ5-AA (Includes)
- MVI I w/SMB Memory
- DEQUNA
- 40" Cabinet
- KDA50 Disk Controller
- TK50 95 MB Tape Drive
- DHVII 8 line ASYNC
1 RA 81-AA 456MB Disk w/Cabinet
1 TSV05-2A Tape Drive 1600 bpi
1 QZZ99-H5 TSV05 Driver
1 QZZ99-UZ lie/Warranty
1 lAI2-DB Console
2 DHUII-M 8 line ASYNC
2 CK-DHUII-AA Cabinet Kit
1 DlVJI-M 4 line ASYNC
1 CK-DlVJl Cabinet Kit
1 lPll 3001pm Printer
2 lA210-AA 240 cps printers
15 Intercolor 2000 Color CRT's
2 VT220 CRT's w/Keyboard's
1 Dial-in Modem
1 QZ004-C5 MicroVMS license I-N Users
1 QZ004-H5 Micro VMS Doc/Media
1 QZ004-UZ COBOL license
1 QZ099-H5 COBOL Doc/Media
1 QZDD5-UZ DECNET license
1 QZD03-H5 DECNET Doc/Media
26 Cables
1 Sales Tax 6,398.00
1 Freight and Insurance 2,000.00
1 Installation 6,625.00
Total Hardware Cost $ 121,661.00
2.0 Software Costs $ 182,738.00
Includes the following:
- Police/Fire CAD - PRC/PMS standard
- E-911 Interface
- Microdata Computer Interface
- Fire Station Alerting Interface
- County Interface (ClETS)
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EXHIBIT B (cont.)
- SMT80 Interface
- DEC System Software (Micro VMS, COBOL
AND DECNET) - Included in hardware list
and cost.
3.0 Totals
Performance bond
304,399
2,435
$306,834
Subtotal PRC/PMS Hardware/Software
Total PRC/PMS Contract Value
4.0 Motorola Equipment (Separate Contract by City)
Item One-Time Cost
Subtota 1
$ 127,281.57
$ 106,012.81
$ 233,294.38
$ 11 ,604.26
$ 244,898.26*
SMT80 Subsystem
Fire Station Alerting
Subsystem
Sales Tax
Total
* Note: This figure includes equipment, sales tax, system
installation/optimization and 5% contingency.
The City of San Bernardino is responsible for contracting directly with
Motorola, Inc. for all equipment and services relating to the Motorola
subsystems.
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