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R97-078RESOLUTION NO. R97- 78 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF C-PLIMS, COMPREHENSIVE PUBLIC SAFETY INFORMATION MANAGEMENT SYSTEM FROM INACOM INFORMATION SYSTEMS AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR THE PURCHASE OF C-PLIMS, COMPREHENSIVE PUBLIC SAFETY INFORMATION MANAGEMENT SYSTEM BETWEEN THE CITY OF BOYNTON BEACH AND D.M; DATA CORPORATION; AUTHORIZING THE PURCHASE OF TWELVE PANASONIC RUGGEDIZED LAPTOP COMPUTERS FROM POMEROY COMPUTER RESOURCES UNDER STATE NEGOTIATED AGREEMENT PRICE SCHEDULE #250255; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach had in the 1996/1997 annual operating budget, provided funds for the purchase of a new Public Safety Information System consisting of hardware, software, installation, training, maintenance and various support services; and WHEREAS, City staff has studied, investigated and arranged for the demonstration and testing of over forty-five different public information systems over a two-year period, and based on said study has recommended the purchase of D.M. Data's software from Inacom Information System for the new Public Safety Information System; and WHEREAS, purchase of a new public safety information system will replace the City's sixteen year old, inadequate Police Department records management system, will replace the Fire Department's stand-alone NFIRS software, and will fully automate the Emergency 911 dispatch function, thereby efficiently providing the Police and Fire Departments with up-to-date, accurate information; and WHEREAS, THE D.M. Data Software is available from Inacom Information Systems by "piggy-backing" Seminole County Contract no. 270- 96; and WHEREAS, the City Commission has determined that it is in the best interests of the residents of the City to authorize the purchase of C-PLIMS, Comprehensive Public Safety Information Management System from Inacom Information Systems, and to execute an agreement for the purchase of C- PLIMS between the City of Boynton Beach and D.M. Data Corporation; and WHEREAS, the City Commission deems it to be in the best interest of the residents of the City to purchase twelve ruggedized laptop computers from Pomeroy Computer Resources under State negotiated agreement price schedule #250255 for use by the City of Boynton Beach Police Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize the purchase of C-PLIMS, Comprehensive Public Safety Information Management System from Inacom Information Systems, and direct the Mayor and City Clerk to execute an Agreement for System Purchase between the City of Boynton Beach and D.M. Data Corporation, a copy of said agreement is attached hereto as Exhibit "A." The City Commission does hereby authorize the purchase of ruggedized laptop computers from Pomeroy Computer negotiated agreement price Section 2. twelve Panasonic Resources: of Jacksonville, Florida under State schedule //250255 in the amount of $48,119.16. Section 3. This Resolution shall become effective passage. PASSED AND ADOPTED this ATTEST: immediately upon day of May, 1997. CITY OF BOYNTON BEACH, FLORIDA ~Vlayor / aYo ~o~nmissioner TO: FROM: DATE: RE: MEMORANDUM DIANE REESE, FINANCE DIRECTOR SUE KRUSE, CITY CLERK JUNE 12, 1997 RESOLUTION #R97-78 AND SIGNED AGREEMENT Attached please find a copy of the above mentioned resolution and agreement which were approved at the City Commission meeting held on May 20. 1997. C: ERNST & YOUNG ITS Central Files - (original) Resolution Book \\ch\main\shrdata\cc\wpX~nemosXreese.doc AGREEMENT FOR SYSTEM PURCHASE This agreement made this __day of , by and between D.M.Data Corporation (Hereinafter "D.M.Data"), a New Jersey Corporation having its registered office at 406E Lippincott Dr., Marlton, NJ 08053 and City of Boynton Beach (Hereinafter "Customer") with its principal office at 100 E. Boynton Beach Blvd, Boynton Beach, FL 33435. 1. DEFINITIONS System: All Hardware, Software and Services contained in Appendix A: Accepted Proposal #Bbeac032497d. Licensed Standard Software: "C" version of D.M.Data's Public Safety Information Management System or "C-PLIMS"; further described on Program Product Specifications (set forth on Schedule A of Appendix B). Licensed Software: The Licensed Standard Sot'~ware (including any Development Software), Upgrades, and Licensed Custom Sof~are provided under this agreement. Licensed Documentation: User Manuals that include the current specifications for the Licensed Software and other written instructions relating to the Licensed Software (such aS Product Bulletins, installation instructions, and training materials). Upgrades: Any enhanced and/or improved versions of Licensed Software provided as Licensed Software under this Agreement and released after'execution of this Agreement. Authorized Copies: The only authorized copies of the Licensed Software and Licensed Documentation is the copies of each application sof~vare package defined in this paragraph. They are: (I) the single copy of the Licensed Software and the related Licensed Documentation delivered by D.M. Data under this Agreement; and (II) two additional copies made by Customer as backup copies. Licensed PrOducts: The Licensed Software, Object Code, the related Licensed Documentation, and the Authorized Copies of the foregoing. AGREEMENT FOR SYSTEM PURCHASE Pg. 1 of 7 FORM DM100 Turnkey Solution: DM.Data is offering, and Customer is accepting, a Turnkey Solution consisting of hardware, software, networking, operating systems, conversion services, training and project management in an amount not to exceed $235,475 which will provide Customer a complete Public Safety Information Management System Solution. Customer Liaison: A Customer employee assigned to act as liaison between Customer and DM.Data for the duration of Agreement and the Customer Support Manager assigned by D.M.Data to Customer" 2. EFFECTIVE DATE This agreement shall be effective on the date accepted and executed by an authorized representative of D.M.Data and Customer, and shall continue in effect until terminated according to its terms. 3. TITLE Title to the hardware (i.e. computers, monitors, disk, memory, etc.), if any, included in the system shall vest in customer upon delivery to customer. DM.Data shall retain a security interest in the hardware until the total amount paid to DM.Data is greater than the total cost of the hardware as detailed in the hardware section of Appendix A attached hereto. 