HomeMy WebLinkAboutA3183 - DESERT INFORMATION MANAGEMENT POLICE DISPATCH COMPUTER LAW ENFORCEMENT SYSTEMS DIMES MO5120 Desert Information Mgmnt
DIMES
AGREEMENT #3183
M05120, 12-16-93
AGREEMENT FOR CONTRACTUAL SERVICES
DESERT INFORMATION MANAGEMENT AND ENFORCEMENT SYSTEMS
(DIMES) TO PROVIDE COMPUTER AIDED DISPATCH SERVICES
THIS AGREEMENT, made and entered into effective the '/- - day
of �� 19vi, by and between the City of Cathedral City,
her¢inafter "CONTRACTOR" , .a municipal body corporate, of 35-325
Date Palm Drive, mailing address Post Office Box 5001, Cathedral
City, California 92235-5001, and the City of Palm Springs,
hereinafter "USER" , a municipal body corporate, whose mailing
address is Post Office Box 2743, Palm Springs, California 92263,
constitutes the Agreement of the parties hereto as to the matters
set forth hereinafter.
Section 1. Recitals .
A. CONTRACTOR, in its operations, has become thoroughly
familiar with law enforcement computer aided dispatch systems
requirements of municipalities, and has the expertise and
wherewithal to provide to USER the hardware and software to operate
an effective public safety computer aided dispatching system using
data processing facilities, including the use of the RESPONSE CAD
(Computer Aided Dispatch) software available to CONTRACTOR by
license from its owner, Public Safety Systems, Inc. CONTRACTOR is
willing to provide to USER access to the mainframe to be operated
by CONTRACTOR, the opportunity to interconnect with that mainframe
and access records maintained by CONTRACTOR for USER, and to
provide the assistance to USER's primary staff on the
administrative features of the system.
B. In addition to providing the use of the mainframe and
associated software, CONTRACTOR is willing to provide to USER
liaison services with Public Safety Systems, Inc. , to keep current
on availability of improved and updated programs, and
representation on PSSI 's RESPONSE system users group.
Section 2 . AGREEMENT.
This Agreement is for the use by USER of the "Desert
Information Management and Enforcement System" program for data
processing, including all hardware, software, expertise, set up
assistance, maintenance and .updating provided for herein by
CONTRACTOR. The parties agree as follows :
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A. CONTRAC* shall :
1 . Own or lease and operate a mainframe computer, with
all peripheral hardware and software, including the right to
provide to USER the use of 'the RESPONSE program, a police/fire/EMS
computer aided dispatch system. CONTRACTOR will be responsible for
maintenance, repairs, upkeep and updating of hardware and software
maintained in USER's facilities in Palm Springs, California, except
any and all multiplexers and other equipment provided by USER for
connection to CONTRACTOR'S mainframe. Such excepted equipment
shall be purchased and maintained by USER. CONTRACTOR retains
ownership and responsibility of hardware and software at the end of
the contract term.
2 . Make available to USER the following RESPONSE
(Computer Aided Dispatch) system features for use by USER's
department:
A. Call Taking
B. Geobase Address Validation
C. Police Dispatching
D. Fire Dispatching*
E. Ambulance and Tow Dispatching
F. Unit Status Update
G. Unit Status Display
H. Command Supervisor Activity
I . E911 Interface
* Fire Dispatching service only include dispatching functions
located at the central dispatch point and DOES NOT include any
access to the fire stations .
Additional features will be made available by CONTRACTOR for
additional charge; any such additional modules contracted for shall
be evidenced by an ADDENDUM. to this Agreement.
CONTRACTOR has available, by Addendum, the following RESPONSE
features : Mobile Digital Terminal Dispatching; Remote Fire Station
Printing and access; and Pager Notifications . The additional
charges involved for such additional features shall be arrived at
by negotiations between the parties .
3 . Assist user in the setting up of its equipment, including
terminals and printers, and assist in initially setting up such
equipment to become operational. Assist the USER's key police and
fire designated personnel in the establishment of the geobase and
administrative features of the RESPONSE software.
4 . Pay on behalf of USER, from the fees provided for
hereinafter, any additional licensing fees which may be required to
the owner of the CAD system„ or any other system made available by
CONTRACTOR to USER.
