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HomeMy WebLinkAbout2004-06-21 City Council (4)TO: FROM: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: POLICE 4 DATE:JUNE 21, 2004 CMR:314:04 SUBJECT:APPROVAL OF CONTRACT AMENDMENT BETWEEN THE CITY OF PALO ALTO AND PUBLIC SAFETY SYSTEMS, INC. FOR SOFTWARE APPLICATIONS AND ENHANCEMENTS OF PUBLIC SAFETY COMPUTER SYSTEMS RECOMMENDATION Staff recommends that Council approve a contract amendment with Public Safety Systems, Inc. (PSSI) to extend the term of the existing contract through April 30, 2005 for installation and integration of a new mobile data software application and software enhancements of the Police Department’s Mobile Data Computer (MDC), Computer Aided Dispatch (CAD) and Records Management systems (RMS). BACKGROUND On August 4, 2003, Council approved a Budget Amendment Ordinance (BAO) and contract amendment with PSSI to complete Phases 2 and 3 of a multi-year, phased public safety computer system problem. At that time, a contract totaling $255,250 was approved (CMR 383:03, August 4, 2003) to complete the software enhancements of the Police and Fire Departments’ Mobile Data Computer (MDC) project and integrate the existing Computer Aided Dispatch (CAD) system with the City’s Geographic Information System (GIS). DISCUSSION Staff has worked closely with PSSI to implement improvements and modifications outlined in the scope of services for the contract. Staff now has the technical and operational expertise to determine what changes are required to optimize the efficiency of these systems. CMR:314:04 Page 1 of 3 During the past fiscal year, the Police Department has implemented a number of the planned system enhancements, as outlined in the Attachment Updated Exhibit B. Because of the number of competing priorities and the limited availability of needed technical staff within the City, the Police Department opted to defer implementation of one of the key milestones until sufficient resources could be allocated to ensure a smooth transition. In addition, delays by wireless services providers in meeting deadlines to make technical improvements to the Wireless 9-1-1 system also contributed to the delayed schedule. However, the delay has actually turned out to be a benefit to Palo Alto, as the Police Department can now take advantage of a later version release of the software and will receive, at no additional cost, system enhancements that were made available (and paid for) by another jurisdiction that brought the system online. The only change being proposed to the project through this Council action is the extension of the term of the agreement. Allowing sufficient time to complete the milestone deliverables and bring the new systems and applications on-line in accordance with the existing terms and conditions of the contract. No changes in scope of work or costs are being proposed or planned. By completing the final phase of work as defined in this new agreement and by completing the software enhancements and application installations in this project, the Police Department will have effectively streamlined and optimized all of its public safety computer systems. Public safety technology will now operate at its optimum efficiency and can be leveraged for future years as a quality law enforcement tool and a repository for secure public safety and public information. RESOURCE IMPACT The contract in the amount of $255,250 has sufficient funding. No new monies are required. POLICY IMPLICATIONS This agreement is consistent with existing City policy. CMR:314:04 Page 2 of 3 ENVIRONMENTAL REQUIRED This is not a project under the California environmental review is not required. Environmental Quality Act (CEQA)and ATTACHMENTS Attachment A: CMR:383:03, August 4, 2003 Attachment B: Proposed Contract Amendment and Exhibits PREPARED BY: DEPARTMENT HEAD: SHERYL A. CONTOIS Coord~. tor, P~ice ~hnical Services Police Chief EMILY~SO’~ - Assistant City Manager CMR:314:04 Page 3 of 3 TO: FROM: City City Manager’s HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: POLICE DATE: SUBJECT: AUGUST 4, 2003 CMR: 383:03 APPROVAL OF A BUDGET AMENDMENT ORDINANCE IN TI-IE AMOUNT OF $88,596 FROM TH:E CITIZENS FOR PUBLIC SAFETY (COPS) FUND INTO CIP PD-02017 -PUBLIC SAFETY MOBILE DATA COMPUTER PROJECT AND THE APPROVAL OF A CONTRACT BETWEEN THE CITY OF PALO ALTO AND PUBLIC SAFETY SYSTEMS, INC. IN THE AMOUNT OF $255,250 FOR SOFTWARE APPLICATIONS AND ENHANCEMENTS OF PUBLIC SAFETY COMPUTER SYSTEMS RECOMMENDATION Staff recommends that Council execute a contract with Public Safety Systems, Inc. (PSSI) in an amount not to exceed $255,250 for installation and integration of a new mobile data software application and software enhancements of the Police Departments Mobile Data Computer (MDC), Computer Aided Dispatch (CAD) and Records Management systems (RMS). BACKGROUND As part of the FY 2000-01 budget process, Council approved $250,000 for CIP PD-99013, Police Records Management and a contract agreement was issued to PSSI for Phase 1 of a multi-year, phased RMS project. A total of $63,200 of that CIP was used for the purchase and installation of.the basic software application. The remaining funds ($186,800) were carried over and added to Citizens for Public Safety (COPS) funds in the amount of $276,435 that were received from the State for Phase 2 of the project. In October 2002, City Council authorized the Police Department (CMR 379:02) to execute a contract (#C3148962) with PSSI to complete Phase 2 of the project which included procurement of new hardware, an CMR: 383:03 Page I of 5 upgrade to a new Win2000 operating system and software enhancements to improve the functionality of Police and Fire’s CAD and RMS. Phase 3, consisting of the implementation of essential features critical to the integration of internal and external law enforcement systems and databases, was anticipated but not included in the original agreement because the complete scope of work for the final phase had not yet been fully developed. The City did retain the right in the initial and Phase 2 contract to proceed with Phase 3 upon mutual agreement with PSSI on the scope of work, functionality requirements, design specifications and corresponding costs. Last fiscal year, the Police Department received $25,000 from the California Law Enforcement Equipment Program (CLEEP) for professional services to develop the ability to electronically display, in real time, critical incidents and deployed resources on a map utilizing integrated data from the City’s 9-1-1 system, CAD and the Geographical Information System (GIS). This work will be completed by PSSI as part of the Tier 2 upgrade to the CAD Geo-Server. These funds, and funds already approved in CIP’s PD-99013, FD-93012 and monies received from the State of California 9~1-1 Program will be utilized to fund Phase 3. No new monies are required. (See Resource Impact Section for funding matrix). If approved by Council, this contract amendment will complete the final phase in a multi-phased public safety computer system project. DISCUSSION Staff has worked closely with PSSI during the past several years to make improvements and modifications that would maximize the overall efficiency of both the CAD and RMS systems. As experienced users of these applications, staff now has the technical and operational expertise to determine what changes are required to optimize the efficiency of these systems. As an off-the-shelf product, modifications made to the system must benefit all public safety agencies using PSSI’s CAD and!0r RMS systems. Although the software does make some provision for custom enhancements, staff has decided to limit those customizations to only those that are critical to emergency operations such as ¯ communication with local law enforcement databases. By doing this, the City. avoids the high cost associated with upgrading the system and can take advantage of new innovations or refinements to the original software without incurring the cost of redoing all the programming. With this approach, the valuable life of these critical public safety systems can besignificantly extended. The Police Department anticipates retaining both the CAD and RMS systems well beyond the otherwise traditional three to five year replacement life of computer technology. CMR: 383:03 Page 2 of 5 Through integration of the City’s GIS and CAD systems, the final phase of this project, the City will be able to provide a map display in the Dispatch Center to assist dispatchers in locating a wireless 9-1-1 caller when the Center beans accepting these calls later this year. Additionally, a visual map display of all committed resources during an emergency will be available for supervisors in the field and/or in the Emergency Operations Center (EOC) during a local or regional disaster. Other noteworthy additions included in this upgrade are the automation of the demographic data collection efforts, automated report writing of police reports in the field by police officers and improved access to all public safety systems and databases with the installation of new PSSI mobile, data software applications. Also included as part of Phase 3 of the project, is replacement of the Police Department Traffic Master MDC software application. A software product that is more than 10 years old and because of limitations in the software, it no longer meets the needs of public safety. Planned changes include the acquisition of new MDC software applications: PSSI’s In-Field software that will provide field access to confidential and critical CAD and RMS information, track resources, provide law enforcement database access and messaging capabilities for police officers while on patrol. By completing the final phase of work as defined in this new agreement and by procuring both the Tier 2 Geo-Serve and MDC application and software enhancements, the Police Department will have effectively streamlined and optimized all of its public safety computer systems. By leveraNng these systems, public safety technology will now operate at its optimum efficiency and can be leveraged for furore years as a quality law enforcement tool and a repository for secure public safety and public information. Sole Source Sole source justification for this work has been provided in Exhibit A2B of the contract. The individual tasks and responsibilities for each of the Phase 3 objectives of the CAD projects are also detailed in Exhibit A2B of the contract. The tasks and responsibilities for work completed in Phase 2 of the project have been provided in Exhibit A2A of the proposed contract for reference. RESOURCE IMPACT The attached BAO requests an appropriation of expenses in the amount of $88,596 to CIP Project PD-02017, Public Safer3’ Mobile Data Computer Replacement. CMR: 383:03 Page 3 of 5 This BAO has no impact on the Budget Stabilization Reserve and no future year General Fund ongoing costs are anticipated. The