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CJTY OF SAN BERNQlblNO - REQUEST ..::k. COUNCIL ACTION
Fro,,:
Fred Wilson
Asst. City Administrator
Subject:
Resolution authorizing agreement
with PRC Public Management Services
for computer system to upgrade
CAD and RMS systems.
Dept:
Date:
May 1, 1991
Synopsis of Previous Council action:
3/11/91 --
Council.MIS Ad Hoc Committee recommended Mayor and Council
approval of purchase of Dual Host VAX 4000 and DEe 5500
computer system.
Mayor and Common Council approval to negotiate for purchase
of a Digital Equipment Corporation Dual Host VAX 4000,
Model:300 computer system and DEC system 5500 to replace
existing Police Records Management, Computer Aided Dispatch
and McDonnell Douglas business/financial applications
computer systems.
2/22/91 --
Recommended motion:
Adopt resolution.
fMJl;.",~"
Contact person:
Fred Wilson
Phone: 5124
FUNDING REQUIREMENTS:
A $493,357*
mount:
Ward:
$473,357 (hardWarel
20,000 (software
Supporting data attached:
yes
. (A N) 679-103-55486
Source: cct. o.
(Acct. Descriotionl
Finance:
l\J-) Dr----
Council Notes:
5~/9/
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Agenda Item No - -I
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AGREEMENT WITH PRC PUBLIC MANAGEMENT SERVICES, INC. FOR THE
PURCHASE, INSTALLATION AND SUPPORT OF A NETWORKED COMPUTER
SYSTEM RELATED TO THE UPGRADE OF THE CITY'S POLICE RECORDS
MANAGEMENT AND COMPUTER AIDED DISPATCH COMPUTER SYSTEMS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to to execute on behalf of said
City an agreement with PRC Public Management services, Inc. for
the purchase, installation and support of a networked computer
system to upgrade the city's current Police Records Management
and Computer Aided Dispatch computer systems, a copy of which is
attached hereto, marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
SECTION 2.
The authorization to execute the above
referenced agreement is rescinded if the parties to the
agreement fail to execute it within sixty (60) days of the
passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the city of San
Bernardino at a
meeting thereof, held on the
day
by the
of
,
1991,
following vote, to wit:
/ / / / /
/ / / / /
/ / / / /
/ / / / /
/ / / / /
/ / / / /
RESOLUTION~HORIZING AGREEMENT WITH ~ PUBLIC MANAGEMENT
SERVICES IN~FOR UPGRADE TO CITY'S RMS AND CAD COMPUTER SYSTEMS.
1 council Members:
AYES
NAYS
ABSTAIN
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13 day of
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
, 1991.
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w. R. HOLCOMB, MAYOR
City of San Bernardino
Approved as to form and
legal content:
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19 JAMES F. PENMAN
20 :ty~
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AGRBBMBlIT
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THIS AGREEMENT, made and entered into this
day of , 1991, by and between the CITY OF SAN
BERNARDINO, a Charter city ("city"), and PRC PUBLIC MANAGEMENT
SERVICES, INC., a corporation with a place of business at 1500
Planning Research Drive, Mail stop #3W6, McLean, Virginia 22102,
hereinafter referred to as ("Contractor").
WI'nIB88BTH:
WHEREAS, the City did accept the
Contractor; and
proposal of the
NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SCOPE OF CONTRACT
The contract specifies the contractual terms and conditions by
which the City will procure services from the Contractor,
including, but not limited to: Upgrade of the CAD and RMS
hardware, procuring the computers and associated equipment,
provide technical resources to migrate and CAD programs and
provide consulting services in implementing the upgrade. Such
services shall conform to Contractor's proposal M-760 dated
March 8, 1991, attached hereto and made part of this contract.
2. TERM OF AGREEMENT
The term of this Agreement shall begin upon the execution hereof
by the City Administrator and shall continue through the
implementation of the City's System or twelve (12) months,
whichever occurs first, unless sooner terminated or extended as
hereinafter provided.
