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HomeMy WebLinkAboutReso 2006-910 RESOLUTION NO. 2006- q 10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A PURCHASE AGREEMENT AND A SERVICE AGREEMENT WITH BEAR PAW SYSTEMS, INC. FOR A TELEPHONE/RADIO RECORDING SYSTEM AND MAINTENANCE SERVICES FOR THE POLICE DEPARTMENT, IN THE AMOUNTS OF FIFTEEN THOUSAND SIX HUNDRED FORTY-SEVEN DOLLARS ($15,647.00) AND ONE THOUSAND SIX HUNDRED FORTY- SEVEN ($1,647.00) RESPECTIVEL Y, ATTACHED HERETO AS EXHIBIT "A"AND EXHIBIT "B"; AUTHORIZING THE MA YOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Sunny Isles Beach Police Department IS 111 need of a new telephone/radio recording system for its communications section; and WHEREAS, the telephone/radio recording system desired includes equipment and software and maintenance services for said equipment and software; and WHEREAS, staff has obtained quotes from at least three (3) vendors for the telephone/radio recording system, with Bear Paw Systems, Inc. ("Bear Paw") submitting the lowest most responsive, responsible bid; and WHEREAS, Bear Paw has submitted a Purchase Agreement for telephone/radio recording system equipment and software, in a total amount of Fifteen Thousand Six Hundred FOliy-Seven Dollars ($15,647.00), attached hereto as Exhibit "A"; and WHEREAS, Bear Paw has submitted a Service Agreement for maintenance of said telephone/radio recording system equipment and software, in an annual amount of One Thousand Six Hundred FOl1y-Seven Dollars ($1,647.00), with automatic renewal options for one-year periods at the same terms and conditions except that the Service Fee shall be annually adjusted to Bear Paw's then current maintenance rates, attached hereto as Exhibit "B"; and WHEREAS, staff has determined the above charges to be reasonable and customary for said purchase and services and recommends Commission approval of both agreements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Purchase Agreement. The Purchase Agreement with Bear Paw Systems, Inc. for telephone/radio recording system equipment and software for the Police Depm1ment, in the amount of Fifteen Thousand Six Hundred Sixty-Four Dollars ($15,647.00), attached hereto as Exhibit "A", be, and the same, is hereby approved. R2006- Bear Paw Purchase & Maintenance Services Agrmt Page I of 2 Section 2. Approval of Service Agreement. The Service Agreement with Bear Paw Systems, Inc. for maintenance of said Police Department telephone/radio recording systems, in an annual amount of One Thousand Six Hundred Forty-Seven Dollars ($1,647.00), ), with automatic renewal options for one-year periods at the same terms and conditions except that the Service Fee shall be annually adjusted to Bear Paw's then current maintenance rates, attached hereto as Exhibit "BOO, be, and the same, is hereby approved Section 3. Authorization of Mayor. The Mayor IS hereby authorized to execute said Agreement. Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of the Agreement. Section 5. Effective Date. This Resolution will become effective upon adoption. ATTEST: ~o~A:~ Jane A. Hines, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Moved by: Cowwy\'\",S\tH\)1'.fC ~-AA) Seconded by: {"---OVt\YY\\ ~<;'IONm -rH-4L<r.~ Vote: 5_0 Mayor Norman S. Edelcup Vice Mayor Roslyn Brezin Commissioner Geny Goodman Commissioner Danny Iglesias Commissioner Lewis Thaler v (Yes) V(Y es) v (Yes) V(Yes) V (Yes) _(No) _(No) _(No) _(No) _(No) R2006- Bear Paw Purchase & Maintenance Services Agrlnt Page 2 of2 BEAR PAW SYSTEMS, INC. PURCHASE AGREEMENT Exhibit "A" Bear Paw Systems. Inc.. a Florida Corporation. 21961 U.S. 19 North. Clearwater, FL 33765 (referred to as "Seller") and Sunnv Isles Police Department (referred to as "Buyer") hereby agree as follows: 1. Seller hereby agrees to sell and Buyer hereby agrees to purchase the following equipment and Software ("Equipment") subject to the following terms and conditions: a) EQUIPMENT QUANTITY DESCRIPTION Wygant 8 channel Defender with AIM and VoIP interfaces b) ESTIMATED INSTALLATION DATE no later than 45 davs after receiPt of order e) PURCHASE PRICE $ 15.664,00 d) TERMS OF PA YMENT Buyer shall pay to Seller the total Purchase Price indicated in item C above. Terms of payment shall be net 30 days. All payments shall be due Seller at its place of business: 21961 U,S, 19 North, Clearwater, FL 33765, 2. LIMITED WARRANTY AND LIMITATION OF REMEDY. a) Subject to all