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Home My WebLink About1992-05-05; City Council; 11666; POLICE COMPUTER AIDED DISPTACH TERMINAL REPLACEMENT -REVISED AGREEMENT" AB # 11; lo (a 6 TITLE: MTG. 6-5-4s DEPT. POLICE COMPUTER AIDED 1) 1 SPATCH AGREEMENT POL TERMINAL REPLACEMENT - REVISED DEPT. CITY 1 CITY I a L' 5 cc h a 4 z 0 I- o a - d z 3 0 0 CIT*F CARLSBAD - AGEN~BILL CC-,? ( RECOMMENDED ACTION: Approve agreement and authorize the Mayor to execute the agreement. ITEM EXPLANATION: The police department requested the replacement of1 4 computer aided dispatch (CAD) terminals and the software needed to run them. The replacements are for terminals that are old and are requiring frequent repairs. The requested new terminals and software would be funded through Asset Forfeiture monies and would be purchased from PRC Public Management Services Inc., the present proprietary CAD contractor. At the City Council meeting on March 17, 1992, the City Council approved the replacement of the terminals. Subsequent to that meeting, the police department was informed that the State of California Law Enforcement Telecommunications System (C.L.E.T.S.) is changing their procedure for addressing computerized messages which requires all law enforcement agencies to change their computer software. To accommodate this software change, PRC Public Management Services, Inc. advised the police department that there would be an additional charge for these services. In addition, PRC Public Management Services, Inc. informed the police department that a standard software agreement required to make the software changes was overlooked in the original process that was brought before the city council and would be required before the changes could be made. The police department is recommending approval of the agreement which covers both the terminal replacement and the software change required by the State. FISCAL IMPACT: None. Authorized funds were previously appropriated and are available in the Capital Equipment Account of the Police Asset Forfeiture funds for the terminal replacement. There are currently funds available in the Police Technical Services Computer Software Account for the CLETS software modification. EX H I BITS: 1. Letter of agreement from PRC Public Management Services, Inc. 0 e Orange, CA 92668 946 Town & Country Road 1 March 30, 1992 Captain George Suttle Carl sbad Pol ice Department 2560 Orion Way Carlsbad, CA 92008 Reference: Carlsbad P.O. #13827 and #13872 Dear Captain Suttle: PRC is in receipt of the referenced purchase orders. In order for us to acc the P.0.s the following statements must be agreed and incorporated by the Cit written approval. Please review, sign and return as soon as possible so we get started on this important project. LICENSE PRC grants to the City of Carlsbad a non-assignable, non-transferable and I exclusive 1 icense to use the proprietary computer programs provided under referenced P.O. The City understands and acknowledges that the software is shall remain proprietary in nature and constitutes confidential trade seen The City agrees that it shall not knowingly, without the prior written con: of PRC, directly or indirectly disclose, proliferate, provide or otherwise I available, or permit, any disclosure, proliferation, provision of or ma available of, the software in any form, in whole or in part, to any other per firm, corporation, government agency, association or other entity. Further, City agrees that it shall not, without the prior written consent of PRC, cop reproduce (except as necessary for archive, diagnostic, backup, emergency res purposes or any other uses required solely by the City), the software, in w or in part. Neither the license granted ta the City by PRC nor the software be, in whole or in part, assigned, sub-licensed or otherwise transferred bj City without the prior written consent of PRC nor may the City knowin directly or indirectly, permit any use of the software, in whole or in part any other person, firm, corporation, government agency, association or o entity, without the prior written consent of PRC. WARRANTY : REMED I ES 1 a. Warranties For a period commencing on the date of acceptance and one year thereai PRC warrants! that (i) the software provided shall be free from defc and (ii) theiservices performed shall be in accordance with the ordi skill and care which would be executed by those who are knowledge; trained, andjexperienced in rendering these types or services at the such services are performed. March 30, 0 e Captain George Suttl e Carl sbad Pol ice Department Pa! The warranty for HDS terminals provided by PRC under this Purchase 0 shall be in effect for one (1) year from date of delivery. THESE MARRANTIES ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES OF KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY WHICH MAY ARISE BY REASON OF USAGE OF TRADE OR CUSTOM OR CO1 OF DEALINGS. b. Remedies (1) If, during the warranty period specified in Section a., above, City (a) discovers that the equipment provided by PRC is not in accord; with the express warranty set forth in Section a., and (b) notifies [ in writing, of such, then PRC shall, without charge to the City anr. behalf of the City, be responsible for the enforcement of, or will perl without charge, the applicable obligations which the supplier of 5 equipment may’ have with respect to repairing or replacing such equipn to the extent’ necessary to correct such defects. The City is responsi for shipping charges to the repair facility. (2) If, during the warranty period specified in Section a., above, City (a) di?covers defects in the software provided by PRC such that software will not perform in accordance with the express warranty forth in Section a., and (b) notifies PRC, in writing, of such defec then PRC shall, without charge to the City, ‘correct such defects. (3) If, during the warranty period specified in Section a., the City discovers that the services performed by PRC had not been performed accordance with the express warranty set forth in Section a,, and notifies PRC in writing of such faulty services, then PRC shall, with charge to the City, reperform such services to the extent necessary correct the fault therein. (4) Every claim that PRC‘s goods or services are faulty shall be dee waived unless such claim is made in writing during the warranty per specified in a. above. (5) THE REMEDIES SET FORTH IN THIS SECTION B. ARE IN LIEU OF AND EXCL ALL OTHER REMEDIES AVAILABLE TO THE CITY RELATING TO WARRANTIES b PRODUCTS AND SERVICES PROVIDED UNDER THIS AGREEMENT. I NDEMN ITY PRC shall indemnify, defend and hold harmless the City from and against any i all claims, demands, suits, actions, proceedings, judgments, losses, damagt injuries, penalties, costs, expenses (including attorneys‘ fees) and liabilitit of, by, or with respect to third parties, which arise solely from PRC’s negligt performance of services. PRC shall not be responsible for, and the City Shi indemnify, defend and hold harmless PRC from and against, any and all clair demands, suits, actions, proceedings, judgments, losses, damages, injuric penalties, costs, expenses (including attorneys’ fees) and liabilities of, I March 30, 1 Pag * e Captain George Suttle Carl sbad Pol ice Department i or with respect to third parties, which arise solely from the City’s negliyen With respect to any and all claims, demands, suits, actions, proceedin judgments, losses, damages, injuries, penalties, cQsts, expenses (includ attorneys’ fees) and liabilities, of, by, or with respect to third parties, wh arise from the joint or concurrent negligence of PRC and the City, each pa shall assume responsibility in proportion to the degree of its respective fau CONSEQUENTIAL DAMAGES In no event shall PRC be liable for special, indirect, or consequential damal of any nature. PAYMENT SCHEDULE - Purchase Order 13827 Hardware Upon Delivery of HDS Terminals Upon Del ivery of Spare Keyboards Upon Delivery of Console Mounting Brackets $16,965.00 741.00 4,240.00 7.75% Sales Tax 1 , 700.80 Shipping and Insurance 225.00 Software and Services Upon Completion of Console Modification & Installation Upon Completion of HDS Driver Software Installation 1,865 .OO 7,600.00 TOTAL $33,336.80 PAYMENT SCHEDULE - Purchase Order 13872 Software and Services Upon Completion of Software Modifications for CLETS interface $3 , 750 .OO Please advise if you have any questions. Sincerely, P&w-L@- kg& DATE : May 7. 1997 I