following is a break down of the funding for the entire project: Phase Year Amount Source of Funds Phase 1 FY 2000-0I $63,200 CIP PD-99013 -Police Records Management Phase 2 ......FY 2002-03 ......... Phase 3 FY 2003’04 Total $186,800 $276,435 $75,000 $23,166 $25,000 $88,596 $44,123 $755,320 System CIP PD-99013 COPS CIP PD-02017 CIP FD-93012 CLEEP COPS REAPPROPRIATION TO CIP PD-02017 State 9-1-1 Wireless Progam POLICY IMPLICATIONS This agreement is consistent with existing City policy. ENVIRONMENTAL REQUIRED This is not a project under the California Environmental Quality Act (CEQA) and environmental review is not required. Attachments Attachment A: Attachment B: Attachment C: Attachment D: Sole Source Justification Budget Amendment Ordinance Proposed Contract and Exhibits Original Contract #C3148962, November 27, 2002 CM.R: 383:03 Page 4 of 5 PREPARED BY: DEPARTMENT HEAD: SHERYL A. CONTOIS Coordinator, Police Technical Services Chief of Police CITY MANAGER APPROVALS" EMILY HARRISON Assistant City Manager CMR: 383:03 Page 5 of 5 Attachment A SOLE SOLACE JUSTIFICATION The Palo Alto Police Department currently utilizes Public Safety Systems, Inc. (PSSI) for its critical public safety computer systems - Computer Aided Dispatch (CAD) and Records Management System (RMS) systems. The original purchase of the CAD system in 1998 was done following a national search and a competitive bid process. Upon successful completion of that process, the contract (C8099680) was approved by City Council (CMR 186:98) and awarded to PSSI. On October 21, 2002, the City Council approved Phase 2 of the project; the contract (C3148962) was awarded on November 27, 2002. The City of Palo Alto, under a sole source purchase in 1999, acquired PSSI’s ICIS RMS application software and associated custom interfaces to various law enforcement database systems from PSSI. After thorough research and careful evaluation by City Staff, PSSI’s RMS product most closely met the needs of the department. The vendor provided competitive pricing and by purchasing the RMS software from PSSI, the City was able to ensure the systems were compatible and would easily share information and communicate with each other without having to pay the high costs for custom interfaces between a third party RMS vendor and PSSI’s CAD software to make the systems work in tandem. The RMS contract (C9113077) was awarded to PSSI. The sole source justification is part of Contract No. C9113077. The City of Palo Alto staff have worked closely with PSSI to evaluate the current system and make adjustments and request quotations for enhancements critical to the system’s operation. The enhancements and acquisition of new software being proposed as part of this project completed the final phase of the project, leverages the existing public safety technology and ensures efficient and effective communication links are in-place for public safety personnel for years to come. The software covered under these agreements is covered under proprietary license; no other vendors can make modifications or additions to the software. All links (interfaces) with third-party software applications are accomplished utilizing custom interfaces provided by PSSI. Based on these reasons, sole source purchase is justified and is in the best interest of the City from a financial and operational perspective. ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 2003 -04 TO PROVIDE AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $88,596 TO CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT PD 02017, PUBLIC SAFETY MOBILE DATA COMPUTER SYSTEM, TO REALLOCATE $88,596 OF FUNDS FROM CITIZENS FOR PUBLIC SAFETY (COPS) SECTION !. The City Council of the City of Palo Alto finds and determines as follows: A. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Pa!o Alto, the Council on June 16, 2003 did adopt a budget for fiscal year 2003-04; and B. In fiscal years 1999-00, 2000-01, and 2001-02, the Police Department received allocations totaling $88,596 from the State of California COPS program for use in purchasing technology to enhance its public safety operations and to provide a foundation for sharing information with other law enforcement agencies as part of a data integration/interoperability efforts; and C. The monies will be used for software applications, enhancements of the Police Departments Computer Aided Dispatch (CAD), Police Records Management (RMS) and Mobile Data Computer (MDC) Systems; and D. The budget needs to be amended to transfer $88,596 from the Law Enforcement Services Fund to CIP P~02017, Public Safety Mobile Data Computer Project; and E. This transfer of previously appropriated funds is a o~ime event and no future year General Fund ongoing costs are anticipated; and F. City Counci! authorization is needed to amend the 2003-04 budget as hereinafter set forth. SECTION 2 . The sum of Eighty -Eight Thousand Five Hundred Ninety-Six Dollars ($88,596) is hereby appropriated to Capital Improvement Project Number PD-02017. SECTION 3. The above transaction wi!l have no impact on the Genera! Fund Budget Stabilization Reserve. SECTION 4. As specified in Section 2.28.080(a) of the Pa!o Alto Municipal Code, a twethirds vote of the City Council is required to adopt this ordinance. SECTION 5. The Council of the City of Palo Alto hereby finds that this is not a project under the California Environmenta! Quality Act and, therefore, no environmental impact assessment is necessary. SECTION 6. As provided in Section 2.04.350 of the Palo Alto Municipal Code, this ordnance shal! become effective upon adoption. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST:APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Manager City Attorney Director of Administrative Services Director of Police ATTACHMENT C AMENDMENT NO. ONE TO AGREEMENT NO. BETWEEN THE CITY OF PALO ALTO AND PUBLIC SAFETY SYSTEMS, INC. This Amendment No. One to Agreement No. (~Agreement") is entered into , by and between the CITY OF PALO ALTO (~CITY"), and PUBLIC SAFETY SYSTEMS, INC., a duly organized Virginia corporation, with offices at 4401 Nico!e Drive, Lanham, Maryland 20706 ("PSSi"). RECITALS: WHEREAS, the Agreement was entered into between the parties for purchase of licensed software and support services for the City’s automated law enforcement records management program ("the 1999 Agreement"). The Agreement contemplated that nhe services would be performed in three phases. The 1999 Agreement covered services in Phase I; and WHEREAS, because the 1999 Agreement had expired, the entered ~ ~=n~o a second Agreement in October, 2002 (the "2002 Agreem~..t ) 9o~ Phase 2 services; and WHEBZAS, the pattie@ wish to amend the 2002 Ag__em_nu to include software enhancement services under Phase 2 and to add Phase 3 services; NOW, THEP~FOPd~, in consideration of the covenants, terms, conditions, and provisions of th~s ~menctment, the parties ag~: Ss~T=ON Section 3 =~÷~=~ "~vm<~7ON" is hereby amended, co read as follows: Phase 2: in consideration of the ful! performance of the installazion, modification and upgrade s=~v~c=~ ..... and =mm:~-__ ~’C=~= ...... salts tax for Phase 2 as set for:h in exhibits "A2A", CiTY w~]~ pay PSSI a nozai sum not zo = ~==~ Two Hundred Forty-Nine Thousand Eight Hundred Dollars (S249,800.00) which shal! include all programming, services and ~-~=~~ ~, ~.=v~ and expenses incurred by PSSI under this agreement. Phase _~ : in consideration of the full m--_=~-~.-~-m=n~" -= of the ins:aliation, modification and upgrade_ _ s~.7.=-~--~_~_s-= and applicable sales ~ax for Phase 3 as set forth in exhibit "A2B" 0307]4 sd! 00~329 (Phase 3), CITY wil! pay PSSi a tota! sum not to exceed Two Hundred Fifty-Five Thousand Two Hundred Fifty Dollars ($255,250.00) which shall include all programming, services, and trave! and expenses incurred by PSSI under this agreement. Total compensation for both Phases 2 and 3 shall not exceed Five Hundred Five Thousand Fifty dollars ($505,050.00). The amount of compensation for Phases 2 and 3 will be calculated on a per task basis in accordance with the Exhibits "A2A" and "A2B", up to the maximum amount set forth in this Section. The fees of any consultants, who have direct contractua! relationships with PSSI, will be approved, in advance, by CITY. CITY reserves une right to refuse payment of such fees, if such prior approva! is not obtained by PSSI. Payment wil! be due and payable within 30 days of acceptance of each task set forth in Exhibits "A2A" and "A2B" for Phases 2 and 3 in accordance with Section 5 of this Agreement. CITY shall be responsible for remitting any applicable sales and use taxes to the appropriate local and tax authorities. ~nu:u=~d "Term; _Amendment=" isSECTION 3. Section 8 = ~=_ hereby amended to read as follows: "8 I The term of this Agreement._ commence on the date of ......=x=~±on of this . ~=t _ CITY,"Ag~emen_ by and snail terminate on June 30, 2004.The par~ies may, by mutual ac~=em=~r, =nt~into subseJuen~ agreements for extended maintenance of the Product. 8 2 The parties may, by mu:u-~ agreement, amen@ tnms A~_~m~n~ to orovi~e for additional ~ -~" ~-~=ftware,or ’n~w~,So services 030714 sd] 0044329 SECTION 4. Section 19. entitled ~Notices" is hereby amended to add that copies of al! notices shal! be sent to nhe Coordinator, Police Technica! Services instead of the Coordinator, Communications Services. SECTION 5. The following exhibits are hereby amended to read as fol!ows: Exhibit ~A2A" includes the Statement of Work for Phase 2, a copy of which is attached hereto and incorporated herein; and Exhibit "A2B, includes the Statement of Work and Costs for Phase 3, a copy of which is attached hereto and inco~orated in ful! by this reference. SECTION 6. Exhibit "B" is hereby amended to include the implementation Schedules for Phase 3, a copy of which is attached hereto and incorporated herein by reference. SECTION 7. Except as herein modified, al! other provisions of nhe Agreement, including any exhibits and subsequent amendmenzs thereto, shal! remain in full force and effect. // // // // // // // // // // // // // 030714 sdl 0044329 IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. ATTEST:CITY OF PALO ALTO City Clerk APPROVED AS TO FORH: Senior Asst. City Attorney APPROVED: Assistant City Manager :recto_ of A~minisnra~ive Services Police Chief Mayor PUBLIC SAFETY SYSTEMS, INC. Name: Lo~ F._ g~nn~k~ Title: President Name : Judy M_ N~nn~k~ Title : gecretarv Taxpayer Identification No. 54-1302472 (Compliance with Corp. Code _6 313 is re~_aired if =he entity on whose behalf this con~racz is signed is a co~ora:ion. in the=:~=~n=~_-" .....~v=_, a certified cormoraze r~soiu:ion a:tes:ing zo :he signatory authority of the individuals simnin= in _=~p .... ve capacities ~s acceptable) Attachments: EXHIBIT "A2A": Statement of Work (Phase 2) EXHIBIT "A2B": Statement of Work (Phase 3) EXHIBIT "B": implementation Schedule Phase 3) 030714 sd} 0044329 COUNTY OF ) ) On ~M!.