HomeMy WebLinkAbout12-Management Information Services
. CJ'tV'OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JANIS INGELS, Subject:
DIRECTOR OF MIS .
Dept: ADMINISTRATION/MANAGEMENTO: "'JGi 1M AL
INFORMATION SERVICES 1" IIVIi
Date: June 24, 1997
FISCAL 97/98 MAINTENANCE
CONTRACT FOR POLICE COMPUTERIZED
RECORDS MANAGEMENT SYSTEM
(RMS)
JUN 2 6 1997
Synopsis of Previous Council action:
09-19-88 - Approved purchase of Tiberon Public Safety Records
Management Software.
Resolution #88-133
Recommended motion:
ADOPT RESOLUTION
Contact person:
JANIS INGELS
Phone:
384-5010
Supporting data attached:
STAFF REPORT, RESOLUTION
Ward:
ALL
FUNDING REQUIREMENTS:
Amount:
$26,000.00
Source: (Acct. No.)
679-251-5172
(Acct. DescriPtion)
*
. CO~EQUIP~
Finance: ~ L
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Council Notes:
. Res 97- I 87
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Agenda Item No.1 'J..
75-0262
. CITY ,OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION.
STAFF REPORT
The Police.Department operates a computerized Police Records
Management System (RMS). This system maintains information on crime
reports, active case management, crime analysis data, officer/
employee training records and other internal databases.
This product is maintained by means of an annual maintenance
and service contract. This contract provides service for any/all
software problems, support for our technical staff and service
for any/all data file problems.
In addition to maintenance and service, the contract provides for
software upgrades when features attached to our current system need
to be modified because of problems discovered by other clients.
The RMS software is proprietary and can only be maintained by Tiberon,
Inc. The City has maintained annual maintenance with Tiberon since
1988.
The 97/98 annual maintenance agreement is the first agreement in which
the cost exceeded $25,000.00. For this reason, this is the first
time this maintenance has required council action.
The pending citywide network upgrade project replaces CAD/RMS software
with Tiberon's current product. The 97/98 maintenance will be pro-
rated and a credit issued for the period from the date new software
is fully operational through June 30, 1998.
97/98 Annual RMS Software Maintenance is $26,000.00.
75-0264
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TIBURON, INC.
AGREEMENT FOR EXTENDED SERVICE
This Agreement entered into this 28th day of May 1997 by and between the City of San
Bernardino hereinafter called "CLIENT" and Tiburon, Inc., having its office at 475 Sansome
Street, Suite 810, San Francisco, CA 94111, hereinafter called "TIBURON."
Witnesseth
WHEREAS, CLIENT has determined that it requires the categories of application software
maintenance on the software systems which have been provided to CLIENT by TIBURON under
a separate agreement and which are identified in Exhibit A attached hereto and which are referred
to hereinafter collectively as the "Program," and
WHEREAS, CLIENT therefore requires the provision of professional and technical services and
materials as specified in this Agreement, and
WHEREAS, TIBURON is qua1ified to provide the services and materials required by CLIENT as
specified in this Agreement.
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NOW THEREFORE, in consideration of the mutual covenants contained herein, CLIENT and
TIBURON agree as follows:
1. Period ofperforrnance
The term under which TIBURON shall be obligated to perform under this Agreement shall
be for the time period specified in Exhibit A and shall continue for this time period or until
this Agreement has otherwise been terminated as provided for herein.
2. Statement of Work
With respect to the Program, TIBURON shall perform the following maintenance
services:
a) TmURON shall retain a copy of the Program source code.
b)
If during the term of this Agre~ent, (1) CLIENT discovers defects in the
Program such that the Program will not perform in accordance with the
specifications as previously accepted by CLIENT; (2) CLIENT notifies TIBURON
of such defects in writing; and (3) such defects are reproducible, then TIBURON
shall provide timely corrections of such defects.
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c)
If problems arise concerning the Program, TlBURON shall provide telephone
assistance and support via remote dial-in.
Ifremote support is available, but an on-site visit is required to correct the defect, TlBURON will
travel to the site at no additional charge if the problem lies solely with TlBURON application
software. If CLIENT is unable to provide remote dial-in and an on-site visit is necessary to
correct the problem, Tiburon will bill for travel and per diem costs.
If the problem is CLIENT generated, CLIENT is responsible for all fees and
expenses and will be billed at TlBURON's current service rate in addition to all
travel costs.
d) TlBURON shall provide CLIENT with a minimum of quarterly status reports to
include a summary of site activity and client requests.
e) TlBURON sha1l provide a toll-free telephone service for routine operational and
technical assistance.
t)
Technical and operational service shall be available during TlBURON's normal
support hours of 6:00 a.m. to 5:30 p.m. Pacific Time (excluding weekends and
TlBURON holidays) and at additional times according to the terms defined in the
Schedule of Services and Charges which is attached as Exhibit B and incorporated
herein by reference.
