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HomeMy WebLinkAbout31-Police Department CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL I N A L From: Michael A. Billdt, Chief of Police Subject: Resolutions of the City of San Bernardino authorizing the purchase of a Dept: Police Department "CrimeView Enterprise" police tactical mapping solution from The Omega Group Date: December 27, 2007 located in San Diego, CA and necessary computer hardware from Zunesis, Incorporated, of Centennial, CO (HP Public Sector Sales' assigned State of California WSCII vendor). M/CC DATE:January 7, 2008 Synopsis of Previous Council Action None. Recommended Motion: 1. Adopt Resolutions. MICnIAEL A. BILLDT, CHIEF OF POLICE Contact person: Captain Theodis Henson Phone: 384-5609 Supporting data attached: Yes Staff Report/Resolution Ward: All FUNDING REQUIREMENTS: Amount: $129,240.00 Source: Professional/Cont Services 123-788-5502 Computer Equipment 123-788-5702 2005 COPS Technology Grant Finance Council Notes: -;�?Ie V1 07wsZ y OP-2 Z Agenda Item No. /122/D 5 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report Subiect Resolutions of the City of San Bernardino authorizing the purchase of a"CrimeView Enterprise" police tactical mapping solution from The Omega Group located in San Diego, CA. and the purchase of supporting computer server hardware from Zunesis, Inc. of Centennial, Colorado. Background Early in 1999 the Police Department purchased six copies of police tactical mapping product called CrimeView from The Omega Group of San Diego California. The Police Department wanted to provide tactical crime mapping at each of our remote district offices. The small project was not successful because of the inadequate network connections to each field district office and the inexperience our IT staff had with Oracle databases. Since that time all of our field district offices have had network connectivity upgrades and our Public Safety IT analysts have become certified in the operation of Oracle relational databases. Recently, at the request of Police Chief Michael A. Billdt, our Public Safety IT staff re-evaluated the possibility of successfully deploying a tactical police mapping solution to support our need for near-real-time crime mapping data to support the Police Department's district crime reduction model. The Police Department's goal of efficiently deploying personnel and responding to crime trends and patterns requires that police officers be provided with as near- real-time crime data as possible (no more than 24 hours old). The CrimeView product continues to be the leading tactical police crime mapping solution on the market today. In discussions with The Omega Group, they agreed to allow the Police Department to upgrade their expired CrimeView product licenses for a discounted price (approximately 50%) so that we can deploy a department-wide web based tactical mapping solution. The proposed CrimeView Enterprise System will provide officers, supervisors, and command staff with three essential crime-mapping tools: 1. Web Based Tactical Mapping — This web based tactical mapping tool will allow police officers and support personnel to look at near-real-time crime maps. Specific attention will be placed on providing patrol officers with near-real-time crime maps of their assigned beats on their existing Mobile Data Computers (MDC). This visual presentation in the field will enable officers to have a summary of recent criminal activity on their assigned patrol beats. Detectives, parolee coordinators, support personnel and supervisors will be able to access crime data at the beat, district, and city levels both from desktop computers and MDC's. 2. Web Based "Dashboard"Statistical Snapshot— This unique "dasl �PP/Q�G°�C ! snapshot is a customizable tool that allows district commanders staff to see a small "snapshot" of important crime statistics and ma bottom of their desktop computers at all times. Each workday di; will be able to see changes in some of the statistical data for their districts. Likewise, the command staff will be able to see similar data at the "citywide" level. Police managers will not need to configure this tool. The Police Department's IT team can configure district and city views that can be refreshed with updated data with "a single mouse button click." 3. Upgraded CrimeView Desktop Application — The upgrade will provide the Police Department with a current version of the master CrimeView software package that controls web based mapping and snapshot presentations. The purchase of CrimeView Enterprise System and necessary support computer equipment are approved items in the Police Department's FY 2005 COPS Technology Grant from the US Department of Justice. DOJ has authorized the purchase from The Omega Group for the CrimeView Enterprise System for $99,240.000, as well as a separate purchase of computer hardware for the system. Because the CrimeView Enterprise System is under $100,000.00 sole source approval for the CrimeView is not equired by DOJ. $30,000.00 in FY 2005 COPS Technolo y grant funding will used for a separate purchase of three computer servers needed to host the web based mapping application, the software database, the snapshot module, and the necessary server hardware tools (rack, keyboards, and monitor) to operate the servers. The server hardware is being purchased on the State of California portion of the Western States Contract Alliance (WSCA) contract (an annual computer hardware bidding process accepted by the US DOJ). The WSCA bidding process assigns vendors to the purchasing process. Zunesis, Incorporated of Centennial, Colorado is the assigned vendor for HP Public Sector servers. These servers were selected for their compatibility with the CrimeView Enterprise software suite, their dependability and their successful tract record with other City of San Bernardino technology projects. In an attempt to use a local vendor, the IT and Police Departments worked with Imagine Systems, of San Bernardino, to purchase the hardware from a local vendor. HP Public Sector Sales refused to allow Imagine Systems to sell the necessary hardware at the WSCA discounted competitive bid contract pricing. In comparing the pricing for the server hardware, the WSCA pricing was over $1,700.00 (5.7%) lower than the discounted pricing from Imagine Systems. Financial Impact A total of$129,240.00 from the 2005 COPS Technology Grant will be used for these purchases. There is no match requirement or impact to the General Fund. Account Number Description Amount 123-788-5502 Professional/Contractual Services $99,240.00 123-788-5702 Computer Equipment $30,000.000 Total $129,240.00 Recommendation Adopt Resolutions. <a 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 PURCHASE OF A "CRIMEVIEW ENTERPRISE" POLICE TACTICAL MAPPING 4 SOLUTION FROM THE OMEGA GROUP LOCATED IN SAN DIEGO, CALIFORNIA. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The City Manager is hereby authorized to execute on behalf of the City 9 the contract for police tactical mapping software services between the City of San Bernardino 10 and The Omega Group of San Diego, California, a copy of which is attached hereto, marked as 11 Exhibit A, and incorporated herein by this reference. 12 SECTION 2. That the Mayor and Common Council approve a sole source justification 13 for the vendor, The Omega Group, based on their unique police tactical mapping software 14 15 solution's ability to meet the needs of the San Bernardino Police Department (per Municipal 16 Code 3.04.010 (b)(3)). 17 SECTION 3. That the Mayor and Common Council authorize the Purchasing Manager 18 to issue a Purchase Order to The Omega Group in an amount not to exceed $99,240 for a 19 "CrimeView Enterprise" police tactical mapping solution as outlined in The Omega Group's 20 quote dated October 18, 2007. The Purchase Order shall read "CrimeView Enterprise Police 21 22 Tactical Mapping Solution. Not to exceed $99,240." 23 24 25 26 27 28 2-2- / 1'712� 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 2 PURCHASE OF A "CRIMEVIEW ENTERPRISE" POLICE TACTICAL MAPPING SOLUTION FROM THE OMEGA GROUP LOCATED IN SAN DIEGO, 3 CALIFORNIA. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting thereof, held 6 on the day of , 2008, by the following vote, to wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 BAXTER 11 BRINKER 12 DERRY 13 KELLEY 14 JOHNSON 15 16 MCCAMMACK 17 Rachel G. Clark, City Clerk 18 19 The foregoing resolution is hereby approved this day of 12008. 20 21 Patrick J. Morris, Mayor 22 City of San Bernardino 23 Approved as to 24 Form: 25 26 JAMES F. PENMAN, 27 City Attorney 28 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 PURCHASE OF SUPPORTING COMPUTER SERVER HARDWARE, FROM 4 ZUNESIS, INC. OF CENTINNIAL, COLORADO FOR A "CRIMEVIEW ENTERPRISE" POLICE TACTICAL MAPPING SYSTEM. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. That the Mayor and Common Council approve a local competitive bid 9 exemption allowing the Purchasing Manager to use the 2007 open competitive Western States 10 Contracting Alliance (WSCA) computer hardware bid award to Zunesis, Incorporated, of 11 Centinnial, Colorado for the computer server hardware needed to support the Police 12 Department's "CrimeView Enterprise" police tactical mapping solution (per Municipal Code 13 3.04.010 (b)(3)). 