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HomeMy WebLinkAbout17- Information Technology CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTIR I G I N A L From: DEBRA KURITA, Subject: RESOLUTION OF THE INTERIM IT DIRECTOR MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO Dept: INFORMATION AUTHORIZING THE EXECUTION OF TECHNOLOGY DIVISION AN AGREEMENT AND THE AWARD OF A PURCHASE ORDER FOR Date: May 17,2010 MAINTENANCE SERVICES TO TIBURON INC.OF PLEASANTON, CALIFORNIA. M/CC Meeting Date: July 6,2010 Synopsis of Previous Council Action: July 6, 2009 - Resolution #2009-189 - 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 2 of 3). June 16, 2008 — Resolution #2008-252 - 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 1 of 3). June 19, 2006 — Resolution #2006-230 - Approved the renewal of a 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 Fremont, California. Recommended Motion: Adopt resolution. Signature Contact person: Miler Eel Phone: 'ARd-4Qd7 Supporting data attached: Staff Report Ward: ALL FUNDING REQUIREMENTS: Amount: $170,124.00 Source: (Acct.No.) 679-250-5172-0000-0062 (Acct. Description) Maintenance Contracts Finance:,' Council Notes: B sa ;20/0 — 30 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 execution of an agreement and the award of a purchase order for maintenance services to Tiburon Inc. of Pleasanton, California. BACKGROUND: 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). In addition, Tiburon is a sole source provider for the maintenance of their PRMS and CAD systems. In February 2005, a new maintenance agreement was negotiated for 2005/2006. The vendor agreed to charge us rates of$147,530 for fiscal year 2005/2006. During this time the vendor also changed from Tiburon, Inc to Tiburon Inc.Public Safety&Justice Inc. In July 2005, the City Council approved an enhancement to the existing systems for a Field- Based Reporting system known as Copperfire and FBR. Increase of maintenance costs for this new enhancement took effect in FY 2006/2007. In January 2006, the City Council approved an enhancement to the existing systems for a mugshot digital photograph system that would integrate with the existing systems and replace a standalone system. This system is known as TIPS. Increase of maintenance costs for this new enhancement took effect in FY 2006/2007. In addition, current service terms are specified under a Master Support Agreement between the vendor and the City(reference Resolution#2006-230). In March 2008, Tiburon agreed to a three year fixed price for maintenance. The cost for Tiburon maintenance will remain $170,124 through the 2010/2011 fiscal year unless new features or upgrades are added. This agreement was approved by City Council under Resolution# 2008- 252. In June 2009, Resolution# 2009-189 approved the second year of the three year maintenance agreement as well as a two-year Vendor Service Agreement(FY 2009/2010 and 2010/2011). Adoption of this resolution will approve the third year of the three year maintenance agreement. FINANCIAL IMPACT: The annual cost for software maintenance of Police and Fire CAD, RMS, CMS, TIPS, AVL, and MDCs for FY 2010/2011 is $170,124.00 and these items have been included in the IT 10/11 budget and chargebacks to departments. RECOMMENDATION: Adopt resolution. City of San Bernardino San Bernardino Police Department Interoffice Memorandum To: Charles E_ McNeely, City Manager From: Michael Eckley, Public Safety IT Manager Subject: Purchase pursuant to Municipal Code Section 3.04.010 (B) (3) Date: June 21, 2010 Copies: Debra Kurita, Interim 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 March 2008, Tiburon and the City agreed to a three year fixed price for maintenance. Fiscal Year 2010/2011 will be the final year of the three year agreement. 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) . Approv f d by: &Ak Charles E. McNeely, ritWManager I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE AWARD OF A PURCHASE ORDER FOR 3 MAINTENANCE SERVICES TO TIBURON INC. OF PLEASANTON, CALIFORNIA. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. That Tiburon Inc. is a sole source for software maintenance of the 8 City's Public Safety Computer-Aided-Dispatch System(CAD),Police Records Management 9 System (PRMS), Jail Management System (CMS), Mugshot System (TIPS), Field Base 10 Reporting System (FBR/ARS), Automatic Vehicle Locator System (AVL), and Mobile Data 11 System. 12 13 SECTION 2. That the Mayor and Common Council authorize the Director of Finance © 14 or his/her designee to issue a purchase order for $170,124.00 to Tiburon Inc. For these 15 maintenance services. The Purchase Order shall reference the number of this resolution and 16 shall incorporate the terms and conditions of the existing maintenance contract, a copy of 17 which is attached hereto as Exhibit A and by this reference made a part hereof. The 18 Purchase Order shall read, in addition to the itemization, "Tiburon Inc. FY 2010/2011 19 Annual Maintenance Contract for the City of San Bernardino's Public Safety CAD, RMS, 20 CMS, TIPS, FBR, ARS, AVL, and Mobile Data System. Not to exceed $170,124.00." 