Loading...
HomeMy WebLinkAbout2015 CON Dictation Sales and Service DBA DSS - Police RecordersCITY OF NATIONAL CITY SHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND DICTATION SALES AND SERVICE, INC. DBA DSS CORPORATION THIS AGREEMENT is entered into this ' day of #d 'e. , 2015, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and DICTATION SALES AND SERVICE, INC., DBA DSS CORPORATION, a professional corporation. (the "CONSULTANT"). NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the services set forth herein in accordance with the following terms and conditions: 1. Description of Services. CONTRACTOR shall provide an upgrade to the Police Department's obsolete voice recorder to support new phone line types, have more storage, have a modern Windows program to have a web interface, and no longer rely on CD-R/DVD-R recordings. The CONSULTANT will perform these services as set forth in the attached Exhibit «A„ 2. Length of Agreement. The duration of this Agreement is October, 1 2015, through February 1, 2016. 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed a one-time cost of $6,005.90. The compensation for CONTRACTOR'S work shall be based upon and not exceed the rates given in Exhibit "A" (the labor rates) without prior written authorization from CITY. 4. Payment Schedule. CITY will make payment within thirty (30) days of receiving and approving a billing statement for the satisfactorily completed services of CONTRACTOR. 5. Termination. CITY may terminate this Agreement at any time by providing a one (1) day written notice to CONTRACTOR. 6. Independent Contractor. It is agreed that CONTRACTOR is an independent Contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR'S agents, servants and employees, and said persons shall not be deemed agents, servants, or employees of CITY. 7. Insurance. CONTRACTOR shall obtain: A. D If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 Revised February 2009 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 1. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. Insurance certificates must specify certificate holder as: City of National City ATTN: Risk Manager 1243 National City Blvd National City, CA 91950-4301 8. Hold Harmless. CONTRACTOR shall defend, indemnify, and hold CITY, its Officers, employee, and agents harmless from any liability for damage or claims of same, including but not limited to personal injury, property damage and death, which may arise from CONTRACTOR, or CONTRACTOR'S subcontractors, agents or employees' operations under 2015 Agreement 2 City of National City and DSS Corporation this Agreement. CITY shall cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. 9. Acceptability of Work. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 10. Business License. CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. 11. Miscellaneous Provisions. A. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. B. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. C. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. D. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. E. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. F. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. G. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The CONTRACTOR shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. H. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. I. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. J. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 2015 Agreement 3 City of National City and DSS Corporation IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. CITY OF NATIONAL CITY Leslie Deese, City Manager P OVED AS TO FORM: C City Att itua Silva CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4301 Phone: (619)336-4433 Fax: (619)336-4525 Contact: Robert Rounds Title: Lieutenant Dep.: Police Department Email: rrounds@nationalcityca.gov 2015 Agreement DICTATION SALES AND SERVICE, INC. DBA DSS�CORPORATION (Signat fSi, two corporate officers required) By: (Title) (Name) Y-bn if‘ctid Gc; t t s (Print) ?cort0A. 1ltuia,eJ By: (Name) J� e Kose_d. (Print) Co/ ?e;cQ4 (Title) DSS CORPORATION 18311 W. Ten Mile Road Southfield, MI 48075 Phone: 858-768-2183 Fax: 248-569-6567 Contact: Donald Gillis Title: Sales Email: dgillis@dss-corp.com