of the provisions of this Paragraph 2, Seller warrants for a period of NINETY (90) days from the date of installation that the Equipment will be free from defects in material and workmanship. This warranty does not however extend to any item of equipment, which has been repaired by others, abused or improperly handled, stored, altered or used with third party material or equipment that is defective or of poor quality, or to any item of Equipment that has not been installed by the Seller. The Software installed is warranted for a period of NINETY (90) days, b) If Buyer notifies Seller of any detects covered by this warranty within the above stated one year or 90 Day period. Seller shall, at Seller's option, repair or replace the Equipment or software at its expense. 3. INDEMNIFICATION. Seller agrees to indemnify and hold harmless, Buyer, its elected officials, officers, agents, and employees from, and against any and all claims, actions. liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts. errors, omissions or other wrongful conduct of Seller, its agents or other personal entity acting under Seller's control in connection with the Seller's performance of services pursuant to that agreement and to that extent Seller shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the Buyer in defense of such claims and losses including appeals. The parties agree that ten pcrcent (10%) of the total compensation is a specific consideration from the Buyer to Seller for this indemnity. 4. SELLER'S INSTALLATION OBLIGATIONS. Seller's services shall be limited to the installation of the equipment and software on schedule "A" above and user training, as specifically set forth in the Service Agreement. 5. BUYER'S INSTALLATION OBLIGATIONS, a) Seller agrees to deliver and install Equipment at Buyer's address ("Premises") Buyer agrees to makc the Premises available and ready for installation of Equipment and at its own expensc including the furnishing of commercial power and access necessary to install and maintain the Equipment. b) Customers radio and or telephone vendors must supply the proper audio inputs, idcntified and tcrminated, to within six feet of where the recorder will physically reside. Customer's Information Systems department must provide LAN access, routing and addressing. IP address must be static, 6. SELLER'S SECURITY INTEREST. Until such time as Buyer has paid Seller the Purchase Price in full, Buycr hcreby grants and Sellcr hereby rctains a purchase moncy security interest in the Equipment. 7. DAMAGES UPON DEFAlIL T. a) Ifany Party. through any cause within its reasonable control, breaches thc terms of this agreement or otherwise fails to fulfill its obligations in a timely manner or otherwise violates any of the covenants, agreements or stipulations material to this agreement, such breach shall constitute a default. The non-breaching Party shall notify the breaching Party ofthc default and grant the breaching Party ten (10) days to cure such default. If the default remains uncured after the ten (10) days curing period elapses, the non-breaching Party may terminate this agreement. S\B Page 2 of 3 b) Default by the Seller (i) If the Buyer elects to terminate this Agreement, all finished and unfinished documents, data and other work product prepared by Seller and/or Seller's agent(s) shall be delivered to the Buyer and the Buyer shall compensate the Seller for all services satisfactorily performed prior to the date oftennination, (ii) Notwithstanding the foregoing, the Seller shall not be relicved of liability to the Buyer for damages by virtue of Seller's breach of the agreement and the Buyer may reasonably withhold payments to Seller for purposes of set-off until such time as the exact amount of damagcs due the Buycr from the Seller is determined. e) Default by the Buycr I) Should default by the Buyer occur before delivery of the Equipment to Buyer's premises the Buyer recognizes that Seller in connection with the performance of this Agreement will have incurred costs and expenses to Scller's damage. Therefore, Buyer agrees that Seller may retain Buyer's deposit of the amount of the Contract price to Seller as liquidated damages upon a default occurring before delivery of the Equipment. 