HomeMy WebLinkAbout15-Fire Department
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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Subject: Resolution authorizing the Purchasing Manager
to issue a purchase order to Aether Systems
Inc. in the amount of $119,467.75 for Fire
Records Management System (RMS) 5.0
Software.
From:
Larry R. Pitzer, Fire Chief
Dept:
Fire
Date:
September 17, 2001
MCtC Meeting Date:
October 15, 2001
Synopsis of Previous Council Action:
RECOMMENDATION:
1. Authorize the Director of Finance to amend the FY 01-02 Information Services (I.S.) budget and appropriate
$60,700 from I.S. fund balance to account number 679-251-5702 for the purpose of purchasing the Fire RMS
5.0 software from Aether Systems Inc.
2. Adopt resolution.
Contact Person: Larrv Pitzer. Fire Chief
Phone: (909) 384-5947
Supporting data attached: Staff Report. Resolution. Statement of Work and Contract Ward: Citywide
Source:
$119.467.75
(ACCT. No) 679-251-5702
FUNDING REQUIREMENTS:
Amount:
(Acct. Description) I.S. Computer EQuipment
Finance:
Council Notes:
Agenda Item No.
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STAFF REPORT
SUBJECT
Resolution authorizing the Purchasing Manager to issue a purchase order to Aether Systems Inc.
in the amount of $119,467.75 for Fire Records Management System (RMS) 5.0 software.
BACKGROUND
The City purchased a Fire Records Management System (RMS) from Tiburon in 1998. It came
as part of a package deal that included Tiburon CAD and RMS for both Police and Fire.
At that time, Tiburon's RMS for Fire was considered by Fire to be the only viable Fire RMS
software package available. However, the product has not met Fire's needs. In the meantime,
another company has made vast improvements to their Fire RMS package. The Aether
Company's product called Fire RMS 5.0 is now considered by many as the premier Fire RMS
package on the market.
Tiburon's main focus as a company tends to be in Police automation. The City's current Tiburon
Fire RMS is not National Fire Incident Report System (NFIRS) compliant. The cost for that
mandated upgrade is $50,000. Aether's product is both California Fire Incident Reporting
System (CFIRS) and NFIRS compliant upon purchase. Aether does not sell Police RMS. They
focus specifically on Fire; therefore, they are quick to respond to changes and upgrades to
accommodate the specific needs of Fire agencies.
Fire and LS. personnel did extensive research to evaluate the Aether product by interviewing
users, and conducting site visits. The product is in use in Rialto, Redlands, Lorna Linda, Colton,
and San Bernardino County. The City of Ontario also just migrated from Tiburon's Fire RMS
to Aether's. Based on the evaluations, user comments, and ability to seamlessly interface with
surrounding Fire agencies; it was decided Aether's product would best meet our needs. Beyond
Fire reporting requirements, this system also tracks and schedules training, prevention
inspections, and daily staffing. It also contains payroll information, and tracks Fire's day to day
activities in a central database.
The statement of work, (Attachment B), details the five phases that will take place in the project
to ensure an efficient and successful installation and implementation of the new system. The
phases include defining, designing, building, delivering, and maintenance of the system.
The Fire RMS 5.0 software will provide us with a cost effective data collection package that
enables us to contribute our data to both the state and national incident databases. It offers the
most comprehensive, integrated set of modules for the managing, reporting, and analyzing of
department data.
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The Fire Department is requesting a "sole source" purchase order to Aether Systems, Inc. due to
their expertise in the field of record management systems for fire service professionals. Their
knowledge of the state and local requirements, codes, and regulations make them exceptional in
their field of work. Other technology based industries are not equipped with the capability to
supply the Fire Department with the required software, customer service support, and equipment
to make the system effective for the City to utilize. In addition, we believe that there is great
advantage of standardizing RMS with all of our neighboring Fire Departments and the County
Fire Department. Currently, we are the only fire department in the east end of the valley that is
not using Aether's product.
FINANCIAL IMPACT
The Fire RMS 5.0 software from Aether Systems Inc. cost $119,467.75. LS. has identified
$58,800 in the their budget that can be used for this purchase. The funds were originally
budgeted for maintenance and upgrade of the current Tiburon system.
It is recommended that the remaining $60,700 needed for this purchase be appropriated from the
LS. fund. The fund balance is approximately $800,000 and the purpose of these funds is for
replacement and upgrade of City computer equipment. This Fire computer software purchase
falls within the purpose of the LS. fund and for this reason a budget amendment is being
requested to appropriate $60,700 of these funds to be used for the Fire RMS 5.0 software.
The following payment schedule is effective when the purchase order is issued to Aether
Systems Inc:
Contract Signing 25%
Delivery of Software 30%
Implementation of Software 25%
System Acceptance 20%
$29,866.94
$35,840.33
$29,866.93
$23,893.55
RECOMMENDATION
1. Authorize the Director of Finance to amend the FY 01-02 LS. budget and appropriate
$60,700 from LS. fund balance to account number 679-251-5702 for the purpose of
purchasing the Fire RMS 5.0 software from Aether Systems Inc.
2. Adopt resolution.
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RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO ISSUE A
PURCHASE ORDER TO AETHER SYSTEMS INC. IN THE AMOUNT OF $1191467.75
FOR FIRE RECORDS MANAGEMENT SYSTEM (RMS) 5.0 SOFI'W ARE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the Mayor and Common Council authorize the Purchasing Manager to
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issue a purchase order to Aether Systems Inc. in an amount not to exceed $119,467.75 for the
purchase of Fire RMS 5.0 software.
SECTION 2. The Mayor or her designee is hereby authorized and directed to execute
on behalf of the City said License, Maintenance and Software Support Agreement (Attachment
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"A") with Aether Systems Inc.
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SECTION 3. The authorization to execute the above referenced annual purchase order is
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rescinded if it is not issued within sixty (60) days of the passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO. ISSUE A
PURCHASE ORDER TO AETHER SYSTEMS INC. IN THE AMOUNT OF $119,467.75
FOR FIRE RECORDS MANAGEMENT SYSTEM (RMS) 5.0 SOFI'W ARE.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common
Council of the City of San Bernardino at a
meeting thereof, held on the
day of
,2001, by the following vote, to wit:
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COUNCILMEMBERS
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
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ANDERSON
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MCCAMMACK
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Rachel Clark, City Clerk
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The foregoing resolution is hereby approved this
day of
,2001.
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Judith Valles, Mayor
City of San Bernardino
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Approved as to
Fonn and legal content:
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JAMES F. PENMAN,
26 City Attorney
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By: {1~ t- ~
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2001-325
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. YAETHEIt
ETHER™
Aether Mobile Government Division, hereby grants the licensee a nonexclusive, nontransferable
license to use the Sunpro Fire Service Software and related materials subject to the following
provisions:
1 Definitions
1.1 "Product and Software" means the computer software and services purchased pursuant to this
Agreement, and any related documentation, whether in printed or machine readable form, which
documentation Aether Systems, Inc. makes generally available to its customers. Product does not
include third-party software and database products purchased from Aether Systems, Inc. (Le.
Crystal Reports, Microsoft SOL Server, etc.). Product and Software are identified in Appendix A -
Licensee Registration.
12 "Updates" mean maintenance releases (Le. software error corrections) to Product, which Aether
Systems, Inc. provides without charge to maintenance customers.
1.3 "Delivery Date" means that date on which the Product is shipped FOB shipping point.
1.4 "License Period" means the term of this Agreement.
1.5 "Maintenance Period" means the term for which the Annual Maintenance Fee has been paid.
1.6 "Contract Signing" means the date on which this license agreement is signed by the client.
1.7 "Licensee": This Software License is by and between Aether Systems, Inc. and
1.8 "Client' means the department or departments that are licensed to use the Product and Software
identified in this agreement.
2 Grant of Non-Exclusive License. Subject to the provisions of this agreemenL Aether Systems, Inc.
hereby grants Client a non-exclusive, nontransferable, perpetual license to use and execute the Product in
object code form for Client's own internal operations, including the merging of the Product and any
Updates into other programs for Client's own use, provided that any portion of the Product so merged shall
be SUbject to the terms of this Agreement.
2.1 Limitations
2.1.1 CODies: Client shall be entitled to make copies of the Product and any Updates for backup,
disaster recovery, archival, training and test purposes only. Any copy made shall be subject to
the terms and conditions of this Agreement, including Section 5.2 herein, and any other
agreements executed by and between Client and Aether Systems, Inc.
2.1.2 Exoort Control Act: Client agrees to comply with the requirements of the United States Export
Administration Act of 1979 and any amendment thereto, and with all relevant regulations of the
Office of Export Administration, U.S. Department of Commerce.
