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HomeMy WebLinkAboutC-2094 \tom-10 AMENDMENT NO. 18 TO THE PROFESSIONAL SERVICES AGREEMENT FOR PSNET PUBLIC SAFETY SYSTEM PROJECT WITH EXECUTIVE INFORMATION SERVICES, INC. This Amendment No. 18 ("Amendment No. 18") is hereby entered into on this day of:J1 2021, by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and Executive Information Services, Inc. a Nevada Corporation, with respect to that certain Professional Services Agreement between the parties dated July 13, 2004 (the "Agreement"), as amended by Amendment No. 1, dated October 4, 2005, as further amended by Amendment No. 2, dated August 8, 2006, as further amended by Amendment No. 3, dated June 12, 2007, as further amended by Amendment No. 4, dated June 17, 2008, as further amended by Amendment No. 5, dated June 16, 2009, as further amended by Amendment No. 6, dated December 13, 2010, as further amended by Amendment No. 7, dated June 29, 2011 , as further amended by Amendment No. 8, dated June 27, 2012, as further amended by Amendment No. 9, dated July 24, 2013, as further amended by Amendment No. 10, dated July 9, 2014, as further amended by Amendment No. 11 , dated July 8, 2015, as further amended by Amendment No. 12, dated August 26, 2015, as further amended by Amendment No. 13, dated July 27, 2016, as further amended by Amendment No. 14, dated July 5, 2017, as further amended by Amendment No. 15, dated June 20, 2018, as further amended by Amendment No. 16, dated July 10, 2019, and as further amended by Amendment No. 17, dated July 21, 2020. The Parties agree as follows: 1. Section 3.1.2 of the Agreement, the Term is amended by extending the term from July 1, 2021, through June 30, 2022 (the "Extended Term"). 2. Section 3.3.1 of the Agreement, the Compensation is amended for the Extended Term as referenced in the attached Exhibit "C". 2. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. [SIGNATURES ON NEXT PAGE] 1 In witness whereof the parties have executed this Amendment No. 18 on the date set forth below. CITY OF ARCADIA EXECUTIVE INFORMATION SERVICES, INC. Domi Lazzarett• 1 David Hieb City Manager Vice President, Client Services Date: `�v l �,I ) 2A24 Date: ATTEST: J/4— City Clerk Justin Davis Vice President, Research & Development APPROVED AS TO FORM: Date: pCONCUR: Stephen P. Deitsch City Attorney Roy Nakamura Chief of Police 2 Exhibit "C" COMPENSATION The Agreement is amended to provide that the total compensation for the Extended Term from July 1, 2021, through June 30, 2022, shall not exceed Thirty-Five Thousand Four Hundred Forty-Hour Dollars and Zero Cents ($35,444.00), as referenced in the attached support quote dated February 5, 2021. 3 Quote QT000002 Date 2/5/2021 tIIIIIIIIIVillIllIllIllr AMIPAPr110 Due Date 2/5/2021 Customer No. ARC1700 Page 1 of 1 Bill To Ship To Arcadia Police Department Arcadia Police Department Attn:Audree Luevano 250 West Huntington Drive 250 West Huntington Drive Arcadia,CA 91066 Arcadia,CA 91066 United States United States Contract/Project Number Purchase Order Payment Terms Currency Start of Maint Period HARRIS-US$ Item No Description Quantity Unit Price Amount NOTE Annual EIS Support Quote 1.00 0.00 0.00 MAINT Law Records Management,CAD 1.00 35,444.00 35,444.00 Subtotal 35,444.00 Misc 0.00 Remit To: Executive Information Services, Inc. Taxes 0.00 PO BOX 74008484 Total 35,444.00 Chicago, IL 60674-8484 4111N Invoice Questions? Please call 888-847-7747 or email ar@goeis.net t, -,I Tax Exempt? Please send your exemption certificate to the email address above. , <vi:, Thank you for your business! C-2019 McO- AMENDMENT NO. 17 TO THE PROFESSIONAL SERVICES AGREEMENT FOR PSNET PUBLIC SAFETY SYSTEM PROJECT WITH EXECUTIVE INFORMATION SERVICES, INC. -his Amendment No. 17 ("Amendment No. 16") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and Executive Information Services, Inc. a Nevada Corporation, with respect to that certain Professional Services Agreement between the parties dated July 13, 2004 (the "Agreement"), as amended by Amendment No. 1, dated October 4, 2005, as further amended by Amendment No. 2, dated August 8, 2006, as further amended by Amendment No. 3. dated June 12, 2007, as further amended by Amendment No. 4, dated June 17, 2008, as further amended by Amendment No. 5. dated June 16. 2009. as further amended by Amendment No. 6, dated December 13, 2010, as further amended by Amendment No. 7, dated June 29, 2011, as further amended by Amendment No. 8. dated June 27, 2012, as further amended by Amendment No. 9, dated July 24, 2013, as further amended by Amendment No. 10, dated July 9, 2014, as further amended by Amendment No. 11, dated July 8, 2015, as further amended by Amendment No. 12, dated August 26, 2015, as further amended by Amendment No. 13, dated July 27, 2016, as further amended by Amendment No. 14. dated July 5, 2017. as further amended by Amendment No. 15, dated June 20, 2018. no as further amended by Amendment No. 16. dated July 10, 2019. The Parties agree as follows: 1. Section 3.1.2 of the Agreement. the Term is amended by extendina the term iron: July 1, 2020, through June 30, 2021 (the"Extended Term", 2. Section 3.3.1 of the Aareement. the Compensation is amended for the Extended Term as referenced in the attached Exhibit"C". 2. All of the remaining terms and provisions of the Agreement are hereby reaffirmed ;SIGNATURES ON NEXT PAGE] n witness whereof the parties have executed this Amendment No. 17 on the nate set forth below. CITY OF ARCADIA EXECUTIVE INFORMATION SERVICES. INC. • Dominic Lazzaretto David Hieb .;ity Manager Vice President,Client Services Dater # 2-1 7� __ Date. C: ATTEST V v Clerk / gal 11— L* .itJustin Davis 'lice President. Research & Deveioomen: APPROVED AS TO FORM: Date: "-7—/f-2-4° 44, 1- JONCUR: Stephen P. Deitsch City Attorney Aa' R••ert Guthrie ief of Police : nit,it"C" COMPENSATION The Agreement is amended to provide that the total compensation for the Extended Term from July 1, 2020, through June 30, 2021. shall not exceed Thirtv-Tnree Thousand Seven Hundred Fifty-Seven Dollars ($33,757.00). as referenced in the attached support services letter dated May 20, 2020. Wit- 411:2=0 May 20.202( Arcadia Police Department Attention: Audree Luevano 250 West Huntington Drive Arcadia.CA 91066 Dear Ms.Luevano: This letter is to confirm that our support rate for the 2020-21 support year will remain 533,757.00. Thank you for your continued support and we look forward to working with you in the coming year. If you have any questions