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Res 092-86 7/1/1986RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH COMMAND DATA SYSTEMS FOR THE PURCHASE OF A PUBLIC SAFETY COMPUTER SYSTEM AND A MUNICIPAL COURT COMPUTER SYSTEM WHEREAS, the City of Wichita Falls has advertised for and received proposals for the provision of a public safety and Municipal Court computer system; and WHEREAS, the City Council has previously authorized the City Manager to negotiate a contract with Command Data Systems for provision of such computer systems; and WHEREAS, such contract has been negotiated with mutually agreeable terms and conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS THAT: The City Manager is hereby authorized to execute a contract with Command Data Systems for the purchase of a public safety computer system and a Municipal Court computer system in the amount of $735,720. PASSED AND APPROVED this the 1st day of July, 1986. ike4`14-1 e MAYOR ATTEST: A-4211 J1.A 94-A4-) City Clerk I 7 9 t PUBLIC SAFETY COMPUTER SYSTEM PURCHASE AGREEMENT THIS AGREEMENT, entered into on the date the Agreement is executed by all parties hereto, between the CITY OF WICHITA FALLS hereafter referred to "CITY," and Command Data Systems, herein referred to as "CDS." WITNESSETH: WHEREAS, CITY has a need for a Public Safety Computer System hereinafter referred to as the PSCS) and CDS has submitted a proposal hereinafter referred to as the PSCS Proposal) for the purchase, installation and support of the PSCS, including new computer hardware and supporting software and services. NOW THEREFORE, in consideration of the premises and mutual promises and covenants herein contained, the parties hereto agree as follows: I. CONTRACT. The Contract consists of: A. This document. B. Exhibits A through I, attached hereto. C. Command Data Systems Proposal D. City's Request For Proposal E. Project Manual II. EQUIPMENT, SOFTWARE, AND WORK TO BE PERFORMED. Subject to the provisions hereof CDS agrees to supply the computer hardware, software, and services as defined herein as Exhibit A (cumulatively hereinafter referred to as the "PSCS") in accordance with the schedule, defined in the Project Manual. The Schedule shall commence on the day of the month this Agreement is executed by all parties hereto. III. PAYMENT. In consideration of supplying the PSCS, CITY shall pay CDS a sum total consideration not to exceed $819,909 United States Dollars and no more in accordance with progress payments schedule set forth in this Section below. This aggregate cash consideration is exclusive of all present and future federal, state or local sales, use, excise or processing taxes or any other tax or governmental charge, that is or may be imposed by law upon the CITY save taxes on net income. CDS' failure to include or correctly compute such taxes on its invoices shall not relieve CITY of its obligation hereunder. CDS will submit invoices to CITY in accordance with said schedule and CITY shall pay such invoices within thirty (30) days after the date thereof. It is understood that CITY, at its sole option _ may purchase the Municipal Court System outlined in I.. PUBLIC SAFETY COMPUTER SYSTEM Exhibit A. If such system is not purchased by CITY, all costs related to such option shall be deducted from the purchase price. EQUIPMENT - Ninety percent (90%) of the equipment price will be invoiced upon shipment and is payable upon system receipt by customer. The remaining ten percent (10%) shall be payable upon satisfactory completion of the equipment acceptance test and execution of the manufacturer's Certification of Acceptance. SOFTWARE Payment as a percent EVENT of the module price Police Systems Court Systems Signing of Contract 10% 0- Approval of Project Manual 20% 20% Delivery & Installation of Modules 50% 50% Acceptance of Module by City 10% 20% Final Acceptance of All Systems 10% 10% Final acceptance shall become automatic twenty-four (24) months after date of this Agreement provided such final acceptance has not been delayed by CDS' failure to perform and provided the implementation schedule and acceptance criteria defined in The Project Manual have been met. IV. PROJECT MANUAL. CDS shall deliver for the City's approval a Detail Systems Design (hereinafter referred to as the "Project Manual") within 30) days following the date first written above. The Project Manual shall include, but not be limited to: A. Definitive technical specifications and objectives for the system; B. Acceptance test criteria; C. Work progress schedule; and D. Such other items delineating the system and the work to be performed by CDS as