HomeMy WebLinkAbout2009-189
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RESOLUTION NO. 2009-189
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING 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 (FBR/ARS), 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 2009/2010 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 $170,124.00."
SECTION 4. This purchase is exempt from the formal contract provisions of San
Bernardino Municipal Code Section 3.04.01O(B)(3), "Purchases approved by the Mayor and
Common Council."
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2009-189
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND THE
A WARD OF A PURCHASE ORDER FOR MAINTENANCE SERVICES TO TIBURON
INC. OF PLEASANTON, CALIFORNIA.
SECTION 5. The above authorization is rescinded if it is not executed within ninety
(90) days of the passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
joint
Common Council of the City of San Bernardino at a regular meeting thereof, held on
the 6th day of July, 2009, by the following vote, to wit:
Abstain
Absent
Council Members
ESTRADA
Ayes Navs
x
x
x
x
x
x
x
BAXTER
BRINKER
SHORETT
KELLEY
JOHNSON
McCAMMACK
~(c~-p /;y. ~
Ra hel G. Clark, City Clerk
The foregoing resolution is hereby approved this 1 t:;..$day of
Jul"
, 2009.
~
1. Mom,
f San Bernardino
App' ved as to form:
</~
This Vendor Service Agreement is entered into this 1st day of July 2009, by and
3 between Tiburon Incorporated, of Pleasanton, California ("VENDOR") and the City of
4 San Bernardino ("CITY" or "San Bernardino").
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2009-189
EXHIBIT "A"
VENDOR SERVICE AGREEMENT
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:
SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR 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 of$170,124.00 for the services set
forth in Exhibit "A".
No other expenditures made by VENDOR shall be reimbursed by CITY.
b.
TERM; TERMINATION.
The term of this Agreement shall be for a period of two years.
This Agreement may be terminated at any time by thirty (30) days' written notice by
CSB-Tiburon Inc. 2009/2010 Annual Maintenance - 1
2009-189
either party. The terms of this Agreement shall remain in force unless mutually amended.
The duration of this Agreement may be extended with the written consent of both parties.
INDEMNITY.
Tiburon agrees to protect, defend, indemnify, and save the Client, its agents,
officials, employees, or any firm, company, organization, or individual to whom the Client
may be contracted, harmless from and against any and all claims, demands, actions, and
causes of action of which Tiburon is given prompt notification and over which Tiburon is
given control to resolve (the "Indemnified Matters"), which may arise on account of illness,
disease, loss of property, services, wages, death or personal injuries resulting from Tiburon's
negligence in the performance of the services hereunder; provided, however, that in no event
shall Tiburon be liable for any loss or damages related to the operation, delay or failure of
software or equipment provided by Tiburon or for the accuracy or completeness of data, and
under no circumstances shall Tiburon be liable for special, incidental or consequential
damages.
In no event shall either party by liable for any damages resulting from loss of profit
5. INSURANCE.
CSB- Tiburon Inc. 2009/2010 Annual Maintenance - 2
2009-189
While not restricting or limiting the foregoing, during the term of this Agreement,
1 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
2 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
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worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
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additional named insured in each policy of insurance provided hereunder. The Certificate of
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7 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
8 termination in the policy.
9 6.
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11 employees, VENDOR shall not engage in, nor permit its officers, employees or agents to
12 engage in, discrimination in employment of persons because of their race, religion, color,
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national origin, ancestry, age, mental or physical disability, medical condition, marital status,
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17 7.
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19 and purposes VENDOR shall be an independent contractor and not an agent or employee of
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
NON-DISCRIMINATION
In the performance of this Agreement and in the hiring and recruitment of
sexual gender or sexual orientation, or any other status protected by law, except as permitted
pursuant to Section 12940 of the California Government Code.
INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents
20 the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment
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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,
CSB-Tiburon Inc. 2009/2010 Annual Maintenance - 3
2009-189
permits, qualifications, insurance and approval of whatever nature that are legally required of
VENDOR to practice its business or profession.
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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:
Mr. Michael Eckley
City of San Bernardino
300 North D Street
4th Floor - IT Dept
San Bernardino, CA. 92418
Telephone: (909) 384-5947
TO THE VENDOR:
Mr. Mike Perez
Tiburon, Inc.