about the support plans or would like to discuss other support options,please feel free to contact us. Best regards. David Hieb VP Client Services Executive Information Services.Inc. 1396 NE 20th Ave..Suite 100 Ocala.FL 34470 Tel:352-236-4500 Fax:209-370-9921 Rachelle Arellano From: Stephen Deitsch <Stephen.Deitsch@bbklaw.corn> Sent: Tuesday, July 21, 2020 10:44 AM To: Rachelle Arellano Subject: RE: City Attorney Review Folder 7-21-2020 Rachelle, I have reviewed and approve as to form amendment No. 17 to the PSA with Executive Information Services, Inc., re PSNET Project. Please use my stamped signature for this purpose. Thanks. Steve x = Stephen Deitsch Partner stephen.deitsch@bbklaw.corn 1":(909)483-6642 C:(951)662-9343 www.BBKClaw.coA L -C7_ BB&K eCommunications changed July 1.Subscribe for Legal Alerts,Webinar invitations and more! Stay at home and public health orders issued in multiple counties across the U.S. require our offices to be physically closed. Because all staff are working remotely, all documents(including correspondence, pleadings, and discovery) wwill be served via e-mail until further notice. Because we may not receive regular other deliveries during this period of time, please e-mail copies of anything you send by iegular snail or delivery. Send all e-served documents in your case to the e-mail ail addresses for any Best Best& Krieger LLQ who has appeared in your case, or who has communicated with you by e-mail on your matter. From: Rachelle Arellano [mailto:rarellano@arcadiaca.gov] Sent: Tuesday, July 21, 2020 10:18 AM To: Stephen P. Deitsch Cc: City Attorney Subject: City Attorney Review Folder 7-21-2020 CAUTION L EXTERNAL SENDER. Hi Steve, Attached is a folder with the following items for your review: 1. Covenant— 1225 Holly Avenue - Planning 2. Amendment No. 3 — PSA for Radio Communications — PD 3. Amendment No. 17 — PSNET Public Safety System Project- PD 4. PSA— Senior Meals —Trio Community Meals — RCSD Thank you, 1 C-2DcLI \\ I° AMENDMENT NO. 16 TO THE PROFESSIONAL SERVICES AGREEMENT FOR PSNET PUBLIC SAFETY SYSTEM PROJECT WITH EXECUTIVE INFORMATION SERVICES, INC. This Amendment No. 16 ("Amendment No. 16") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and Executive Information Services, Inc. a Nevada Corporation, with respect to that certain Professional Services Agreement between the parties dated July 13, 2004 (the "Agreement"), as amended by Amendment No. 1, dated October 4, 2005, as further amended by Amendment No. 2, dated August 8, 2006, as further amended by Amendment No. 3, dated June 12, 2007, as further amended by Amendment No. 4, dated June 17, 2008, as further amended by Amendment No. 5, dated June 16, 2009, as further amended by Amendment No. 6, dated December 13, 2010, as further amended by Amendment No. 7, dated June 29, 2011, as further amended by Amendment No. 8, dated June 27, 2012, as further amended by Amendment No. 9, dated July 24, 2013, as further amended by Amendment No. 10, dated July 9, 2014, as further amended by Amendment No. 11, dated July 8, 2015, as further amended by Amendment No. 12, dated August 26, 2015, as further amended by Amendment No. 13, dated July 27, 2016, as further amended by Amendment No. 14, dated July 5, 2017, and as further amended by Amendment No. 15, dated June 20, 2018. The Parties agree as follows: 1. Section 3.1.2 of the Agreement, the Term is amended by extending the term from July 1, 2019, through June 30, 2020 (the "Extended Term"). 2. Section 3.3.1 of the Agreement, the Compensation is amended for the Extended Term as referenced in the attached Exhibit "C". 2. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. [SIGNATURES ON NEXT PAGE] 1 In witness whereof the parties have executed this Amendment No. 16 on the date set forth below. CITY OF ARCADIA EXECUTIVE INFORMATION SERVICES, INC. 4 id ominic zzaretto Adam Missler City Ma ager CEO Date: Date: -20// , 6-26 2vr y ATTEST: II Lai Cit Clerk i Y David Hieb Director 6---„26 APPROVED AS TO FORM: Date: Gj / ( CONCUR: 4_4 Stephen P. Deitsch • City Attorney :: 74)111P1-1! Rob-rt Guthrie Chief of Poli 2 Exhibit "C" COMPENSATION The Agreement is amended to provide that the total compensation for the Extended Term from July 1, 2019, through June 30, 2020, shall not exceed Thirty-Three Thousand Seven Hundred Fifty-Seven Dollars ($33,757.00), as referenced in the attached support services letter dated February 12, 2019. 3 Executive Information Services,Inc. 1396 NE 20th Avenue,Suite 100 Ocala,FL 34470 352\236-4500 Everrdire/irfurruutiou Services,Inc. February 12,2019 City of Arcadia Police Department 250 West Huntington Drive Arcadia,CA 91066-6021 Attention: Jennifer Brutus Senior Management Analyst RE: Support Services Budget Dear Ms. Brutus, Our records show that your current annual support services for the EIS systems installed in the Arcadia Police Department are set to expire on June 30,2019. EIS Support Services are invoiced on an annual basis. This letter provides information you may find helpful in preparing your next annual budget. Date of Renewal: July 1,2019 Term: 12 months Installed Systems: CAD Records Management Mobile Digital Los Angeles County Interface Citizen Service Portal Current Amount: $32,150.00 (2018-19) Renewal Amount: $33,757.00 (2019-20) As always, if you have any questions or problems with support services budget or require additional information,please feel free to contact me or your EIS Account Manager. V ry truly yours, Thomas S.King, I AMENDMENT NO. 15 TO THE PROFESSIONAL SERVICES AGREEMENT FOR PSNET PUBLIC SAFETY SYSTEM PROJECT WITH EXECUTIVE INFORMATION SERVICES, INC. This Amendment No. 15 ("Amendment No. 15") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and Executive Information Services, Inc. a Nevada Corporation, with respect to that certain Professional Services Agreement between the parties dated July 13, 2004 ("the Agreement"), as amended by Amendment No. 1, dated October 4, 2005, as further amended by Amendment No. 2, dated August 8, 2006, as further amended by Amendment No. 3 dated June 12, 2007, as further amended by Amendment No. 4, dated June 17, 2008, as further amended by Amendment No. 5, dated June 16, 2009, as further amended by Amendment No. 6, dated December 13, 2010, as further amended by Amendment No. 7, dated June 29, 2011, as further amended by Amendment No. 8, dated June 27, 2012, as further amended by Amendment No. 9, dated July 24, 2013, as further amended by Amendment No. 10, dated July 9, 2014, as further amended by Amendment No. 11, dated July 8, 2015, as further amended by Amendment No, 12, dated August 26, 2015, as further amended by Amendment No. 13, dated July 27, 2016, and as further amended by Amendment No. 14, dated July 5, 2017. The Parties agree as follows: 1. Section 3.1.2 of the Agreement is amended by extending the term to July 1, 2018, through June 30, 2019 ("Extended Term"). 