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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: TOM MAREK, 0 RIG I NA ' Subject:
IT DIRECTOR 4u;SOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING A
Dept: ADMINIINFORMA TION FIVE YEAR MAINTENANCE
TECHNOLOGY DIVISION CONTRACT FOR POLICE
SCHEDULING SOFIW ARE WITH
Date: April 24, 2006 INTIME SOLUTIONS OF BURNABY,
BC, CANADA.
MlCC Meeting Date: June 5, 2006
Synopsis of Previous Council Action:
Recommended Motion:
Adopt resolution.
~~~-~
Signature
Contact person:
TnntoMa.....1c
Phone:
~jl.L<Q..:t7
Supporting data attached: Staff Report
Ward:
FUNDING REQUIREMENTS: Amount:
$ 15,000.00
Source: (Acct. No.) 679-251-5172
(Acct. Description) Maintenance Contracts
Finance:
Council Notes:
_R-f SIl, c2 00(.. -I SX
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the City of San Bernardino authorizing a five year maintenance contract for Police
scheduling software with InTime Solutions ofBumaby, BC, Canada.
Background:
The Police Department uses a scheduling software suite called "Speedshift" by Intime Solutions,
of Burnaby, BC, Canada to manage employee work schedules and time off. This software helps
sworn and civilian supervisors ensure adequate staffing needs are met. The Police Department
had long outgrown the capabilities of the existing system and recently upgraded to the enterprise
version of the software. This upgrade was paid for through a police grant.
This enhanced version of the scheduling software is known as ISE (InTime Scheduling Engine).
It is considerably more robust and complex than the previous version and requires more technical
support and maintenance.
InTime Solutions has presented a 5 year maintenance agreement that will insure the level and
quality of support needed for this essential scheduling software. This annual maintenance
contract provides essential software upgrades, software patches (repairs), and telephone support
services for the software. Most importantly, the annual fee of $15,000 is guaranteed for the next
5 years and will not be increased.
Financial Impact:
The annual cost for InTime ISE scheduling software FY 2006/2007 is $15,000.00. This will be
year 1 of 5 for this fixed price maintenance contract.
Recommendation:
Adopt resolution.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FIVE
YEAR MAINTENANCE CONTRACT FOR POLICE SCHEDULING SOFTWARE WITH
INTIME SOLUTIONS OF BURNABY, BC, CANADA.
BE IT RESOLVED:
SECTION 1. That InTime Solutions is a sole source provider of maintenance services
for the ISE scheduling software used by the San Bernardino Police Department.
SECTION 2. That the Mayor and Common Council authorize the Purchasing
Manager to issue a purchase order for $15,000.00 to InTime Solutions, of Burnaby, BC,
Canada for maintenance services. The Purchase Order shall reference the number of this
resolution and shall incorporate the terms and conditions of the maintenance contract, which
will be on file in the City Clerk's Office. The Purchase Order shall read, "Annual FY
2006/2007 contract PO for annual software maintenance services. Not to exceed $15,000.00."
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FIVE YEAR
MAINTENANCE CONTRACT FOR POLICE SCHEDULING SOFTWARE WITH INTIME
SOLUTIONS OF BURNABY, BC, CANADA.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held on
6 the_ day of
, 2006, by the following vote, to wit:
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Council Members
Ayes
Nm
ESTRADA
BAXTER
McGINNIS
DERRY
KELLEY
JOHNSON
15 McCAMMACK
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20 The foregoing resolution is hereby approved this
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Approved as to form:
Abstain
Absent
Rachel G. Clark, City Clerk
day of
,2006.
Patrick 1. Morris, Mayor
City of San Bernardino
INTIME SOLUTIONS INC.
LICENSE AGREEMENT No=t~fssSOOf.:2006-------1
SOFTWARE LICENSE AGREEMENT NO: ~SE-SLOO 1-2006 I
AGREEMENT DA TE:Ju~~1_~QQ~_ ____J
CUSTOMER:
!!!:~::r:~:~----::-::-=-::~-~==--~~-- -- --- ---------:==-~
~2418 - ____~____n_ ---I
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S9l'TW AREJn Time_S~~~du1inKEng~ne .lIS_E) _
InTime SpeedShift Upgrade to Enterprise. InTime Scheduling Engine (lSE)
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f-------------- ---------
l---~----=---=-::=-==------------------
I _______
SUPPORT & MAINTENANCE FEES FOR SOFTWARE:
~ixed AniJ.:.i;Ufeeof$l5,OoOUSD for-th1=e;(3)year~-:;ith opti.onal fourth and fifth years
~aintanance at fixed costs as per Payment Schedule included in price Attachement "A"
~s follows:
ENTERPRISE SUPPORT & MAINTENANCE LICENSING AGREEMENT
Confidential Document
Page 1 of6
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1_______. __ ________________m_.____
ADDITIONAL PROVISIONS:
lNTIME SOLUTIONS INC.
