HomeMy WebLinkAbout16-Information Technology Department CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: LEA DEESING, Subject: RESOLUTION OF THE
IT DIRECTOR MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
Dept: INFORMATION AUTHORIZING THE EXECUTION OF
TECHNOLOGY DEPARTMENT AMENDMENT NO. 1 TO THE
AGREEMENT WITH TIBURON INC.
Date: JUNE 6,2011 OF PLEASANTON, CALIFORNIA,
APPROVED BY RESOLiaIW�I�
2009-189. UK L
M/CC Meeting Date: July 5, 2011
Synopsis of Previous Council Action:
July 6, 2010 — Resolution #2010-230 - Approved the renewal of a three year maintenance
contract for maintenance services on the Computer-Aided-Dispatch system (CAD), Police
Records Management System (PRMS) and Mobile Data Software used by the Police and Fire
Departments from Tiburon, Inc., of Pleasanton, California(year 3 of 3).
Recommended Motion: Adopt resolution. Asa:Q. OD
Lea Deesing,Direct r f Information Technology
Contact person: Jason Suarez Phone: 384-5947
Supporting data attached: Staff Report Ward: ALL.
FUNDING REQUIREMENTS: Amount: $82,487.00
Source: (Acct. No.) 679-250-5172-0000-0062
(_Acct. Description) Maintenance Contracts
o�D�� "`o?Fin nce:
Council Notes: so
Agenda Item No.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
award of a purchase order for maintenance services to Tiburon Inc. of Pleasanton, California.
BACKGROUND:
The City of San Bernardino owns a Tiburon-based public safety computer system which is
primarily comprised of a Computer-Aided-Dispatch (CAD) system and a Police Records
Management System (PRMS). The City of San Bernardino and Tiburon entered into a Master
Support Agreement for software and support in June, 2006. In addition, Tiburon is a sole source
provider for the maintenance of their PRMS and CAD systems. In July 2010, Resolution# 2010-
230 approved the third year of the three year maintenance period.
On January 24, 2011, resolution 2011-18 was approved by the Mayor and Common Council.
This resolution requested the purchase of several technology upgrades. One of the technology
upgrades was the replacement of the Tiburon Police/Fire Dispatch System with the New World
Police/Fire Dispatch System.
The City is scheduled to begin using the New World system in December, 2011. Maintenance
for the Tiburon system will need to be continued until the transition to the New World system is
complete. Tiburon has provided a six month quote for continued maintenance services through
December 31, 2011.
FINANCIAL IMPACT:
Funds for this annual purchase order of $82,487.00 are appropriated in the Information
Technology Department, FY 2011-12 budget account for maintenance contracts (account no.
679-250-5172-0000-0062). There is no impact on the General Fund.
Account: 679-250-5172-0000-0062 Budgeted Amount: $595,573
Balance as of 7/1/2011: $595,573 Balance after approval of this item: $513,086
Please note this balance does not indicate available funding. It does not include
non-encumbered reoccurring expenses or expenses incurred but not yet
processed
RECOMMENDATION:
Adopt resolution.
City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
To: Charles McNeely, City Manager
From: Jason Suarez, Public Safety Senior IT Analyst
Subject: Purchase pursuant to Municipal Code Section 3.04. 010 (B) (3)
Date: June 6, 2011
Copies: Lea Deesing, Director of Information Technology
The City of San Bernardino owns Tiburon-based public safety computer
systems which are primarily comprised of a Computer-Aided-Dispatch
(CAD) System and a Police Records Management System (PRMS) . These
systems main function is to facilitate incident management and data
collection for Police Department activity.
In accordance with Department Director Letter (DDL) 82, the following
information is presented as justification for permission to proceed
with a DIMS system upgrade pursuant to SBMC Section 3.04 .010 (B) (3) :
1. Vendor
Tiburon, Inc. is the exclusive manufacturer of the PRMS and CAD
System currently owned by the San Bernardino Police Department.
There are no other licensed resellers for this product.
2. Number of Quotes
No other quotes were obtained because Tiburon, Inc. is the exclusive
manufacturer of the PRMS and CAD system that the City owns.
