HomeMy WebLinkAboutC-3704(B) - PSA to Install and Maintain Software0
PROFESSIONAL SERVICES AGREEMENT
WITH CUSTOM LOGIC DESIGN INC. AND
THE CITY OF NEWPORT BEACH
THIS AGREEMENT is made and entered into as of this ?Zday of April, 2004, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY"), and
Custom Logic Design, Inc., a Texas Corporation, whose address is P.O. Box 24,
Houston, Texas, 77001 ( "CONTRACTOR"), and is made with reference to the
following:
RECITALS
A. CITY is a municipal corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
CITY.
B. CITY is planning to convert the current wireless communications system in the
Newport Beach Police Department to an IP -based public network.
C. CITY desires to engage CONTRACTOR to develop, install and maintain the
software to enable the Newport Beach Police Department to convert to a mobile
wireless IP network and provide software support for the new system for 15 months
after installation ( "Project").
D. CONTRACTOR possesses the skill, experience, ability, background, certification
and knowledge to provide the services described in this Agreement.
E. The principal member of CONTRACTOR for purposes of the Project shall be
Mark G. Zeringue.
F. CITY has solicited and received a proposal from CONTRACTOR, has reviewed
the previous experience and evaluated the expertise of CONTRACTOR, and
desires to retain CONTRACTOR to render professional services under the terms
and conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
TERM:
The term of this Agreement shall commence on the ?�L day of April 2004, and shall
terminate on the 30P day of September 2005, unless terminated earlier as set forth
herein.
2.
3.
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SERVICES TO BE PERFORMED:
CONTRACTOR shall diligently perform all the services described in the Scope
of Services attached hereto as Exhibit A and incorporated herein by reference.
The CITY may elect to delete certain tasks of the Scope of Services at its sole
discretion.
TIME OF PERFORMANCE:
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion according to the schedule outlined
below. The failure by CONTRACTOR to perform the services by this deadline
may result in termination of this Agreement by CITY.
SOFTWARE INSTALLATION: June 1, 2004
SOFTWARE SUPPORT: 15 months following installation
Notwithstanding the foregoing, CONTRACTOR shall not be responsible for
delays due to causes beyond CONTRACTOR's reasonable control. However, in
the case of any such delay in the services to be provided for the Project, each
party hereby agrees to provide notice to the other party so that all delays can be
addressed.
3.1 CONTRACTOR shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review . all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond CONTRACTOR's control.
3.2 For all time periods not specifically set forth herein, CONTRACTOR shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONTRACTOR:
CITY shall pay CONTRACTOR for the services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. In
no event shall CONTRACTOR's compensation exceed Fifty- Nine - Thousand
and Five - Hundred Dollars ($59,500.00) without additional authorization from
CITY. No billing rate changes shall be made during the term of this Agreement
without the prior written approval of CITY.
4.1 CONTRACTOR shall submit invoices as described in the Scope of
Services attached hereto as Exhibit A. CONTRACTOR's invoices shall
include the name of the person who performed the work, a brief
description of the services performed and /or the specific task in the Scope
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of Services to which it relates, the date the services were performed, and
a description of any reimbursable expenditures. CITY shall pay
CONTRACTOR no later than thirty (30) days after approval of the monthly
invoice by CITY staff.
4.2 CITY shall reimburse CONTRACTOR only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by CITY. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by
CONTRACTOR:
A. The actual costs of subcontractor for performance of any of the
services that CONTRACTOR agrees to render pursuant to this
Agreement, which have been approved in advance by CITY and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by CONTRACTOR in
the performance of this Agreement.
4.3 CONTRACTOR shall not receive any compensation for Extra Work
without the prior written authorization of CITY. As used herein, "Extra
Work" means any work that is determined by CITY to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement.
5. PROJECT MANAGER:
CONTRACTOR shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to CITY at all
reasonable times during the Agreement term. CONTRACTOR has designated
Mark G. Zeringue to be its Project Manager. CONTRACTOR shall not remove
or reassign the Project Manager or any personnel listed in Exhibit A or assign
any new or replacement personnel to the Project without the prior written
consent of CITY. CITY s approval shall not be unreasonably withheld with
respect to the removal or assignment of non -key personnel.
CONTRACTOR, at the sole discretion of CITY, shall remove from the Project
any of its personnel assigned to the performance of services upon written
request of CITY. CONTRACTOR warrants that it will continuously furnish the
necessary personnel to complete the Project on a timely basis as contemplated
by this Agreement.
If CONTRACTOR is performing inspection or construction management services
for CITY, the Project Manager and any other assigned staff shall be equipped
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with a Nextel Plus type cellular /direct connect unit to communicate with CITY
staff. CONTRACTOR's Nextel Direct Connect I.D. number will be provided to
CITY to be programmed into CITY Nextel units, and vice versa.
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6. ADMINISTRATION:
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This Agreement will be administered by the Newport Beach Police Department.
Captain Tim Riley shall be the Project Administrator and shall have the
authority to act for CITY under this Agreement. The Project Administrator or
his/her authorized representative shall represent CITY in all matters pertaining
to the services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES:
In order to assist CONTRACTOR in the execution of its responsibilities under
this Agreement, CITY agrees to, where applicable:.
A. Provide all hardware and networking infrastructure required for the
Project.
B. Provide access to, and upon request of CONTRACTOR, one copy of all
existing relevant information on file at CITY. CITY will provide all such
materials in a timely manner so as not to cause delays in
CONTRACTOR's work schedule.
8. STANDARD OF CARE:
8.1 All of the services shall be performed by CONTRACTOR or under
CONTRACTOR's supervision. CONTRACTOR represents that it
possesses the professional and technical personnel required to perform
the services required by this Agreement, and that it will perform all
services in a manner commensurate with community professional
standards. All services shall be performed by qualified and experienced
personnel who are not employed by CITY, nor have any contractual
relationship with CITY.
8.2 CONTRACTOR represents and warrants to CITY that it has or shall
obtain all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that are legally required of CONTRACTOR to practice
its profession. CONTRACTOR further represents and warrants to CITY
that CONTRACTOR shall, at its sole cost and expense, keep in effect or
obtain at all times during the term of this Agreement, any and all licenses,
permits, insurance and other approvals that are legally required of
CONTRACTOR to practice its profession. CONTRACTOR shall maintain
a City of Newport Beach business license during the term of this
Agreement.
8.3 CONTRACTOR shall not be responsible for delay, nor shall
CONTRACTOR be responsible for damages or be in default or deemed to
be in default by reason of strikes, lockouts, accidents, or acts of God, or
the failure of CITY to furnish timely information or to approve or
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disapprove CONTRACTOR's work promptly, or delay or faulty
performance by CITY, contractors, or governmental agencies.
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9. HOLD HARMLESS:
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To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend
and hold harmless CITY, its City Council, boards and commissions, officers,
agents and employees (collectively, the "Indemnified Parties) from and against
any and all claims (including, without limitation, claims for bodily injury, death or
damage to property), demands, obligations, damages, actions, causes of action,
suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including, without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever (individually, a Claim; collectively, "Claims "),
which may arise from or in any manner relate (directly or indirectly) to any work
negligently performed or services provided under this Agreement (including,
without limitation, defects in workmanship or materials and /or design defects [if
the design originated with CONTRACTOR]) or CONTRACTOR's presence or
activities conducted on the Project (including the negligent and /or willful acts,
errors and /or omissions of CONTRACTOR, its principals, officers, agents,
employees, vendors, suppliers, consultants, subcontractors, anyone employed
directly or indirectly by any of them or for whose acts they may be liable or any
or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
CONTRACTOR to indemnify the Indemnified Parties from any Claim arising from
the active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorney's fees in
any action on or to enforce the terms of this Agreement. This indemnity shall
apply to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the CONTRACTOR.