~ 2d, ~0~ , before me, the undersigned, a notary public in and for said County, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Nota.y Pub~Y~c 030714 sdl 00Z4329 CERTIFICATION OF NONDISCRIMINATION SECTION 410 Certification of Nondiscrimination As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below hereby certify: a)that they are currently in compliance with all federal and state of California laws covedng nondiscrimination in employment; and b) that, if awarded the contract, the proposer will not discriminate in employment of any. person under the contract because of race, color, national odgin or ancestry, religion, disability, gender or marital status of such person. THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. Firm: Public Safety Systems Incorporated Signature: Name: Louis E. Henneke (PRINT OR TYPE NAME) Name:Judy M. Henneke (PRINT OR TYPE NAME) Note:Califomia Corporations Code Section 313 requires two corporate officers to execute contracts. *The signature of First Officer* must be one of the foflowing: Chairman of the Board; President; or Vice President. **The signature of the Second Officer** must be one of the following: Secretary; Assistant Secretary; Chief Financial Officer, or Assistant Treasurer. (In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) PSSI Contract PAGE 1 OF 1 Exhibit A2A CAD/RMS Software Enhancements SCOPE OF WORK PSSI and the City have completed sessions, which evaluated the specific needs of this Phase (2) of the project. These discussions included dispatch algorithms, flag settings and other issues that are specific to the external interface requirements. PSSI.technical staff assigned to the project will be~n preparation of custom (as required) software and/or modifications to the base software application necessary to implement the external interfaces as defined in the design review sessions. Much of the software preparation will be conducted in the PSSI home office. As required, PSSI technical personnel will be present on site at the City of Palo Alto to perform the modifications necessary to implement the functionality defined during the design review sessions. This phase of the project includes. pro~amming modifications for the RESPONSE CAD and/or ICIS RMS systems. Dependent upon the actual project implementation schedule, some work may run in parallel or back-to- back as part of a phased-implementation approach. At the conclusion of this phase of the project, the new interfaces, enhanced or modified software will be ready for testing and training. All work conducted on site in the City of Palo Alto will be tested to ensure functionality while PSSI technical staff are available. Each of the enhancements, modifications and/or software changes to either the RESPONSE CAD and/or ICIS systems are detailed below. Phase 2A Enhancements - Task Description TASK 1: PSSI will make modifications to RESPONSE CAD system and software to provide a standard interface to the Zetron Model 6/26 Fire Station Alerting System. Project work to be timed with installation of new alerting system. TASK 2: PSSI will make CAD RESPONSE system modifications to allow for GEOFILE update conversion processes that the City could run on a reoccurring basis. This modification will allow for bulk update to the RESPONSE CAD Geo-file from City provided GIS data files. PSSI provided City with file formats in which the GIS data is to be provided. TASK 3: PSSI will make system modifications to its RESPONSE CAD that will up~ade the existing telecommunications/SLETS interface. PSSI will install a TCP/~P interface to SLETS. Timing for this project will be based on a TCP/IP upgrade at the Santa Clara County Sheriff’s Office (that project is currently underway). PSSI has been provided all technical documentation regarding this protocol change. TASK 4: PSSI to make modifications and customizations to ICIS RMS Case Management Module - design review for functionality requirements include changes in pre-agreed upon fields, flag settings, automatic update capability, and protected field. Fixed Pricing $29,000 $6,000 $22,000 $7,500 Scope of Work/Tasks Page 1 of 2 TASK 5: PSSI will make customizations and modifications to the existing ICIS RMS Warrant Module to allow for direct filing of WPS (Wanted Persons System) filings and, as required, other law enforcement telecommunications databases and make other customizations to the software that automate this process and eliminate redundant data entry by police staff. $20,000 Scope of Work/Tasks Page 2 of 2 Phase 2 SCOPE OEWORK UPGRADE TO NEW NT/WIN2000 OPERATING SYSTEM TIER 1 GEO-SERVER SYSTEM Exhibit A2A PSSI and the City has completed discussions and evaluated the specific needs for an upgrade from the current MPE operating environment to an NT/Win2000 based operating system. The City reviewed, in detail, the quotation submitted by PSSI and discussed implementation issues and/or modifications that will be required. Conversion to this new operating system will streamline administrative and maintenance functions and will provide enhance the overall effectiveness of the CAD and RMS systems. The City will purchase and make available to PSSI three (3) Hewlett Packard LC2000r Servers. They will be configured by City staff under consultation with PSSI and in accordance with PSSI specifications. The City will ensure that the Server’s meet the minimum specifications provided by PSSI. The City will ship the 3 configured LC2000r Servers to PSSI for preparation - shipping charges to be paid by City. PSSI technical personnel will be present on site at the City of Palo Alto to install the new NT/Win2000 operating system and will work in tandem with the City to test the new operating system to ensure that the system performance of both the RESPONSE CAD and ICIS RiMS systems is not degraded. At the conclusion of this phase of the operating system upgrade, all custom interfaces, enhanced or modified software will be tested testing and training. All work conducted on site in the City of Palo Alto wilt be tested to ensure functionality whilePSSI technical staff are available. Operating System and Tier 1 Geo-Server Upgrade ~I Fixed PricingWin2000/NT | TASK 1 - Hardware (to be provided by PSSI): Server Staging, Configuration and Testing; Interface Server w/8 serial port expansion board, Upgraded Redundancy Fail $21,800 Over Switch ....I Response NT Software: RESPONSE NT/2000 License Upgrade; SLETS PIC, C.~d3 TCP/IP interface upgrade; CAD to ICIS transfer Interface Upgrade (ODBC Version); CAD to EMBRS transfer Interface Upgrade (ODBC Version); Fire Station Printers Subsystem NT Upgrade; SunPro PIC CAD TCP/IP Interface Upgrade Software Services: CAD Data Conversion; Project Management, Travel, Installation and Training of City Staff TASK 2 - Tier 1 Geo-Server System - PSSI to provide geo-server system to support a mapping environment in the CAD RESPONSE system. Project include: RESPONSE GeoServer Software, Address Verification, Open API, ICIS V2.3 and future version integration, data conversion, project installation, management, travel and expenses. Total Phase 2A Costs $65,000 $33,600 $44,900 $165,300 Phase A2A Scope of Work/Tasks Page 1 of 1 Exhibit A2A Public Safety Systems, Inc. Phases 2A and 2B Project Schedule PRO~CT PHASE/TASK Phase 2A NT Upgrade/Geo-Server City to Ship Configured Servers to PSSI for Preparation Server StaNng, Preparation and Configuration (PSS1) N-T/Software Enhancements Loaded V2.4 (PSSI) Installation and Services of NT System Final Testing / Cutover Phase 2A Tier 1 Geo-Server System Meetings with City/’PSSI (onsite) GIS requirements Installation and Testing (PSSI onsite) Phase DATE 10/30/02 11-12//02 12/02--01/03 01/03-02/03 02-03/03 12/02-1/03 2/03-3/03 2B Software Enhancements (PSSI Onsite) Task 1 - Zetron 6/26 Station Alerting Task 4 - ICIS Version 2.4 Installation / Case Management Module Changes 02-03/03 Task 2 - Geo-File Conversion Process 03-04/03 Task 3 - SLETS TCP/IP Upgrade 03-04/03 Task 5 - Warrants Module 05-06/03 12/30/02 Any schedule changes for Project/Task Start!End dates are subject to change based on a Phased Implementation Strategy. Based on the availability of PSSI technical personnel, some project tasks may be completed earlier than the dates listed above. ,N1 schedule changes will be made by verbal agreement between the City and PSSI. Exhibit A2B GeoServer Tier 2 Upgrade Public Safety Systems Incorporated ResponseTM GeoServer Sub-System Software 1 0 1 i S -. Tier 1 - Address Verification Open AP!, ICIS V2.3 integration iOptions: I Tier 2 - Verification time resolution of Reporting Districts via $ Active Mapping layers Tier 3 - Mapping Maintenance Software $ Geographic Maintenance of Street Centedine, Intersections, Landmarks (commonplace), and Reporting District (Police & Fire) layers ’Project Management]lnstallatiorv’Trainino (Tier 2 Upgrade)$ HP3000 to SQLServer Database conversion (Tier 1 )$ ;Tier 2 or Tier 3 data conversion from GIS data $ (Repetitive Import Utility) Total GeoServer Software i GeoServer (Annual Costs) 30,000.00 17,500.00 22,500.00 5,000.00 2,400.00 10,000.00 17,500.00 ¯ 5,000.00 10,000.00 32,500.00 Tier 1 $6,500.00 Tier 2 (Includes Tier 1 )S 8,000.00 Tier 3 (Includes Tires 1 &2)S 10,000.00 API application development support*$6,500.00 "API support consists of telephone / email support Mon - Fr~ between the hours 6f 9-5 EST/EDT GeoServer Pricing EXttIBIT A2B STATEMENT OF WORK Palo Alto Police Department Mobile Data Software Project e 2.1. 2.1.1. 2.1.2. 2.1.3. 2.1.6. 2.1.7. Introduction This Statement of Work outlines the materials and services that PSSI will provide to the Palo Alto Police Department as part of the mobile data communications system. PSSI’s Responsibilities PttASE I - IN FIELD MESSAGING MOBILE DATA SOFTWARE Install Mobile Communications software to enhance current Palo Alto Mobile Data Computer (M])C) functionality over a combined Radio Frequency (RF) and Cellular DiNtal Packet Data (CDPD) or other wireless communications network. This Mobile CAD Messaging Client Software is referred to as In-Field. All systems will function as defined in design sessions conducted with Palo Alto Staff and other PSSI user’s during previously scheduled sessions and has been mutually agreed upon. Coordinate and participate in a Project Kick-Off meeting and subsequent status meetings and/or conference calls as needed with the City of Palo Alto and, as required, Padcom. Provide an electronic format of all documentation for In’Field software. Provide User training in "Train the Trainer" format for the Police Department on the use of the In-Field Mobile Communications software - including Administrative functionality. PSSI will work with PADCOM to ensure seamless operation of its Mobile Data software over both the RF network and wireless CDPD network. Provide documentation and any training of any required maintenance activities, such as system backup. TESTING ANrD VERIFICATION Verify the mobile communications software performs all existing Palo Alto CAD functions during an on-site visit. This includes, but is not limited to, status changes, forms, and car-to-car messaging. Mobile Data Computer Project Statement of Work Page 1 of 4 EXHIBIT A2B. 2.2.2. 