5 . Provide liaison for USER with PSSI, owner of the RESPONSE
program, and with its users group, as well as with the users group
for any other program made available by CONTRACTOR to USER. In
addition, CONTRACTOR will establish its own network of DIMES users,
and coordinate between a designated representative of each entity
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contracting with CONTRACTOR. for the DIMES systva, and hold a users
group meeting at least annually to provide problem solving
capabilities, information on enhancements and upgrades, and an
opportunity to alert CONTRACTOR to issues which should be taken to
the CAD users group.
6 . Provide to USER access to as many mainframe ports as USER
desires, up to a maximum of fourteen ( 14) ports; once USER has
designated the number of ports it desires to access, no additional
ports shall be accessed without sixty (60) days ' advance notice to
CONTRACTOR. Access to more ports than fourteen ( 14) will be
provided by separate arrangements between CONTRACTOR and USER,
which may include additional costs, any extra costs for which shall
be established by negotiation between the parties, and shall be
evidenced by an Addendum to this Agreement. Access to more than
fourteen ( 14) ports shall be only with six ( 6 ) months advance
notice, unless CONTRACTOR waives that requirement.
7 . Operate the DIMES system on a 24 hour a day basis, every
day of the year, barring circumstances reasonably beyond the
control of CONTRACTOR. To the extent feasible, CONTRACTOR will
provide backup for the system.
8 . Assure that CONTRACTOR's employees have the technical
skills and training to operate all equipment associated with the
RESPONSE/DIMES program, and to make such employees available on a
consulting basis, at no charge to the USER for routine trouble-
shooting; CONTRACTOR shall. provide the employees necessary to
assure smooth, trouble-free operation of the system, and shall
provide technical training to its own employees as reasonably
available, to facilitate such employees sharing the most current
information with USER.
9 . Designate one contact person as the primary contact person
to handle questions and problems arising in the RESPONSE/DIMES
system.
10 . Upon successful implementation of this contract
hereinafter, CONTRACTOR shall forthwith provide advice and guidance
to USER as to proper equipment needed to commence operation of the
RESPONSE program for USER. CONTRACTOR will permit USER to commence
operations as soon as its equipment is in place, adequately tested,
and USER's key personnel are ready to operate the USER's system.
CONTRACTOR, based on its experience in obtaining needed equipment,
governmental purchasing restraints, and training (note section
2B(3) ) requirements, estimates that with full cooperation of USER's
staff, the system should be operational within 120 days .
Contractor will cooperate fully with USER in establishing
operational capabilities at the earliest practical time.
B. USER shall :
1 . Pay to CONTRACTOR, for this CAD service, the annual sum of
$34, 800 . 00 . Payment obligation will be fulfilled through four
quarterly payments per year of $8, 700 . 00 . Payments will be made
during the time of January 1, 1993 through December 31, 1997 . A
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penalty of 1% per Tnth of the outstanding ba ance shall apply to
all billings not paid within forty-five (45) days of the date the
bill was mailed by CONTRACTOR. Any bill not paid within forty-five
(45) days shall thereafter be immediately payable with 1% penalty;
on the 60th day after date of mailing, the penalty amount shall be
2%, and an additional 1% shall be added for each thirty ( 30) days
thereafter. CONTRACTOR shall have the right to terminate service,
and disconnect USER from the system, if a second quarterly billing
falls into arrears, with the: first quarterly billing as yet unpaid.
2 . Provide all terminals, printers, hardware, software and
peripheral equipment needed by USER at its own site, and the
multiplexers needed for interconnect with CONTRACTOR's mainframe at
both the USER's site and at CONTRACTOR's site, and provide or pay
for all necessary maintenance, upkeep and repairs thereof . All
equipment purchased or leased by USER for use on the DIMES system
shall be subject to approval. of CONTRACTOR, to assure compatibility
with the hardware utilized by CONTRACTOR. USER shall be
responsible for its own hardware or software provider with whom
USER deals . CONTRACTOR's mainframe supplier recommends that USER
obtain and use "Codex" modems, but USER is not obligated to comply
with this suggestion.
3 . Provide for their own DISPATCH training with either PSSI
or a CONTRACTOR'S approved vendor of their choice.
4 . Input all data into the DIMES mainframe by telephone line,
using the compatible multiplexer set up, the sole responsibility
for all of which shall be USER's . All access, both uploading to
and downloading from the DIMES mainframe, shall be by telephone
interconnect, unless other arrangements are made with CONTRACTOR.