the City may require. The parties agree to cooperate with each other in the preparation of the Project Manual CDS agrees to perform the work and provide the PSCS in the manner specified in the Project Manual. The parties further agree that the Project Schedule contemplates acceptance of the Project Manual by the CITY within thirty (30) days of delivery and any delay in acceptance shall lengthen the project schedule by a like number of days. V. ACCEPTANCE OF PHASE WORK. CDS shall certify in writing to CITY when each phase or module of the PSCS Software supplied by CDS hereunder is installed and ready for acceptance testing. This certification shall constitute the beginning of a thirty (30) calendar day acceptance test 2- fr PUBLIC SAFETY COMPUTER SYSTEM period. City's standard of performance for the system shall be as set forth in the Project Manual. Within the thirty (30) day acceptance test period CITY shall respond to CDS in one of the following manners: a) If successful accomplishment of all performance measures set forth in the Project Manual has been attained, CITY shall respond in writing that a respective phase or module of the PSCS is accepted; said response shall constitute final acceptance of the module delivered. b) If the CITY determines that the products and services delivered do not conform to requirements developed in ITEM 4 above, it shall so notify CDS in writing. Thereafter, the acceptance period shall continue on a day-to-day basis until the acceptance test has been met for a total of thirty (30) consecutive days. The fact that City has accepted one, more than one, or all software modules provided by CDS shall not constitute final acceptance of the total hardware and software package. Final system acceptance shall not take place until total system is in place and operational and until the acceptance requirements of The Project Manual have been met for a thirty (30) day period. VI. FORCE MAJEURE. If the performance of any part of this Agreement by either party is prevented, hindered, delayed, or otherwise made impracticable by reason of any strike, flood, riot, fire, explosion, war, government requirement, Act of God, acts or omissions of carriers, unavailability of materials and/or supplies, or any other casualty or anyothercauseofwhatevernaturethatisbeyondthecontrolofCITYorCDS in carrying out their respective obligations under this contract, the CITY or CDS, upon notification to the other party, shall be excused from such performance during the continuance of any such happening or event, and for so long and to the extent that such cause shall operate, prevent, hinder or delay the performance by the CITY or CDS of their respective obligations. VII. TERMINATION BY CITY. In addition to any other right to terminate set out herein, if CDS should file for bankruptcy, be adjudged bankrupt or should make any assignment for the benefit of its creditors, or if a receiver should be appointed for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, CITY mayterminatethisAgreement, or may, at its option, continue this contract on an event by event basis as outlined in the accepted Project Manual. If CDS should refuse or should fail, except in cases for which extension of time is provided, to provide enough properly skilled workers or proper materials, or disregard laws and ordinances, or not proceed with work in a timely fashion, fail to meet standards of performance, or 3- PUBLIC SAFE'T'Y COMPUTER SYSTEMS otherwise be guilty of a substantial violation of any provision of this Agreement, then CITY may terminate this Agreement. Prior to termination of this Agreement, CITY shall give CDS ten (10) calendar days to cure.such deficiencies. In the event of termination of this Agreement, CITY will have no obligations to CDS. VIII. HARDWARE CANCELLATION AND RESCHEDULING CHARGE. In the event the CITY directs CDS (a) to cancel the hardware order or any portion thereof, or (b) requests a rescheduling of scheduled equipment to a later date, the CITY agrees to pay cancellation/rescheduling charges as a percentage of the hardware price of the cancelled/rescheduled equipment. Such charges are as follows: Cancellation/Reschedule Cancellation/Reschedule Note Received Charge 61-90 days prior to 5% Schedule Delivery Month 31-60 days prior to 10% Schedule Delivery Month 30 days or less prior to 15% Schedule Delivery Month During Scheduled Delivery Month 20% IX. LICENSES. Command Data Systems, Inc. grants to the CITY and the CITY hereby accepts a non-transferable, non-exclusive, perpetual license to use the application software described in the Software License Agreement