Ull') CityofDowney AGENDA MEMO
Item No
APPROVED BY
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CIPr MANAGERTO:
FROM OFFICE OF THE CITY MANAGER
BY: DAN HURLOCK, FIRE CHIEF
DATE:
SUBJECT:
MARCH 26, 2024
FIRE CAD PROJECT - SERVICE AGREEMENT WITH TABLET COMMAND, INC.,
FOR MOBILE COMPUTER AIDED DISPATCH SERVICE
EXECUTIVE SUMMARY
The City Council will consider approving a service agreement with Tablet Command, Inc. for a three-year term for their mobile computer aided dispatch program. The mobile computer aided dispatch platform is essential for units and personnel in the field to receive dispatch information, provide time-stamped unit status updates, and manage all-risk fire and rescue incidents
RECOMMENDATION
That the City Council:
1. Approve the Fire Department service agreement with Tablet Command, Inc. for mobile computer aided dispatch service for a three (3) year term beginning on May 1, 2024, for a total contract amount of $160,699, and
2. Authorize the City Manager, or his designee, to execute the Service Agreement with Tablet Command, Inc., including any non-substantive extensions, change orders, purchase orders, and amendments
BACKGROUND
In January 2021, the Fire Department’s Computer Aided Dispatch (CAD) Committee began a project to replace the Downey Fire Communications Center’s (DFCC) CAD and associated software programs. On June 27, 2023, the City Council approved the purchase and implementation of Motorola Flex CAD to replace the CAD system that had been in place for more than 20 years and is soon to be obsolete and no longer serviced by the vendor. Motorola Flex CAD is on schedule to “go live” and be in use on July 9 2024. The scope of the CAD replacement project includes a new mobile CAD program that will be provided by Tablet Command, Inc., and was approved in the Fire Department’s Fiscal Year (FY) 2023-2024 Budget.
FIRE CAD PROJECT – SERVICE AGREEMENT WITH TABLET COMMAND, INC., FOR MOBILE
COMPUTER AIDED DISPATCH SERVICE
MARCH 26, 2024
PAGE 2 OF 3
ANALYSIS
Every CAD system requires a mobile CAD program to allow communication and information exchange between the fire communications center and units in the field. The mobile CAD program, provided by Tablet Command, Inc., will be a Sole Source acquisition and will serve as the required interface between the Motorola Flex CAD program, and the field units for the Downey, Compton, and Santa Fe Springs Fire Departments. The Tablet Command, mobile CAD platform is the only known product that provides 2-way status functions, incident management, Motorola Flex CAD integration First Due RMS integration and operates on the Apple tablet iOS platform. Tablet Command will be used to provide comprehensive information to units responding to an emergency, such as incident location, incident type, identification of other units responding, and other pertinent information as input by the dispatcher. Tablet Command also provIdes automatic vehicle location (AVL) through GPS tracking and provides status updates for field units, allowing dispatch to send the closest, available apparatus to an emergency incident.
The information provided through Tablet Command also provides Incident Commanders with the ability to manage emergency resources from the Incident Command Post, which is usually located near the emergency and operating from the back of a command vehicle, Additionally, Tablet Command automatically integrates with Telestaff, the City's personnel staffing program, identifying who is working on every apparatus at any given time. This allows for increased personnel accountability and improves firefighter safety during emergencies
CITY COUNCIL PRIORITIES
Fiscal Responsibility
Efficiency & Adaptability
Quality of Life, Safety & Infrastructure
FISCAL IMPACT
Approval of the recommended action will result in an expenditure from General Fund - Measure S Capital Fund Account No. 33-4-2640-0670, as previously approved in the FY 2023-2024 operating budget.
