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Resolution No. 9125PA 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A SOFTWARE SERVICE AGREEMENT RENEWAL BY AND BETWEEN THE CITY OF VERNON AND VISIONAIR INC. WHEREAS, on March 30, 1999, the City Council of the City of Vernon approved Resolution No. 7301 approving a Software License Agreement with Vision Software, Inc. for a Computer Aided Dispatch System ("CAD"), Mobile Computer Terminal ("MCT") and Vision Records Management System ("RMS") for the City of Vernon Police Department; and WHEREAS, VisionAir Inc, formerly VisionAir and Vision Software, Inc., ("VisionAir") has submitted a Software Service Agreement and renewal quotation for the period August 25, 2006 through August 24, 2007 for the sum of Fifty -Four Thousand Three Hundred Forty -Five Dollars and Ninety -Four Cents ($54,345.94), including tax, for the CAD, MCT and RMS; and WHEREAS, VisionAir is the only supplier who can provide the annual software support services necessary to maintain the CAD, MCT and RMS; and WHEREAS, City staff have recommended that the Software Service Agreement with VisionAir be renewed for the period August 25, 2006 through August 24, 2007; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection (a) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to proceed with the renewal of software support services for the CAD, MCT and RMS with VisionAir to enhance services provided to Ithe Vernon community. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16' 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Software Service Agreement with VisionAir, in substantially the same form as the copy which is attached hereto as Exhibit A and incorporated by reference. SECTION 3: The City Council of the City of Vernon hereby authorizes the Acting City Clerk, or his designee, to make whatever nonsubstantive, administrative and/or text changes, upon advice of counsel, to the documents relating to the Agreement. SECTION 4: The City Council of the City of Vernon hereby authorizes the Mayor to execute said Agreement for, and on behalf of, the City of Vernon and the Acting City Clerk is hereby authorized to attest thereto. SECTION 5: The City Council of the City of Vernon hereby directs the Acting City Clerk, or his designee, to send one fully executed Agreement to: VisionAir Inc. Attn. Mike Lyons, Chief Operating Officer/President 5601 Barbados Blvd. Castle Hayne, NC 28429-9000 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 6: The Acting City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 5th day of September, 2006. ATTES�P?: BRUCE V. MALKENHORST, JR. Acting City Clerk LEONIS C. M BURG, Mayor - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9125, was duly adopted by the City Council of the City of Vernon at an adjourned meeting of the City Council duly held on Tuesday, September 5, 2006, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, JR. Acting City Clerk - 4 - EXHIBIT 0 ATTACHMENT "D": SOFTWARE SERVICE AGREEMENT City of Vernon 4305 Santa Fe Avenue Vernon, CA. 90058 August 25, 2006 This ._ the f ".frare I icL -, i �� s en ere into y arrd'befween City of Vernon, CA. (hereinafter "CLIENT') and VZIMNAIR INC., a North Carolina based company with offices located at 5601 Barbados Blvd., Castle Mayne, North Carolina 28429 (hereinafter "VISIONAIR"). ViSIONAIR shall perform maintenance services on the Licensed Software and CLIENT shall accept and pay for such services, pursuant to the terms and conditions herein provided Licensed Software shall mean the VISIONAiR software as described in the ga n 0the Software License Agreement), as such may hereafter be supplemented and as such Licensed Software may hereafter be updated with improvements, enhancements and modifications furnished to CLIENT by VISIONAIR. 1.0 Initial Term. This agreement shall become effective on the date shown above (hereinafter "Effective Date"), and, unless sooner terminated as hereinafter provided, shall remain in full force and effect for a period of no less than one year. 2.0 Automatic Renewal. Upon expiration of the Initial Term, this Agreement shall be automatically extended on a year-to-year basis (herein after "Renewal term") unless sixty (60) days prior to the expiration date of the Initial Term, or any Renewal term, a party hereto gives written notice to the other party of its termination of the Agreement as of such expiration date. 3.0 Covered Maintenance: 3.1 Commercial Off the Shelf Software (COTS). The term "Covered Maintenance" as used herein means the periodic and on -call remedial maintenance VISIONAIR deems reasonably appropriate and necessary to keep the CLIENT'S Licensed Software functioning properly. Please see section 3.2 for Custom Solutions (a) Telephone Support for the Licensed Software, utilizing an 800 line provided by VISIONAIR. During the Initial Term, this telephone support will be based on the coverage plan as specified in the Quotation. (b) Standard upgrades and enhancements that are made to the Licensed Software. VISIONAIR issues corrections, upgrades and enhancements to the software on an ongoing basis. All modifications to the Licensed Software and related Documentation will be made available to the CLIENT on standard electronic media (CD-ROM); remote access through VisionAIR approved remote access products and protocols, dedicated telephone dialup or Website download. (c) initial fact-finding (Tier 1) support for 3"d party software embedded or used in conjunction with the application software. Tier 1 support does not include defect resolution or modifications from VisionAIR. VisionAIR will escalate to the appropriate vendor calls for service for 3rd party applications defect resolution or modifications. 041206 JIM Page i of 6 (d) Correction of reported malfunctions ("defects") in the application software. (e) Phone support assistance in updating new releases of the Licensed Software on the CLIENT's servers. (f) Recording CLIENT's request for changes to the Software.. A VISIONAIR Product Manager will document the CLIENT's request and submit it for consideration in future releases of the Software. VisionAIR is under no obligation to include the CLIENT's request for change in any future releases of the Software. Client Service personnel are available to answer questions related to the Software and to provide solutions for issues within the Software. If an issue is defined as a defect, Client Service will escalate the issue for resolution and provide the correction when available. A "defect" is defined as an error in the code of the Licensed Software which prevents a Module from operating in accordance with the VISIONAIR Documentation in any material respect. 