attached hereto and marked Exhibit D. CDS also grants to the CITY and the CITY hereby accepts a non-transferable, non-exclusive sub-license to use the system software described in the CDS software sub-licensing agreement attached hereto and marked Exhibit C. Concurrent with this Agreement the parties will execute said Software License Agreements. Should CDS for any reason convey any rights or obligations regarding the PSCS software licensed by CDS to CITY, CDS warrants to CITY that CITY's license shall remain intact in perpetuity and that no other entity shall be given the power to exact a fee from CITY for such license. X. WARRANTY A. HARDWARE. In addition to hardware warranty, the City will initiate a one (1) year maintenance agreement on the hardware listed in Exhibit A to commence upon expiration of The Warranty. The charges for the City's maintenance service are itemized in Exhibit A and the services to be provided under contract are described in Exhibit E. B. SOFTWARE PRODUCTS WARRANTY. CDS warrants the software to be free of defects or imperfections that would prevent system performance according to the specifications set forth in Command Data Systems, published material, or CDS's proposal or contract for a period o= ninety (90) days after 4- PUBLIC SAFETY COMPUTER SYSTEM acceptance of each Software Module by the CITY. If any reproducible error or defect occurs within the warranty period, CDS will, within reasonable time, correct the software at no cost. CDS will give the CITY an estimate of the time to correct the defect and perform the warranty services during its normal forty (40) hour work week. Warranty services include telephone assistance and on-site remedial support for software problems of a critical nature. During the warranty period, CDS will provide APPLICATION SOFTWARE MAINTENANCE SERVICES described in EXHIBIT F at no cost. Should the City's Computer Assisted Dispatch System, hereinafter referred to as``CADS;'become inoperable this shall constitute an emergency situation which CDS shall work to resolve even though such emergency situation requires CDS personnel to work outside its normal forty (40) hour work week, until such emergency situation is resolved. Such emergency assistance may be subject to payment pursuant to Exhibit F. XI. APPLICATION SOFTWARE MAINTENANCE SERVICES. Subsequent to the warranty period, software products will be eligible for on-going contractual maintenance services. The APPLICATION SOFTWARE MAINTENANCE SERVICES described in EXHIBIT F establish the level of CDS's continuing commitment to the support of its software provided within this Agreement. XII.CUSTOM SOFTWARE WORK. CDS may provide future software programming services to the CITY whenever such services are requested and where such services are outside the scope of the Project Manual, Warranty, or Application Software Maintenance Agreement. The current rate for such service is $65.00 per hour plus reasonable expenses. CDS agrees to provide such services for a period of at least five 5) full years from the date this Agreement goes into effect. The rate for such services shall be increased no more, than 10% per year or the percentage of increase in the consumer price index each year, which ever is lesser. Prior to beginning such work, CDS shall provide CITY with a written estimate of the cost of the work to be performed. Upon written acceptance of the cost estimate by the CITY, CDS shall commence the work. In no event shall the total cost charged to CITY exceed 110% of the written estimate. Acceptance of such work shall be governed by the same acceptance procedures outlined elsewhere in this contract, or in documents incorporated in this contract by, reference herein. XIII. CHANGES. CITY may request changes in the scope of services to be performed by CDS hereunder. All such changes shall be mutually agreed upon by and between the parties and shall be incorporated in written amendments to this Agreement. All such amendments shall state anyincreaseordecreaseintheamountofthecompensationdueCDSforthe change in scope. -Where such changes involve an increase in price, such changes shall not be authorized until they are approved by the City Council of the City of Wichita Falls. 