TlBURON shall provide software upgrades and enhancements as per the schedule and
charges stated in Exhibit B. Any installation and special tailoring required sha1l be charged
at the Technical Service Rate as identified in Exhibit B. All such software provided by
TlBURON shall be covered by the terms of this Agreement.
If CLIENT has source code on site, and corrections for reported problems or defects are
due substantially to CLIENT's errors or CLIENTs changes to the system environment, or
relate to CLIENT -modified portions of the Program or to portions of the Program
affected by CLIENT -provided software, or if diagnosis of problems reported erroneously
shall be performed by TlBURON, CLIENT will be charged at the Technical Service Rate,
plus applicable travel and per diem expenses.
3. Client Responsibilities
CLIENT agrees to provide those services ~d facilities defined below which are necessary
for the provision of services by TlBURON under this Agreement. CLIENT and
TlBURON agree that the scope and schedule of services to be provided by TlBURON
under this Agreement depend upon the timely fu1fi\1ment of CLIENT responsibilities.
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a) CLIENT shall assign a coordinator to ensure that CLIENT's duties set forth in this
Agreement are met, to coordinate appropriate schedules in cOMection with
TIBURON's services hereunder, and to provide other coordination activities which
are necessary for TIBURON to perform its services hereunder. CLIENT shall
maintain performance logs documenting trouble calls and availability of on-line
systems according to procedures provided by TIBURON.
b) CLIENT shall assign individuals who are familiar with the Program and able to
provide on-site technical assistance as required by TIBURON to assist TIBURON
in performing its services hereunder. CLIENT persoMel will screen operational
assistance calls and handle operational problems where appropriate.
c)
If CLIENT has source code on site, any changes or modifications to TIBURON's
application software or to the application software operating environment by
CLIENT without TIBURON's written authorization is an unauthorized change and
is in violation of the Software License Agreement. In the event CLIENT is
deemed to be in violation of the terms and conditions of this Agreement, Tiburon
reserves the right to terminate this Agreement and pursue any and all legal
remedies. CLIENT may be subject to penalties, fines and associated legal fees if
found to be in violation of the Software License Agreement.
d) CLIENT shall ensure that appropriate maintenance activities are carried out on a
regularly scheduled basis in accordance with site documentation. This includes but
is not limited to backing up the data base and journal logs, purging out of date
records and ruMing reports and performing diagnostics as requested by
TIBURON.
e) CLIENT shall provide dial-in' access to CLIENT's computer, making it accessible
by TIBURON for remote service. CLIENT is responsible for the provision of all
local equipment (dial-up modems, telephone termination, communications port,
etc.) required to support access by TIBURON. If CLIENT has source code on
site, CLIENT shall also compile programs and run appropriate tests following each
remote access as requested by TIBURON. In the event that CLIENT does not
comply with these provisions, Technical Service charges as specified in Exhibit B
shall apply.
t) CLIENT shall meet with TIBURON as may be reasonably required to discuss
operational issues and the status of the Program and provide timely responses to
issues related to maintenance and Program performance raised in writing by
TIBURON.
g)
CLIENT shall update and maintain the input data as may be required for
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satisfactory Program operation, and be responsible for the accuracy of CLIENT-
provided data.
h)
If the CLIENT has the source code, CLIENT shall provide TIBURON with a
complete copy of the prodction source code in a format compatible with
TIBURON's support environment so that TIBURON has ready access to the code
for maintenance work. Complete replacement copies shall be made available on a
timely basis upon request by TIBURON.
.If the CLIENT has the source code, CLIENT shall be responsible for storing a
complete copy of the production source code off site as an emergency back up.
4. Payment
CLIENT shall make payments to TIBURON based on invoices submitted. Schedules and
amounts of invoices shall be determined in accordance with Exhibit B.
5.
Independent Contractor
Each party hereto, in performance of this Agreement, will be acting in its own capacity.
The employees or agents of one party sha11 not be deemed or construed to be the
employees or agents of the other party for any purpose whatsoever. TIBURON will be
responsible for payment of payroll taxes, unemployment insurance, and similar obligations
with respect to its own employees, and no deductions sha11 be made from payments due
under this Agreement for that or any other related reason.
6.
License
With respect to each change, correction, or enhancement to Program furnished to
CLIENT under this Agreement, TIBURON grants to CLIENT a perpetual, non-exclusive,
non-assignable, non-transferable license to use such change, correction, or enhancement
solely as part of the Program.
7. Client Modifications
If CLIENT has source code on site, CLIENT modifications are prohibited unless prior
review and approval by TIBURON has been granted for the specific changes and the
person or entity making such changes.