3 Maintenance and SUDDort.
3.1 Aether will provide client with ongoing Support and Maintenance services during the Maintenance
Period for Product and Software listed in Appendix A, pursuant to the terms set forth in this License,
Maintenance, and Software Support Agreement. Such services shall include:
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3.1.1 Teleohone Suooort. Aether will provide toll free telephone support service for a
minimum of 11 hours per day, five days per week, on the use of the Product and assistance in
error isolation and correction, as more fully described in Addendum B to this Agreement;
3.1.2 Software Error Correction. Upon discovery of software errors, client will first follow the error
procedures specified in Aether Systems, Inc. documentation. If these procedures do not correct
the software error, client shall immediately notify Aether Systems; Inc. to the guidelines set forth
in Addendum B. Aether Systems, Inc. shall attempt to reproduce and verify the error and, if so '
verified, will correct the software error in accordance with Addendum B. If Aether Systems Inc. is
unable to reproduce the software error, Aether Systems, Inc. personnel may travel (at Aether
Systems, Inc.'s option) to client to reproduce and correct the error. If the reported problem is
determined to be an equipment or third party software problem or otherwise not attributable to
the Aether Systems, Inc. software, client shall pay Aether's travel expenses incident to the on-
sit~ visit, and Aether's hourly labor rate at the then-current rate for software support and
consulting, subject to CLIENT's approved budgeting and appropriation for such expenditures. If
the software error is attributed to Aether software Aether shall be responsible for all costs
incurred in the correction of the error.
3.1.3 Prompt investigation and resolution of any errors, defects or other problems reported to
Aether;
3.1.4 Updates to the Product, as they become available. Unless otherwise indicated, product
updates will be available to the CLIENT as downloads from the Aether Web Server on the
Internet.
3.1.5 Equipment, Third-Party Software and Third Party Products. Equipment, Third-Party Software
and Third Party Products acquired under this Agreement or from Aether are warranted by the
manufacturers or licensors thereof. Such warranties as are granted to Aether shall be passed
through to Client. Other such warranties will be granted directly to Client. If, during the warranty
period for an item of Equipment, Third-Party Software or Third Party Products, Client determines
that such items do not perform as warranted, Client may contact Aether using the procedures
described in Addendum 1. Aether shall provide reasonable assistance to Client in trouble-
shooting the reported problem and in assisting Client in making claims under the above
described third party warranties. Notwithstanding the above, Aether makes no warranties,
express or implied, with respect to such Equipment, Third-Party Software or Third Party Products
except that, during the Warranty Period specified herein, the Aether Software shall be compatible
therewith (i.e., shall communicate, share data and otherwise work together with such items
without additional software or hardware not specified in this Agreement) when used and
maintained as specified or instructed by Aether.
3.2 Termination of Suooort and Maintenance Obliaations
3.2.1 Aether's maintenance and support obligations hereunder shall terminate on the first
anniversary (as defined in section 4.2 below) and thereafter on subsequent anniversaries, unless
CLIENT elects to purchase additional support by payment of the Annual Support and
Maintenance Fee (as specified in section 4 below)
3.2.2 Aether's maintenance and support obligations hereunder shall terminate automatically upon
the modification of the Product excluding related documentation (or any portion thereof) by
CLIENT, provided however, that this provision does not suggest or imply that CLIENT possesses
the right to modify the Product.
3.3 Obliaations bv CLIENT's With Resoect to Maintenance
3.3.1 CLIENT agrees to limit Support and Maintenance calls to Aether to two named contacts, one
primary and one secondary. CLIENT will provide these names to Aether during installation.
CLIENT may modify contact names every six months or as agreed to by Aether.
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3.3.2 For Remote Access Telephone support, CLIENT will provide Aether with 24 hour
dial - up computer access to the Product for problem investigation, analysis and other
maintenance needs. Aether agrees to inform CLIENT of the nature of its dial up activities and
obtain CLIENT approval prior to each access.
3.4 Effect of Termination of Maintenance and SUDDOrt Obliaations.. In the event that Aether
maintenance and support obligations are terminated in accordance with the terms and conditions of .
the Agreement, CLIENT shall have no further rights to Updates or support for the Product.
4. Payments
4.1. License Fee. CLIENT agrees to pay Aether the License Fee set forth in APPENDIX A - Licensee
Registration.
4.2. Maintenance and Software SUDDOrt. The ,initial Annual Maintenance and Software Support fee as set
forth in APPENDIX A is in addition to the License Fee, is due and payable at delivery of the software
to the client, and is prorated to an anniversary date of either January 1st or July 1st. Thereafter, on or
before the anniversary date, the Client may purchase, at the then current rates, additional
Maintenance and Software Support. If Client fails to keep an annual Software Support Agreement in
effect, any resumption of such annual support shall be subject to a support resumption fee in addition
to applicable software support fees. In the absence of a currently effective Software Support
Agreement, Software Maintenance and Support shall be provided at Aether's sole discretion and shall
be subject to the then-current hourly rates, plus Upgrade license fees, expenses and other charges.
4.3. Late Charaes. Payments will be considered overdue after 30 days from the date due. Any overdue
payments shall be subject to a service charge equal to the lesser of (a) one and one-half percent (1-
1/2%) per month, or (b) the maximum percentage rate amount allowed by law.
4.4. Taxes. Any sales, use, value-added or other taxes arising from transactions made in connection with
or pursuant to this Agreement (other than taxes based upon Aether), shall be borne by the client.
5. Ownership
5.1. OwnershiD bv Aether- Aether shall retain all proprietary and intellectual property rights in the Product.
The license granted to client herein does not convey any rights of ownership in and to the Products.
All right, title and interest in the Products and in any idea. know-how and programs which may be
developed by Aether in the course of providing any technical services, including any updates,
enhancements or modifications made to the Product, shall at all times remain the property of Aether.
5.2. Intellectual ProDertv Riahts Notices. CLIENT shall reproduce Aether's proprietary rights notice(s) on
any archival and backup copies of the Product made.
6. Confidential Information
6.1 Nondisclosure. Each party agrees that it will not knowingly disclose to any third party any Confidential
Information belonging to the other party and will prevent the unauthorized disclosure of such Confidential
Information. In no event will any party use less care to maintain the Confidential Information of the other
party than it uses to maintain its own Confidential Information.
6.2 Confidential Information. Confidential Information may include (but is not limited to) information
concerning business methods, business plans, concepts, and test results, including the results of any
evaluation of the Product(s). Confidential Information specifically includes CLIENT's patient, donor and
test results data. CLIENT acknowledges that Product and any Updates contain valuable trade secrets and
CLIENT agrees to treat the Products as Confidential Information of Aether.
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6.2.1. Confidential Information does not include
information which is or becomes publicly available through no act or omission of the other
party;
ii information of a party, which that party discloses to a third party without restriction on
disclosure;
iii information which is independently developed; or
iv information which is previously known to the receiving party without nondisclosure
obligations.
6.3 Survivai of Obliaation. The nondisclosure obligations set forth herein shall survive the expiration or
termination of this Agreement.
6.4 Verification. CLIENT agrees to maintain appropriate records of the number and location of all copies or
partial copies of the Products that may be made for CLIENT's internal use (including test, archival and
backup copies). On Aethe~s reasonable request, CLIENT shall furnish Aether with a list of the location,
type and serial number of any and all computers on which the Product is installed and of the location and
usage of all copies made by CLIENT.
7 Indemnity
7.1 Indemnity bv Aether. Aether represents and warrants that it has the right and authority to enter into
and to grant the rights described in this Agreement. Aether will defend, indemnify, and/or settle at its
own expense any action brought against the CLIENT, its trustees, officers, agents and employees to
the extent that such action is based on a claim that the Product infringes any patent, trade secret or
copyright of any third party enforceable in the United States, provided that:
7.1.1. Aether is promptly notified in writing of the claim;
7.1.2. Aether has sole control of the defense and of any negotiations for its settlement;
7.1.3. CLIENT provides Aether with reasonable assistance, information and authority necessary for
Aether to conduct a defense or to negotiate a settlement;
7.1.4. such claim does not arise from the use of a superseded or modified release of the Product;
7.1.5. should the Products become, or in Aethe~s opinion be likely to become, the subject of any
such claim of infringement, then CLIENT will permit Aether, at Aethe~s option and expense,
either to procure for CLIENT the right to continue using the Products or to replace or modify the
Products or portion thereof to be non infringing with substantially the same functionality.
This section states Aethe~s entire liability for infringement or alleged infringement of copyright, patent or
trade secrets by the Product.
7.2 Indemnity bv CLIENT. CLIENT will defend or settle, at ifs own expense, any action brought against
Aether to the extent that it is based on a claim that any of the CLIENT's intemally developed software
incorporating and/or utilizing the Product infringes any patent, copyright, or trade secret right of any
third party enforceable in the United States, provided that:
7.2.1. CLIENT is promptly notified in wr~ing of the claim;
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7.2.2. CLIENT has sole control of the defense of the claim and of any negotiations for
settlement of the claim;
7.2.3. Aether provides CLIENT with reasonable assistance, information, and authority to perform the
above.
This section states CLIENT's entire liability for infringement or alleged infringement of patent, copyright
or trade secrets by CLIENT's internally developed software incorporating and/or utilizing the Product.