4. PAYMENT TERMS A down payment of $77,707 is due upon contract signing. Customer will be billed by D.M.Data in accordance with the payment schedule listed in paragraph fourteen (14) with a due date of thirty (30) days following billing date. If payment is not received by D.M.Data within (30) days after the due date, customer will pay, in addition to the prices specified, a monthly charge equal to one and one-half percent (1.5%) of the current outstanding unpaid balance, or the highest amount allowable by law, whichever is less. Customer also will pay or reimburse DM. Data for all costs, including legal and external collection, associated with the collection of any payment. A payment which is late by more than sixty (60) days after its due date is a material breach of customer's responsibilities and is ground for termination of this agreement by DM.Data. 5. LIMITATION OF LIABILITY (A) Customer shall assume full risk of loss or damage to the hardware immediately upon its delivery to customer's location. (B) Written notice and an explanation of circumstances concerning any claim that the hardware has proved defectix(e in material or workmanship shall be given promptly by the customer to DM.Data. Customer's sole and exclusive AGREEMENT FOR SYSTEM PURCHASE Pg. 2 of 7 FORM DM100 remedy in the event of defect is expressly limited to the correction of the defect by adjustment, repair, or replacement, at D.M.Data~s election and sole expense, except that there shall be no obligation to replace or repair items which, by their nature, are expendable (i.e. toner, ribbons, etc.). 6. LIMITATION OF LIABILITY In no event shall DM. Data be liable for indirect, special, or consequential damages arising out of any breach of the agreement or obligations under the agreement. 7. MODIFICATIONS (A) No modification or amendment to this agreement and no waiver of any provision shall be valid unless in writing, signed by duly authorized representatives of the parties. (B) In the event of any changes to the preprinted terms and conditions of this agreement, the duly authorized representative of D.M.Data is the president. 8. ASSIGNMENT Neither this agreement nor any of the rights and/or interest created hereunder shall be assigned by either party without the prior written consent of the other party. 9. ENFORCEMENT Customer and/or DM. Data shall have the right at all times to enforce all terms, conditions and covenants hereof in strict accordance herewith, notwithstanding any custom or conduct on the part of customer or DM.Data in refraining from so doing at any time or times. Further, the failure of customer and/or D.M.Data at any time or times to enforce its rights hereunder strictly in accordance with the same shall not be contrary to any specific term, condition or covenant hereof, or as having in any way or manner modified the same or shall be construed as a waiver or relinquishment for the future of any covenants, conditions or options, but the same shall be and shall remain in full force and effect. 10. SEVERABILITY If any provision of this contract is held invalid, the other provisions of this contract shall not be affected thereby. If the application of the contract or any of its provisions, to any person or circumstances is held invalid, the application of the contract and its provisions to other persons or circumstances shall not be affected thereby. AGREEMENT FOR SYSTEM PURCHASE Pg. 3 of 7 FORM I)MI00 11. APPLICABLE LAW D.M. Data warrants that the goods or services provided hereunder have been manufactured and/or performed in accordance with and in compliance with all applicable state and federal laws, including but not limited to the Occupational Safety and health Act and the Fair Labor Standards Act. D.M.Data warrants that it is in compliance with all other applicable federal employment and labor regulations including those respecting equal employment opportunity and non- segregated facilities. Customer shall notify D.M.Data of local laws currently in effect and any subsequent changes. This Agreement shall be governed by the laws of the State of Florida. In the event that litigation should arise in the performance of this agreement venue shall be Palm Beach County, Florida. 12. HOLD HARMLESS DM.Data shall indemnify, defend and hold harmless customer from claims, suits, actions, damages and costs resulting from its negligent conduct in the performance of the services, or from any claims alleging patent infringement of any United States patent or copyright. In case the Licensed Products provided under this Agreement, as a result of any suit or proceeding, is held to constitute infringement of any patent or copyright or its use by Customer is enjoined, D.M.Data shall, at its option and at its expense, either: 1. Procure for Customer the right to continue using said Licensed Products, 2. Replace Licensed Products with substantially equivalent non-infringing sof~ware and documentation, 3. Modify Licensed Products so Licensed Products become non-infringing or, 4. Refund to Customer the entire sum it had paid to DM.Data. 13. COST SUMMARY Description First Year (A) System Software $118,875 (B) C-PLIMS Software 64,800 (C) Data Conversion 10,800 (D) Training & Installation 40,750 (E) Shipping & Handling 250 Subsequent Years Maint/gicense/PSA $18,197 11,664 Grand Total $235,475 $29,861 AGREEMENT FOR SYSTEM PURCHASE Pg. 4 of 7 FOR_M DM100 14. PAYMENT SCHEDULE (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) Task Payment Due Down Payment $77,707 Installation of System Software 11,708 C-PLIMS Installation and System Acceptance 43,416 Installation of Custom GIS Interface 3,350 Installation of FCIC/PALMS Interfaced "Single Entry" 8,710 Installation E911 Interface & Additional E911 Line 4,690 Installation of Barcoding Software 3,350 Installation of MS/Office Interface 603 Installation of C-Mobile Software 26,465 Installation of C-Laptop Software 7,370 Installation of Custom EMS Reporting (3 Stations) 13,400 Data Conversion 7,236 Esperant Report Writing Training 570 C-PLIMS Classroom Training 1,139 UNIPLEX Classroom Training 1,139 On-site Training 8,040 Project Management 11,725 EMS Training 2,680 Hardware/Software Set-up 2,010 Shipping & Handling (Est) 167 15. TAX EXEMPTION Customer is exempt from all taxes of any kind, including but not limited to, sales tax, use tax, and excise tax. Tax exempt certificates are on file at Customer's Purchasing Office. 