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HomeMy WebLinkAbout20 COMPUTER SVCS 10-07-96 NO. 20 '0 96 1-7- Inter-Com DATE: OCTOBER 1, 1996 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER POLICE DEPARTMENT CONTRACT APPROVAL - COMPUTER SERVICES RECOMMENDATION: BACKGROUND: In January, 1995' the City of Tustin entered into a contract with OCS Technologies, Inc. through which OCS was to provide equipment and services for a computer-aided Dispatch and Records Management System in the Police Department. The OCS contract was for $275,075 plus sales tax with travel and per diem not to exceed $10,870, for a total of $300,676. Pursuant to the contract, an initial payment to OCS was made for about $152,000. OCS has not performed satisfactorily. Presently, OCS is out of business, with another computer company, Tiburon, Inc., apparently acquiring some of OCS's assets. Tiburon has offered to complete the project for the outstanding balance of $137,537.50, remaining on the City's contract with OCS, plus travel and per diem in an amount not to exceed $10,870. The City of West Covina Police Department has also recently begun marketing a computer-aided Dispatch and Records Management software based upon the old OCS software. Research indicates the West Covina software is significantly upgraded over the Tiburon package, with many features which are advantageous to the Police Department's usage of the software. The West Covina system operates on a Hewlett Packard platform. Their commitment is to the Hewlett Packard platform for the future. O -- ~o ~--o ~o o ~ co ~-o co o O' co 'to co 0 ~ · 0 co n,- i.~ ~ 0 0 f~3 ~o ~- 0 0 0 o :s U ~ ,- 0 c r- c .*--' 0 0 r- r'~ 0 r"' 0 · --+.~ ~ o <I: c~ o 0 o 0 '~' +~ ~0 o~ EQUIPMENT AND SERVICES AGREEMENT This EQUIPMENT AND SERVICES AGREEMENT is made this~ day of , 1996 by and between the City of West Covina, throUgh its Police Department, an entity organized under the laws of the State of California ("West Covina Police") and the City of TUSTIN, a municipal corporation organized under the laws of the State of California ("Client Agency"). Recitals Ao Client Agency has expressed an interest in using the West Covina application software based on the HP MPE/XL Operating System. S. Client Agency desires to implement and use a comprehensive public safety information system without the responsibility for day-to-day central computer system management and West Covina Police has the available central computer system capacity, implementation and system management skills and ability to implement such a system and to provide on-going support and maintenance. In consideration of an initial service establishment/license fee, a one-time fee for administrative/installation costs and third-party hardware and software costs, and annual software support/maintenance fees to be paid by Client Agency to the West Covina Police, the parties agree as follows: 1. Sale of Equipment and Software. Subject to the terms and conditions hereof, West Covina Police agrees to sell to Client Agency, and Client Agency agrees to purchase from West Covina Police, the Third-Party Equipment and Software described in Attachment 1, incorporated herein by reference, and the right to use the West Covina Right-to-Use Software products described in Attachment 1 (collectively referred to as the "System"), together with certain "Initial Services" and first-year "Maintenance", also as described in Attachment 1. West Covina Police shall obtain for delivery at the address designated for Client Agency's use of the System (the "Installation Site"), the Third-PartY Equipment and Software. Client Agency's right to use the West Covina Right-to-Use Software products identified in Attachment 1 may not be transferred, leased, assigned, or sublicensed without West Covina Police's prior written consent, except for a transfer of the right- to-use in its entirety to a successor in interest of Client Agency's entire organization who assumes the obligations of this Agreement. 2. System Installation. West Covina Police shall be responsible for complete 1100-00026 35679_1 September 24, 1996 Mr. William A. Huston City Manager October 1, 1996 Page 3 It is our recommendation that the Police Department be granted authorization to execute a contract with the City of West Covina for the above listed products and service, as approved by the City Attorney's Office. STEVEN L. FOSTER Acting Chief of Police SF:FW:et installation of the System and the Third-Party Equipment and Software identified in Attachment I hereto, as well as the down-loading of the West Covina Right-to-Use Software identified in Attachment 1 hereto. 