3.2 Custom Solutions (Applications): (a) Telephone Support for the Licensed Software, utilizing a toll -free 800 telephone number provided by VISIONAIR. During the Initial Term, this telephone support will be based on the coverage plan as specified in the Quotation. (b) Correction of reported malfunctions ("defects") in the ViSIONAIR application software. (c) Recording CLIENT's request for changes to the Software. A VISIONAIR Product Manager will document the CLIENT's request and submit it for consideration in future releases of the Software. (d) Changes to the Custom Solution resulting from changes to VisionAIR products, initiated by VisionAIR, which interfere with the intended functionality of the Custom Solution 4.0 Exclusions from Covered Maintenance: 4.1 Custom off the Shelf (COTS) Products: (a) Repair of damage not caused by VISIONAIR, including without limitation, damage resulting from accident, transportation, neglect or misuse, lightning, failure or fluctuation of electrical power, air conditioning or humidity control, telephone equipment or comtMunication lines failure, failure of non-VISIONAIR interconnect equipment, or causes other than normal operation procedures. (b) Service which is impractical for VISIONAIR to render because of. alterations in the Licensed Software made by persons other than VISiONAIR; the connection of equipment and/or Software by mechanical or electrical means to another machine or device; (c) Any repair of any damage to the Licensed Software caused by software or firmware programming that is not provided or supported by VISIONAIR under section 3, Covered Maintenance. (d) This Agreement does not include professional services (on site training, installation or upgrades of third party software applications used in conjunction with or required by any VisionAIR specifications, data migrations, or project management) deemed necessary by VisionAIR. On site services will be charged separately. (e) Platform changes, including, but not limited to, Operating Systems, Hardware, Telecom Equipment, eta 041206 Rev 1 Page 2 of 6 Custom Solutions (Applications) Exclusions: (a) Platform changes, including, but not limited to, Operating Systems, Hardware, Telecom Equipment, etc. (b) Government mandated changes (c) Changes to third party applications (d) Requests for changes in the Custom Solution (Application) (e) Biz Talk orchestrations including interfaces that are not associated with VisionCONNECT. (f) Other modifications or changes in software, hardware or configuration not related to changes in the VisionAIR product, which are not initiated by VisionAIR. (g) This Agreement does not include professional services (on site training, installation or upgrades of third party software applications used in conjunction with or required by any VisionAIR specifications, data migrations, or project management) deemed necessary by VisionAIR. On site services will be charged separately. 5.0 Charges to CLIENTS: (a) Charges fe set forth in the The (b) Charges for Billable Cali Maintenance: The Client Service Center Web page for both busines for Covered Maintenance are non -business hour rates. the (c) Charges for Travel: Upon prior written authorization, CLIENT shall pay for travel time and travel expense in connection with Billable Call Maintenance. Travel time will be charged to the CLIENT at one- half the Billable Call Rate. Travel expense will be charged as incurred and includes tolls, parking and other out-of-pocket costs plus mileage at the then current rates. There will be no additional charge to the CLIENT for travel expense incurred in connection with Covered Maintenance. (d) Charge for Software License Changes: All Covered Maintenance fees hereunder are subject to increase or decrease upon any change in number of concurrent user licenses or software modules licensed. 6.0 Client Responsibilities: 6.1 Remote Connectivity Maintenance Service. Client shall supply remote access to Client's network, servers and workstations in order for VisionAIR to perform Covered Maintenance, Billable Call Maintenance and Internet connection for the purpose of allowing secure access via the Internet and the latest version of Microsoft's Internet browser software (Internet Explorer) to any workstation or server covered by Maintenance Service. VisionAIR may elect to use, at its sole discretion, properly licensed third -party remote connectivity software owned by the client agency and installed on a system with Internet connection. VisionAIR will not bear the burden of procuring and/or licensing any remote connectivity software or loading it on VisionAIR Client Services systems. Client shall also maintain a dedicated phone line, modem and Microsoft's current remote access software (such as Remote Access Server — RAS) that can be enabled to allow VisionAIR personnel to authenticate to their network for support purposes in the event that there are unforeseen problems with the Internet method of connectivity. 041206 Rcv I Page 3 of 6 6. 2. Backup of data. CLIENT is responsible to maintain a proper set of data backups in the event that it becomes necessary to recover from a disaster. 7.0. Billable Call Maintenance. The term "Billable Call Maintenance" as used herein means services provided by VISIONAIR that are not included under Covered Maintenance. The rates for these services from 8:00 am to 5:00 pm and after 6:00 pm and before 8:00 am EST for CLIENTS respective time zone shall be at the then currently published rate. All billable service calls will have a minimum charge of two hours. Billable service will be provided upon receipt of a Purchase Order, letter of authorization or credit card information. 8.0. Changes in Charges. At least 120 days prior to the expiration of the Initial Term or any Renewal term, VISIONAIR may make changes to the Covered Maintenance fees and the Billable Call Rate, such changes to be effective at the commencement of the immediately subsequent Renewal term, if any. CLIENT may terminate this Agreement within sixty (60) days after receipt of the first invoice with changed charges by giving VISIONAIR sixty (60) days written notice of its intention to terminate, and this agreement will terminate as of the date for termination set forth in the CLIENT's notice to VISIONAIR or at the end of such sixty (60) day period, whichever last occurs. 9.0. Payment. VISIONAIR will invoice the CLIENT in advance for each year for Covered Maintenance. Such invoices will include pro rata charges or credits for any Covered Maintenance of Licensed Software installed or removed during the previous term or prior to the Effective Date. VISIONAIR will invoice CLIENT for Billable Call Maintenance as incurred and CLIENT shall pay invoices for Covered Maintenance, including any Invoices outstanding on the Effective Date of this Agreement, on or prior to the commencement of each term. The attached quote is hereby incorporated by reference. All payments shall be paid by CLIENT within thirty (30) days upon receipt of invoice by CLIENT. 10. Disclaimer of Warranty. VISIONAIR makes no warranty of any kind, express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose with respect to the subject matter hereof, maintenance to be performed by VISIONAIR pursuant to the terms hereof, or parts to be supplied hereunder. 