S Warranty and Disclaimers of Warranty
8.1 Warranty. Aether warrants that, when delivered, the Product will operate substantially in accordance
with published documentation when operated in the intended hardware and operating system
environment, including the user guides and documentation provided with the Product. These
warrant1es and Aether's maintenance obligations shall not apply if errors or problems result from
CLIENT's negligence or improper use of the Product.. Except as otherwise set forth in this
Agreement, Aether does not warrant that the product will operate without interruption or be free of
errors.
8.2 Limitation of Remedv. For any breach of warranty set forth in Section 8.1 above, CLIENT's exclusive
remedy and Aether's entire liability shall be limited to the correction or replacement, as soon as
possible, of any Product, Product part, media or service which Aether determines will remedy the
operating problem; provided, however, that if Aether is unable to repair, correct or replace the Product
within 90 days of receiving notice of the problem, CLIENT may seek any and all other remedies
available to it under any of its agreements w~h Aether.
8.3 Disclaimer of Warranty. EXCEPT AS SET FORTH IN THE IMPLEMENTATION AGREEMENT, THE
WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF All OTHER
WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE PRODUCTS.
8.4 Allocation of Risks. Section 8 of this Agreement allocates the risks under this Agreement. Aether's
pricing reflects the allocation of risk and limitations of liability set forth herein.
8.5 Except as otherwise provided in this Agreement or an agreed upon Statement of Work, Aether shall
not be liable for indirect, special, cover, reliance, incidental, or consequential damages (including loss
of anticipated revenue or loss resulting from business disruption), even if Aether has been advised of
the possibility of such damages. Aether's liability for damages hereunder shall in no event exceed the
amounts received by Aether as the license fee.
8.6 Aether further represents and warrants that the Aether Software, including Updates thereto, shall be
Year 2000 Compliant. For purposes of this Agreement, the term "Year 2000 Complianr means, with
respect to the Aether Software, that the Aether Software accurately processes date/time data
(including but not limited to calculating, comparing, and sequencing) from, into, and between the
twentieth and twenty-first centuries, and the years 1999 and 2000 and leap year calculations (as well
as processes and procedures that are not date related but that may rely upon the results of date
related processes or procedures in order to properly function), to the extent that other information
technology, used in combination with the Aether Software being acquired, properly exchanges
date/time data w~h it. Without limiting the generality of the foregoing, the Year 2000 representation
and warranty given herein is subject to and conditional upon Client operating the most current version
of the Aether Software made available to it, as well as Year 2000 Compliance of hardware, firmware,
software, data and other facilities with which the Aether Software operates, interfaces or otherwise
communicates. Aether makes no Year 2000 representations or warranties, express or implied, with
respect to hardware, firmware, software, data or other facilities manufactured, developed and/or
provided by third parties.
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. AETHEIl
Aether further warrants and represents that the Aether Software does not contain any
"back door", "time bomb", "Trojan horse", "worm", "drop dead device" or other program routine or
hardware device inserted and intended by Aether to provide a means of unauthorized access to, or a
means of disabling or erasing any computer program or data, or otherwise disabling the CAD System.
(No\hing herein shall be deemed to constitute a warranty against viruses.)
8.8 The warranties provided in this Section 8.0 shall not apply and the Aether Software will be licensed
AS IS for the period during which any of the following conditions occur:
8.8.1. Problems in the Aether Software are caused by modification of the Aether Software, Third
Party Software or Equipment by Client or a third party whether or not permitted hereunder.
8.8.2. Problems in the Aether Software are caused by \he Ae\her Software not being used in
accordance wi\h the Aether Documentation, or other instructions provided by Aether, or by
misuse or neglect by Client or its assigns.
8.8.3. Problems in the Aether Software are caused by the,Aether Software being used in conjunction
with or to interface with any software not specified as compatible in \he Aether Documentation.
8.8.4. Problems in the Aether Software are caused by equipment which does not meet the
configuration requirements specified in Aether Recommended Hardware Specifications or by
failure of Client to maintain the requirements listed in the Aether Recommended Hardware
Specifications.
8.8.5. Problems in the Aether Software are caused by one or more computer viruses that have not
been introduced into Client's system by Aether. Client is responsible for acquiring, maintaining,
and using up to-date virus checking software, and is responsible for checking all software
received from Ae\her or any other person or entity for viruses before introducing that software
into any part of the RMS System. Upon special request by Client, Ae\her will provide Updates on
media rather than direct downloading to facilitate this virus checking. If, despite such check, a
virus is introduced from Aether, Aether will provide a virus-free copy of the software, and will, at
its expense, reload RMS software (but not data) affected by the virus. Client shall be responsible
for reloading its data and, to that end, shall practice recommended back-up procedures for \he
RMS system.
8.8.6. Problems in \he Aether Software are caused by Third-Party Software, including but not limited
to operating system software.
8.8.7. Problems in \he Aether Software are caused by lack of Year 2000 Compliance of hardware,
firmware, software, data or other facilities manufactured, developed and/or otherwise provided by
\hird parties.
8.8.8. Except as provided below, problems caused by equipment or software provided by third
parties with which the Ae\her Software interfaces, including but not limited to problems caused
by changes in such equipment or software. If such changes occur which require modifications to
the Aether Software, such modifications shall be subject to additional charges by Aether at its
then current rates for engineering and technical support.
9 Term and Termination
9.1 Term and Termination. The terms of \his Agreement commence on the delivery date of this software
and shall continue until terminated by the parties. Neither party may terminate this agreement unless
for "cause." With respect to the performance of CLIENT, cause shall mean failure to make any
payment due under this Agreement within 10 days after notice of nonpayment or any other material
breach of the representations, warranties, covenants or agreements of CLIENT contained in this
Agreement. With respect to the performance of Aether, cause shall mean a material breach of the
representations, warranties, covenants or agreements contained in this agreement.
9.2 Uodates and Suooort after Termination. Upon the effective date of termination of this Agreement,
CLIENT shall have no further rights to Updates or support for \he Product.
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9.3 Survival of Obliaations. The following obligations will survive termination of this
Agreement for any reason:
9.3.1. All obligations relating to nonuse and nondisclosure of confidential information;
9.3.2. All obligations relating to indemnification and protection of proprietary and intellectual rights;
9.3.3. All obligations to make payments of amounts that are or become due under this Agreement .
prior to termination.
9.4 No Damaaes Due to Termination. Neither party will be liable to the other for any damages, whether
direct, indirect, incidental, consequential, or otherwise, as a result of terminating this Agreement in
accordance with the terms and conditions herein.
10 Dispute Resolution.
10.1 The parties desire, if possible, to resolve disputes, controversies and claims ("Disputes") arising out of
this Agreement without litigation. To that end at the written request of a party, each party shall
appoint a knowledgeable, responsible management representative to meet and negotiate in good
faith to resolve any Dispute arising under this Agreement. The parties intend that these negotiations
be conducted by non-lawyer, business representatives. The discussions shall be left to the discretion
of the representatives. Discussions and correspondence among the representatives for purposes of
these negotiations shall be treated as confidential information developed for purposes of settlement,
shall be exempt from discovery and production, and shall not be admissible in any action or
proceeding arising under or conceming this Agreement without the concurrence of all parties.
Documents identified in or provided with such communications, which are not prepared for purposes
of the negotiations, are not so exempted and may, if otherwise admissible, be admitted in evidence in
any such action or proceeding.
10.2 If the negotiations do not resolve the Dispute w~hin sixty (60) days of the initial written request, the
Dispute shall be submitted to non-binding mediation with a mediator chosen by mutual agreement of
the parties or, in the absence of such agreement, with Judicial Dispute Resolution, LLC.
10.3 Each party shall bear its own cost of these dispute resolution procedures. The parties shall equally
share the fees of the mediation and the mediator
11 Notice. Leaal Address. any written notice required by this Agreement shall be provided by first class mail,
sent to the designated person at the following address:
FOR CLIENT
with a copy to:
For Aether Systems, Inc., Mobile Government Division
G. Kenneth McAllister, Vice President Fire/EMS
One Orchardvale Road
Zillah, WA 98953
12 Miscellaneous Provisions.
SUltoro@ FireRMS'M 5.0
1019/2001
Pa~e 7 of IS
Aelher Systems - Mobile Government Division
One Orchardvale Road
Zillah, W A 98953
800-sunpro 1
2001-325 ~
y-AETHER
Asignment. Neither party may assign any rights or delegate any duties under this
Agreement without the prior written consent of the other party. Provided however that such consent
shall not be unreasonably withheld.
12.2 Amendments. This Agreement and all Schedules attached hereto may be amended only by an
instrument in writing executed by all the parties.
12.1
12.3 Entire Agreement. This Agreement sets forth the entire understanding of the parties with respect to .
the subject matter of this Agreement and supersedes any and all prior understandings and
agreements, whether written or oral, between the parties with respect to such subject matter.