Taxpayer I.D. No.: 38-2110008 4 City of National City and DSS Corporation ExhdbdF � DSS CORPORATION - WEST COAST 3914 Murphy Canyon Road Suite A250 San Diego, CA 92123 www.dss-corp.com GI- 4 Contract Number GS-03F-0023T Customer Information Name: National City Police Department Address: 1200 National City Blvd. City: National City Atm: Cody Williams Phone: (618) 336-4459 Email: cwilliamstWnationalcitvca.0ov State CA Zip 91950 J DSS Corporation Contact Information Quote: 1501211 Date: 30-Oct-2014 J Contact: Donald Gillis Phone:(858)768.2183 Fax: 248-569-6567 Email: dgillis(Tdss-corp.com TIN: 38-2110008 Cage Code: 1osN2 DUN: 0e-1888541 Item Qty Model Model Description Unit Pricing ; Extended I � . 1 1 In -field Upgrades Win 7 Embedded Upgrade $ 3,575.00 $ 3,575.00 2 TB Hard Drives *Two hard drives per system required for RAID-1 compatibility • DI/DSS will create and install W7 Embedded OS image * DI/DSS will create image for DI Reliant II with Intel DH67CL, "DI/DSS may have to complete firmware upgrades for the Accusys RAID-1 assemblies for the 2 TB drives " DI/DSS will install one of the old drives into the Reliant chassis to copy existing data to the new Win 7 RAID-1 * Copy process from old drive may take several hours * DI/DSS will ensure proper drive lettering for D:\DATA, corresponding buffer drives and DVD-RAM drives, including disk partitions 1 * NCPD will need to retain and reconfigure channel, user, and system configurations * DSS will go on -site to provide complete upgrade support * 4 GB DDR2 RAM 2 1 External RAID-1 Array 2 TB USB connected RAID-1 Archiving Array $ 975.00 . $ 975.00 Replace obsolete DVD-RAM drive archiving sub -system RAID-1 array configured for SQL Web -Courier access - browser based client 3 6 On -site Labor DSS on -site to conduct hardware swap outs, system configuration and conduct operational and functional acceptance testing. $ 160.00 . $ 960.00 NOTES: A. Hours listed in Line Item 3 are estimates. DSS will bill actual hours. I 1 i I I I I I i Project Information I Schema: National City PD Win 7 Embedded Proposal Ref No.: 1501211 Delivery: 2-3 Weeks J Applicable taxes not included or supply Tax Exempt Number FOB: Ongin/Pre-pay "Expect Excellence" ilmilatarliteemoomm $ Terms: I 5 510.00 NET:30 FOB:Ori. in Shipping TOTAL 1 5 510.00 To( 44S•9v 601)6-9° 30-Oct-2014 AIV o® CERTIFICATE OF LIABILITY INSURANCE DATE (MM7DDIYYYY) 07/07/15 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy((es) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services, Inc of Florida 1001 8ricket1 Bey Drive. Suite #1100 Miami, FL 33131-4937 CONTACT NAME: Aon Risk Services, Inc of Florida PHONE A/C No, Eat): 800-743-8130 FAX No): 800-522-7514 omit ADDRESS: ADP.COI.Center(SAon.com INSURER(S) AFFORDING COVERAGE NA)C It INSURER A : National Union Fire Ins Co of Pittsburgh 19445 INSURED ADP TotalSource FL XXIX, Inc. 10200 Sunset Drive Miami, FL 33173 L/C/F Dictation Sales 8 Service DBA DSS Corporation 18311 W. 10 Mile Road Suite 200 Southfield, MI 48075 INSURER 8 : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1153888 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT IMTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED. INSR LTR TYPE OF INSURANCE ADDL. INSR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY)_ POLICY EXP (MM/DD/YYYYL LIMITS COMMERCIAL GENERAL UABIUTY OCCUR EACH OCCURRENCE 5 CLAIMS -MADE DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL 8 ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S PRODUCTS - COMP/OP AGG $ S AUTOMOBILECOMBINED _ LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS -- — _ SCHEDULED AUTOS NON -OWNED AUTOS SINGLE LIMIT (Ea accident) 5 BODILY INJURY (Per person) 5 BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident) S S UMBRELLA LIAB EXCESS LIAB ^ OCCUR CLAIMS -MADE EACH OCCURRENCE 5 AGGREGATE S DEC RETENTION S A WORKERS COMPENSATION AND EMPLOYERS' UABIUTY Y / N ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) Ir yea. ascribe undo DESCRIPTION OF OPERATIONS below N / A X INC 034124102 CA 07/01/15 07/01/16 X PER OTH- STATUTE ER E.L. EACH ACCIDENT S 2,000,000 E.L. DISEASE - EA EMPLOYEE S 2,000.000 E.L. DISEASE - POLICY LIMIT S 2.000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101,Addlttonal Remarks Schedule, may be attached If more apace la