Expenditure Schedule:
FY 2023/2024 - $69,899 (programming, set up, training, service and maintenance) FY 2024/2025 - $45,400 (service and maintenance)
FY 20252026 - $45,400 (service and maintenance)
2 FIRE CAD PROJECT – SERVICE AGREEMENT WITH TABLET COMMAND, INC.. FOR MOBILE
COMPUTER AIDED DISPATCH SERVICE
MARCH 26, 2024
PAGE 2 OF 3
ATTACHMENTS
Attachment A: Tablet Command Service Agreement
Attachment B: Tablet Command Price Quote
Tablet Command aService Agreement
This Agreement ("Agr8emenf) is entered into as of MardI 1, 2024 (-Enbcuve Date-) by and tntween Tablet Command, Inc., (ttn -Company-), and City of Downey. on behalf of its Fire Department (or -Customer-). Company and Customer shall tn individually nferTed to as a -Party- and oollectively nferTed to as the -Parties-.
Whereas, an important value of the Customer is to operate a strong, sustainable, reliable, shared notification, response, and inddent management system.
Whereas, the Customer believes that a oomrrwl or shared notifiation, response, and incident management wIll pa:>dun a more reliable and standardized operational picture and benefit response personnel as a whole.
Whereas, the Customer rea>gnizes that the following will improve safety on the emergency scene:
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•
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nmely and aaurate incident notification
Comprehensive and amlrate mapping and routing
Access to agenq map data through Esri ARC GIS Online
Integrated resourms status into CAD (simple and complex status change) Unit status view
o Map
o Table
Shared Inoent view by all users
Transfer of command
Standardized command and control
AgencY specIfied incident templates and checklists
nme stamped remNl of all actions on the emergency scene Improved after-action analysis with timestamped documentatjon Improved accountability.
•
•
•
•
•
e
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Whereas, both Parties re(x)gnize that a relationship desaibed herein may be mutually beneficial.
Now therefore, in consideration of the mutual promises contained herein, the Parties agree as follows
1. Services. During the Term Cornpany will provide the following -Services- and Customer agrees to the folloMng: (a) Customer shall direct inddent data to https://api.tabletcommand com, and (b) Company shall provide (i) System activaUon, including CAD integration and testing, amunt configuration, mobile devin authentication, integration to third party solutions (staffing, pre planning, etc.) as outlined in the quote(s) provided, initial training and orientation, and ongoing wstomer support. Prior to use of the Serviws and Mobile Appl@tion (as defined in the EULJ\), Customer users will be required to agree to the terms of an End User Limnse Agreement Attachment “A“
('EULA-). TIle terms of the EULA are binding on the Customer and are Incorporated by reference into this Agreement.
2. Fees. Company shall provide the Services in consideratiul for the fees set forth in the attached Quote provIded to and approved by the Customer. Company will issue periodic invoices and Customer agrees to pay such amounts within forty-five (45) days of remipt. The total sum to be expended under the term of this Agreement shall not exceed $176,770
3. Term. TIle term of this Agreement will begin on the Effective Date and will oontinue until the earlier of (i) three years from the Eff8ctive Date, or (ii) upon ten (10) days written notioe by either Party to the other for any reason. The term of this Agreement may be extended by a writing executed by Company and Customer’s City Manager.
4. Confidentiality
A, Definition. -ConfidentIal InformatIon- means any non-public information that relates to Company or Customer, as applicable, including without limitation, the terms and conditions of this Agreement, technical data, know-how, trade secrets, pnxluct plans, markets, services offerings, customer IIsts and customers, software, re9eamh and developments, inventions, processes, formulas. designs, drawings, hardware configurations or finances. Confidential Information does not include information that a) is known to either Party at the time of disclosure as evidenced by written records, (ii) has become publicly known and made generally available through no wrongful act of the nmMng Party or (iii) has been rightfully re@ived by a Party from a third party who is authorized to make such disclosure
B. Nonuse and Nondisclosure, Neither Party will during or subsequent to the term of this Agreement, (i) use the Confidential Information for any purpose other than the performanm of this Agreement or (ii) disclose Confidential Information to any third party. Confidential Information will remain the sole property of the disdosing Party. Each Party agrees to take all reasonable precautions to prevent any unauthorized dIsclosure or use of such Confidential Information.