5- PUBLIC SAFETY COMPUTER SYSTEM XIV. FACILITIES. During the course of this Agreement, CITY shall provide CDS personnel with work space as may be reasonably requested and necessary for its technicians to carry out its obligations enumerated herein. XV. CITY'S RESPONSIBILITIES. CITY shall obtain at its expense all government and other permits and licenses required for installation and operation of the System. CITY will be responsible for maintaining the computer hardware and peripherals in accordance with EXHIBIT E of this contract and providing and installing communications networks including all system telephone lines, hardware cabling, microwave links, modems, radios, and other equipment not included as a part of this Agreement and necessary to the successful operation of the System interfaces to other computer data bases and associated remote terminals. CITY will provide space, power, environment control and operating environment as defined by the hardware manufacturer's published specifications as provided to CITY by CDS. CITY will make available system computer time as requested by CDS for the development testing and maintenance of the PSCS software, for use by the CITY, so long as such testing does not unreasonably interfere with the normal operation of the system. CITY will designate a Project Manager to be the liaison with CDS. The Project Manager or duly authorized designee will be available during normal business working hours for consultation. CITY will make available all necessary supplies such as paper, magnetic tape and disk packs. XVI. LIMITATIONS. CDS shall not be liable for any acts or omissions in the performance of the services or the provision of the products outlined in this Agreement provided CDS performs said services and provides said products which meet or exceed the standard of care and professionalism recognized within the computer software industry. XVII. WORK HOURS AND SAFETY STANDARDS. CDS agrees: A. That each laborer employed by CDS shall have wages computed on the basis of a standard work day of eight (8) hours and a standard work week of forty (40)• hours in the work week; and B. That no laborer employed by CDS shall be required to work in surroundings or under work conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor. 6- PUBLIC SAFETY COMP TIER SYSTEM XVIII. CLEAN AIR ACT. CDS shall comply with all applicable standards order or regulations issued pursuant to the Clean Air Act of 1970 (42 USC 1857, et seq. ) and the Federal Water Pollution Control Act (33 USC 1250, et seq. ) , as amended. XIX. SECURITY AND PRIVACY. CDS agrees that none of its officers or employees shall use or reveal any research or statistical information furnished by any person and identifiable to any specific private personforanypurposeotherthanthepurposeforwhichitwasobtained. Copies of such information shall not, without the consent of the person furnishing such information, be admitted as evidence or used for anypurposeinanyaction, suit or other judicial or administrative proceedings, unless ordered by a court of competent jurisdiction. CITY shall be notified immediately upon receipt of any such order of court, pertaining to production of such information. XX. COVENANT AGAINST CONTINGENT FEES. CDS warrants that no person or selling agency has been employed or retained to solicit or secure percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CDS forthepurposeofsecuringbusiness. For breach or violation of this warranty, CITY shall have right to terminate this Agreement in accordance with the termination clause and, at its sole discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. XXI. CONFLICT OF INTEREST. No officer or employee of the City ofWichitaFallsshallreceiveanyfinancialbenefit, direct or indirect, from any payments made by CITY as a result of this contract. This prohibition extends to any subcontractors used to perform any element ofthisworkbyCDS. All parties agree to abide by the provisions of Vernon's Ann. Civ. St. Art. 988 (b) and Section 132 of the Charter of the City of Wichita Falls. Should CDS follow a course of action which would create one of the above prohibited conflicts of interest for any officer or employee oftheCityofWichitaFalls, CDS agrees to defend the City of Wichita Falls and any affected officer or employee against any claims, suits or other actions whatsoever and agrees to indemnify the City of Wichita Falls anditsofficersandemployeesforanyloss, damage, delay, penalty, attorney's fees, or cost of Court occasioned by any independent action of CDS which creates a prohibited conflict of interest outlined above. XXII. INDEMNIFICATION. CDS hereby agrees to indemnify and holdharmlessCITY, its officers, agents and employees of and from: A. Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of anyinjurytoordeathofanypersonordamagesufferedor sustained by any person or corporation caused by, or alleged to have been caused by, any act negligent or otherwise, of CDS under this Agreement or of CDS' employees or agents; 7- PUBLIC SAFETY COMPUTER SYSTEM B. Any and all damage to or destruction of the property ofCITY, its officers, agents, or employees occupied or used by or in the care, custody, or control of CDS, or in proximitytothesiteofCDS' work, caused by or alleged to have been caused by any act, negligent or otherwise, of CDS under this Agreement or of CDS' employees or agents; C. Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of CDS under this Agreement however caused, excepting, however, any such claims and demands which are the result of the sole negligence or willful misconduct of CITY, its officers, agents or employees; D. Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused or alleged to have been caused by the use of any apparatus, appliance, or material furnished by CDS underthisAgreement; and E. Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit required of CDS. XXIII. PATENTS. If notified promptly in writing of any action (and all prior claims relating thereto) brought against CITY alleging that CITY'suse, sale or other disposition of the Products herein described (includinguseoflicensedsoftware) infringes a United States patent or copyright,CDS will defend such action at its expense and will pay the costs anddamagesawardedagainstCITYinsuchaction, provided that CDS shall have sole control of the defense of any such action and all negotiations foritssettlementorcompromise. If a final injunction is obtained in such action against CITY's use of the Products or if in CDS' opinion the Products are likely to become the subject of a claim of infringement, CDS will, at its option and at its expense, either procure for CITY the righttocontinueusingtheProducts, replace or modify the same so that theybecomenon-infringing, or grant the CITY a credit for such Products at the then current fair market value replacement price and accept their return. XXIV. ORDER OF PRECEDENCES. In the event of a conflict in interpretation between any of the applicable contract documents specifiedbelow, all incorporated herein by this reference, any such conflict shall be resolved by giving precedence in the following order: A. This Agreement or amendments thereto. B. Any Exhibits or amendments thereto. C. Project Manual. D. The CDS proposal dated December 9, 1985. E. City's Request For Proposal datea-November 18, 1985. 8- PUBLIC SAFETY COMPu TER SYSTEM Only upon approval of the Project Manual by the CITY shall saiddocumentbethethirddocumentintheorderofprecedencetobeusedin the event of technical conflict requiring interpretation. XXV. TERM OF AGREEMENT. The Agreement shall commence on the date this Agreement is executed by all parties hereof and shall continue for a five5) full year period from that date unless sooner terminated or extendedashereinprovided. XXVI. ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS LAW. CDS shall complywithTitleVIoftheCivilRightsof1964, as amended, to the end that no person shall, on the grounds of race, creed, color, sex, age, handicap ornationaloriginbeexcludedfromparticipationin, be denied the benefitsof, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by this Agreement. XXVII. WORKER'S COMPENSATION. CDS certifies that it is aware of the provisions of the Labor Laws of the State of Texas, which require everyemployertobeinsuredagainstliabilityforworkers' compensation or to undertake self-insurance in accordance with the provisions of that Law, and it certified that it will comply with such provisions and will provide proof of such compliance upon request by the CITY. XXVIII. INSURANCE. At the request of the CITY, CDS shall provide proofofcomprehensivegeneralliabilityinsurance (including automobile) in an amount of at least $2,000,000 and shall name CITY as additionally namedinsuredthereon. XXIX. LEGALITY. If any provisions of this Agreement shall be held tobeinvalid, illegal, or unenforceable, the validity, legality andenforceabilityoftheremainingprovisionsshallnotinanywaybeaffectedorimpairedthereby. XXX.VENUE. The parties agree that this Agreement is performable andenteredintoinWichitaCounty, Texas, and that any suits arising underthisAgreementshallbebroughtincourtsinWichitaCounty, Texas. XXXI. INSTALLATION AND TRAINING. CDS agrees to test and demonstratethehardwareandCDSSoftwareon-site at CITY. CDS shall provide at least60mandaysforinstallationassistanceincluding, but not limited to,customization and training, such period not to include the time requiredbyCDSpersonneltooverseeDEC's installation of the hardware at City'ssite. CDS shall provide CITY with an accounting of installationassistancedaysusedbyapplicationsoftwaresystemonamonthlybasis,once this contract has been accepted by both parties. The total cost of such installation assistance and training is included in price of computersystem. XXXII. ADDITIONAL INSTALLATION ASSISTANCE. CDS shall provide at CITY'soptionupto100mandaysofinstallationassistance. CITY shall pay CDS500.00 per day plus reasonable non-local travel expenses for alladditionalinstallationassistanceprovided. 