16. INSURANCE REQUIREMENTS DM. Data shall maintain, through the performance of its obligations under this Agreement, a policy or policies of Worker's Compensation insurance's with such limits as may be required by law, and a policy or policies of general liability insurance's insuring against liability for injury to, and death of, persons and damage to, or destruction of, property arising out of or based upon any act of or based upon any act or omission of D.M.Data or any of its subcontractors or their respective officers, directors, employees or agents. Such general liability insurance shall meet Customer coverage requirements, and shall indemnify and hold harmless Customer. A copy of these policies will be provided annually to Customer. Changes to policies shall be provided to Customer immediately. AGREEMENT FOR SYSTEM PURCHASE Pg. 5 of~/ FORM DMI00 17. FORCE MAJEURE DM. Data and Customer shall not be liable for delays in the performance of services or delivery of products ordered hereunder arising out of causes beyond the control and without the fault and negligence of D.M.Data. Such causes include but are not restricted to acts of God; the public enemy; or the government; fires, flood, epidemics, quarantine, restrictions, strikes, labor unrest, freight embargoes, unusually severe weather, and defaults or delays of suppliers due to any of such causes. 18. NONDISCRIMINATION BY VENDORS OR AGENTS OF VENDOR Neither DM.Data nor anyone with whom DM. Data shall contract shall discriminate against any person employed or applying for employment concerning the performance of D.M.Data responsibilities under this Agreement. This discrimination prohibition shall apply to all matters of initial employment, tenure and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, sex, religion, age, national origin, or ancestry. A breach of this covenant may be regarded as a default by DM.Data of this Agreement. 19. ARBITRATION In those situations where disagreement or disputes cannot be successfully resolved between the parties of this Agreement, Customer and DM.Data agree to the use of binding arbitration to settle the dispute. The parties of this Agreement agree to select and employ a professional arbitrator and conduct the conflict resolution process according to the rules and procedures of the American Arbitration Association. Both parties to this Agreement agree to equally share the professional fees and related expenses of the arbitrator to abide by the directions resulting fi-om the arbitration process. Arbitration hearings shall be held in Palm Beach County, Florida. AGREEMENT FOR SYSTEM PURCI~-~SE Pg. 6 of 7 FORM DM100 20. NOTICES Any notices required or permitted under this Agreement shall be in writing and delivered in person, by facsimile, overnight express or by registered or certified mail, return receipt requested, with proper postage prepaid, and properly addressed as set forth below or as shall be hereafter changed by written notice. Notice shall be effective upon delivery. Facsimile notices shall also be delivered by U.S. mail postage prepaid, or by other means listed above, but shall be effective upon facsimile transmission. The parties herein affirm that the persons and addresses below listed are duly authorized to receive and accept such notice: FOR DM.DATA: FOR CUSTOMER: D.M. Data Corporation Attn: Douglas M. Dorfman 406E Lippincott Drive Marlton, NJ 08043 This Agreement and the Attachments (Appendices A-D) listed below constitutes the entire Agreement, understanding and representations, expressed or implied, between Customer and D.M.Data with respect to the equipment and services. Customer, by its signature acknowledges that it has read this Agreement, understands it and agrees to all its terms and conditions. ACCEPTED: D.M.Data Corporation Authorized Sig(6atUre Printed Name Title CUSTOMER Authorized SignTre Printed Name Date Title / Date ATTACHMENTS Appendix A ......... Accepted Proposal #Bbeac032497d Appendix B ......... C-PLIMS License Agreement Appendix C ......... C-PLIMS Support Agreement Appendix D ......... Statement of Work AGREEMENT FOR SYSTEM PURCHASE Pg. 7 of 7 FORM DMI00 APPENDIX A ACCEPTED PROPOSAL #Bbeac032497d ACCEPTED PROPOSAL APPENDIX A D.M. DATA 406E Lippincott Drive, Marlton, NJ 08053 Tel: 609-596-7817 * Fax: 609-983-3855 To: The City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Phone: 561-375-6100 · Fax: 561-375-6185 Date: April 24, 1997 Expires: June 24, 1997 Submitted by: James Snyder Page: 1 of 9 Proposal #: Bbeac032497d D.M.DATA Corporation appreciates the opportunity to present this propoSal. for: C-PLIMS, COMPREHENSIVE PUBLIC SAFETY INFORMATION MANAGEMENT SYSTEM and related products & services. D.M.Data Corporation offers six substantial reasons for you to choose C-PLIMS: 1. IS EXTREMELY EASY TO USE 2. IS FLEXIBLE 3. IS COMPREHENSIVE AND TOTALY INTEGRATED 4. POSSESSES ADVANCED PROGRAMMING FEATURES 5. PROVIDES EXCELLENT TECHNICAL SUPPORT 6. MAXIMIZES PRICE PERFORMANCE (AFFORDABLE) This proposal will provide your agency with pricing on: STATE-OF-THE-ART IBM RISC HARDWARE TECHNOLOGY · C-PLIMS, PUBLIC SAFETY INFORMATION MANAGEMENT SYSTEM · EXCELLENT TRAINING & INSTALLATION SERVICES This proposal contains the following sections: Summary of Costs Training/Installation and Conversion Software Five Year Investment Analysis Optional Software and Peripherals Acceptance: BY: D.M. DATA Corporation Signed BY: Date Signed The City of Boynton Beach Date Printed Name Title Printed Name Title Boynton Beach Police Department Purchase Amount PSA/ License SOFTWARE System Software (See page 4) C-PLIMS (See page 4) Data Conversion TOTAL SOFTWARE $ 118,875 64,800 10,800 $194,475 $ 18,197 11,664 $29,861 INSTALLATION & TRAINING Esperant Report Writing Training C-PLIMS Classroom Training 2 People UNIPLEX Classroom Training 2 People On-site Training Project Management EMS Training Hardware/Software Set-up TOTAL INSTALLATION & TRAINING $ 85O 1,700 1,700 12,000 17,500 4,000 3,000 $ 40,750 Sub-Total Shipping & Handling (Estimated) GRAND TOTAL $235,225 250 $235,475 29,861 $29,861 Page 2 5/6/97 Cg00,Proposal'-Bosa~ton Beach. FL, Bbeach032~,97d. doc Boynton Beach Police Department Q, antity l Style I Description [ Price ] P.S.A. SYSTEM SOFTWARE 1 5756-393 AIX Ver. 4.1 Unlimited Operating Sys (Inacom) $ 458 1 ONLINE32 Informix Online Runtime 32 Users $11,870 2,136 1 ESQL/C32 Informix ESQL/C 32 Users 1,060 190 1 ISTAR Informix ISTAR (1 User) 750 135 1 ESPERANT Esperant Report Writer 795 143 1 Mapping Custom GIS Interface 5,000 900 1 FCIC/PALMS FCIC/PALMS Interfaced-" Single Entry" * 13,000 1,950 1 