12.4 Severability. If any provision of this Agreement shall be invalid or unenforceable in any respect for
any reason, the validity and enforceability of any such provision in any other respect and of the
remaining provisions of this Agreement shall not be in any way impaired.
12.5 Waiver. A provision of this Agreement may be waived only by a written instrument executed by the
party waiving compliance. No waiver of any provision of this Agreement shall constitute a waiver of
any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.
Failure to enforce any provision of this Agreement shall not operate as a waiver of such provision or
any other provision.
12.6 Time of Essence. Time is of the essence for each and every provision of this Agreement.
12.7 No third-Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer on
any person, other than the parties to this Agreement, any right or remedy of any nature whatsoever.
12.8 Governing Law. This Agreement shall be govemed by and construed in accordance with the laws of
the State of Washington.
12.9 Headings. The headings used in the Agreement are solely for convenience of reference, are not
part of this agreement, and are not to be considered in construing or interpreting this agreement.
12.10 Counterparts. This agreement may be executed by the parties in separate counterparts, each of
which when executed and delivered shall be an original, but all of which together shall constitute
one and the same instrument.
12.11 Ambiguity. This Agreement has been prepared and negotiations herewith have been conducted by
the joint efforts of all parties, and the parties agree that any perceived ambiguity herein is not to be
interpreted against any of the parties.
12.12 FORCE MAJEURE/EXCUSABLE DELAY Neither party shall be responsible for failure to fulfill its
obligations hereunder or liable for damages resulting from unforeseen circumstances or causes
beyond the non-performing party's reasonable control, including but not limited to delay of carriers,
complete or partial shutdown of plant, unavailability of equipment or software from suppliers, default
of a subcontractor if such fault arises out of causes beyond such subcontractor's control, acts of
God, war, riot or insurrection, embargoes, acts of government, civil or military authorities,
catastrophe, fire, floods, strikes, shortages of transportation, facilities fuel, energy, labor or material
acts of a public enemy, or the actions or omissions of the other party or its officers, directors,
employees, agents, contractors or elected officials and/or other similar occurrences beyond the non-
performing party's reasonable control. In the event of such delay, Delivery or performance shall be
extended for a period of time as may be reasonably necessary to compensate for such delay.
By signing this Agreement, the parties acknowledge that they have read and agreed to the terms and conditions
herein.
Sunllro@ FireRMS'M 5.0
101912001
Page 8 of 15
Aether Systems - Mobile Government Division
One Orchardvale Road
Zillah, W A 98953
800-sunpro I
Client
City of San Bernardino
Su"pro@ FireRMsr>' 5.0
2001-325
-9-AETHER
Aether Systems, Inc.
1019/200 I
Pa~e 9 of I;
Aether Systems - Mobile Government Division
One Orchardvale Road
Zillah, W A 98953
800-sunpro 1
2001-325
'~'AETHER
Icensee eaistratlon
Sold To: Shio To: BI/I To:
PO# PO# PO#
Name: Citv of San Bernardino Name: Citv of San Bernardino Name:
Address: 200 East 3'" Street Address: 200 East 3'" Street Address:
Citv San Bernardino City San Bernardino City
State CA State CA State
ZID 92410 ZID 92410 Zip
Phone: 909 384-5388 Phone: 909 384-5388 Phone:
Fax: 909 384-5281 Fax: 909 384-5281 Fax:
Email: camarena_no@ci.san- Email: camarena_no@ci.san- Email:
bernardino.ca.us bernardino.ca.us
Contact: Norma Camarena Contact: Norma Camarena Contact:
Appendix A
L' R
Software
Product Quantltv Cost Discount Ext. Cost
FireRMS Enterorise Edition 14 525,00.00 11,663.64 40,836.36
FireRMS Cadlink-Tiburon 14 14,995.00 3,331.36 11,663.64
AnnualSunnort
FireRMS Enterorise Edition 10,500.00 10,500.00
FireRMS Cadlink-Tiburon 2,999.00 2,999.00
Services
Proiect Manaaement 10,000.00 10,000.00
TraininolTech 21,400.00 21,400.00
Travel (oer triol 12 1,500.00 18,000.00
Total
Software 52,500.00
AnnualSuooort 13,499.00
Services 49,400.00
Tax 4,068.75
Grand Total 119.467.75
Pavment Terms
Contract Signing
Delivery of Software
Delivery would have to be defined as successful implementation of the software in
the IS Department. To the point, where IS staff could start building codes and
preparing for training classes. This would be at the end of the "pre-installation
activities" phase. (Using Aether's own Project Methodology)
Implementation of Software
Software would have to be ready for use. They could invoice at the point that we
"execute the training plan" (Using Aether's own Project Methodology)
System Acceptance
At the "commencement of live operations" (using Aether's own Project
Methodology)
Percent
25%
30%
25%
20%
FireRMSTM 5.0
10/1012001 Page 10 of 1;
Aether Systems - Mobile Government Division
PO Box 9338
Yakima, W A 98909-0338
509-225-3100
Su"pro@FlnllMS"'5.0
2001-325
10/91200 1
9AETHER
I: ~I
P32e 11 of!;
Aether Systems - Mobile Government Division
One Orchardvale Road
Zillah, W A 98953
800-sunpro I
2001-325
9-AETHER.
Inventory of Fire Stations
Station ID # Address
ComDuters
.
SUftoro@ FireRMS''' 5.0
10/9/200 I
PllIte 12 of!;
Aether Systems - Mobile Government Division
One Orchardvale Road
Zillah, W A 98953
800-sunpro I
2001-325
ADDENDUM B
9AETHER
Aether SOFTWARE ERROR CORRECTION
GUIDELINES AND PROCEDURES
All Software Errors reported by CLIENT employees shall be resolved as set forth below. Initial response by
Aether will be based upon the priority assigned by CLIENT's primary or secondary contact Resolution
response will be based upon the priority jointly agreed on by Aether and CLIENT. CLIENT shall specify a
Primary and Secondary contact person at each RMS site who will be the focal point for all RMS activity.
If CLIENT determines that a Software Error exists, CLIENT shall immediately notify Aether by telephone,
followed by an error report in writing, setting forth the defects noted with specificity requested by Aether. The
written report must be faxed to Aether at (509) 839-3942. Telephone notification will be made to Aether's
support line at (800) Sunpr01 ((800) 786-7761).
"Normal Business Hours" are 7:00 a.m. through 6:00 p.m. (Pacific Standard Time), Monday through Friday,
excluding holidays.
The main support line will be answered either by an attendant or automated attendant at all hours. During
Normal Business Hours, the attendant will ring the support department line. If a support representative is
available, the call will be handled immediately. If all representatives are busy, the CLIENT employee will be
given the option to leave a message or return to the receptionist. In the case of priority-one problems as noted
below, the CLIENT employee shall alert the receptionist. All other problems may operate on a callback basis
after leaving a message in the support voice mailbox.
During Normal Business Hours, each trouble report will be assigned a software trouble report number. The
number shall be used for all subsequent inquiries relating to the original Software Error report.
CLIENT's subscribing to optional dial-in support shall provide Aether with a dedicated ISDN and a separate
standard telephone data modem line in each area in which RMS Server or interface equipment is installed to
enable Aether to access, diagnose, update or install a workaround to the system. CLIENT shall additionally
provide a voice telephone line located in each such area to allow simultaneous voice and data access.
At the time of execution of this Agreement, "Priority One" support as described in this addendum is not
available on a 24-hour per day, 7 -day per week basis. At such time as Aether implements "Priority One"
support on a 24-hour per day, 7-day per week basis, CLIENT shall be entitled to the Priority One service as
stated in this addendum. Until that time all telephonic support shall be consistent with those telephonic support
services offered to any of its clients, but in no case less than Normal Business Hours.
If the problem is not a Priority One issue, Aether will operate on a callback basis. If requested or so stipulated
in the response time criteria below, an Aether representative will return the call in a manner consistent with the
priority and order in which the call was received. CLIENT shall make every effort to respond to Aether in a
timely fashion when requests are made to follow-up calls or additional documentation on the reported problem.
Priorities are assigned as follows:
Priority One
Hours of Availability:
Normal Business Hours
Description:
A critical software error, which severely impacts the ability of
CLIENT to perform essential functions. Such Software Errors
include:
Sunpro@ Fir.RMS'" 5.0
... Server lockup
10/9/200 I
Pa~e \3 of 15
Aether Systems. Mobile Govemment Division
One Orchardvale Road
Zillah, W A 98953
800-sunpro I
Initial Response:
Resolution Response:
Notification:
Priority Two
Hours of Availability:
Description:
Initial Response:
Resolution Response:
Notification:
Priority Three
Hours of Availability:
Description:
Initial Response:
SUlIIJro@ FireRMS".5.0
2001-325
'f' Data corruption caused by Aether Software
'f' Inability to transfer Incident information from or to CAD.
~ACTHCj
Aether will respond with a call back within an average of thirty (30)
minutes during Normal Business Hours.