9- PUBLIC SAFETY COMPUTER SYSTEM XXXIII. BACKUP. CDS shall specify the procedures to be used by CITY to ensure that in the event of hardware and/or software malfunction, CITY will lose no more than the data entered since the last backup was performed. CDS warrants such performance so long as CITY complies with specified procedures. XXXXIV. TURNKEY SYSTEM PROVIDED. CDS warrants that all software and hardware with the exception of that associated with the Court's System if applicable, shall function as a unit and be thereby fully integrated and compatible. The Court System will run concurrently with other CDS software. CDS further warrants that CDS shall be responsible for coordinating the efforts of its own personnel and those of the hardware manufacturer in order to resolve any and all problems. XXXV. LOCAL SYSTEM SUPPORT. CDS shall provide its installation assistance on site at the CITY. XXXVI. FINAL SYSTEM ACCEPTANCE. After Hardware Installation and after Software Installation of the entire application Software and VAX/VMS Software, CITY shall evaluate the hardware and software to determine if it performs in accordance with acceptance criteria contained in the_ Project Manual. Upon successful execution of the acceptance criteria, CITY shall give CDS written acknowledgement of its final acceptance of the PSCS. XXXVII. PERSONNEL. A. CITY may request CDS to cease using any employee in connection with this Agreement whose performance and/or conduct is in CITY's opinion unacceptable. B. CDS may request CITY to cease using any employee except City Manager, Assistant City Manager, or members of City's project team as outlined in EXHIBIT G in connection with this Agreement whose performance and/or conduct is in CDS's opinion unacceptable. Such request shall be made in writing to the Chief of Police who shall have final authority to reassign any employee which CDS so request. XXXVIII. PERFORMANCE BOND. Upon execution of this Agreement, CDS shall deliver a performance bond to CITY, in the face amount of this Agreement, guaranteeing faithful performance of the covenants herein. XXXIX. TEXAS LAW. The parties agree that this Agreement shall be governed by the laws of the State of Texas. Except to the extent that the — provisions of this Agreement are clearly inconsistent therewith, this Agreement will be governed by the Texas Business and Commerce Code. XXXX. CONTRACT REPRESENTATIVES. The CDS project team including the Project Manager is set forth in EXHIBIT G. Any changes in the method or nature of work to be performed under this Agreement must be processed by the CITY through the CDS Project Manager. Likewise, EXHIBIT G sets 10- PUBLIC SAFETY COMPUTER SYSTEM forth the CITY's and CDS Project Teams. Additions and deletions to the project teams listed in EXHIBIT G may be made by the mutual written consent of CITY and CDS. XXXXI. NON-ASSIGNABILITY. The parties hereto may not assign the rights or obligations hereunder without the prior written consent of the other party. XXXXII. CONSOLE MODIFICATIONS. CDS will be responsible for the cost of console modifications performed by Com Center Corporation, 6365 Arizona Circle, Los Angeles, California to accommodate 2 CRT's for each of five 5) dispatch positions. XXXXVII. DOCUMENTATION. CDS will provide one copy of hardware and two copies of software documentation as is customarily used or useful in the operation of the software and hardware. Such documentation shall include documentation for hardware, system software, compilers, and application software; and shall be directed at users. Documentation for the hardware and software provided by the equipment manufacturer will be provided at current market prices, upon request of CITY. XXXXIV. GENERAL. No modifications or amendments to the Agreement shall be valid unless in writing and signed by duly authorized representatives of the parties. A waiver of a breach or default under this contract shall not constitute a waiver of any other or 'subsequent default. XXXXV. TAXES. CITY is exempt from federal taxes and State of Texas excise, sales, or use taxes. An exemption certificate will be furnished upon request. XXXXVI. NON-WAIVER. No course of dealing or failure of CDS or CITY to enforce any term, right, or condition of this Agreement shall be construed as a waiver of any such term, right, or condition. XXXXVII. FILE CONVERSIONS. CDS shall provide file layouts and technical assistance to CITY's programmer/analyst to assist in file conversions from CITY's current data files to CDS data files. XXXXVIII. TRAINING CLASSES. CDS shall be responsible for one programmer/analyst's tuition to DEC classes for VAX/VMS Utilities and Commands and VAX/VMS System Management. 