E91 l-BASE E911 Interface for 2 Lines 6,000 900 2 E911-ADD'L Additional E911 Line 1,000 150 SITE DMTERM DMTerm Terminal Emulation 3,000 450 1 Barcoding Barcoding SOftware 5,000 900 1 OFFICE UF MS/Office Interface 900 135 1 C-MOBILE/B C-Mobile Base Software 15,000 2,700 1 C-MOBILE/I C-Mobile Installation 12,500 12 C-MOBILE/C C-Mobile Client Software 12,000 1,800 1 C-LAPTOP/B C-Laptop Base Software 5,000 750 12 C-LAPTOP/C C-Laptop Client Software 6,000 900 1 EMS Custom EMS Reporting (3 Stations) 20,000 3,600 TOTAL SYSTEM SOFTWARE $118,875 $18,197 · Bo?aton Beach will provide connectivity to FCIC system. Applications Description ] Price I Annual License C-PLIMS SOFTWARE MODULES: CAD - Police, Fire and EMS DisPatching POLICE - Records, Want & Warrants, Property, Case Management, Traffic '~ Accidents & Citations; Alarms Tracking & Billing, Personnel, Florida UCR, Budget Tracker, Housekeeping, and Parameter Driven Reporting. FIRE- NFIRS, Alarms, Hydrants, HazMats & Inspections Documentation & pre-coded common static files are included with each module at no additional charge. Annual license includes the following support features: · 8:30am - 5:30pm Monday - Friday telephone soft-ware support · Repair of so,rare malfunctions · Standard C-PLIMS releases Your 1st year annual license is included in the c-PLIMS software package price. TOTAL C-PLIMS PACKAGE FOR 24 CONCURRENT USERS $64,800 $11,664 Page 3 5/6/97 C:,00.ProposarBo?~ton Beach. Fld, Bbeach032497d. doc Boynton Beach Police Department D.M.DATA CONVERSION REQUIREMENTS: $10,800 · City must obtain their data and layouts from appropriate party · Data layout must be available to DM.Data · Data must be in ASCII format on a UNIX readable tape · Files to be converted - Geographic coordinates file (If applicable) - Incidents Police complaints and narrative - Records - Accidents - Names/Aliases - Arrests - Warrants - Evidence/Property If the City requires any other files converted it will be done if possible at time and materials Conceptually the conversion can be done in two steps: Step One: Step Two: Convert Geo File & Street File. Build all other necessary files in C-PLIMS. Go Live. Current system for history look-ups for a short while. After go live. Convert all other files.* * Step Two can be broken down in a series of conversions. This ,would be mutually agreed upon by DM.Data and the City. NOTE: Converting your initial data from your current system would provide you with a means to quickly build up pertinent analytical data as well as critical names and incidents within your C-PLIMS system. Thereby providing the City with a faster track to going live and being able to provide a variety of comprehensive and beneficial, on-line queries and printed reports. We will attempt to convert all agreed upon data, however, the City may choose not to convert some data, or data maybe unable to be converted, and may require reentry by City personnel. Page 4 C900;Proposal' Bosxaon Beach. FL',Bbeach032497d. doc 5/6/97 Boynton Beach Police Department DeScription ] Price. C-PLIMS Classroom Training for Trainers $850 per student Five days of formal C-PLIMS classroom training held at the DM.Data training facility in Marlton, New Jersey Uniplex Basic Training for Trainers $850 per week Five days of formal O/A classroom training'for the following modules: Word Processing, Spreadsheet, Advanced Office Systems, Database & File Management. This is a series of five consecutive one day classes. At this time, DM. Data does not offer intermediate or advanced classes. However, these classes are available directly from Uniplex at comparable rates. On-site C-PLIMS Installation Support $800 per day Installation support/training in a Client facility. The training agenda or installation support agenda will be mutually agreed to by DM.Data engineering division and the Client. Hardware/Software set-up $3,000 · Assist in Setting Up · Install & Test System Software · Install & Test Modems · Install & Test C-PLIMS, UNIPLEX & Interfaces * (htstomer is responsible for all travel expenses for D.M. Data personnelperforming on-site time or installation services at the customers location. D.M. Data travel.expenses not to exceed $750 per weekper person ($100 Room & Board, $450 Air Travel & $200 Car Rental). I Description . ] Price PACKAGED INSTALLATION & TRAINING Esperant Report Writer Training $ 850 C-PLIMS Classroom Training the Trainer (2 persons) i,700 Uniplex Classroom Training the Trainer (2 persons) 1,700 On-site Training (15 days) 12,000 Project Management 17,500 EMS Training 4,000 SETUP Hardware/Software set-up 3,000 TOTAL INSTALLATION & TRAINING $40,750 Page 5 C:'O0'Proposal~'Boynton Beach. FL",Bbeach032497d.doc 5/6/97 Boynton Beach Police Department **MAINT? Quantity Description Price P.$.A. 1 Capture/Display/Print Photo Imaging Station, Includes: $21,212 3,182 Pentium/133MHz ComPuter, 8MB, 630MB Disk 17" .28 SVGV Monitor Capture/Display Card & Cable Image Compression Board 1MB Dram Carbon Copy Software & 14.4 Modem Ethernet Card Tiny Term Plus/NFS Software DOS & Windows PictureLink Photo Imaging Software PLServer Software Hitachi Color Video Printer Printer Pack (100 Prints) ' JVC Video Camera Tripod and Lighting Associated Cables and Power Strip Workstation Photo Imaging Software Only 1 PictureLink Display/Print/"Forms" License 3,900 495 * Installation and Training On-Site 4,000 TOTAL PHOTO IMAGING OPTION $29,112 $3,677 The PictureLink System includes a one year warranty, one year technical support via telephone and one year of PictureLink Software updates. The PictureLink System is a dedicated workstation. The addition of any hardware or software to the PC will Void all warranty and support commitments. The PictureLink Display Software is installable on a PC with the following minimum configuration; 486/66mhz 8MB RAM, 1MB VRAM, SVGA Graphics supporting VESA standards, 800x600, 32,0000 colors, SVGA Monitor, Hard Drive, DOS6.0 or greater, Windows3.1, Ethernet Card, PCTCP/IP and DMTerm software. * Customer must provide a phone line for access to the PictureLink Photo Imaging System to allow for software support. * Customer responsible for travel & lodging expenses of on-site training and installation personnel. ** Video mugshot components are 24hr swap out maintenance fl..om DM.Data. Page 6 C:',00~Proposal'~Bo.