2. Section 3.3.1 of the Agreement is amended to provide that for the Extended Term of July 1, 2018, to June 30, 2019, the City agrees to pay Executive Information Services, Inc. a total sum not to exceed thirty-two thousand one hundred fifty dollars ($32,150.00), as referenced in the attached "Exhibit C". 3. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. [SIGNATURES ON NEXT PAGE] 1 In witness whereof the parties have executed this Amendment No. 15 on the date set forth below. CITY OF ARCADIA EXECUTIVE INFORMATION SERVICES, INC. Dominic Lazzare' Alvin "Ja ' ortcinskEO City Manager Date: ---S:D2-C1 2-0 l$ Date: _6;40r ATTEST: • �'�' aft//014)Crty ClerkDavid Hieb, erector APPROVED AS TO FORM: Date: ( /)-eA,-- 1 CONCUR: Stephen P. Deitsch City Attorney Rob rt Guthrre Chia of Police 2 Exhibit "C" COMPENSATION The Agreement is amended to provide that the total compensation for the Extended Term from July 1, 2018, through June 30, 2019, shall not exceed thirty-two thousand one hundred fifty dollars ($32,150.00), as referenced in the attached support services letter dated January 19, 2018. 3 MIMI 411111411111111P Executive Information Services,Inc. ing101101396 NE 201'Avenue,Suite 100 Ocala,FL 34470 352\236-4500 £vecutipe Information Services, ILtc. January 19,2018 City of Arcadia Police Department 250 West Huntington Drive Arcadia, CA 91066-6021 Attention: Robert T Guthrie Chief of Police RE: Support Services Budget Dear Chief Guthrie, Our records show that your current annual support services for the EIS systems installed in the Arcadia Police Department are set to expire on June 30,2018. EIS Support Services are invoiced on an annual basis. This letter provides information you may find helpful in preparing your next annual budget. Date of Renewal: July 1,2018 Term: 12 months Installed Systems: CAD Records Management Mobile Digital Los Angeles County Interface Citizen Service Portal Current Amount: $32,150.00 (2017-18) Renewal Amount: $32,150.00 (2018-19) We are renewing support services at the same annual rate as we have charged for the past two support years.However, as our costs have been rising please budget for a modest increase not to exceed 5% for the 2019-20 support year on currently supported services, As always,if you have any questions or problems with support services budget or require additional information,please feel free to contact me or your local Account Manager. 1 Vcy truly yo , il IVsomas S.Kind, \\00 . 1 n AMENDMENT NO. 13 TO THE PROFESSIONAL SERVICES AGREEMENT FOR PSNET PUBLIC SAFETY SYSTEM PROJECT WITH EXECUTIVE INFORMATION SERVICES, INC. This Amendment No. 13 ("Amendment No. 13") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and Executive Information Services, Inc. a Nevada Corporation, with respect to that certain Professional Services Agreement between the parties dated July 13, 2004 (the "Agreement"), as amended by Amendment No. 1 dated October 4, 2005, as further amended by Amendment No. 2 dated August 8, 2006, as further amended by Amendment No. 3 dated June 12, 2007, as further amended by Amendment No. 4 dated June 17, '2008, as further amended by Amendment No. 5 dated June 16, 2009, as further amended by Amendment No. 6 dated December 13, 2010, as further amended by Amendment No. 7 dated June 29, 2011, as further amended by Amendment No. 8 dated June 27, 2012, as further amended by Amendment No. 9 dated July 24, 2013, as further amended by Amendment No. 10 dated July 9, 2014, as further amended by Amendment No. 11 dated July 8, 2015, and as further amended by Amendment No. 12 dated August 26, 2015. The parties agree as follows: 1. Section 3.1.2 of the Agreement is amended by extending the term from July 1, 2015 through June 30, 2016 to July 1, 2016, through June 30, 2017 ("Extended Term"). • 2. Section 3.3.1 of the Agreement is amended to provide that for the Extended Term from July 1, 2016, to June 30, 2017, the City agrees to pay Executive Information Services, Inc. a total sum not to exceed thirty-two thousand one , hundred fifty dollars ($32,150.00), as referenced in the attached Exhibit"C". 3. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. [SIGNATURES ON NEXT PAGE] In witness whereof the parties have executed this Amendment No. 13 on the date set forth below. CITY OF ARCADIA EXECUTIVE INFORMATION SERVICES, INC. 1 Dominic Lazzare o Atvin 'Jay%Gortcinsky City Manager CEO Date: . L•�'Z1 y vot4 Date: : ATTEST: + d .` . y f + di 'per ,�,; at OM �/�'//��'/,(/'YGj�/V 1 Ci 'C irk - l Nancy Jo r _sIer Secretary APPROVED AS TO FORM: Date: .1/10 CONCUR: Stephen P. Deitsch City Attorney alert T. O th ri e C'•"t • 1 . ice Exhibit "C" COMPENSATION The Agreement is amended to provide that the total compensation for the Extended Term from July 1, 2016, through June 30, 2017, shall not exceed thirty-two thousand one hundred fifty dollars ($32,150.00), as referenced in the attached support services letter dated January 19, 2016. • Executive Information Services,Inc. 4ffiboiNINIP 1396 NE 20th Avenue,Suite 100 Ocala,FL 34470 352\236-4500 L-:veculire Infin.nration.Cervices,Inc. January 19,2016 City of Arcadia Police Department • 250 West Huntington Drive Arcadia,CA 91066-6021 Attention: Robert Guthrie Chief of Police RE: Support Services Budget Dear Chief Guthrie, Our records show that your current annual support services for the EIS systems installed in the Arcadia Police Department are set to expire on June 30,2016. EIS Support Services are invoiced on an annual basis. This letter provides information you may find helpful in preparing your next annual budget. Date of Renewal: July 1,2016 Term: 12 months Installed Systems: CAD Records Management Mobile Digital Los Angeles County Interface Citizen Service Portal Current Amount: $25,872.00 (2015-16) Renewal Amount: $32,150.00 (2016-17) As always,if you have any questions or problems with support services budget or require additional information,please feel free to contact me or your local Account Manager. Very truly yo , • Thomas . '4! - 10 n+7 qp,—Opt OC AMENDMENT NO. 12 TO THE PROFESSIONAL SERVICES AGREEMENT WITH EXECUTIVE INFORMATION SERVICES, INC. FOR PSNET PUBLIC SAFETY SYSTEM PROJECT This Amendment No. 12 ("Amendment No. 12") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and Executive Information Services, Inc. a Nevada Corporation, with respect to that certain Professional Services Agreement between the parties dated July 13, 2004 ("the Agreement"). The parties agree as follows: 1. Section 3.1 of the Agreement is amended to provide that the Consultant will complete a new upgrade to the Department's existing PS.NET Public Safety Suite system during FY2015-16 and promises and agrees to furnish to the City the Services described in the attached Exhibit"A". 