2) Should default occur after delivery of this Equipment: (i) Seller may disable the Equipment and may tender writtcn request to Buyer to for the return ofthc Equipment. (ii) If Buyer fails to surrender possession of the Equipment to Seller after Seller tenders a written request to Buyer, Seller shall have the right to entcr Buyer's premises and may without brcach of the peace, take possession of the Equipment and take any other legal right available to it and (iii) Seller shall be entitled to rcceivc damages actually incurred by it as a result of such deHluIt including loss of profits. d) The above remedics shall be cumulative and shall preclude the exercise of any Seller's rights available to it under law. Failure to enforce a breach shall precludc latcr enforcement. 8. A TTOnNEY'S fEES. In the event of any legal action brought to enforce this Agreemcnt, the prevailing party shall be entitled to a reimbursement of its reasonable attorney's fees and costs incurred at both trial and on appeal. 9. AMENDMENTS AND CONSTRUCTION. Any changc in the terms of this Agreement or to any ofthc Schcdules attached hereto and made a part hereof or any waiver or termination hercundcr shall be cffective only in writing signed by an authorized representative of Buyer and authorized representative of Scller. This Agreement has becn finally acceptcd in the State of Florida and its construction shall be governed by the laws of the State of Florida. 10. GOVERNING LAW; .JlIRISDICTlON, This agreement shall be governed by and construed in accordance with thc Laws of the State of Florida (exclusive of its conflict of law provisions), and all obligations of the parties created hereunder are performable in Sunny Isles Beach, Miami-Dade County, Florida. Buyer agrees that any action or proceeding arising out of or relating to this Agreement shall be instituted and maintained by it in any State or Federal Court of general jurisdiction in Miami-Dade County, Florida. Parties irrevocably submits to the jurisdiction of such Courts and waives any objection it may have to either the jurisdiction or vcnue of such court. I I. FORCE MAJEURE. Ncither party hereto shall be liable for the failure to perform any of its obligations under this Agreement ifsuch failure is caused by the occurrencc of any force majeure bcyond the reasonable control of such party. including without limitation, fire, flood, strikes and other industrial disturbances, failure of supply or suppliers, failurc of transport. accidents, war, riots, insurrections, acts of God or orders of governmental agencies. 12. RISK Of LOSS, Risk of loss for any damage to or destruction of the Equipment cOlllmences upon delivery to Buyer's premises rcgardless of any breach by Scller and shall be borne by Buyer except for damage due to the willful conduct of Seller. 13. RELATIONSHIP Of PAnTIES. Parties agree that Seller is not an employee of the Buyer. but is retaincd solely as an independent contractor and as such, neither Seller or its agents are entitlcd to any benefits granted to Buyer's officials, officers and employees, 14. NOTICES, All notices and communications hereunder shall bc in writing and shall be dcemed given when scnt postage prepaid by registered or ccrtified mail, return receipt requested and, if intended for the Buyer to A. John Szerlag, City Manager, with a copy to Hans Ottinot, City Attorney, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, and, if intended for Seller, shall be addressed to BEAR PAW SYSTEMS, INC., 21961 U,S. 19 North. Cearwater, Florida 33765. 15. ENTIRE AGnEEMENT. BUYER HAS CAREFULLY READ ALL PROVISIONS OF THIS AGREEMENT AND ACKNOWLEDGES THAT THIS AGREEMENT CONSTITUTES THE FINAL EXPRESSION OF THE PARTIES AGREEMENT AND IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS OF SUCH AGREEMENT. UNTIL ACCEPTED AND SIGNED BY AN OFFICER OF SELLER AT ITS PRINCIPAL OFFICE THIS AGREEMENT SHALL NOT BECOME EFFECTIVE AND SHALL NOT CONSTITUTE A BINDING CONTRACT. S\B Page 3 of 3 IN WITNESS WHEREOf', the partics hcreto have caused this Agrecment to be properly executed intending that it should be legally binding upon them and their heirs, successors, and assigns, The effective date of this Agreement is: By: Name: Be~ By: Title: Dated: 1!tQ/IJ' I l Dated: 4/"/bl.