~ton Beach. FL',Bbeach032497d.doc 5/6/97 Boynton Beach Police Department Quantity Style Description Unit Extended Support I Price Price MainL RISC6000 Server 1 CIM-01 One User C-Image License $ 4,000 $ 4,000 $ 600 1 OP20T Optical Server Software (20GB Juke) 3,995 3,995 600 SCAN/ RETRIEVE/PRINTWORKSTATION 1 PEN/100 Computer Includes: 13,236 13,236 1,800 16MB, Memory 1.6GB HDD, 3.5 FD 20" SVGA Monitor, Windows 95, Mouse, Ethernet Card 1 STXVideo Video Card 1 CD2181 21" Cornerstone High Res. Monitor 1 KF7300-1201 Kofax Document Processor 1 YC 1003-0000 Kofax Scanner Cable 1 C23037A I-I/P LaserJet 5 Printer ~ 1 C3132A 4MB Memory Modules for HP Laser 1 M3096EX Fujitsu 20PPM Scanner OPTICAL SERVER 1 MDI-LB20DX MDI 20GB Desktop Juke Box 5,995 5,995 1,030 1 MDI-CA-IBM RS6000 Adapter Kit 695 695 1 MDI-TERM MDI Terminator 50 50 16 MDILMR1300 MDI 1.3GB Media, Rewritable 110 1,760 IN STALLATION/TRAINING . 1 C-Image Install & Training 1,600 1,600 TOTAL DOCUMENT IMAGIIqG HARDWARE $31,331 4,030 · Installation and Training Included with the C-PLIMS On-Site Training · Hardware items proposed includes a one year warranty from date of delivery. · Travel and living expense are additional, due when services are rendered. Note: Each Image retrieval workstation the client wishes to interface must have Windows 95 SVGA Monitor, an Network Card, FTP PCTCP/IP Software a minimum of 16MB of memory and a mouse. D.M.Data cannot guarantee compatibility of third party personal computers with respect to the C-IMAGE document Imaging software. The C-IMAGING System is a dedicated workstation. The addition of any hardware or software to the PC will void all warranty and support commitments. Page 7 C:x00\Proposal',Boynton Beach. FExBbeach032497d. doc 5/6/97 Boynton Beach Police Department Unit Extended ES.A. Quantity Description Price Price ANL I C-PLIMS Mobile Base Server Software $15,000 15,000 2,700 Functions to Include: Remote Incident Initiation, Database Inquiries, Digital Dispatch (Silent Dispatch) Incident Inquiry, Flag Message Inquiry, Status Updating, and FCIC/NCIC Inquiry. I Base Installation, Engineering, Train, Software Set-up 12,500 12,500 C-MOBILE Notebook Client Per Car: I Mobile Computer Mounts Est., & Computer Install 600 600 1 Panasonic CF-25 Pent/100Mhz Ruggidized Notebook, 3,771 3,771 t6MB Memory, 840MB Disk, 3.5" Floppy Active Matrix Color Mtr, PCMCIA Slot, Windows3x 1 Extra Batteries 190 190 1 AC Adapter $105 and 1 Battery charger $280 385 385 1 C-MOBILE Mobile Notebook Client Software 1,000 1,000 C-LAPTOP Software Option 1 C-LAPTOP ReportWriting Server Software 5,000 5,000 1 C-LAPTOP ReportWriting Notebook Client Sof~ware 500 500 SUBTOTAL C-LAPTOP ReportWritin$ $5,500 TOTAL C-MOBILE MPC, C-LAPTOP SYSTEM $ 38,946 $2,700 ICost estimates do not include communications hardware (radios) necessary }'or C-Mobile implementation. DM.Data will cooperate with the City radio supplier or local cellular company to determine configuration. page 8 5/6/97 C:~00~Proposal',Bo~ton Beach. FL',Bbeach032497d.doc Boynton Beach Police Department Description I Price SOFTWARE NCIC/FCIC NetWorked "Hot Key" $ 5,500 Additional E911 (Extra Line) 500 C-PLIMS Upgrade to 32 Users 21,600 True£ax Sot~ware and RS6000/Modem 3,750 Page 9 C:~00'Proposal',Boynton Beach. FL\Bbeach032497d. doc 5/6/97 APPENDIX B C-PLIMS LICENSE AGREEMENT (1) DM.Data hereby grants and Customer accepts, upon terms and conditions set forth in this Agreement, a non-transferable and non-exclusive license to use the Licensed Software and Licensed Documentation in connection. This license is granted for a maximum of twenty-four (24) concurrent users for Police. This license is extended to include the additional program products listed in schedule B, "other program products". (2) Customer acknowledges that the program is a valuable trade secret of D.M.Data and that accordingly this agreement establishes a confidential relationship between DM.Data and customer. Customer shall not copy or reproduce in any way, in whole or in part, the program documentation furnished by DM. Data without prior express written consent ofD.M. Data. Customer shall not sell, transfer, or otherwise make available in any way to any other person, in whole or in part, the program documentation furnished by D.M. Data except customer may make copies for exclusive internal use only. In order to assist Customer in the event of an emergency, Customer is permitted to make up to two (2) backup copies on magnetic media of each application of the Licensed Sol,are and one back up copy of the related Licensed Documentation. These Authorized Copies may be stored offsite away from Customer's premises as specified in the Agreement for System Purchase so long as they are kept in a location secure from unauthorized use. Customer or anyone obtaining access through Customer shall not copy, distribute, disseminate or otherwise disclose to any .third party the Licensed Products in whole or in part, in any form or media. The restriction on making and distributing the Licensed Products, includes without limitation, copies of the following. (i) Program libraries, either source or object code; (ii) Operation control language; (iii) Test Data, sample fields, or file lay outs; (iv) Program Listings; and (v) Licensed Documentation Upon written request by Customer, and with written permission by DM.Data, additional Authorized Copes may be made for Customer's internal use only. DM.Data agrees that the records of Customer must remain confidential and further agrees that neither DM.Data nor its employees will disclose such records or any portion thereof to any person whomsoever without the express prior written consent of Customer. All records entered into the database of Customer or supplied by Customer are and shall remain the sole property of Customer. D.M.Data shall not, without Customer's written consent, copy or use such records except to carry out contract work with Customer, and will not transfer such records to any other party C-PLIMS LICENSE AGREEMENT Pg. 1 of 6 APPENDIX B (3) (4) (5) (6) not involved in the performance under this Agreement, and will return submitted recOrds to Customer upon the completion of the work hereunder. Customer shall be exclusively responsible for the supervision, management, and control of its use of the program. Customer's sole remedy~ regardless of the form of the action, for the breach of this agreement by DM.Data or for any claim arising from the subject matter 0fthis agreement shall be limited to the return of the license fee paid during that calendar year plus all moneys paid for the base system amortized over seven (7)' years. The license fee is set forth in paragraph 8 attached