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HomeMy WebLinkAboutAgenda Report - October 1, 2003 E-12CITY OF LODI AGENDA TITLE: Authorize the City Manager to sign the service/maintenance agreement for current police computerized information systems with Data 911 ($58,265) (PD) DATE: October 1, 2003 RECOMMENDED ACTION: That the City Council authorize the City Manager to sign the Service/Maintena.nce Agreement for current police information systems with Data 911. BACKGROUND INFORMATION- Over the past four years the Lodi Police Department has purchased new computer systems from Data 911 consisting of Computer Aided Dispatch, Records Management System, Report Writing, and Mobile Data Computers. With the systems now in place, a maintenance agreement is needed to provide for receiving software upgrades/updates no longer covered under warranty. This maintenance agreement will expire on June 30, 2005 and is included in the FY 03-05 budget. City Attorney Randall Hays has approved the Data 911 Service/Maintenance Agreement as written. FUNDING: $58,265 from 2003-2004 Police Operating Budget, Line Item #7335. Funding Approved By: A ILL L Vicky M,Athie, Finance Director cc: City Attorney .ferry Jftdam`s��� Chief of Police Software Enhancement Services and MDS Extended Warranty Agreement This Agreement is inade as € f _ �{�grc er��et�t Date) at Alamo ,,da, California, by and between Hubh Systoms, LLC dba Data9l 1, 2021 Challenger Drive, Alameda, CA 94501 and the City of Lodi (Client), I . SOFTWARE. Subject to the terms and conditions set forth in this Agreement, Data9l 1 shall provide serviccs hereitrafter described with. respect to Client's application software identified in Exhibit "A". 2. kfAIgl=3WARE, Subject to the terms and conditions set fbah in this Agreement, Data9l I shall provide maintenance and t-cpair- service for the hardware described in Exhibit "A" 3. PAYMENT, Client shall pay Data9l 1 for services renders -d as specified in Exhibit A to Sofltivare and 1 lardware specified in Lxhibits 13 and C. Payment small be Made directly to Data9l 1. Data.91 I shall stt111lit all billings for said services to Client in the ttaanncr ,�pecificd in Exhibit A. 4. I:QUII'M11NT . Data9l l shall, at its sole cast and expense, provide tools and equiprnent which may be required for furnishing services pursuant to this Agreement. S, S01,T's AR.F SERVICE. Data9l] offers this software enhancement and services agreement and promisQs to provide the services detailed in F.,xftibit "B" Software Enhancement Services Staten -brit of Work. d. HARDWARE SERVICE, Data9l l offers this fall service hardware mainteriance agreement and promises to provide the services detailed in Exhibit "C" MDS Extended Warranty Statement of Work, Services include, the repair of hardware submitted tinder this contract and specified in the equipment list in Kxlhibit "A", Schedule ` A" and will include all parts and labor subject to the conditions ou fined herein. TERM, Commencement date July 1, 2003 and the Termination date is Jkinc" 30, 2005.. d, 1 XIJI SITS. AH exhibits referred to herein arc attached hereto and are reference incorporated herein as though set forth in Full. Exhibit ``A" includes acomplete list of the software modules, equipment, costs, terrll of set -vice, contract term, billing procedures and payment methods, which shall be covered under .this agrc QmQnt. Exhibit "E3" details the Software F'nhan'ces crit and Services to be perl"ormcd. Exhibit "C"' details the DS Extended Warranty Statementof Work for the RMA procedure, and the harts and labor availaHity. F'.Nhibit "D" refers to General Terms and Conditions. EXEC U'1'laD as of this clay first above-staWd. K Dixon Flynn, City Manager Bret R. Hubbard, President, Data9l 1 Attest: Susan J. 13lackston , City Clerk !approved as to forte: l*a 'dial A. lffry5, City Att Macy l Confidential and Proprietary page i Software Enhanceirnent Services and MDS t3xico3dcd w[w anry Agreenicni 1. Softvdare and Mobile Data System Equipment List, Contract Term, Price 1. Hardware Coveted. ,15^3{5}, 3976x3. , 474Qq 4�7747-�11, 4ry74�27, 4743, 4°7744, 9f ^77�4a/5, 4�/7'4y®6, �4y747, 4748, 4749, 4777, 4' 78, `'f'767,4f8Qq`Si81,4/82,4E83,4184,4f85,4I86, T6✓8, 7659 I.I. Term 2 -year term C0nI ICnCinl buy 1, 2003 and tern-iinatizz4; June 30, 2005. ?. This Agreement may by terminated by either party upon tuts days notice to the other in the event of any material default hereunder by the ether party. Confidential and Proprietary Pagc 2 Software Enhancemeni Semccs and MDS Extendcd Warranty Agm4mrnt Fiscal Year 2003 2004 Fiscal Year CAD Server 1 $3.,000.00 $3,200.00 CAD First st Seat 1 $7,500.00 $8,000.041 CAD Addition Seats ,625.�D €} S6,000�.0�r0 RMS/RPW& �Server $J,875.00 5.00 $2,0 00 MS/1Z1'W Seat 7 $3,1541.00 $3,360.00 RX mobile Server 1 $4,500.00 $4,$00.00 RX Mobile Seat 24 $5,382.00 $5,740.80 COMMServer 1 $3,000.00 $3,200.00 ECOMM Seat 3 $675.00 $720,041 iI X Seat 24 $1,782.00 $1,900.