3. CHANGES
City may require changes in the scope of the services to be
performed by Contractor hereunder. All such changes, which are
mutually agreed upon by and between all parties, shall be
incorporated in written amendments to this Agreement. All such
amendments shall state any increase or decrease in the amount of
the compensation due Contractor for the change in scope.
4 . STANDARD OF PERFORMANCE
Contractor shall certify, in writing, to the City when said
System software supplied by Contractor hereunder is installed
and ready for use. The system shall be ready for use when the
function testing has been completed in accordance with Section
5.
If said System operates on line at a level of effectiveness of
ninety-five (95%) percent for a period of thirty (30)
consecutive days from the commencement of the performance
period, it shall be deemed to have met the city's standard of
performance for that phase of the system.
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5. SOFTWARE ACCEPTANCE
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Contractor agrees to enter into Agreement to install and support
the application software identified herein.
Contractor agrees to make its staff available for phone
consultation regarding warrantable software modules during
normal business hours for the thirty (30) day Software
Acceptance Testing period.
SOFTWARE ACCEPTANCE TESTING - All software products furnished
by Contractor shall be subject to Acceptance Testing as follows:
A. Following delivery and installation of the software
on the DEC system at city's site, Contractor shall
certify in writing to City that the software is
ready for Acceptance Testing. with Contractor's
assistance, City shall, within five (5) business
days of receipt of such certification, operate the
software on such system to determine whether:
1. The software is capable of running on the DEC 4000
Computer System and the VMS 5.4 operating system;
2. The software substantially performs in the manner in
which the current system operates;
3. The software is capable of running on a repetitive
basis on a variety of city's actual data; and
4. The documentation for the software changes has been
provided.
B.
During the Performance Period of Acceptance Testing,
thirty (30) calendar days of operational use time
with productive or simulated work will be considered
as a basis for computation of the effectiveness
level.
1.
On the date the software meets these Acceptance
Tests, City shall so notify Contractor 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.
2.
If the software fails to meet any or all of the
above-specified Acceptance Tests, City shall
forthwith notify Contractor of such failure in
writing and Contractor shall have five (5) calendar
days after receipt of such notice in which to
correct, modify, or improve the software to cause it
to meet each Acceptance Test. Thereafter, City
shall have thirty (30) additional business days in
which to reconduct 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, if the
software is not accepted hereunder within ninety
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~O) days after contra~r's initial written
Acceptance Testing, City may declare Contractor in
default and give written notice to that effect.
6. EOUIPMENT MAINTENANCE
Digital Equipment Corporation shall provide maintenance for DEC
equipment for one (1) year from date of equipment installation.
After the expiration of the one (1) year period, city shall be
responsible for equipment maintenance. Contractor shall assist
City in obtaining additional maintenance services.
7. CLARIFICATION PROCEDURES
The city shall have a maximum of five (5) calendar days from the
receipt of written correspondence from the Contractor in which
to respond, in writing, to the clarification, proposed solution
or any other situation requiring a written response from the
City. If the City believes the contents of such correspondence
does not conform to the requirements of this Agreement, or
otherwise disagrees with such correspondence, it shall so notify
Contractor, in writing, within the above-stated five (5) days,
defining in detail such non-acceptance. In the event the city
finds the content of the correspondence conforming to the
requirements of this Agreement, it shall, within the above
stated five (5) days, notify Contractor, in writing, of this
fact, and such notification shall constitute final acceptance of
the content of the correspondence delivered. Should the City
fail to respond within five (5) days, the content of the
correspondence shall be deemed accepted.
8. FACILITIES
During the course of this Agreement, City shall provide
Contractor's personnel with adequate work space for consultants
and such other related facilities as may be required by
Contractor to carry out its obligations enumerated herein.