hereto. Claims must be bona fide, material and substantial as directly affecting the sof~ware product's performance in relation to the purpose and not related to operator error or hardware malfunction and/or system software shortcomings of the computer manufacturer. The parties agree that all disputes under this agreement, shall be resolved at first by negotiation between the parties who shall make their best efforts in good faith at resolution prior to employing all legal remedies available. Any damages beyond that stated as remedy in the paragraph above, Shall be determined by the parties or by a court of competent jurisdiction based upon the benefit derived by customer during use. Claims herein are subject to the terms and conditions set forth in the Acceptance, Non-Performance, Termination and Arbitration clauses. DM.Data grants an irrevocable and perpetually renewable license provided customer is not in default of any provisions of this agreement, including, but not limited to payment in advance of annual license fee (see paragraph 8). In the event DM.Data fails to provide customer contracted maintenance for the program, for any reason other than default by customer, DM.Data agrees to .authorize its escrow agent, who is listed below, to furnish to customer upon request all source and object testing, technical documentation and other information for use, maintenance, modification and correction of the most current version of the program provided to customer. DM.Data shall place in escrow with the agent listed below one (1) copy of the source code for the program provided by D.M. Data under this agreement. Upon release of any new versions of the program, DM.Data, at no cost to customer, shall place into escrow with the escrow agent one (1) copy of the updated source code. ESCROW AGENT: Nicholas J. Costa, Esquire 2039 Briggs Road PO Box 1615 Mount Laurel, NJ 08054 C-PLIMS LICENSE AGREEMENT Pg. 2 of 6 APPENDIX B (7) TERMINATION IfD.M. Data fails to provide the Licensed Software as warranted in accordance with the terms of this Agreement, Customer may at its option terminate this Agreement with ninety (90) days written notice as follows: (i) The termination notice shall provide a detailed description (with examples) of any warranty defects claimed; (ii) DM.Data shall have ninety (90) days from receipt of said notice to correct any warranty defects in order to satisfy the terms of this Agreement; (iii) During the ninety day cure period, Customer shall apply sound management practices and use its best efforts to resolve any issues or obstacles-including cooperating with DM.Data and reassigning personnel to improve the working relationship; (iv) At the end of ninety (90) days unless the termination has been revoked in writing by Customer, the Agreement terminates This paragraph may only be invoked subject to the Acceptance, Non-Performance, warranty, and Arbitration clauses and may be invoked on a module-by-module basis. (8) ANNUAL LICENSE FEE (PAYABLE TO D.M.DATA) A. Customer agrees to make payment to DM.Data each year for amounts that are billed and due. Customer will be billed at least 60 days prior to dUe date. B. Licensed software license fees amount is: C-PLIMS .................... $9,720 C. License fee for the initial year is free. The license fee amount is secured through 1999 and will be billed annually. Starting in 2000, the license fee will be subject to a percentage increase. This percentage will be no greater than the percentage increase of the consumer price index of the year but not less than 10%. D. There is no annual license fee for "other program products" as listed in Schedule B. C-PLIMS LICENSE AGREEMENT Pg. 3 of 6 APPENDLX B SCHEDULE A PROGRAM PRODUCT SPECIFICATIONS GENERAL FEATURES The D.M.Data Public Safety Information Management System C-PLIMS is a live, interactive processing program comprised of eleven (15) computer modules: 1. Computer Aided Dispatching (Police, Fire, EMS) 2. Master Names File (Police) 3. PersonneL/Training (Police) 4. Traffic (Police) 5. Warrants (Police) 6. Case Management (Police) 7. Property, (Police) 8. Florida UCR (Police) 9. Alarms (Police) 10. Records (Police) 11. C-PLIMS Central Data Repository 12. NFRS Reporting (Fire) 13. Hazmats (Fire) 14. Inspections (Fire) 15. Hydrants (Fire) MAJOR FEATURES: 1. System security at all levels of operation 2. Formatted screen terminal input 3.' User friendly computer prompter 4. Extensive error checking 5. Audit/Edit Checking 6. Automatic comprehensive logging 7. User-defined code tables 8. Field level help 9. Graphical user interface (xvhen available) CONTRACTED INTERFACES: The following software products are hereby incorporated as part of this C-PLIMS license product: FCIC/FALMS Interface (Single Entry Version) E-911 Interface DMTerm Terminal Emulation Barcoding Software C-Mobile Software C-Laptop Sofhvare C-Map Mapping Interface EMS Reporting C-PLIMS LICENSE AGREEMENT Pg. 4 o~6 APPENDIX B SCHEDULE B OTHER PROGRAM PRODUCTS D.M.Data hereby grants and customer accepts, a personal, non-transferable and non- exclusive right and license to use the following licensed programs, hereunder in the following schedule (and those ordered from time to time by customer subject to written acceptance by DM.Data). The customer also agrees to read each manufacturer's program license and to be bound by the terms of that license. MANUFACTURER INFORMIX 4100 Bohanan Dr Menlo Park, CA 94025 TPS 14100 San Pedro Ave, Ste 600 San Antonio, TX 78232-4399 Sofhvare AG 11190 Sunrise Valley Drive Reston, VA 22091 DESCRIPTION Online Runtime (32 user) ESQL/C Runtime (32 user) ISTAR (luser) 3270Plus Esperant Report Writer SERIAL # C-PLIMS LICENSE AGREEMENT Pg. 5 of 6 APPENDLX B (9) SYSTEM ACCEPTANCE: D.M. Data and Customer will perform an Acceptance Test upon the installation of each defined Licensed Standard Software item. The Acceptance Test will consist of an On-Site demonstration to verify the features/functionality. The Acceptance Test will be performed at the time of installation of Licensed Standard Software item. Any module that lacks substantial functionality will be considered to have failed the Acceptance Test. In this event, the client has the privilege to rescind the contract, return all items delivered from DM.Data and receive their money back. Any item that does not pass the Acceptance Test will be included on a mutually acceptable work plan, for the purpose of resolving these items. Unless the Licensed Standard Software lacks substantial functionality, Acceptance will be granted when the Acceptance Test is completed and if required, a mutually acceptable work plan to resolve identified issues is produced. 