- I . By: d Legal Sufficiency S\B BEAR PAW SYSTEMS, INC. SERVICE AGREEMENT This agreement is made as of Ap ri I II, ..2COLo between BEAR PA W SYSTEMS, lNC., a Florida corporation, 21961 U.S, 19 North, Clearwater, Florida t 33765("BPS") and Sunnv Isles Police Deoartment ("Customer"): EXHIBIT "B" I) SERVICE PLAN. Customer owns a Wygant recording system, Customer orders from BPS the Servicc Plan described in this Agreement (Section 8 or Alternate Servicc Plan Attachment) and BPS agrees to furnish such requested service for the System, The System and its location (the "Premises") are described in the Customer and System Information Attachment. Customer warrants that it is the owner of the System or that it has the authorization of the System's owner to enter into this agreement. 2) SERVICE FEE - Customer agrees to pay a plan service fee of $ 1647.00 per year, to be paid in advance, for maintenance of the System (the "Service Fee") plus all applicable taxes when due, CUSTOMER WILL PROVIDE EVIDENCE OF ITS TAX EXEMPT STATUS IF IT CLAIMS SUCH STATUS. 3) TERM. The term of this Agreement shall be for a period of QillUD year commencing upon cxecution of this Agreement by BPS (the "Commencement Date") and may be renewed for successive one year periods upon written notice by thc Customer and subject to the same terms and conditions contained herein, except that Parties may negotiate an adjustment of the Service Fee. Either party may tenninate this Agreement by giving the other party written notice of termination at least thirty (30) days prior to the expiration of the original tenn or expiration of any successive renewal pcriod. 4) ATTACHMENTS. The following documents are attached to and made a part of this agreement: Customer and System ]nfonnation _ Alternate Service Plan (Plan Type 5) LIMITATION OF LIABILITY. BPS AND ITS SUPPLIERS OR SUBCONTRACTORS SHALL NOT BE LIABLE FOR (i)ANY SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, (ii) COMMERCIAL LOSS OF ANY KIND (INCLUDING LOSS OF BUSINESS OR PROFITS), OR (iii) ANY DAMAGES OF ANY KIND RESULTING FROM UNAUTHORIZED USE OF THE SYSTEM, WHETHER BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, STRICT LIABILITY IN TORT OR ANY OTHER LEGAL THEORY, EXCEPT WHERE SUCH LOSS OR DAMAGE IS A RESULT OF THE NEGLIGENT ACT(S) OF BPS AND/OR ITS AUTHORIZED AGENTS. 6) INDEMNIFICATION. BPS agrees to indemnify and hold harmless, Customer, its elccted officials, officers, agents, and employees from, and against any and all claims, actions. liabilities, losses and expenscs including. but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property. at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of BPS, its agents or other personal entity acting undcr BPS' control in connection with the BPS' performance of services pursuant to that agreement and to that extent BPS shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the Customer in defcnse of such claims and losses including appeals, The parties agree that ten percent (10%) of the total compensation is a specific consideration from the Customer to BPS for this indemnity. 7) EXECUTION, THIS AGREEMENT INCLUDES THE ADDITIONAL PROVISIONS STATED ON THE NEXT PAGE AND THOSE IN ANY A TT ACHMENT BEARING CUSTOMER'S INITIALS. This Agreement binds Customer to pay the Service Fee whcn it is signed by Customer and binds BPS when it is signed by BPS and delivered to Customer. 8) OBLIGATIONS a) BPS shall respond to System failures, either on-site or remotely, as necessary, during the hours specified under the Service Plan chosclI by the Customer. Repair and replacement parts may be new or like new. b) Service calls made beyond the hours set forth in the Service Plan for both regular and emergcncy service shall bc performed by BPS upon Customer's requcst. Customer agrecs to pay BPS for such service calls, at BPS's then prevailing rates, at a minimum incremcnt of three (3) hours initially with subsequent increments of one half (y,) hour. 9) BASIC SERVICE PLAN - GOLD SERVICE a) Unless stated otherwise on an Attachment, this Agrcement includes BPS's Gold Service Plan, Under Gold Servicc, BPS will respond to an emergency outage within four (4) hours of receipt of notice of such failure; twenty-four hours pcr day, seven days per week, BPS will respond to a non-emergency outage by thc end ofthc next husiness day following receipt of notice of such failure. b) The Gold Service plan also includes a prcventative maintenancc, communications consultation on the System. Maintenance on the system includes Wygant software upgrades. Additional Terms and Conditions 10) SERVICE FEE AD,JlJSTMENTS. Changes that adjust the station or port count as well as upgradcs and new peripheral devices ("Modifications") will modify the Service Fee after any applicable warranty