9. CONTRACT AMOUNT AND PAYMENT SCHEDULE
City shall pay to Contractor for equipment and services (Exhibit
A") performed by Contractor hereunder progress payments in the
amounts set forth on the Payment Schedule (Exhibit "B"),
attached hereto and hereby incorporated herein and made a part
hereof by reference.
10. CONTINGENCIES
In the event that, due to causes beyond the control of and
without the fault or negligence of Contractor, Contractor fails
to meet any of its obligations under this Agreement, such
failure shall not constitute a default in performance, and the
City shall grant to Contractor such extensions of time and make
other arrangements, additions, or revised payment as shall be
reasonable under the circumstances.
11. TERMINATION BY THE CITY
If Contractor should be adjudged bankrupt or should make a
general assignment for the benefit of its creditors, or if a
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receiver ~ld be appointed on accou~of its insolvency, City
may terminate this Agreement. If Contractor should persistently
or repeatedly refuse or should fail, except in cases for which
extension of time is provided, to provide enough properly
skilled workers or proper materials, or persistently disregard
laws and ordinances, or not proceed with work or otherwise be
guilty of, a substantial violation of any provision of this
Agreement, then city may terminate this Agreement. Prior to
termination of this Agreement, City shall give Contractor thirty
(30) calendar days written notice. Upon receipt of such
termination notice, Contractor shall be allowed thirty (30)
calendar days to cure such deficiencies.
12. ASSIGNMENT
Neither this Agreement, nor any portion thereof, may be assigned
by Contractor without the written consent of the City first
having been obtained. Any attempt by Contractor to assign any
performance of this Agreement without the written consent of the
City shall be null and void and shall constitute a breach of
this Agreement.
13. PATENTS
Contractor shall indemnify, defend, and hold free and harmless
the city, it's officers and employees from all liabilities,
claims, damages, costs, or expenses, including, but not limited
to attorney's fees imposed upon them or any of them, for any
alleged infringement of patent rights or copyrights of any
person or persons in consequence of the use by City, it's
officers, employees, agents, and other duly authorized
representatives of articles or processes supplied to City by
Contractor under this Agreement.
14. SECURITY AND PRIVACY
Contractor agrees that none of its 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, suit, or
other judicial or administrative proceedings, unless ordered by
a court of competent jurisdiction. The city shall be notified
immediately upon receipt of any such order of court, pertaining
to production of such information.
Contractor shall incorporate the foregoing provisions of this
paragraph in all of its authorized subcontracts.
15. COVENANT AGAINST CONTINGENT FEES
Contractor 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 the Contractor for the purpose of securing business. For
breach or violation of this warranty, City shall have the right
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to termina~ this Agreement in accor~ce with the termination
clause 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.
16. LICENSE
Contractor grants to the City a non-assignable, non-
transferrable and non-exclusive 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
the prior written consent of Contractor, directly or indirectly
disclose, proliferate, provide or otherwise make available, or
permit, any disclosure, proliferation, provision of or making
available of, the software in any form, in whole or in part, to
any other person, firm, corporation, government agency,
association or other entity. Further, the city agrees that it
shall not, without the prior written consent of Contractor, copy
or reproduce (except as necessary for archive, diagnostic,
backup, emergency restart purposes or any other use solely by
the City), the software, in whole or in part. Neither the
license granted to the City by Contractor nor the software may
be, in whole or in part, assigned, sub-licensed or otherwise
transferred by the City without the prior written consent of
Contractor nor may the city knowingly, directly or indirectly,
permit any use of the software, in whole or in part, by any
other person, firm, corporation, government agency, association
or other entity, without the prior written consent of
Contractor. Futher, the City agrees to comply with such other
terms and conditions applicable to any software furnished by
Digital Equipment Corporation to Contractor and provided to the
city under this Agreement, which are imposed by Digital
Equipment Corporation.
17. WARRANTY: REMEDIES
A.