Aether will work continuously to provide CLIENT with a workaround
solution or to completely resolve the problem.
It is the responsibility of CLIENT to notify Aether of a Priority-Qne
issue. Aether will update the CLIENT with the progress frequently
during problem resolution, and provide a final report of system
status, once the workaround has been provided, or the problem has
been resolved.
Normal Business Hours
A non-critical Software Error, which prevents the CLIENT from
performing a data entry or system administration function; or
reporting errors and calculation problems. This does not include
cosmetic, documentation, or reporting problems. These also do not
include questions or inquiries regarding the operation of the
software or its installation and training.
Aether will respond with a call back within an average of two (2)
hours during identified hours of availability.
Aether will provide a workaround for CLIENT, when possible, within
an average of twenty-four (24) hours. Aether will provide a problem
resolution in the form of an Upgrade or modification to the Software
in an upcoming Update.
Aether will notify the CLIENT when a workaround has been
provided, or the problem has been resolved. Aether will provide
CLIENT a monthly list of outstanding and resolved issues showing
all problems reported during the period, or unresolved as of the
date of the report. .
Normal Business Hours
All other software or documentation errors not described above.
These include but are not limited to:
'f' Documentation inaccuracies
'f' Cosmetic issues
'f' Misspellings
'f' Questions or inquiries relating to Aether Software functionality,
system administration or installation
Aether will not respond to these items unless specifically requested
to do so at the time of the request. If a reply is requested, Aether
10/9/2001 Pa~e 14 of15
Aether Systems - Mobile Government Division
One Orchardvale Road
Zillah, W A 98953
800-sunpro 1
Resolution Response:
Notification:
Sunpro@FireRMS"'5.0
2001-325
will respond within an average of twenty-four (24) hours during
Normal Business Hours.
Aether will correct documentation errors in upcoming releases of
the documentation.
Aether will notify the CLIENT when a'workaround has been
provided, or the problem has been resolved. Aether will provide
CLIENT a monthly list of outstanding issues and resolutions
showing all problems reported during the period or unresolved as of
the date of the report.
10191200 I Pa~e 15 of 15
Aelher Systems - Mobile Government Division
One Orchardvale Road
Zillah, WA 98953
800-sunpro I
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2001-325
Attachment B
Sunpro@ FireRMSfM 5.0
Statement of Work
For
San Bernardino Fire Department
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1 Overview .................................................................................... .................................. .............4
~ Sunoro@ FireRMSTM 5.0 Software ............................................................ ...............................5
1 SMS Inteln"ation ...................... ............................................................................................. .....5
~ Svstem ReQuirements................................................. ............................................... ............ ....5
4.1 FireRMSTM Block Diagram............................................................................................ ....6
2. Project Methodology ................ ........................... .................... ........ ............................ ... .... ..... ..8
li . Introduction .....:.. .............. .............. ... ................... ..................................................... .... ..... 8
5.1.1 Pre-Project Assessment .......... ....... ............ ........... ............ ......... ... .... .... ....... ............ ....8
5.2 Project Methodologv ..................... .................. ............ ... .................................................... 9
5.2.1 Project Organization/Resoonsibilities .......................................................................10
5.2.1.1 Aether Mobile Government Project Manager .....................................................1 0
5.2.1.2 San Bernardino Fire Deoartment's Project Manager ..........................................11
5.2.1.3 San Bernardino Fire Deoartment's Svstem Administrator .................................11
5.2.1.4 San Bernardino Fire Deoartment's Data Administrator...................................... 12
5.2.1.5 San Bernardino Fire Deoartment's System Trainer ............................................12
5.2.1.6 San Bernardino Fire Deoartment's Subject Matter Exoerts (SME)....................13
5.2.1.7 San Bernardino Fire Deoartment's Network Administrator: ..............................13
5.2.1.8 Aether Mobile Government Technical Consultant .............................................14
5.2.1.9 Aether Mobile Government Training Soecialist.................................................14
5.2.1.10 Aether Mobile Government Interface Develooment Lead .................................14
5.2.1.11 Aether Mobile Government Product Develooment Lead ...................................14
5.3 Five-Phase Proiect Methodology................................................................................. .....15
5.3.1 Define System - Phase I .............................................................................................15
5.3.1.1 Contract Aooroved..............................................................................................15
5.3.1.2 Contract/Scooe of Work Review ........................................................................15
5.3.1.3 ReQuirements Review with Client ......................................................................16
5.3.1.4 Establish Project Baseline ...................................................................................16
5.3.1.5 Finalize Project Schedule....................................................................................16
5.3.1.6 Create Training Plan ...........................................................................................16
5.3.2 Design System - Phase II ...........................................................................................17
5.3.2.1 Interfaces .......................................................................................................... ...17
5.3.2.2 Create Acceotance Test Plan............................................................................... 17
5.3.3 Build System - Phase III ............................................................................................18
5.3.3.1 Interfaces .............................................................................................................18
5.3.3.2 Pre-installation ReQuirements .............................................................................18
5.3.4 Deliver System - Phase IV.........................................................................................19
5.3.4.1 Install Software ...................................................................................................19
5.3.4.2 Training Facilities Preoaration............................................................................19
5.3.4.3 Execute Training Plan........................................................................................ .20
5.3.4.4 Client Code Table Entrv......................................................................................20
5.3.4.5 Execute System Acceotance Test Plan ...............................................................20
5.3.4.6 Ready for Live Ooerations ..................................................................................21
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5.3.4.7 Operational Follow-up ........... .............................................................................21
5.3.5 Maintain System - Phase V........................................................................................22
Q Customer Responsibilities During Implementation and Training ..........................................23
1 Assumptions............................. ...............................................................................................23
~ Additional Services .................................................................................................................24
2 Sample Proiect Schedule ............... ..... .....................................................................................24
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1 Overview
This project involves the installation, implementation, configuration, and training of Sunpro@
FireRMSTM software and Aether Mobile Government services for the Client, in cooperation with
San Bernardino Fire Department.
This Scope of Work provides a description of the products, services, and equipment to be
provided for this specific project, including the general responsibilities and expectations for the
parties. Within this document, 1) "Aether Mobile Government" refers to Aether Systems, Inc.
Mobile Government Division; 2) "Client" refers San Bernardino Fire Department (the
organization, which has contracted for the project, described herein).
The software and services outlined in this project will be delivered by Aether Mobile
Government as indicated in the Project Methodology section of this document. Acceptance
testing criteria will be based upon the Acceptance Test Plans (A TP) for the current production
version(s) ofthe proposed software, modified to include any additional functionality described in
this Statement of Work.
Any work activities or software functionality outside of the capabilities of the current production
version of the proposed software will be described within this document if it is to be provided as
a part of this project. Additional work activities and software functionality not described in the
Statement of Work will be considered a change order to this project.
This Statement of Work does not include
. The configuration and/or programming of network infrastructure, including servers, clients,
routers, switches, bridges, or
. Any other ancillary systems that FireRMSTM may be interfaced with.
. The provision of or installation/configuration ofSQL Server 7.0.
. Training for third-party software.
. Hardware
. Wide Area Network Connections and connection band-width
Client requests for work or items not described in this Statement of Work or the purchase or
Licensing Agreement, will require a separate, addendum to this Statement of Work. This
includes but is not limited to custom software.
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2 Sunpro@ FireRMSTM 5.0 Software
This project will include delivery and installation of the then-current production version of
Sunpro@ FireRMSTM 5.0 Enterprise Gold (MSDE, SQL Server 7.0, or SQL Server 2000
databaSe). For this installation, the FireRMSTM server will operate on a Windows NT Server 4.0
or Windows 2000 operating system and network. Client workstations must operate with the
Windows NT, 95, 98, or 2000 Workstation clients. The following modules will be provided to
the customer.
. FireRMSTM 5.0 Enterprise Gold Edition Software, licensed for up to 14 facilities/fire stations
for use by San Bernardino Fire Department. A 14-user license enables the client to operate
FireRMS on a single server and up to a total of 14 (user) facilities.
3 SMS Integration
. SMS CADLink for integration with Tiburon CAD.
Aether Mobile Government will provide the SMS software, installation, configuration and
project management/consulting services to cornmunicate and facilitate the integration with
Tiburon CAD. The "data string" received from the CAD system is required to adhere to the
Sunpro@ SMS API. The Client is responsible for all components from Tiburon for effecting the
interface with Sunpro@.
4 System Requirements
All hardware is to be supplied by the customer.
Aether Mobile Government concentrates on providing you with the best Fire Department
Records Management System in the industry. Normally, we do not sell hardware, nor do we
provide the technical expertise of installing, setting up, and managing networks. However, we
have had many years of experience in helping our many clients resolve many of these issues.
Current system requirements may be found on the Aether Systems Mobile Government website,
www.aethersvstems.com. To navigate to the system requirements from the Aether Systems
homepage, select Mobile Government from the Industries pull down. On the Mobile
Government page, select Sunpro FireRMS 5.0 Enterprise. On the Sunpro FireRMS 5.0
Enterprise page, select System Requirements.