10. WARRANTY DM.Data warrants that the Licensed Standard Software will perform as specified in its user manuals. DM.Data warrants that the Turnkey Solution will allow the Licensed Software to operate as specified in the Licensed Documentation. D.M.Data warrants that it possesses the necessary intellectual right to license to Customer the Licensed Software provided hereunder. The Warranty described becomes effective upon. installation of components by DM.Data. C-PLIMS LICENSE AGREEMENT Pg. 6 of 6 APPENDIX B I APPENDIX C C-PLIMS SUPPORT AGREEMENT DM. Data agrees to provide and customer agrees to accept program support for the Licensed Products. (1) TELEPHONE HOT-LINE SERVICE D.M.Data will provide telephone hot-line service to customer during normal business hours, excluding holidays (Monday through Friday, 8:00am - 5:00pm EST) by dialing (609) 596-7817. Customer will insure that only personnel properly trained in usage of C-PLIMS will utilize the telephone "hot-line". Customer will identify qualified personnel on Schedule C. Phone support inquiries will be handled as they occur by assigned DM.Data support staffat D.M.Data offices. DM.Data will respond to all calls promptly and accurately as time and the call topic permits. All phone support calls should be directed to the DM. Data "hot-line". A 24-hour, 7-day a week beeper service will be provided at a cost of $90 per event. If Customer management believes at any time that D.M.Data phone support is not being responsive, then D.M.Data and Customer management shall consult and address all phone support issues to their mutual satisfaction taking into consideration the history and timeliness of phone support and the relative severity of the issues being addressed. (2) PRODUCT RELEASES DM.Data will provide periodic releases of Licensed Software and/or its interfaces. Reported high priority "bugs" submitted prior to the first day of the month that precedes a scheduled beta release will be addressed in that release. Releases will include updated Licensed Documentation relative to any code changes and/or changes in operation. Each release will also include implemented customer suggested enhancements. D.M.Data will allot time to perform code enhancements for each release. It is at the sole discretion of D.M.Data to determine the content of enhancements for each release. C. Customer will install all releases in a timely manner. C-PLIMS SUPPORT AGREEMENT Pg. 1 of 5 APPENDIX C DM.Data will distribute all Upgrades to Licensed Software and Licensed Documentation to Customer on magnetic media or other means, as appropriate. (3) GENERAL D.M.DATA RESPONSIBILITIES Based on customer interest, D.M.Data will participate in user group meetings. The purpose of the meetings is to discuss Licensed Software utilization, product status and future enhancements. DM.Data will endeavor to provide program support as promptly as is reasonable. The time in which error correction or detour can be devised and tested cannot be accurately assessed in advance. So long as the customer is not in default of any part of the agreement, DM.Data warrants all Licensed Software and Licensed Documentation delivered per D.M.Data's proposal in Appendix A. DM.Data will use necessary and expected effort to correct any error or malfunction in the Licensed Software or. interfaces. DM.Data does not guarantee program support service or represent or warrant that all errors or all malfunctions can be corrected. D.M.Data expressly states that this agreement obligates DM.Data to 1, 2 and 3, above, and obligates DM.Data to specific programming changes required to coincide with federal, state and locally mandated requirements. If the mandated requirements are substantial and would cause considerable burden to DM.Data, the cost of these changes can be billed to each customer based on DM.Data's cost divided equally by the total of all customers accepting such changes. With timely notification, DM.Data will make a good faith effort to provide the Customer with all federal, state, and locally mandated changes by their enforcement date that are prescribed by the aforementioned bodies. In the event that DM.Data is unable to supply the changes by the enforcement date, Customer will be credited the equivalent prorated share for the module in question of the support fee in that month for every week DM. Data is tardy DM.Data reserves the right to assign personnel or to subcontract to third parties that are, in D.M.Data's sole judgment, qualified to render the services. DiM.Data agrees not to assign the purchase or support agreements to any third party without prior written notification to the Customer. (4) GENERAL CUSTOMER RESPONSIBILITIES A. Customer agrees to pay D.M.Data the amount(s) set forth in this agreement. C-PLIMS SUPPORT AGREEMENT Pg. 2 of 5 APPENDIX C Media (such as tapes/disks provided by DM.Data) and their associated delivery costs are chargeable at the same rate as costs are incurred by DM.Data. (5) CANCELLATION OF DEFAULT D.M.Data reserves the right to cancel this agreement if customer is in default of payment of any amount due under this agreement for a period of three months (90 days) or may be canceled anytime upon default by the other party or any other covenant of this agreement if such default is not corrected within four months (120 days) after receipt of written notice thereof. (6) LIMITATION OF LIABILITY D.M.Data shall not be liable to customer for indirect, special or consequential damages arising out of any breach of this agreement or of any obligation under this agreement or any claim made against customer by any other party, even ifD.M.Data has been advised of the possibility of such claims. Customer's sole remedy, regardless of the form of the action, for the breach of this agreement by DM.Data or for any claim arising from the subject matter of this agreement, shall be limited to the return of the support fee paid during that calendar year. Claims must be bona fide, material, and substantial. Note that "damage and liability" includes all license fees and services paid to date. (7) ANNUAL SUPPORT FEE Customer agrees to make payment to D.M.Data each year. DM. Data will bill customer at lease 60 days prior to due date. Support fee for the initial year is free. The support fee amount is secured through 1999. Starting in 2000, the