3. Bid Process
The formal bid process was not used due to the proprietary nature of
the Tiburon System discussed in item 2 above.
It is requested that this upgrade purchase package be purchased
pursuant to San Bernardino Municipal Code Section 3.04.010 (B) (3) .Appro d by:
Charl
McNeely, ity Janager
1 RESOLUTION NO.
C (OF�
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO THE
3 AGREEMENT WITH TIBURON INC. OF PLEASANTON, CALIFORNIA, APPROVED BY
4 RESOLUTION No. 2009-189.
5
WHEREAS, the City of San Bernardino entered into an Agreement with Tiburon, Inc., for
6
software maintenance of the City's Public Safety Computer-Aided-Dispatch System (CAD), Police
7
Records Management System (PRMS), Jail Management System (CMS), Mugshot System (TIPS),
8
9 Field Base Reporting System (FBR/ARS), Automatic Vehicle Locator System (AVL), and Mobile Data
10 System (the "Agreement"); and,
11 WHEREAS, the Agreement was approved by Resolution No. 2009-189; and,
12 WHEREAS, Tiburon, Inc., is the sole source for such service; and,
13 WHEREAS, the Agreement expired on June 1, 2011; and
4 WHEREAS, the parties wish to extend the Agreement to December 31, 2012.
15 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
16 SAN BERNARDINO AS FOLLOWS:
17 SECTION 1. Pursuant to this determination, the City Manager of San Bernardino is hereby
18 authorized and directed to execute Amendment No. I to the Vendor Service Agreement with Tiburon,
19
Inc., amending specified terms and conditions. A copy of said Amendment No. 1 is attached hereto as
20
Exhibit"1" and incorporated herein by this reference.
21
22 SECTION 2. That the implementation date of this Agreement is July 1, 2011; therefore, any
23 action taken between July 1, 2011 and the date that this resolution is adopted is hereby ratified.
24 SECTION 3. The Director of Finance or her designee is hereby authorized to issue a purchase
25 order for$82,487.00 to Tiburon Inc., for these maintenance services. The Purchase Order shall
')6 reference the number of this resolution and shall incorporate the terms and conditions of the existing
27 maintenance contract, which is on file in the City Clerk's Office. The Purchase Order shall read, in
28 addition to the itemization, "Tiburon Inc. FY 2011/2012 Annual Maintenance Contract for the City of
C
I
I San Bernardino's Public Safety CAD, RMS, CMS, TIPS, FBR, ARS, AVL, and Mobile Data System.
2 Not to exceed $82,487.00."
3 SECTION 4. This purchase is exempt from the formal contract provisions of San Bernardino
4 Municipal Code Section 3.04.010(B)(3), "Purchases approved by the Mayor and Common Council."
5
SECTION 5. The above authorization is rescinded if it is not executed within ninety (90) days
6
of the passage of this resolution.
7
8
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10
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16
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28 HI
2
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO THE
2 AGREEMENT WITH TIBURON INC. OF PLEASANTON, CALIFORNIA, APPROVED BY
RESOLUTION No. 2009-189.
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5
Common Council of the City of San Bernardino at a meeting thereof, held on the
6
day of , 2011, by the following vote, to wit:
7
8
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
9
10 MARQUEZ
11 VACANT
12
BRINKER
13
SHORETT
'4
15 KELLEY
JOHNSON
16
17 MCCAMMACK
18
Rachel G. Clark, City Clerk
19 City of San Bernardino
20
21 The foregoing Resolution is hereby approved this day of , 2011.
22
23 Patrick J. Morris, Mayor
City of San Bernardino
24
Approved as to form:
25
JAMES F. PENMAN, City Attorney
27 By
28
3
EXHIBIT 1
AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO
AND TIBURON, INC.
This Amendment No. 1 to Vendor Services Agreement is made and entered into this_
day of , 2011, by and between Tiburon, Inc., hereinafter referred to as the
"Vendor" with its principal place of business Pleasanton, California, and the City of San
Bernardino, hereinafter referred to as the "City" having a business address at 300 North `D'
Street, San Bernardino, California 92401.