3. Training. Client Agency shall select personnel suitable to operate and use the System and confirm that such personnel demonstrate the competence necessary to manage and operate the System. West Covina Police shall, upon Client Agency's request, provide Client Agency's personnel with training and instruction concerning the operation and use of the System by conducting a training session(s) at a mutually convenient time at Client Agency's facility. The cost and terms of payment for providing training at Client Agency's facility is contained in Attachment I of this Agreement. 4. Systems Acceptance Test. Prior to delivery of the System to Client Agency, West Covina Police shall develop testing procedures and specifications and provide them to Client Agency for its approval (such approval not to be unreasonably withheld). Such testing procedures shall be sufficient to test the functionality of the System in Client Agency's operating environment and using client Agency's data and to determine whether the West Covina Right-to-Use Software performs, in the Client Agency's operating environment and using the Client Agency's data, in the same manner as when used in t. he operating environment of the West Covina Police. Within ten .(10) days after delivery and installation of the System is completed, such testing procedures shall be performed and, if (a) such procedures are satisfactory to the Client Agency, (b) the System conforms to the specifications provided by the West Covina Police and approved by Client Agency, and (c) the West Covina Right-to-Use Software performs in the same manner as when used in the operating environment of the West Covina Police, West Covina Police shall so certify in writing to Client Agency (the "West Covina Police Written Certification"). The date of Client Agency's receipt of the West Covina Police Written Certification shall be deemed the "Beginning of System Acceptance Test," within the meaning of Attachment 1. Unless Client Agency has notified West Covina Police of a material defect in the System that has not yet been cured, the System shall be deemed accepted 90 days after Client Agency's receipt of the West Covina Police Written Certification. If there is a material defect in the System that has not been cured within 90 days after the Beginning of System Acceptance Test, the period for West Covina Police to cure the defect shall automatically be extended by 30 days. If, at the end of such 30-day period, there remains a material defect in the System that has not been cured, Client Agency may, in its good faith discretion, either terminate this Agreement and obtain a refund of the amount paid, or further extend the period for West Covina Police to cure the defect. A material defect is defined as: (a) one in 1100-00026 35679_1 September24,1996 which the System fails, in a material way, to conform to the specifications provided by West Covina Police and approved by Client Agency, and/or a material failure of the West Covina Right-to-Use Software to perform, in the Client Agency's operating environment and using the Client Agency's data, in the same manner as when used in the operating environment of the West Covina Police, (b) one which causes a material impairment of the benefit to be derived by Client Agency in using the System, and (c) one which must be demonstrated by reproducible error. In no event may Client Agency.terminate this Agreement and obtain a refund of the amount paid, for any reason other than a material defect, as defined above. "Final System Acceptance" shall be deemed to have occurred on either (a) the date 90 days following Client Agency's receipt of the West Covina Police Written Certification, provided (i) Client Agency has not, within such 90-day period, notified West Covina Police of a material defect in the System, and (ii) such material defect has not been cured by the end of such 90-day period, or (b) if the initial 90-day period is extended due to a material defect, such subsequent date as Client Agency provides West Covina Police with written notice that all material defects have been cured and the System is finally accepted. Final System Acceptance shall in no way affect the warranties afforded to Client Agency under this agreement. 5. Confidential Treatment of Information. West Covina Police shall maintain in confidence, and shall not disclose to any third party, unless directed to do so in writing by Client Agency's Chief of Police, or designee, all data and materials furnished by Client Agency hereunder, and West Covina Police agrees that such information shall not be used by West Covina Police for any purposes other than the provision of services pursuant to this Agreement. West Covina Police's obligation under this Paragraph 5 is limited to diligent compliance with the same methods and procedures that West Covina Police uses to protect its own confidential information from disclosure. 