$0 Message Switch 1 $4,500.00 $4,800.00 DOJ CLETS 1 $2,250.00 $2,400.00 E911 1 $2,250.00 $2,400.00 Oracle Enterprise Server $5,700.00 $5,700.00 Oracle Lite $456.00 $456.00 VMS O/S 1 $860.00 5860.00 1)S Maintenance 24 $5,760.00 $5,760.00 TOTAL $58,265.00 $61,297.60 1. Hardware Coveted. ,15^3{5}, 3976x3. , 474Qq 4�7747-�11, 4ry74�27, 4743, 4°7744, 9f ^77�4a/5, 4�/7'4y®6, �4y747, 4748, 4749, 4777, 4' 78, `'f'767,4f8Qq`Si81,4/82,4E83,4184,4f85,4I86, T6✓8, 7659 I.I. Term 2 -year term C0nI ICnCinl buy 1, 2003 and tern-iinatizz4; June 30, 2005. ?. This Agreement may by terminated by either party upon tuts days notice to the other in the event of any material default hereunder by the ether party. Confidential and Proprietary Pagc 2 Software Enhancemeni Semccs and MDS Extendcd Warranty Agm4mrnt 3. III the: event Contractor fails to abide by the terms, covenants and conditions of this Agreement, City small give Contractor written notice to correct the defatilt and, if tlae same: is not corrected, or substantial steps are not taken toward accomplishing such correction, within 10 City business clays after City's notification of same, City may terminate this Agreement forthwith upon giving Contractor written notice sent via certif=ied mail; .and (ii) to the event of non - appropriation (the failure of City or City's governing body to appropriate money for any fiscal year of City sufficient for the continued performance of ally hardware/software services), City shall have the rigbt to terminate; the this Agreement at the; end of any fiscal year of City, upon written notice of such termination not less than 60 days prior to the end of such fiscal year, and €aotifyitiL� Contractor of any anticipated termination. 4.. This Agreement may be teras-iinatvd by Data91 '1 if the Software or Mobile Data Syst nis supported are altered or enhanced by any czatity (including Client) other than Data911, anything to the contrary herein notwithstanding, 5. No termination hereunder shall release Client from its obligation to make payment forservices rctidere:d through the date of termination, 1114 Fees. Billing ing 'rocedures and Payment Method 1. The first. fiscal year payment is due, immediately, The second fiscal year payment is due July 1, 2004. 2. Client shall pay Data911 for services rendered based on the costs, equipment and cerins as specified. Payment shall be made directly to Data911 for services rendered pursuant to this Agreement. Data91 1 shall subzrait: an invoice for said services to Clienat to the addross listed below: U. Bryan A. Noblett Support Services Division Dodi Police Department 230 W. Din St. Lodi, CA 952441 Office, (09) 333-6788 Fax, (209) 333-6792 I Any and all applicable tax payments associated with goods or services provided per this Agreement are not included in the fees and will be charged at the prevailing rate upon payment clime. t'I,,. C.oi fideiitia! aiid Proprietarf Page 3 Soil mare Enlsanccmeni services and MDS EXiCIRICd WarrantyAgmcmcw.: I. SOFTWARE ENHANCEMENT SERVICES STATEMENT OF WORK Data9l I agrees to provide Client during the terry of this Agrees ent, under Lht, Cees scheduled herein and subject to the provisions set forth below, the services hereinafter described with respect to Client's application software. For Data9l 1 Software. Products, a two-hour response time during normal business lours (Monday — friday, 0800 — 1700) for emergency support requests. An efflergeDcy is def ncd as an application failure of the software defined in Exhibit A. Response is defined as the paint in time when Data9l I begins diagnosis of t1w, reported problems. Client shall use the method of communication that is idendfied by Data9l l for emergency service requests. Modein on-line software. technical support service shall bo used when applicable. Data9l I shall provide 24- hour -whour response time for oto-sitc software ernergericy service, when requimd. TTavel and accon-iniodations charges incurred will be Filled to Client. I Provision of media and for all new releases/modifications to the sov,=are modules listed in Exhibit A at no additional cast to Client, Installation, conversion of'data, and training; will be Qharged at a quoted hourly/not to exceed rate at the election of Client. Telephone consultation regarding: (a). Questions related to public safety data practices and procedures, (b). System adi-rinistration consultation and assistance; e.g. paper flow and retention, (c). Exceptions to Standard Procedures. (d), Modification of Client's computer software or purchase of additional hardware. 