11. Limitation of Liability. VISIONAIR SHALL NOT BE LIABLE FOR ANY DAMAGES INCURRED, UNLESS SUCH DAMAGES ARE CAUSED BY THE NEGLIGENT OR INTENTIONALLY TORTIOUS ACT OR OMISSION OF VISIONAIR, ITS EMPLOYEES OR REPRESENTATIVES.. IN NO CASE, HOWEVER, SHALL VISIONAIR BE HELD LiABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCE SHALL VISIONAIR'S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID TO VISIONAIR BY THE CLIENT UNDER THIS AGREEMENT. 12. Hardware and Network Upgrades. CLIENT acknowledges that due to the dynamic nature of the information technology industry and frequent product replacements and/or upgrades developed independently by third party hardware and software vendors, VISIONAIR has no control over the turnover of product or obsolescence of technology of third party products. CLIENT also acknowledges that VISIONAIR develops its Network Hardware Specification Document based upon all of the third party product information available at the time of publication. Therefore, with respect to third party hardware and 041206 Rev Page 4 or6 software, CLIENT shall retain the responsibility for the costs of purchase and installation of hardware and software upgrades necessary to maintain the functionality of the Licensed Software. VISIONAIR develops the Network Hardware Specification document considering that no other software application will be installed. Additional hardware specifications should be considered if the CLIENT intends to run other applications. Additionally, the accumulation of data in CLIENT's database over a period of time may require expanding the capacity of hard drives and memory of the system servers and workstations in order to maintain performance at response times acceptable to the CLIENT. Subject to all of the affirmative duties and obligations of VISIONAIR under this Software Maintenance Agreement, it is the CLIENT's sole responsibility to maintain the system to ensure adequate response times. 13. Product revisions and support. VisionAIR's obligation to provide support under this agreement diminishes as products are replaced by more current releases. The current, generally available (referred to as GA), version of the software and the version immediately preceding it are fully supported. These two versions qualify for phone support, engineered defect corrections and/or modifications required for the software to operate as designed. Any versions older than the two referenced versions will receive phone support and resolution of Priority 0 defects as they occur. VisionAiR will announce the availability of new software releases to facilitate timely upgrade to avoid product obsolescence. 14. Force Majeure. Neither party shall be liable or deemed in default for any failure in performance hereunder resulting from any cause beyond its reasonable control. 15. Termination for Non-payment. If CLIENT is in default due to non-payment, and after VISIONAIR has given CLIENT written notice and such default is not cured after 15 days then VISIONAiR may terminate this agreement at any time upon written notice to CLIENT. 16. Notices. Any Notice, request, instruction or other document pertaining to this Agreement shall be sent to the appropriate party's address as set forth above, and shall be deemed to have been duly given or served if delivered in person or deposited in the United States mail, certified mail, return receipt requested. stym "00rftJW actst POW, 1 General 1�snt.��:vy fh O.#t This Agreement constitutes the entire agreement between the parties hereto with respect to maintenance of the Licensed Software and shall supersede all previous or contemporaneous negotiations, commitments and writings with respect to matters set forth herein. It may be only modified by writing signed by authorized representatives of both parties. The terms and provisions of this Agreement shall prevail over any conflicting, additional or other terms appearing on any purchase order submitted by the CLIENT at any time,. 041206 Rev Page 5 of 6 VisionAiR, Inc. Signature: )Uaf7�� Name: Mike Lyons Title: Chief Executive Officer Date: Client Name Signature: Name: Title: Date: 041206 Revl Page 6 of 6 v0i10izUV0 tu:Zb FAX 323 826 1438 CITY CLERK'S OFFICE 0003 VERNCA01 Vernon Police Department Purchasing Department 4305 Santa Fe Avenue Vernon, CA 90058 S I O 1 R JUL 05 20 TREASURER'S OFFICE CITY OF VERNON LNVOICE Invoice #: IVC08351 Invoice Date: 6/30/2006 Your POA 06/07 SWMTC Date Due: 8/24/2006 Quantity Description Per Unit Amount 1 RMS 8x5 Software Support $9.454.00 August 25, 2006 through August 24, 2007 vsionRMS Base: 10 Position 1 CAD 24x7 Software Support $16,961.55 August 25, 2006 through August 24, 2007 VisionCAD: 1-2 Position 1 Mobile 8x5 Software Support $18,943.40 August 25, 2006 through August 24, 2007 VisionMobile Message Switch: 20 Position, Mobile Base: 19 Position 1 Mobile 8x5 Software Support $2,491.70 August 25, 2006 through August 24, 2007 Software and Services Integration with CLETS 1 RMS 8x5 Software Support $2,491.70 August 25, 2006 through August 24, 2007 Live Scan Interface 1 Mobile 8x5 Software Support $547.87 August 25, 2006 through August 24, 2007 Job#000179 Vis=or �Mo ;ile Base: 2 Position 1 Mobile 8x5 Software Support June 7, 2006 through August 24, 2007 $918.58 Job#057048 VisionMobile Law Vehicle Workstation: 3 Position, Pro -rated 1 Job#061003 not live 1 $0.00 Go To Assist $400.00 disputed Payments must be mailed to VisionAIR, Subtotal 601 Barbados Blvd, Castle Hayne, NC 28429-9000 Wention: Accounts Receivable, if you have Misc luestions, call 800-882 2108 ext $166 or 5162. Tax Total ,11 other payments, Remit to: VislonAIR, Dept AT 952167, Atlanta,GA 31192-2157 PO BOX 9000 ® 5601 Barbados Blvd. o Castle Hayne, NC 28429 800-882-2108 o 910-602-6190 fax a www.visionaircom $9,454.00 $16,961.55 $18,94$-40 $2,491.70 $2,491.70 $547.87 $0.00 $400.00 $52,208.80 $0.00 2 137.14 $541346.94 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman October 23, 2006 4305 Santa Fe Avenue, Vernon, California 90058 telephone (323) 583-8811 VisionAir, Inc. Attn: Mike Lyons Chief Operating Officer/President 5601 Barbados Blvd. Castle Hayne, NC 28429-9000 Re: Software Service Agreement Renewal Dear Mr. Lyons: SOL BENUDIZ Police Chief MARK C. WHITWORTH Acting Fire Chief LEWIS J. POZZEBON Director of Environmental Health S. KEVIN WILSON Director of Community Services SHARON L. DUCKWORTH Acting City Treasurer Transmitted herewith is a copy of the fully executed agreement as referenced above, approved by City Council on September 5, 2006, Resolution No. 9125. If you have any questions regarding this matter, please call Lt. James Rodino, at (323) 583-8811 ext. 116. ery truly yours, I l l-r' G ij /blt -" - Deputy City Clerk NG:dr Enclosure c: Steve Towles Dolores Jaunzemis Resolution No. 9125 Agreement File No. 06-106 Tie 0vely nbu*131 ATTACHMENT "D": SOFTWARE SERVICE AGREEMENT City of Vernon 4305 Santa Fe Avenue Vernon, CA. 90058 August 25, 2006 This SOFTWARE SERVICE AGR=.N,� (h r after "Agreement") (incorporated in to the Software License Agreement oC'm as Attachment D) is entered into by and between City of Vernon, CA. (hereinafter "CLIENT") and VISIONAIR INC., a North Carolina based company with offices located at 5601 Barbados Blvd., Castle Hayne, North Carolina 28429 (hereinafter "VISIONAIR"). VISIONAIR shall perform maintenance services on the Licensed Software and CLIENT shall accept and pay for such services, pursuant to the terms and conditions herein provided. Licensed Software shall mean the VISIONAIR software as described in the Quotation (Attachment B to the Software License Agreement), as such may hereafter be supplemented and as such Licensed Software may hereafter be updated with improvements, enhancements and modifications furnished to CLIENT by VISIONAIR. 