5 . Stress to all of its staff the confidential nature of the
information of other agencies accessed through the DIMES system.
USER shall designate which of its data may be made available to
other users, and to which users, if it chooses to limit such; USER
shall designate any data access to which is to be restricted only
to USER. A joint data base is recognized as one of the benefits of
the DIMES system, BUT USER is not obligated to share any
information with other agencies which it chooses not to share.
6 . Designate one of its employees who is actively involved in
the operation of the DIMES program as contact person, to work with
CONTRACTOR and other agencies using the DIMES system, in
determining what problems may have arisen, in helping to identify
and solve problems, in determining what enhancements and upgrading
of equipment would be beneficial, and in providing information to
CONTRACTOR's designated representative prior to CAD Users Group
meetings, and to serve as USER's representative to any DIMES user
group which may be established.
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C. NO WARRANRES .
CONTRACTOR and USER covenant and agree that, except as
otherwise expressly set forth herein, CONTRACTOR makes no
representation or warranty of whatsoever kind, nature or sort,
either express or implied, concerning the services to be furnished
or the equipment to be utilized hereunder, AND CONTRACTOR DOES
HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, INCLUDING SPECIFICALLY
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE CONCERNING ANY SUCH SERVICE OR EQUIPMENT.
D. INDEMNIFICATION; HOLD HARMLESS.
Each party to this Agreement shall indemnify, defend, save and
hold harmless the other, its officers, agents, servants and
employees of and from any and all liabilities, claims, demands,
debts, damages, suits, actions and causes of action of whatsoever
kind, nature or sort, including, but not by way of limitation,
wrongful death, personal injury or damage to property, the expenses
of the defense of said parties and the payment of attorneys fees in
any such claim or action,, arising out of or in any manner
connected with the performance, or lack of performance, of the
conditions set forth in this Agreement.
E. TERMINATION FOR CAUSE.
Other than for non-payment of fees in a timely manner which
justifies termination of service as set forth in Section 2 (B) ( 1) ,
above, the parties hereto agree that this Agreement shall not be
terminated except for cause. In the event either party claims good
cause exists for termination, and the other party does not agree,
or if the parties are unable to agree on how to resolve disputes
relating to termination of the Agreement, the matter shall be
submitted to arbitration under terms mutually agreeable to the
parties . If the parties are unable to agree on arbitration terms,
the matter shall be submitted to arbitration under the provisions
of Code of Civil Procedure Sections 1280 thru 1294 .2 , inclusive.
Pending completion of the: arbitration proceeding, unless the
arbitrator or arbitrators earlier order otherwise, the Agreement
shall continue in full force and effect until a final decision has
been made in the arbitration proceeding.
F. NOTICES.
Any notice required or authorized under this Agreement shall
be sent by regular mail, addressed as follows :
For Contractor For User
City Manager City Manager
City of Cathedral City City of Palm Springs
Post Office Box 5001 Post Office Box 2743
Cathedral City, CA 92235-5001 Palm Springs, CA 92263
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An informatioi!'copy of any such notice sA l also be sent by
CONTRACTOR to USER's designated representative, or by USER to
CONTRACTOR's designated representative, at his or her known work
address . Failure to send such "information copy" shall not be a
legal defect in perfecting of notice, service on the City Manager
being sufficient.
G. TERM.
This agreement shall be effective as of the January 1, 1993 an
d continue in full force and effect until December 31, 1997 , unless
sooner canceled or terminated in accordance with its express terms .
H. SEVERABILITY.
If any provision of this Agreement is held by a Court of
competent jurisdiction to hie invalid, void, or unenforceable, the
remaining provisions will nevertheless continue in full force
without being impaired or invalidated in any way.
IN WITNESS WHEREOF, the parties have executed this Agreement
this �r 19y day of F� //c<n v 19 /�?. This Agreement Is
effecti ve between the parties' as of % yam c rx . / , 19�`?-
CITY OF CATHEDRAL CITY /CITY OF PALM SPRINGS
"CONTRACTOR"
City Manager C Manager
Approved as to content: Approved as to content:
Chief of Pao -icy!. - Chief of(Pblice �
Approve s to form: Approved as to form:
City Attorney City AteQtney
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
i ty Clerk
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