6. West Covina Maintenance. West Covina Police shall maintain the West Covina Right-to-Use Software. West Covina Police shall use its best efforts to correct any reproducible error. Response to downed systems generally will be within four hours. Suspected error conditions will be investigated and corrected by West Covina Police personnel at West Covina offices to the extent possible although visits to the Client Agency's site shall be made when necessary pursuant to Paragraph 11 of this Agreement. West Covina Police may provide Client Agency with use of unsolicited error corrections or changes to the software which West Covina Police determines are necessary for proper operation of the software. 7. New Releases. West Covina Police is continually working on improvements to the West Covina Right-to-Use Software. During the term of this Agreement, as 1100-00026 35679_1 September 24, 1996 these improvements are released, Client Agency will receive .the right-to-use these improvements. West Covina Police reserves the right to make final determination as to whether or not newly completed or acquired enhancements, modules and/or applications are deemed separately priced products or are to be included as no-cost enhancement/new releases for the maintenance-paying Client Agency. 8. Pricing. Third-Party Equipment and Software Costs, Service Establishment/License, Administrative/Installation Fees and Training Fees shall be paid on a one-time only basis according to the payment schedule contained in Attachment 1 of this Agreement. Software Support and Maintenance fees are billed annually and are due and payable by July I of each year. The amount of these annual recurring fees are presented in Attachment 1. West Covina Police may increase the amount of the annual recurring fees each year, except that the maximum increase for any one fiscal year may not exceed five (5) percent. Client Agency.will be notified of such annual recurring fees increases by April I of each year. For the initial term of this Agreement the annual recurring fees shall be adjusted as follows: The Software Support and Maintenance fee shall be prorated from ninety (90) days after system activation until June 30 of the current fiscal year. Within ten (10) days of system activation West Covina Police shall provide Client Agency with a written notice of the system activation date. 9. Taxes. Client Agency shall report and pay all applicable federal, state, and local taxes designated, levied, or based (1) upon the Purchase Price, Service Establishment, Maintenance Fees, or any other amounts payable under this Agreement; (2) on account of this Agreement; or (3) with respect to the System, the Third-Party Equipment and Software, or the use by Client Agency of the System or the Third-Party Equipment and Software. Client Agency shall indemnify and hold harmless West Covina Police from all claims and liability resulting from Client Agency's failure to report or pay such amounts. 10. Delivery. West Covina shall deliver all Third-Party Equipment and Software to Client Agency's facility and shall thereafter down-load the West Covina Right-to-Use Software. 11. On-Site Assistance and Billing. If a problem cannot be resolved using remote diagnostics, West Covina Police, with the Client Agency's authorization, shall send a specialist to the Client Agency's site under the following terms and conditions: (1) If the problem lies solely with Client Agency's equipment, West Covina Police will be responsible for all expenses associated with the resolution of the problem, and (2) if the problem is Client Agency generated, Client Agency may be responsible for 1100-00026 35679_1 September 24, 1996 all fees and expenses and will be automatically billed on a net 30 basis at West Covina Police's then-current'service rate plus cost of materials. The current service rate is indicated in Attachment 1 of this Agreement. Nonpayment of billed services shall constitute a breach of Agreement and all maintenance shall be withheld until such time as all back payments plus applicable interest charges have been fully repaid. If an invoice is not paid within 15 days of the date due, it shall thereafter bear interest at the rate of five percent per annum until paid. Client Agency generated problems include any and all hardware and/or network failures that were caused by improper use, tampering or by intentional damage to the Client Agency's Third-Party Equipment. 12..West Covina Support Service (WCSS). Calls to WCSS will be accepted during regular business hours from 7:00 a.m. PST to 5:00 p.m. PST on Monday through Friday, excluding announced West Covina holidays. Responses from WCSS or other West Covina Police representatives will be provided during the same hours. West Covina Police will use its best efforts to resolve problems promptly. Client Agency will select no more than two (2) of its employees to serve as official representatives of Client Agency to use the WCSS hotline support: Client Agency may also appoint alternative representatives to act in place of the official representatives in their absence. The WCSS service is not to be considered a source of training or a source of consulting. It is Client