expires for such Modifications. Notwithstanding the foregoing, BPS shall notify the City of such changes and shall sccurc the City's approval prior to such change taking effect. S\B Page 2 of7 11) ACCESS a) Customer agrees to pcrmit and arrange full access to the Premises necessary for BPS employees to perform the services set forth in this Agreement and will make available a reasonable amount of secure space for storage by BPS of repair parts as necessary. b) Customer rcpresents and warrants the Customer's Prcmises and conditions to be encountercd by BPS at Customer's Premises and in areas where work is to be pcrformcd shall (i) bc in compliance with all applicable federal, state and local laws, rules, and regulations, (ii) be safe and non- hazardous, (iii) not contain, present or cxpose BPS representatives to hazardous materials or hazardous substances. In the event of breach of the foregoing, BPS may immediatcly suspend work until Customer has promptly corrected such condition(s) at Customer's expense. Customer shall indemnify BPS from any breach of the represenlations, warrantics, or covenants contained in this subsection, BPS makes no representations as to the presencc or absence of hazardous materials, 12) EXCLUSIONS a) This Agrecment excludcs damages arising from Customer or third party negligencc, abuse, accident, theft or unexplained loss, connection to foreign current, firc, watcr, wind, storms, lightning, act of God or public enemy, Customer's failure to provide a suitable operating environment (including isolated ground, dedicated electric source, circuit and power, air-conditioning, humidity, heat and security) per manufacturer's specifications, failures or changcs required and resulting from local exchange company, interexchange carrier, power companies, signal carriers, and other transmission providers, hardware additions that exceed software capacity, unauthorized attachments or modifications, or improper wiring, grounding, installation, repair or alteration of the System by anyone other than BPS, software changes or attempted software changes in the Systcm by persons unauthorized by BPS, b) At BPS's option, this Agreement shall terminate and be of no further force and effect if, without BPS's permission, Customer makes any modifications, rclocates, or rearrangcs the System, or permits any person or company other than BPS to service the System, Customer hereby acknowledges that Moditications performed by unauthorized distributors may result in a denial of support services from the manufacturer of the System. 13) DEFAULT. If any Party, through any cause within its reasonable control, breaches the terms of this agreement or otherwise fails to fulfill its obligations in a timely manner or othcrwise violates any of the covenants, agreements or stipulations material to this agreement, such breach shall constitute a default. The non- breaching Party shall notify the breaching Party of the default and grant the breaching Party ten (10) days to cure such default. If the default remains uncurcd after the ten (10) days curing period elapses, the non-breaching Party may terminate this agreement. If Customer fails to pay the amounts due undcr this Agreement or any other agrecment with BPS, or (ii) breaches this Agreement, BPS may, in addition to all other remedies available to it at law or in equity, suspend its service obligations, and terminate this Agreement or furnish service on a time and materials basis, C.O,D, In the event of BPS's non- perfonnancc of this Agrecment, Customer may cancel this Agrcement and receive a refund for the unused portion of the Servicc Fee. 14) A TrORNEY'S FEES. In the event of any legal action brought to enforce this Agreement, the prevailing party shall be entitled to a reimbursement of its reasonable attorney's Ices and costs incurred at both trial and on appeal. 15) FORCE MAJEURE. Neithcr party hercto shall be liable for thc failure to perform any of its obligations under this Agrcement if such failure is caused by the occurrence of any force mf\ieure beyond Ihe rcasonable control of such party, including without limitation, fire, flood, strikcs and other industrial disturbances, failure of supply or supplicrs. failure of transport. accidents, war, riots, insurrections, acts of God or orders of governmcntal agencies. 