6200 Stoneridge Mall Road, Ste 400
Pleasanton, CA. 94588
Telephone: (925) 621-2700
ATTORNEY'S FEES
2009-189
11. ASSIGNMENT.
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and shall constitute a breach of this Agreement and cause for the termination of this
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6 Agreement. Regardless of CITY's consent, no subletting or assignment shall release
7 VENDOR of VENDOR's obligation to perform all other obligations to be performed by
8 VENDOR hereunder for the term of this Agreement.
9 12. VENUE.
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18 14.
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20 Agreement and their respective heirs, representatives, successors, and assigns.
21 15. HEADINGS.
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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
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of
California, Riverside Division. The aforementioned choice of venue is intended by the
parties to be mandatory and not permissive in nature.
GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
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
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
CSB- Tiburon Inc. 2009/2010 Annual Maintenance - 5
1 full force and effect.
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parties, and supersedes any prior agreements and understandings relating to the subject
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6 manner of this Agreement. This Agreement may be modified or amended only by a written
7 instrument executed by all parties to this Agreement.
8 IN WITNESS THEREOF, the parties hereto have executed this Agreement on
9 the day and date set forth below.
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2009-189
in any other circumstance, and the remaining provisions of this Agreement shall remain in
ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
VENDOR:
Dated: 1, - '1
,2009
By:
~
Its:
vP t~uch oj '"PYtXM/~
I
By:
(Mr. Charles E. Mc eely, City Manager)
Dated:
,2009
Approved as to Form:
James F. Penman, City Attorney
By:
SB- Tiburon Inc. 2009/2010 Annual Maintenance - 6
2009-189
'TIBURftN"
Tiburon, lnt-
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May 20, 2008
":.",',o'-,,_I,;',.,;f'_."";'(
Mr. Michael Eckley
Public Safety Systems Manager
City of San Bernardino
300 North "0" Street "B" Building
San Bernardino, CA 92418
Subject: Three Year Maintenance Quote for the 2008 throul!h 2011 Maintenance Period
Reference: A=ement for Extended Services between the City of San Bernardino and Tiburon. Inc..
dated Ju1v 1. 1995
Dear Mr. Eckley:
Tiburon, Inc. is pleased to present the City of San Bernardino with this Multi-Year Maintenance quote for
the period of 2008 through 2011.
The projected base maintenance fees for the three (3) year contract beginning July 1,2008 and ending
June 30, 2011 are:
Annual Maintenance Fees 2008-2011 :
$510,360
The table below is a breakdown of the software model and maintenance fee associated with the following
applications.
Software Model CPU Make Start End Total Fees
Months
CAD 36 7/1/08 6/30/11 $ 164,032.00
CMS 36 7/1/08 6/30/11 $ 30,D54.00
PRMS 36 7/1/08 6/30/11 $ 99,818,00
FAS 36 7/1/08 6/30/11 $ 57,533.00
911 Mapping 36 7/1/08 6/30/11 $ 56,056,00
Oracle 36 7/1/08 6/30/11 $ 52,837.00
AVL 36 7/1/08 6/30/11 $ 15,955.00
FBR 36 7/1/08 6/30/11 $ 30,650.00
SunPro Interface 36 7/1/08 6/30/11 $ 3,425.00
Total $ 510,360.00
t:.. (" D C :.1; :.,',1"
EY HIE II ''/1 /I
2009-189
Mr. Michael Eckley
Public Safety Systems Manager
Three Year Maintenance quote for the 2008 through 2011 Maintenance Period
May 20, 2008
Page 2 of2
The maintenance fee of$510,360 is broken down to a flat rate of$170,120 per year that will be
renewable witb a PO provided by the City of San Bemardino,
Please keep in mind that any enhancement purchase may increase the annual maintenance fee due. In the
event of an increase in annual maintenance fees as a result of an enhancement purchase, we will specify
the amount of the increase in our enhancement proposal. Accordingly, when budgeting for the upcoming
year's maintenance, we recommend that you budget higher than the estimated amounts provided.
If you have any questions or require further information, please contact me at 925-699-0946, at your
convenience.
Sincerely,
~1J~
Jennine Weber
Account Manager