Agency's responsibility to regulate and authorize the use of this service by its employees. All WCSS services shall be coordinated in advance with the West Covina Site Manager. Client Agency's representatives shall not call programming staff directly. After-hours support services may be provided in coordination through the Site Manager. "After hours support services" means services between 5:00 p.m. - 7:00 a.m. Monday-Friday or on west Covina holidays or on weekends. Requests for emergency support services may originate only from the Client Agency's official representative(s). The charge for emergency services shall be on a time and materials basis at the rate indicated in Attachment 1 with a two (2) hour minimum. West Covina shall designate a Site Manager under this Agreement. 13..Client Agency Responsibilities. Client Agency's responsibilities shall include the following: . Client Agency, at its expense and prior to delivery and installation of the System at Client Agency's address, shall prepare the Installation Site in an appropriate manner and shall cause the Installation Site to conform to any utility, climate control, and communication interface specifications that West 1100-00026 35679_1 September24,1996 Covina Police or the manufacturers or vendors of the Third-Party Equipment may supply. , Client Agency shall promptly inspect the Third-Party Equipment upon its arrival at the Installation Site and shall notify West Covina Police if Client Agency finds any damage or defect in the Third-Party Equipment. , Client Agency shall provide West Covina Police Personnel with the work space necessary for the proper execution of its service obligations as necessary and required by West Covina Police. o Client Agency will be responsible for maintaining the computer hardware, communications equipment, telephone lines, cabling, modems and all other hardware equipment as necessary to operate efficiently and to induStry standards. o Client Agency will make available network access time for the testing and maintenance of software as necessary and required by West Covina Police. 14. Terms of Agreement. This Equipment and Services Agreement shall be effective until terminated as set out in Paragraphs 4 or 15, subject to changes in terms and conditions set out herein. 15. Termination. Following Final System Acceptance, either party shall have the right to terminate this Agreement without cause upon not less than one-hundred- eighty (180) days advance written notice. If terminated prior to the expiration of any one (1) year, the annual fee will be prorated and any remaining sum refunded less any outstanding payment for service rendered under this Agreement. Such termination shall not effectuate a termination of the license granted pursuant to Paragraph 25 hereof. Once granted and paid for, such license shall remain effective for the twenty-year period described in Paragraph 25. , If West Covina Police has not delivered the entire System, or there has been no Final System Acceptance, within six months of the date shown in the opening paragraph of this Agreement, then Client Agency shall have the right to terminate this Agreement and obtain a refund of the amount paid. 16. Warranties. o West Covina Police warrants, for the benefit of Client Agency only, that at the time of'Final System Acceptance, the System shall conform in all material respects to the specifications supplied in writing by West Covina Police and 1100-00026 35679_1 September 24, 1996 shall be free of defects in materials or workmanship. , West Covina Police's sole obligation, and Client Agency's exclusive remedy, for any defect or nonconformity in the Third-Party Equipment and Software shall be to cooperate with Client Agency to provide it with the benefit, if any, of the warranty and support commitment of the third-party manufacturers and suppliers of the Third-Party Equipment and Software. Client Agency may independently seek to obtain directly, from the manufacturers of the Third- Party Equipment and Software, maintenance or repair of the Third-Party Equipment and Software under any warranty or guaranteeprovided by such manufacturer. Client Agency acknowledges, unless Client Agency obtains separate service agreements with such manufacturers and suppliers or with a third-party maintenance vendor covering maintenance or repair of the Third-Party Equipment and Software at the Installation Site, that such manufacturers and suppliers may require Client Agency to deliver defective Third-Party Equipment and Software to their authorized service centers for maintenance or repair. , West Covina's sole obligation for any defect or nonconformity in the West Covina Right-to-Use Software is limited to repairing and/or replacing, at Client Agency's option, the software components at West Covina's own expense, which shall be Client Agency's sole and exclusive remedy. The repair or replacement of any defective