14 15 SECTION 2. That the Mayor and Common Council authorize the Purchasing Manager 16 to issue a Purchase Order to Zunesis, Incorporated, of Centennial, Colorado, (HP Public Sector 17 Sales' assigned WSCA vendor) for the purchase of computer hardware necessary for the I 18 "CrimeView Enterprise" polic tactical mapping solution as outlined in Zunesis' Quote 19 #1469073 dated November 14, 2007. The Purchase Order shall read "San Bernardino 3x 20 DL380GS +Rack+LTO-3 SB Bundle. Not to exceed $30,000." 21 22 23 24 25 26 27 28 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 2 PURCHASE OF SUPPORTING COMPUTER SERVER HARDWARE, FROM ZUNESIS, INC. OF CENTINNIAL, COLORADO FOR A "CRIMEVIEW 3 ENTERPRISE" POLICE TACTICAL MAPPING SYSTEM. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a meeting thereof, held 7 on the day of , 2008, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 BAXTER 11 12 BRINKER 13 DERRY 14 KELLEY 15 JOHNSON 16 MCCAMMACK 17 18 Rachel G. Clark, City Clerk 19 20 The foregoing resolution is hereby approved this day of , 2008. 21 22 Patrick J. Morris, Mayor 23 City of San Bernardino 24 Approved as to Form: 25 26 27 JAMES F. PENMAN, City Attorney 28 soft SERVICES AGREEMENT THIS AGREEMENT is entered into this day of 20_, between ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY)". WITNESSETH: A. WHEREAS, CITY has need for and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided the most advantageous and best responsible proposal for the providing of such services; NOW THEREFORE, the parties hereto agree as follows: 1. CONTRACTOR shall furnish in accordance with Proposal Specification . Omega shall retain the right to perform work for others during the terms of this Agreement. 2. Conduct of Services. Client agrees to provide working space and facilities, and any other services and materials Omega or its personnel may reasonably request in order to perform the work assigned to them. All work shall be performed in a workmanlike and professional manner by employees or subcontractors of Omega having a level of skill in the area commensurate with the requirements of the scope of work to be performed. Omega shall make sure its employees or subcontractors at all times observe security and safety policies of Client. 3. Method of Performing Services. The parties acknowledge and agree that Client shall have no right to control the manner, means, or method by which Omega performs the services called for by this Agreement. Rather, Client shall be entitled only to direct Omega with respect to the elements of services to be performed by Omega and the results to be derived by Client. Client 1 can review and assess the performance Omega services for the limited purposes of assuring that such services have been performed and confirming that such results were satisfactory. FEES, EXPENSES, AND PAYMENT 4. Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount in accordance with Proposal Specification _$104,240.00 and Offeror's Proposal and Statement. The payment schedule consists of six payments and is due as follows: • Ten percent $10,424.00 of the total amount due upon execution of this Agreement. (10%) • Fifteen percent $15,636.00 of the total amount due upon delivery of CrimeView Desktop (15%) and Omega Import Wizard software, ESRI Upgrade (Maintenance Costs), and Annual Support Cost for CrimeView Desktop • Twenty percent $20,848.00 of the total amount due upon completion of Task 3 (20%) CrimeView Desktop Deployment • Twenty percent $20,848.00 of the total amount due upon completion of Task 6 (20%) CrimeView Web Application Development • Fifteen percent $15,636.00 of the total amount due upon completion of Task 7 (15%) CrimeView Web Application Deployment • Ten percent $20,848.00 of the total amount due thirty (30) days after completion of (20%) services 5. CONTRACTOR shall provide with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. TERM OF AGREEMENT I 6. The initial term of this Agreement shall be one (1) year from the date first shown above and I is subject to termination by either party upon thirty (30) days written notice to the other. There may be one-year extensions. 7. Termination. This Agreement may be terminated by either party upon sixty (60) days prior written notice, if the other party breaches any term hereof and the breaching party fails to cure such breach within the 60-day period; provided that, notwithstanding the foregoing, the cure period for any failure of Client to pay fees and charges due hereunder shall be thirty (30) days from the date of receipt by Client of notice of delinquency. 8. Return Client Property. Upon termination of this Agreement for any reason, Omega shall promptly return to Client all copies of any Client data, records, or materials of whatever nature or kind, including all materials incorporating the proprietary information of Client. Omega shall also furnish to Client all work in progress or portions thereof, including all incomplete work. RELATIONSHIP BETWEEN OMEGA AND CLIENT 9. Independent Contractor Status. The parties are and shall be independent contractors to one another, and nothing herein shall be deemed to cause this Agreement to create an agency, partnership, or joint venture between the parties. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Client and either Omega or any employee or agent of Omega. 10. Nonsolicitation. During the term of this Agreement and for a period of six (6) months after the expiration or termination of this Agreement, for any reason whatsoever, the parties covenant and agree not to hire or engage or attempt to hire or engage employees of the other party, except through advertisements directed to the general public or as expressly pre- approved by the other party. 11. Confidentiality. The parties agree not to disclose to any third party any proprietary information disclosed to it by the other party without the prior written consent of such disclosing party. The parties further agree to take the same care with the proprietary information as it does with its own, but in no event with less than a reasonable degree of care. This obligation of the parties shall survive beyond the effective termination date of this Agreement. These restrictions shall not be construed to apply to (1) information generally available to the public; (2) information released by either party generally without restriction; (3) information independently developed or acquired by either parry or its personnel without reliance in any way on other protected information of the other party; or (4) information approved for the use and disclosure of either party or its personnel without restriction. 12. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to CONTRACTOR's performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY's willful misconduct or sole negligence. 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 "attorney's fees" for the purposes of this paragraph. 13. DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, OMEGA DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES RENDERED BY ITS PERSONNEL OR THE RESULTS OBTAINED FROM THEIR WORK, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 14. LIMITATION OF LIABILITY. OMEGA'S CUMULATIVE LIABILTY UNDER OR FOR BREACH OF THIS AGREEMENT SHALL BE LIMITED TO THE FEES PAID BY CLIENT TO OMEGA. OMEGA SHALL HAVE NO LIABILITY FOR LOSS OF DATA OR DOCUMENTATION, IT BEING UNDERSTOOD THAT CLIENT IS RESPONSIBLE FOR BACKUP PRECAUTIONS. IN NO EVENT SHALL OMEGA BE LIABLE FOR ANY LOSS OF PROFITS, ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY CLAIMS OR DEMANDS BROUGHT AGAINST CLIENT, EVEN IF OMEGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DEMANDS. Omega shall not be liable to Client for any failure or delay caused by events beyond Omega's control, including, without limitation, Client's failure to furnish necessary information; sabotage; failure or delays in transportation or communication; failures or substitutions of equipment; labor disputes; accidents; shortages of labor, fuel, raw materials or equipment; or technical failures. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. MISCELLANEOUS 15. Governing Law. This Agreement shall be governed and construed in all respects in accordance with the laws of the State of California as they apply to a contract executed, delivered, and performed solely in such State. 16. While not restricting or limiting the foregoing, during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk Manager prior to undertaking any work under this Agreement. The policies shall name the CITY as an additional insured and shall provide for ten (10) day notification to the CITY if said policies are terminated or materially altered. 17. CONTRACTOR shall perform work tasks as directed by , but for all intents and purposes, CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 18. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 19. Remedies. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 20. Entire Agreement of the Parties. This Agreement supersedes any and all agreements, either oral or written, between the parties with respect to the rendering of services by Omega for Client and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, that are not embodied herein, and that no other agreement, statement, or promise not contained in this agreement shall be valid or binding. Any modification of this agreement will be effective only if it is in writing signed by the parry to be charged. 