WHEREAS, the City and Vendor previously entered into an Agreement to provide
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
(AVL), and Mobile Data System (the "Agreement")No. 2008-11, a copy of which is attached
hereto and incorporated herein as Exhibit A; and,
WHEREAS, the Agreement was approved on July 7, 2011, by Resolution No. 2009-189;
and,
WHEREAS, the parties wish to extend the term of the Agreement six months, to
December 31, 2011.
NOW, THEREFORE, the parties agree to amend Paragraphs 2, 3 and 9 of the
Agreement to add the following language:
2 . COMPENSATION AND EXPENSES
a. For the extension of services the City upon presentation of invoices shall pay the
Vendor the amount of$82,487.00 for the additional services set forth in Exhibit B,
attached hereto and incorporated herein.
b. No other expenditures made by VENDOR shall be reimbursed by CITY
3. TERM; TERMINATION
The term of this Agreement shall be extended six months to December 31, 2011.
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. The
duration of this Agreement may be extended with the written consent of both parties.
AMENDMENT NO.1 TO AGREEMENT
TIBURON,INC.&CITY OF SAN BERNARDINO Page 1
EXHIBIT 1
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. Jason Suarez Ms. Mike Perez
City of San Bernardino Tiburon, Inc.
300 North D Street 6200 Stoneridge Mall Road, Ste 400
4t"Floor—IT Dept Pleasanton, CA. 94588
San Bernardino, CA. 92418 Telephone: (925) 621-2700
Telephone: (909) 384-5947
All other terms and conditions will remain the same.
IN WITNESS THEREOF, the parties have executed this Agreement as set forth below.
TIBURON, INC.: CITY OF SAN BERNARDINO:
Dated: 12011 Dated: , 2011
By: By:
Charles E. McNeely
Its: City Manager
Approved as to Form:
James F. Penman, City Attorney
By:
AMENDMENT NO.1 TO AGREEMENT
TIBURON,INC.&CITY OF SAN BERNARDINO Page 2
2009-189
EXHIBIT"A"
1 VENDOR SERVICE AGREEMENT
2 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").
5 WITNESSETH:
6 WHEREAS,the Mayor and Common Council has determined that it is advantageous
7 and in the best interest of the CITY to contract for annual maintenance of the Police
8
Department's Tiburon Systems as outlined in Tiburon Inc.'s maintenance quote (dated May
9
10 20, 2008)included with this agreement as Exhibit"A"; and
11 WHEREAS, the City of San Bernardino did solicit and accept quotes from Tiburon
12 Inc. because of their sole source status as the exclusive provider of software for Tiburon's
13 system software suites
14 NOW,THEREFORE,the parties hereto agree as follows:
15 1. SCOPE OF SERVICES.
16 For the remuneration stipulated, San Bernardino hereby engages the services of
17
VENDOR to provide those services as set forth on Exhibit "A" attached hereto and
18
incorporated herein.
19
20 2. COMPENSATION AND EXPENSES.
21 a. For the services delineated above, the CITY, upon presentation of invoices,
22 shall pay the VENDOR up to the amount of$170,124.00 for the services set
23 forth in Exhibit"A'.
24 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
25
26 3. TERM;TERMINATION.
27 The term of this Agreement shall be for period of two ears.
gi' P Y
28
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.
1 The duration of this Agreement may be extended with the written consent of both parties.
2 4. INDEMNITY.
3 Tiburon agrees to protect, defend, indemnify, and save the Client, its agents,
4
officials, employees, or any firm, company, organization, or individual to whom the Client
5
may be contracted, harmless from and against any and all claims, demands, actions, and
6
7 causes of action of which Tiburon is given prompt notification and over which Tiburon is
8 given control to resolve (the"Indemnified Matters"), which may arise on account of illness,
9 disease, loss of property, services, wages,death or personal injuries resulting from Tiburon's
10 negligence in the performance of the services hereunder,provided, however, that in no event
11 shall Tiburon be liable for any loss or damages related to the operation, delay or failure of
12 software or equipment provided by Tiburon or for the accuracy or completeness of data, and
13 under no circumstances shall Tiburon be liable for special, incidental or consequential
14 damages.