Payment
Amount
Due
$15,000
June I, 2006
$15,000
June I, 2007
$15,000
June 1. 2008
$15,000
June 1,2009
$15,000
June I, 2010
~...i~~~~!:::~.:::7.:~:~:=~-=====4
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ENTERPRISE SUPPORT & MAINTENANCE LICENSING AGREEMENT
Confidemial Document
Page 2 of6
INTlME SOLUTIONS INe.
Maintenance and Support Agreement
This document is an agreement between Customer and InTime Solutions Inc., a Canadian corporation with
principal offices at Suite 700, 5945 Kathleen Avenue, Burnaby, B.C. V5H 4L5 ("InTime") for the provision of
Services related to maintaining and supporting certain Software, the parties agree as follows.
1. Definitions
1.1 "Maintenance" means the provision of new releases, enhancements and updates by InTime to Customer
during the term of this Agreement. It does not include new versions of the Software, which are chargeable. A
version change is denoted by a change in the most significant version number digit, for example as in 1.8 to 2.0, but
not in 1.7 to 1.8, which would be a release change.
1.2 "Services" means Maintenance and Support
1.3 "Software" means software provided by InTime to Customer in executable form (including any
documentation) the specifications of which are set out in the accompanying documentation and any future
upgrades.
1.4 "Support" means technical support provided by InTime to Customer relating to Customer's use of the
Software.
2. Maintenance and Support
2.1 Support is provided on a remote basis by telephone, e-mail, and fax, and optionally at the Customer's site,
as defined in the attached Coverage Schedule. Such support includes problem diagnosis, consultation and dial-in
diagnosis services. The Customer is responsible for any long distance costs related to this service. Support will be
provided for the current version of the Software and for the previous version of the Software for a period of one
year following release of the current version.
2.2 Maintenance is provided by provision of new releases, updates or enhancements issued by In Time to
Customer. Maintenance is also provided by provision of updates containing bug fixes according to InTime's
standard repair methodology. Such new releases and bug fixes are provided to Customer in a manner so that
Customer may install same at Customer's own premises. InTime reserves the right to charge, on a time and
materials plus expenses basis, for any installation or customization services required by Customer relative to
implementation of any new releases or bug fixes.
3. Payment. InTime will invoice Customer for all Maintenance and Support Services. All InTime invoices
are payable net 30 days. Any amounts outstanding after 30 days bear interest at a rate of 1.5% per month (18% per
annum). The Customer shall pay all applicable sales, use, withholding and excise taxes, export/import duties, and
any other assessments relative to the Software or the License or on or resulting from this Agreement
4. Excluded Services
4.1 Only the services set out in section 2 above are provided under this Agreement. All other services provided
are chargeable items. For clarification, the following supplies and services are excluded from the scope of this
Agreement:
(a) services which are required to remedy problems that stem from using a version of the Software that is not
Maintained or Supported because Customer chose not to upgrade to the current version of Software;
(b) services which are required to remedy problems which do not stem from any defect in Software;
(c) services which should have been provided by Customer to its own end users, such as support of third party
products;
(d) services which are required to remedy any problems with third party software or hardware; and
(e) services relative to integrating, modifying, installing or training Customer in the use of the Software.
ENTERPRISE SUPPORT &. MAINTENANCE LICENSING AGREEMENT
Confidential Document
Page 3 of6
INTIME SOLUTIONS INC.
4.2 InTime may provide to Customer any service required by Customer for an additional fee as agreed to by
Customer and InTime. The fee shall not exceed InTime's then current per diem rates plus any applicable expenses
incurred by InTi me in providing such service. The service fee may be waived by InTime if in InTime's
determination the service is required because of a software error which should have been corrected under Support
or Maintenance.
5. Term
5.1 The Term of this Agreement is for one year. This Agreement renews automatically unless Customer
delivers notice to InTime of its intention to not renew at least 30 days before the expiration of the then current term.
5.2 This Maintenance and Support Agreement shall terminate in either of the following events:
(a) if Customer has notified InTime of Customer's intent to not renew Maintenance and Support; or
(b) Customer has not paid InTime in accordance with this Agreement, or for other services rendered; or
(c) at the option of either party if the other party materially defaults in the performance or observance of any of
its obligations hereunder and fails to remedy the default within one month after receiving written demand
therefor;
5.3 If Customer does not renew Maintenance and Support then Customer acknowledges that Customer will
stop receiving Maintenance and Support as of the renewal date. If this occurs, Customer retains the right to use the
then-current version of the Software without impairment of any other rights.
6 Warranty.
6.1 InTime warrants that all services shall be performed in full conformity with the Agreement, with the skill
and care which would be exercised by those who perform similar services at the time the services are performed,
and in accordance with accepted industry practice. In the event of a breach of the express warranties contained
herein and/or in the event of non-performance and/or failure of InTime to perform the services in accordance with
the Agreement, InTime shall, at no cost to Customer, re-perform or perform the services so that the services
conform to the warranties.