16) RELA TIONSHIP OF PARTIES. Parties agree that BPS is not an employee of the Buyer, but is retained solely as an independent contractor and as such, neither BPS or its agents are cntitled to any benefits granted to Customer's officials, officers and employces, 17) NOTICES. All notices and communications hereunder shall be in writing and shall be deemed given when sent postage prepaid by rcgistered or certified mail, return receipt requested and, if intended for the Customer to A. John Szerlag, City Manager, with a copy to Hans Ottinot, City Attorney, City of Sunny Isles Bcach, 18070 Collins Avenue, Sunny Isles Beach. Florida 33160, and, if intended for BPS, shall be addressed to BEAR PAW SYSTEMS, INC., 21961 U.S. 19 North, Ccarwatcr, Florida 33765. 18) MISCELLANEOllS a) If customer issues a purchase order for its own internal purposes, Customer agrees that only the terms and conditions of this Agreement apply, and agrees to refcr to this Agrcement as the govcrning document on the face of such purchase ordcr. Conflicting terms on a Customer's purchase order or similar document used to order a System, or portions thereof, are null and void; b) BPS reserves the right to subcontract any and all of the work to be performed by it under this Agrecment. Should BPS subcontract any or all of the work required by this Agrcement to a third party, BPS shall not bc relieved of its duty 10 pcrform in accordance with the terms and conditions of this Agreement and shall agree to guarantee thc service provided by thc assigned sub-contraclor; c) This Agreement is not assignablc by Customer without the prior consent of BPS. Any attempt to assign any of the rights, duties or obligations undcr this Agreement without such consent will, at BPS's option, be deemed void or a material default or accepted in BPS's sole discrction; d) The waiver by cither party of any default will not operate as a waiver of any subsequent dcfault; e) BPS's obligation is contingent upon a credit report satisfactory to BPS and correct arithmetic calculations of quantity and price; I) This Agreement superscdes all prior or contemporaneous proposals, communications and negotiations, both oral and written, and constitutes the entire Agreement betwecn BPS and Customer with respect to the service of the System. Any representations, warranties or statements made by an employee, salesperson, or agent of BPS and not expressed in this Agreement are not binding upon BPS; g) If any court holds any portion of this Agreement unenforceable, the rcmaining languagc shall not be effected; h) Any modification must be in writing and executed by an authorized representative of the party against whom enforccment is sought: i) No action, regardless of form, arising out of this Agreement may bc brought by either party more than one ycar after thc cause of action has accrucd; j) This Agrecment is deemed made and GOVERNED BY THE LAWS OF THE STATE SIB Page 3 of 7 OF FLORIDA; k) In the event of any conflict between the terms and conditions of this Agreement, BPS's form Attachments, and any other attachment including Customer's request for proposal or similar document, this Agreement, including the form attachments bearing Customer's initials, shall control over any other attachment. B)': Bcar~ z{- /t~/c;(, I I OfSU~~~BeaCh 11UJ,J 4 v b;it&-~{/ I orman S. Edelcup, Mayor Name: Title: Dated: Dated: '1111 /o~ I , nd Legal Sufficiency SIB Page 4 of7 . ~ SERVICE AGREEMENT Maintenance Overview This document is an overview of the type of Service Level Agreement (SLA) that BEAR PAW provides. Please refer to the agreement itself for specific details. Our PledQe It is the goal of the Client Services organization to provide a level of support which meets our customers' requirements for availability and system performance. We believe this agreement constitutes a partnership between our customers and BEAR PAW. It is our intent to build a long term support relationship between BEAR PAW customers and us which allows flexibility in the deployment of technology and discipline in its implementation, Access Customers will have access to the Customer Support Center (CSC) 24 by 7. They can access the CSC: By telephone: 1.727.669,7726 or toll free 1.800.954,6949 Bye-mail service@bearpawsvstems.com By fax 1,727,669.0819 Customers calling into the center will have access to Tier 1-3 resources based on entitlement and the severity of their call, Service Level Agreements Gold level A vai/ability Twenty-four (24) hours, seven (7) days per week Thirty (30) minutes after receipt of