15
In no event shall either party by liable for any damages resulting from loss of profit
16
17 or business, or for any special, indirect, punitive, incidental or consequential damages,
18 whether arising in an action of contract, tort or other legal theory and regardless of whether
19 such party knew or should have known of the possibility of such damages. The laws in some
20 states do not allow the exclusion or limitation of incidental or consequential damages and the
21 above limitation or exclusion shall be construed so as to give it the maximum practical effect
22 without violating such laws. If a court of competent jurisdiction determines that relevant
23 laws in force may imply warranties and liabilities which cannot be excluded or limited or
24 which can only partly be excluded or limited,then the limits on Tiburon's liability set out in
25
this Agreement shall apply to the fullest extent permitted by law. Tiburon's liability for any
26
27 claim, whether in tort, contract or otherwise, shall be limited to the total amount to be paid
28 Tiburon under this Agreement.
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
3 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
4
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
5
6 additional named insured in each policy of insurance provided hereunder. The Certificate of
7 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
g termination in the policy.
9 6. NON-DISCRIMINATION
10 In the performance of this Agreement and in the hiring and recruitment of
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,
13 national origin,ancestry,try, age,mental or physical disability, medical condition,marital status,
14
sexual gender or sexual orientation, or any other status protected by law, except as permitted
15
pursuant to Section 12940 of the California Government Code.
16
17 7. INDEPENDENT CONTRACTOR.
18 VENDOR shall perform work tasks provided by this Agreement, but for all intents
19 and purposes VENDOR shall be an independent contractor and not an agent or employee of
20 the CITY. VENDOR shall secure,at its expense,and be responsible for any and all payment
21 of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
22 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
23 employees,and all business license,if any are required,in connection with the services to be
24
performed hereunder.
25
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER
26
27 REQUIREMENTS.
28 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
1 VENDOR to practice its business or profession.
2 9. NOTICES.
3 Any notices to be given pursuant to this Agreement shall be deposited with the
4
United States Postal Service,postage prepaid and addressed as follows:
5
TO THE CITY:
6
7 Mr. Michael Eckley
8 City of San Bernardino
9 300 North D Street
10 4a'Floor-IT Dept
11 San Bernardino,CA. 92418
12 Telephone: (909)384-5947
13
14
TO THE VENDOR:
15
Mr. Mike Perez
16
17 Tiburon,Inc.
18 6200 Stoneridge Mall Road, Ste 400
19 Pleasanton,CA.94588
20 Telephone: (925)621-2700
21 10. ATTORNEY'S FEES
22 In the event that litigation is brought by any party in connection with this Agreement,
23 the prevailing party shall be entitled to recover from the opposing party all costs and
24 expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
25
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
26
27 conditions or provisions hereof. The costs, salary and expenses of the City Attorney and
28 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.
CSB-Tiburon Inc. 2009/2010 Annual Maintenance-4
2009-189
11. ASSIGNMENT.
1 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
2 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
3
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
4
and shall constitute a breach of this Agreement and cause for the termination of this
5
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.
10 The parties hereto agree that all actions or proceedings arising in connection with this
11 Agreement shall be tried and litigated either in the State courts located in the County of San
12 Bernardino, State of California or the U.S. District Court for the Central District of
13
California, Riverside Division. The aforementioned choice of venue is intended by the
14
parties to be mandatory and not permissive in nature.
15
16 13. GOVERNING LAW.
17 This Agreement shall be governed by the laws of the State of California.
18 14. SUCCESSORS AND ASSIGNS.
19 This Agreement shall be binding on and inure to the benefit of the parties to this
20 Agreement and their respective heirs,representatives, successors, and assigns.
21 15. HEADINGS.
22 The subject headings of the sections of this Agreement are included for the purposes
23 of convenience only and shall not affect the construction or the interpretation of any of its
24
provisions.
25
26 16. SEVERABILITY.
27 If any provision of this Agreement is determined by a court of competent jurisdiction
28 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
Y
2009-189
in any other circumstance, and the remaining provisions of this Agreement shall remain in
1 full force and effect.
2 17. ENTIRE AGREEMENT;MODIFICATION.