software under this warranty is conditioned upon the software not having been altered or repaired by any individual other than West Covina employees or agents, and West Covina shall not be responsible for any defects resulting from the mishandling, abuse, miSuse, improper storage or improper operation, including use in conjunction with equipment which is electrically or mechanically incompatible with or of inferior quality to the System, as well as failure to maintain the environmental conditions specified by the manufacturer of the System. o THE CLIENT AGENCY UNDERSTANDS AND AGREES THAT EXCEPT FOR THE FOREGOING WARRANTY, NO WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY. ALL IMPLIED WARRANTIES ARE HEREBY AND EXPRESSLY DISCLAIMED. 17. Indemnification. Subject to the limitations set out herein each party shall indemnify and hold harmless the other party from and against claims, losses, damages, liabilities, demands, and lawsuits to the extent they arise from, or are alleged to arise from, negligent acts solely in connection with the indemnifying 1100-00026 35679_1 September 24, 1996 party's performance (or failure to perform) under this Agreement or the indemnifying party's use of, or operation of, the Product(s) sold, installed, and maintained under this Agreement. This indemnity extends solely to claims and lawsuits for personal injury, death, or destruction of tangible property. 18. Security and Privacy. West Covina Police agrees that to the extent allowed by law, none of its officers or employees shall use or reveal any research or, statistical information furnished by any person and identifiable to any specific private person for any purpose other than the purpose for which it was obtained. Copies of such information shall not, without the prior written consent of the person furnishing such information, be admitted as evidence or used for any purpose in any action, suit or other judicial or administrative proceedings, unless ordered by a court of competent jurisdiction. Client Agency shall be notified immediately, upon receipt of any such order of court, pertaining to production of such information. 19. Changes to files and/or hardware configuration. Any changes to files and/or hardware which may affect software performance, including but not limited to changes to existing hardware configurations, network configurations, terminal and printer characteristics or modems without the prior written consent of West Covina Police may void this Agreement. West Covina Police may provide requested support on a time and material basis only, until such time as the changes in configuration are resolved. 20. Independent Contractor. The parties hereto agree that West Covina Police Department and its employees, officers, and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of Client Agency. 21. Notices. Any notices required or permitted under this Agreement shall be in writing and shall be effeCtive when delivered in person or when sent by registered or certified mail, return receipt requested, with proper postage affixed, or when delivered by personal courier to the address set forth in this Agreement or any more recent address of which the sending party has been apprised. West Covina Police: Client Agency: Tustin Police Department Captain Fred Wakefield 300 Centennial Way Tustin, CA 92680 Facsimile: (714) 730- 5134 1100-00026 35679_1 September24,1996 22. Governing Law/Miscellaneous. This agreement shall be governed by the laws of the State of California. It may be amended only in writing signed by both parties. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof. 23..Entire Agreement. This Agreement, including Attachment 1 hereto, which is hereby incorporated herein by this reference, constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes any and all prior and contemporaneous representations, proposals, agreements, negotiations, advertisements, statements, or understandings, whether oral or written. No amendment to this Agreement shall be binding on ~ither party unless such amendment is in writing and executed by authorized representatives of both parties to this Agreement. 24. Copyright Indemnity. The City of West Covina agrees to defend and pay the entire cost of defending any claim or suit whenever or wherever made or brought against Client Agency based upon infringement, or alleged infringement, of any copyright or other right-to-use (whether contractual or otherwise) associated with the West Covina Right-to-Use Software, .and to indemnify and save harmless the said Client Agency from and against any and all liability, damage, loss or injury adjudged or sustained in any such claim or suit, and any and all damages sustained by reason of inability of said Client Agency to use said software because of any infringement or alleged infringement of any copyright or other right-to-use. 25. License. In consideration of the one-time payment of $92,000.00 plus tax, as shown in Attachment 1, West Covina Police hereby grants to Client Agency a non- transferable (except as otherwise provided in Paragraph 1) and non-exclusive license to use the West Covina Right-to-Use Software, including all documentation and information relating thereto and any improvements provided under Paragraph 7 above, for a period of twenty years from the date of Final System Acceptance. The RMS license is limited to 16 users and the CAD license is limited to 4 users. This license shall survive any termination of the annual software support and maintenance services portion of this Agreement. 