1.0 Initial Term. This agreement shall become effective on the date shown above (hereinafter "Effective Date"), and, unless sooner terminated as hereinafter provided, shall remain in full force and effect for a period of no less than one year. 2.0 Automatic Renewal. Upon expiration of the Initial Term, this Agreement shall be automatically extended on a year-to-year basis (herein after "Renewal term") unless sixty (60) days prior to the expiration date of the Initial Term, or any Renewal term, a party hereto gives written notice to the other party of its termination of the Agreement as of such expiration date. 3.0 Covered Maintenance: 3.1 Commercial Off the Shelf Software (COTS). The term "Covered Maintenance" as used herein means the periodic and on -call remedial maintenance VISIONAIR deems reasonably appropriate and necessary to keep the CLIENT'S Licensed Software functioning properly. Please see section 3.2 for Custom Solutions (a) Telephone Support for the Licensed Software, utilizing an 800 line provided by VISIONAIR. During the Initial Term, this telephone support will be based on the coverage plan as specified in the Quotation. (b) Standard upgrades and enhancements that are made to the Licensed Software. VISIONAIR issues corrections, upgrades and enhancements to the software on an ongoing basis. All modifications to the Licensed Software and related Documentation will be made available to the CLIENT on standard electronic media (CD-ROM); remote access through VisionAIR approved remote access products and protocols, dedicated telephone dialup or Website download. (c) Initial fact-finding (Tier 1) support for 3rd party software embedded or used in conjunction with the application software. Tier 1 support does not include defect resolution or modifications from VisionAIR. VisionAIR will escalate to the appropriate vendor calls for service for 3rd party applications defect resolution or modifications. 041206 Rev 1 Page 1 of 6 (d) Correction of reported malfunctions ("defects") in the application software. (e) Phone support assistance in updating new releases of the Licensed Software on the CLIENT's servers. (f) Recording CLIENT's request for changes to the Software. A VISIONAIR Product Manager will document the CLIENT's request and submit it for consideration in future releases of the Software. VisionAIR is under no obligation to include the CLIENT's request for change in any future releases of the Software. Client Service personnel are available to answer questions related to the Software and to provide solutions for issues within the Software. If an issue is defined as a defect, Client Service will escalate the issue for resolution and provide the correction when available. A "defect" is defined as an error in the code of the Licensed Software which prevents a Module from operating in accordance with the VISIONAIR Documentation in any material respect. 3.2 Custom Solutions (Applications): (a) Telephone Support for the Licensed Software, utilizing a toll -free 800 telephone number provided by VISIONAIR. During the Initial Term, this telephone support will be based on the coverage plan as specified in the Quotation. (b) Correction of reported malfunctions ("defects") in the VISIONAIR application software. (c) Recording CLIENT's request for changes to the Software. A VISIONAIR Product Manager will document the CLIENT's request and submit it for consideration in future releases of the Software. (d) Changes to the Custom Solution resulting from changes to VisionAIR products, initiated by VisionAIR, which interfere with the intended functionality of the Custom Solution 4.0 Exclusions from Covered Maintenance: 4.1 Custom off the Shelf (COTS) Products: (a) Repair of damage not caused by VISIONAIR, including without limitation, damage resulting from accident, transportation, neglect or misuse, lightning, failure or fluctuation of electrical power, air conditioning or humidity control, telephone equipment or communication lines failure, failure of non-VISIONAIR interconnect equipment, or causes other than normal operation procedures. (b) Service which is impractical for VISIONAIR to render because of: alterations in the Licensed Software made by persons other than VISIONAIR; the connection of equipment and/or Software by mechanical or electrical means to another machine or device; (c) Any repair of any damage to the Licensed Software caused by software or firmware programming that is not provided or supported by VISIONAIR under section 3, Covered Maintenance. (d) This Agreement does not include professional services (on site training, installation or upgrades of third party software applications used in conjunction with or required by any VisionAIR specifications , data migrations, or project management). deemed necessary by VisionAIR. On site services will be charged separately. (e) Platform changes, including, but not limited to, Operating Systems, Hardware, Telecom Equipment, etc. 041206 Rev 1 Page 2 of 6 Custom Solutions (Applications) Exclusions: (a) Platform changes, including, but not limited to, Operating Systems, Hardware, Telecom Equipment, etc. (b) Government mandated changes (c) Changes to third party applications (d) Requests for changes in the Custom Solution (Application) (e) Biz Talk orchestrations including interfaces that are not associated with VisionCONNECT. (f) Other modifications or changes in software, hardware or configuration not related to changes in the VisionAIR product, which are not initiated by VisionAIR. (g) This Agreement does not include professional services (on site training, installation or upgrades of third party software applications used in conjunction with or required by any VisionAIR specifications , data migrations, or project management) deemed necessary by VisionAIR. On site services will be charged separately. 