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The requirements listed on the website are recommendations based upon our experience in
working with Aether Mobile Government clients and other technical specialists. Please consult
with your own technical advisor(s) prior to implementing Sunpro@ on your system to ensure that
you have identified the configuration that is right for you.
All hardware must meet the minimum requirements for the Microsoft Windows Operating
System as published by Microsoft.
4.1 FireRMSTM Block Diagram
The attached diagram is representative of a typical FireRMSTM installation and is included for
illustrative purposes.
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Sunpro FireRMS System
Typical Block Diagram
Each PC will have Sunpro FIrwRMS 6.0
Client Software loaded and must hIIve .
TCPIIP connection to the FINRMS
Databl.. Server.
~~-
Remote Workstation (56kbps
through-put recommended)
PC Workatatton(s)
WAN, Dial-up, Frame, etc.
Q
PC WorkatatJon(s)
LAN Connection
Additional Connections
~
PC Worbtation(a)
I'-~-..
-~I
Sunpro FlreRMS
Oauba.. Server.
Server Datab....
Client Software
conwnunlcates with
Server to proceu
FIAlRMS functions.
SMS communlcatn
with Oatabne via
ODBC to Intog_ with
third party .oftwa....
Microsoft Windows
Tennlnlll Server - Citrix
Metafnlmt
Clients mIY be run
from this thln-cllentl
server ICrhltecture.
Sunpro SMS
Application Server.
Conmunicatea with
CAD Syst... . SMS
Listener.
Communicates with
Oalllba.. via aoae .
SMa Queue
Proc...or.
CAD System
Senda (communicateS)
CAD Data to SMa
Application Server via
Sunpro SMS API
Notes:
1. This Block Diagram Is repre..nUtlv8, only. Actual conftguratlon, d..lgn, and installation must be made by qualffed networking
engln..,. before Installnon and implementation of Sunpro FlreRMS softw.....
2. All h.rdw.... must meet the minimum hlrdware recommenMtions specified In the RFP R..ponse.
3. Sunpro Is not ....poMlbl. for the provldslon of the hardware, configuration andlor programming of network Infrastructure.
Including servers, clients, routers, switch.., brldg.., or any other ancillary systems thM: FlreRMS may be Interfaced with.
.t. tt .. possible that the FlreRMS Database Server .nd SMS Appllc8ll0n Server can reside on the s.me m.chlne. Consult your
network engineer and the RFP response for further Information.
Copyright 2000, Sunpro, Inc. . All Rights Reserved
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5 Project Methodology
5.1 Introduction
Aether Mobile Government's success in managing system implementation projects like San
Bernardino Fire Department's is a combination of the personnel assigned to the project; the
commitment made by both Aether Mobile Government and executive management at San
Bernardino Fire Department; and the project methodology employed. The Aether Mobile
Government personnel resources assigned are highly skilled professionals who are experienced
in program management, configuration, integration, and delivery of Sunpro@ FireRMS solutions.
Aether Mobile Government' project methodology focuses on providing effective planning,
control, monitoring, and quality assurance. Together, these project management elements will
ensure that Sunpro@ FireRMS will meet San Bernardino Fire Department's expectations.
Aether Mobile Government project methodology is designed for an orderly progression from
requirement to solution--from function to form. To ensure continual progress, each phase of the
process is results-oriented and measured by the completion of specific tasks. The Aether Mobile
Government project methodology ensures clearly stated user requirements, reasonable and
achievable expectations, appropriate technology choices, cost-effective and efficient resource
allocation, and identification and handling of critical issues----illl accomplished in an environment
where teamwork is paramount. Successful systems are designed and built for success. Success
requires a disciplined approach to defining requirements and designing a solution to ensure a
successful implementation.
Aether Mobile Government is proposing the services to implement the Sunpro@ FireRMS
Software and Interfaces. This Scope of Work establishes the task descriptions and deliverables
for the San Bernardino Fire Department FireRMS System. Aether Mobile Government will
perform the tasks described in the following subsections. These task descriptions correspond to
the tasks described in the San Bernardino Fire Department Sample Implementation Schedule.
5.1.1 Pre-Project Assessment
An Assessment Phase usually precedes any large project, and Aether Mobile Government
considers this phase substantially completed upon contract award. During the process leading
up to award, the customer and Aether Mobile Government will have examined requirements,
solutions, goals, objectives, costs, and benefits.
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5.2 Project Methodology
Aether Mobile Government follows a five-phase project methodology to ensure that each
FireRMS system satisfies its mission requirements-on schedule and within budget. The five
phases of the Aether Mobile Government project methodology are incorporated into the Project
Schedule. The phases represent groupings of activities by type and the durations for performance
may aCtually overlap activities identified in the next phase and beyond. The completion of a
phase is not intended to be prerequisites for all the activities of the subsequent phases as shown
in Figure 1.
Figure 1 - Five Phases of the Aether Mobile Government Project Methodology
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5.2.1 Project Organization/Responsibilities
The responsibilities of the members of the project teams for each organization are described in
the following sections.
5.2.1.1 Aether Mobile Government Project Manager
. Reviews the proposal and final contract internally and with the San Bernardino Fire
Department's Project Manager
. Directs the project as the Aether Mobile Government contact and is responsible for
project performance from initiation to closure, which includes planning, organizing,
managing, and controlling all aspects of the project to ensure that project tasks are
performed according to the approved project schedule
. Coordinates the project kickoff between San Bernardino Fire Department and Aether
Mobile Government
. Reviews the initial project schedule
. Conducts an initial post-contract site visit/evaluation/review
. Identifies any known items that may impact the availability of San Bernardino Fire
Department resources during the project lifecycle
. Reviews interface requirements
. Reviews subcontractor commitments
. Resolves any discrepancies or conflicts
. Reviews initial proposed project information and proposed deliverables to ensure
compliance with final contracted project configuration
. Initiates project reporting and filing systems
. Establishes San Bernardino Fire Department resources required for Aether Mobile
Government project management, such as work space, telephone, office and copying
services, site access, and other communications, such as e-mail
. Establishes project change order procedures
. Resolves training logistics considerations such as schedules and classroom resources
. Responds to San Bernardino Fire Department inquiries
. Obtains written San Bernardino Fire Department clarification of change requests for
interfaces and other custom development before establishing a development schedule
. Monitors critical schedules such as custom development
. Processes requests for quotes
. Initiates requests for quotes
. Processes contract change orders
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. Monitors subcontractor commitments
. Conducts design review sessions between subcontractors and Aether Mobile Govemment
personnel (if required)
. Coordinates Aether Mobile Government logistics for all on-site activities
. Researches alternatives and sources for any contract changes
5.2.1.2 San Bernardino Fire Department's Project Manager
The San Bernardino Fire Department's Project Manager will work directly with Aether Mobile
Government to coordinate all activities on the Project. This person will provide the technical
vision for the Project and assure that this is consistent with the overall Department direction.
The Project Manager will be responsible for communications with agency management and
coordinate any support requirements from the executive team.
The San Bernardino Fire Department's Project Manager should have the qualifications necessary
to function in a project environment and support the following responsibilities:
. Acts as the San Bernardino Fire Department's single point of contact for working with
Aether Mobile Government
. Has sufficient authority and responsibility to make decisions on a day-to-day basis about
the project
. Coordinates the activities of San Bernardino Fire Department personnel and resources
. Provides sufficient resources to implement the operational use of the system
. Secures contract change approvals as required
5.2.1.3 San Bernardino Fire Department's System Administrator
The System Administrator will be responsible for working with the Aether Mobile Government
during the installation and configuration of the Project Software. This person must, with the
assistance of Aether Mobile Government, be capable of managing the configurations of the
system to assure that the System does not have any mismatches of Software versions. This
person will also provide general support to client users. This person is typically responsible of
system backups in case data recovery is required.
The San Bernardino Fire Department's System Administrator should have the qualifications
necessary to function in a project environment and support the following responsibilities:
. Collaborates with the Aether Mobile Government Technical Consultant for system-
specific training and implementation of backup, recovery, archiving, and general System
activities
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. Monitors and configures the servers, workstations, and other interface systems
. Monitors database daily
. Is the main point for contact for user questions and problems
. Runs and designs reports as needed
. Troubleshoots system problems
. . Maintains and upgrades all system configuration and forms
. Installs'software upgrades
. Serves as liaison for Aether Mobile Government field service personnel
. Becomes a knowledge base for System and Interface information to aid end users as
needed
5.2.1.4 San Bernardino Fire Department's Data Administrator
The San Bernardino Fire Department's Data Administrator is primarily responsible for the
configuration of SQL Server and maintaining the Project data in an SQL Server environment.
This person should be experienced with SQL Server systems and all of the details surrounding
the care and maintenance of this data. Specifically, this person will monitor database
characteristics such as performance, fragmentation, size, etc.
The Data Administrator should have the following qualifications:
. SQL Server Database knowledge and experience.
