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HomeMy WebLinkAbout2008-252 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2008-252 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUlHORIZING THE EXECUTION OF AN AGREEMENT AND THE A WARD OF A PURCHASE ORDER FOR MAINTENANCE SERVICES TO TIBURON INC. OF PLEASANTON, CALIFORNIA. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That Tiburon Inc. is a sole source for software maintenance of the City's Public Safety Computer-Aided-Dispatch System (CAD), Police Records Management System (PRMS), Jail Management System (CMS), Mugshot System (TIPS), Field Base Reporting System (FBRiARS), Automatic Vehicle Locator System (A VL), and Mobile Data System. SECTION 2. That the City Manager is authorized and directed to execute a Vendor Service Agreement in the total amount of $170,124.00, a copy of which is attached hereto as Exhibit "A". SECTION 3. That the Mayor and Common Council authorize the Director of Finance or his/her designee to issue a purchase order for $170,124.00 to Tiburon Inc. for these maintenance services. The Purchase Order shall reference the number of this resolution and shall incorporate the terms and conditions of the existing maintenance contact, which is on file in the City Clerk's Office. The Purchase Order shall read, in addition to the itemization, "Tiburon Inc. FY 2008/2009 Annual Maintenance Contract for the City of San Bernardino's Public Safety CAD, RMS, CMS,. TIPS, FBR, ARS, A VL, and Mobile Data System. Not to exceed $170,124.00." SECTION 4. This purchase is exempt from the formal contract provisions of San Bernardino Municipal Code Section 3.04.010(BX3), "Purchases approved by the Mayor and Common Council." III III III 2008-252 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 The foregoing resolution is hereby approved this /7 nJ. day of June RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE AWARD OF A PURCHASE ORDER FOR MAINTENANCE SERVICES TO TIBURON INC. OF PLEASANTON, CALIFORNIA. SECTION 5. The above authorization is rescinded if it is not executed within ninety (90) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and joint Common Council of the City of San Bernardino at a regular meeting thereof, held on the -1L day of June , 2008, by the following vote, to wit: Council Members Abstain Absent ESTRADA Aves Navs -1L- X X X X - X X BAXTER BRINKER DERRY KELLEY JOHNSON McCAMMACK ~~,~ Rae el G. Clark, CIty Clerk ,2008. 24 25 26 27 28 Approved as to form: 2008-252 VENDOR SERVICE AGREEMENT This Veador Service Agreemeat Is eatered Iato tbls 1st day or July 2008, by aad betweea TIbaroa Incorporated, or Pleasaatoa, CaIIf'orala ("VENDOR") aad tile City or Saa BeraardJao ("CITY" or "Saa Beraardiao"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for annual maintenance of the Police Department's Tiburon Systems as outlined in Tiburon Inc. 's maintenance quote (dated May 20,2008) included with this agreement as Exhibit "A"; and WHEREAS, the City of San Bernardino did solicit and accept quotes from Tiburon Inc. because of their sole source status as the exclusive provider of software for Tiburon's system software suites NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENOOR to provide those services as set forth on Exhibit "A" attached hereto and incorporated herein. 2. COMPENSATION AND EXPENSES. . a. For the services delineated above, the CITY, upon presentation of invoices, shall pay the VENDOR up to the amount 0($170,120.00 for the services set forth in Exhibit "A". b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this Agreement shall be for a period of one year. This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. I -_._._._~- 2008-252 The duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. Tiburon agrees to and shall indemnify, defend and hold the City, it's elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, due to the misconduct, negligence, or omission ofTiburon, it's employees, agents, or subcontractors, relating to or in any way connected with Tiburon's performance under this Agreement. In no event shall Tiburon be liable for special incidental, punitive or consequential damages. Tiburon's total liability for any claim, whether in tort, contract or otherwise, shall be limited to the total amount to be paid Tiburon under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of ahy change or tennination in the policy. 6. NO~D~RBONATION In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental 'or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of the California Government Code. 2 2008-252 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: TO THE VENDOR: Mr. Michael Eckley City of San Bernardino 300 North D Street 411I F1oor- IT Dept San Bernardino, CA. 92418 Telephone: (909) 384-5947 10. ATTORNEY'S FEES Ms. Trish Layne Tiburon, Inc. 6200 Stoneridge Mall Road, Ste 400 Pleasanton, CA. 94588 Telephone: (925) 621-2700 In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the 3 2008-252 exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be hied and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. Dishict Court for the Central Dishict of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. . 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its 4 2008-252 provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. VENDOR: CITY OF SAN BERNARDINO: Dated: q -II - CO , 2008 Dated: ,2008 By.':114iM:. ~~ Its: .1:.P P, NAN C-f.- By: . Approved as to Form: lames . Penman, City Attorney 5 2008-252 TIBUR"N Tblron, Inc. t11"~' ';):,; l"' ,.It I ~: I: ""',,;: ';,,',--: . F....... .:..:....i.;.~ !J... I ....t"/I Fh;,' t :/'(';,."-" May 20, 2008 ~''-' . ..,. ," Mr. Michael Eckley Public Safety Systems Manager City of Sill BcmIrdino 300 North "D" Street "B" Building San Bernardino. CA 92418 Subject: Three Year Maintenance auote for the 2008 thmm.h 20 II Mainll!nlmce Period Reference: A_t for I':1<1PndM Services between the City of San Bernardino and Tiburon. Inc.. II.....! Julv 1. 1995 Dear Mr. Eckley: Tiburon, loc. is plased to present the City of San Bernardino with this Multi-Year Maintenance quote for the period of2008 through 20 II. The projected base maintenance fees for the three (3) year contract beginning July I. 2008 and ending June 30. 2011 are: Annual Maintenance Fees 2008-2011: S510.36O The table below is a breakdown of the software model and maintenance fee associated with the following applications. Software Model CPU Make ~ End T otaI F Months CAD 36 7/1108 6130111 $ 164,032.00 , CMS 38 711108 6I3Of11 $ 30,054.00 PRMS 38 7/1108 6I3Of11 $ 99,818.00 FAS 38 7/1108 6I3Of11 $ 57,533.00 911 Mapping 36 711108 6I3Of11 $ 56,068.00 Oracle 38 711108 6I3Of11 $ 52.837.00 AVl 36 7/1108 6I3Of11 $ 15,955.00 FBR 36 7/1108 6I3Of11 $ 30.850.00 SunPro 1nterf8ce 38 7/1108 6I3Of11 $ 3....25.00 TobIl $ 110,HO.oo -- A C.". . D,r~1 (...p:... 2008-252 Mr. Micbael Eckley Public Safety Systems Mmlager Three Year Maintenanc:e quote for the 20081hrough 2011 Mainteoanc:e Period May 20, 2008 Page 2 of2 The maiutenanc:e fee ofSS 1 0,360 is broken down to . flat rate ofs 170,120 per year 1hat will be renewable with. PO provided by the City of San Bemardino. Please keep in mind that any eubanc:ement pun:base may inaease the annual ""'~ fee due. In the event of an incnllc in annuallllllinteoanc:e fees II . result of an -"--t ~ we will specify the amount of the increIse in our eubanc:ement proposal. A.......diujly, when ~ for the upc:omiJIg year's maintenanc:e, we =ommcnd that you budget higher than the ~mllfNllllllOUlltl provided. If you have any questions or require fiutber infonnatjon, please c:ontact me at 92~ at your convenience. . Sincerely. ~/)J~ Jeonine Weber Ac:count Manager , , ~ '~~ ~ ".~.. ',.