Warranties
For a period commencing on the date of Final Acceptance
and one year thereafter, Contractor warrants that the
services performed by it under this Agreement shall be
performed in accordance with the ordinary skill and care
which would be executed by those who are knowledgeable,
trained and experienced in rendering these types of
services at the time such services are performed. The
warranty for equipment provided by Contractor under this
Agreement shall be in accordance with the warranty
Contractor received from its supplier. TBBSB "RRa~IBS
ARB IR LIBU 01' UD BXCLUDB ALL OTBBR 1rURUl'J!IBS 01' AllY
KIIID, BITBBR BDRBSS OR IMPLIBD, IRCLUDZRG, BUT ROT
LIMITBD '1'0, AllY 1rA1UlAIl'lY 01' MBRCDIl'l'ABILI'l'Y OR I'I'1'JI1BSS
POR A PARTICULAR PURPOSB UD AllY 1rA1UlAIl'lY WHICH MAY ARISB
BY aBASOR 01' USAGB 01' TRADE OR CUS'1'OM OR COURSB 01'
DEUIRGS.
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B. Remedies
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1. If, durinq the warranty period specified in Section
A, the City (a) discovers that the equipment
provided by Contractor under this Aqreement is not
in accordance with the express warranty set forth in
section A and (b) notifies Contractor in writinq of
such, then Contractor shall, without charqe to the
City and on behalf of the City, be responsible for
the enforcement of, or will perform without charqe,
the applicable obliqations which the supplier of
such equipment may have with respect to repairinq or
replacinq such equipment to the extent necessary to
correct such defects.
2. If, durinq the warranty period specified in section
A, the City (a) discovers that the services
performed by Contractor under this Aqreement had not
been performed in accordance with the express
warranty set forth in Section A and (b) notifies
Contractor in writinq of such faulty services, then
Contractor shall, without charqe to City, reperform
such services to the extent necessary to correct the
fault therein.
3. THE RBMBDIBS SBT FORTH I. THIS SBCTIO. B ARB I. LIBU
OF UD BXCLUDB ALL OTRBR RBIIBDIBS AVAILaBLB TO THE
CITY RBLATI.G TO nRRAlITIBS FOR PRODUCTS UD
SBRVICES PROVIDBD UBDBR THIS AGRBBMBBT.
18. INDEMNITY
Contractor shall indemnify, defend and hold harmless city from
and aqainst any and all claims, demands, suits, actions,
proceedinqs, judqments, losses, damaqes, injuries, penalties,
costs, expenses (includinq attorneys' fees) and liabilities of,
by, or with respect to third parties, which arise solely from
Contractor's neqliqent performance of services under this
Aqreement. Contractor shall not be responsible for, and City
shall indemnify, defend and hold harmless Contractor from and
aqainst, any and all claims, demands, suits, actions,
proceedinqs, judqments, losses, damaqes, injuries, penalties,
costs, expenses (includinq attorneys' fees) and liabilities of,
by, or with respect to third parties, which arise solely from
the City's neqliqence. with respect to any and all claims,
demands, suits, actions, proceedinqs, judqments, losses,
damaqes, injuries, penalties, costs, expenses (includinq
attorneys' fees) and liabilities of, by, or with respect to
third parties, which arise from the joint or concurrent
neqliqence of Contractor and city, each party shall assume
responsibility in proportion to the deqree of its respective
fault.
19. CONSEOUENTIAL DAMAGES
In no event shall Contractor be liable for special, indirect or
consequential damaqes of any nature. However, this section is
not intended to limit, in any way, the insurance coveraqe set
forth pursuant to Article 24 of this Aqreement. Contractor's
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be absolutely and Wi~ut exception be limited
coverage provided pursuant to Article 25 of
liabili ty sQu
to the insurance
this Agreement.
20. CONTRACT REPRESENTATIVES
Any changes in the method or nature of work to be performed
under this Agreement must be processed by the City through the
Contractor's Contracts Manager. Upon the execution of this
Agreement, the city will name its representative who will be
legally authorized to obligate the City under this Agreement.