2.2.5. 2.3. 2.3.1. 2.3.2. 3.1. 3.1.1. Perform an Acceptance Test on a single Panasonic CF-27 and CF-28 mobile computer terminal with a Sierra Wireless MP200 series modem pre-programmed to operate on the City of Palo Alto’s CDPD network. Participate in joint testing with hardware and software vendors (Padcom) Verify the operation of the system via on-site testing of: 2.2.4.1. 2.2.4.2. 2.2.4.3. Inbound/outbound messaging Connection to PSSI CAD systems Message-based interface to a Palo Alto server PARTICnaATE IN EQUIPMENT AND MATERIALS Provide a documentation package for the customer system. For the Mobile Data In- Field software, this package will include User’s Documentation and any supporting documentation. Provide the following hardware and software (attached quotation): 2.3.2.1. 2.3.2.2. 2.3.2.3. 2.3.2.4. 2.3.2.5. 2.3.2.6. 2.3.2.7. 2.3.2.8. Mobile Message Switch Hardware Mobile Data Computer Message Switch Software TCP/IP (75 licenses) RESPONSE CAD Interface Mobile to Mobile ICIS RMS Interface Module to Mobile Parallel Interface Option (PSSI Mobile w/WDC Interface) Custom Software Enhancements RESPONSE In-Field CAD/NCIC Software (50 licenses) RESPONSE In-Field Fire CAD Client Software (15 licenses) TRAINING Provide four hours of training at the Customer’s location on the Mobile Data System. Training will be in a "Train the Trainer" format and will include hands-on hardware training. The following subjects will be covered during classroom training: 2.4.1.1. 2.4.1.2. 2.4.1.3. 2.4.1.4. System Hardware Overview System Operation Overview System Setup, Operation, and Maintenance Trouble Shooting City’s Responsibilities PHASE 1 Provide system documentation of current mobile radio/CAD system including: Mobile Data Computer Project Statement of Work Page 2 of 4 EXHIBIT A2B 3.1.2. 3.1.3. 3.2. 3.1.1.1. 3.1.1.2. 3.1.1.3. System diagrams Component descriptions, e.g., CDPD Frame Relay Documentation of existing systems as required by PSSI Provide on-site support for networking and other questions related to current functionality of the customer’s existing system. Participate in a thorough specification and design session for the In-Field phase (Phase 1I) of the project. Provide final specifications of functionality, field-by-field as defined by the City’s Police and Fire Departments. Provide specifications of desired output forms. EQUIPMENT AND MATERIALS 3.2.1.1.Provide the following server site hardware: HP Net Server LC2000r - P3 866 133FSB M1 HP 256MB RAM 133MHz ECC SDRAM DIMM HP NetRAID-3Si Disk Array Controller 3 I-[P 9.1GB Hot swap Wide Ultra2 SCSI Disk HP Sure Store DLT40i 40GB Internal DLT Veritas Backup Exec Server with IDR and SQL agents Windows 2000 Server SQL 2000 Server 3.2.1.2. 3.2.1.3. 3.2.1.4. Pre-configured CDPD (wireless Router) PADCOM Hardware / Software Mobile Client Generic Devices with minimum Pentium [I & Windows 2000, 128 MB RAM, 2+ G HD, CD-ROM, Padcom Connectivity Suite supported Wireless Network Interface Card 3.3. 3.3.1. 3.3.2. 3.3.3. 3.3.4. CUSTOMER SITE PREPARATION Provide PSSI with valid IP address assigned to the CDPD router. Procure a CDPD account through City’s preferred vendor. Provide a baseline functionality checklist for the In-Field system, including forms and status commands. This will be the basis for acceptance after cut over to the new Mobile Data system. The City shall not alter or make additions to today’s CAD functionality as it relates to this project during the implementation process unless coordinated with PSSI staff. Any altercations may delay the project cut over date. Mobile Data Computer Project Statement of Work Page 3 of 4 3.3.5. EXHIBIT A2B Provide personnel for the distribution of software to the vehicle fleet for any software releases. Provide a suitable instruction area for the training classes equipped with an overhead projector and a dry-erase whiteboard for the duration of the training. Provide access to the Communications Equipment Room during the training sessions. Provide access to the required number of Panasonic CF-27 or 28 MDC systems. By: Ed Kossa Director of Operations PSSI By:. Sheryl A. Contois Coordinator, Police Technical Ser~,ices Palo Alto Police Department Mobile Data Computer Project Statement of Work Page 4 of 4 Exhibit A2B PSSI RESPONSE Mobile IN-Field Public Safer), Systems Incorporated ResponseM0bile IN,FIELD Mobile Data/Field Reporting Software Sewer Applications~nterfaces/Software 1 1 0 1 0 1 0 1 1 Mobile Data Computer Message Switch Software (PSSI) *TCP/IP Communications (25 Unit License) Upgrade to 100 Users Upgrade to 200 Users I RESPONSETM CAD Interface Module to Mobile CAD Mobile I/F Upgrade Discount i ICISTM RMS Interface Module to Mobile ~ $ PSSI User Group Discount l ’.Parallel Interface Option (PSSI Mobile w/WDC I/F)i $ I Custom Software Modifications S ~,Project Management/Installation ~. $ ~Mobile Message Switch Hardware $ Application Software Subtotal l 30,000.00 15,000.00 15,000.00 15,000.00 15,000.00 10,500.00 12,750.00 7,800.00 $ $ 30,000.00 15,000.00 15,000.00 (15,000.00) (6,750.00 $10,500.00 $ $12,750.00 $7,800.00 $69,300.00 50 i RESPONSETM IN-FIELD CAD/NCIC Client Software* 0 ’,RESPONSETM IN-FIELD Client Mapping Software 0 !ICISTM IN-FORM Mobile Field Reporting Client Software* "Mobile Client Pricing includes all current discounts (calculated unit cost based on volume) CAD Client (1-25 Licenses) - $1000/unit (26-50 Licenses) - $600/unit (51-100 Licenses) - $400/unit (101+ Licenses)- $200/unit ICIS/FR Client (1-25 Licenses) - $1250/unit (26-50 Licenses) - $850/unit (51-100 Licenses) - $500iunit (101+ Licenses) - $200/unit $800.00 $40,000.00 PSSI User Group Discount 300.00 1,050.00 $ $ (6,000.00) Police Client Software Subtotal s 34,000.00 Response In-Field Pricing Exhibit A2B PSS! RESPONSE Mobile IN-Field 1,000.00 i$15,000.00 300.00 $ 1,250.00 $ 15 i RESPONSETM IN-FIELD Fire CAD Client Software* 0 i Mapping Client Software 0 t EMBRSTM Mobile Field Reporting Client Software PS$1 User Group Discount $(2,250.00 Fire Client Software Subtotal S 12,750.00 Total Mobile Base System Price s 116,o5o.oo Response In-Field Pricing Exhibit A2B PSSI RESPONSE Mobile IN-Form Public Safety Systems Incorporated Response IVIobile IN-FORM Upgrade Mobile Data/Field Reporting Software Server Applications/Interfaces/Software 0 Mobile Data Computer Message Switch Software (P$SI) *TCP/IP Communications (25 Unit License) 0 i Upgrade to 100 Users 0 !Upgrade to 200 Users 0 !RESPONSETM CAD Interface Module to Mobile 1 1 1 $ $ CAD Mobile I/F Upgrade Discount’~ i lCISTM RMS Interface Module to Mobile I $ PSSI User Group Discounti :Custom Software Modifications (by Mutual Agreement)i $ i Project Management/Installation ’. $ Application Software Subtotali 30,000.00 i$ 15,000.00 i $ 15,000.00 i$ 15,000.00!$ =$ 15,0oo.oo15 ~$ 20,000.00 iS 12,750.00 i $ 15,000.00 (2,250.00) 20,000.00 12,750.00 45,500.00 0 iRESPONSETM IN-FIELD CAD/NCIC Client Software* 0 RESPONSETM IN-FIELD Client Mapping Software 5______0 !ICI~STM IN-FORM Mobile Field Reporting Client Software* *Mobile Client Pricing includes all current discounts (calculated unit cost based on volume) CAD Client (1-25 Licenses) - $1000/unit (26-50 Ucenses) - $600/unit (51-100 Licenses) - $400/unit (101+ Licenses) - $200/unit ICIS/FR Client (1-25 Licenses) - $1250/unit (26°50 Licenses) - $850/unit (51o100 Licenses) - $500/unit (101+ Licenses) - $200/unit PSSI User Group Discounti Police Client Software Subtotal $ $ $ 800.00 300.00 1,050.00 52,500°00 (7,875.00 44,625.00 Response I~FORM Pricing Exhibit A2B PSSI RESPONSE Mobile IN-Form 0 I RESPONSETM IN-FIELD Fire CAD Client Software* 0 ’,Mapping Cl!ent Software 0 !EMBRSTM Mobile Field Reporting Client Software $ $ $ 1,000.00 300.00 1,250.00 $ $ S PSSI User Group Discounti Fire Client Software Subtotal l Total Mobile Base System Price $ $ 90,125.00 Response IN-FORM Pricing Exhibit B Public Safety Systems, Inc. Project Schedule PRO~ECT PHASE/TASK DATE Phase 2A NT Upgrade/Geo-Server City to Ship Configured Servers to PSSI for Preparation Server Sta~ng, Preparation and Configuration (PSSI) NT/Software Enhancements Loaded V2.4 (PSSI) Installation and Services of NT System Final Testing / Cutover Completed Completed Completed Completed Completed Phase 2A Tier 1 Geo-Server System Meetings with City/PSSI (onsite) GIS requirements Installation and Testing (PSSI onsite) Completed Completed Phase 2B Software Enhancements (PSSI Onsite) Task 1 - Zetron 6/26 Station Alerting Task 4 - ICIS Version 2.4 Installation / Case Management Module Changes Completed Task 2 - Geo-File Conversion Process 09/2003 Task 3 - SLETS TCP/IP Upgrade 10/2003 Task 5 - Warrants Module 12/2003 Completed Phase 3A - Geo Server Upgrade from Tier 1 to Tier 2 ~ Meetings with City/PSSI (onsite) GIS requirements 07-09/2003 )- Installation and Services 09/2003 ~ Final Testing / Cutover (PSSI Onsite)09/2003 Phase 3B - Mobile Data Software > Pre-testing of In-Field Mobile Data Application 07-08/2003 PSSI Onsite Load In-Field Application 09/30/2003 > Testing Interface with Padcom and City of Palo Alto 09/30/2003 ,- Final Testing of Product 09/30/2003 ~ Parallel Systems Running 09/30/2003 ~-- Cutover to New System !0/2003 > Final Design Discussions w/PSSI & Other In-Form Users 4/2004 > Preliminary testing of In-Form Mobile Data Application 5/2004 ~ ICIS Integration Testing 5/2004 ~ Cutover 6/2004 Any schedule changes for Project/Task Start!End dates are subject to change based on a Phased Implementation Strategy. Based on the availability of PSSI technical personnel, some project tasks may be completed earlier than the dates listed above. All schedule changes will be made by verbal agreement between the City and PSSI. AGREEMENT BET~EENTHE CITY OF PALOALTO AND PUBLIC SAFETY SYSTEMS, INC. FOR PURCHASE OF LICENSED SOFT~ARE AND SUPPORT SERVICES THIS AGREEMENT is made and entered into on the~’rda~o~ 0~T~4~£.,~- 2002, by and between the CITY OF PALO _ALTO, a chart~__ed~° municipal corporation of the State of California ("CITY"),~an~ PUBLIC SAFETY SYSTEMS, INC. a duly organized Virginia corporat~°on~ with offices at ~01__ Nicole Drive, La~_ham, Maryland 20706, T~ I~" Number 54-1302472 ("PSSI"). > RECITALS: A. On April 15, 1999 CITY ~nd PSSI entered into an agreement for purchase of licensed software and support services for the City’s automated law enforcement records management program ("the 1999 Agreement"). The 1999 Agreement provided that the work would be completed in three phases, however, the 1999 Agreement specifically stated that Phases 2 and 3 would not be accomplished as part of that agreement. City retained the right to add Phases 2 and 3 to the contract subject to PSSI’s compliance with Phase ! and the City’s acceptance thereof and a mutua! agreement to complete Phases 2 and 3. B. PSS! has completed Phase ! and the City has now accepted the work performed under the 1999 Agreement. C. CITY wishes to have PSSI ~;perform., and PSSI wishes to merform. , the further services described as Phase 2. Cop_~_~=~ of the scopes of services for Phase 2 are attached hereto as Exhibits :~ =. and Exhibit "A2B". NOW,Tv<~mmo~v.in cons{d=~t~e~of ~ :<.......... , ..........