3
This Agreement constitutes the entire agreement and the understanding between the
4
5 parties, and supersedes any prior agreements and understandings relating to the subject
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.
g IN WITNESS THEREOF, the parties hereto have executed this Agreement on
9 the day and date set forth below.
10 VENDOR:
11 Dated: 6- h , 2009
12
13
By:
14
15 ,/ p
16 Its: {/ P 61Areh
17 CITY OF S BERNARDINO:
18 Dated: ,2009
19
20
By:
21
22 (Mr. Charles E.Mc eely,City Manager)
23
24 Dated: 52009
25 Approved as to Form:
26 James F. Penman, City Attorney
27
28
By:
SB-Tiburon Inc. 2009/2010 Annual Maintenance- 6
W
EXHIBIT B
T' BUR ^ N " INVOICE PAGE: 1
INVOICE#: IN 00003673
6200 STONERIDGE MALL RD, INVOICE DATE: 07/01/11
SUITE 400 DUE DATE: UPON RECEIPT
PLEASANTON,CA 94588 CURRENCY: USo
(925) 621-2700
BILL TO:
SAN BERNARDINO, CITY OF
Mike Eckley
300 North D Street
SAN BERNARDINO CA 92418
United States of America
Software Support & Maintenance: 07/01/11 - 12/31/11 6 Mo.
Contract: M13011 San Bernardino City, Mnt-11 6m
Customer PO#
------------Description----------- Quantity Rate Amount
CAD - 6 mo 0.00 0.0000 30,774.00
PRMS - 6 mo 0.00 0.0000 18, 072.00
FAS - 6 mo 0.00 0.0000 10,417.00
911 Mapping - 6 mo 0.00 0.0000 10, 149.00
Oracle - 6 mo 0.00 0.0000 9,566.00
AVL - 6 mo 0.00 0.0000 2,889.00
SunPro IF - 6 mo 0.00 0.0000 620.00
------------------------------------------------
Total 0.00 82,487.00
Final Total 0.00 82,487 00
Remit Payment To:
Tiburon, Inc.
6200 Stoneridge Mall Road.
Suite 400
EXHIBIT B
EXHIBIT 2
To
Master Support Agreement
COVERED APPLICATIONS
This Exhibit is attached to, incorporated into and forms part of the Master Support Agreement, dated June
19, 2006, between the Client and CompuDyne (herein referred to as the "Agreement'). Capitalized terms
used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein. In the event
of conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms
and conditions set forth in the Agreement shall prevail.
CompuDyne will provide the Basic Support described in Section 2.1 (Basic Support) of the Agreement for the
software applications identified in the table below. The annual fee for such support shall be as set forth in
the table below. Such support will commence upon the expiration of any applicable Warranty Period as set
forth in the table below.
CLIENT#M130-11
Covered Hours Make, Model, Serial Maintenance Period Fee
Application 24x7 or Number of Authorized
8x5 Server Period Start Stop
Date Date
CAD 247 Dell 6850, Service Tag 6 Mo 7/1/11 12/31/11 $30,774.00
#24GY191 Dell 2650
Service Tag#DG83831
Dell GX240
PRMS 247 Stratus 5240 6 Mo 7/1/11 12/31/11 $18,072.00
FAS 8x5 6 Mo 7/1/11 12/31/11 $10,417.00
911 Mapping 8x5 6 Mo 7/1/11 12/31/11 $10,149.00
Oracle 8x5 6 Mo 7/1/11 12/31/11 $ 9,566.00
AVL 8x5 6 Mo 7/1/11 12/31/11 $ 2,889.00
SunPro Interface 8x5 6 Mo 7/1/11 12/31/11 $ 620.00
Total $82,487.00
Authorized Site
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Page 1 of 1
2011 Master Support Agreement
Exhibit 2,Covered Applications
iW
_ _ YIYM,rx�N...PP PYWYeYYiYYYYr1Yti
AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO
AND TIBURON, INC.
This Amendment No. 1 to Vendor Services Agreement is made and entered into this_
day of , 2011, by and between Tiburon, Inc., hereinafter referred to as the
"Vendor" with its principal place of business Pleasanton, California, and the City of San
Bernardino, hereinafter referred to as the "City" having a business address at 300 North `D'
Street, San Bernardino, California 92401.