support fee will be subject to a percentage increase. This percentage will be no greater than the percentage increase of the consumer price index of the year but not less than 10%. C-PLIMS SUPPORT AGREEMENT Pg. 3 of 5 APPENDIX C C. Support programs and contracted interfaces C-PLIMS Police, Fire & EMS (24 user) AIX V4.1.3 (Unlimited users) DMTEI~2vl (Site License) INFORMIX Database (32 user) INFORMIX ISTAR (1 user) Esperant Report Writer Custom GIS Interface FCIC/PALMS Interface (Single Entry) E-911 Interface Barcoding Software MS/Office Interface C-Mobile Software C-Laptop Software Custom EMS Reporting $1,944 458 450 2,326 135 143 900 1,950 1,050 900 135 4,500 1,650 3,600 ANNUAL SUPPORT FEE TOTAL $_20,141 Do Reasonable travel and related expenses, unless otherwise approved by Customer, shall be in accordance with D.M.Data's Corporate travel policy. (8) STAFFING The Customer and D.M. Data understand that the successful installation, testing, and operation of the system that is the subject of this Agreement shall be accomplished by a cooperative effort. To most effectively manage this complicated process, D.M.Data shall designate a single representative to act as ex-officio member of Customer's project management team and shall have the authority to act on behalf of D.M.Data on all matters pertaining to this Agreement. In the event D.M. Data wishes to change any of Rs designated representatives assigned to the Customer's team, D.M.Data shall provide advanced written notification to the Customer prior to such a change. D.M.Data, at its sole discretion, will assign-qualified staff who are capable of serving in said capacities to complete a timely and successful implementation. C-PLIMS SUPPORT AGREEMENT P.g. 4 of 5 APPENDIX C SCHEDULEC HOT-LINE SUPPORT AGREEMENT The DM. Data Corporation "C-PLIMS" Hot-Line is reserved for DM.Data clients only. In order to assure continuity in support, it is critical that only qualified personnel use the Hot-Line. The D.M.Data Hot-Line agrees to only respond to product trained members of the installation management team. The following are the persons qualified for Hot-Line access. Customer will report changes to the list, as they Occur. it NAME ASSIGNMENT 1 2 3 4 5 C-PLIMS SUPPORT AGREEMENT Pg. 5 of 5 APPENDLX C APPENDIX D -STATEMENT OF WORK The City of Boynton Beach will pay DM. Data the amount due after each line item is completed and accepted within thirty (30) days. DM.Data shall demonstrate the following before the City accepts the system. Acceptance will be made in favor of DM.Data if unreasonable delay is caused by customer or any of its employees..DM.Data will notify City in writing when they believe such a delay has occurred. DM.Data will have 180 days from the date of system hardware/software delivery to complete and perform the following acceptance Rems and reasons why the system did not meet acceptance: In the event the 180 days pass without system acceptance, the customer shall continue to provide written timely .notification of which items on this list are deemed unacceptable, and D.M.Data will be granted additional 180 days from that period to complete the system acceptance. On the first day after the second 180 days if the system acceptance is not met the customer may withhold and keep the C-PLIMS software maintenance fees for the first six month period of the second year. D.M. Data will supply, through Inacom, C-PLIMS and all of the related products, training and services outlined in proposal #Bbeac032497d. Upon receipt of the RS/6000 hardware, configured as per our recommendations, D.M. Data will load the AIX operating system and all of the necessary software for a successful C-PLIMS implementation. D.M. Data will deliver the RS/6000 to the City of Boynton Beach and install the system to work with the existing ethernet network. D.M. Data, at contract signing, will assume all responsibility for the ongoing maintenance and support of C-PLIMS for one (1) year and thereafter based upon renewal of license and support agreements. The CRy of Boynton Beach is required to provide all.of the necessary system connectivity including network interface cards find Windows 95 for the workstations, cabling and communications equipment for remote sites. DM.Data will install DMTerm terminal emulation software on workstations requiring C-PLIMS access. D.M. Data will develop a custom interface to the existing Arclnfo geographical information system that will allow the City of Boynton Beach criminal statistics "pin- mapping" capabilities. The City of Boynton Beach must supply the Arclnfo GIS system and will be responsible for the creation, maintenance and support of the GIS system and it's related data. D.M. Data will develop a FCIC/PALMS interface that will allow single entry access to both systems through the CAD module.~ The City ofBoynton Beachmust obtain the access to the FCIC and PALMS systems and supply all necessary components such as lines, modems and addresses. STATEMENT OF WORK Pg. I of 2 APPENDLX I) 10 D.M. Da~a will provide an 1/911 interface for up to four (4) lines the! will allow importation of caller information dir~c'tly into the C-PLLMS call-taker s~r~n. TM City of Boynton Beach must provide an £911 system that is capable ora CAD interface and all necessary cabling. D.M. Data will provide barcoding software that will allow the creation and reading of barcodes for us~ in the C-PLIMS property module The City of Boymon Beach must provide the necessary hardware including a PC, compatible barcode r~der and printer. D.M. Data will furni~ the C-MOBILE md C-CLTR software that will provide mobile computing and laptop rcl~ort entry ~apabilities. The City of Boymon Beach must supply and install all of the necessary hardware, mounts, communications equipment and associated cabling and antennas. D.M. Data will develop an EMS r~porting module as per the specifications outli~ed in the Boynton Beacl~ Fire:D~artment Memorandum No. 97-435. The City of Boynton Beach must provide all of the net, essary hardware and connectivity for the EMS workstations. D.M. Data will &velop a utility, to import MicroSoft Word do~un~nts into tho C- PLIMS wOrd processor for us~ in areas such as Long Narrative, Flags and SOPs. The City's license and support for C-PLIMS and related software will continue through September 30, 1998 or one (1) year from installation, whichever is the latter ofthe two. The City's hardware maintenance will comme ce upon installation. C-pLIMS LIC~.N~Z AGRI~ ,APPENDIX D