C. Permitted Disclosure. Notwithstanding the rntHctions on use and disclosure of Confidential Information in section 4(B), a Party may disclose Confidential Information as necessary to comply with a legal demand or obligation (e.g., subpoena, civil investIgative demand, mmplianoe with the California Public Records Act) so long as such Party provides at least five (5) business days' prior written notiae of such disdosure to the other Party (to the extent legally permitted) and any assistance reasonably requested by the other Party to aontest or limit the disclosure.
D. Remedies. If a Party discloses or uses (or threatens to disclose or use) Confidential Information, the Party whose Confidential Information is or may tn disclosed or used will have the right, in addition to any other remedies under this Agreemenl to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the Parties that other available legal remedies are inadequate.
2 5. Ownership. The Parties agrees that all copyrights, moral rights, notes. ennis, drawings, designs, inventions, improvements, d6vek)pments, discoveries, aomputer programs (e.g. source axle, object axle, listings), workln+rogrws, deliverables, drawings. designs, logos, images, trademarks, and trade seaets mnaeived, dismvend, developed or reduced to practioe by Company (oollectively, InventIons-), solely or in cxilaboration with others, that relate in any manner to the business of Company are the sole pro{nrty of Company, except the extent of any Customer Confidential Information.
6. LiabiIIty. EACH PARTY DISCLAIMS ANY AND ALL WARRANTIES AND INDEMNITIES,
EXPRESS OR IMPLIED, IN THE PROVISION OF SERVICES HEREUNDER, INCLUDING THE IMPLIED WARRAVriES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE.
7. Indemntfication. Company shall defend (wtth counsel aooeptable to Customer), indemnify and hold the Customer, its officials, officers, employees, volunteers and agents free and harmleu Bum any and aN claims, demands, muses of action, costs, expenses, liability, loss, damage or injury, in law or equIty, in any manner arising out of or incident to any thiN+nrty allegations that the Servims infringe the intellecXual property rights of such third party. Company shall pay and satisfy any judgment, award or decree that may be rendered against Customer or its directors, offidals, officers, employees, agents or volunteers. in any such suit, action or other legal proceeding. Company shall reimburse Customer and its directors, offidals, offioers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection with enfordng the indemnity herein provided. Company’s obligation to indemnify shall not be res&icted to insuran@ proceeds, if any, rewived by the Customer, its directors, offidals officers, employees, and agents or volunteers' Company shall not be obligated to defend, indemnify or hold Customer harmless in any manner whatsoever for any claims or liability arising solely out of Customer’s own negligent acts. errors or omissions or willful misconduct.
8. Insurance
A. Minimurn Requirements. Company shall, at its expense, prwure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in oonneciion with the performance of the Services by the Company, its agents, representativ%, employees or subcontractors. Such insurance shall meet at least the following minimum levels of coverage:
(i) Minimum Scope of Insurance, (a) CommercIal General Liability (CGL)-. Insurance S8rvioes Offim Form CG 00 01 covering CGL on an -occurrence” basis including products and completed operations, property damage, Wily injury and personal and advertising injury; (b) Automobile Liability Insuranoe Services Offioe Form Number CA 0001 oavering Code 1 (any auto) or if Company owns no autos, Code 8 (hired) and 9 (nonowned); (c) Workers’ 3 Compensation : Workers’ Compensation insurance as required by the State of California with Statutory Limits; and (d) Employer’s Liability Insurance. (ii) Minimum Limits of Insuranw. Company shall maintain limits no less than: (a) Commercial General Liability (CGL): No less than $2,CX)0,000 per occurrence for products and completed operations, tndily injury, property damage and personal and advertising injury. If Commercial General Liability Insurance or other form with general aggregate limit applies, either the general aggregate limit shall apply separatety to this Agreement/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twioe the required occurrence limit; (b) Automobile Liability: No less than $2,Qaa,000 per accident for bodily injury and property damage; (c) Workers’ Compensation: Workers' Compensation limits as required by the Labor Code of the State of California with Statutory Limits; and (d) Employer’s Liability; Employer’s Liability limits of no less than $2,000,000 per acddent for Wily injury or disease. Employer's Liability coverage may be waived by the City if City receives written verification that Consultant has no employees.