WHEREAS, the City and Vendor previously entered into an Agreement to provide
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
(AVL), and Mobile Data System (the "Agreement")No. 2008-11, a copy of which is attached
hereto and incorporated herein as Exhibit A; and,
WHEREAS,the Agreement was approved on July 7, 2011, by Resolution No. 2009-189;
and,
WHEREAS, the parties wish to extend the term of the Agreement six months, to
December 31, 2011.
NOW, THEREFORE, the parties agree to amend Paragraphs 2, 3 and 9 of the
Agreement to add the following language:
2 . COMPENSATION AND EXPENSES
a. For the extension of services the City upon presentation of invoices shall pay the
Vendor the amount of$82,487.00 for the additional services set forth in Exhibit B,
attached hereto and incorporated herein.
b. No other expenditures made by VENDOR shall be reimbursed by CITY
3. TERM; TERMINATION
The term of this Agreement shall be extended six months to December 31, 2011.
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. The
duration of this Agreement may be extended with the written consent of both parties.
AMENDMENT NO.1 TO AGREEMENT
TIBURON,INC.&CITY OF SAN BERNARDINO Page 1
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. Jason Suarez Ms. Mike Perez
City of San Bernardino Tiburon, Inc.
300 North D Street 6200 Stoneridge Mall Road, Ste 400
4th Floor—IT Dept Pleasanton, CA. 94588
San Bernardino, CA. 92418 Telephone: (925) 621-2700
Telephone: (909) 384-5947
All other terms and conditions will remain the same.
IN WITNESS THEREOF, the parties have executed this Agreement as set forth below.
TIBURON, INC.: CITY OF SAN BERNARDINO:
}
Dated: , 2011 Dated: , 2011
By: By.
Charles E. McNeely
Its: City Manager
Approved as to Form:
James F. Penn--rah, City Attorney
By:
41�v.
AMENDMENT NO.1 TO AGREEMENT
TIBURON,INC.&CITY OF SAN BERNARDINO Page 2
2009-189
EXHIBIT"A"
1 VENDOR SERVICE AGREEMENT
2 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").
5 WITNESSETH:
6 WHEREAS,the Mayor and Common Council has determined that it is advantageous
7
and in the best interest of the CITY to contract for annual maintenance of the Police
8
9 Department's Tiburon Systems as outlined in Tiburon Inc.'s maintenance quote (dated May
10 20, 2008)included with this agreement as Exhibit"A"; and
11 WHEREAS,the City of San Bernardino did solicit and accept quotes from Tiburon
12 Inc. because of their sole source status as the exclusive provider of software for Tiburon's
13 system software suites
'�- 14 NOW,THEREFORE,the parties hereto agree as follows:
15 1. SCOPE OF SERVICES.
16 For the remuneration stipulated, San Bernardino hereby engages the services of
17
VENDOR to provide those services as set forth on Exhibit "A" attached hereto and
18
incorporated herein.
19
20 2. COMPENSATION AND EXPENSES.
21 a. For the services delineated above, the CITY, upon presentation of invoices,
22 shall pay the VENDOR up to the amount of$170,124.00 for the services set
23 forth in Exhibit"A".
24 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
25
26 3. TERM;TERMINATION.
27 The term of this Agreement shall be for a period of two years.
28 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 teams of this Agreement shall remain in force unless mutually amended.
1 The duration of this Agreement may be extended with the written consent of both parties.
2 4. INDEMNITY.
3 Tiburon agrees to protect, defend, indemnify, and save the Client, its agents,
4
officials, employees, or any firm, company, organization, or individual to whom the Client
5
6 may be contracted, harmless from and against any and all claims, demands, actions, and
7 causes of action of which Tiburon is given prompt notification and over which Tiburon is
8 given control to resolve (the"Indemnified Matters"), which may arise on account of illness,
9 disease, loss of property, services,wages, death or personal injuries resulting from Tiburon's
10 negligence in the performance of the services hereunder;provided,however, that in no event
11 shall Tiburon be liable for any loss or damages related to the operation, delay or failure of
12 software or equipment provided by Tiburon or for the accuracy or completeness of data, and
13 under no circumstances shall Tiburon be liable for special, incidental or consequential
14 damages.