26. Non-Assignability. Except as otherwise expressly provided herein, neither party hereto may assign this Agreement, whether voluntarily or involuntarily, without the express written consent of the other party. 1100-00026 35679_1 September 24, 1996 27. Counterparts. This Agreement may be executed in counterparts, each of which, when taken together, shall have the force and effect of an original. IN WITNESS WHEREOF the parties have executed this Agreement by their duly authorized representatives. ACCEPTED AND AGREED TO City of Tustin ACCEPTED AND AGREED TO: City of West Covina By: By: Name: John T. Distelrath Chief of Police Title: Date: Date: 1100-00026 35679_1 September 24, 1996 ]0 CITY OF WEST COVINA POLICE DEPARTMENT EQUIPMENT AND SERVICES AGREEMENT Attachment 1 Description of Maintenance Obligations A. Maintenance and Repair of E-911 Connections: All 911 communication lines are supplied by the local telephone service company. The maintenance and repair of those lines remain the responsibility of the provider. Bo Maintenance and Repair of External System Interfaces: All externals interface communication lines between Client Agency and the County are supplied by the County. The maintenance and repair of those lines remains the responsibility of the provider. Co Maintenance and Repair of West Covina Police supplied Third-Party Hardware: Do All third party hardware provided by West Covina to Client AgenCy will be the property of the Client Agency. The maintenance and repair of that hardware will be the responsibility of Client Agency. Any West Covina personnel costs will be billed to Client Agency at a time and materials rate of $50 per hour. Maintenance and Repair of Third-Party-Software provided by West Covina Police: E. All third party software provided by West Covina to Client Agency will be the property of the Client Agency. The maintenance and repair of that software will be the responsibility of Client Agency. Any West Covina personnel costs will be billed to Client Agency at a time and materials rate of $75 per hour. Maintenance and Repair of West Covina Police Central Computer System: West Covina will be responsible for all maintenance and repair of the Central Computer System with contracted maintenance coverage of 24 hours by 7 days per week, including holidays. 1 of 8 CITY OF WEST COVINA POLICE DEPARTMENT EQUIPMENT AND SERVICES AGREEMENT Attachment 1 II. F'. Maintenance and Repair of West Covina Right-to-Use Software: West Covina will be responsible for all maintenance and repair of the West Covina Right-to-Use Software for the period(s) covered by the annual maintenance fee(s). Standards and Procedures A. Equipment Provided by West Covina Police: West Covina will provide the Client Agency the following equipment: See Third-Party .Hardware identified on page 7 of this Attachment 1 B. Specifications for Network Equipment on Client Agency's Premises: All Client modems to connect off-site locations to the RMS or CAD system are provided by and are the property of Client Agency. C. Application Software Modules InCluded in the Right To Use provided by West Covina Police: 16 concurrent user license for Records Management System 4 concurrent user license for Computer Aided Dispatch Externals Interface to OCATS D. 'Application System Documentation to be provided by West Covina Police: Five copies of the current manuals for RMS and CAD. E. Implementation Timetable: Implementation will be done as quickly as is possible: once this contract has been executed by all parties. 1100-00026 35679_1 2 of 8 September 24, 1996 CITY OF WEST COVINA POLICE DEPARTMENT EQUIPMENT AND SERVICES AGREEMENT Attachment 1 F. Go H. Jo K. L. Training to be Provided by West Covina Police: West Covina will provide Client Agency with 100 hours of formal classroom training on the RMS and CAD systems. West Covina will provide Client Agency an unlimited amount of informal on-the-job training'at West Covina. Client Agencies Users' Group: Client Agency will be a member of the West Covina Computer Support Group and will be invited to attend all meetings of that group and will be asked to provide input into future software enhancements. Client Agency Population: 62,000 Number of Client Agency Concurrent Users: 16 on RMS and 4 on CAD. Client Agency Representatives: Fred Wakefield Teri Helzel West Covina Police Site Manager: Ken Fields Lee Rossman Network Availability Schedule: 24 hours daily. 