6.2 OTHER THAN THE WARRANTIES EXPLICITLY SET OUT IN SECTION 6.1 ABOVE, THE
SERVICES ARE SUPPLIED WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF
ANY KIND INCLUDING THOSE REGARDING NONINFRINGEMENT OF THIRD PARTY RIGHTS,
DURABILITY, MERCHANT ABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
6.3 IF FOR ANY REASON EITHER PARTY BECOMES LIABLE TO THE OTHER FOR DIRECT (or any
other) DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (in
contract, tort or otherwise) INCURRED IN CONNECTION WITH THIS AGREEMENT, OR THE SERVICES,
THEN THE AGGREGATE LIABILITY OF A PARTY FOR ALL DAMAGES, INJURY AND LIABILITY
INCURRED BY THE OTHER PARTY IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT
(AND ANY AND ALL RECOVERABLE LEGAL COSTS) SHALL BE LIMITED TO THE FEES PAID IN
THAT YEAR FOR MAINTENANCE AND SUPPORT SERVICES.
6.4 IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL,
INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS.
7. Miscellaneous.
7.1 Except as described below, this Agreement is the only agreement between Customer and InTime pertaining
to the provision of the Services and InTime IS NOT BOUND BY ANY PROVISION OF ANY PURCHASE
ORDER, RFP, RFQ, CORRESPONDENCE, OR OTHERWISE UNLESS SPECIFICALLY AGREED TO IN
WRITING.
ENTERPRISE SUPPORT & MAINTENANCE LICENSING AGREE!\ffiNT
Confidenlial Document
Page 4 of6
INTIME SOLUTIONS INC.
7.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State
of California. Any legal action relating to or arising out of this Agreement shall be subject to the jurisdiction of the
County of San Bernardino, California
7.3 Force Majeure. Dates or times by which either party is required to perform under this Agreement,
excepting the payment of any fees or charges due hereunder, may be postponed to the extent that any party is
prevented from meeting them by causes beyond its reasonable control.
7.4 Non-Assignable. This Agreement is not assignable by the Customer, and any attempted or alleged
assignment by Customer is void.
7.5 No Agency. The parties acknowledge that each is an independent contractor and nothing herein constitutes
a joint venture or partnership and neither party has the right to bind nor act for the other as agent or in any other
capacity.
7.6 Notice. Any notice required by this Agreement or given in connection with it, shall be in writing and shall
be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight
delivery services.
If to InTime:
Ifto Customer:
Contracts Administrator
In Time Solutions Inc.
#700 - 5945 Kathleen A venue
Burnaby, B.C. Canada
V5H 4L5
7.7 Headings. The Headings used in this Agreement are provided for convenience only and shall not be used
to construe meaning or intent.
Both parties have read and agreed to the terms and conditions of this Agreement:
(Customer Name)
(Authorized Signatory)
(Date)
InTime Solutions Inc.
(Authorized Signatory)
(Date)
ENTERPRISE SUPPORT & MAINTENANCE LICENSING AGREEMENT
Confidcnlial Document
PageS of 6
lNTlME SOLUTIONS INC.
ATTACHMENT 'A'
Payment Schedule
11--f~~~~~_= ~~;;; -r-- ~un~~e2006 1
~- u_ - -I--~-- $15,000- June I, 2007 I
F-------- -~----$i5,Ooo --- June L 2008 ~
~ :;~_ C-lll"': :~~:;:::: :
ATTACHMENT 'B'
Coverage Schedule
ENTERPRISE SUPPORT & MAINTENANCE LlCENSING AGREEMENT
Confidential Document
Page 6 of6
Telephone Service:
Coverage Days:
Holidays:
Coverage Hours:
Special Days:
Special Day Hours:
INTIME SOLUTIONS INC.
Toll-free, unlimited calling during coverage days
Monday to Friday excluding Holidays
New Years, Labor Day, Christmas, Boxing Day
06:00-17:00 Pacific (9:00-20:00 Eastern) excluding Special Days
Good Friday, May Holiday, July I, August Holiday, October Holiday, November Holiday
08:00-16:00 Pacific (II :00-19:00 Eastern)
ENTERPRISE SUPPORT & MAINTENANCE LICENSING AGREEMENT
Confidential Document
Page7o(6
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): _~ tj 10(0
.
Ayesl)lJY}5)o'1l Nays -&-
Change to motion to amend original documents D
Item #
~f-J...- Resolution #
Abstain --B-
J[t)Gj t5~
Absent -3
Vote:
Companion Resolutions
Null/Void After: (\ 1 \CI: days /
Resolution # On Attachments: ~
PUBLISH D
POST D
RECORD W/COUNTY D
By:
Note on Resolution of attachment stored separately: D
G,/7/Dv
. I ~ \'
Date of Mayor's Signature: t; \, \j~
Date ofClerk/CDC Signature: (r.\ ~ \(\,(J)
Date Sent to Mayor:
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Date Returned:
2"d Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
Animal Control
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EDA
City Administrator
City Attorney
Code Compliance
Development Services
Others:
Facilities
Finance
Fire Department
Human Resources
Reso. Log Updated:
Seal Impressed:
0"
:Kb
Reso. # on Staff Repo~.
Not Returned: D
Yes / No By~
Yes No ~ By~
Yes No ,/ By~
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Yes No V By
Yes No -:7 By =
Information Services
Parks & Recreation
Police Department
Public Services
Water Department
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Notes:
Ready to File: _
Date:
Revised 12118/03