11- PUBLIC SAFETY COMPUTER SYSTEM XXXXIX. NOTICES. Any notice required to be given by the terms of this Agreement shall be deemed to have been given when the same is sent by certified mail, postage prepaid, addressed to the respective parties as follows: NOTICE TO CDS: NOTICE TO CITY: D. Douglas McLeod C. R. Harrelson Vice President, Finance Chief of Police Command Data Systems Wichita Falls Police Dept. 6250 Village Parkway 610 Holliday Street Dublin, California 94568 Wichita Falls, Texas 76301 12- PUBLIC SAFETY COMPUTER SYSTEM L. AUTHORITY. Each party hereby warrants and represents that their respective signatures set forth below have been and are on the date of this Agreement duly authorized by all necessary and appropriate corporate action to execute this Agreement, and CITY represents that this Agreement may only be executed, modified, or revoked by the City Council of CITY. CITY and Command Data Systems have caused this Agreement to be executed by their duly authorized officers as of the day and year this Agreement is executed by all parties hereof. In Witness Hereof, the parties of these presents have executed this Agreement in the year and day below written. CITY OF WICHITA FALLS, TEXAS (CITY) BY: CITY MANAGER DATE: APPROVED AS TO FORM CITY ATTORNEY ATTEST: CITY CLERK COMMAND DATA SYSTEMS (CDS) end.'., Alt/BY: TITLE: 4111111111.d_/.4..-21'..- a._ DATE: • e'41/ v/rC 13- PUBLIC SAFE'T'Y COMPUTER SYSTEM ATTE ffjJ/. .`/f , COMPLETE ADDRESS: 14- EXHIBIT A Hardware Police 1 DH 630Q4-AA MicroVAX Processor with 9mb EOC MOS memory Including: TK50 95mb tape DHVII 8 line serial ports DEQNA Ethernet Interface 3 RD53-A 71 mb disks disk drive controller 1 VT220 system console CDS/Data Processing diagnostic modem VMS license Diagnostics Hardware info kit 63,121 1 VAX 8300 with 12mb memory Including: 2 RA81-AA 456mb disks 1 6250 BPI tape drive 262,289 Decnet & Ethernet DEC 100 license 36,796 39 CT220 Intercolor terminal 1,695/ea. 66,105 9 LA50 100 cps dot matrix printer 695/ea. 6,255 EXHIBIT A 1 LA210 240 cps printer 1,595 1 LQP03-AA Letter quality printer w/s 2,095 6 2400 baud modems 1,578/ea. 9,468 SUB-TOTAL 447,724 8.5% discount (excluding modems) 37,252 POLICE TOTAL 410,472 HARDWARE FIRE: 15 Wyse terminals 695/ea. 10,425 20 LA50 100 cps dot matrix printer 695/ea. 13,900 18 2400 mux baud modems 1,578/ea. 28,404 2 9600 mux baud modems 5,514/ea. 11,028 SUB-TOTAL 63,757 8.5% discount (excluding modems) 2,068 FIRE TOTAL 61,689 HARDWARE COURT: 8 Inter color terminals 1,695/ea. 13,560 1 point of sale cash register with two drawers (includes CRT, printer) 4,299 1 point of sale cash register with one drawer 3,482 2 validation printers 1,400 1 laser printer 4,195 3 LA50 100 cps dot matrix printer 695/ea. 2,085 1 RA81-AA 456mb disk 22,951 10 2400 mux baud modems 1,578/ea. 6,404 SUBTOTAL 58,376 8.5% discount (excluding modems) 4,418 COURT TOTAL 53,958 1 IBM-PC with Lotus 1-2-3 1,900 COMPLETE HARDWARE TOTAL 528,019 c EXHIBIT A SOFTWARE Computer-Aided Dispatch to include: Police/Fire CAD 55,000 E911 5,000 Management Reports (quick option traffic) 8,000 AD HOC Reports 9,000 77,000 Less 10% discount 7,700 TOTAL CAD SYSTEM 69,300 External Interface - TLETS 15,000 Less 10% discount 1,500 TOTAL EXTERNAL INTERFACE 13,500 Police Records System 70,000 Pawn 2,000 CAD/Records Integration 10,000 Integrated Case Narrative 18,000 Crime Analysis to include datatrieve 16,000 Managing Criminal Investigations 10,000 Personnel & Training (Police) 5,000 Neighborhood Crime Watch TOTAL POLICE RECORDS 131,000 Less 10% discount 13,100 TOTAL PMS 117,900 Word Processing 4,100 Less 10% discount 410 Total Word Processing 3,690 TOTAL POLICE SOFTWARE 204,390 Basic Compilar N/C TOTAL ALL POLICE SOFTWARE 204,390 EXHIBIT A SOFTWARE - (continued) Fire Management Information System 25,000 Less 10% discount 2,500 TOTAL FIRE SOFTWARE 22,500 Municipal Court System 25,000 Additional Modifications 25,000 TOTAL COURT SYSTEM 50,000 TOTAL ALL SOFTWARE 276,890 TOTAL HARDWARE 528,019 Freight and Installation 15,000 TOTAL SYSTEM COSTS 819,909 This represents the maximum charge for modifications requested by the City. City will be billed actual costs not to exceed this amount.