11.NON-CHARGEABLE SERVICES There shall be NO CHARGE for any new releases or cmhanc,ements to Data9l 1's Software as provided to all its clients ander Enhancement and Service Agreements. I— eta r3 Cctpftde;ntial and Pnapridary Page 4; suftware Unh;incement 5erviccs incl MI)s Extended Warranty Agreement 111, CHARGEABLE LE SERVICES 1. Items listed below are not under Data9l I's control, and are therefore char cable. Client: will be billed at Data9l l's then -current rate or a fixed charge to be agreed upon Examples: (a). Recovery of lost data caused by hardware or operator error. (b)} Assistance with Word Processing and/or other software, including Operating System software, not written by Data9l 1, (c,). Assistance due to user failure: to Follow prescribed procedures or exereiSe normal care in data processii g. (d). Research, review, and revision of operational work.. (c). Upgrading of Client hardwarc system, now operating system and data Gotive sion. (f). Re-training on modules already operational. (g), Additional copies of software documentation. (h). Installation or interfacing of additional hardware, software, anj upgrades, (0) Cabling. (,} After hour emergency services. (k.) Software changes mandated by local, county, state or federal authorities.. Data, 1. time is chargeable in 15 minute increments for chargeable services requested/completed during normal business hers. minimum charge of I hour applies for all chargeable le seri=ices request llcgmpleted.. during non -lousiness hours. Travel and accommodations charges for on-site service calls will he billed to Client. Cojif€dentiaf and Proprictaiy Page 5 Softmam 2nhajaceincnl Services and MDS ErY�m:511� arsant::�ae�m; at EXHIBIT C MDS EXTENDED ARRANTY STATEME NT OF WORK to Services Services provided are limited to, daring the term of this contract, Data9l 1's repair of replacement, at Data9l I's discretion, of any part or componei..�i, which prohibits the proper and normal operation of the Data9l 1 equipment specified. i.tr Exhibit "A". Maintenance strvices include, but are not limited to, all pails and/or tabor required to identify the failure and. to repair the equipment to guarantee proper working condition of the product returned. No on-site: Contractor representative will be included as a part of these services. IL Return Material Authorization Procedure Upon determination that a hardware failure has occurred the client will c011tac;t Data9l 1 by telephone at (510) 865-9100 ext. 125 to obtain a Return Material Authorization number. A qualified Data9l I technician will provide initial telephone consultation to assist the client in problern analysis and determination. as sonic problems may be in other layers of the system and therefore will not require the return of a unit. Equiprxzent is to be; removed and returned to the factory, shipping prepaid by Clzerrt. Prior to QgUipznerrt shipment, Client is to call Data9l l for a Return Material Authorization (RMA) number. The RMS. number- is to be clearly rnarke~d on shipping label or shipping container. The unit will be repaired and shipped by Data9l I back to Client via ground shipping service within 10 bUSi,jCS3 days of rOCeipt, ClielAt is to pay for any e;xpeditcd return shipping service- i . Parts and Labor availability Data9l! will guarantee that for a period often years from the tine of purchase of new equipment, availability of parts and labor, If parts becoruc unavailable within the tern -year period, Data9l I will replace the obsolete equipment to equivalent functionality at no additional charge. Confidential wtd Proprietary Page 6 Software Enhtam:xmgn[ Services and MDS B(cjidcd Warranty Apeannew EX IBIT GENERAL TERMS AND CONDITION l . Data91 1 shall hav(, full access to Client's Mobile Data System computers for purposes of perforn-ling its obligations under this Agreement, Data91 l shall not be responsible for the application software deployed on computers returned for service, however Data9l I will protect and support: Clients obligation to third piety software i.icensers when so advised of any obligations Client n -lay have its this regard. A 2400 Baud Modem, and supporting telephone facility and services is to be supplied by the Client. 2. Client shall be responsible for ensuring that all of its files are adequately duplicated for reloading on a current basis ("backed -rip" as used in the trade) iiia accordance with the highest and most up-to-date standards of the computer industry and Client, shall indemnify Data.91l against Client's failure to do so, 3, Cugom hardware; development and programming For Client or special program rnodificati.ons are not included under this agreement, but may be requested and quoted for Clicrit's consideration, 4. Clic.nt assures that all units identified by this Agreement are in good working order and condition as of the this Agreement Date. 5. Data911 shall have no liability whatsoever For general damages, extraordinary costs, loss of profits, or i c.idetatal, indirect, special or consequential damages. (even of it has been apprised of the likelihood thercoo arising out of or in connection ,Nidi Data9l I's obligations or performance