~he=.mutua! the marries hereto agre= as ~o_:ows: SECT!ON !. m~E PRODUCT cTmv shal! purchase from PSSI hardware, licensed so::ware ~ntegrat!on upgrade modifi~, ’’ ,,c=u~on and support services as described on E~nibits "A2A"and ..z= , a~t=c_.ed hereto and incorporated_ herein by ,~e_~nce~== ~=(the "PRODUCT").To ~he extent of _ =~"== sionsany conflict b~n :his ’~== ~ ’A~_~emen~ ~nd ~ny ex~.ibit, the provz of this Agreement shall apply. SECTION 2. DEL!YEP~ CITY shall pay for all delivery charges. Delivery will be made by standard ground transportarion charges unless CITY agrees in writing to a different method of transportation. PSSI wil! handle al! shipping, h~nd!ing ~nd installation of the Product, and shal! coordinate with CITY as to the schedule of de!ive~-_v so as 021024 sdl 0044176 1 tO cause the least possible disruption to CITY’s operations. CITY will be responsible for installing hardware and equipment it is purchasing from sources outside of this agreement. SECTION 3. COMPENSATION Phase 2: In consideration of the full performance of the installation, modification and upgrade services and applicable sales tax for Phase 2 as set forth in exhibits "A2A" ~nd "A2B", CITY will pay PSSI a total sum not to exceed Two Hundred Forty-Nine Thousand Eight Hundred Dollars ($249,800.00) which shall include all programming, services, and travel and expenses incurred by PSSI under this agreement. The amount of compensation for Phase 2 will be calculated on a per task basis in accordance with the~.~_~h~m~-~u~ "A2A"--and "A2B", up to the maximum amount set forth in this Section. The fees of any consultants, who have direct contractua! relationships w~_uh ~SST, wi!] be approved, in advance, by C_,TY C±__~ reserves the right to refuse payment of such fees, if such prior approva! is not obtained by PSSI. Payment will be due and payable within 30 days of acceptance of each task set forth in Exhibits ’~A2A" and "A2B" in accordance with Section 5 of this Agreement. CITY shall be responsible for r~mitting any applicable sales and use taxes to the appropriate !ocal and tax authorities. SECTION 4.SOFT~L~ LICENSE 4.1 PSSi grants to CITY a non-exclusive, non- transferrable license for the software during the te~-m., of this Agreement plus the terms of any agreements for extended maintenance of the =~- =.so:uwar~ CITY shall not sell or transfer any of the software or copies thereof to others. CITY agrees to secure and protect the software and copies thereof from transfer to third parties, and agrees to take appropriate action through instruction with its emp!oyees who are permitted access to each software system or copies thereof, to satisfy its obligations under this Agreement. The license under this Agreement al!ows CITY to: a Use the licensed = ....=¯so:u~a.~ on the e~aipment specifically to designated parties; Copy or translate the licensed software in machine readable or printed form no provide sufficient copies to support CITY’s use of the licensed software, provided PSSI’s proprietary legend is C o ~=~=~ the licensed -: .............. =o:~=_e to a back-up CPU to be used when a designated CPU is temporarfly inoperable; 021024 sdl 0044176 do Modify any customized licensed software program to form an updated work for CITY’s use, provided that: CITY supplies PSSI with b~itten notification of the modification; and ii.The modification is made according to PSSI’s conventions or re_cg!irements. 4.2 CITY will not use or operate the licensed software improperly, carelessly, or in a m~nner contrary to that authorized by this license. SECTION 5.INSTALLATION ~!kID ACCEPTANCE 5.1 Implementation Schedule. General timelines for implementation are described in Exhibit "B" A detailed schedule of tasks ~nd deliverable items, which outlines the time ~nd mam~er in which the transactions contemplated by this Agreement are to be performed, shal! be discussed with CITY in separate meetings and committed to a written document ("Implementation Schedule"), which shal! be inco_~porated as part of this Agreement. PSSI agrees to adhere to the requirements of the agreed upon Implementation Schedule in all respects. If PSSI fails to a~here to the Implementation Schedule, .provided such failure is not caused b~ CITY, CITY shall have the options set forth as follows, subject to the notice and other requirements thereof: The delivery of the software and installation, modification and upgrade services shal! be perfo_~med ~nd completed in accordance with the agreed upon Implementation Schedule and the -_ns~a!!=~lon date orprovisions of this Agreement. T~ a scheduled milestone as set forth in such schedule, or, in any subsequent Implementation Schedule, developed by the parties or otherwise agreed to by_ the par~e=~" -, sha]~__ be incapable of being met, PSSI shal! give at least seven (7) days nozice prior thereto, unless PSSI shal! not ~now that a delay will occur, then immediately upon obtaining such ~now!edme, to CITY of ~h_~.e existence of such delay, and the proposed actual performance date. Upon receipt of such notice and provided the delay is not caused by CITY, CITY may counter-notify PSSI that unless such delay is cured and scheduled installation made within twenty-one (21) days after such counter notice, C!TY may exercise the options afforded it as described in Subsection 5.3 be!ow. 5.2 Acceptance Test. The parties agree that acceptance of the sofZware and any modifications or upgrades made pursuant to E~nibits ~A2B" and "A2B" shall be a demonstration, to the CITY’s satisfaction, that the Products perfo._~m_, individually and as a ~ino!e, in accordance wi:h their published specifications, including, but not limited to, specifications as referenced in ~_ibits "A2A" ~nd ~A2B", and are able to perfo_~m substantially the function for which they are intended. (The "Acceptance Cri=eria") 021024 sdl 0044176 Said demonstration shall be completed within ten (i0) business days of completion of each task.. 5.3 Acceptance or Rejection. Acceptance shall not occur until each task described on Exhibits ~A2A" and ~A2B" has adequately passed the acceptance test set forth in the preceding subsection 5.2 and CITY ~has received al! of the de!iverables associated with this purchase and license. CITY shall notify PSSI in writing iramediately upon completion of the final software acceptance test. The payment associated with each task acceptance due from CITY will be due and payable as set forth in Section 3 upon satisfactory completion of the acceptance test and receipt of all deliverables. If PSSI fails to provide software or other deliverabies meeting City re_quirements within the time lines set forth in this Agreement, or, if the software or modifications or upgrades do not f~nction in a manner that is acceptable to CITY in the no_~ma! daily operating environment within the acceptance test period, CITY shal! have the option, upon notice to PSSI, to: a. Cancel this Agreement, whereupon, PSSI shall return to CITY al! sums heretofore paid by CITY and CITY shall have no further obligations thereunder, in which event PSSI shall be entitled to return of any software and any documentation therefore delivered to CITY; or or bo Accept the Product at its then level of performance; c. Permit the acceptance phase to be extended for such period as agreed upon by CITY in writing; or d. Accept those portions of the Product which pass the acceptance criteria and require PSSI to correct the remaining portions, in which event CITY shall not be liable for an?- pa_vments for such remaining portions until they have passed the acceptance tests; or e. Pursue such remedies as may be available to CITY at law or in equity. Acceptance of the Pro~act by the CiTY wil! not release PSSI from the requirements of correcting software defects in accordance wi~h the te_~ms of the warranties and maintenance requirements set ~o~h herein. 6.1 PSSi warrants that it has the right to grant the software__~-:~ens=_ ~ described in ~ ’~:~_~s _.__~c~e=m=n~_ .... and ~a._~ the software is delivered and installed free of any claim of pa:ent, trademark sha== defend, at ~ ~s ezcp_ense, anyor copyright infringe-ment. PSSI ~ ~_ action brought against CITY to the exten~ based on a claim that the use of the Product, w~-tnmn the scope o: ~s Ag~me~_,~, 021024 sdl 0044176 any United States patent, trade secret or copyright or any intellectual property right granted by the State of California, and PSSI shall indemnify CITY from any costs, damages and fees finally awarded against CITY in such action which are attributable to such claim; provided that CITY notifies PSSI promptly in writing of the claim, permits PSSI to defend or settle the claim and provides al! available information, reasonable assistance and authority to enable PSSI to do so, provided PSSI reimburses CITY for such activity. CITY shal! have no authority to settle any claim on behalf of PSSI. PSSI shall have no liability for any claim of patent, trade secret or copyright infringement based on the (i) use of other than the then-latest version of the Product from PSSI, if such infringement could have been avoided by the use of the latest version made available to CITY, but CITY, with knowledge of actual or possible infringement, chose to retain the prior version; or (if) use or combination of the equipment with software, hardware, or other materials not provided by PSSI, unless such use has been agreed to by PSSI and then only to the extent that such liability is based on the Products supplied by PSSI and not for any such liability as may relate to such other products. PSSI warrants that during the warranty period, for a period of one year from CITY’s acceptance, the Product wil! operate according to the Acceptance Criteria. If it is determined that the Product does not operate according to such specifications, PSSI shal!, without further charge or cost to CITY, provide such additional or substitute Product or modification of whatever kind as is necessary to the Product in order to meet the Acceptance Criteria, or CITY may exercise whatever options are set forth in Section 5 (within the acceptance period), at CITY’s sole option. 6.2 PSSI warrants that the Product shall meet or exceed the Acceptance Criteria during the warranty period, and agrees to replace or repair al! defects at no charge during said period, provided it shal! have received reasonable notice of such defects, and provided the damage shal! not have been caused by willfu! act or negligence of CITY’s agents or emp!oyees. .