10. INDEPENDENT CONTRACTOR:
It is understood that CITY retains CONTRACTOR on an independent contractor
basis and CONTRACTOR is not an agent or employee of CITY. The manner
and means of conducting the work are under the control of CONTRACTOR,
except to the extent they are limited by statute, rule or regulation and the
expressed terms of this Agreement. Nothing in this Agreement shall be deemed
to constitute approval for CONTRACTOR or any of CONTRACTOR's employees
or agents, to be the agents or employees of CITY. CONTRACTOR shall have
the responsibility for and control over the means of performing the work,
provided that CONTRACTOR is in compliance with the terms of this Agreement.
Anything in this Agreement that may appear to give CITY the right to direct
CONTRACTOR as to the details of the performance or to exercise a measure of
control over CONTRACTOR shall mean only that CONTRACTOR shall follow
the desires of CITY with respect to the results of the services.
11. COOPERATION:
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CONTRACTOR agrees to work closely and cooperate fully with CITY's
designated Project Administrator and any other agencies that may have
jurisdiction or interest in the work to be performed. CITY agrees to cooperate
with the CONTRACTOR on the Project.
12. CITY POLICY:
13.
CONTRACTOR shall discuss and review all matters relating to policy and Project
direction with CITY's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with CITY goals and
policies.
CONTRACTOR is responsible for keeping the Project Administrator and/or
his /her duly authorized designee informed on a regular basis regarding the
status and progress of the Project, activities performed and planned, and any
meetings that have been scheduled or are desired.
14. INSURANCE:
Without limiting CONTRACTOR's indemnification of CITY, and prior to
commencement of work. CONTRACTOR shall obtain, provide and maintain at its
own expense during the term of this Agreement, a policy or policies of liability
insurance of the type and amounts described below and in a form satisfactory to
CITY.
A. Certfcates of Insurance. CONTRACTOR shall provide certificates of
insurance with original endorsements to CITY as evidence of the
insurance coverage required herein. Insurance certificates must be
approved by CITY's Risk Manager prior to commencement of
performance or issuance of any permit. Current certification of insurance
shall be kept on file with CITY at all times during the term of this
Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the CITY's Risk
Manager.
D. Coverage Requirements.
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_Workers' Compensation Coverage. CONTRACTOR shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, CONTRACTOR shall require
each subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by CITY at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against CITY, its officers,
agents, employees and volunteers for losses arising from work
performed by CONTRACTOR for CITY.
ii. General Liability Coverage. CONTRACTOR shall maintain
commercial general liability insurance in an amount not less than
one million dollars ($1,000,000) per occurrence for bodily injury,
personal injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. CONTRACTOR shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the CONTRACTOR arising out of or in
connection with work to be performed under this Agreement,
including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars
($1,000,000) combined single limit for each occurrence.
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The CITY, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on
behalf of the CONTRACTOR.
ii. This policy shall be considered primary insurance as respects to
CITY, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the CONTRACTOR's operations or
services provided to CITY. Any insurance maintained by CITY,
including any self- insured retention CITY may have, shall be
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considered excess insurance only and not contributory with the
insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against CITY, its
elected or appointed officers, officials, employees, agents and
volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to CITY, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days written notice has been
received by CITY.
F. Timely Notice of Claims. CONTRACTOR shall give CITY prompt and
timely notice of claim made or suit instituted arising out of or resulting
from CONTRACTOR's performance under this Agreement.
G. Additional Insurance. CONTRACTOR shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution
of the work.
PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS:
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of CITY. Any of the
following shall be construed as an assignment: The sale, assignment, transfer
or other disposition of any of the issued and outstanding capital stock of
CONTRACTOR, or of the interest of any general partner or joint venturer or
syndicate member or cotenant if CONTRACTOR is a partnership or joint-venture
or syndicate or cotenancy, which shall result in changing the control of
CONTRACTOR. Control means fifty percent (50 %) or more of the voting power,
or twenty -five percent (25 %) or more of the assets of the corporation,
partnership or joint- venture.
16. SUBCONTRACTING:
The parties recognize that a substantial
Agreement is the professional repui
CONTRACTOR. Assignments of any
inducement to CITY for entering into this
3tion, experience and competence of
)r all rights, duties or obligations of the
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CONTRACTOR under this Agreement will be permitted only with the express
written consent of CITY. CONTRACTOR shall not subcontract any portion of the
work to be performed under this Agreement without the prior written
authorization of CITY.
17. OWNERSHIP OF DOCUMENTS:
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
CONTRACTOR, its officers, employees, agents and subcontractors, in the
course of implementing this Agreement, shall become the exclusive property of
CITY, and CITY shall have the sole right to use such materials in its discretion
without further compensation to CONTRACTOR or any other party.
CONTRACTOR shall, at CONTRACTOR's expense, provide such Documents to
CITY upon prior written request.
Documents, including drawings and specifications, prepared by CONTRACTOR
pursuant to this Agreement are not intended or represented to be suitable for
reuse by CITY or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from CONTRACTOR will be at CITY's sole risk and without liability
to CONTRACTOR. Further, any and all liability arising out of changes made to
CONTRACTOR's deliverables under this Agreement by CITY or persons other
than CONTRACTOR is waived against CONTRACTOR and CITY assumes full
responsibility for such changes unless CITY has given CONTRACTOR prior
notice and has received from CONTRACTOR written consent for such changes.
18. COMPUTER DELIVERABLES:
CADD data delivered to CITY shall include the professional stamp of the
engineer or architect in charge of or responsible for the work. CITY agrees that
CONTRACTOR shall not be liable for claims, liabilities or losses arising out of,
or connected with (a) the modification or misuse by CITY, or anyone authorized
by CITY, of CADD data; (b) the decline of accuracy or readability of CADD data
due to inappropriate storage conditions or duration; or (c) any use by CITY, or
anyone authorized by CITY, of CADD data for additions to this Project, for the
completion of this Project by others, or for any other Project, excepting only such
use as is authorized, in writing, by CONTRACTOR. By acceptance of CADD
data, CITY agrees to indemnify CONTRACTOR for damages and liability
resulting from the modification or misuse of such CADD data. All original
drawings shall be submitted to CITY in the version of AutoCAD used by CITY in
".dwg" file format on a CD, and should comply with the CITY's digital submission
requirements for Improvement Plans. The CITY will provide AutoCAD file of
CITY Title Sheets. All written documents shall be transmitted to CITY in the
CITY's latest adopted version of Microsoft Word and Excel.
19. CONFIDENTIALITY:
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless CITY authorizes in writing the release of information.
20. OPINION OF COST:
Any opinion of the construction cost prepared by CONTRACTOR represents
his/her judgment as a design professional and is supplied for the general
guidance of CITY. Since CONTRACTOR has no control over the cost of labor
and material, or over competitive bidding or market conditions, CONTRACTOR
does not guarantee the accuracy of such opinions as compared to contractor
bids or actual cost to CITY.
21. INTELLECTUAL PROPERTY INDEMNITY:
22.
The CONTRACTOR shall defend and indemnify CITY, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in CONTRACTOR's drawings and
specifications provided under this Agreement.