21. Severability. If any of the provisions of this Agreement are ruled illegal, invalid or unenforceable by a court of competent jurisdiction under any applicable statute or rule of law, they shall, to that extent, be deemed omitted, and the remainder of this Agreement shall continue to be in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any other breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. 22. Headings. The section headings used herein are for reference only, and shall not limit or control any term or provision of this Agreement or the interpretation or construction hereof. 23. Any notice 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: (Name) City of San Bernardino Department 300 North `D' Street San Bernardino CA 92418 TO THE CONTRACTOR Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. Date: by: Business Name Signature CITY OF SAN BERNARDINO Date: by: Deborah Morrow Purchasing Manager City of San Bernardino ATTEST: Rachel Clark, City Clerk Approved as to form: James F. Penman, City Attorney copy 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER 4 FOR THE PURCHASE OF A "CRIMEVIEW ENTERPRISE" POLICE TACTICAL NIAPPING SOLUTION FROM THE OMEGA GROUP LOCATED IN SAN DIEGO, 5 CALIFORNIA. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The City Manager is hereby authorized and directed to execute on behalf 9 of the City an Agreement for the purchase of police tactical mapping software with The Omega 10 11 Group of San Diego, California, a copy of which is attached hereto; marked as Exhibit A, and 12 incorporated herein by this reference. 13 SECTION 2. That the Mayor and Common Council approve a sole source justification 14 for the vendor, The Omega Group, based on their unique police tactical mapping software 15 solution's ability to meet the needs of the San Bernardino Police Department (per Municipal 16 Code 3.04.010 (b)(3)). 17 18 SECTION 3. That the Purchasing Manager is authorized to issue a Purchase Order to 19 The Omega Group in an amount not to exceed $99,240 for a "CrimeView Enterprise" police 20 tactical mapping solution as outlined in The Omega Group's quote dated October 18, 2007. 21 The Purchase Order shall read "CrimeView Enterprise Police Tactical Mapping Solution. Not 22 to exceed $99,240." 23 SECTION 4. The above authorizations are rescinded if not executed/issued within 24 25 sixty (60) days of the passage of this resolution. 26 27 28 f • a v � I I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 2 EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER FOR THE PURCHASE OF A "CRIMEVIEW ENTERPRISE" POLICE TACTICAL 3 MAPPING SOLUTION FROM THE OMEGA GROUP LOCATED IN SAN DIEGO. 4 CALIFORNIA. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a meeting thereof; held 7 on the day of , 2008, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 BAXTER 11 12 BRINKER 13 DERRY 14 KELLEY 15 JOHNSON 16 MCCAMMACK 17 18 Rachel G. Clark, City Clerk 19 20 The foregoing resolution is hereby approved this day of 12008. 21 22 Patrick J. Morris, Mayor 23 City of San Bernardino 24 Approved as to Form: 25 26 27 MES F. PENMAN, City Attorney 28 CITY OF SAN BERNARDINO -OMEGA GROUP SERVICES AGREEMENT This Services Agreement is entered into this day of ,2008,by and between THE OMEGA GROUP("OMEGA") and the City of San Bernardino("CITY"). WITNESSETH: WHEREAS, CITY has need for police tactical mapping software, including software, installation, maintenance and training;and WHEREAS,OMEGA is competent,experienced and able to supply and support such software; NOW,THEREFORE,the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of OMEGA to provide those products and services as set forth on Exhibit "A," attached hereto and incorporated herein. Omega shall retain the right to perform work for others during the term of this Agreement. 2. CONDUCT OF SERVICES. Client agrees to provide working space and facilities, and any other services and materials Omega or its personnel may reasonably request in order to perform the work assigned to them. All work shall be performed in a workmanlike and professional manner by employees or subcontractors of Omega having a level of skill in the area commensurate with the requirements of the scope of work to be performed. Omega shall make sure its employees or subcontractors at all times observe security and safety policies of Client. 3. METHOD OF PERFORMING SERVICES. The parties acknowledge and agree that Client shall have no right to control the manner, means, or method by which Omega performs the services called for by this Agreement. Rather, Client shall be entitled only to direct Omega with respect to the elements of services to be performed by Omega and the results to be derived by Client. Client can review and assess the performance Omega services for the limited purposes of assuring that such services have been performed and confirming that such results were satisfactory. 4. COMPENSATION AND EXPENSES. a. For the services delineated above,the CITY, upon presentation of an invoice, shall pay OMEGA up to the amount of$99,240.00. b. Payment shall be made in six installments which are due as follows: Ten percent(10%) $10,424.00 due upon execution of Agreement Fifteen percent(15%) $15,636.00 due upon delivery of CrimeView Desktop and Omega Import Wizard software, ESRI Upgrade (Maintenance Costs) , and Annual Support Cost for CrimeView Desktop Twenty percent(20%) $20,848.00 due upon completion of Task 3 CrimeView Desktop Deployment Twenty percent(20%) $20,848.00 due upon completion of Task 6 CrimeView Web Application Development Fifteen percent(15%) $15,636.00 due upon completion of Task 7 CrimeView Web Application Deployment Ten percent(10%) $20,848.00 due thirty(30)days after completion of services c. No other expenditures made by OMEGA shall be reimbursed by CITY. 1 Exhibit "A" 5. TERM; TERMINATION. This Agreement shall be in effect until thirteen (13) months after the completion of the software installation. This Agreement may be terminated at any time by sixty(60) days' written notice by either party if the other party breaches any term of this Agreement and the breaching party fails to cure the breach within the 60-day period;provided that,notwithstanding the foregoing,the cure period for any failure of CITY to pay fees and charges due hereunder shall be thirty(30)days from the date of receipt by CITY of notice of delinquency. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. Upon termination of this Agreement for any reason, OMEGA shall promptly return to CITY all copies of any CITY data, records, or materials of whatever nature or kind, including all materials incorporating the proprietary information of CITY. OMEGA shall also furnish to CITY all work in progress or portions thereof, including all incomplete work. 6. CONFIDENTIALITY. The parties agree not to disclose to any third party any proprietary or confidential information disclosed to it by the other party without the prior written consent of such disclosing party. the parties further agree to take the same care with the proprietary or confidential information as it does with its own, but in no event with less than a reasonable degree of care. this obligation of the parties shall survive beyond the effective termination date of this Agreement. These restrictions shall not be construed to apply to (1) information generally available to the public; (2) information released by either party generally without restriction; (3) information independently developed or acquired by either party or its personnel without reliance in any way on other protected information or the other party; or, (4) information approved for the use and disclosure of either party or its personnel without restriction. 7. INDEMNITY. OMEGA agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death,or property damage,based or asserted upon any actual or alleged act or omission of OMEGA, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials,employees, agents or representatives. As part of the foregoing indemnity, OMEGA 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. OMEGA 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 OMEGA relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 8. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, OMEGA shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 9. DISCLAIMER OF WARRANTY. Except as expressly provided in this agreement, omega does not make any warranty, express or implied, with respect to the services rendered by its personnel or the results obtained from their work,including,without limitation,any implied warranty of merchantability or fitness for a particular purpose. 2 10. LIMITATION OF LIABILITY. Omega's cumulative liability under or for breach of this agreement shall be limited to the fees paid by client to omega. Omega shall have no liability for loss of data or documentation, it being understood that client is responsible for backup precautions. In no event shall omega be liable for any loss of profits, any incidental, special, exemplary or consequential damages, or any claims or demands brought against client, even if omega has been advised of the possibility of such claims or demands. Omega shall not be liable to Client for any failure or delay caused by events beyond Omega's control, including, without limitation, Client's failure to furnish necessary information; sabotage; failure or delays in transportation or communication; failures or substitutions of equipment; labor disputes; accidents; shortages of labor, fuel, raw materials or equipment; or technical failures. This limitation upon damages and claims is intended to apply without regard to whether other provisions of this agreement have been breached or have proven ineffective. 11. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, OMEGA shall not engage in,nor permit its officers,employees or agents to engage in,discrimination in employment of persons because of their race,religion,color,national origin, ancestry, age,mental or physical disability,medical condition, marital status,sexual gender or sexual orientation, or any other status protected by law,except as permitted pursuant to Section 12940 of the California Government Code. 12. INDEPENDENT CONTRACTOR. OMEGA shall perform work tasks provided by this Agreement, but for all intents and purposes OMEGA shall be an independent contractor and not an agent or employee of the CITY. OMEGA shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for OMEGA and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 13. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. OMEGA warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of OMEGA to practice its business or profession. 14. 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 OMEGA: 300 North"D"Street San Bernardino,CA 92418 Telephone: (909) 15. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms; conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 16. ASSIGNMENT. OMEGA shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of OMEGA's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release OMEGA of OMEGA's obligation to perform all other obligations to be performed by OMEGA hereunder for the term of this Agreement. 17. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California,Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 18. GOVERNING LAS'. This Agreement shall be governed by the laws of the State of California. 19. REMEDIES. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies.The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches,unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 20. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs,representatives,successors,and assigns. 21. 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. 22. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 23. ENTIRE AGREEMENT;MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings, either oral or written,relating to the subject manner of this Agreement and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, that are not 4 embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. 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: 12008 THE OMEGA. GROUP By: Its: Dated 2008 CITY OF SAN BERNARDINO By: Fred Wilson,City Manager Approved as to Form: James F. Penman, City Attorney By: 5 CRIMEvIEW San Bernardino Police 7U Omega Group,Inc. Department,California October 18,2007 Proiect Summary—Ouote The Package total is: $99,240.00 Software: $52,005.00 All Omega and ESRI software includes one(1)year of maintenance. CrimeView Desktop Omega Software: • One(1)licensed copies of CrimeView 4.x ESRI Software: (ESRI Maintenance) By paying maintenance on your existing ESRI software licenses, you will qualify to receive the latest version of each software license that is available. • One(1)ArcGIS 9x and Spatial Analyst extension: CrimeView Web Omega Software: - • One(1)licensed copy of CrimeView Web ESRI Software: • One(1)licensed copy of ESRI's ArcIMS 9.x Omega Dashboard Omega Software: • One(1)licensed copy of Omega Dashboard Viewer, Site License • One(1)licensed copy of Dashboard Administrator, with I —5 Connections Other Omega Software: • One(1)licensed copy of The Omega Import Wizard Annual Support $2,495.00 • CrimeView Desktop—One year annual back maintenance Professional Services(Per Task) $44,740.00 Task I CrimeView Desktop Project Planning and Data Collection • Identify GIS map layers and design preferences • Identify source tabular data from RMS and CAD • Collect base map GIS data layers • Connect to records data source, extract sample datasets and send output profiles to Omega using Import Wizard • Collect lookup tables Task 2 CrimeView Desktop Application Development • Add GIS layers to map document and create address locators • Develop and configure data import profiles. Two(2)profiles are included • Create Saved Queries database and design Crystal Report templates Exhibit "A" CRIMEVIEW San Bernardino Police The Omega Group,Inc. Department,California October 18,2007 • Add Omega functionality and other customizations to GIS application • Test application functionality • Develop training documents Task 3 CrimeView Desktop Application Deployment(At Client Site) • CrimeView Desktop Installation: Up to eight (8) hours on-site. One (1) Omega personnel. • Install and configure data import profiles on import machine • Test import profiles and import historical data • Schedule automated data import process • Install and configure OmegaGIS application on user machines • CrimeView Desktop On-site training: Sixteen (16) hours on-site for five (5) persons,One(1)Omega personnel. • Travel for The Omega Group: One (1) staff members to provide installation and training for one(1)trip - Task 4 CrimeView Desktop Finishing Application Design • Edit and Customize Import Profiles, Saved Queries,Crystal Report Templates and Application Style,per user feedback. • Test Application Functionality Task S CrimeView Web Project Planning and Data Collection • Identify GIS map layers and design preferences • Identify data fields from each data set to be displayed in CrimeView Web Task 6 CrimeView Web Application Development • Add GIS layers to map document and create address locators • Create map configuration file • Create data import profiles • Create Map Services • Attach Databases or Import data into SQL server • Create Saved Queries for each data set • Create config.xml file • Add Reports • Add Omega functionality and other customizations to GIS application • Additional graphics to web page,reports and/or splash screen Task 7 CrimeView Web Application Deployment(Via Remote Connection) • Install and configure OmegaGIS application • Configure data import profiles • Test import profiles and import historical data • Schedule automated data import process • Install and configure Omega Web application on Web Server 1 1 San Bernardino Police The Omega Group,Inc. CRIMEVIEW Department,California October 18,2007 • Test Omega Web application functionality and tune application with client resources Task 8 CrimeView Web Application Deployment(at Client Site) • One(1)Day(up to 8 hours)on-site. One(1) Omega personnel. • Application Training • User Training • Application maintenance requirements • Travel for The Omega Group staff members to provide training for one (1)trip Task 9 Omega Dashboard Deployment(via Remote Access) • Omega Dashboard Installation via remote access • Install SQL Server 2003 on web server or SQL Server 2005 Express • Install IIS on web server • Install Dashboard Administrator and Dashboard Viewer components on the web server • License Dashboard extension that is available from a machine with The Omega Desktop software. • Configure administration and user access • Omega Dashboard Performance Testing Task 10 Omega Dashboard training(At Client Site) • Provide up to twelve (12)hours of Dashboard Training over two(2) days onsite: o Dashboard Data Creation (Using CrimeView Desktop) o Dashboard Data Automation o Dashboard Administrator Software Management • Provide any additional deployment steps not performed under Omega Dashboard Deployment. • Travel for The Omega Group staff members to provide training for one (1)trip NON-DISCLOSURE This quote has been prepared by the sales division of The Omega Croup and is a confidential document that contains ideas,concepts, methods and other proprietary information.Readers are to twat the infomration contained herein as confidential and may not copy or reproduce any of these materials for distribution outside of their organization without the written permission of The Omega Group. The quote will retrain valid for 6 months from the date on the quote for Omega Software and Services only.During the same 6 months,dollars associated with ESR1 software,ESRI training or Hardware cannot be guaranteed by Omega- Maintenance Please see the Customer Support Program for detailed services and limitations for Omega solutions. Total Omega Software Maintenance Annual Cost $7,490.00 Total ESRI maintenance Annual Cost $3,000.00 CRIMEVIEW San Bernardino Police The Omega Group,Inc. Department,California October 18,2007 Omega Maintenance Plan The Support fee is paid annually. The first year of support for each application is included in the initial purchase and begins 30 days after the completion of each application or at upon the date of acceptance. Support identified below is for Omega software and services only. Application Total Costs CrimeView Desktop Package $2,495.00 CrimeView Web Package $3,495.00 Omega Dashboard Package $1,500.00 Total Omega Software Maintenance $7,490.00 ESRI Maintenance Costs The San Bemardino