=m± represents and warrants accuracy in the processing of date and date related data (including, but not limited to, calculating, comparing, and sequencing) by al! hardware, software, and firmware products or o<her time sensitive or r=lian~ .... products delivered under u_~s contract or ag.e~m~_.~ individually and in combination, upon installation or use. Fault- uhls data - ’~free includes the manipulation of -" w~uh dates prior to, through, and beyond January !, 2000, including leap year calculations), and shal! be transparen~ to the user. 6.4 PSSI w=~.=:_~s-~-~ than its _mersom-ne! assigned_ to function during the term of this Agreement shal! be qualified to perforsm PSSI’s support obligations under this Agre=_ment. All me~so~=] (and any substitutes therefor) assigned to the performance of this Agreement shal! be subject to approva! of the CITY. Personnel whose conduc~ is incompetent, inefficient, or 021024 sdl 0044176 otherwise unsatisfactory to the CITY shall be replaced forthwith upon request. 6.5 In the event that CITY makes any changes or modifications to the licensed software, CITY agrees that such changes and modifications shal! be the property of PSSI, unless PSSI shall have given its prior written consent to the contrary. Furthermore, any changes or modifications made by CITY to the licensed software, except in accordance with Section 4.!.b, wil! mean that the foregoing limited warranty of PSSI with respect to such licensed software shall no longer apply, and PSSI shall have the right to charge CITY for additional support services the rate set forth in Exhibit ~B"; however, PSSI shal! have no obligation to provide such services. 6.6 EXCEPT AS SET FORTH .ABOVE, NO OTHER WARP_ANTIES, ~ETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE I~PLIED WARB_ANTIES OF MERCHANTABILITY ~!gD FITneSS FOR A P~TICUL.~ PURPOSE, A_RE ~aADE BY PSSI AND PSSI ~AKES NO WAB_RANT_IES WITH RESPECT TO HARDWARE EQUIPMENT OR WITH THE LICENSED SOFTWARE OR FOR THE INSTALLATION THEREOF. IN NO EVENT WILL PSSI BE LI~LE TO CITY OR .ANY_ OTHER PARTY FOR _ANY LOSS, INCLUDING TIME, MONEY, GOODWILL CONSEQUENTIAL D~_MAGES, WHICH _NLAY ARISE FROM THE USE, OPERATION OR MODIFICATION OF THE HA_RDWA_RE OR SOFTW~_~LE. 5.7 The foregoing limitations of paragraph 5.5 shall not limit PSSI’s liability for damages for persona! injury, including death, or tangible property damage, as set forth in Section !0. Further, nothing contained in this Agreement shall limit any cause of action arising between the parties which is based upon wrongful acts that are independent of this Agreement. SECTION 7.SOURCE CODE The Product shall include the software source code, object code, and am_y associated files, tables, or programs re~ired to recompiie, ~÷ necessary. 8.1 The term of this Agreement shall commence on the date of execution of this Agreement by CITY, ~nd shal! te_rminate on June 30, 2003. The parties may, by mutua! agreement, enter into subsequent agreements for extended.maintenance of the Product. 8.2 The parties may, by mutua! agreement, ~mend this Agreement to provide for additiona! hardware, software, or services related hereto. SECTION 9. TERMINATION 9.1 This Agreement may be te_~minated by either party upon thirty (30) days prior wri:ten notice if the other party has mau~.=_ly breached the provisions of the= Agreement and has no~ cured such breach within such notice period. 021024 sdl 0044176 9.2 This Agreement may also be terminated by CITY prior to acceptance of the Product, in accordance with the provisions of Section 5. 9.3 Upon termination, ~ either party may pursue such remedies at law or in equity as may be available to it. SECTION !0.INDEMNITY PSSI agrees to protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees ~nd agents from any and all d~mands, claims, or liability for injury or death of amy person, or property damage caused by or arising out of PSSI’s, its officers’, agents’, subcontractors’ or employees’ negligent acts or omissions, or willful misconduct in the performance of its obligations under this Agreement. SECTION II. INSURANCE !I.!PSSI, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "C", insuring not only PSSI, but also, with the exception of workers’ compensation, and emp!oyer’s liability insurance, naming CITY_ as an additional insured concerning PSSi’s performance under this Agreement. 11.2 Al! insurance coverage required hereunder wil! be provided through carriers with Best’s Key Ratinm Guide ratings of A:VII or higher which are admitted to transact insurance business in the State of California. 9m_y and all contractors of PSSI retained to perform Services under this Agreement wil! obtain and maintain, in ful! force and effect during the te_~-m of this Agreement, identical insurance coverage, naming CITY as an additiona! insured under such policies as required above. 11.3 Certificates of such insurance shal! be filed with CITY concurrently with the execution of this Agreement. The c__=~:~_:-c=~s-~= will be subject to the approva! of C~Z<~ ’s risk manager and wil! contain an endorsement stating that the insurance ~_~_rim~- ::vs~a~c-~:~ wi!l not be cam.ce!ed or altered by ~he insurer except after filing with CITY’s City Clerk thirty (30) days’ prior written notice of such cancellation or alteration, and that the City of Pa!o Alto is named as an additiona! insured except in policies of workers’ com_mensation and emp!oyer’s liability insurance. Current certificates of such insurance wil! be kept on file at all times during the term of this Agreement with the City Clerk. 11.4 The procuring of such re_cuired policy or policies of insurance will not be construed to limit PSS!’s !iabi!iuy hereunder nor to fulfil! the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, PSSI wil! be obligated for the ful! and tota! ~mount of 021024 sdl 0044176 7 any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or !oss arising after the Agreement is terminated or the te_~m has expired. 11.5 PSSI, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing the perforTnance of its obligations under the Agreement. SECTION 12. WORKERS’ COMPENSATION PSSI, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of Califor- nia which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it wil! comply with such provisions, as applicable, before commencing the performance of its obligations under the Agreement. SECTION 13. ASSIGNMENT PSSI shall not assign or subcontract the services to be provided by it under this Agreement, and no assignment of this Agreement or subcontracting of the services to be provided under this Agreement or any right or interest therein by PSSI shal! be effective, without the prior written consent by CITY of such assigr~ent or subcontract, "which consent will not be unreasonably witlnhe!d. The performance of the Agreement by PSSI is of the essence of the Agreement. In the event of any assigm_ment or subcontract, PSSI shall remain primarily liable for al! of its obligations under this Agreement. Notwithstanding the foregoing, it is the intent and understanding of the parties that the hardware provided by PSSI under this Agreement will be manufactured by other entities, for which PSSI will function as reseller. SECTION 14. WAIVER NO waiver of any b=_acn of any term or condition of this Agreement shal! be construed to waive any subsequent breach of the s~me or any other term or condition of this Agreement. ¯SECTION 15. CONFLICT OF INTEREST 15.1 In accepting this Agreement, PSSI covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financia! or othe~ise, which would conflict in any mam~_er or degree with the perfo_~mance of the Services. 15.2 PSSI further covenants that, in the perfo~-m, ance of this Agreement,it will not employ any contractor or person 021024 sdl 0044176 having such an interest. PSSI certifies that no person who has or will have any financia! interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipa! Code and the Goverrament Code of the State of California. SECTION 16. NONDISCRIMINATION 16.1 As set forth in the Palo Alto Municipal Code, no discrimination will_be made in the em_m!oyment of any person under this Agreement because of the age, race, color, nationa! origin, ancest,~q~, religion, disability, sexua! preference or gender of that person, if the value of this Agreement is, or may be, five thousand dollars ($5,000) or more, PSSI agrees to meet all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in employment, including completing the requisite fo_~un furnished by CITY and set forth in Exhibit "D" 16.2 PSSI agrees that each agreement for services with an independent provider will contain a provision substantially as follows: "[Name of Provider] will provide PSSI with a certificate stating that [Name of Provider] is currently in com_mliance with all Federal and State of California laws covering nondiscrimination in emp!oyment; and that [Name of Provider] wil! not discriminate in the employment of any person under this agreement because of the age, race, co!or, nationa! origin, ancestry, religion, disability, sexua! preference or gender of such person." 16.3 If PSS! is found in violation of the nondiscrimination provisions of the State of California Fair ~D!oyment Practices Act or similar provisions of Federal law or executive order in the performance of this Agreement, it will be in default of this Agreement. Thereupon, CiTY will have the power to cancel or suspend this Agreement, in ~no!e or in part, or to deduct the sum of twenty-five dollars (825) for each person for each calendar day during which such person was subjected to acts of ~!sc~!m~nau!on, as damages for breach of agreement, or both Only a finding of the State of California Fair ~p!oyment Practices Commission or the equivalent federal agency or officer will constitute evidence of a breach of this Agreement. 021024 sdl 0044176 9 SECTION 17. FORCE M_AJEURE The parties will exercise every reasonable effort to meet their respective obligations hereunder, but either party shall be excused from the performance of any of its covenants or agreements hereunder and such party’s nonperformance shall not be a default or grounds for termination of this Agreement for any period to the extent that such party is prevented, hindered or delayed for any period not in excess of thirty (30) days from performing any of its covenants or agreements, in whole or in part, as a result of an act of God, war, civil disturbance, court order, labor dispute or other cause beyond that party’s reasonable contro!, including without limitation, any denial of access to the CITY’s facilities. The parties hereby agree to use their reasonable efforts to remedy the effect caused by the occurrence of the event giving rise to a party’s nonperformance of its covenants or agreements under this section. The parties agree to provide prompt notice to the other party to the extent that either party is relying on the provisions of this Section for its failure to perform any of its covenants or agreements hereunder. SECTION 18.CONF!DE_NTIALITY 18.1.The parties acknowledge that in the course of perfo_~ming the responsibilities under this Agreement, they each may be exposed to or acquire information that is proprietary to or confidential to the other party or its affiliated companies or their clients. 