2. Section 3.2.2 of the Agreement is amended to provide that the Consultant shall perform the upgrade and have installation completed within six to nine months from the date of execution. The Schedule of the Services shall be performed on an annual basis, and may be extended by mutual agreement of the Parties on a • year-by-year basis, as referenced in the attached Exhibit"B". 3. Section 3.3.1 of the Agreement is amended to provide that for the upgrade, the City agrees to pay Executive Information Services, Inc. a total sum not to exceed eighty-one thousand three hundred forty dollars ($81,340.00), as referenced in the attached Exhibit"C". 4. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. - [SIGNATURES ON NEXT PAGE] 7 - In witness whereof the parties have executed this Amendment No. 12 on the d ate set forth below. CITY OF ARCADIA EXECUTIVE INFORMATION SERVICES, INC. Dominic Lazzaretto Alvin Jay"' ortcinsky' City Manager CEO Dated: Pa,z3.4-241 2-D 6" Dated: ATTEST: _ - p0 „46,24.16,.. z __ _ _ Nancy Jo�f�sler i/ � 1:J-/.` I. 1h..,� ..0 Secretary fr� I J I Dated: g"--7-.�5 APPROVED AS TO FORM: CONCUR: Stephen P. Deitsch City Attorney Robe tG • Police Chief EXHIBIT"A" SCOPE OF SERVICES Consultant shall provide the following components and services: • Project Management including Planning, Coordination, Implementation Management. EIS will develop an implementation plan following the project initiation meeting. • Installation Services including services provided by EIS installation staff required to install, configure and prepare the provided EIS software for daily use. Installation services related to Third party software is not included unless specifically specified within this. proposal. Installation includes application software installation on user supplied computing platform, all table configuration, end-user training, network configuration, and similar activity. Installation also includes general network design consulting, network configuration, and installation and/or configuration of operating system software; including the Windows operating system and Microsoft SQL Server database management system. • Data Migration Services including services provided by EIS technical staff = required to migrate the existing EIS system data from the legacy platform for use within the new system. Data Migration services related to Third party software is not included unless specifically specified within this proposal. • Training as mutually agreed by agency and . EIS. EIS will provide a recommended training plan. Agency is responsible for insuring that personnel are available and free of regular duty assignments during scheduled training periods. Training will require approximately 8 hours per person. • Software- EIS system upgrade software. • Support Services. This software upgrade is provided under the existing support services agreement with the agency. Agencies not maintaining a current support agreement with EIS are not eligible for system upgrades. • CLETS/JDIC Entry Key Development for entries into the Automated Firearm System, Automated Property System, Missing Person System, and Stolen Vehicle System A-1 • RMS to CopLink Data Extraction Service this interface extracts records from EIS applications and generates an export file that can be read and used by CopLink. Export file to conform to the CopLink,XML 63 standard in accordance with the "CoplinkXMLXchemaVersion63" document provided by CopLink. The City will provide the following: • Adequate training location with agreed upon number of training workstations to accommodate the number of personnel within the EIS time frame allocated for training. • Training location must be free from distractions and scheduling of staff will be uninterrupted for the duration of the training. • Remote access to agency network for installation and support. • On-Site work space to accommodate 4-5 EIS personnel while on-site, to include: 100V power, internet access, network access, printer access. • Agency dedicated project manager dedicated to the project during planning and installation phases. • Agency IT support. . • All required hardware conforming to EIS hardware specifications, unless specifically noted in this proposal, including servers, workstation hardware and peripheral support equipment, etc. • All required third party software conforming to EIS software specifications, unless specifically noted in this proposal, including operating systems, database licensing, peripheral support software, etc. A-2 Exhibit"B" SCHEDULE OF SERVICES Consultant shall perform the Upgrade during FY2015-16 and have installation completed within six to nine months from the date of execution. Consultant represents that it has the professional and technical personnel required to perform the services in conformance with project conditions. In order to facilitate . Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of the City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. The Schedule of the Services shall be performed on an annual basis, and may be extended by mutual agreement of the Parties on a year-by-year basis, pursuant to Section 3.1.2 of this Agreement. • B-1 e 5 Exhibit"C" COMPENSATION The Agreement is amended to provide that the total compensation for the upgrade shall not exceed eighty-one thousand three hundred forty dollars ($81,340.00), as referenced in the attached proposal dated July 12, 2015. The City will maintain its current Agreement with Consultant titled "Agreement for PSNET Public Safety System Project", dated July 13, 2004. This active Agreement for standard support services does not include elevated support services or fees related to the newly licensed software incorporated in the FY2015-16 Upgrade. However, Consultant shall provide support services on the newly licensed software'components, provided as part of the FY2015-16 Upgrade project, during the first year of,operation (FY2015-16) at no additional cost. The new annual support services fee will be $32,150 beginning FY2016-17, which incorporates support services for the Upgraded software into the standard support services Agreement. • C-1 . r - 1o9N -10 AMENDMENT NO. 10 TO THE PROFESSIONAL SERVICES AGREEMENT FOR PSNET PUBLIC SAFETY SYSTEM PROJECT WITH EXECUTIVE INFORMATION SERVICES, INC. This Amendment No. 10 ( "Amendment No. 10 ") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and Executive Information Services, Inc. a Nevada Corporation, with respect to that certain Professional Services Agreement between the parties dated July 13, 2004 ( "the Agreement "). The parties agree as follows: 1. Section 3.1.2 of the Agreement is amended by extending the term to July 1, 2014, through June 30, 2015 ( "Extended Term "). 