CONTRACTOR shall keep records and invoices in connection with the work to
be performed under this Agreement. CONTRACTOR shall maintain complete
and accurate records with respect to the costs incurred under this Agreement
and any services, expenditures and disbursements charged to CITY, for a
minimum period of three (3) years, or for any longer period required by law, from
the date of final payment to CONTRACTOR under this Agreement. All such
records and invoices shall be clearly identifiable. CONTRACTOR shall allow a
representative of CITY to examine, audit and make transcripts or copies of such
records and invoices during regular business hours. CONTRACTOR shall allow
inspection of all work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to
CONTRACTOR under this Agreement.
23. WITHHOLDINGS:
CITY may withhold payment to CONTRACTOR of any disputed sums until
satisfaction of the dispute with respect to such payment. Such withholding shall
not be deemed to constitute a failure to pay according to the terms of this
Agreement. CONTRACTOR shall not discontinue work as a result of such
withholding. CONTRACTOR shall have an immediate right to appeal to the City
Manager or his /her designee with respect to such disputed sums.
CONTRACTOR shall be entitled to receive interest on any withheld sums at the
rate of return that CITY earned on its investments during the time period, from
the date of withholding of any amounts found to have been improperly withheld.
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24. ERRORS AND OMISSIONS:
In the event of errors or omissions that are due to the negligence or professional
inexperience of CONTRACTOR which result in expense to CITY greater than
what would have resulted if there were not errors or omissions in the work
accomplished by CONTRACTOR, the additional design, construction and/or
restoration expense shall be borne by CONTRACTOR. Nothing in this
paragraph is intended to limit CITY's rights under any other sections of this
Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS:
CITY reserves the right to employ other consultants or contractors in connection
with the Project.
26. CONFLICTS OF INTEREST:
The CONTRACTOR or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, CONTRACTOR shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by CITY. CONTRACTOR shall indemnify and
hold harmless CITY for any and all claims for damages resulting from
CONTRACTOR's violation of this Section.
27. NOTICES:
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to CITY by CONTRACTOR and conclusively
shall be deemed served when delivered personally, or on the third business day
after the deposit thereof in the United States mail, postage prepaid, first -class
mail, addressed as hereinafter provided. All notices, demands, requests or
approvals from CONTRACTOR to CITY shall be addressed to CITY at:
Captain Tim Riley
Newport Beach Police Department
870 Santa Barbara Drive
Newport Beach, CA, 92658 -7000
(949) -644 3650
Fax 644 -3693
All notices, demands, requests or approvals from CITY to CONTRACTOR shall
be addressed to CONTRACTOR at:
Attention: Mark G. Zeringue
Vice President
Custom Logic Design, Inc.
P.O. Box 24
Houston, Texas
(281) 373 -3473
28. TERMINATION:
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
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days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, CITY shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to CONTRACTOR. In the event of
termination under this Section, CITY shall pay CONTRACTOR for services
satisfactorily performed and costs incurred up to the effective date of termination
for which CONTRACTOR has not been previously paid. On the effective date of
termination, CONTRACTOR shall deliver to CITY all reports, Documents and
other information developed or accumulated in the performance of this
Agreement, whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS:
CONTRACTOR shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by CONTRACTOR shall conform to applicable
CITY, county, state and federal laws, rules, regulations and permit requirements
and be subject to approval of the Project Administrator and CITY.
30. WAIVER:
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. 1NTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES:
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. AMENDMENTS:
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This Agreement may be modified or amended only by a written document
executed by both CONTRACTOR and CITY and approved as to form by the
CITY Attorney.
34. SEVERABILITY:
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE:
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT:
CONTRACTOR represents that it is an equal opportunity employer and it shall
not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry,
sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APP V AS TO FORM:
Robin Clauson,
Assistant City Attorney
for the City of Newport Beach
CITY OF NEWPORT BEACH,
A Municip Corporation
By:
City Manager
X-Jz�
for the City of Newport Beach
CONTRACTOR:
By:
Mark G. keringue
Vice President
Custom Logic Design, Inc.
Attachments: Exhibit A — Scope of Services
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CUSTOM LOGIC DESIGN Inc.
P.O. Box 24
Houston, Texas 77001 -0024
(281) 373 -3473
e -mail: mark@zclient.com
March 1, 2003
Captain Tim Riley
Newport Beach Police Department
870 Santa Barbara Drive
Newport Beach, CA 92658 -7000
Re: ZNC Project — Scope of Work
Custom Logic Design Inc is pleased to provide this statement of work for the ZNC
project. The ZNC project provides a migration path from your current private data
wireless data communications environment to an IP based public network. Custom
Logic Design will provide the following services:
Modify your existing ZClient32 mobile data application so that it operates over a
wireless IP network. We will perform the migration and deliver to you a new
install set for ZClient32UDP. This will allow both the private and public versions
to be installed on the same mobile devices. This will aide in the cutover process.
We will supply an install set for our ZNC controller. We will also install and
configure this application on the hardware supplied by your department. We will
need a list of the RD -Lap addresses used by your agency in order to configure
the ZNC. The machine supplied should also include a PC Anywhere host
application and a connection to a VPN in order to allow Custom Logic Design Inc
to support and maintain the ZNC.
We will come on site to deliver and test the new client approximately 2 weeks
after we are notified by the Department that you are ready to proceed. At this
point the following needs to be in place:
• ZNC hardware installed and ready for software
• PC Anywhere installed
• RD -Lap addresses identified
• IP Address of Switch, however, the switch connects to the ZNC so it will
need to know the ZNC address. (for initial testing we could make the ZNC
have the same IP as the RNC if we can isolate the devices)
• Two public data network cards with static IPs
• Coordination with Brea to perform initial testing
■ Make sure we have connectivity
■ Identify how we will switch between the RNC and ZNC for testing.
■ Have two clients ready for testing and have a working link between
through the public data network.
During the first site visit we will
o Day 1
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■ Install the ZNC software
■ Configure the ZNC
■ Test the clients via the ZNC and a CLD switch
o Day 2
■ Test the ZNC live with the Tiburon switch
■ Continue testing during the day as needed
o Day 3
■ Wrap up of tests
• Plan for cutover
The second and final site visit will occur once the Department notifies us that
they are ready for cutover. We will come on site to coordinate the cutover and
verify that everything is working correctly. It is anticipated that this second visit
will require 2 days on site. The system will be under warranty for the next 90
days with annual software support kicking in on day 91. This should complete the
project.
The Newport Beach Police Department will provide all hardware and networking
infrastructure required for this project. In addition, the Department will cover travel
expense for the second site visit. Custom Logic Design Inc will provide these services
for a total cost of $59,500.00 with software support for a total of 15 months after
cutover.
Custom Logic Design Inc will invoice for 1/2 of the project cost upon completion of the
first site visit and the balance after cutover.
Please advise if I can provide any additional information or clarification.
Best Regards
Mark G. Zeringue
Vice President
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
-I,) oDk
MAR U �) 2004
Agenda Item No. 19
March 9, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob McDonell, Chief of Police
SUBJECT: Executive Summary -Mobile Data Communications System Upgrade
ISSUE:
Consider the attached report on the required upgrade to the Police Department's Mobile
Data Communications System due to a decision by our provider (The City of Brea) to
discontinue the operation of their (our) current network.
RECOMMENDATION:
1. Approve recommended upgrades to the Police Department's Mobile Data
Communications System, which will include a three -year agreement with the City of
Brea to lease time on their new network.
2. Waive formal bidding requirements, and authorize the Chief of Police to negotiate
the terms of the agreements with the recommended vendors as required, and
provide the City Manager with the: authority to sign the agreements with those
vendors.