5.0 Charges to CLIENTS: (a) Charges for Covered Maintenance: The applicable rates for Covered Maintenance are set forth in the Quotation (Attachment B to the Software License Agreement). (b) Charges for Billable Call Maintenance: The hourly rate charges are posted on the Client Service Center Web page for both business hours and non -business hour rates. (c) Charges for Travel: Upon prior written authorization, CLIENT shall pay for travel time and travel expense in connection with Billable Call Maintenance. Travel time will be charged to the CLIENT at one- half the Billable Call Rate. Travel expense will be charged as incurred and includes tolls, parking and other out-of-pocket costs plus mileage at the then current rates. There will be no additional charge to the CLIENT for travel expense incurred in connection with Covered Maintenance. (d) Charge for Software License Changes: All Covered Maintenance fees hereunder are subject to increase or decrease upon any change in number of concurrent user licenses or software modules licensed. 6.0 Client Responsibilities: 6.1 Remote Connectivity Maintenance Service. Client shall supply remote access to Client's network, servers and workstations in order for VisionAIR to perform Covered Maintenance, Billable Call Maintenance and Internet connection for the purpose of allowing secure access via the Internet and the latest version of Microsoft's Internet browser software (Internet Explorer) to any workstation or server covered by Maintenance Service. VisionAIR may elect to use, at its sole discretion, properly licensed third -party remote connectivity software owned by the client agency and installed on a system with Internet connection. VisionAIR will not bear the burden of procuring and/or licensing any remote connectivity software or loading it on VisionAIR Client Services systems. Client shall also maintain a dedicated phone line, modem and Microsoft's current remote access software (such as Remote Access Server — RAS) that can be enabled to allow VisionAIR personnel to authenticate to their network for support purposes in the event that there are unforeseen problems with the Internet method of connectivity. 041206 Rev Page 3 of 6 6. 2. Backup of data. CLIENT is responsible to maintain a proper set of data backups in the event that it becomes necessary to recover from a disaster. 7.0. Billable Call Maintenance. The term "Billable Call Maintenance" as used herein means services provided by VISIONAIR that are not included under Covered Maintenance. The rates for these services from 8:00 am to 5:00 pm and after 5:00 pm and before 8:00 am EST for CLIENTS respective time zone shall be at the then currently published rate. All billable service calls will have a minimum charge of two hours. Billable service will be provided upon receipt of a Purchase Order, letter of authorization or credit card information. 8.0. Changes in Charges. At least 120 days prior to the expiration of the Initial Term or any Renewal term, VISIONAIR may make changes to the Covered Maintenance fees and the Billable Call Rate, such changes to be effective at the commencement of the immediately subsequent Renewal term, if any. CLIENT may terminate this Agreement within sixty (60) days after receipt of the first invoice with changed charges by giving VISIONAIR sixty (60) days written notice of its intention to terminate, and this agreement will terminate as of the date for termination set forth in the CLIENT's notice to VISIONAIR or at the end of such sixty (60) day period, whichever last occurs. 9.0. Payment. VISIONAIR will invoice the CLIENT in advance for each year for Covered Maintenance. Such invoices will include pro rata charges or credits for any Covered Maintenance of Licensed Software installed or removed during the previous term or prior to the Effective Date. VISIONAIR will invoice CLIENT for Billable Call Maintenance as incurred and CLIENT shall pay invoices for Covered Maintenance, including any invoices outstanding on the Effective Date of this Agreement, on or prior to the commencement of each term. The attached quote is hereby incorporated by reference. All payments shall be paid by CLIENT within thirty (30) days upon receipt of invoice by CLIENT. 10. Disclaimer of Warranty. VISIONAIR makes no warranty of any kind, express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose with respect to the subject matter hereof, maintenance to be performed by VISIONAIR pursuant to the terms hereof, or parts to be supplied hereunder. 11. Limitation of Liability. VISIONAIR SHALL NOT BE LIABLE FOR ANY DAMAGES INCURRED, UNLESS SUCH DAMAGES ARE CAUSED BY THE NEGLIGENT OR INTENTIONALLY TORTIOUS ACT OR OMISSION OF VISIONAIR, ITS EMPLOYEES OR REPRESENTATIVES. IN NO CASE, HOWEVER, SHALL VISIONAIR BE HELD LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCE SHALL VISIONAIR'S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID TO VISIONAIR BY THE CLIENT UNDER THIS AGREEMENT. 12. Hardware and Network Upgrades. CLIENT acknowledges that due to the dynamic nature of the information technology industry and frequent product replacements and/or upgrades developed independently by third party hardware and software vendors, VISIONAIR has no control over the turnover of product or obsolescence of technology of third party products. CLIENT also acknowledges that VISIONAIR develops its Network Hardware Specification Document based upon all of the third party product information available at the time of publication. Therefore, with respect to third party hardware and 041206 Rev 1 Page 4 of 6 software, CLIENT shall retain the responsibility for the costs of purchase and installation of hardware and software upgrades necessary to maintain the functionality of the Licensed Software. VISIONAIR develops the Network Hardware Specification document considering that no other software application will be installed. Additional hardware specifications should be considered if the CLIENT intends to run other applications. Additionally, the accumulation of data in CLIENT's database over a period of time may require expanding the capacity of hard drives and memory of the system servers and workstations in order to maintain performance at response times acceptable to the CLIENT. Subject to all of the affirmative duties and obligations of VISIONAIR under this Software Maintenance. Agreement, it is the CLIENT's sole responsibility to maintain the system to ensure adequate response times. 13. Product revisions and support. VisionAIR's obligation to provide support under this agreement diminishes as products are replaced by more current releases. The current, generally available (referred to as GA), version of the software and the version immediately preceding it are fully supported. These two versions qualify for phone support, engineered defect corrections and/or modifications required for the software to operate as designed. Any versions older than the two referenced versions will receive phone support and resolution of Priority 0 defects as they occur. VisionAIR will announce the availability of new software releases to facilitate timely upgrade to avoid product obsolescence. 14. Force Majeure. rNeither party shall be liable or deemed in default for any failure in performance hereunder resulting from any cause beyond its reasonable control. 15. Termination for Non-payment. If CLIENT is in default due to non-payment, and after VISIONAIR has given CLIENT written notice and such default is not cured after 15 days then VISIONAIR may terminate this agreement at any time upon written notice to CLIENT. 