7 days per week. 1100-00026 35679 1 September24,1996 3of8 CITY OF WEST COVINA POLICE DEPARTMENT EQUIPMENT AND SERVICES AGREEMENT Attachment 1 Mo No Oo Scheduled Downtimes: Downtimes are scheduled on an "as needed" basis and West Covina Police will provide, in most instances, at least seven (7) days advance notice. Less notice may be provided for emergency system maintenance downtime. Security Procedures: Client Agency will have full authority and responsibility to assign passwords', terminal time-outs, user clearances, and other related security functions to all of their users on the system. Procedure for Return of Equipment Upon Termination of Agreement: All equipment at Client Agency's site is the property of Client Agency. III. One-Time Fees and Costs A. Service Establishment/License Fee based on number of concurrent users: $92,000 plus tax. The total Service Establishment Fee is due and payable based on the following implementation milestones: Milestone Agreement Execution Beginning of Systems Acceptance Test Final Systems Acceptance Percentage Twenty-five (25) Fifty (50) Twenty-five (25) 1100-00026 35679_1 September24,1996 4of8 CITY OF WEST COVINA POLICE DEPARTMENT EQUIPMENT AND SERVICES AGREEMENT Attachment 1 B, Co West Covina Police Supplied Third-Party Hardware and Software' The cost of Third-Party Hardware and Software supplied by West Covina Police, shall be as follows: $25,391.00 plus tax The cost of Third-Party Hardware and Software supplied by West Covina Police is due and payable based upon the following milestones: Milestone Delivery of Equipment Equipment Installation Completed Percentage Ninety (90) Ten (10) West Covina Police shall indicate in writing to Client Agency when equipment installation is completed. Client agency shall issue to West Covina Police a purchase order for the total costs of Third-Party Hardware and Software before Third-Party Hardware and Software is ordered. Training Costs, Installation, Integration and Data File C°nversion: Training - $5,000. Installation- $3,000 (estimated) Integration - $5,000 Data File Conversion - $10,000 (estimated). Training costs are due and payable upon completion of the training sessions by Client Agency. The respective costs of Installation, Integration and Data File Conversion are due and payable upon the completion of those respective tasks. 1100-00026 35679_.1 September 24, 1996 5of8 CITY OF WEST COVINA POLICE DEPARTMENT EQUIPMENT AND SERVICES AGREEMENT Attachment 1 IV. Annual Recurring Fees and On-Going Costs A. An'nual Software Support and Maintenance Fees: The annual software support and maintenance fee for Client Agency is currently $15,000 per year. The software support and maintenance fee is due and payable by July 1 of each year. B. On-Site Assistance and Emergency Service Fees: Normal On-Site Assistance rate is $150.00 hour. Emergency Services rate is $200 hour. Client Agency shall be invoiced for these services fees as they are incurred. The invoice shall indicate the date services were provided, the individual providing the services and amount of time incurred. Invoices are due and payable within 30 days. Co Repair and Maintenance Costs Advanced by West Covina Police: Client Agency shall be' invoiced for any repair and maintenance costs advanced by West Covina Police on behalf of Client Agency. West Covina Police shall obtain approval from Client Agency's Representatives prior to advancing costs greater than $100. The invoice shall indicate the date and type of costs that were advanced by West Covina Police on behalf of Client Agency. Invoices are due and payable within 30 days. 1100-00026 35679_1 September24,1996 6of8 CITY OF WEST COVINA POLICE DEPARTMENT EQUIPMENT AND SERVICES AGREEMENT Attachment 1 I. SYSTEM A..Third-Party Hardware and Software: HARDWARE: I 586-133 PC. 32MB. 15" MONITOR (SERVER) 4 NEC XE 21 21" MONITORS SOFTWARE: 3,500 8,800 16 R1 WINDOWS 16 REFLECTION NETWORK SERIES NS OPEN WINDOWS NT SERVER ORBIT ON-LINE BACKUP ADAGER 4,272 2,080 1,359 2,830 2,550 B. West Covina Right-to-Use Software: HEWLETT-PACKARD COMPATIBLE SOFTWARE LICENSES: RECORDS MANAGEMENT SYSTEM (RMS) 16 USER LICENSE $ COMPUTER AIDED DISPATCH (CAD) 4 USER LICENSE $ EXTERNAL INTERFACE TO OCATS $ 53,OOO 24,000 15,000 II. INITIAL SERVICES ADMINISTRATIVE/INSTALLATION: INSTALLATION (CHARGED AS OVERTIME, ESTIMATE) ADMINISTRATIVE INTEGRATION FORMAL CLASSROOM TRAINING (100 HOURS) DATA FILE CONVERSION (ESTIMATED) 1100-00026 35679_1 September 24, 1996 7 of 8 $ $ $ $ 3,000 5,000 5,000 10,000 CITY OF WEST COVINA POLICE DEPARTMENT EQUIPMENT AND SERVICES AGREEMENT Attachment 1 TOTAL (Taxable $117,391) SALES TAX TOTAL SYSTEM cOsT $ 140,391 $ 9,684.76 $150,075.76 III. MAINTENANCE ANNUAL SOFTWARE MAINTENANCE FEES (NOT INCLUDED) $ 15,000 1100-00026 35679_1 September24,1996 8of8