2. Section 3.3.1 of the Agreement is amended to provide that the total compensation for the Extended Term July 1, 2014, to June 30, 2015, shall not exceed Twenty -Five Thousand Eight Hundred Seventy -Two Dollars ($25,872.00), as referenced in the attached "Exhibit "C ". 3. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. [SIGNATURES ON NEXT PAGE] 1 In witness whereof the parties have executed this Amendment No. 10 on the date set forth below. CITY OF ARCADIA ' or ominic t_azzarei City Manager Date: --.S'v APPROVED AS TO FORM: EXECUTIVE INFORMATION SERVICES, INC. Thomas S. King CFO of Executive Information Services, Inc. Title Date: "2c ( 4 Steph n P. Deitsch Nancy Jo Missler City Attorney Date: 7 y CONCUR: Ro uthrie Police Chief Date: Secretary Title Date: �`' ✓��'i� 2 Exhibit "C" COMPENSATION The Agreement is amended to provide that the total compensation for the Extended Term from July 1, 2014, through June 30, 2015, shall not exceed Twenty -Five Thousand Eight Hundred Seventy -Two Dollars ($25,872.00), as referenced in the attached Invoice dated June 5, 2014. K I1GO -70 AMENDMENT NO. 9 TO AGREEMENT FOR PSNET PUBLIC SAFETY SYSTEM PROJECT BY AND BETWEEN THE CITY OF ARCADIA AND EXECUTIVE INFORMATION SERVICES, INC. This Amendment No. 9 ( "Amendment No. 9 ") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and Executive Information Services, Inc. a Nevada Corporation, with respect to that certain Professional Services Agreement between the parties dated July 13, 2004 ( "the Agreement "). The parties agree as follows: 1. Section 3.1.2 of the Agreement is amended by extending the term from June 30, 2013 to June 30, 2014 ( "Extended Term "). 2. Section 3.3.1 of the Agreement is amended to provide that the total compensation for the Extended Term shall not exceed Twenty -Four Thousand Six Hundred Forty Dollars ($24,640.00) without prior written approval of the City's Police Chief or Interim Police Chief. 3. Section 3.3.2 of the Agreement is amended by to provide that the total compensation amount of $24,640.00 shall be paid in full at the beginning of the Extended Term. 4. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. [SIGNATURES ON NEXT PAGE] In witness whereof the parties have executed this Amendment No. 9 on the date set forth below. CITY OF ARCADIA ominic Lazz etto City Manager Date: APPROVED AS TO FORM: f Stephen P. Deitsch City Attorney Date: -7/1,3 b 3 CONCUR: bert G hrie Po ' ief Date: —2 ` 8' r 3 CONSULTANT Executive Information Services, Inc. Thomas S. Kin CFO of Executive Information Services, Inc. Title Date: b11 112A 3 Name of S106nd Board Member Title Date: Y This Amendment No. 8 ( "Amendment No. 8 ") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and Executive Information Services, a Nevada Corporation, with respect to that certain Professional Services Agreement between the parties dated July 13, 2004 ( "Agreement "). im 1. Section 3.1.2 of the Agreement is amended by extending to June 30, 2013 (the period July 1, 2012, through June 30, 2013, is hereafter referred to as the "Extended Term "). 2. Section 3.2.5 of the Agreement (City's Representative) is hereby amended by substituting as the City's Representative Robert Guthrie, Chief of Police, or his designee. 3. Section 3.3.1 of the Agreement is amended to provide that the total compensation for the Extended Term shall not exceed Twenty -Four Thousand Six Hundred Forty Dollars ($24,640.00) without prior written approval of the City's Chief of Police. 4. Section 3.3.2 of the Agreement, the total annual compensation amount of $24,640.00 will be paid in full at the beginning of the Extended Term. 5. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. o a. In witness whereof the parties have executed this Amendment No. 8 on the date set forth below. [4111 W01 W.111 Nola 0] Dominic o��� City Manager Date: -:S�� ATTEST: 'Clity ( �Irk "i ---• " go] -.1 LVA I Stephen P. Deitsch City Attorney CONSULTANT Executive Information Services, Inc. Title: CFO — Date: Z_ 'Clancy J/Missler Title: SecretarV, Date: Rob (q_ rie Chief of Police A3 - AMENDMENT NUMBER 7 TO AGREEMENT FOR PSNET PUBLIC SAFETY SYSTEM PROJECT BY AND BETWEEN THE CITY OF ARCADIA AND EXECUTIVE INFORMATION SERVICES, INC. This Amendment Number 7 ( "Amendment Number 7 ") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and Executive Information Services, Inc. a. Nevada Corporation, with respect to that certain Professional Services Agreement between the parties dated July 13, 2004 ( "the Agreement "). The parties agree as follows: 1. Section 3.1.2 of the Agreement is amended by extending to June 30, 2012 (the period July 1, 2011, through June 30, 2012, is hereafter referred to as the "Extended Term "). 2. Section 3.2.5 of the Agreement (City's Representative) is hereby amended by substituting as the City's Representative Robert Guthrie, Interim Chief of Police, or his designee. 3. Section 3.3.1 of the Agreement is amended to provide that the total compensation for the Extended Term shall not exceed Twenty -Four Thousand Six Hundred Forty Dollars ($24,640.00) without prior written approval of the City's Police Chief or Interim Police Chief. 4. Section 3.3.2 of the Agreement, the total annual compensation amount of $24,640.00 will be paid in full at the beginning of the Extended Term. 5. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. [SIGNATURES ON NEXT PAGE] In witness thereof the parties have executed this Amendment No. 7 on the date set forth below. CITY OF ARCADIA Icy: s Don Penman, City Manager Dated: ��Ra� ,2011 ATTEST: A. kwn City Cle APPROVED AS TO FORM: c- A /)ta" Stephen P. Deitsch, City Attorney CONSULTANT Hy:_ � Thomas S. King 1 FO of Executive Informa on Services, Inc. CONCUR: Rob rie, Interim Chief of Police 00- F A,j " LW This Amendment No. 6 ("Amendment No. 6") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and Executive Information Services, a Nevada Corporation, with respect to that certain Professional Services Agreement between the parties dated July 13, 2004 ("Agreement"). The parties agree as follows: 1. Section I of the Agreement is hereby amended by changing the address to read "1396 NE 20t" Avenue 4100, Ocala, FI, 33470-8228." 