16. Notices. Any Notice, request, instruction or other document pertaining to this Agreement shall be sent to the appropriate party's address as set forth above, and shall be deemed to have been duly given or served if delivered in person or deposited in the United States mail, certified mail, return receipt requested. 17. Construction. This Agreement has been prepared jointly and will not be strictly construed against either party. California 18. General. This Agreement shall be governed by the laws of the State of North (aka. This Agreement constitutes the entire agreement between the parties hereto with respect to maintenance of the Licensed Software and shall supersede all previous or contemporaneous negotiations, commitments and writings with respect to matters set forth herein. It may be only modified by writing signed by authorized representatives of both parties. The terms and provisions of this Agreement shall prevail over any conflicting, additional or other terms appearing on any purchase order submitted by the CLIENT at any time. 041206 Rev Page 5 of6 VisionAIR, Inc. Signature: Name: Mike Lyons Title: Chief Executive Officer Date: Client Name. CITY OF VERNON 7 Signature:s'� Narita: Leonis C . Malburg Title: Mayor Date: ATTEST: /1 By: Bruce alkenhorst, Jr. Acting ty Clerk APPROVED AS TO FORM: Eric T. Fresch, City Attorney 041206 Revl Page 6 of 6 ATTACHMENT "D": SOFTWARE SERVICE AGREEMENT City of Vernon 4305 Santa Fe Avenue Vernon, CA. 90058 August 25, 2006 This SOFTWARE SERVICE AGREEMENT er ' fter "Agreement") (incorporated in to the Software License Agreement of avast as Attachment D) is entered into by and between City of Vernon, CA. (hereinafter "CLIENT") and VISIONAIR INC., a North Carolina based company with offices located at 5601 Barbados Blvd., Castle Hayne, North Carolina 28429 (hereinafter "VISIONAIR"). VISIONAIR shall perform' maintenance services on the Licensed Software and CLIENT shall accept and pay for such services, pursuant to the terms and conditions herein provided. Licensed Software shall mean the VISIONAIR software as described in the Quotation (Attachment B to the Software License Agreement), as such may hereafter be supplemented and as such Licensed Software may hereafter be updated with improvements, enhancements and modifications furnished to CLIENT by VISIONAIR. 1.0 Initial Term. This agreement shall become effective on the date shown above (hereinafter "Effective Date"), and, unless sooner terminated as hereinafter provided, shall remain in full force and effect for a period of no less than one year. 2.0 Automatic Renewal. Upon expiration of the Initial Term, this Agreement shall be automatically extended on a year-to-year basis (herein after "Renewal term") unless sixty (60) days prior to the expiration date of the Initial Term, or any Renewal term, a party hereto gives written notice to the other party of its termination of the Agreement as of such expiration date. 3.0 Covered Maintenance: 3.1 Commercial Off the Shelf Software (COTS). The term "Covered Maintenance" as used herein means the periodic and on -call remedial maintenance VISIONAIR deems reasonably appropriate and necessary to keep the CLIENT'S Licensed Software functioning properly. Please see section 3.2 for Custom Solutions (a) Telephone Support for the Licensed Software, utilizing an 800 line provided by VISIONAIR. During the Initial Term, this telephone support will be based on the coverage plan as specified in the Quotation. (b) Standard upgrades and enhancements that are made to the Licensed Software. VISIONAIR issues corrections, upgrades and enhancements to the software on an ongoing basis. All modifications to the Licensed Software and related Documentation will be made available to the CLIENT on standard electronic media (CD-ROM); remote access through VisionAIR approved remote access products and protocols, dedicated telephone dialup or Website download. (c) Initial fact-finding (Tier 1) support for 3rd party software embedded or used in conjunction with the application software. Tier 1 support does not include defect resolution or modifications from VisionAIR. VisionAIR will escalate to the appropriate vendor calls for service for 3rd party applications defect resolution or modifications. 041206 Rev 1 Page 1 of 6 (d) Correction of reported malfunctions ("defects") in the application software. (e) Phone support assistance in updating new releases of the Licensed Software on the CLIENT's servers. (f) Recording, CLIENT'S request for changes to the Software. A VISIONAIR Product Manager will document the CLIENT's request and submit it for consideration in future releases of the Software. VisionAIR is under no obligation to include the CLIENT'S request for change in any future releases of the Software. Client Service personnel are available to answer questions related to the Software and to provide solutions for issues within the Software. If an issue is defined as a defect, Client Service will escalate the issue for resolution and provide the correction when available. A "defect is defined as an error in the code of the Licensed Software which prevents a Module from operating in accordance with the VISIONAIR Documentation in any material respect. 3.2 Custom Solutions (Applications): (a) Telephone Support for the Licensed Software, utilizing a toll -free 800 telephone number provided by VISIONAIR. During the Initial Term, this telephone support will be based on the coverage plan as specified in the Quotation. (b) Correction of reported malfunctions ("defects") in the VISIONAIR application software. (c) Recording CLIENT's request for changes to the Software. A VISIONAIR Product Manager will document the CLIENT's request and submit it for consideration in future releases of the Software. (d) Changes to the Custom Solution resulting from changes to VisionAIR products, initiated by VisionAIR, which interfere with the intended functionality of the Custom Solution 4.0 Exclusions from Covered Maintenance: 4.1 Custom off the Shelf (COTS) Products: (a) Repair of damage not caused by VISIONAIR, including without limitation, damage resulting from accident, transportation, neglect or misuse, lightning, failure or fluctuation of electrical power, air conditioning or humidity control, telephone equipment or communication lines failure, failure of non-VISIONAIR interconnect equipment, or causes other than normal operation procedures. (b) Service which is impractical for VISIONAIR to render because of: alterations in the Licensed Software made by persons other than VISIONAIR; the connection of equipment and/or Software by mechanical or electrical means to another machine or device; (c) Any repair of any damage to the Licensed Software caused by software or firmware programming that is not provided or supported by VISIONAIR under section 3, Covered Maintenance. (d) This Agreement does not include professional services (on site training, installation