. Experience in administering database operations in a distributed client-server
environment.
. Experience with the Windows NT/2000 Operating System.
. Experience in Windows Operations.
. Experience in Microsoft Products such as Access, Excel, PowerPoint, etc.
. Experience in SQL Operations related to SQL Server, FoxPro, and similar other
databases.
. Experience in executing standard and Ad Hoc reports with report writing tools such as
Access, CRYSTAL, and Excel.
5.2.1.5 San Bernardino Fire Department's System Trainer
The San Bernardino Fire Department's System Trainer becomes a system expert for on-going
training of new personnel and refresher training as needed. Each supported group should have a
designated trainer to support on-going user needs.
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The San Bernardino Fire Department's System Trainer should have the following qualifications:
. Demonstrated skills in establishing and maintaining a positive classroom environment.
. Working knowledge of the general operations of the relevant Fire Service operational
areas.
. Working knowledge of the Sunpro@FireRMS <lpplications, interfaces and related
systems.
. Ability to verifY/reproduce workflows resulting from trouble reports.
. Ability to document and report system anomalies.
. Ability to develop and implement scenarios and labs for classroom instruction.
5.2.1.6 San Bernardino Fire Department's Subject Matter Experts (SME)
. Collect and verifY all Fire Service-specific data (such as personnel, apparatus, equipment,
and codes) for the system in conformance with information and direction provided by
Aether Mobile Government.
. SMEs must be authorized to represent their respective functional areas and make
decisions about how the different modules should be configured.
. SMEs can also be involved in the training of the end users and serve as front line support
during the Maintenance phase of the project. Because these people have been chosen to
speak for their peers, they should be well respected and noted experts in their fields.
5.2.1.7 San Bernardino Fire Department's Network Administrator:
The Network Administrator will be primarily responsible for the configuration of the network
and coordinating the system's inclusion in the corporate network environment. This person
should be experienced with network equipment and all of the details surrounding the care and
maintenance of a Windows NT/2000-based network.
The Network Administrator should have the following qualifications:
. Experience in NT/2000 Network Administration.
. Experience in configuring and monitoring hubs, switches, modems, and routers.
. Experience in using Network Management Software.
. Experience in Windows Operations.
. Experience in diagnosing software and cable related problems.
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. Experience in evaluating, reading and configuring baud rates, packet sizes and structures.
5.2.1.8 Aether Mobile Government Technical Consultant
. Provides the necessary technical expertise to implement the Aether Mobile Government
project from start to finish. This includes overseeing all system configuration activities,
'providing system administration hands-on informal training, supporting cutover activities,
and installing the System and related software. .
5.2.1.9 Aether Mobile Government Training Specialist
. Provides the necessary instruction for the successful operation of the System to end users
and agency trainers. The on-site system training courses are provided by Aether Mobile
Government trainers or instructors specializing in that particular training requirement.
5.2.1.10 Aether Mobile Government Interface Development Lead
. Is responsible for development of the interface software related to system interfaces
including testing, installation, and support when needed.
5.2.1.11 Aether Mobile Government Product Development Lead
. The Aether Mobile Government FireRMS Development Lead is responsible for
development of specific enhancements for the FireRMS software providing any
additional base product functionality described in the Scope of Work.
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5.3 Five-Phase Project Methodology
Upon selection, Aether Mobile Government will incorporate the five-phase project methodology
as previously described. The specific phases are described in the following sections. The tasks
and descriptions correspond to the sample project schedule attached.
5.3.1 . Define System- Phase I
The process of defining the system ensures that the operational intent defined in the proposal and
contract, as written, are consistent. This initial phase begins with a review of the Aether Mobile
Government Proposal or the Scope of Work (SOW) to San Bernardino Fire Department. This
review will attempt to clarifY any questions or wording in the proposal which will become the
final Scope of Work for the project. It will establish the conditions and extent of work to be
performed and clarifY any questions for expectations of the system.
Experience has shown that most errors, that occur in the define phase, are in understanding what
the system should do, rather than errors in the actual execution of the system. A poorly
engineered requirement, which does not reflect the intended processing of the system, will
cascade into a design or operational defect. All types of requirements (functional, operational,
performance, application, data, and interface) need to be analyzed and understood by the project
team.
Specific tasks and deliverables are described in the following sections.
5.3.1.1 Contract Approved
This task signifies the completion and approval by all parties of the contract for the project. The
contract details the specifics of the Terms & Conditions for the project and completion of this
task defines the date for the official start of the project.
5.3.1.2 Contract/Scope of Work Review
The signed contract is reviewed by Aether Mobile Government and San Bernardino Fire
Department. The contract:
. Functions as the original statement of work reflected in the initial proposal and proposal
addenda.
. Documents specifically the work to be performed.
. Establishes the conditions of work.
. Sets the expectations for the system.
. Is reviewed by the customer and Aether Mobile Government to ensure that the joint project
team understands the requirements.
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5.3.1.3 Requirements Review with Client
Upon completion of the Contract and/or SOW, Aether Mobile Government will meet with San
Bernardino Fire Department to clarifY any outstanding issues. This process will result in a
project baseline and this will allow subsequent phases to be completed with a mutual
understanding between Aether Mobile Government and San Bernardino Fire Department.
5.3.1.4 Establish Project Baseline
This task represents an internal task whereby the Aether Mobile Government Project Manager
confirms that all required materials and services within the SOW are accounted for and activities
are set in place to effect delivery to San Bernardino Fire Department pursuant to the project
schedule.
5.3.1.5 Finalize Project Schedule
The project schedule will include all major work activities associated with the implementation of
the FireRMS system. This project schedule is mutually approved by Aether Mobile Government
and San Bernardino Fire Department.
DeliverabIes:
. Project Schedule
This deliverable defines a course of action and schedule to guide the progress of the
project. Project performance and status will be monitored against this schedule.
5.3.1.6 Create Training Plan
The Training Plan will identifY training logistics, methodology, and objectives and will include a
description of each training class. This plan is also mutually approved by Aether Mobile
Government and San Bernardino Fire Department.
DeIiverabIes:
. Training Plan
This deliverable ensures that all of the purchased training classes and modules are
provided during the project. The training classes and modules are scheduled
according to their appropriate phase of the project with dates delineated in the project
schedule. Additional considerations for the training plan include classroom resources
and personnel scheduling.
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5.3.2 Design System - Phase II
During the Design System Phase, the project team defines the system construction, configuration,
and interfaces, which becomes the blueprint for the project.
Specific tasks and deliverables are described in the following sections.
5.3.2.1 Interfaces
This task represents the effort required to design the FireRMS interfaces that are specified within
the contract/SOW.
DeIiverables:
. Design specification for Development (Internal)
5.3.2.2 Create Acceptance Test Plan
The Acceptance Test Plan (ATP) defines the functional testing methodology for the project. The
test plan must originate with the development of requirements and culminate with the completion
of the design. This plan is also mutually approved by Aether Mobile Government and San
Bernardino Fire Department.
Deliverables:
. Acceptance Test Plan
This plan defines the functional testing methodology for the project. It is important
that a test plan be developed and exercised, and that the documented results of the test
be accepted by San Bernardino Fire Department after a successful test. While the A TP
is specific regarding system functionality and commands, the customer is free to use
other means of testing as may be appropriate.
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Statement of Work
5.3.3 Build System - Phase III
During the Build System Phase, the project team performs development activities required to
incorporate the enhancements to the FireRMS system functionality as specified and develops the
specified interfaces including integration into FireRMS.
San Bernardino Fire Department pre-installation activities are also completed during this phase
in readiness for delivery for the FireRMS system.
Specific tasks and deliverables are described in the following sections:
5.3.3.1 Interfaces
This task represents the effort required to complete the development of the FireRMS interfaces
that are specified within the contract/SOW.
Deliverables:
. Interfaces integration with FireRMS (Internal)
5.3.3.2 Pre-installation Requirements
This task represents the activities that the customer is required to complete prior to the
commencement of the Delivery Phase and installation of the FireRMS software.
Deliverables:
. CAD System is functional and capable of supplying data to FireRMS by San
Bernardino Fire Department
. FireRMS Database Server Installed by San Bernardino Fire Department
. SMS Application Server Installed (if applicable) by San Bernardino Fire Department
. FireRMS Application Server Installed (if used) by San Bernardino Fire Department
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5.3.4 Deliver System - Phase IV
During the Deliver System Phase, the system is delivered, configured, and initially tested for
correct operation. Interfaces are delivered and configured to operate with the existing systems.
Data, specific to site operations, is loaded by key site personnel.
5.3.4.1 Install Software
This task identifies the activities involved in the installation of the software at the customer site
and configuring clients for training. The system is checked for correct operation with customer
supplied network settings and configuration.