(iii) Professional Liability {Errors & Omissions). Company shall procure and maintain, and require its sub40nsultants to procure and maintain, for a period of five (5) years following completion of the Services or the Project, errors and omissions liability insurance appropriate to its profession. Such insurance shall be in an amount not less than $2,acK),000 per occurrence or claim and $2,CDa,000 in the aggregate, and shall be endorsed to include contractual liability.
(iv) Technology Professional Liability Errors and Omissions Insurance. If appropriate to the Company’s profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Company in this Agreement and shall include, but not be limited to. claims involving infringement of intellectual property, mpyHght, trademark, invasion of privacy violations, information theft, release of private information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits suffident to respond to these obligations.
B. Insurance Endorsements. The insurance policies shall contain the following provisions, or Company shall provide endorsements on forms approved by the City to add the following provisions to the insuran@ policies:
(i) Additional Insured Status. The Commercial General Liability policy shall be endorsed to state that: (a) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to liability arising from the Services perforrned by or on behalf of the Company, Including materials, parts or equipment furnished in mnnection with such Services; and (b) the insurance coverage shall be primary insurance as respects the City, Its directors. officials. officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of ooverage excess of the 4 Consultant's scheduled underlying coverage. CommertHal General Liability insurance coverage may be provided in the form of an endorsement to the Company’s insurance (at lease as broad as ISO Form CG 20 10 11 85 or tx)th CG 20 10, CG 20 26. CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions are used).
(ii) Waiver of Subroqation. Company hereby grants to City a waIver of any right to submgation which any insurer of said Company may aaluke against the City by virtue of the payment of any loss under said insurane polides set forth herein. Company agrees to obtain any endorsement that may be ne@ssary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has remived a waiver of subrr)gabon endorsement from the insurer.
9. Miscellaneous.
A. Governing Law,' Venue. Ttlis Agreement shall be governed by the laws of the State of California without regard to California's conflicts of law rules. The Parti% agrw that the exclusive venue for any dispute arising hereunder shall be the federal or state located in the County of Los Angeles, California and the parties waIve any objection to personal jurisdiction or venue in any forum located in that county.
B. Assignabiltty. This Agreement may not be assigned by Customer, including by operation of law, without the prior written consent of Company. The rights and liabilities of the parties hereto shall bind and inure to the benefit of their respect?ve sumssors, exewtors and administrators.
C. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior and oonternporaneous written and oral agreements between the Parties nganling the subjwi matter of this Agreement. Any waiver, mcxitfimtion, or amendment of any provision of this Agreement shall be effective only if in writing and signed by the Parties hereto
D. Publicity. Sutject to consent by the respective party, one party may issue pr%s releases or otherwise publicly reference the other in advertising and marketing (such as Internet, TV, radio and print) including the use of quotations from key staff, pictures, and videos IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. Ttre authorized representatives of the parties have signed this Agreement as of the Effective Date. Ttris Agreement may be executed simultaneously in two or more oounterparts, or by faaimile. each one of which shall be deemed an original, and all of which shall constitute one and the same instrument.
5 Tablet Command, Inc.
11111 Ave.
Downey, CA 90241
Tablet Command, Inc
822 Hartz Way, Suite 235
Danville, CA 91526
ArrEST:
Maria Alicia Duane, CMC
City Clerk
APPROVED TO FORM:
In M. Funk
City Attorney
® Tablet Command
Quote
Downey Fire Department
Downey Fire Department
1]T11 Brookshi re Avenue
Downey, CA 90241
USA
Tablet Command, Inc.