3. Approve a budget amendment allocating $218,782 of COPS MORE grant funds and
transferring $72,928 from General Fund unappropriated reserve to Capital
Improvement account number 7017- C1820539.
4. Authorize the Chief of Police to purchase the specified equipment, software and
services for a total cost of $291,710.
5. Approve an $89,406 increase to the Police Department's. base budget for Fiscal
Year 2005 for recurring costs associated with implementation of the project, which
include the fees to the City of Brea.
Executive Summary — MDCS Upgrade
March 9, 2004
Page 2 •
DISCUSSION:
Background:
Attached is a very thorough Staff Report which is the culmination of the Department's
effort over the last eighteen (18) months, during which time we have explored the
implications and requirements we face due to the decision by our Mobile Data
Communications (MDC) System provider (the City of Brea) to discontinue their
operation of our existing network. I apologize in advance for the length and complexity
of the issues contained in the report; however, they are by their very nature both
complex and worthy of a full explanation of the intricate nature of the "building blocks"
required to fully implement the proposed solution.
Our use of Mobile Data Computers can be traced back to the implementation of our
Strategic Technology Plan, as a result of its adoption by Council in June of 1994. We
joined the City of Brea's private mobile data network in August of 1995 as part of a five -
year approved contract to purchase time on their system. Brea upgraded their network
approximately four years ago (February of 2000); however, in August of 2001, the State
of California mandated that all information communicated wirelessly must be encrypted
by March 1, 2003, to a standard not supported by Brea's current network. The
Department of Justice has allowed affected entities an extension of the deadline to
implement a solution, as long as they have an approved upgrade path — which Brea
does have in place.
As a result of Brea's own analysis of their options (and associated costs), a decision
was made by them to abandon their current system and contract with the Sprint PCs
Group (a public data communications network) to facilitate their mobile communications
needs and those of their customers. The use of the Sprint network is the backbone of
Brea's planned upgrade. If we were to contract directly with Sprint, we would have to
incur some unique costs to facilitate the transmission of the encrypted data across their
network, which are now born by Brea.
In our original COPS MORE allocation as part of the Brea Consortium Grant, we had
earmarked funds to implement a Wireless Local Area Network (LAN) to facilitate the
transmission of large amounts of data wirelessly and to provide access for our field units
to all of the resource material as though they were sitting at a desk in the Station. It
would also allow officers to submit reports wirelessly from the field to the Watch
Commander for approval, receive daily crime analysislinformaUon bulletins, receive e-
mail (such as the recently implemented Countywide system utilizing e-mail subpoenas),
and otherwise use all of the capability and functionality afforded them by the in -car
computers. The latter features are something not possible with just the network
throughput provided by the Brea /Sprint solution.
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Executive Summary — MDCS Upgrade
March 9, 2004
Page 3
As a result of our grant funding for the planned Wireless LAN, we are in the position to
use the modified infrastructure for that project to accommodate the changeover to the
Brea Public Mobile Data Communications System network, without incurring additional
implementation costs if the two projects were being built separately. In fact, we have
been anticipating Brea's need to significantly upgrade their system and have been
delaying our final approach on the Wireless LAN until they had finalized their intentions.
As such, our project has been in design for some time now. A simple review of the
attached report will attest to the complicated nature of that design.
Environmental Review:
None required.
Public Notice:
None.
Funding Availability:
This project will be funded from a 1998 COPS MORE Grant program, which was
formally accepted by the City at that time. It is a reimbursement grant that will return
75% of the expenditures to the City of Newport Beach. The remaining 250/0 of the
associated costs ($72,928) will be funded from the General Fund (unappropriated
reserves) as required by the grant. The scope and method of procurement for this
project has been discussed with and approved by the Administrative Services Director.
Using the listed vendors will provide for direct integration with existing systems,
significantly reducing the need for new or re- engineered programs, thereby saving costs
as well as providing for the timely installation of the necessary equipment, given the
need to implement a solution by June 30, 2004 — the date our current Mobile Data
Communications System will cease to function.
The Department's Fiscal Year 2004 -'05 budget base will require an adjustment of
$89,408 to accommodate the recurring costs for ongoing maintenance of the system,
including the fees to the City of Brea.
Alternatives:
Unfortunately (or some would say fortunately), we have not invested in the "backbone"
necessary to. operate our own wireless mobile data communications system and have
always operated through a contract with another provider since 1995. If we were to
implement a full system on our own, the costs are estimated at well in excess of $1
million dollars just for the infrastructure required. Several other Police Departments are
. using a competing private network (AT &T); however, when we 'field- tested° the units
using that network, we experienced significant coverage gaps, rendering the results of
F
Executive Summary — MDCS Upgrade
March 9, 2004
Page 4
that experiment unacceptable. As Council may also be aware, when the Countywide
800 MHz Radio System was approved for final design and implementation, the Mobile
Data Communications component was eliminated due to costs since the Orange County
Bankruptcy had just occurred. There are no immediate plans to build that capability into
the system.
Besides the coverage afforded by the Brea/Sprint solution, we also will avoid some of
the added interface costs associated with the interpretation of the data by our Computer
Aided Dispatch and Records Management Systems, since those interfaces are already
built and in use. The transition will occur much more smoothly utilizing the upgraded
Brea solution than if we opted for another solution — even though none have been
presented.
In essence, we have no real viable alternative other than the planned' upgrade as a user
on the Brea Network: however, we believe the benefits of the improved network in
conjunction with the Wireless IAN implementation, as outlined in the attached report,
will serve the needs of the Department well for the foreseeable future until other cost -
effective solutions (and technologies) are developed and can be considered.
Prepared and Submitted by: .
(3/11- Ch "`M vl
Bob McDonell
CHIEF OF POLICE
Attachment: Staff Report — Mobile Data Communications System Upgrade
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Mobile Data Computer System Upgrade Request
March 9, 2004
Page 2
TABLE OF CONTENTS
Issue 3
Recommendation 4
Background 7
• Figure 1 (Technology Implementation Timeline) 7
• First Mobile Data Communications System 7
o Figure 2 (First Mobile Data Communications Network) 9
• Second Mobile Data Communications System 9
• Figure 3 (Second Mobile Data Communications Network) 10
• Figure 4 (Sprint Nationwide Network Map) 12
Discussion 13
• Proposed Wireless LAN & Mobile Data Communications Network 13
• Figure 5 (Proposed Wireless LAN Access Points) 14
• Figure 6 (Proposed Mobile Data Communications Network) 15
• Procurement Process 15
`
• City of Brea 16
• Northrop Grumman IT Public Safety, inc. 17
• Figure 7 (Proposed Wireless LAN) 17
• Custom Logic Design 18
a Figure 8 (Proposed "ZNC" Configuration) 19
C) Sprint 19
o Dell 19
o Checkpoint 19
o Bayshore Electric 20
Environmental Review 21
Funding Availability 22
Conclusion 23
City of Newport Beach Police Department
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Mobde Data Computer System Upgrade Request
March 9, 2004
Peoe 3
Item Number
March 9, 2003
TO: Honorable Mayor, Members of the City Council and City Manager
FROM: Bob McDonell, Chief of Police
Paul Henisey, Captain, Support Services Division Commander
Tim Riley, Captain, Detective Division Commander
SUBJECT: Mobile Data Communications System Upgrade
ISSUE:
Upgrading the Police Department Mobile Data Communications System with
implementation of a private mobile wireless Local Area Network and
supplemental public cellular data network, including both hardware and software,
will provide the technological capabilities to:
• Securely access the California Law Enforcement Telecommunications
System Network as required,
• Communicate with other field units at greater distances and higher
network speeds,
• Send and receive messages to/from our Computer Aided Dispatch system
at higher network speeds,
• Facilitate capability to transfer data to/from an Automated Vehicle Location
system for resource dispatching recommendation and enhancing
employee safety,
• Enable field units with the ability to access an automated mapping system
that utilizes a Global Positioning System,
• Provide advanced functionality for
o Field reporting,
o Electronic mail access,
o Internet resources,
o Police Department Local Area Network,
o City Wide Area Network and
• Increase network access from a local regional area to full nationwide
coverage.