At no additional cost to the CLIENT, TmURON shall provide updates to the TIBURON
External Interface Software and/or documentation, including all existing screen formats
currently supported by TIBURON, for all legal requirements or modifications mandated
by NCIC, or the CLIENT's respective State, when such requirements or modifications
require a programming/source code change to the Licensed Software. Changes mandated
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or offered by CLIENT's respective City and/or County are not covered. Changes to State
and/or NCIC protocols are considered outside the scope of this Agreement.
8.
Confidential Information
TmURON shall regard all CLIENT files and data as CLIENT's confidential information.
TmURON shall not release said data to outside parties without written consent of
CLIENT. To the extent allowed by law, CLIENT shall regard all software and
documentation provided by TmURON as confidential information. CLIENT shall not
release or provide access to said software and documentation to outside parties without
written consent ofTmURON.
9. Termination
This Agreement may be terminated by either party by giving at least a ninety (90) day
advance written notice to the other party.
Upon termination of this Agreement for any reason, the provisions relating to Confidential
Information and License shall survive.
10. Insurance
TmURON shall, at its own expense, at all times while TmURON is performing services at
CLIENT's facilities, maintain in force:
a) a comprehensive general liability insurance policy including coverage for
contractual liability for obligations assumed under the contract documents, blanket
contractual liability, products and completed operations and owner's and
contractor's protective insurance; and
b) comprehensive automobile liability insurance policy including owned and non-
owned automobiles.
Liability coverage shall be equal to or greater than the limits for claims made under the California
Tort Claims Act with minimum coverage of $500,000 per occurrence (combined single limit for
bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and
$100,000 per occurrence for property damage. Liability coverage shall be provided on an
"occurrence" basis. "Claims made" coverage will not be acceptable.
Certificates of insurance acceptable to CLIEm shall be filed with CLIENT prior to the
commencement of any services at CLIENT facilities by TmURON. Each certificate shall provide
that coverage under the policy cannot be canceled and restrictive modifications cannot be made
until at least 30 days prior written notice has been given to CLIENT. A certificate which states
merely that the issuing company "will endeavor to mail" written notice is unacceptable.
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e 11. Amendments
This Agreement may be amended upon mutual written agreement by CLIENT and
TlBURON to include, but not be limited to, additional services and support and
equipment and software replacements and upgrades.
12. Applicable Law
This Agreement shall be construed in accordance with and governed by the laws of the
State in which the CLIENT'S organization is primarily located.
13. Limitation of Liability and Remedies
a) Limited Warranty
While this Agreement is in effect, TlBURON warrants that all computer programs
developed or provided under this Agreement will conform to such applicable
specifications as may be developed under this Agreement.
The above warranty is in lieu of all other warranties, express or implied, including any
warranty of merchant ability or fitness for a particular purpose.
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b)
Limitation of Damages and Remedy
TlBURON's liability hereunder for damages shall not exceed the annua1 maintenance
charge paid to TlBURON for the period in which the cause of action occurred. In no
event shall TlBURON be responsible for any indirect, consequential, incidenta1, or tort
damages. .
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Entire Agreement
This Agreement sets forth the entire understanding between the parties as to the subject
matter hereof and merges all prior discussions between them, and neither party shall be
bound by any prior representations, conditions, understandings, or warranties except for
original system warranties or those expressly provided herein, or in any surviving terms of
prior written agreements between the parties hereto, or in any written agreements signed
by representatives of the parties on or subsequent to the date of this Agreement. No
provision appearing on any fonn originated by CLIENT shall have any force or effect
unless such provision is expressly accepted in writing and signed by a representative of
TIBURON.
IN WITNESS WHEREOF, the parties have hereunto set their hands on the dates set forth below.
CLIENT:
Signature of Authorized Representative
Name (type or print)
Darcy Hislop
Name (type or print)
Title
Date
Vice President, Client Services
Title
May 28, 1997
Date
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EXHIBIT A
SOFI'WARE SUPPORT AND MAINTENANCE FEE
CLIENT NAME: City of San Bernardino
CONTACT: Mike Eckley
Support and Maintenance provided to the CLIENT listed above sha1l be pursuant to the terms and
conditions of the TIBURON Agreement for Extended Service dated May 28, 1997.
This Exhibit A sha1l become part of said Agreement upon signature and sha1l be effective from July
1,1997 to June 30,1998 and applies only to the application software and software modules listed
below and will be billed in advance annually, unless otherwise set forth in ExIu'bit B. Upon future
renewals, there will be an additional charge to those CLIENTs requiring semi-annual or quarterly
invoices.
IN WITNESS WHEREOF the parties have executed this Agreement by their duly authorized
representatives.
Software Model Months
CPU Make
Model Serial # User License Total Fees
Police RM5
12
$20,000
Non-commitment
to 5512000 12
TOTAL:
$9.600
$29,600
/
Client:
Tiburon, Inc.:
I ./
By: I ;1//,
(Authotized Signature) .