21. 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:
"CITY"
city of San Bernardino
MIS Department
300 North D Street
San Bernardino, CA 92418-0001
Attn: Ms. Janis Ingels
"CONTRACTOR"
PRC Public Management Services, Inc.
1500 Planning Research Drive
Mail stop #3W6
McLean, Virginia 22102
Attn: Darrell Bertness,
Vice President
Finance & Administration
22. VALIDITY
The invalidity, in whole or in part, of any provision of
Agreement shall not void or affect the validity of any
provision of this Agreement.
this
other
23. GOVERNING LAW
This Agreement shall be governed according to the laws of the
State of California.
24. INSURANCE
During the term of the Agreement, Contractor shall provide and
maintain, at its own expense, the following programs of
insurance covering its operations under this Agreement. The
programs of insurance is defined in the Contractor's Certificate
of Insurance (Exhibit "cn).
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AGREEMENT ~ PRC PUBLIC MANAGEMENT St:)ICES, INC. FOR THE
PURCHASE, INSTALLATION AND SUPPORT OF A NETWORKED COMPUTER SYSTEM
TO UPGRADE THE CITY'S POLICE RECORDS AND DISPATCH COMPUTER
SYSTEMS.
25. SOFTWARE MAINTENANCE
Maintenance of Contractor's application
under current maintenance agreement in
Contractor.
software shall continue
effect between City and
26. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement
between the parties hereto and supersedes all prior and
contemporaneous negotiations, representations, understandings
and agreements, whether written or oral, with respect to the
subject matter hereof. This Agreement may be amended only by
written instrument signed by the parties hereto.
IN WITNESS WHEREOF, the parties have executed this
Agreement on the day and year first above written.
City of San Bernardino
By:
W. R. Holcomb, Mayor
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
B~
Contractor
PRC PUBLIC
SERVICES, INC.
MANAGEMENT
By:
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EXHIBIT A
o
~ ~~s.Mcee.....
'SOlI "....... AleU.ol. 0....
MGl.eIn. VA 22'01
703 III ITOO
FAX 103-"'" ,.
line
March 8, 1"1
M-7eO
MI. Shauna Ectwim
City Ac:lmiDistmor
Cty of SIn Bemardino
0fiicIt of the City Administrator
300 No:th D SlNet
s.n Bema:dino, California 92418-0001
ee.r Ms. EdwiDs:
PRe PubUc Manapment Services, lne. is pIeued to pu~.ent tNt F<lPOHl to PI'OVkIe
tumkey system In~atlon services to achIeve a hardware upp'Ide of your CAD Uld
RMS sYltemI combiDed with the seXtwant miptkm of your CAD 1,~
Tlda piOpoNl hq been reviewed wt~th Bquipment ~ticm IZId is a
c:amp1em8nblJ'y oHet to tbtir offer to tM_ ~ with 11\ addltioNl tn"lll'i iff
~ter Iystn\ Uld a fiber opIk: k whlch UNcs that .,..... with the new
aNllOdS lwdwant pia....... PKC will work cIoIely with'Dllhal to Cl>>tdiNte
the ~ ~t Uld netno.k inmlJatkm .,cr...1:l. wbJch wID. be pnmdlcl to
you dlrKtly by DIptaL
Wh1Ie PRe is providJng the uppcled hmlwaze for the RMS 8y8tem. tbt one (1)
adivity not ~ by tJds pmpolll ~ ~ ~ mig,ration and Integratfon which
PRe UndentIadI WI1f be ~ independ.ctIy by the Cty with 'I1buroft. .