21 22 SECTION 3. The above authorization is rescinded if it is not executed within ninety 23 (90) days of the passage of this resolution. 24 25 26 27 28 FAVAISONacsolutions\IT-Tiburon Inc 7.2.10.wpd I 1 2 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof,held 5 on the day of 2010,by the following vote, to wit: 6 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 8 MARQUEZ — 9 DEJARDINS — 10 BRINKER 11 SHORETT 12 KELLEY 13 JOHNSON — 14 MCCAMMACK ® — 15 16 CITY CLERK 17 The foregoing Resolution is hereby approved this_day of 2010. 18 19 PATRICK L MORRIS,Mayor 20 City of San Bernardino 21 Approved as to form: 22 JAMES F. PENMAN, City Attorney 23 By: 24 25 26 27 28 F:\WILSON\RaolutioM\IT-Tiburon Inc 7.2.10.wpd 2 Exhibit"A" VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 1st day of July 2009, by and between Tiburon Incorporated, of Pleasanton, California ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). 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 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". 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 two years. This Agreement may be terminated at any time by thirty (30) days' written notice by CSB—Tiburon Inc. 2009/2010 Annual Maintenance- I 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. 4. 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 or business, or for any special, indirect, punitive, incidental or consequential damages, whether arising in an action of contract, tort or other legal theory and regardless of whether such party knew or should have known of the possibility of such damages. The laws in some states do not allow the exclusion or limitation of incidental or consequential damages and the above limitation or exclusion shall be construed so as to give it the maximum practical effect without violating such laws. If a court of competent jurisdiction determines that relevant laws in force may imply warranties and liabilities which cannot be excluded or limited or which can only partly be excluded or limited, then the limits on Tiburon's liability set out in this Agreement shall apply to the fullest extent permitted by law. Tiburon's 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. CSB—Tiburon Inc. 2009/2010 Annual Maintenance - 2 • 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 any change or termination in the policy. 6. NON-DISCRINIINATION 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, Qsexual gender or sexual orientation, or any other status protected by law, except as pemritted pursuant to Section 12940 of the California Government Code. 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 wan-ants 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 permits,qualifications,insurance and approval of whatever nawre 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: Mr. Michael Eckley City of San Bernardino 300 North D Street 4'h 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 10. ATTORNEY'S FEES 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 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. CSB—Tiburon Inc. 2009/2010 Annual Maintenance-4 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 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 Qparties 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 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 in any other circumstance, and the remaining provisions of this Agreement shall remain in fall 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: Dated: 2009 OR By: Its: CITY OF SAN BERNARDINO: Dated: 2009 By: cpox (Mr. Charle )fi cNeely, City Manager) Dated: 2009 Approved as to Form: James F. Penman,%Attorney 0 By: �CO CSB—Tiburon Inc. 009/2010 Annual Maintenance- 6 EXHIBIT "A" Mum.im. TIBURAN ' " "° R 5..:� : USA Vie])21W f 92X2:1`99 May 20,2008 Mr. Michael Eckley Public Safety Systems Manager City of San Bernardino 300 North"D" Street"B" Building San Bernardino,CA 92418 Subject: Three Year Maintenance quote for the 2008 through 2011 Maintenance Period Reference: A eement for Extended Services between the City of San Bernardino and Tiburon, Inc.. dated July 1, 1995 Dear Mr.Eckley: Tiburon, [nc. 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 7/1108 6130111 $ 164,032.00 CMS 36 711/08 6/30/11 $ 30,054.00 PRMS 36 7/1/08 6/30/11 $ 99,818.00 FAS 36 7/1108 6/30/11 $ 57,533.00 911 Mapping 36 7/1108 6130/11 $ 56,056.00 Oracle 36 711/08 6130/11 $ 52,837.00 AVL 36 711/08 6130111 $ 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 A C <.., D-a, C ,a::.v. EXHIBIT "A" Mr.Michael Eckley Public Safety Systems Manager Three Year Maintenance quote for the 2008 through 2011 Maintenance Period May 20,2008 Page 2 of 2 The maintenance fee of$510,360 is broken down to a flat rate of$170,120 per year that will be renewable with a PO provided by the City of San Bernardino. 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, Jennine Weber Account Manager O