Police Department will be required to stay active and current with its ESRI Software Maintenance Package. The maintenance costs are for the software quantities identified in this package. ArcView and Spatial Anal The table below represents the cost of maintaining the first copy of ESRI's ArcGIS 9.x software, plus the extension (Spatial Analyst), followed by the secondary (second, third, fourth, etc)copy. Software Quantity Unit Costs To Cost Primary ArcView 9.x single use 1 $1000.00 $1,000.00 license,with one or more extensions ArcIMS The table below represents the cost of maintaining ESRI's ArclMS 9.x software Software Quantity Unit Costs Total Cost ArclMS Standard Edition 1 $2,000.00 $2,000.00 Total ESRI maintenance $3,000.00 Maintenance costs are current, as of October 2007. It is the client's responsibility to be aware of any changes in maintenance costs for ESRI software/terms and conditions. The first year of support for each software license is included in the initial purchase. The first annual payment of maintenance occurs 1 year from the date of purchase. ESRI will invoice the client directly and client should make all payments directly to ESRI. CRIMEVIEW' San Bernardino Police The Omega Group,Inc. Department,California October 18,2007 Payment Schedule In consideration of the services to be performed by Omega, Omega shall be entitled to compensation in the total amount of$99,240.00. The payment schedule consists of four payments and is due as follows: • Ten percent $9,924.00 of the total amount due upon execution of this 10%) Agreement. • Ten percent $9,924.00 of the total amount due upon delivery of CrimeView (10%) Desktop and Omega Import Wizard software,ESRI Upgrade (Maintenance Costs), and Annual Support Cost for CrimeView Desktop • Thirty percent $29,772.00 of the total amount due upon completion of Task 3 30%) CrimeView Desktop Deployment • Thirty percent $29,772.00 Of the total amount due upon completion of Task 6 (30%) CrimeView Web Application Development • Ten percent $9,924.00 Of the total amount due upon completion of Task 7 (10%) CrimeView Web Application Deployment • Ten percent $9,924.00 of the total amount due thirty(30) days after (10%) completion of services Data Specifications -- Datasets to be Imported via Omega Import WizardTM The client operates a Tiburon CAD/RMS system. The following data sets represent tables of data to be extracted by The Omega Import Wizard. An Import Profile will be built for each data set listed CAD—Calls for service RMS—Incident database Please review the Omega Import Wizard Appendix for more details regarding the Omega Import Wizard and the use of Profiles. Because a significant amount of work (and cost) can be attributed to the incident or person data being imported, it is important that Omega Project Management have access to local knowledge regarding the RMS or CAD data/database as outlined under General Requirements(see next page). The Omega Group,Inc. CRIMEVIEW' can Bernardino Police Department,California October 18,2007 General Requirements Client Project Management Critical to the success of every implementation is having the appropriate client staff prepared to be active participants and to understand what is expected from them for the duration of the implementation. Two critical components to this implementation pertain to local knowledge of data schema for the RMS/CAD data sources and what data should be available for mapping and reporting. Database Schema The client should expect to provide staff resources who can demonstrate knowledge of the tabular structure (schema) of the RMS, CAD and other data sources. These persons will be expected to assist Omega Technicians in building SQL statements that includes all the fields of data that the client wants for mapping and reporting. This assistance would primarily be in the form of understanding database structure and table relationships. Report Data The client should expect to provide staff resources who can confirm what data needs to be included for mapping and reporting. These persons should have direct experience in working with crime data through current extractions from the RMS, CAD and other data sources and from the perspective and experience of a crime analyst. The Omega Group maintains an inventory of data extraction templates (e.g. SQL Statements) that can be used to as a starting point for the development of a customized data interface. However, having client staff that can provide local knowledge of the database can reduce the overall project time, facilitate the ongoing maintenance of the application and produce a more useful crime mapping and reporting environment. Project Planning Remote Connectivity: Secure or confirm remote access via the use of Expert City's GoToMyPC or the use of a VPN Connection. • Establishing Remote Connection to the Server(s). • Data Collection, Installation and Technical Support may be performed through remote connection, reducing cost of project and time it takes to complete services • Omega Recommends ExpertCity's GoToMyPC or VPN for remote connections ■ Provide Network IP Address if VPN is used • If the client is unable to provide high speed remote access with GoToMyPC or similar connection software to The Omega Group for the collection of the required data sets then an additional fee will be charged to the client based on the additional time required for data collection. CRIMEVIEW San Bernardino Police The Omega Group,Inc. IP4 Department,California October 18,2007 Data Geography: The client will provide for the geographic base data for the project. In addition to the Street Centerline this may include: Parks, Schools, Beats, Reporting Districts, Landmarks, Stations, Parcels, etc. During the project kick-off a discussion regarding the type and availability of data will ensue. • Street Centerline File: The client must provide accurate reference data that will be used to generate a geocoding service. Typically the reference data is a street centerline file, address points or a parcel layer. Data Collection (For CrimeView Web) • Provide an .mxd file that includes geographic shapefiles or feature classes with desired RGB values and desired extents. • What are the Colors for each layer and the extents for which layers automatically turn on/off • Client should design the .mxd and sign off on the finished design, or sign off on Omega to determine the standards. • Confirm datasets to be used with the application (Associated with the `What' Tab in the application o Common datasets include: Incident Reports, Calls for Service, Parolees, Arrestees, Sex Offenders, Gang Members • Confirm which of the geographic shapefiles or feature class data will be used for the `Near a Feature' query. This routine creates a buffer distance around the selected features • Common data includes: Buildings, Schools, Parks, Police Stations, Major Roads,Neighborhoods • Provide both common name(parks) and file name(parks.shp) • Confirm which of the geographic shapefiles or feature class data will be used for the `Within a Boundary' query. This routine filters the incident or person dataset for the boundary selected • Common data includes: Zip Codes, Police Beats, Districts, Neighborhoods,Wards,Police Team Areas,Reporting Districts • Provide both common name(parks)and file name(parks.shp) • Confirm street file to be used for geocoding. • Provide exact name(i.e. centerlines.shp, streets.shp, etc.) • Address style should be `US Streets with Zone' Shapefile Implementation Requirements for Shapefiles: • Field names for each Shapefile must be in Capital Letters CRIMEVIEW' San Bernardino Police The Omega Group,Inc. Department,California October 18,2007 • The Directory path for Data Shapefiles should stay the same0i.e. Incident Reports,CAD, Known Offenders, etc.) o If directory Changes, then the work spaces in the .axl file must be updated to recognize the new directory path. • The Directory path for Geographic Shapefiles should stay the same0i.e. Parks,Zip Codes, Rivers, etc.) o If Directory Changes,then the work spaces in the.axl file must be updated to recognize the new directory path System Architecture ArcIMS Server Implementation Requirements for ArcIMS installation, when Omega provides the installation/ configuration services: • Provide server name to Omega Project Management • Provide EP Address of the ArcIMS Server - o Need IP Address for Web Server if separate from ArcIMS Server • Provide Local Administrative Login:User Name and Password o Need Local administrative login for Web server is separate Requirements for ArcIMS Server if ArcIMS software is already installed on the server: • Provide ArcIMS Administrator Login: User Name and Password Prior to the CrimeView® Enterprise Installation: the following items should p g be completed by the Network Administrator/GIS Coordinator: • ESRI Training Course: The onsite administrators have completed ESRI's Training Courses. o The Omega Group highly recommends all personnel working with CrimeView to have the Introduction to ArcGIS I and/or Introduction to ArcGIS II training in addition to CrimeView training. At least one person, preferably the on-site CrimeView administrator, should have a solid understanding of ArcGIS (ArcMap and ArcCatalog). The Omega Group requires that at least the system administrator or primary user receive ArcGIS training prior to receiving CrimeView training. o GIS Training: The Omega Group recommends that all personnel administrating CrimeView Web attend the Introduction to ArcGIS I training course or possess comparable GIS experience before receiving CrimeView Web training. At least one person, preferably the primary system administrator, should have a solid understanding of GIS. GIS training is not available directly from Omega but can be taken from ESRI or from approved training centers at the following web address: htti)://www.esri.com/training/index.html. CITY OF SAN BERNARDINO-OMEGA GROUP SERVICES AGREEMENT This Services Agreement is entered into this day of ,2008,by and between THE OMEGA GROUP("OMEGA") and the City of San Bernardino("CITY"). WITNESSETH: WHEREAS, CITY has need for police tactical mapping software, including software, installation, maintenance and training; and WHEREAS,OMEGA is competent, experienced and able to supply and support such software; NOW,THEREFORE,the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of OMEGA to provide those products and services as set forth on Exhibit "A," attached hereto and incorporated herein. Omega shall retain the right to perform work for others during the term of this Agreement. 