hercurider or any breach hereof. In the event of Data9l l's material breach of this Agrc;c nwrit, Client may cancel this Agreement and refuse to pay Data.911's invoice For the particular service, which is the imi-nediate subject of the breach, such rights lacing the sole and exclusive remedies available to Client. Delay or failure of performance by Dala91 I shall not constitute a breach hereunder where the same is dice to any cause or condition beyond Data9l I's reasonable c:onti�ol. Data9l 1 shall not be responsible for,, and Client shall indemnify, defend and hold harnxless Data9l 1 f -on- and against, and release Data9l I fron'i any claim by it with respect to, any and all claims, demands, suits, actions, proceedings, judginents, losses, damages, injuries, penalties, costs, expenses (including attorney's fees) and liabilities of by or with respect to third parties, to the c xi"c;iiL st€cli grist f�-(.)iii Clicnfs negligence or willful misconduct, 6� Should Data9l I deem it accessary to refer the enforcement of its right to payment oilConridentiai and Proprietary Page 7 SoRwarc Enhancement Services and MDS [.xt, Wed WaruMy Agmem m hereunder to its attorneys, Client shall pay such attorneys` reasonable fees and e=xpenses and costs of suit.. 7. 13'grral mploymciat OpportAmity - d=aring the performance of this Agreement, Data9l I agrees as follows, - A, Data9l l will not discriminate agaitast aray employee or applicant . or ernployrnent because of race, color, religion, or national origin, Data9l I will take affirraaative action to erasure that applicants are employed, and Haat employees are tn�.ated during employment, without regard to their Mace, color-, religion, sex ..or national origin. Such action shall include, but riot be limned to thefollowing: employment upg) rading, demotion, transfer, recruitment or recruitment advertising; layoffor termination; rate of pay or their formas of compensation; and selection for training, including appre=ntic=eship. Data91 I agrees to post in conspicuous places, available to en-iployecs and applicants for employment, notices setting forth the provisions of this rio=t -discrimination clause, B. Data91 1 will, iia all solicitations or advertiser's eats for eraaployces placed ora or oil behalf of Data9l l state Haat all qualified applicants will receive consideration far employrneot without rcand to race, color-, religion, sex or r=ational ovigin. C, Data9l 1 will cause ilio foregoing provisions to be inserted in all subcontracts ror any work cow -rcd by this Agreeniont, provided that tire foregoing provisions shall riot apply to contracts or subcontracts or standard coinmercial supplies or raw m=aterials. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, successors and assign=s, 9. This A reemcnt shall be construed and enforced in accordance with the laws of the State, of California, 10, Data91 I shall riot be held to have waived any of the provisions hereof for failure to invoke; any of the Yerraedies available to it in the event ofany breach by Client of this Agreement and the waiver by Data91 t of any provision hereof shall riot be deemed to be a waiver of such provision on any subsequent breach of the same or Lilly either- provision hereof. 11. The Client rnay, front time to time, request changes in the Scope of Services of the Agreement to be perforraaed hereunder. Such changes iacluding any increase or decroase in the amount of I_iata9ll`s compensation, which are rnutua.ily agreed-upon by and bc,-tween the Client and Data9l1, shall be incorporated in written amendments to this Agreement. 13, All notices required or per=tained to be given by either party to the othenccreunde:r slt.a.11 be in writing, sent by US. mail, postage prepaid, addressed to the other party at tlac address for it mentioned in this a reernent or to such other place as may have been given by similar notice by such other party. All notices shall be deemed Confiklcntiai and Pra ttc ary Page 8 S,Awzam Etahanrxment: services and MDS 1_\tcndcd Warrant}- Aucement fivers when properly posted except notice of change of address which shall be deemed give's when received. 147 This instrument constitutes thQ Complete and exclusive statement of the agrecnn nt between the parties and supersedes all conteaiporaaeous and previous agreements and communications, oral or written, between the parties with respell to the subject matter of this Agreement. Any statement, agreement, representation or other co amunication or expression not contained herein is without authorization of, and shall not be binding on, Data9l 1. This agreement may not be modified or supplemented except by ars instrument duly executed on behalf ofthe theta parties bound hereby including, if the same is a corporation, only by an officer thereof, Ccmf ticritial ataci ProprietaryagQ�g. Sollware Enhanccment Services and MDS_ k'wendcd Warranty AgreemcnI.