City of Newport beach Police Department
Mobile Data Computer System Upgrade Request
March 9, 2004
Page 4
RECOMMENDATION:
1.. Approve recommended upgrades to the Police Department Mobile Data
Communications System.
2. Authorize the Chief of Police to negotiate agreements with the recommended
vendors and provide the City Manager the authority to sign the agreements
with the recommended vendors.
3. Award purchase to the listed vendors for the specified equipment, software, .
and services at the quoted costs as described below:
Private Mobile Wireless Local Area Network
Quanti
Description
Vendor
Unit Cost
I Total Cost
1
Equipment, Engineering,
Installation & Services
Northrop Grumman
$145,240
$145,240
N/A
Subtotal
Custom Logic Design
$45,000
$145 40
- Yrice includes 1.75% State bales Tax, Shipping & installation
Mobile Data Software Uvorade. Messaae Switch and Services
Quantity
Description
Vendor
Unit Cost
Total Cost
45
ZCl1en132UDP Software
Upgrade
Custom Logic Design
$100
$4,849'
N/A
Implement ZNC
Custom Logic Design
$45,000
$45,000
N/A
Installation, Travel &
Project Management
Custom Logic Design
$4,500
$4,500
Subtotal
W,349-
Price Includes 7.75% Sales Tax
Session Persistence & Encrvotion Software
Quantily
Description
Vendor
Unit Cost
Total Cost
50
Additional Netmotion
Client Software
Netmotion
$245.50
$13,226'
1
Upgrade Server Software
Netmotion
$2,000
$2 155'
N/A
Installation
Netmotion
$3,000
$3,000
Subtotal
$18,361-
'Price Includes 7.75% Sales Tax
Public Mobile Cellular Data Network
Ouanft
Description
Vendor
Unit Cost
Total Cost
1
T -1 Frame Relay
Sprint
$1,000
$1,000
Telephone Line
Installation
Subtotal
Cite of Newport Beach Police Department
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Mobile Data Computer System Upgrade Request
March 9, 2004
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Comouter Server Hardware
Quanti
Descr Lion
Vendor
Unit Cost
Total Cost
2
Network Servers for
Custom Logic Design
Component
Deli
$7,970
$17,175'
2
Network Servers for
Netmotion Component
Dell
$6,492
$13,990'
1
Firewall Server
Dell
$5,825
$6,276'
1
Server Rack
Dell
$7,988
$8,607`
Subtotal
54s oa9•
Price Includes 7.75% Sales Tax
Firewall Software
Quantity
Description
Vendor
Unit Cost
Total Cost
1
Firewall Software
Checkpoint
$9,450
$10,182*
NIA
Firewall Support &
Software Subscription
through 6/3012004
Checkpoint
$2,328
$2,508'
NIA
Installation &
Configuration
Checkpoint
$3,000
$3,000
Subtotal
815 591'
'Price Includes 775% Sales Tax
Electrical & Cabling
Quanft
Description
Vendor
Unit Cost
Total Cost
N/A
Installation, Cabling &
Bayshore Electric
$2,000
$2,000
Electrical for Server Rack
3
Installation, Cabling &
Bayshore Electric
$3,000
$9,000
Electrical for Wireless
LAN Access Points
Subtotal
$11,000
4. Approve expenditures from Capital Improvement Program budget account
number 7017 - 01820539, totaling $291,710 as per grant funding
requirements.
5. Approve $89,406 increase to the Police Department base budget for Fiscal
Year 2005 for recurring costs associated with implementation of project
component as follows:
Cio, of Newporr Beach Police Deparimenr
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Annual Recurring Costs Associated with ImDlementina UDarade
Qua
Description
Vendor
Unit Cost
Total Cost
57
Annual Sprint Wireless
City of Brea
$1,188
$67,716
Network Access Fees
($99 Per
Vehicle Per
Month
N/A
Annual Software Support
Netmotion
$2,500
$2,500
NIA
Annual Sprint Dedicated T -1
Sprint
$4,200
$4,200
Telephone Connection with City
($350 Per
of Brea
Month
NIA
Annual Software Maintenance
Custom Logic
$5,500
$5,500
& Support
DesIqn
NIA
Annual Software Maintenance
CheckpoinF
$9,490
$9,490
& SUODort for Firewall
Total Annual RecurdM Costs
$89,406
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City of Newport Beach Police Deparrmenr
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Mobile Data Computer System Upgrade Request
March 9, 2004
Page 7
BACKGROUND
Mobile data communications for Police Department field units is an absolutely
essential law enforcement resource that maximizes operational efficiency.
Having access to information that was once reserved for only those employees
who were physically at the police facility, and providing this information
electronically to employees assigned to the field, is critically important for the
safety of the public we serve and for the safety of our employees.
Wireless technology used for mobile data communications has improved
significantly during the last ten years. The Police Department has successfully
transitioned to those improvements for the purpose of providing access to
additional resources and facilitating improved electronic communications. This is
necessary in our efforts to increase the available field time that can be spent by
our employees promoting community oriented policing. We have utilized two
generations of mobile data communications and are requesting the approval to
upgrade our current technology to comply with State mandated encryption
requirements and to use technology advancements that are now available.
Those incremental implementations of improved technology in data
communications during the last ten years (refer to Figure 1), are detailed and
discussed below,
Pip— Timeline forthe"PoliceDOadment
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sta "k ImplamenlaUon aline IW1an Man Bm•N005 Mau
Technology plan Appmve- CAO Li - FMS Ui-- Brea MOOS Amnuneemonl CMy Cauncg
Plan 1ncIYEi,, Cofdta i, IM atcswilh lMCgratedaMlh upg,a0e0 to of EW3 of App.aifae %real.
Jammed wnh Brea hi Cs. Brta MOOS Btu MOCS 192 FBPS E.ing MOOS to U"g mms
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004
1944 2004
First Mobile Data Communications System
Figure t
A Strategic Technology Plan (PLAN) was approved for the Police Department by
the City Council in June 1994. The approved PLAN consisted of the following
® major components for the Police Department:
City of Newport. Beach Police Department
Mobile Data Computer System Upgrade Request
March 9, 2004
Page 8
• Implementation of a Computer Aided Dispatch System (CAD) •
• Implementation of a Records Management System (RMS)
• Implementation of a Jail Management System (JMS)
• Implementation of a Document Imaging System (DIS)
• Upgrade of Local Area Network (LAN) Infrastructure
• Implementation of an Automated Vehicle Location (AVL) System
• improve Access to City Wide Area Network (WAN)
• Develop Automated Field Reporting Process
• Enhance Information Technology Staffing
• Implementation of a Mobile Data Communications System (MDCS)
As indicated, the City Council as a part of that PLAN approved a Mobile Data
Communication System (MDCS). The purpose of that approved MDCS was to
provide field Police Department units with the ability to electronically send and
receive messages without physically returning to the police facility. The system
provided the capability to transmit text messages over a radio system that was
separate from the voice communications system in existence at the time. Each
unit was equipped with a second radio and mobile data modem that provided
access to the data communications network.