or upgrades of third party software applications used in conjunction with or required by any VisionAIR specifications , data migrations, or project management) deemed necessary by VisionAIR. On site services will be charged separately. (e) Platform changes, including, but not limited to, Operating Systems, Hardware, Telecom Equipment, etc. 041206 Rev 1 Page 2 of 6 Custom. Solutions (Applications) Exclusions: (a) Platform changes, including, but not limited to, Operating Systems, Hardware, Telecom Equipment, etc. (b) Government mandated changes (c) Changes to third party applications (d) Requests for changes in the Custom Solution (Application) (e) Biz Talk orchestrations including interfaces that are not associated with VisionCONNECT. (f) Other modifications or changes in software, hardware or configuration not related to changes in the VisionAIR product, which are not initiated by VisionAIR. (g) This Agreement does not include professional services (on site training, installation or upgrades of third party software applications used in conjunction with or required by any VisionAIR specifications, data migrations, or project management) deemed necessary by VisionAIR. On site services will be charged separately. 5.0 Charges to CLIENTS: (a) Charges for Covered Maintenance: The applicable rates for Covered Maintenance are set forth in the Quotation (Attachment B to the Software License Agreement). (b) Charges for Billable Call Maintenance: The hourly rate charges are posted on the Client Service Center Web page for both business hours and non -business hour rates. (c) Charges for Travel: Upon prior written authorization, CLIENT shall pay for travel time and travel expense in connection with Billable Call Maintenance. Travel time will be charged to the CLIENT at one- half the Billable Call Rate. Travel expense will be charged as incurred and includes tolls, parking and other out-of-pocket costs plus mileage at the then current rates. There will be no additional charge to the CLIENT for travel expense incurred in connection with Covered Maintenance. (d) Charge for Software License Changes: All Covered Maintenance fees hereunder are subject to increase or decrease upon any change in number of concurrent user licenses or software modules licensed. 6.0 Client Responsibilities: 6.1 Remote Connectivity Maintenance Service. Client shall supply remote access to Client's network, servers and workstations in order for VisionAIR to perform Covered Maintenance, Billable Call Maintenance and Internet connection for the purpose of allowing secure access via the Internet and the latest version of Microsoft's Internet browser software (Internet Explorer) to any workstation or server covered by Maintenance Service. VisionAIR may elect to use, at its sole discretion, properly licensed third -party remote connectivity software owned by the client agency and installed on a system with Internet connection. VisionAIR will not bear the burden of procuring and/or licensing any remote connectivity software or loading it on VisionAIR Client Services systems. Client shall also maintain a dedicated phone line, modem and Microsoft's current remote access software (such as Remote Access Server — RAS) that can be enabled to allow VisionAIR personnel to authenticate to their network for support purposes in the event that there are unforeseen problems with the Internet method of connectivity. 041206 Rev1 Page 3 of 6 6. 2. Backup of data. CLIENT is responsible to maintain a proper set of data backups in the event that it becomes necessary to recover from a disaster. 7.0. Billable Call Maintenance. The term "Billable Call Maintenance" as used herein means services provided by VISIONAIR that are not included under Covered Maintenance. The rates for these services from 8:00 am to 5:00 pm and after 5:00 pm and before 8:00 am EST for CLIENTS respective time zone shall be at the then currently published rate. All billable service calls will have a minimum charge of two hours. Billable service will be provided upon receipt of a Purchase Order, letter of authorization or credit card information. 8.0. Changes in Charges. At least 120 days prior to the expiration of the Initial Term or any Renewal term, VISIONAIR may make changes to the Covered Maintenance fees and the Billable Call Rate, such changes to be effective at the commencement of the immediately subsequent renewal term, if any. CLIENT may terminate this Agreement within sixty (60) days after receipt of the first invoice with changed charges by giving VISIONAIR sixty (60) days written notice of its intention to terminate, and this agreement will terminate as of the date for termination set forth in the CLIENT's notice to VISIONAIR or at the end of such sixty (60) day period, whichever last occurs. 9.0. Payment. VISIONAIR will invoice the CLIENT in advance for each year for Covered Maintenance. Such invoices will include pro rata charges or credits for any Covered Maintenance of Licensed Software installed or removed during the previous term or prior to the Effective Date. VISIONAIR will invoice CLIENT for Billable Call Maintenance as incurred and CLIENT shall pay invoices for Covered Maintenance, including any invoices outstanding on the Effective Date of this Agreement, on or prior to the commencement of each term. The attached quote is hereby incorporated by reference. All payments shall be paid by CLIENT within thirty (30) days upon receipt of invoice by CLIENT. 10. Disclaimer of Warranty. VISIONAIR makes no warranty of any kind, express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose with respect to the subject matter hereof, maintenance to be performed by VISIONAIR pursuant to the terms hereof, or parts to be supplied hereunder. 11. Limitation of Liability. VISIONAIR SHALL NOT BE LIABLE FOR ANY DAMAGES INCURRED, UNLESS SUCH DAMAGES ARE CAUSED BY THE NEGLIGENT OR INTENTIONALLY TORTIOUS ACT OR OMISSION OF VISIONAIR, ITS EMPLOYEES OR REPRESENTATIVES. IN NO CASE, HOWEVER, SHALL VISIONAIR BE HELD LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCE SHALL VISIONAIR'S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID TO VISIONAIR BY THE CLIENT UNDER THIS AGREEMENT. 12. Hardware and Network Upgrades. CLIENT acknowledges that due to the dynamic nature of the information technology industry and frequent product replacements and/or upgrades developed independently by third party hardware and software vendors, VISIONAIR has no control over the turnover of product or obsolescence of technology of third party products. CLIENT also acknowledges that VISIONAIR develops its Network Hardware Specification Document based upon all of the third party product information available at the time of publication. Therefore, with respect to third party hardware and 041206 Rev1 Page 4 of 6 software, CLIENT shall retain the responsibility for the costs of purchase and installation of hardware and software upgrades necessary to maintain the functionality of the Licensed Software. VISIONAIR develops the Network Hardware Specification document considering that no other software application will be installed. Additional hardware specifications should be considered if the CLIENT intends to run other applications. Additionally, the accumulation of data in CLIENT's database over a period of time may require expanding the capacity of hard drives and memory of the system servers and workstations in order to maintain performance at response times acceptable to the CLIENT. Subject to all of the affirmative duties and obligations of VISIONAIR under this Software Maintenance Agreement, it is the CLIENT's sole responsibility to maintain the system to ensure adequate response times. 