2, Section 3.1,2 of the Agreement is amended by extending to June 30, 2011 (the period July 1, 2010, through June 30, 2011, is hereafter referred to as the "Extended Term"). 3. Section 3.2.9.1 1 of the Agreement (Immigration Reform and Control Act) is hereby added to read, "Consultant acknowledges that Consultant, and all subcontractors hired by Consultant. to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act ("IRCA"). Consultant is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by Consultant to perform services under this Agreement are in compliance with the IRCA. In addition, Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees, from any liability, damages or causes of action arising out of or relating to any claims that Consultant's employees, or the employees of any subcontractor hired by Consultant, are not authorized to work in the United States for Consultant or its subcontractor and/or any other claims based upon alleged IRCA violations committed by Consultant or Consultant's subcontractor(s)." 4. Section 3.3.1 of the Agreement is amended to provide that the total compensation for the Extended Term shall not exceed Twenty-One Thousand Eight Hundred Dollars ($21,800.00) without prior written approval of the City's Police Chief 5. Section 33.2 of the Agreement, the total annual compensation amount of $21,800.00 will be paid in full at the beginning of the Extended Term, 6. Section 3.5.2 of the Agreement (Delivery of Notices) is hereby amended to read as follows: Consultant: Alvin J. Gortcinsky, Executive Information Services, Inc., 1396 NE 20'h Avenue #100, Ocala, FL 33470-8228." 7, All of the remaining terms and provisions of the Agreement are hereby reaffirmed, [SIGNATURES ON NEXT PAGE] In witness whereof the parties have executed this Amendment No. 6 on the date set forth below. CITY OF ARCADIA c"I By,�� --- -_ Don Penman, City Manager Dated-, 2010 ATTEST: City Cterk APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney CONSULTANT By ,,k1v'i'n _�76_ortcins President CONCUR: Robert P. Sanderson, Chief of Police 'cj Way L11qL1WY&V1WjV&_W&1V1LM F_1M,WVW1V1_ This Amendment No. 5 ("Amendment No. 5") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and Executive Information Services, a Nevada Corporation, with respect to that certain Professional Services Agreement between the parties dated July 13, 2004 ("Agreement"). The parties agree as follows: Section 3.1.2 of the Agreement is amended by extending to June 30, 2010 (the period July 1, 2009, through June 30, 2010, is hereafter referred to as the "Extended Term"). 2. Section 3.2.9.1 of the Agreement (Immigration Reform and Control Act) is hereby added to read, "Consultant acknowledges that Consultant, and all subcontractors hired by Consultant to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act ("MCA"). Consultant is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by Consultant to perform services under this Agreement are in compliance with the IRCA. In addition, Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees, from any liability, damages or causes of action arising out of or relating to any claims that Consultant's employees, or the employees of any subcontractor hired by Consultant, are not authorized to work in the United States for Consultant or its subcontractor and/or any other claims based upon alleged IRCA violations committed by Consultant or Consultant's subcontractor(s)." Section 3.3.1 of the Agreement is amended to provide that the total compensation for the Extended Term shall not exceed Twenty-One Thousand Eight Hundred Dollars ($21,800.00) without prior written approval of the City's Police Chief. 4. Section 3.3.2 of the Agreement, the total annual compensation amount of $21,800.00 will be paid in full at the beginning of the Extended Term. 5. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. IN 1111 Ilk, F01,11''I I , E � In witness whereof the parties have executed this Amendment No. 5 on the date set forth below. By J>g-r, pe�1VIVIrIk-9— Don Penman, City Manager Dated: J--, I L .2009 ATTEST: City erk ity APPROVED AS TO FORM: I Stephen P. Deitsch, City Attorney ,!�W B AT'%In J. 6or-tcins` President V , Robert P. Sand rson, Chief of Police AMENDMENT NO. 4 TO AGREEMENT FOR PSNET PUBLIC SAFETY SYSTEM PROJECT BY AND BETWEEN THE CITY OF ARCADIA AND EXECUTIVE INFORMATION SERVICES, INC. If This Amendment No. 4 ("Amendment No. 4") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and Executive Information Services, a Nevada Corporation, with respect to that certain Professional Services Agreement between the parties dated July 13, 2004 ("Agreement"). The parties agree as follows: 1. Pursuant to Section 3.1.2 of the Agreement, the term is extended to June 30, 2009 (the period July 1, 2008, through June 30, 2009, is hereafter referred to as the "Extended Term"). 2. Pursuant to Section 3.3.1 of the Agreement, the total compensation for the Extended Term shall not exceed Twenty Thousand Dollars ($20,000.00) without written approval of the City's Police Chief. 3. Pursuant to Section 3.3.2 of the Agreement, the total annual compensation amount of $20,000.00 will be paid in full at the beginning of the Extended Term. 4. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. By& Don Penman, City Manager Dated: 2008 ATTEST: City Cl rk N:A17 Stephen P. Deitsch, City Attorney ."INIFORM By Alvin J � 60rtcinskydp'resident Robert P. Sand rson, Chief of Police This Amendment No. 3 ("Amendment No. 3") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and Executive Information. Services, a Nevada Corporation, with respect to that certain Professional Services Agreement between the parties dated July 13, 2004, as amended by Amendment No. 2 dated August 8, 2006 (collectively, "Agreement"). The parties agree as follows: 1. Pursuant to Section 3.1.2 of the Agreement, the term is extended to June 30, 2008 (the period July 1, 2007, through June 30, 2008, is hereafter referred to as the "Extended Term"). 2. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 3 on the date set forth below. CITY OF ARCADIA By_o--V--W William R. Kelly, City Manager Dated: �f, I e- .2007 A TTEST: City Clerk Evoi JI-6-TIM I a - j M �y I Stephen P. Deitsch, City Attorney 14 IN LN I I lffl.-Tel to] Bye Alvin J/Gortcinsky,�'/President CONCUR: Robert P. Sanderson, Chief of Police AMENDMENT SAFETY SYSTEM PROJECT BY r.., BETWEEN THE CITY OF ARCADIA AND EXECUTIVE INFORMATION This Amendment No. 2 ( "Amendment No. 2] ") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and Executive Information Services, a Nevada Corporation, with respect to that certain Professional Services Agreement between the parties dated July 13, 2004, as amended by Amendment No. 1 dated October 4, 2005 (collectively, "Agreement "). The parties agree as follows: 1. Pursuant to Section 3.1.2 of the Agreement, the term is extended to June 30, 2007 (the period July 1, 2006 through June 30, 2007 is hereafter referred to as the "Extended Term "). 2. Section 3.3.1 of the Agreement is hereby amended by adding the following sentence: "For the Extended Term, as defined in Amendment No. 2 to the Agreement, the Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement in an amount not to exceed Eighteen Thousand Dollars ($18,000.00) without written approval of the City's Police Chief." 3. Section 3.3.2 of the Agreement is hereby amended by adding thereto the following: "the total annual compensation amount of $18,000.00 for the Extended Term as defined in Amendment No. 2 to the Agreement, will be paid in full at the beginning of the Extended Term." 4. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 2 on the date set forth below. [SIGNATURES ON NEXT PAGE] City Clerk APPROVED AS TO FORM: City Attorney By Alvin J. G'orteinsky, r plsident Is 3TOINam"I'M Robert P. Sand6rson, Chief of Police AMENDMENT NO. I O AGREEMENT FOR PSNET PUBLIC SAFETY SYSTEM PROJECT BETWEEN THE CITY OF ARCADIA AND THE EXECUTIVE INFORMATION SERVICES, INC. This Amendment No. I ( "Amendment No. I") is hereby entered into this j'ti day of � " � � v r " , , 2005, by and between the City of Arcadia, a municipal corporation in the State of California, and the Executive Information Services, Inc. with respect to that certain Agreement between the parties dated July 13, 2004 ( "Agreement "). The parties agree as follows: 1. Section 1 of the Agreement is hereby amended by changing the address to read "2320 NE 2"d Street, Suite 313, Ocala, FL 34470." 2. Section 3.1.2 of the Agreement (Term) is hereby amended to extend the term of the Agreement from July 1, 2005 to June 30, 2006. 3. Section 3.2.5 of the Agreement (City's Representative) is hereby amended by substituting as the City's Representative Robert P. Sanderson, Chief of Police, or his designee. 4. Section 3.3.2 of the Agreement (Payment of Compensation) is hereby amended to read in its entirety as follows: "The total annual compensation amount of $14,980.00 will be paid in full at the begins ing of the term of the agreement." 5. Section 3.5.2 of the Agreement (Delivery of Notices) is hereby amended to read as follows: Consultant: Alvin J. Gor-teinsky, Executive Information Services, Inc. 2320 NE 2 "a Street, Suite 313, Ocala, FL 34470; City: City of Arcadia, 240 West Huntington Drive, Arcadia, CA 91066 -6021, Attn: Robert P. Sanderson, Chief of Police. 6. All of the remaining terms and provisions of the Agreement are hereby reaffinned. 1 In witness whereof the parties have executed this Amendment No. I as of the date set forth hereinabove. CITY OF ARCADIA By Wngy William R. Kelly, City Manager Dated: 0+60 ATTEST: V1 City Clerk APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney 0 CONCUR: Robert P. Sanderson, Chief of Police CITY OF ARCADIA This Agreement is made and entered into this /, day of tjm, Pi 2004 by and between the City of Arcadia, a municipal organization organized under the laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066- 6021 ("City") and Executive Information Services, Inc. a —Nevada Corporation. with its principal place of business at 350 South Center Street, Reno, NV 89501 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." mvnnnl�� 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing information support services to public clients, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the PSNET Public Safety System Project ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City the Services described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Tenn. The term of this Agreement shall be from July 1, 2004 to June 30, 2005, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines 3.2.1 Control and Payment of Subordinates Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "A" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Kev Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Alvin J. Gorteinsky, Nancy J. Missler, David Hieb, Clara Askew, Brian Corbin. 3.2.5 City's Representative. The City hereby designates David Hinig, Police Chief, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Alvin J. Gortcinsky, or his or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.1.0 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code I (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $ 1,000,000 per accident for bodily injury or disease. 3.2.10.3 Professional Liability. [INTENTIONALLY OMITTED] 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. [INTENTIONALLY OMITTED] (C) Workers' Compensation and Employers _Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement. The total compensation shall not exceed$159000.001 ($ Fifteen Thousand and 00/100) without written approval of City's Police Chief . Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Total compensation will be divided into 12 equal monthly installments. Consultant shall submit to City a monthly statement. City shall, within forty-five (45) days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall riot be reimbursed for any expenses unless authorized in writing by City. "I I I IF I I III 3 ®5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: refflINTIMMM, Alvin J. Gorteinsky Executive Information Services, Inc. 350 South Center Street, Suite 500 Reno, NV 89501 City® City of Arcadia 240 West Huntington drive Arcadia, CA 91066-6021 Attn: David Hinig, Police Chief Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data-, Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, or reuse any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. CITY OF ARCADIA Executive Information Services, -'.M 'it IV M &A City Clerk Stephen P. Deitsch City Attorney By: Alvin J. VoAtcinsky President Dated: 6-12, .92004 re�� CD, - ---Department Head Date The Standard Service Plan imdesigned to provide core services that will keep EIS supplied law enforcement software systems u(a site operational. These services, for example, could hm used 0o supplement the services ofo local data processing department m other local contractor. Standard yerniuca cover all EIS application software. Standard plans do not cover computer hardware, operating systems, e-mail systems, network operating systems, or other computer or network components whether or not they were provided by EIS. Services do include diagnostic services and coordination with hardware support vendors, communications vendors, EVll vendors, radio console vendors, and other involved third parties. All ohmgoo by third parties for system software licenses, cabling, bmni*onc components, cXo. are the responsibility of the Agency. Custom service plans can be configured to meet individual agency requirements. Standard Maintenance Services * Unlimited Telephone Based Support * Unlimited use uf the EIS Support WEB site. The EIS WEB site ia the preferred support medium and preferred contact point with EIS. ° Remote /\uuomo Support—This may be done via Internet aonnou or custom dial o, other communications facilities. Customer provides modem if required, copy of control software compatible with local system, and outside bn*iooum line. Setup must be done at time of system installation or during routine scheduled site visits cx time and materials charges may apply. � Remote and on-site support, if required, for failures that render the system inoperable or seriously degrade system performance. Support b/obudem diagnostic services to determine the cause of failure (i.e. hardware, software, communications, oto.) and remedial repair ufEIS software related problems. EIS will also work c|vme|v with Agency personnel or coordinate repair efD)mim involved in hardware or communications failures. On-site emergency service is generally restricted ho CAD system failures only. Response time io dependent on distance, severity ofthe errors, and other factors and iu coordinated with Agency personnel. • System IVodfioationService • General systems consulting, including system evaluation, recommendations oo upgrades and enhancements, and budgetary costing ouupgrades. • 8un'ioc includes periodic on-site visits to check system hcuhb, install updated software, install operating system and system software service punka, and provide update training for new operators ornew system features. Visits are scheduled bn advance by mutual agreement with Agency. Customer caused delays oo scheduled upgrades or training may result in time and materials charges if visits must be re-scheduled. • Software Updates. Minor updates are included in standard service plans. Major updates that require significant database changes, data conversions, re-installation of software systems, or extensive operator training are subject to additional charges and are scheduled with each Agency on a case-by-case basis. Charges for major upooul ndepesdmothuaizeofthcogeuuy,/eqoirrdduymonako,uudothcrfaxtom related to implementation costs. Due to variables in scheduledftature sets andprogram development, no guarantees (?frmleuxooames/or any software are made. Software updates will generally hcdone in conjunction with regularly scheduled site visits. Agencies have the option of accepting o«rejecting upgrades. • WEB Hosting ou the protected EIS support servers • E-mail services EIS assumes no responsibility for third party software including operating systems, communications circuits, electronic mail systems, overall network performance, user profiles, and other network management functions. 7 11L, "a If problems are traced to operating systems, computer hardware, or causes other than EIS application software, any on-site services requested by Agency will be billable at the standard time and materials rates plus direct travel expenses. Agency has the option of approving all on-site service in advance. All maintenance plans are based on payment in advance at the beginning of the maintenance period. The System Notification Service is an electronic distribution (e-mail or fax) of application notes, training bulletins, problem reports, documentation updates, and other information that may be of general use to the agency. Agencies can place as many members as desired on the distribution lists. Requests should be e- mailed or faxed to the numbers listed in this document. Please supply agency, name, title, and fax number or e-mail address. Service • State Interface Gateways includes programming modifications mandated by State Agencies. Routine on-site visits are not made on State Gateways if not installed as part of a CAD, mobile digital, or Records System, Each EIS site is assigned a personal site engineer. In general, the assigned individual is the primary point of contact for routine service and generally will perform any required on-site services. This individual is backed up with support from various other sites and central service locations. In addition, EIS maintains central support numbers that are monitored on a 24 hour basis and a fax number for routine submissions. EIS maintains a support WEB site for installed systems. Private areas include release notes, documentation and program updates, and other information for self support. Customers have the option of dealing with the local site engineer, calling the central support numbers, or using any of the other electronic addresses available. Each site must designate a primary service contact to receive official correspondence and act as central coordinator. EIS will accept routine calls from designed representatives at each site or emergency calls on CAD systems from any Department personnel. Any Department personnel can submit electronic submissions and any Department personnel can sign up for electronic distributions. Mailing Address: Main Support Number: Fax Number: WEB Address: E-Mail Address: Executive Information Services, Inc. 350 South Center Street, Suite 500 Reno, NV 89501 (801) 791-9973 (800) 667-0576 www.goeis.net support@gocis.fiet City Business Phone: Primary Contact: Title: Phone: FAX: E-Mail Desired System Evaluation delivery date: System Notification Service List Nam Please return this information to: Executive Information Services, Inc. 35O South Center Street, Suite 500 Reno, NV 89501 FAX: 800\667-0576 Agency Information State___ Zip Extension 8-Mail Fax Number