15
16 In no event shall either party by liable for any damages resulting from loss of profit
17 or business, or for any special, indirect, punitive, incidental or consequential damages,
18 whether arising in an action of contract, tort or,other legal theory and regardless of whether
19 such party knew or should have known of the possibility of such damages. The laws in some
20 states do not allow the exclusion or limitation of incidental or consequential damages and the
21 above limitation or exclusion shall be construed so as to give it the maximum practical effect
22 without violating such laws. If a court of competent jurisdiction determines that relevant
23 laws in force may imply warranties and liabilities which cannot be excluded or limited or
24 which can only partly be excluded or limited, then the limits on Tiburon's liability set out in
25
26 this Agreement shall apply to the fullest extent permitted by law. Tiburon's liability for any
27 claim, whether in tort, contract or otherwise, shall be limited to the total amount to be paid
28 Tiburon under this Agreement.
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
3 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
4
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
5
6 additional named insured in each policy of insurance provided hereunder. The Certificate of
7 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
8 termination in the policy.
9 6. NON-DISCRIMINATION
10 In the performance of this Agreement and in the hiring and recruitment of
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,
13 national origin,
ancestry, age,mental or physical disability, medical condition,marital status,
14
sexual gender or sexual orientation, or any other status protected by law, except as permitted
15
pursuant to Section 12940 of the California Government Code.
16
17 7. INDEPENDENT CONTRACTOR.
18 VENDOR shall perform work tasks provided by this Agreement, but for all intents
19 and purposes VENDOR shall be an independent contractor and not an agent or employee of
20 the CITY. VENDOR shall secure,at its expense,and be responsible for any and all payment
21 of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
22 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
23 employees,and all business license,if any are required,in connection with the services to be
24
performed hereunder.
25
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER
26
27 REQUIREMENTS.
28 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
u
2009-189
permits, qualifications, insurance and approval of whatever nature that are legally required of
1 VENDOR to practice its business or profession.
2 9. NOTICES.
3 Any notices to be given pursuant to this Agreement shall be deposited with the
4
United States Postal Service,postage prepaid and addressed as follows:
5
TO THE CITY:
6
7 Mr. Michael Eckley
8 City of San Bernardino
9 300 North D Street
10 4h Floor—IT Dept
11 San Bernardino, CA. 92418
12 Telephone: (909)384-5947
13
14
TO THE VENDOR:
15
Mr. Mike Perez
16
17 Tiburon, Inc.
i8 6200 Stoneridge Mall Road, Ste 400
19 Pleasanton,CA. 94588
20 Telephone: (925)621-2700
21 10. ATTORNEY'S FEES
22 In the event that litigation is brought by any party in connection with this Agreement,
23 the prevailing party shall be entitled to recover from the opposing party all costs and
24 expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
25
26 exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
27 conditions or provisions hereof. The costs, salary and expenses of the City Attorney and
28 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.
CSB—Tiburon Inc. 2009/2010 Annual Maintenance-4
2009-189
11. ASSIGNMENT.
1
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
2 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
3
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
4
5 and shall constitute a breach of this Agreement and cause for the termination of this
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.
10 The parties hereto agree that all actions or proceedings arising in connection with this
11 Agreement shall be tried and litigated either in the State courts located in the County of San
12 Bemardino, State of California or the U.S. District Court for the Central District of
13
California, Riverside Division. The aforementioned choice of venue is intended by the
14
parties to be mandatory and not permissive in nature.
15
16 13. GOVERNING LAW.
17 This Agreement shall be governed by the laws of the State of California.
18 14. SUCCESSORS AND ASSIGNS.
19 This Agreement shall be binding on and inure to the benefit of the parties to this
20 Agreement and their respective heirs,representatives, successors,and assigns.
21 15. HEADINGS.
22 The subject headings of the sections of this Agreement are included for the purposes
23 of convenience only and shall not affect the construction or the interpretation of any of its
24
provisions.
25
26 16. SEVERABILITY.