2. CONDUCT OF SERVICES. Client agrees to provide working space and facilities, and any other services and materials Omega or its personnel may reasonably request in order to perform the work assigned to them. All work shall be performed in a workmanlike and professional manner by employees or subcontractors of Omega having a level of skill in the area commensurate with the requirements of the scope of work to be performed. Omega shall make sure its employees or subcontractors at all times observe security and safety policies of Client. 3. METHOD OF PERFORMING SERVICES. The parties acknowledge and agree that Client shall have no right to control the manner, means, or method by which Omega performs the services called for by this Agreement. Rather, Client shall be entitled only to direct Omega with respect to the elements of services to be performed by Omega and the results to be derived by Client. Client can review and assess the performance Omega services for the limited purposes of assuring that such services have been performed and confirming that such results were satisfactory. 4. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay OMEGA up to the amount of$99,240.00. b. Payment shall be made in six installments which are due as follows: Ten percent(10%) $10,424.00 due upon execution of Agreement Fifteen percent(15%) $15,636.00 due upon delivery of CrimeView Desktop and Omega Import Wizard software, ESRI Upgrade (Maintenance Costs) , and Annual Support Cost for CrimeView Desktop Twenty percent(20%) $20,848.00 due upon completion of Task 3 CrimeView Desktop Deployment Twenty percent(20%) $20,848.00 due upon completion of Task 6 CrimeView Web Application Development Fifteen percent(15%) $15,636.00 due upon completion of Task 7 CrimeView Web Application Deployment Ten percent(10%) $20,848.00 due thirty(30)days after completion of services c. No other expenditures made by OMEGA shall be reimbursed by CITY. 1 5. TERM; TERMINATION. This Agreement shall be in effect until thirteen (13) months after the completion of the software installation. This Agreement may be terminated at any time by sixty(60) days' written notice by either party if the other party breaches any term of this Agreement and the breaching party fails to cure the breach within the 60-day period;provided that,notwithstanding the foregoing,the cure period for any failure of CITY to pay fees and charges due hereunder shall be thirty(30) days from the date of receipt by CITY of notice of delinquency. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. Upon termination of this Agreement for any reason, OMEGA shall promptly return to CITY all copies of any CITY data,records, or materials of whatever nature or kind,including all materials incorporating the proprietary information of CITY. OMEGA shall also furnish to CITY all work in progress or portions thereof, including all incomplete work. ° 6. CONFIDENTIALITY. The parties agree not to disclose to any third party any proprietary or confidential information disclosed to it by the other party without the prior written consent of such disclosing party. the parries further agree to take the same care with the proprietary or confidential information as it does with its own, but in no event with less than a reasonable degree of care. this obligation of the parties shall survive beyond the effective termination date of this Agreement. These restrictions shall not be construed to apply to (1) information generally available to the public; (2) information released by either party generally without restriction; (3) information independently developed or acquired by either party or its personnel without reliance in any way on other protected information or the other party-, or,(4)information approved for the use and disclosure of either party or its personnel without restriction. 7. INDEMNITY. ° OMEGA agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death,or property damage,based or asserted upon any actual or alleged act or omission of OMEGA, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City,its elected officials,employees, agents or representatives. As part of the foregoing indemnity, OMEGA 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. OMEGA 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 OMEGA relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 8. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, OMEGA shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 9. DISCLAIMER OF WARRANTY. Except as expressly provided in this agreement, omega does not make any warranty, express or implied, with respect to the services rendered by its personnel or the results obtained from their work,including,without limitation,any implied warranty of merchantability or fitness for a particular purpose. 2 10. LIMITATION OF LIABILITY. Omega's cumulative liability under or for breach of this agreement shall be limited to the fees paid by client to omega. Omega shall have no liability for loss of data or documentation, it being understood that client is responsible for backup precautions. In no event shall omega be liable for any loss of profits, any incidental, special, exemplary or consequential damages, or any claims or demands brought against client, even if omega has been advised of the possibility of such claims or demands. Omega shall not be liable to Client for any failure or delay caused by events beyond Omega's control, including, without limitation, Client's failure to furnish necessary information; sabotage; failure or delays in transportation or communication; failures or substitutions of equipment; labor disputes; accidents; shortages of labor, fuel, raw materials or equipment; or technical failures. This limitation upon damages and claims is intended to apply without regard to whether other provisions of this agreement have been breached or have proven ineffective. 11. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees,OMEGA shall not engage in,nor permit its officers,employees or agents to engage in, discrimination in employment of persons because of their race,religion,color,national origin,ancestry,age,mental or physical disability,medical condition, marital status, sexual gender or sexual orientation,or any other status protected by law, except as permitted pursuant to Section 12940 of the California Government Code. 12. INDEPENDENT CONTRACTOR. OMEGA shall perform work tasks provided by this Agreement, but for all intents and purposes OMEGA shall be an independent contractor and not an agent or employee of the CITY. OMEGA shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for OMEGA and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 13. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. OMEGA warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of OMEGA to practice its business or profession. 14. 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 OMEGA: 300 North"D"Street San Bernardino,CA 92418 Telephone: (909) 15. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any 3 of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 16. ASSIGNMENT. OMEGA shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of OMEGA's interest in this Agreement without CITY'S prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY'S consent,no subletting or assignment shall release OMEGA of OMEGA's obligation to perform all other obligations to be performed by OMEGA hereunder for the term of this Agreement. I 17. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California,Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 18. GOVERNING LAW. I This Agreement shall be governed by the laws of the State of California. 19. REMEDIES. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies.The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches,unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 20. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs,representatives, successors,and assigns. 21. 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. 22. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance,and the remaining provisions of this Agreement shall remain in full force and effect. 23. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings, either oral or written,relating to the subject manner of this Agreement and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, that are not 4 embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. 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: 12008 THE OMEGA. GROUP I By: Its: i Dated 12008 CITY OF SAN BERNARDINO By: Fred Wilson,City Manager Approved as to Form: James F. Penman.City Attorney By. ICRIMEVIEW San Bernardino Police The Omega Group,Inc. Department,California October 18,2007 Proiect Summary—Ouote The Package total is: $99,240.00 Software: $52,005.00 All Omega and ESRI software includes one(1)year of maintenance. CrimeView Desktop Omega Software: • One(1)licensed copies of CrimeView 4.x ESRI Software: (ESRI Maintenance) By paying maintenance on your existing ESRI software licenses, you will qualify to receive the latest version of each software license that is available. • One(1)ArcGIS 9x and Spatial Analyst extension: CrimeView Web Omega Software: - • One(1)licensed copy of CrimeView Web ESRI Software: • One(1)licensed copy of ESRI's ArcIMS 9.x Omega Dashboard Omega Software: • One(1)licensed copy of Omega Dashboard Viewer, Site License • One(1)licensed copy of Dashboard Administrator,with 1 —5 Connections Other Omega Software: • One(1)licensed copy of The Omega Import Wizard Annual Support $2,495.00 • CrimeView Desktop—One year annual back maintenance Professional Services(Per Task) $44,740.00 Task I CrimeView Desktop Project Planning and Data Collection • Identify GIS map layers and design preferences • Identify source tabular data from RMS and CAD • Collect base map GIS data layers • Connect to records data source, extract sample datasets and send output profiles to Omega using Import Wizard • Collect lookup tables Task 2 CrimeView Desktop Application Development • Add GIS layers to map document and create address locators • Develop and configure data import profiles. Two (2)profiles are included • Create Saved Queries database and design Crystal Report templates Exhibit "A" CRIMEVIEW San Bernardino Police The Omega Group,Inc. Department,California October 18,2007 • Add Omega functionality and other customizations to GIS application • Test application functionality • Develop training documents Task 3 CrimeView Desktop Application Deployment(At Client Site) • CrimeView Desktop Installation: Up to eight (8) hours on-site. One (1) Omega personnel. • Install and configure data import profiles on import machine • Test import,profiles and import historical data • Schedule automated data import process • Install and configure OmegaGIS application on user machines • CrimeView Desktop On-site training: Sixteen (16) hours on-site for five (5) persons,One(1)Omega personnel. • Travel for The Omega Group: One (1) staff members to provide installation and training for one(1)trip - Task 4 CrimeView Desktop Finishing Application Design • Edit and Customize Import Profiles,Saved Queries, Crystal Report Templates and Application Style,per user feedback. • Test Application Functionality Task 5 CrimeView Web Project Planning and Data Collection • Identify GIS map layers and design preferences • Identify data fields from each data set to be displayed in CrimeView Web Task 6 CrimeView Web Application Development • Add GIS layers to map document and create address locators • Create map configuration file • Create data import profiles • Create Map Services • Attach Databases or Import data into SQL server • Create Saved Queries for each data set • Create config.xml file • Add Reports • Add Omega functionality and other customizations to GIS application • Additional graphics to web page, reports and/or splash screen Task 7 CrimeView Web Application Deployment(Via Remote Connection) • Install and configure OmegaGIS application • Configure data import profiles • Test import profiles and import historical data • Schedule automated data import process • Install and configure Omega Web application on Web Server CRIMEVIEW c'1°Bernardino Police The Omega Group,Inc. Department,California October 18,2007 • Test Omega Web application functionality and tune application with client resources Task 8 CrimeView Web Application Deployment(at Client Site) • One(1)Day(up to 8 hours)on-site. One (1) Omega personnel. • Application Training o User Training o Application maintenance requirements • Travel for The Omega Group staff members to provide training for one(1)trip Task 9 Omega Dashboard Deployment(via Remote Access) • Omega Dashboard Installation via remote access • Install SQL Server 2003 on web server or SQL Server 2005 Express • Install IIS on web server • Install Dashboard Administrator and Dashboard Viewer components on the web server • License Dashboard extension that is available from a machine with The Omega Desktop software. • Configure administration and user access • Omega Dashboard Performance Testing Task 10 Omega Dashboard training(At Client Site) • Provide up to twelve (12)hours of Dashboard Training over two(2) days onsite: • Dashboard Data Creation (Using CrimeView Desktop) • Dashboard Data Automation • Dashboard Administrator Software Management • Provide any additional deployment steps not performed under Omega Dashboard Deployment. • Travel for The Omega Group staff members to provide training for one(1)trip NON-DISCLOSURE This quote has been prepared by the sales division of The Omega Croup and is a confidential document that contains ideas,concepts, methods and other proprietary mfomration_Readers are to treat the info®adon contained herein as confidential and may not copy or reproduce any of these materials for distribution outside of their organization without the written permission of The Omega Group._ The quote will remain valid for 6 months from the date on the quote for Omega Software and services only. During the same 6 months,dollars associated with ESRI software,ESRI training or Hardware cannot be guaranteed by Omega. Maintenance Please see the Customer Support Program for detailed services and limitations for Omega solutions. Total Omega Software Maintenance Annual Cost $7,490.00 Total ESRI maintenance Annual Cost $3,000.00 CRIMEVIEW' San Bernardino Police The Omega Group,Inc. Department,California October 18,2007 Omega Maintenance Plan The Support fee is paid annually. The fast year of support for each application is included in the initial purchase and begins 30 days after the completion of each application or at upon the date of acceptance. Support identified below is for Omega software and services only. Application Total Costs CrimeView Desktop Package $2,495.00 CrimeView Web Package $3,495.00 Omega Dashboard Package $1,500.00 Total Omega Software Maintenance $7,490.00 ESRI Maintenance Costs The San Bernardino Police Department will be required to stay active and current with its ESRI Software Maintenance Package. The maintenance costs are for the software quantities identified in this package. ArcView and Spatial Analyst The table below represents the cost of maintaining the first copy of ESRI's ArcGIS 9.x software, plus the extension (Spatial Analyst), followed by the secondary (second, third, fourth,etc)copy. Software Quantity Unit Costs Total Cost Primary ArcView 9.x single use 1 $1000.00 $1,000.00 license, with one or more extensions ArcIMS The table below represents the cost of maintaining ESRI's ArcIMS 9.x software Software Quantity Unit Costs Total Cost ArcIMS Standard Edition 1 $2,000.00 $2,000.00 Total ESRI maintenance $3,000.00 Maintenance costs are current, as of October 2007. It is the client's responsibility to be aware of any changes in maintenance costs for ESRI software/terms and conditions. The first year of support for each software license is included in the initial purchase. The first annual payment of maintenance occurs 1 year from the date of purchase. ESRI will invoice the client directly and client should make all payments directly to ESRI. • �!CRIMEVIEW San Bernardino Police The Omega Group,Inc. Department,California October 18,2007 Payment Schedule In consideration of the services to be performed by Omega, Omega shall be entitled to compensation in the total amount of$99,240.00. The payment schedule consists of four payments and is due as follows: • Ten percent $9,924.00 of the total amount due upon execution of this (10%) Agreement. • Ten percent $9,924.00 of the total amount due upon delivery of CrimeView (10%) Desktop and Omega Import Wizard software, ESRI Upgrade(Maintenance Costs), and Annual Support Cost for CrimeView Desktop • Thirty percent $29,772.00 of the total amount due upon completion of Task 3 30%) CrimeView Desktop Deployment • Thirty percent $29,772.00 Of the total amount due upon completion of Task 6 30%) CrimeView Web Application Development - • Ten percent $9,924.00 Of the total amount due upon completion of Task 7 10%) CrimeView Web Application Deployment • Ten percent $9,924.00 of the total amount due thirty(30) days after (10 0/0) completion of services Data Specifications Datasets to be Imported via Omega Import WizardTM The client operates a Tiburon CAD/RMS system. The following data sets represent tables of data to be extracted by The Omega Import Wizard. An Import Profile will be built for each data set listed- CAD—Calls for service RMS—Incident database Please review the Omega Import Wizard