The Police Department joined an existing private mobile data network owned and
operated by the City of Brea (BREA) in August 1995. BREA's network provided
coverage throughout Orange (including excellent coverage in Newport Beach)
and parts of Los Angeles County. To use their network, BREA required only an
initial activation fee of $1,000 per unit and then a recurring monthly "flat fee" of
$139 for each unit that accessed the network. BREA completely supported the
network and our access to the network by our police mobile field vehicles.
This was a significant savings decision that eliminated the need to purchase our
own separate radio frequency, supporting infrastructure and recurring
maintenance expenses that all would have been significantly cost prohibitive
(estimated to have been in the multi- million dollar range). The speed of BREA's
network at that time was 4800 Kilobits Per Second (KBPS) and the network was
only capable of handling limited character text -based messaging. The Police
Department signed a 5 -year agreement with BREA to use their data network for
all of our marked police vehicles.
Access to that network required hardware (mobile laptop computer, vehicle radio
modem, 800 MHz base station, dedicated telephone line between the base
station and BREA and between the Police Facility and BREA and a mobile
vehicle antenna), software (mobile data client software) and integration with the
planned, and City Council approved, Computer Aided Dispatch system. The
network connected Police Department field units to one another and provided •
access to CLETS through BREA. Once our Computer Aided Dispatch and
City of Newporr Beach Police Department
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Mobile Data Computer System Upgrade Request
March 9, 2004
Page 9
Records Management Systems (refers to figure 2) became operational, field
units gained access to them. The Police Department operated on that network
until February 2000 when a significant network upgrade was implemented by
BREA.
Nexport Beech Police Department
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Second Mobile Data Communications System
First MDCS Network
• Field Units Communicate
with 800 MHz Network
Base Station via Vehicle
Radio Modem.
• Base station
communicates with Radio
Network Controller.
• Radio Network Controller
communicates with
Message Switch.
• Message Switch
communicates with
CSU /DSU.
• CSU /DSU communicates
with Distributed Terminal
Controller.
• Distributed Terminal
Controller communicates
with Computer Aided
Dispatch.
Figure 2
In February 2000, a new upgraded and enhanced network was implemented by
BREA. The new network provided improved technology, faster communications
(19200 KBPS) and a second radio frequency channel for required network
reliability and redundancy (refer to Figure 3).
City of Newport Beach Police Department
Mobile Data Computer System Upgrade Request
March 9, 2004
page 10
Newport Booth Police Department
Current Dnfa Communications Network
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Current MRCS Network
• Field Units Communicate
with 800 MHz Network
Base Station via Vehicle
Radio Modem.
• Base station
communicates with Radio
Network Controller.
• Radio Network Controller
communicates with
Message Switch.
• Message Switch
communicates with
CSU /DSU.
• CSU /DSU communicates
with Distributed Terminal
Controller.
• Distributed Terminal
Controller communicates
with Computer Aided
Dispatch.
Figure 3
The upgraded BREA network was funded from a Federal Grant awarded by the
United States Department of Justice. That grant was approved in 1998 as a part
of the Community Oriented Policing Services Making Officer Redeployment
Effective (COPSMORE) program and actually funded in the fourth quarter of
1999. A consortium of 11 cities (including Newport Beach) participated in the
grant.
The Police Department renegotiated an agreement with BREA for an additional 5
years from the time of signing (or approximately two years longer than the
original agreement). The grant funded a significant network infrastructure
upgrade and enhancement, first year of user fees ($99 per vehicle per month), as
well as a variety of other technology projects for the cities participating in the
grant since being awarded in 1998. The grant has been administered by BREA
and expires June 30, 2004. Based on the expiration of the grant, it is necessary
for the Police Department to move forward with the proposed upgrade to our
mobile data technology to be compliant with grant requirements.
In Newport Beach, the COPSMORE grant has funded the following technology
products and services in addition to our share of the upgraded network
infrastructure:
Cav of NewpDrt Beach Police Department
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Mobile Data Computer System Upgrade Request
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• Mobile Data Computers
• Mobile Data Printers
• Vehicle Radio Modems
• Records Management System
• Desktop Computers
• Mobile Data Computer Communications Software
In addition to what has already been funded by the COPSMORE grant, there is
still designated funding approved and appropriated for a wireless Local Area
Network (LAN) for the Police Department. That funding was based on a need to
supplement the second MDCS and to enhance functionality for technology that
would otherwise not be available on the existing network.
The second MDCS has run effectively and efficiently since 2000. The enhanced
technology, increased speed of the network and redundancy vastly improved this
system from the capabilities of the first system. BREA has continued to provide
outstanding maintenance and support of the entire network and the Police
Department's access to the network.
In August 2001, the State of California, Department of Justice (as described in
Section 1.6.9, Subsection B2, of the California Law Enforcement
Telecommunications System (CLETS) Policies, Practices, Procedures Manual),
mandated that all information communicated wirelessly to and from CLETS was
to be encrypted by March 1, 2003 as follows:
°A11 CLETS information transmitted using a wireless link or dial -up
connection shall be protected with encryption while in that segment.... The
use of cryptographic techniques shall employ a minimum of, or industry
standard equivalent to, 128 -bit encryption.'
was not encrypted. Efforts to provide encryption to the network were
expensive and ultimately determined to be cost prohibitive. BREA ele
agreement with them for access to their existing network effective June 30. 2004.
BREA decided to contract with "Sprint PCS Group" (SPRINT) for mobile data
communications. Sprint provides a public data communications network with
faster speeds (40-60 KBPS with bursts of 140+ KBPS) and nationwide coverage
(refer to Figure 4). BREA negotiated a special configuration with SPRINT that
included a dedicated "frame relay" telephone line connected directly to SPRINT "s
network. The frame relay telephone line is a CLETS security requirement to
prevent data communications from transversing the Internet. BREA also
City of Newport Beach Police Department
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negotiated a contract with "Netmotion Wireless Incorporated" ( NETMOTION) for
"session persistence" and encryption that will satisfy the CLETS requirements.
They have also received approval from the CLETS advisory board to upgrade
their network to SPRINT.
BREA extended the agreement they negotiated with SPRINT to agencies using
their existing network as a replacement option. Under their offer, BREA would be
the administrator of their use of the SPRINT network and be responsible for first -
line support and recurring maintenance issues for individual users including the
Police Department (if approval is granted by the City Council).
To be included in the relationship between BREA and SPRINT, BREA requires
signing a 3 -year agreement with them. In that agreement, BREA will charge a
monthly rate plus overhead of $99 per vehicle. They will include a wireless
modem and software to access the SPRINT wireless network and NETMOTION
client license for session persistence and encryption for each unit using the
network. The intention of using the SPRINT network is to supplement the
proposed wireless Local Area Network.
The Police Department will need additional technology (hardware and software)
to fully operate our wireless Local Area Network. The separate network (owned
by the City of Newport Beach) will consist of three access points, a message
switch, additional session persistence /encryption software and server, an
additional "firewall" for network security and a dedicated high speed telephone
line between the Police Department facility and BREA.
BREA will be responsible for issues and maintenance related to the SPRINT
network and will be responsible for the frame relay line to SPRINT.
Figure 4
City of Newport Beach Police Department
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DISCUSSION:
As noted, our current means of electronic wireless data communications with
Police Department field units will be discontinued by our provider, BREA, at the
end of this fiscal year. Police Department staff planned a supplemental wireless
LAN with funding from a COPSMORE grant but had to delay seeking City
Council approval and implementation of the project until a decision about future
network connectivity was made by BREA.