With ~ to .. CAD upsrade. PRe will proyide (1) owraU ~
~ ad ...-....~ (2) cutDYer p~ (S) me D''r~ (4) _.aiv.. of the
CAD friiIn ... c:....-d Mrdwue plall",... to VAX 4OQO hlirdw-.; (5) ~lfon of
CAD 1OIn.... to ."'II;~1 VMS 5.4 versus tlw CUI'IW\t VMS level; ad (6) ~
of CAD soft.... ID ICIr>>InDIOdate VMS Volume sbadowblg. PRe will be die sizIg1e
polN of contact for thft IyJttm mip'ation.
PItC Y'''Y'1ff to provide the hardware and services delineated above far the pn.
t:nWlla~ beloW:
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PRC PUBLIC f~NAGEr~NT SERVICES, INC.
91/21'd
v0:01 16. 62 dd~
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MI. 5baUI1A HdWilla
Marth 8, 19ft
Pap Two
1. The hardware enwneratlld in AtIaclunent 1 (wbicb. curtes a Dllltal
~t <:.,........ltxm LIst Price of $634,953) for a finD fixed pilei of
$Q4M7 plu. appllcai:lle Sal.. TM. INurance wU1 be blUed ~
at $3,1" and shipping will be billed at CI:lIt. blsta11atian w1U bit
provided by Dlgital wiihfn the scope oil.. ~19I-"tary y.Q~ to
tM ety.
%. Tumkey services u deUneated above, to inItal1 the CAD .,.. on the
MW lianlware pla1fonn ;md In the modlftecl s)'ltell\ software
environment for a firm fixed price of $20,000.
This revised pricing Is a result of the joint efforts of J?iIita11iquipment Corporation
and PRC to ptDvida the City with the best r--ible solution IltG Nsolve the issue of
t\lmkey respoasibll1ty. This quote supercedes oW' previous quotes dated Pebnwy 26,
1991 and March 6, 1991.
W. look forward to suppol"l:lng the City of San BernardiDo in tbIs upsrade pIOjIct.
We believe that the City's rel1ana! on a SIftgle experlenClId contractor to pzuride the
CAD hlrdware, software lInd integration servioes required to rebolt an operationll
critical public: llIfety syttBl is in die Oty'. bett 1zUeI....1lI; .
~ feel free to call Mr. Richard O'CGnno: in our 0raDp offtc:e at 7t40s.G9765 JI
you have any questioN regarding thls quotation.
SIncerely,
~e.e~
Nldllel Drewes
SeIlior' Vice Plwldent
PabIk W~ll Dlndan
MD/kc
AlIac:hr.~
CC Me. Juice InpIs
12
PRC PUBLIC MANAGEMENT SERVICES, INC.
9!/n'd
~0:0! !6, 62 ~
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13 PRe PUBLIC MANAGEMENT SERVICES, INC.
90:01 ~6, 62 ~
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PRe PUBLIC MANAGEMENT SERVICES, INC.
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EXHIBIT B
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Contract Amount and PaYment Schedule
I. Payment Schedule
A. Hardware - the price of the equipment listed in
Exhibit "A" shall be due as follows:
$444,467 plus 6.5% sales tax of $28,890 upon
installation acceptance of DEC services and tests by
the City. All shipping, installation, and insurance
costs are the reponsibility of Digital Equipment
Corporation.
HARDWARE TOTAL
$473.357
B. Software and Services - The milestone payments are as
follows:
Final Acceptance
SOFTWARE TOTAL
$ 20.000
$ 20.000
II. Payments are net thirty days from date of invoice.
III.
The total contract amount
Thousand Three Hundred and
including sales tax.
is Four Hundred Ninety Three
Fifty-Seven Dollars ($493,357)
=,-
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Alexander. Alexander Inc.
100 Lfgllt Street
Balttmore, NO 21202
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EXHIBIT G
COMPANIES AFFOADINQ/ COVERAGE
::::r A Insurance ompany Of NPrth Mltr c:a
~". actf C Employers nsurlnc. 0,
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PRe/Pub1tc Management Services
A Black & Decker Company
701 East ~oDPa Roed
Towson. MD 21204
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