13. Product revisions and support. VisionAIR's obligation to provide support under this agreement diminishes as products are replaced by more current releases. The current, generally available (referred to as GA), version of the software and the version immediately preceding it are fully supported. These two versions qualify for phone support, engineered defect corrections and/or modifications required for the software to operate as designed. Any versions older than the two referenced versions will receive phone support and resolution of Priority 0 defects as they occur. VisionAIR will announce the availability of new software releases to facilitate timely upgrade to avoid product obsolescence. 14. Force Majeure. Neither party shall be liable or deemed in default for any failure in performance hereunder resulting from any cause beyond its reasonable control. 15. Termination for Non-payment. If CLIENT is in default due to non-payment, and after VISIONAIR has given CLIENT written notice and such default is not cured after 15 days then VISIONAIR may terminate this agreement at any time upon written notice to CLIENT. 16. Notices. Any Notice, request, instruction or other document pertaining to this Agreement shall be sent to the appropriate party's address as set forth above, and shall be deemed to have been duly given or served if delivered in person or deposited in the United States mail, certified mail, return receipt requested. 17. Construction. This Agreement has been prepared jointly and will not be strictly construed against either party. California 18. General. This Agreement shall be governed by the laws of the State of Waith CgO44na. This Agreement constitutes the entire agreement between the parties hereto with respect to maintenance of the Licensed Software and shall supersede all previous or contemporaneous negotiations, commitments and writings with respect to matters set forth herein. It may be only modified by writing signed by authorized representatives of both parties. The terms and provisions of this Agreement shall prevail over any conflicting, additional or other terms appearing on any purchase order submitted by the CLIENT at any time. 041206 Rev1 Page 5 of 6 VisionAIR, Inc. Signature: Dame: Mike Lyons Title: Chief Executive Officer Date: Client Name :#' CITY OF VERNON Signature`C Name: Leonis C. Malburg Title: Mayor Date: ATTEST: j By: l Bruce V. lkenhorst, Jr. Acting City Clerk APPROVED AS TO FORM: Eric T. Fre h, i Attorney 041206 Rev1 Page 6 of 6 S I O I R VERNCA01 Vernon Police Department Purchasing Department 4305 Santa Fe Avenue Vernon, CA 90058 Quantity Description JUL. 0 5 2006 TREASURER'S OFFICE CITY OF VERNON INVOICE Invoice #: IVC08351 Invoice Date: 6/30/2006 Your PO#: 06/07 SWMTC Date Due: 8/24/2006 Per Unit Amount 1 RMS 8x5 Software Support $9,454.00 $9,454.00 August 25, 2006 through August 24, 2007 VisionRMS Base: 10 Position 1 CAD 24x7 Software Support $16,961.55 $16,961.55 August 25, 2006 through August 24, 2007 VisionCAD: 1-2 Position 1 Mobile 8x5 Software Support $18,943.40 $18,943.40 August 25, 2006 through August 24, 2007 VisionMobile Message Switch: 20 Position, Mobile Base: 19 Position 1 Mobile 8x5 Software Support $2,491.70 $2,491.70 August 25, 2006 through August 24, 2007 Software and Services Integration with CLETS 1 RMS 8x5 Software Support $2,491.70 $2,491.70 August 25, 2006 through August 24, 2007 Live Scan Interface 1 Mobile 8x5 Software Support $547.87 $547.87 August 25, 2006 through August 24, 2007 Job#000179 VisionMobile Base: 2 Position - 1 Mobile 8x5 Software Support $918.58 $918.58 June 7, 2006 through August 24, 2007 Job#057048 VisionMobile Law Vehicle Workstation: 3 Position, pro -rated 1 Job#061003 not live $0.00 $0.00 1 Go To Assist $400.00 $400.00 Disputed Payments must be mailed to VisionAIR, Subtotal $52,208.80 5601 Barbados Blvd, Castle Hayne, NC 28429-900'0 Misc $0.00 Attention: Accounts Receivable. If you have Tax $2,137.14 questions, call 800-882-2108 ext 6166 or 5162. Total $54,345.94 All other payments, Remit to: VisionAIR, Dept AT 952157, Atlanta,GA 31192-2157 PO Box 9000 a 5601 Barbados Blvd. ® Castle Hayne, NC 28429 800-882-2108 • 910-602-6190 fax • www.visionair.com DURING THE PERIOD .0P AUOU$T 25, 2006 THROUGH rt't i a AUGUST 24, 20g7; V NDORTO ,ROV.108. 1 each RMS 8x5 SOFTWARE SUPPORT, 1d PO$(TION $94 - 4.00 $9,464,00 1 each CAD 24x7 SOFTWARE SUPPORT, 1 2,,POSITION $16961,55 $161961.55. 1 each MOBILE 8x5 SOFTWARE SUPPORT, 2;0 POSITION $18943.40 "' $18,943.40 MESSAGESWITCH;,°19 POSITION;NIOME 5ASE 1 each IVIO0 8x5"SOFTWAI > SUP .ORTTA T1NARE,P,ND $2491.70 $- 491.70 SERVICES'IN1 EGIA iION 1/VITH' CUTS 1 each RMS 04,,SOFTWARE=SUPPCIRT, LIVE SCAN $249.1.70 $2,491.70 1NTEAFACE 1 each MOBILE 8x5,"8.OFTWARE SUPPORT, VISION MOBILE $547.87 $547.87 BASS ;2 POSITION, 1 each GO TO ASSfS1400:00 $400.00 DURING THE PPRIOb OFJLINE 7, 20O6THROk1GH AUGUST 24,2007,"VENDOR TO PROVIDE:; each MOBILE 8x5 SOF1 VI%ARE StJPPOR f, VISfONMOBII E $918,5$ $918.5$ LAW VEHICLE WO14KSTA1 IUN:, 3 P(761T`ION, 1 each �s�an�DATli6 ,J06 006100NOT LIVIw (N,OCHARGE) $0M $0,00 1 TAX $2137.14 $2,137.14 Subiot t $54, 345, 94 - Tax: S ' ppil" SCHEDULED DELIVERYY DATE: Tcstal:` * IF ITEMS ARE "NOT.BUDGETED, EXPLAIN NATURB.OF REQUEST BELOW; OR -SUBMIT MEMORANDUM: INVOICt :IVC08-3' .ATTAGH' D _ I h b th' t th b 'te — r nece6— for the o "eratiA i,A this non„+ . + ere_ y ce i y. a e a ove e y p, ISSUED BY DATE RCIVED BY hATE PURCHASE ORDER NUMB e� q C c JUD I MemoCc rA c>rr> To: Rory Burnett, Finance Director From: Dolores Jaunzemis, Purchasing Assistan Date: August 10 2006 Re: Visionair U Attached for your approval is requisition #21159. The Police Department is requesting renewal of the software service agreement with Visionair for a Computer Aided Dispatch System (CAD), Mobile Computer Terminal (MCT) and Vision records Management System (RMS) for the period of August 25, 2006 through August 27, 2007. Visionair is the only supplier who can provide the annual software support services to maintain the above mentioned software systems. The annual cost has increased by approximately 6% plus the department has added mobile software to 3 new Tahoe units (prorated since June 7, 2006). The approximate cost is $54,345.94 (applicable sales tax included, no freight charges). The department has budgeted sufficient funds to cover this yearly expenditure. 0 Page 1