Once that decision was made, Police Department staff reviewed options and
recommend implementing an enhanced wireless LAN that uses a both a private
network and wireless network operated by SPRINT and what has been proposed
by BREA. The enhanced network will provide field units with faster network
speeds of up to t t Megabits Per Second (MBPS), advanced functionality for field
reporting, Department electronic mail access, Internet resources, Police
Department Local Area Network and City Wide Area Network; and increase
network access from a local regional area to full nationwide coverage.
Proposed Wireless LAN and Mobile Data Communications System
The upgraded data network proposed will use a private LAN (owned by the
Police Department) and will operate on a 2.4 Gigahertz public frequency. The
signal used in that system will be amplified requiring approval from the Federal
Communications Commission. The LAN will have 3 two -way access points (with
the capability to add additional sites as required and as the budget permits) at
strategic locations throughout the City of Newport Beach (refer to Figure 5).
That network will be supplemented by SPRINT's public data network. Access to
Sprint's network will be through a dedicated frame relay line to prevent
communications from transversing the Internet as required by CLETS. SPRINT's
network will not only supplement the 3 access points recommended in the City of
Newport Beach but will provide nationwide coverage and access to our LAN.
The proposed network will have encryption as required by CLETS and session
persistence software installed locally on the client mobile data computers in the
Police Department vehicles. The software will "seamlessly" (without any user
interaction), select the strongest signal at the time of the request and transmit or
receive on either the private LAN or SPRINT network. The Police Department
will also operate a separate server for encryption and session persistence for
data traffic that travels on the private LAN integrated with the server at BREA.
The Police Department will also operate an additional "flrewall" that will provide
additional security and will enhance data integrity for that traffic that travels the
private LAN.
City ofNewporr Beach Police Department
Mobile Data Computer System Upgrade Request
March 9; 2004
Page 14
Figure 5
The mobile LAN will be designed to incorporate extreme security precautions to
prevent outside intrusions. Security will comprise of tracking individual
authorized hardware (modem, mobile computer, PDA) by Media Access Control
(MAC) addresses, Wired Equivalent Privacy (WEP) algorithms, encrypted
signals, network firewall, logons and passwords. Once a user complies with
security requirements and successfully enters the LAN, they will have access to
Police Department resources (including Computer Aided Dispatch, Jail
Management System, Records Management System and Document Imaging
System),. electronic mail, Internet and CLETS (refer to figure O, .
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Newport B4 h ftnm Department
Proposed Data Communlead•ns NaM h
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Procurement Process
Proposed Wireless ,LW. N &
Mobile Data Communications
Network:
Field Units
Communicate with either
Wireless LAN Access
Point or SPRINT base
station.
• Cellular Signal is Routed
to BREA by Frame
Relay Line & Wireless
LAN Signal is routed by
2.4 Gigahertz signal.
• Data is Routed through
BREA Message Switch.
• BREA Message Switch
Communicates with ZNC
• ZNC Communicates with
Computer Aided
Dispatch & Records
Management System.
• Internet Traffic Routed
through NBPD Firewall
Figure 6
Police Department staff has explored a number of options for implementing a
mobile wireless LAN and supplemental MDCS. Each component of the
proposed system is very complex and must integrate with our existing
infrastructure (internal LAN, Computer Aided Dispatch, Records Management
System, CLETS access etc.) and operational requirements. We are
recommending upgrading products and services from vendors (as described
below) that we already use. The components of this project are the following:
City of Newport Beach Police Department
0
Mobile Data Computer System Upgrade Request
March 9, 2004
Page iS
Vendor
Product
Services
City of Brea
Sprint Wireless Data
Secure Access in
Network
Compliance with State
Requirements to Wireless
Data Network & First Tier
Support for Network &
Related Hardware
Northrop Grumman
Various Wireless LAN
Design, Engineering &
Hardware
Network Integration
Custom Logic Design
Zclient 32 UDP Mobile
Design, Engineering &
Data Client Software &
System Integration
Message Switch
Software
SPRINT
Wireless Modem,
Engineering & Network
Communications
Integration
Software & Frame
Relav Line
NETMOTION
Encryption, Session
Engineering & Network
Persistence Client
Integration
Software & Best
Connection Preference
DELL
Redundant Computer
Network Servers for:
• Message Switch
• NETMOTION
wor
Network Computer
Server Rack
CHECKPOINT
Firewall Software
Installation, configuration &
Support of Wireless LAN
"Firewair server.
Bayshore Electric
Miscellaneous
Engineering & Labor
Electrical Parts, &
Cablin
City of Brea
BREA has provided mobile data computing capabilities to the Police Department
for the last several years. They have provided outstanding service, support and
maintenance of a MDCS used by the Police Department. Their current proposal
to upgrade their system using the SPRINT network that is uniquely configured to
comply with CLETS requirements is the recommended preference for Police
Clry of Newport Beach Police Department
i
0
0
0
•
Mobile Data Computer System Upgrade Request
March 9, 2004
Page 17
Department data communications. BREA also is providing hardware and
software and is not requiring any additional start-up
Northroa Grumman Information Technoloav Public Safety, ncorporated
Northrop Grumman Information Technology Public Safety, Incorporated (PSI) is
the system integrator who designed and implemented our Computer Aided
Dispatch, Records Management System, integration to CLETS and messaging
capabilities (while doing business as PRC Public Safety, Incorporated). We
currently have a maintenance agreement with PSI to service both Computer
Aided Dispatch and Records Management Systems hardware and software 24
hours per day, 7 days per week basis.
PSI was consulted regarding providing a mobile wireless LAN system for the
Police Department. PSI provided a test network to the Police Department free of
charge. That test network was developed to prove the feasibility of the concept,
research viable solutions, experiment with infrastructure hardware and software,
review topographical challenges and determine the compatibility of the proposed
solution with our existing systems. PSI provided a recommended solution that
not only meets our requirements but also will integrate with our existing systems.
Our recommendation is to approve PSI to provide a mobile wireless LAN as an
upgrade to the services they currently provide to the Police Department.
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City of Newport Beach Police Department
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City of Newport Beach Police Department
• 0
Mobile Data Computer System Upgrade Request
March 9, 2004
Page f8
Custom Logic Design
Custom Logic Design developed the mobile data client software that is currently
installed in all of our marked Police Department vehicles. The product ( "Zclient)
is an object oriented "Windows" application that provides sophisticated
messaging and reporting functions. The recommended upgrade to "ZClient32" is
required to access the mobile wireless LAN and SPRINT network. Zclient32 is
designed for our proposed high performance mobile computing environment.
The upgraded application provides a graphical user interface, coupled with
unique audio prompting features not found in other messaging applications. The
application is engineered to work with existing PutAc Safety Mobile Data
Terminal Systems, providing an enhanced user interface without requiring
modifications to the Computer Aided Dispatch system interface.
The proposed message switch from Custom Logic Design will eliminate our need
to upgrade our Computer Aided Dispatch system from PSI to a Transfer Control
Protocol (TCP) /Internet Protocol (IP) as recommended for the upgraded wireless
communications network. PSI provided quotes for that upgrade to our Computer
Aided Dispatch system that ranged from between $169,000 and $226,000 alone,
which is cost prohibitive at this time. The message switch will also enable
access to the City's WAN for parking citation and animal license information
contained at City Hail and to internal systems on the Police Department LAN.