call from authorized Call Back Response Time representative Four (4) hours On-Site Response Time Mean Time to Repair (MTTR) Forty-eight (48) hours S\B Escalation Cases will be escalated according to the severity of the issue reported. A case will spend no more then the allotted time (based on Page 5 of7 severity) at each level. Level/Severity Critical Medium Low Tier 1 2 hours 8 hours 16 hours Tier 2 2 hours 8 hours 16 hours Tier 3 2 hours 8 hours 16 hours If tiers 1 through 3 are unable to resolve the issue then the problem will be escalated to Wygant and a case number will be given, At this time BEAR PAW will work with Wygant until the issue is resolved. At times, cases will need to be escalated to Wygant's R&D which may take a few days. Definitions and Requirements SelVice Priorities Priority 1 - Major Failures, as defined below, Response Cateqorv Normal Response Times Availability (24x7) hours Call handling Standard 9:00 a.m. - 5:00 p.m, Local Time, Monday through Friday Dispatch. Call Back Response Time (30) minutes after receipt of call from Customer's authorized representative On-Site Response Time (4) Hours Priority 2 - Product Anomalies, as defined below Response Cateqory Normal Response Times Availability (24x7) hours Call handling Standard 9:00 a.m, - 5:00 p.m. Local Time, Monday through Friday Dispatch. Call Back Response Time (2) hours after receipt of call from Customer's authorized representative On-Site Response Time (24) hours SIB Priority 3 - Low Priority Page 6 of 7 Response Cateoory Normal Response Times Availability (24x7) hours Call handling Standard 9:00 a,m. - 5:00 p,m. Local Time, Monday through Friday Dispatch, Call Back Response Time (2) Hours after receipt of call from Customer's authorized representative On-Site Response Time (48) hours Priority 4 - System Inquiry Response Cateoorv Normal Response Times Availability (24x7) hours Call handling Standard 9:00 a.m, - 5:00 p.m, Local Time, Monday through Friday Dispatch, Call Back Response Time (24) Hours after receipt of call from Customer's authorized representative On-Site Response Time (48) hours Problem Types Major Failure - Any failure of Equipment, Software or communications to the Products which results in loss of recording channels or data, or if allowed to persist will result in such recording loss. Major Problem - Any problem resulting in loss of ability to retrieve calls or loss of replay functionality for two or more workstations. Product Anomaly - Any problem affecting one or more workstations which does not result in a loss of recording or replay but nevertheless results in diminished Product response or performance, for example if an administrator loses the ability to add or delete users. Low Priority - Product Performance not diminished System Inquiry - Request for information Planned Intervention - Any scheduled upgrade or routine maintenance for which shutdown may be required. S\B Escalation Contacts Page 7 of 7 Kevin Freckleton above or,.,.. 954-234-5077 cell kfreckleto n@bearpawsystems,com Angela Swope 239.634,7070 cell 239,690.3312 office aswope@bearpawsystems.com David Swope 239.634,8080 cell 239.690.3311 office dswope@bearpawsystems.com When or if any of the contact information changes we will make sure everyone involved is copied! JoAnn Carey is the main contact of the company, When you reach her she will make sure the message gets to the correct person. JoAnn Carey 727.492,7080 cell 727.669,7726 office jcareY@bearpawsystems,com Thanks, and we look forward to working with you, Your Bear Paw Team SIB Kamaran Sadighi From: David Swope [dswope@bearpawsystems.com] Sent: Thursday, April 13, 2006 4:07 PM To: Kamaran Sadighi Cc: BPS - Angela D. Swope; JoAnn Carey Subject: Contract Address Kamran: Our office address is: Bear Paw Systems, Inc. 21961 US 19 N. Clearwater, FL 33765 Thanks again for all your help and have a great weekend! dL-~ David Swope Bear Paw 239.690.3311 239.634.8080 Cell 877.690.3331 4/13/2006 Page 1 of 1 TO: From: Date: Subject: City of Sunny Isles Beach Police Department 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-4440 Phone (305) 947-4680 Fax City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Gerry Goodman, Commissioner Danny Iglesias, Commissioner Lewis J. Thaler, Commissioner (305) 947-0606 City Hall (305) 947-2150 Building Department A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM The Honorable City Commission @~chael A. Grandinetti, Police