By:
(Authotized Signature)
Name:
Name: DarcvHislon
Tide:
Tide: ViCe President Client Services
Date: Mav 28. 1997
Date:
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EXHIBIT B
SCHEDULE OF SERVICES AND CHARGES
Basic Services
$ 20,000 per year
TIBURON will provide basic services as defined in the Statement of Work contained in the
Section 2 of the Extended Service Agreement for the software systems as defined in Exhibit A.
Support for Computer Aided Dispatch, Message Switch and Jail Management Systems is 24
hours per day, 7 days per week. Support for other products is from 6:00 a.m. to 5:30 p.m. Pacific
Time, excluding weekends and normal TIBURON holidays, unless the "24n" Service Option is
selected. In all cases, call-out charges will apply as described below.
"24n" Service Ootion
$ 6,000 per year
Products not normally covered by 24-hour support may optionally be supported with 24-hour
coverage (mcluding TIBURON holidays). Applicable call-out charges continue to apply. If this
option is not in force, technical support requests outside of covered hours are charged at technical
service rates as defined below.
Software U'p~ade Option
Included
New software releases are provided for CLIENTs version of the SS/2000 and Relational Data
System programs. Installation support may be selected at normal technical service rates as listed
below.
Prenaid Technical Sl.\pport Resol.\rce Pool
Not applicable
A dollar amol.\nt is allocated to a Technical Sl.\pport Resource Pool. The charges for Technical
Support will always be calculated at the TIBURON facility rate and will be subtracted from this
dollar amount as incurred. Any unused portion of this account is carried over to the next contract
year.
Gold Card Service Ootion
Not applicable
A total support program is tailored for CLIENT and includes a schedule of on-site visits by
TffiURON personnel for data base management, working with end users to identify and resolve
problems and to apply agreed upon software changes, installation of new software products
.
obtained through this Agreement, and a comprehensive training program. (If selected by
CLIENT the terms of this option are defined in the Gold Card Service Schedule will be attached
as Exhibit C and incorporated herein by reference.)
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Operations Review
included
Tiburon personnel will visit the client site periodically and meet with management, operations and
other user personnel to conduct an operations review of the systems and an analysis of the
CLIENT's automation requirements. A report will be produced to include observations and
recommendations as regards the use of the system. Working with the CLIENT, this review will
be further documented in the form ofa multi-year automation plan for the CLIENT. There will
be no charge for this service if total annual maintenance exceeds $20,000.
Tiburon User Grouo Membership
included
Two voting memberships in the Tiburon User Group are included in Basic Services. Up to three
additional voting memberships may be purchased for $175 each.
Technical Service Rates
Technical Services Rates shall be deducted from the Prepaid Technical Support Resource Pool, or
if that option is not available, they shall be invoiced to CLIENT as incurred.
1. Technical Service Rates
Technical support shall be charged at the following rates:
At TIBURON Facilities:
$ 110 per staffhour
At CLIENT Site:
$ 120 per staffhour
A minimum of four (4) hours per occurrence will be charged for work conducted at TIBURON
facilities and a minimum of eight (8) hours at CLIENT site for Technical Services not covered
under Basic Services or "24n" Service Option as described previously.
2. Materials, Travel and Per Diem Expenses
When applicable, all special materials, plus travel and per diem expenses shall be charged to
CLIENT at cost.
3. Call-Out Charges
For systems not covered under 24n support, after normal business hours, ca1l-outs will be billed
at $250 per call. After the first hour, the rate it' $200 per hour with a two-hour minimum. If
CLIENT'S systems are covered under the 24/7 support, the off-hour ca1l-out fee is only $50.
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4. Remote Access
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All charges in this Agreement are predicated on CLIENT providing the required hardware,
software, and operating environment for dial-in service. If CLIENT does not provide this support
for dial-in service, the following additional charge will apply:
$500 per month per system supported
In addition, travel and per diem expenses for on-site support required due to lack of remote
access will be charged as defined in Item 1, page 3, Exhibit B.
Payment Provisions
Payments due under this Agreement sha1l be made based on invoices submitted in advance on an
annual basis for Basic Services and Options or as incurred for miscellaneous expenses.
Charges provided for in this section may be altered by TIBURON annually on the anniversary
date of the Agreement by giving a 90-day advance written notice of such changes.
The amount of any tax, license, or permit fees, but not including taxes on income, that may be
imposed or levied upon this Agreement, the transaction, or the materials or services delivered
hereto, sha1l be added to each invoice and paid by CLIENT in addition to the amounts shown
above.
e CLIENT shall pay each invoice within 45 days of receipt thereof.
IN WITNESS WHEREOF the parties have executed this Agreement by their duly authorized rqlresentatives.
Name
Client
Authorized signature
Tide
Vice President, Client Services
Tide
Date
May 28, 1997
Date
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