Loading...
HomeMy WebLinkAboutAgenda Report - September 7, 2005 E-13AGENDA ITEM E10105 &IQ CITY OF LODI %"COUNCIL COMMUNICATION 7M AGENDA TITLE: Adopt a resolution authorizing the City Manager to sign the annual Service/License Agreement with Data911 and authorize payment using funds previously approved in the 2005-2006 police budget. ($65,547.51) (PD) MEETING DATE: September 7, 2005 PREPARED BY: Jerry J. Adams, Chief of Police RECOMMENDED ACTION: That the City Council adopt a resolution authorizing the City Manager to sign the Service/License Agreement for current police information systems with Data911 of Alameda, California and authorize payment in the amount of $65,547.51. BACKGROUND INFORMATION: Several years ago, the Lodi Police Department purchased computer systems from Data911 that allow for records management, computer aided dispatching, field reporting, mobile computing and other functions which allow the department to perform efficiently. An annual maintenance agreement provides for software and hardware support in the event of system malfunctions so as to minimize any disruption in the department's ability to provide service to the public. Additionally, this current agreement would provide for the purchase of additional software licenses which will allow more end users to utilize the software that has become essential to their job functions. Payment for this service agreement has been approved by Council annually for the past three years. FISCAL IMPACT: No net fiscal impact as this amount was included in the Lodi Police Department's operating budget. FUNDING: $65,547.51 from the 2005-2006 Lodi Police Department operating budget. (10.10.317) JJA: sm Attachment Cc: City Attorney f�� , 4&,, ,% James W Krueger, Finance Director Jerry J. AdarKs Chief of Police APPROVED: Blair` , City Manager This Purchase Agreement ("Agreement") is made as of August 1, 2005 between the "City of Lodi Police Department" (the "Buyer") and Hubb Systems, LLC, dba Data911, of Alameda, California (the "Seller"). IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Items of consideration. The Seller agrees to deliver to the Buyer the software licensing, MPS extended warranties and third party operating system warranties as defined in Schedule A of this document, to be referred to hereafter as the "Goods" and Buyer shall accept and pay for the Goods as specified in this Agreement. 2, Disclaimer of Express Warranty. Seller warrants that the Goods are as described in this Agreement, but no other express warranty is made in respect to the Goods. Terms. Payment of 100% of the contract price is due at time of order. Invoices are due 30 days from the Invoice date. An invoice that ages 45 days from Invoice date, unless mitigating circumstances are present, shall be considered past due, Buyer will be responsible for any legal and/OF collection fees arising from non-payment of Goods. The term of this Agreement shall be for twelve months (one contract year) commencing on the date specified in Exhibit A. This Agreement may be terminated by Data91I if the application software is altered or enhanced by any entity (including Buyer) other than Data911, anything to the contrary herein notwithstanding. 4. Title. Seller reserves title to the Goods until Seiler has been paid in full for the Goods. Goods are revocable if payment terms in the Invoice are not satisfied, However, while Buyer is in possession of the Goods the Buyer agrees to hold Seller harmless from and against any and all claiinns, actions, suits, proceedings, costs, expenses, damages, and liabilities, including legal fees (on a solicitor and own client basis) arising out of, connected with, or resulting from the Buyer's use or application of the Goods. Stich indemnity shall survive the termination or expiration of the Agreement. 5. Entire Agreement, This Agreement constitutes the entire agreement among the parties and except as herein stated and in the instruments and documents to be executed and delivered pursuant hereto, contains all of the representations and warranties of the respective parties. There are no oral representations or warranties amount the parties of any kind, This Agreement may not be amended or modified in any respect except by written instrument signed by both parties. 6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Jurisdiction and venue of any actions shall be in the County of San Joaquin. 7, Successors and Assigns. This Agreement shall endure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, 8. Attorneys' Fees. If either party brings an action or proceeding at law or in equity to interpret or enforce this Agreement or any provisions contained herein, or to seek damages or other redress for a breach, the prevailing party shall be entitled to recover in addition to all other remedies or damages, reasonable attorneys' fees and costs incurred in such action or proceeding. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above mentioned. CITY OF LOBI Dated: Blair King, City Manager Dafl@911 kq'067s—entative Attest: Susan J. Blackston, City Clerk Print Name Approved as to Form: 67—St—e�Fen —Schwabauer, City Attorney, FMDSUUnitE7xtean7dedWarranty st Original Ship tate Cur'rentWarranty End ®ate rop used Warranty Encs Date unit Type 1535 $240.00 02102/99 06(30/05 06130106 Fulf 666 System 3968 $240.00 09/11100 06/30/05 06130/06 Full 786 System 4740 $240.00 09121100 06/30/05 06130106 Fuli 786 System 4741 $240.00 09/21100 06/30/05 06130/06 Fuii 786 System 4742 $240.00 09121/00 06/30/05 06130/06 Fuil 786 System 4743 $240.00 09121!00 06/30/05 06130106 NO 786 System 4744 040,00 09121!00 06130105 ' 06130106 Full 786 System 4745 $240.00 09121/00 06/30/05 06/30/06 Full 786 System 4746 $24C1♦00 09/8100 06130/05 06/30106 Full 786 System 4747 $240,00 09121/00 06!30/05 06/30106 Full 786 System 4748 $240.00 09121/00 06/30105 06/30/06 Full 786 System 4749 $240,00 09/21M 06/30/45 06/30!06 Full 786 System 4777 $240.00 09127/00 06130/05 06130/06 Full 786 System $240.00 09/27/00 06/30/05 06130/06 Full 786 System A4,77,11 $240,00 $240.00. $240:00;. 09/�7Iob 09127100 09/27100 06/30/05 06/3.0105 06/30105 {18!,31710& 06130/06 0613©106 Full 7815System Full 786 System Full 786 System $240.00 09/27/00 06/30/05 06/30/06 Full T86 System 4785: $240.00 $240.00 4240:00 09/27100 09/27/00 09127!00 06/30/05 06/30105 06/311105 06/30/06 06/30/06 176/30!06 Full 786 System Full 786 System Full 786 System 4786 7658 7659 $24:0.00 $240.40 $240.00 .. 09/27/00 06125102 06/25102 06/30105 06/30105 06/30/05 06/301136 06/30/06 06/30/bE Full 786 System Ful] 786 System Ful) 786 System I o1al quoted cost to cov r. 4 full Data911 syMenls With the 8&ial numbers listed above until the date as shown in 'Proposed Warranty End date`, $ 5,760.00 Lodi Police Dept, 90nduls A as of 07105105 RESOLUTION NO. 2005-179 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE SERVICE/LICENSE AGREEMENT WITH DATA 911, AND FURTHER AUTHORIZING PAYMENT OF FUNDS APPROPRIATED IN THE 2005-06 POLICE BUDGET NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Service/License Agreement with Data 911, of Alameda, California, for current police information systems; and BE IT FURTHER RESOLVED that the City Council hereby authorizes payment of $65,547.51 from the 2005-06 Police Budget. Dated: September 7, 2005 I hereby certify that Resolution No. 2005-179 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 7, 2005, by the following vote: AYES: COUNCIL MEMBERS - Hansen, Hitchcock, Johnson, Mounce, and Mayor Beckman NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS -- None ABSTAIN: COUNCIL MEMBERS - None SUSAN J. BLACKSTON City Clerk 2005-179