822 Hartz Way
Suite 235
Danville, CA 94526
United States
Daniel Rasmussen
Battalion Chief
daniel.rasmussen©downeyflre.org
626-644-6798
Sales Person:
Thom Woodward
thom(gta bletcommand.com
877-998-2639
Quote created: March 5, 2024
Qtlot3 expires: lune 30, 2024
Total $69,899.00
Products & Services
DBCRiPnON UNrr PRICE DISCOUln AMOUHr
CAD Integration
Install/Configure (2-Way)
Attachment “B”
$6,000.00 $6,000.00
Staffing Integration Cloud
Install/Configure
$2.333.00 $6,999.00
TC Customer Onboarding
and Account Configuration
$4,000.00 $4,000.00
User TraIning - On Site (per
Day)
3 $2,500.00 $7,500.00
CAD Interface License p-
Way)
58.000.oo
/ year
$8,000.OO / year
for 3 years
DFscRiPrioN QUANrrrY UNrr PRICE DiscouFfr AMOUMr
Enterprise Pro ' STATUS +
AVL Agency License
Tablet Command $2,750.00
/ yea r
$2.750.OO / year
for 3 years
Pro License (Tablet)35 $500.00
/ year
$17.SOO.OO / War
for 3 years
Manage $50.00
/ year
$1,050.OO / year
for 3 years
User Status to CAD 31 $200.00
/ year
$6,200.OO / year
tor 3 years
Location to CAD 11 SI 50.oo
/ year
$4.650.CX) / year
for 3 years
TC Mobile users 1-SO 3 $750.00
/ year
$2,250.OO / year
for 3 years
Staffing to TC lllterface
License
3 $ 1.000.00
/ year
$3.000.OO / year
for 3 years
SUMMARY
Annual su btota $45.400.00
One-time subtota $24,499.OO
Total
Net 3D Days
InitIal ServIce Term of three (3) years for quoted quantities and types of wrvices and software IIcense subScriptIons Annual installmenr payments WIll be due at the commencement of the ServIce Term and at Service Term annIversary date
Purchase terms
IE Tablet Command
Quote
Downey Fire Department
Downey Fire Department
11117 Brookshire Avenue
Downey. CA 90241
USA
Tablet Command, Inc
822 Hartz Way
Suite 235
Danville, CA 94526
United States
DanIel Rasmussen
Battalion Chief
[email protected]
62 G6466798
Sales Person:
Thom Woodward
[email protected]
877-998-2639
Quote created: March 5. 2024
Quote expires: June 3D. 2024
Total $69,899DO
Products & Services
QLWfrnY
l
UNrr PgBCE DBCOUNr
CAD Integration
Install/Configure (2-Way)
$6.000.00 $6.000.00
Staffing Integration Cloud
Install/Configure
3 1
3 1
$2,333.00 $6.999.00
TC Customer Onboarding
and Account Cnnfiguration
$4.000.00 $4.000.00
User Training . On Site (per
Day)
$2500.00 $7.500.00
CAD Interface License (2.
Way)
$8,000.00
/ yea r
$8.CXX).CD / year
for 3 years
DESeRIPrION UNrr PRICE AMOUvr
Tablet Command
Enterprise Pro ' STATUS +
AVL Agency License
$2,750.00
/ year
$2,750.OO / year
for 3 years
Pro License (Tablet)35
21 $500.00
/ year
97.SOO.OO / year
for 3 years
Manage $50.00
/ year
SI.DSO.OO / year
for 3 years
User Status to CAD 31
11 $200.00
/year
$6,200 OO / year
for 3 years
Location to CAD $150.00
/ year
$4.6SO.OO / year
for 3 years
TC Mobile users 1-50 3
3 $750.00
/ year
$2,2SO.OO / year
for 3 years
Staffing to TC Interface
LIcense
$1.000.00
/ year
$3,000.OO / year
for 3 years
SUMMARY
Annual subtotal $45,400.00
One-time subtota I $24,499.00
Comments
Initial ServIce Term of three (3) years for quoted quantIties and types of services and software license subscripOon£ Annual installment payments will be due at the commencement of the Service Term and at ServIce Term annIversary date
Purchase terms