9~.y ~nd al! information of one party in any form obtained by the other party or its employees, agents or representatives in the performance of this Agreement shall be deemed to be confidential and proprietar-_v information of such party. The parties agree to hold such information in strict confidence and not to copy, reproduce, sel!, assign, license, market, transfer, give or otherwise disc!ose such information to third parties or to use such information for any purp_oses whatsoever, without the express written pe_r~_Lission of the other party, other than for the provision of services under this Agreemenr. The parties agree to advise each of their employees, agents, and representatives of their obligations to keep such info~_~mation confidential. Al! such confidentia! and proprietary information described herein and any deliverable provided hereunder, in ~fnatever form, are hereinafter collectively referred to as "Confidentia! information." The parties shal! use their reasonable efforts to assist each other in identifying and preventing any unauthorized use or disclosure of any Confidentia! information. Without limitation of the foregoing, the parties shall use reasonable efforts to advise each other immediately in the evenn Zhat either learns or has reason to believe that any person who has had access to Confidentia! information has violated or intends to violate the terms of this Agreement, and wil! reasonably cooperate in seeking relief agains~ any such person. 18.2 Notwithstanding the obligations set forth in Section 18.1, the confidentiality obligations of the parties shall 021024 sdl 0044176 !0 not extend to information that: is, -as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than receiving party; was known to the receiving party as of the time of its disclosure; or is independently developed by the receiving party; or is subsequently learned from a third party not under a confidentiality obligation to the providing party; or is required to be disc!osed pursuant to court order or government whereupon the receiving party shall provide notice to the other party prior to such disclosure. SECTION 19. NOTICES All notices hereunder wi!l be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY:Office of the City Clerk City of Pa!o Alto Post Office Box 10250 Palo Alto, CA 94303 with copies to:Coordinator, Communications Services City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 To PSSi:4401 Nico!e Drive Lanham, MD 20706 ATTN: Ed Kossa, Director of Operations SECTION 20.M!SCELL_~AIEOUS PROVISIONS 20.1 PSS! represents and warrants that it has Knowledge of the re_cmirements of the ~ericans with Disabilities Act of 1990, ~nd the Government Code and the Health ~nd Safety Code of the State of California, relating to access to public buildings &nd accommodations for disabled persons, ~nd relating to facilities for disabled persons. PSSI wil! com_mly with or ensure by its advice that compliance with such provisions will be effected in the performance of this Agreement. 20.2 This Agreement will be governed by the laws of the State of California, excluding its conflicts of law. 20.3 In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California or in the United States District Court for the Norzhern District of California in the County of Santa Clara, State of California. 20.4 The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. 021024 sdl 0044176 20.5 If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force am_d effect. 20.6 All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules ~nich, from time to time, may be referred to in any duly executed amendment hereto are by such reference inco_~porated in this Agreement and will be deemed to be a part of this Agreement. 20.7 This Agreement may be executed in any number of counterparts, each of which will be an origina!, but all of which together wil! constitute one and the s~me instrument. 20.8 This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. If CITY is required to sign an order form or other preprinted document~from PSSI, the parties understand and agree that to the extent of ~ny conflict ~between such other form or document and this document, this document shall prevai!. This document may be amended only by a written instrument, which is signed by the parties. 20.9 This Contract is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipa! Code. This Contract wil! te_~ninate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fisca! year, or (b) at any time within a fisca! year in the event that funds are only appropriated for a portion of the fisca! year and funds for this Contract are no !onger available. This Section 20.9 shal! take precedence in the event of a conflict with any other covenant, te_~m, condition, or provision of this Contract. // // 021024 sdl 0044176 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. Clerk CITY OF PALO ALT~D Mayor APPROVED AS TO FORM: Senio~itorney APPROVED: ant City Manager Zn~ura~nc=~ Review PUBLIC SAFETY SYSTEMS, !NC. Its: President Its : Secretary/Treasurer Attachments: EXHIBIT "A2A" and ~A2B": Scope of Work Specifications Product EXH_~B_~T "B" : EXH_~BIT "C" : EXHZBIT "D" : implementation Schedule Insurance Requirements Nondiscrimination Compliance Form 021016 sd10044176 CERTIFICATE OF ACKNOWLEDGEMENT (Civil Code ~ 1189) STATE OF ) ) SSo COUNTY OF ) On ~vember 19 , 2002, before me, Jeane~te.a S Derry a Notary Public in and for said County and State, personally appeared Judy Henneke, personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ry JEANET~ S. I~R~v NOTARY PUBLIC STATE d}F ’ ""LAND Net Commi~ion Expire, Jul>. ,., 2005 JEANETTE S. My Commission ~:xp~r~ ~, ~ , 021016 sd] 0044176 14 CERTIFICATE OF ACKNOWLEDGEMENT (Civil Code ~ 1189) STATE OF ) COUNTY OF ) On ...October 21~t , 2002, before me, Jeanette S Derry , a Notary Public in and for said County and State, personally appeared Louis E Henneke, personally known to me or proved to me on the basis of ’ = ~ ~sat!s=acuo_y evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ire ?ub i i c 021024 sdl 0044176 15 Exhibit A Phase 2A SCOPE OF WORK UPGRADE TO NEW NT/WIN2000 OPERATING SYSTEM AND TIER 1 GEO-SERVER SYSTEM PSSI and the City has completed discussions and evaluated the specific needs for an upgrade from the current MPE operating environment to an NT/Win2000 based operating system. The City reviewed, in detail, the quotation submitted by PSSI and discussed implementation issues and!or modifications that will be required. Conversion to this new operating system will streamline administrative and maintenance functions and will provide enhance the overall effectiveness of the CAD and RMS systems. The City will purchase and make available to PSSI three (3) Hewlett Packard LC2000r Servers. They will be configured by City staff under consultation with PSSI and in accordance with PSSI specifications. The City will ensure that the Server’s meet the minimum specifications provided by PSSI. The City will ship the 3 configured LC2000r Servers to PSSI for preparation - shipping charges to be paid by City. PSS! technical personnel will be present on site at the City of Palo Alto to install the new NT/Win2000 operating system and will work in tandem with the City,. to test the new operating system to ensure that the system performance of both the RESPONSE CAD and ICIS RMS systems is not degraded. At the conclusion of this phase of the operating system upgrade, all custom interfaces, enhanced or modified software will be tested testing and training. All work conducted on site in the City of Palo Alto will be tested to ensure functionality, while PSSI technical staff are available. Response NT Software: RESPONSE NT/2000 License Upgrade; SLETS PtC, CAD TCP/IP interface upgrade; CAD to ICIS transfer Interface.Upgrade (ODBC Version); CAD t.o EMBRS transfer Interface Upgrade (ODBC Version); Fire Station Printers Subsystem NT Up=~-ade; SunPro PIC CAD TCP/IP Interface Upgrade $65,000 Software Services: CAD Data Conversion; Project Management, Travel, Installation and Training of City Staff TASK 2 - Tier 1 Geo-Server System - PSSI to provide geo-server system to [support a mapping environment in the CAD RESPONSE system. Project ~c~lude: RESPONSE GeoServer Software, Address Verification, Open API, ICIS V-,.~ and future version integration, data conversion, project installation, manazement, travel and expenses. I $33,600 $44,900 Phase 2A Scope of WorLrgasks Page i of I Phase 2B CAD/RMS Software Enhancements SCOPE OF WORK Exhibit A PSSI and the City have completed sessions, which evaluated the specific needs of this Phase (2) of the project. These discussions included dispatch algorithms, flag settings and other issues that are specific to the external interface requirements. PSSI technical staff assigned to the project will begin preparation of custom (as required) software and/or modifications to the base software application necessary to implement the external interfaces as defined in the design review sessions. Much of the software preparation will be conducted in the PSSI home office. As required, PSSI technical personnel will be present on site at the City of Pa!o Alto to perform the modifications necessary to implement the functionality defined during the design review sessions. This phase of the project includes programming modifications for the RESPONSE CAD and/or ICIS RMS systems. Dependent upon the actual project implementation schedule, some work may run in parallel or back-to- back as part of a phased-implementation approach. At the conclusion of this phase of the project, the new interfaces, enhanced or modified software will be ready for testing and training. All work conducted on site in the City of Palo Alto will be tested to ensure functionality while PSSI technical staff are available. Each of the enhancements, modifications and!or software changes to either the RESPONSE CAD and/or ICIS systems are detailed below. TASK 1: PSSI will make modifications to RESPONSE CAD system and soft~vare to provide a standard interface to the Zetron Model 6/26 Fire Station Alerting System. Project work to be timed with installation of new alerting system. TASK 2: PSSI will make CAD RESPONSE system modifi’~ations to allow for GEOFII, E update conversion processes that the City, could run on a reoccurring basis. This modification will allow for bulk update to the RESPONSE CAD Geo-file from City provided GIS data files. PSSI provided Cit3’ with file formats in which the GtS data is to be provided. TASK 3: PSSI will make system modifications to its RESPONSE CAD fl{at will upgrade the existing telecommunications/SLETS interface. PSSI will install a TCP/IP interface to SLETS. Timing for this project will be based on a TCP/IP upgrade at the Santa Clara Count?., Sheriff’s Office (that project is currently underway). PSSI has been provided all technical documentation regarding this protocol change. TASK 4: PSSI to make modifications and customizations to ICIS RMS Case Management Module - design review for functionality requirements include changes in pre-a_qreed upon fields, fla~, settino.s, automatic update capability, and protected gel& $29,000 56,000 $22,000 Phase 2B Scope of WorfCl’asks Page l of 2 TASK 5: PSSI will make customizations and modifications to the existing ICIS RMS Warrant Module to allow for direct filing of WPS (Wanted Persons System) filings and, as required, other law enforcement telecommunications databases and make other customizations to the software that automate this process and eliminate redundant data entry by police staff. $20,000 Phase 2B Scope of WorkrFasks Page 2 of 2 Public Safety. Systems, Inc. Phases 2A and 2B Project Schedule EXHIBIT B PROJECT PHASE/TASK Phase 2A NT Upgrade/Geo-Server City to Ship Configxtred Servers to PSSI for Preparation Server Staging, Preparation and Configuration (PSSI) NT/Software Enhancements Loaded V2.4 (PSSI) Installation and Services of NT System Finn Testing / Cutover Phase 2A Tier I Geo-Server System > Meetings with City/PSSI (onsite) GIS requirements >" Installation and Testing (PSSI onsite) Phase 2B Software Enhancements (PSSI Onsite) > Task 1 - Zetron 6/26 Station Alerting )- Task 4 - ICIS Version 2.4 Installation / Case Management Module Changes .