Appendix for more details regarding the Omega Import Wizard and the use of Profiles. Because a significant amount of work (and cost) can be attributed to the incident or person data being imported, it is important that Omega Project Management have access to local knowledge regarding the RMS or CAD data/database as outlined under General Requirements(see next page). CRIMEVIEW San Bernardino Police The Omega Group,Inc. Department,California October 18,2007 General Requirements Client Project Management Critical to the success of every implementation is having the appropriate client staff prepared to be active participants and to understand what is expected from them for the duration of the implementation. Two critical components to this implementation pertain to local knowledge of data schema for the RMS/CAD data sources and what data should be available for mapping and reporting. Database Schema The client should expect to provide staff resources who can demonstrate knowledge of the tabular structure (schema) of the RMS, CAD and other data sources. These persons will be expected to assist Omega Technicians in building SQL statements that includes all the fields of data that the client wants for mapping and reporting. This assistance would primarily be in the form of understanding database structure and table relationships. Report Data The client should expect to provide staff resources who can confirm what data needs to be included for mapping and reporting. These persons should have direct experience in working with crime data through current extractions from the RMS, CAD and other data sources and from the perspective and experience of a crime analyst. The Omega Group maintains an inventory of data extraction templates (e.g. SQL Statements) that can be used to as a starting point for the development of a customized data interface. However, having client staff that can provide local knowledge of the database can reduce the overall project time, facilitate the ongoing maintenance of the application and produce a more useful crime mapping and reporting environment. Project Planning Remote Connectivity: Secure or confirm remote access via the use of Expert City's GoToMyPC or the use of a VPN Connection. • Establishing Remote Connection to the Server(s). • Data Collection, Installation and Technical Support may be performed through remote connection, reducing cost of project and time it takes to complete services • Omega Recommends ExpertCity's GoToMyPC or VPN for remote connections ■ Provide Network IP Address if VPN is used • If the client is unable to provide high speed remote access with GoToMyPC or similar connection software to The Omega Group for the collection of the required data sets then an additional fee will be charged to the client based on the additional time required for data collection. ` qcRIMEVIEVV- San Bernardino Police The Omega Group,Inc. Department,California October 18,2007 Data Geography: The client will provide for the geographic base data for the project. In addition to the Street Centerline this may include: Parks, Schools, Beats, Reporting Districts, Landmarks, Stations, Parcels, etc. During the project kick-off a discussion regarding the type and availability of data will ensue. • Street Centerline File: The client must provide accurate reference data that will be used to generate a geocoding service. Typically the reference data is a street centerline file,address points or a parcel layer. Data Collection (For CrimeView Web) • Provide an .mxd file that includes geographic shapefiles or feature classes with desired RGB values and desired extents. • What are the Colors for each layer and the extents for which layers automatically turn on/off • Client should design the .mxd and sign off on the finished design, or sign off on Omega to determine the standards. • Confirm datasets to be used with the application(Associated with the `What' Tab in the application o Common datasets include: Incident Reports, Calls for Service, Parolees, Arrestees, Sex Offenders, Gang Members • Confirm which of the geographic shapefiles or feature class data will be used for the `Near a Feature' query. This routine creates a buffer distance around the selected features • Common data includes: Buildings, Schools, Parks, Police Stations, Major Roads,Neighborhoods • Provide both common name(parks)and file name(parks.shp) • Confirm which of the geographic shapefiles or feature class data will be used for the `Within a Boundary' query. This routine filters the incident or person dataset for the boundary selected • Common data includes: Zip Codes, Police Beats, Districts, Neighborhoods,Wards,Police Team Areas,Reporting Districts • Provide both common name(parks)and file name(parks.shp) • Confirm street file to be used for geocoding. • Provide exact name(i.e. centerlines.shp,streets.shp, etc.) • Address style should be `US Streets with Zone' Shapefile Implementation Requirements for Shapefiles: • Field names for each Shapefile must be in Capital Letters 19 CRIMEVIEW San Bernardino Police The Omega Group,Inc. Department,California October 18,2007 • frThe Directory path o Data Shapefiles should stay the same0i.e. Incident Reports, CAD, Known Offenders,etc.) o If directory Changes, then the work spaces in the .axI file must be updated to recognize the new directory path. • The Directory path for Geographic Shapefiles should stay the same(Di.e. Parks,Zip Codes, Rivers, etc.) o If Directory Changes,then the work spaces in the .axl file must be updated to recognize the new directory path System Architecture ArcIMS Server Implementation Requirements for ArcIMS installation, when Omega provides the installation/ configuration services: • Provide server name to Omega Project Management • Provide IP Address of the ArcIMS Server - o Need IP Address for Web Server if separate from ArcIMS Server • Provide Local Administrative Login: User Name and Password o Need Local administrative login for Web server is separate Requirements for ArcIMS Server if ArcIMS software is already installed on the server: • Provide ArcIMS Administrator Login: User Name and Password Prior to the CrimeView® Enterprise Installation: the following items should be completed by the Network Administrator/GIS Coordinator: • ESRI Training Course: The onsite administrators have completed ESRI's Training Courses. o The Omega Group highly recommends all personnel working with CrimeView to have the Introduction to ArcGIS I and/or Introduction to ArcGIS II training in addition to CrimeView training. At least one person, preferably the on-site CrimeView administrator, should have a solid understanding of ArcGIS (ArcMap and ArcCatalog). The Omega Group requires that at least the system administrator or primary user receive ArcGIS training prior to receiving CrimeView training. o GIS Training: The Omega Group recommends that all personnel administrating CrimeView Web attend the Introduction to ArcGIS I training course or possess comparable GIS experience before receiving CrimeView Web training. At least one person, preferably the primary system administrator, should have a solid understanding of GIS. GIS training is not available directly from Omega but can be taken from ESRI or from approved training centers at the following web address: http://www.esri.com/trainin-a/index.html. 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER FOR 3 THE PURCHASE OF SUPPORTING COMPUTER SERVER HARDWARE FOR A "CRIMEVIEW ENTERPRISE" POLICE TACTICAL MAPPING SOLUTION FROM 4 ZUNESIS, INC. OF CENTINNIAL, COLORADO. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY .OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. That the Mayor and Common Council approve a local competitive bid 8 exemption allowing the Purchasing Manager to use the 2007 open competitive Western States 9 Contracting Alliance(WSCA)computer hardware bid award to Zunesis,Incorporated,of Centinnial, 1 o Colorado for the computer server hardware needed to support the Police Department's"CrimeView 11 Enterprise"police tactical mapping solution (per Municipal Code 3.04.010 (b)(2)). 12 SECTION 2. That the Purchasing Manager is authorized to issue a Purchase Order to 13 Zunesis, Inc., of Centennial, Colorado, (HP Public Sector Sales' assigned WSCA vendor) for the 14 purchase of computer hardware necessary for the"CrimeView Enterprise"police tactical mapping 15 solution as outlined in Zunesis' Quote #1469073 dated November 14, 2007. The Purchase Order 16 shall read "San Bernardino 3x DL380GS +Rack+ LTO-3 SB Bundle. Not to exceed $30,000." 17 SECTION 3. The above authorization is rescinded if not issued within sixty (60) days of 18 the passage of this resolution. 19 20 21 22 23 24 25 26 27 7 28 //// 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER FOR 2 THE PURCHASE OF SUPPORTING COMPUTER SERVER HARDWARE FOR A "CRIMEVIEW ENTERPRISE" POLICE TACTICAL MAPPING SOLUTION FROM 3 ZUNESIS, INC. OF CENTINNIAL, COLORADO. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held on the 6 day of , 2008, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 BAXTER 1 o BRINKER 11 DERRY 12 KELLEY 13 JOHNSON 14 MCCAMMACK 15 Rachel G. Clark, City Clerk 16 17 The foregoing resolution is hereby approved this day of , 2008. 18 19 Patrick J. Morns, Mayor City of San Bernardino 20 Approved as to Form: 21 JAMES F. PENMAN, City Attorney 22 23 24 25 26 27 28 2 I I