Captain April 11,2006 Approval of Telephone /Radio Recording System Purchase Agreement and Services Agreement RECOMMENDATION It is recommended that the City Commission adopt the attached resolution approving a Purchase Agreement and a Services Agreement with Bear Paw Systems, Inc. for a telephone/radio recording system for the Police Department Communications Center. REASONS The Sunny Isles Beach Police Department is in need of a new telephone/radio recording system for its communications section. As such, staff obtained quotes from three (3) vendors for said equipment and services, in accordance with the City's Competitive Bidding Procedures. Bear Paw Systems, Inc. ("Bear Paw") was the lowest most responsive, responsible bidder for said equipment and services. Bear Paw has submitted a Purchase Agreement for telephone/radio recording system equipment and software, in a total amount of Fifteen Thousand Six Hundred Forty-Seven Dollars ($15,647.00), attached hereto as Exhibit "A" and a Service Agreement for maintenance of said telephone/radio recording system equipment and software, in an annual amount of One Thousand Six Hundred Forty-Seven Dollars ($1,647.00), with automatic renewal options for one-year periods at the same terms and conditions except that the Service Fee shall be annually adjusted to Bear Paw's then current maintenance rates, attached hereto as Exhibit "B". Staff has determined the above charges to be reasonable and customary and recommends Commission approval of both agreements. ADDITIONAL INFORMATION The telephone/radio recording system comes with an initial one-year warranty and services agreement. As such, the Services Agreement will take become effective one year after the purchase of said equipment. Further, the charges for the Services Agreement will become due and payable at that time, utilizing funds appropriated in the 2006-2007 fiscal year budget. Funds are available at this time for the purchase of said equipment. MG/pw Agenda Item _I 0 C ~-ll-Ofo Bear Paw Telephone Radio Agenda Memo Date City Commission Norman S. Edelcup Mayor Roslyn Brezin Vice Mayor Gerry Goodman Commissioner Danny Iglesias Commissioner Lewis J. Thaler Commissioner A. John Szerlag City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk April 14, 2006 Mr. David Swope Bear Paw Systems, Inc. 21961 US 19 N. Clearwater, FL 33765 Re: Purchase Agreement and a Service Agreement with Bear Paw Systems, Inc. Dear Mr. Swope: At its regular meeting of April 11, 2006, the City Commission adopted Resolution No. 2006-910, approving a Purchase Agreement and a Service Agreement with Bear Paw Systems, Inc. for a telephone/radio recording system and maintenance services for the Sunny Isles Beach Police Department. Enclosed are three (3) original Purchase Agreements and three (3) original Service Agreements along with a certified copy of the approving resolution. Please execute the agreements and return two (2) each ofthe fully executed original agreements to my attention. Thank you. Very truly yours, ~~.~ Jane A. Hines, CMC City Clerk Enclosures cc: A. John Szerlag, City Manager (cover letter only) Hans Ottinot, City Attorney (cover letter only) Jorge Vera, Assistant City Manager (cover letter only) Michael Grandinetti, Police Captain Derrick Arias, Information Technology Director Shaun Gelvez, Contracts Administrator (cover letter only) Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax Bear Paw Agmts OF SU.... TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Gerry Goodman, Commissioner Danny Iglesias, Commissioner Lewis J. Thaler, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM Michael Grandinetti, Police Captain Derrick Arias, Information Technology Direc~ Priscilla Walker, Deputy City clerkf( JJ April 25, 2006 Bear Paw Purchase Agreement and Service Agreement At its regular meeting of April 11, 2006, the City Commission adopted Resolution No. 2006- 910, approving a Purchase Agreement and a Service Agreement with Bear Paw Systems, Inc. for a telephone/radio recording system and maintenance services for the Sunny Isles Beach Police Department. Attached is a copy of the executed agreement and the approving resolution for your files. Thank you. :pw Attachments cc: A. John Szerlag, City Manager (w/o attachments) Hans Ottinot, City Attorney (w/o attachments) Jean Watson, Finance Director (original) Shaun Gelvez, Contracts Administrator Bear Paw Exec Agmts Trans Memo