Deliverables:
. Software per contract Bill of Materials
. Install and configure the FireRMSTM 5.0 database on the FireRMSTM Server for the
department;
. Approximately 10 workstations will be configured with the FireRMSTM Client software
with access to the FireRMSTM 5.0 database. This will include the installation of 10
training workstations. During workstation configuration, Client Computer Support
personnel must attend and will receive instruction on how to complete the process of
installing the software at all remote sites. The Client Network Support personnel will be
responsible for completing the configuration of workstations throughout the rest of the
department.
5.3.4.2 Training Facilities Preparation
This task represents the activities the San Bernardino Fire Department must accomplish in order
to create an appropriate. training environment. It includes such considerations as locating
acceptable space in which to conduct training, establishing the necessary network
communications to interconnect the various servers and workstations, providing necessary
facilities for students, etc.
Deliverables:
. Training Facilities ready for use by San Bernardino Fire Department
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Statement of Work
5.3.4.3 Execute Training Plan
This task identifies the activities involved in the execution of the Training Plan. This Training
Plan identifies the "core curriculum" that has been agreed to by Aether Mobile Government and
San Bernardino Fire Department. All of the training within this category is included within the
scope of the contract. This activity also includes consultation to assist the client in determining
the so~are configuration needed to best implement the client business rules.
DeliverabIes:
. Training courses as identified in the Training Plan and the contract BOM.
5.3.4.4 Client Code Table Entry
This task identifies the activities required by the client to complete the population of the code
tables and other customizable parameters. There is an initial emphasis to get data identified and
loaded, but on going data maintenance is normal.
Deliverables:
. Code Table and Other Customizable Parameter Entry by San Bernardino Fire
Department
5.3.4.5 Execute System Acceptance Test Plan
This task identifies the activities involved in the execution of the Acceptance Test Plan and the
subsequent acceptance of the system. With required data loaded, the system is tested using a
mutually agreed upon systematic test plan. This testing completes the acceptance of the system or
subsystem being tested and paves the way for going live with commercial use of the system or
components. The tests exercised by Aether Mobile Government in other Phases are preliminary
in nature but ensure that the system is functional and ready for final customer testing.
DeIiverables:
. System Acceptance by San Bernardino Fire Department
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5.3.4.6 Ready for Live Operations
After San Bernardino Fire Department has accepted the system, San Bernardino Fire Department
is ready for cutover. With testing completed and the system or subsystem accepted, the site is
ready to begin live operations.
The Aether Mobile Government Project Manager and Technical Services Team will work with
the Department to determine the best system cutover processes. All options will be evaluated,
including cold cutover, parallel operations, and phased operations.
5.3.4.7 Operational Follow-up
Approximately two weeks after San Bernardino Fire Department has commenced commercial
usage of the FireRMS system, a follow-up visit will be schedule in order to allow the Aether
Mobile Government Technical Consultant to assist with any post operational questions or
concerns. The intent of this task is to assist San Bernardino Fire Department in achieving the
maximum benefit possible from the newly deployed product.
Deliverables:
. Technical Consultation on site to maximize successful use ofSunpro@FireRMS
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5.3.5 Maintain System - Phase V
Maintenance is a vital part of any product or production system. Maintaining the developed
system and providing a mechanism for expansion are both fundamental to maximizing the
system's productive life. Key components of this phase are as follows:
. .Proiect WraD UD .
After San Bernardino Fire Department acceptance and cut over to live operations, the
procedures specified for project wrap-up complete this phase. Project wrap-up activities
involve tasks that take place after acceptance and cut over. Note that maintenance would
normally start at cutover, but with very large systems, as major portions of the contract
are placed into service, maintenance can be phased in for that portion, to better manage
all the changes taking place. Typical activities include:
. Agreed resolution of any system issues identified in a punch list at the conclusion
of Acceptance Testing and prior to cut over
. Resolution of any outstanding invoices or credits associated with the project
implementation
. Transition of the project to the Support organization
. System SUDDort
The Aether Mobile Government Project Manager begins this task by reviewing the
subsequent system support procedures with the customer. Calls for system support go to
the Aether Mobile Government Help Desk and are immediately handled by the support
staff.
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6 Customer Responsibilities During Implementation and Training
. Provide a safe work area during installations of all RMS Software, Implementation
activities, and Training activities.
. . Provide, install, test and accept all network and hardware performance.
. Provide, install, test and accept all Wide Area Network configurations.
. Prior to system implementation and installation, provide to Aether Mobile Government's
project manager in written form all department standard codes for each of the modules,
personnel lists, and any data conversion files that are identified in the section on
Professional Services.
. Provide individuals authorized to represent their respective functional areas and make
decisions about how the different modules should be configured.
. Agency will provide and set-up a training room and schedule training with Aether Mobile
Government and Agency's staff.
. The agency is responsible for providing the hardware and network infrastructure. The
installation and testing of the hardware and network infrastructure will be completed prior
to Phase I implementation.
. All of the training courses will be conducted at the Fire Department facilities. The
department will be responsible for providing the necessary PC's to be used by the
trainees.
. Remote fire station access, file servers, and workstations must conform to the published
Sunpro@ Operating System Requirements.
. Between each phase of training and implementation, the customer is expected to
complete the setup and implementation as taught during the training session(s) and to
practice using the modules that have been taught to date.
. The customer is responsible for performing complete backups of all databases between
each phase of installation and training and after the project completion
. The customer is responsible for providing and maintaining all NT and SQL security and
permission schema.
7 Assumptions
. Aether Mobile Government assumes that San Bernardino Fire Department support
personnel posses the knowledge and skills necessary to perform post-installation and day-
to-day administration tasks as related to the Microsoft Windows NT -based network used
in the FireRMS System.
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Statement of Work
8 Additional Services
Additional services are available based upon the following Aether Mobile Government standard
rates:
". On site training is available at the Aether Mobile Government standard rate of
$850.00 per day (one day rninimum).
. Onsite implementation support, technical support, etc is available at the Aether
Mobile Government standard rate of$1200.00 per day plus expenses (one day
minimum).
. Off site implementation support, technical support, development services, etc is
available at the Aether Mobile Government standard rate of$150.00 per hour.
The above rates are quoted on a per call basis and scheduling is subject to availability of
appropriate personnel. It is usually preferable that any additional significant quantifiable
development or support activity be addressed on a fixed price basis via the contract/SOW
amendment process.
9 Sample Project Schedule
Attached is a sample FireRMS project schedule.
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:
CITY CLERK'S OFFlCE
RACHEl. G. CLARK, CM.C. - CITY CLERK
SM
P.O. Box 1318' San Bernardino' CA92402
300 North "D" Street. San Bernardino' CA 92418-0001
909,384.5002' Fax: 909.384.5158
Business Registration Division: 909.384.5302
Passport Acceptance Facility: 909.384.5128
www.ci.san-bernardino.ca.us
October 23, 2001
G. Kenneth McAllister
Aether Systems, Inc., Mobile Government Division
One Orchardvale Road
Zillah, W A 98953
Dear Mr. McAllister,
At the Mayor and Common Council meeting of October 15, 2001, the City of San Bernardino
adopted Resolution 2001-325 - Resolution authorizing the Purchasing Manager to issue a
purchase order to Aether Systems, Inc., in the amount of $I19,467. 75 for Fire Records
Management System (RMS) 5.0 software.
Enclosed is one (1) original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please retain a copy of the agreement for your files.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by December 14, 2001.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
!
'/:';i: ;,.,(:..{
~. i- ,", t...-,
Michelle Taylor
Senior Secretary
Enclosure
cc: Norma Camarena, City of San Bernardino Fire Department
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity. Accountability' Respect for Human Dignity. Honesty
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
November 15, 2001
TO:
Larry R. Pitzer, Fire Chief; Janis Ingles, Director ofIS
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-325- Aether Systems, Inc.
CC:
Finance
Attached is a copy of the executed license, maintenance and software support agreement with
Aether Systems, Inc., for Fire Records Management System (RMS) 5.0 Software. The original
agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
., .
"I*' \"
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): \ 0- \ 5- CJ \ Item #
Vote: Ayes l-(p Nays -e-
Change to motion to amend original documents: -
IS Resolution # 2J::o \ - :,Z.s
Abstain.G-- Absent 'I
Reso. # On Attachments: / Contract term: -
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
NullNoid After: (rf) DA-! \ ! 12..-14 -0 I
By: -
Date Sent to Mayor: 10-1'1 - () \
Date of Mayor's Signature: 10-\ \,(-0\
Date of ClerklCDC Signature: 10- \ l;' -6 \
Reso. Log Updated: ,./
Seal Impressed: v"
Date Memo/Letter Sent for Signature: I b -Z<.,-() I
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:,/ Date Returned: 11-1 LJ-O \
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (398;, 8234, 655, 92-389):
Yes ,/ No By
Yes No ..L-.. By
Yes No ,/ By
Yes No ,/ By
Yes No/ By
Copies Distrihuted to:
City Attorney ,/
Parks & Rec.
Code Compliance
Dev. Services
EDA
Finance
Others: r d2E
,/
MIS
./
Police Public Services
Water
Notes:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: ~
Date: -LJ-IS-u\
Revised 01/12/0 I