required) All worksito employees working for DICTATION SALES & SERVICE DBA DSS CORPORATION. pald under ADP TOTALSOURCE, INC's payroll. are covered under the above stated policy. WAIVER OF SUBROGATION IN FAVOR OF CERTIFICATE HOLDER AS RESPECTS OF JOB PERFORMED BY DICTATION SALES & SERVICE DOA DSS CORPORATION AS REQUIRED BY WRITTEN CONTRACT. ATE HOLDER CANCELLATION City of National Oty 1200 National City Blvd. National City, CA 91950 ACORD 25 (2014/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE elan. cJ< k »etvice6, lac o f cflo'cida ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below, (The following" attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement. Effective on 07/07/2015 at 12:01 AM, forms a part of Policy No. WC 034124102 Issued to: ADP TotalSource FL XXIX, Inc. 10200 Sunset Drive Miami, FL 33173 UC/F Dictation Sales & Service DBA DSS Corporation 18311 W. 10 Mile Road Suite 200 Southfield, MI 48075 Premium: N/A By: National Union Fire Ins Co of Pittsburgh We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be Additional Premium Percent% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization City of National City 1200 National City Blvd. National City, CA 91950 WC 04 03 06 Countersigned by (Ed. 4-84) Asi-AU Authorized Representative DSSCO.1 OP ID: GC ACORN' CERTIFICATE OF LIABILITY INSURANCE �� DATE(MMro°""�`' 07/23/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER First Independent Insurance 14500 Lakeside Circle Sterling Heights, MI48313-1330 James M. Daniel CONTACT James M. Daniel PHONEFAX r. Ho. Eon: 586-247-2220 (NC, No 586-247-7570 ADDRESS: INSURER(S)AFFORDING COVERAGE NA)C # INSURER A: The Hartford 29424 WSURED DSS Corporation 18311 W.10 Mile Rd Ste 200 Southfield, MI 48075 NSURER B : INSURER C: INSURER D-: INSURER E ; INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD INSD SUBR WVD POLICY NUMBER POUCY EFFF (MMIDOIYYYYL(MMIODrocrrL POLICY EXP LIMITS A X COMMERCIAL GENERAL UABILrrY EACH OCCURRENCE 3 2,000,000 I CLAIMS -MADE I X I OCCUR X 35SBAPJ6752 04/27/2015 04/27/2016 PREM1SEs {Eu RENTED nra} 3 1,000,000 MED EXP (Any one person) 3 10,000 PERSONAL&ADVINJURY $ 2,000,000 GENII. AGGREGATE UMIT APPLIES PER: GENERAL AGGREGATE 3 4,000,000 P POLICY U JECT I I LOC PRODUCTS - COMP/OP AGO 3 4,000,000 OTHER: 3 AUTOMOBILE UAB(UTY CONEDl) SINGLE LIMIT lEa 3 1,000,000 A X ANY AUTO —SCHEDULED X 35UECPM1986 04/27/2015 04/27/2016 BODILY INJURY (Per person) 3 ALL OWNED AUTOS BODILY INJURY (Per ( ) 3 H HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Peraccldanl) $ $ X UMBRELLA L1A9 _ OCCUR EACH OCCURRENCE 3 2,000,000 A EXCESS LIAB CLAIMS -MADE X 35SBAPJ6752 04/27/2015 04/27/2016 AGGREGATE 3 2,000,000 DED X RETENTON$ 10,000 3 WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY PER OTH- STATUTE ER Y/ ANY PROPRIETORIPARTNER/EXECUTTVE OFFICERMEMBER EXCLUDED? N N / A E.L EACH ACCIDENT 3 (Mandatory In NH) If describe under E.L. DISEASE - EA EMPLOYEE 3 yes, DESR1PTION OF OPERATIONS below E.L. DISEASE - POUCY UMIT 3 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace la roqulrad) CANCELLATION NATCITY City of National City 1200 National City Blvd. National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE James M. Daniel ACORD 25 (2014/01) 01988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo aro registered marks of ACORD POLICY NUMBER; 35 SBA Pa6752 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON -ORGANIZATION City of National City 1200 National City Blvd National City, CA 9195D Form lit 12 0011 85 T SEQ. NO. 001 Printed In U.S.A. Page 002 (CONTINUED ON NEXT PAGE) Process Date: 07/05/15 Expiration pate: 04/27/16 POLICY NUMBER: 35 UEC PM1986 CHANGE NUMBER 003 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: NAMED PERSON(S) OR ORGANIZATION(S) COMMERCIAL ADTO COVERAGE PART METROPOLITAN TRANSIT AUTHORITY 1900 MAIN STREET, 5TH FLOOR HOUSTON, TX 77208 SARASOTA MANATEE AIRPORT AUTHORITY 6000 AIRPORT CIRCLE SARASOTA, FL 34243 • CITY OF NATIONAL CITY 1200 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 Form lH 12 01 11 85 SEQ.NO. 03 Printed In U.S.A. CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk DICTATION SALES AND SERVICE dba DSS CORPORATION NCPD Voice Recorder Upgrade Bridget Gregory (Police) Forwarded Copy of Agreement to Dictation Sales and Service dba DSS Corporation