-~ Task 2 - Geo-File Conversion Process .- Task 3 - SLETS TCP/IP Upgrade r Task 5 - Warrants Module DATE 10/30/02 11-12//02 12/02-01/03 01/03-02/03 02-03/03 12/02-1/03 12/30/02 02-03/03 03-04/03 03 -04/03 05-06/03 Any schedule changes for Projec~,ri’ask Start!End dates are subject to change based on a Phased Implementation Strategy. Based on the availabili~, of PSSI technical personnel, some project tasks may be completed earlier than the dates listed above. All schedule changes will be made bv verbal ageement be~’een the Ciu’ and PSSI. NOU 28 2802 15:13 FR FPI~. RND G DEEPT 301 459 9387 TO 304 "~919E~?P. 02/02 i A CORD ( zo 1 ) 4401 Ni=al~ Drive THIS C~.HHF1CATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TH~ CER~CATE HO~E~ ~lS C~FICATE DOES NOT AM~, EX~ND OR AL~R THE COVERAGE AFFORD~ BY T~ POLICIES BELOW. COMPANIES AFFORDING COVERAGE A COk~PANY D TH1SI$ TO CF-RTIFY THATTHEPOLICI--’S OF INSURANCELIS’TED BELOWHAVE BEENISSUSD TO THEINSUR~D NAMED ABOVEFOR THEPOLICYP_=RiOD CERTIF|CA TE MAY BE ISSUED OR MAY PERT,&IN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ~,LL THE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN M.e,Y HAVE BEEN RF--J~UcED BY PAID CLAIi~$. FIR~ D~M~ (An~ =~ fire) [ S 10~.000 B~DILY INJURY [~OOtLY INJURY Sel fl-Re~o~on ~D~S~S~.eOL~C~ LI~T L ~S~ASE~A EMPLOYEE ~er~;ficsSe H=lder i= Additional Insured. TOTAL PAGE. 02 ~ CERTIFICATION OF NONDISCRIMINATION SECTION 410 Certification of Nondiscrimination As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed’below hereby certify: a)that they are currently in compliance with all federal and state of California laws covering nondiscrimination in employment; and b)that, if awarded the contract, the proposer will not discriminate in employment of any person under the contract because of race, color, national origin or ancestry, religion, disability, gender or marital status of such person. THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. Firm: Public Safety Signature: Name: Louis E Henneke Signature: Name: Judy M Henneke Note: Systems Incorporated (PRINT OR TYPE NAME) (PRINT OR TYPE NAME) California Corporations Code Section 313 requires two corporate officers to execute contracts. *The signature of First Officer* must be one of the following: Chairman of the Board.." President.." or Vice President. **The signature of the Second Officer** must be one of the foflowing: Secretary; Assistant Secretary; Chief Financial Officer; or Assistant Treasurer. (In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) PSSI Contract PAGE 1 OF 1 AMENDMENT NO. TWO TO AGREEMENT NO. BETWEEN THE CITY OF PALO ALTO AND PUBLIC SAFETY SYSTEMS, INC. This .Amendment No. Two to Agreement No. C0410296! (~Agreement") is entered into , by and between the CITY OF PALO ALTO ("CITY"), and PUBLIC SAFETY SYSTEMS, INC., a duly organized Virginia corporation, with offices at 4401 Nicole Drive, Lanham, Maryland 20706 ("PSSI"). RECITALS: WHEREAS, the Agreement was entered into between the parties for purchase of licensed software and support services for the City’s automated law enforcement records management program (~the 1999 Agreement"). The Agreement contemplated that the services would be performed in three phases. The 1999 Agreement covered services in Phase !; and WHEREAS, because the 1999 Agreement had expired, the parties entered into a second Agreement in October, 2002 (the ~2002 Agreement") for Phase 2 services; and WHEREAS, the parties amended the 2002 Agreement to include software enhancement services under Phase 2 and to add Phase 3 services; WHEREAS, the parties wish to update the project schedule for Phase 2 and Phase 3 services and to extend the term to Apri! 30, 2005; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION i. Section 8 entitled ~Term; Amendments" is hereby amended to read as follows: ~8.1 The term of this Agreement shall commence on the date of execution of this Agreement by CITY, and shall terminate on Apri! 30, 2005. The parties may, by mutual agreement, enter into subsequent agreements for extended maintenance of the Product. 8.2 The parties may, by mutual agreement, amend this Agreement to provide for additional hardware, software, or services related hereto." 040~07 d 004439~ SECTION 2. Exhibit "B" is hereby amended to include the Implementation Schedule for Tasks 2 and 3, a copy of which is attached hereto and incorporated herein by reference. SECTION 3. Except as herein modified, all other provisions of the Agreement, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. ATTEST:CITY OF PALO ALTO City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: Assistant City Manager Director of Administrative Services Police Chief insurance Review Mayor PUBLIC SAFETY SYSTEMS, INC. \ Title: %e<~ ~9 Ta~ayer Identification No. 54-1302472 (Co~DIi~ce with Co~. Code ~ 313 is re~ired if the entity on whose behalf this contract is si~ed is a corporation. In the alternative, a certified co.orate resolution attesting to the signato~ authority of the individuals signing in their respective capacities is acceptable) Attachments: EXHIBIT "B"-Implementation Schedule for Tasks 2 and 3 040607 cl 0044392 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF COUNTY OF ) ) ) On S~an~d o~r00~, before me, the undersigned, ano ta.ry public in / f said County, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Public 040607 cl 0044392 CERTIFICATE OF ACKNOWLEDGemENT (Civil Code § 1189) STATE OF COUNTY OF notary public ) ) ) the undersigned, in and ]for said Councy, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY PUBLIC ANNE AI~JNDEL COLIN]Y 040607 cl 0044392 Public Safety Systems, Inc. Updated EXHIBIT B Project Schedule PRO~ECT PHASE/TASK DATE Phase 2A NT Upgrade/Geo-Server City to Ship Configured Servers to PSSI for Preparation Server Staging, Preparation and Configuration (PSSI) NT/Software Enhancements Loaded V2.4 (PSSI) Installation and Services of NT System Final Testing / Cutover Completed Completed Completed Completed Completed Phase 2A Tier 1 Geo-Server System Meetings with City/PSSI (onsite) GIS requirements Installation and Testing (PSSI onsite) Completed 9/2004 Phase 2B Software Enhancements (PSSI Onsite) Task 1 - Zetron 6/26 Station Alerting Task Case Task Task Task 4 - ICIS Version 2.4 Installation / Management Module Changes 2 - Geo-File Conversion Process 3 - SLETS TCP/IP Upgrade 5 - Warrants Module Completed Completed Completed Completed 9/2004 Phase 3A - Geo Server Upgrad4e from Tier 1 to Tier 2 ~ Meetings with City/PSSI (onsite) GIS requirements ~ Installation and Services ~ Installation and Testing (PSSI onsite) Completed 9/2004 9/2004 Phase 3B - Mobile Data Software Pre-Testing of In-Field Mobile Data Application PSSI Onsite Load In-Field Application Testing Interface with Padcom and City of Palo Alto Final Testing of Product Parallel System Running Cutover to New MDC System Final Design Discussions w~SSI & Other In Form Users Preliminary testing of In-Form Mobile Data Application ICIS Inte~ation Testing Cutover Completed Completed Completed Completed Completed Completed 9/2004 1/2005 (or earlier) 2/2005 (or earlier) 3/2005 (or earlier) Any schedule changes for Project/Task Start/End dates are subject to change based on a Phased Implementation Strategy. Based on the availability of PSSI technical personnel, some project tasks may be completed earlier than the dates listed above. All schedule changes Will be made by w~itten ageement between the City and PSSI. ACORD.CERTIFICATE OF LIABILITY INSURANCE Franey Muha Alliant/MD 9901 Business Pk~y - Suite La~ham MD 20706 Phone:301-4sg-005S,~ .......................INSURERS AFFORDING COVERAGE INSURER A: ~ INSURER B: INSU~R C OPID ~ FUBLI-I Public Safetv Sv~te~s, ~nc.4401 Niccle DriOeLanham MD 20706-0000 COVERAGES THIS CERTIFICATE iS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR A,LTER THE COVERAGE AF,F~RDED BY THE POLIC|ES BELOW. NAIC # 0~/,~olo4,, TH~ POtICIE~ O~ INSUPJ~NCE LISI~D BELOW HAVE B~J~! I~-’SU~D TO ~ INSURED NA~D A~lOV~ FO~ TH~ POLICY P~RIOO INDICATED. NOTWIIHSTANDING ANY R.mQ~II:~NT, T~RM OR COI#DITION O~ ~IY C~I~CT OR OT~R ~CUM~NT WITH I~SI~CT TO VVHICH THIS £F_RTIFICAT~ M~Y I~ ISSUED OR MAY PERTAJN, E INS:LI:~::E AFI~Q,R£~D BY Tf-E POLICIES D~SCRt~D HEREIN I~ SUbJeCT TO ALL TH~ TERMS, EXCLUSIONS AN~ COND|TIONS OF EH POLICIES. AG¢..RFGATE LIMITS SHOWN MAY HAVlE HEN REDUCED BY PAID CLAIMS, ,, , "r~g OF GENERAL LU~J~LrTY A X ~ CQMME.RC~L ~ LI~IL)TY ~I jc~ ~c~ ~ A~GA~ LIMIT ~PLIES A~MO~ L~IL~ A ~~t O~D SCHEMED HIRED ~O~D ~Y ~~DU~IBLE A ~Y P~~C~VE SPECI~ PROVfS~ POLICY NUMBER BI043992746 BI043992732 2066266187 o2/oz!o4 o2/oz/os 02/01/04 02/01/05 02/01/04 02/01/04 02/01/05WC14489421~ ~S~RIPTION OF O#’E~T~ONS I LOCAT]n’N*"/"VEHICLES I ~XCLUSION~ ADDED BY ENDQRS~I SPECIAL PROVISIONS :ertificate Holder i~ named a~ additional in~ured. E L. DISF_.AS1E - POLICY L~MFr $ $00000 F~RTIFICATE HOLDER PALOALT Palo Al~o Police Departmen~ 275 Forre~ Avenue Palo Alto ~A 94301 :ORO 25 (2001/OB) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIED POLICIES BE CANI:;ELLEE) BEFORE 7H~ ~XPIRATION DATE THEREQF, TH~ ISSUING INSURER tN1LL F=:NDEAVOR TO MAIL 30 DAYS WRITTr::N NOTH:E TO THE CER’rlFICATEE HOLDER NAMED TO THE LEFT, BUT FA.(LUR~ TO ~OS~ NO ~LIGA~QN OR t~ ~ A~ ~ ~ON ~ INS~E~ ~ AGE~ OR -~fR~s~ ............................ "~@ ACORD ~ORPORA~ON 1