27 If any provision of this Agreement is determined by a court of competent jurisdiction
28 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
2009-189
in any other circumstance, and the remaining provisions of this Agreement shall remain in
full force and effect.
2
17. ENTIRE AGREEMENT; MODIFICATION.
3
4 This Agreement constitutes the entire agreement and the understanding between the
5 parties, and supersedes any prior agreements and understandings relating to the subject
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.
g IN WITNESS THEREOF, the parties hereto have executed this Agreement on
9 the day and date set forth below.
10 VENDOR:
11 Dated: t-ti , 2009
12
13
By.
14
15 I/ /
16 Its: {/ P !�7 -e �✓or,�,�r�
17 CITY OF S BERNARDINO:
18 Dated: . 2009
19
20
By.
21
22 (Mr. Charles E. Mc eely, City Manager)
23
24 Dated: .2009
25 Approved as to Form:
26
James F. Penman, City Attorney
27
28
By:
ISB-Tiburon Inc. 2009/2010 Annual Maintenance - 6
EXHIBIT B
INVOICE PAGE: 1
TIBURAN ' INVOICE#. IN 00003673
6200 STONERIDGE MALL RD. INVOICE DATE: 07/01/11
SUITE 400 DUE DATE: UPON RECEIPT
PLEASANTON, CA 94588 CURRENCY: USA
(925) 621-2700
BILL TO:
SAN BERNARDINO, CITY OF
Mike Eckley
300 North D Street
SAN BERNARDINO CA 92418
United States of America
Software Support & Maintenance: 07/01/11 - 12/31/11 6 Mo.
Contract: M13011 San Bernardino City, Mnt-11 6m
Customer PO#
------------Description----------- Quantity Rate Amount
CAD - 6 mo 0.00 0.0000 30,774.00
PRMS - 6 mo 0.00 0.0000 18, 072.00
FAS - 6 mo 0.00 0.0000 10,417.00
911 Mapping - 6 mo 0.00 0.0000 10,149.00
Oracle - 6 mo 0.00 0.0000 9, 566.00
AVL - 6 mo 0.00 0.0000 2, 889.00
SunPro IF - 6 mo 0.00 0.0000 620.00
------------------------------------------------
Total 0.00 82,487.00
------------------------------------------------
-------------------------------------------------
Final Total 0.00 82,487.00
Remit Payment To:
Tiburon, Inc.
6200 Stoneridge Mall Road.
Suite 400
EXHIBIT B ,
EXHIBIT 2
To
Master Support Agreement
COVERED APPLICATIONS
This Exhibit is attached to incorporated into and forms part of the Master Support Agreement, dated June
19, 2006, between the Client and h Com uD ne (herein p y ( e em referred to as the "Agreement"). Capitalized terms
used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein. In the event
of conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms
and conditions set forth in the Agreement shall prevail.
CompuDyne will provide the Basic Support described in Section 2.1 (Basic Support) of the Agreement for the
software applications identified in the table below. The annual fee for such support shall be as set forth in
the table below. Such support will commence upon the expiration of any applicable Warranty Period as set
forth in the table below.
CLIENT#M130.11
Covered Hours Make, Model, Serial Maintenance Period Fee
Application 24x7 or Number of Authorized
8x51 Server Period Start Stop
Date Date
CAD 24x7 Dell 6850, Service Tag 6 Mo 7/1/11 12/31/11 $30,774.00
#24GY191 Dell 2650
Service Tag#DG83831
Dell GX240
PRMS 24x7 Stratus 5240 6 Mo 7/1/11 12/31/11 $18,072.00
FAS 8x5 6 Mo 7/1/11 12/31/11 $10,417.00
911 Mapping 8x5 6 Mo 7/1/11 12/31/11 $10,149.00
Oracle 8x5 6 Mo 7/1/11 12/31/11 $ 9,566.00
AVL 8x5 6 Mo 7/1/11 12/31/11 $ 2,889.00
SunPro Interface 8x5 6 Mo 7/1/11 12/31/11 $ 620.00
Total $82,487.00
Authorized Site
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
2011 Page 1 of 1
Master Support Agreement
Exhibit 2,Covered Applications