Custom Logic Design Proposed Configuration
Message Switch Implemental
City of Newport Beach Police
ZNC at Brea
13
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Figure a
City of Nexyort Beach Police Department
L J
u
0
Mobile Data Computer System Upgrade Request
March 9, 2004
Page 19
0 SPRINT
SPRINT provides wireless data communications capability for several of the
Police Department's mobile computers. Employees use those computers during
Department - related travel to access electronic mail and Internet resources. The
coverage (particularly in the City of Newport Beach) of the wireless cellular data
network from SPRINT has been exceptional. We are also in the process of
implementing an Automated Vehicle Locabon/Tracking system using the SPRINT
network for transfer of data. The BREA will provide first -level of support for the
department.
The department is proposing using SPRINT to provide the required T -1 (defined
as a dedicated phone connection supporting data rates of 1.544Mbits per
second) between the Police Department and BREA. SPRINT has competitive
rates and is familiar with all the requirements necessary to complete the
connection to BREA and remain compliant with CLETS requirements.
Dell
Dell Incorporated (DELL) currently supplies all of our "Windows" based computer
servers at the Police Department. They also supply the rack that houses the
1101 servers and the maintenance support on both product lines. Our preference is to
recommend purchasing from DELL to keep installation, performance, and
aesthetics of the server room and racks the same and has maintenance and
equipment support consistent with what is currently done.
DELL quoted pricing for this project based on the State of California, Department
of General Services (DGS) contract (derived from competitive bidding) and the
Western States Contracting Alliance (WSCA) contract (also derived from
competitive bidding). These contracts eliminate the need for local government
agencies to repeat a competitive bidding process that is costly and time
consuming and will not result in prices lower than what DGS and WSCA have
obtained.
Checkpoint
Checkpoint currently supports our exis1ing "firewall" (server and software) for our
internal LAN and external access to the City Wide Area Network, Internet, and
Orange County Sheriff's Department. It the Police Department's
recommendation to continue to use Checkpoint for the additional "firewall" server
requested in this proposal for the external mobile LAN. This will minimize
support and training issues for Police Department staff and ensure the security
and integrity of traffic over the external mobile LAN.
City of Nemport Beach Police Department
0 •
Mobile Data Computer System Upgrade Request
March 9, 2009
Paae 20
Bayshore Electric
Bayshore Electric has provided the engineering, installation and maintenance of
electrical power for most technology related hardware and cabling in the Police
facility and in particular the existing computer server racks and our
Uninterruptible Power Supply (UPS). The proposed computer servers and server
rack required for this project will have to be connected to the UPS and its power
load balanced to ensure safety and reliability. The computer servers will need to
be connected to the Department's LAN.
Bayshore also has provided similar services to most City owned buildings. Two
of the three proposed sites for installation of access points for the mobile wireless
LAN will be at City Buildings. Electrical power and cabling will be required at all 6
access point sites and our recommendation is to have Bayshore Electric be
awarded the contract.
n
U
E
Ciry of Newporr Beach Police Deparonent
KI
Mobile Data Computer System Upgrade Request
March 9, 2004
Page 21
ENVIRONMENTAL REVIEW:
None
Ciry of Newport Beach Police Department
Mobile Data Computer System Upgrade Request
March 9, 2004
Page 22
FUNDING AVAILABILITY: 0
As noted above, this project will be funded from the 1996 COPSMORE Grant
program. This is a reimbursement grant that will return 75% of expenditures to
the City of Newport Beach. The remaining 25% of expenditures will be funded
from the General Fund unappropriated surplus account as required by the grant.
The scope and method of procurement for this project has been discussed with
and approved by Dennis Danner, Administrative Services Director. Using the
listed vendors will provide for direct integration with existing systems, significantly
reducing the need for new or re- engineered programs and saving money as well
as provide for timely purchase and installation of the necessary equipment.
As with any project of this size and complexity, there will be recurring costs for
network access, maintenance and support. The amount required to support this
project will need to be added to the Police Department's budget base for Fiscal
Year 2005. Project implementation should be completed prior to end of Fiscal
Year 2004 and any maintenance and support fees wilt be absorbed in the current
Police Department budget. The recurring fees identified are not covered by the
grant and are the responsibility of our Department once the project
implementation is completed.
11
•
City of Newport Beach Police Department
Mobile Data Computer System Upgrade Request
March 9, 2004
Page 23
CONCLUSION:
Upgrading the Police Department Mobile Data Communications System will
provide the advanced technological capabilities to access CLETS, communicate
with other field units, send and receive messages to and from our Computer
Aided Dispatch System at much higher speeds. The upgraded system will also
facilitate an Automated Vehicle Location system and electronic mapping using a
Global Positioning System.
In addition, the proposed systems will provide the capability for field units to
access electronic mail, Internet resources, the Police Department LAN and City
WAN from virtually anywhere in the nation. Providing access to additional
resources will also increase the safety of the public and our employees.
We request the City Council consider the following:
• Approve recommended upgrades to the Police Department Mobile Data
Communications System.
• Authorize the Chief of Police to negotiate an agreement with the specified
vendors and the City Manager to have the authority to sign the
agreements with the specified vendors.
• Award purchase to the listed vendors for the specified equipment,
software and services at the quoted costs as described in this report.
• Approve expenditures from Capital Improvement Program budget account
number 7017 - 0180539.
• Approve adjustment to Police Department base budget for Fiscal Year
2005 to reflect annual recurring costs associated with project
implementation.
City of Newport Beach Police Department
• i
Prepared by:
Tim Riley, Captain
Detective Dlvis)on Commander
Submitted
1
Bob McDonell
Chief of Police
Mobile Data Computer System Upgr ide Request
March 9, 2004
Page 24
Paul Henisey, Ca
Support Services Division Commander
Ci(c of Neapmrt Beach Police Department
•
•
1.._J
Ay of Newport Beach
BUDGET AMENDMENT
2003 -04
*FECT ON BUDGETARY FUND BALANCE:
NO. BA- 037
AMOUNT: 8291,710.00
Pq Increase Revenue Estimates Increase in Budgetary Fund Balance
Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
X from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase revenue estimates and expenditure appropriations related the Mobile Data Communications System
Upgrade (COPS More - Brea).
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE Amount
Fund Account Description Debit Credit
010 3605 General Fund Fund Balance $106,691.00
WENUE EST7MATES (3601)
Fund/Oivision Account Description
1820 4817 COPS More Grant $185,019.00
EXPENDITUREAPPROPRIATIONS (3603)
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Acrount
Number
Signed:
Signed:
0
Signed:
Description
7017 Automation/Communication
C1820539 Strategic Info -COPS More
Approval: Administrative Services Director
City Manager
City Council Approval: City Clerk
$291,710.00
r?..t G o y
Date
A z v
to
Date
\C#\ . Pity of Newport Beacip NO. BA-
BUDGETAMENDMENT
2003 -04
EFFECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
X from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
037
AMOUNT: $as1,71a.00
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase revenue estimates and expenditure appropriations related the Mobile Data Communications System
Upgrade (COPS More - Brea).
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Signed: c
Fins
Signed: 2da
C
Signed:
Approval: Administrative Services Director
city
City Council Approval: City
Amount
Debit Credit
$106,691.00
$185,019.D0
$291,710.00.
Data
t
Date
Fund Account
Description
010 3605
General Fund Fund Balance
REVENUE ESTIMATES (3601)
Fund/Division Account
Description
1820 4817
COPS More Grant
EXPENDITUREAPPROPRIATIONS (3603)
Description
Division
Number 7017
Automation /Communication
Account
Number C1820539
Strategic Info - COPS More
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed: c
Fins
Signed: 2da
C
Signed:
Approval: Administrative Services Director
city
City Council Approval: City
Amount
Debit Credit
$106,691.00
$185,019.D0
$291,710.00.
Data
t
Date