HomeMy WebLinkAbout2011-08-23; City Council; Resolution 2011-1981 RESOLUTION NO. 2011-198
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, RATIFYING OF AMENDMENT
3 NUMBER 5 TO EXISTING AGREEMENT BETWEEN THE CITY
4 OF CARLSBBAD AND TIBURON, INC FOR COMPUTER
AUTOMATED SYSTEM SUPPORT SERVICES
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6 WHEREAS, on September 12, 2003, the City of Carlsbad entered into an
7 agreement with Tiburon, Incorporated for a fully integrated public safety dispatch
system; and8
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WHEREAS the Public Safety Information System was successfully
10 implemented and has been operational since May of 2005; and
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WHEREAS, the Public Safety Information System was accepted in
February of 2009 and the City entered into an agreement with Tiburon in May of 2009
for annual support services; and
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15 WHEREAS, the City and the Contractor have executed a ratification of
16 Amendment No. 5 to the agreement for support services for one year $104,585; and
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WHEREAS, the parties wish to extend the agreement to June 30, 2012.
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19 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
20 Carlsbad, California, as follows:
21 1 . That the above recitations are true and correct.
22 2. That the City Council of the City of Carlsbad approves the ratification of
amendment number 5 for annual support services for $104,585 and the
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extension of the existing agreement to June 30, 2012.24 //
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 23rd day of August 2011, by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
NOES: None.
ABSENT: None.
HALL', Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
RATIFICATION OF AMENDMENT NO. 5 TO EXTEND AND AMEND AGREEMENT
FOR COMPUTER AUTOMATED SYSTEM SUPPORT SERVICES
TIBURON INC.
This Ratification of Amendment No. 5 is entered into as of the ^ day of
, 2011, but effective as of the first day of July, 2011, extending and
amending the agreement dated May 19, 2009 that was effective as of February 19, 2009 (the
"Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and
Tiburon Inc., a Virginia corporation, having its primary place of business at 6200 Stoneridge Mall
Road, Suite 400, Pleasanton, California 94588, (Contractor) (collectively, the "Parties").
RECITALS
A. On May 19, 2009, the Parties executed an Agreement for support services that
was effective February 19, 2009 relating to a computer automated system previously developed
and implemented by Contractor; and
B. On July 27, 2009, the Parties executed a ratification of amendment number 1
that was effective July 1, 2009 to extend the Agreement for one (1) additional year to June 30,
2010; and
C. On August 19, 2010, the Parties executed a ratification of amendment number 2
that was effective July 1, 2010 to extend the Agreement for one (1) additional year to June 30,
2011; and
D. On April 26, 2011, the Parties executed a ratification of amendment number 3 to
add services for deleting old messages in the CAD message switch; and
E. On April 26, 2011, the Parties executed a ratification of amendment number 4 to
add services for upgrading the CAD and Mobile system to the most current version; and
F. The Agreement expired on June 30, 2011 and Contractor continued to work on
the services specified therein without the benefit of an agreement; and
G. The Parties desire to extend the Agreement for a additional one (1) year
beginning on July 1, 2011; and
H. The Parties have negotiated and agreed to amend the Agreement's scope of
work to include Exhibit 1, "Covered Applications," which is attached hereto and incorporated
herein by this reference.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. The retroactive extension and Amendment No. 5 to the Agreement is ratified.
2. That the Agreement, as may have been amended from time to time, is hereby
City Attorney Approved Version #05.22..01
extended for a period of one year ending on June 30, 2012 and fund the agreement in an
amount not to exceed $104,585.00.
3. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
4. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
5. The individuals executing this Amendment and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this amendment.
CONTRACTOR
*By:
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
(sign here)
Mayor
(print name/title)
(* -titu/MHVc .
ATTEST:
(e-mail address)
UiORRAINE M. WOOD
City Clerk
(sign here)
(print name/title)
5cypf. df foil &, -d
(e-mail address)
If required by City, proper notarial acknowledgment of execution 'by"coritractor must be
attached. If a Corporation, Agreement must be signed by one corporate officer from each of the
following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
City Attorney Approved Version #05.22..01
APPROVED AS TO FORM:
RONALD R^BALL, City Attorney
Assistant City Attorney
EXHIBIT 1
To Amendment No. 5
[Tiburon Master Support Agreement]
COVERED APPLICATIONS
In the event of conflict between the terms and conditions set forth herein, other than the stated Annual Fee
set forth below and those set forth in the Agreement, the terms and conditions set forth in the Agreement
shall prevail.
Tiburon 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 #-M1270-11
Covered Make. Model. Serial Number Maintenar
Application of Authorized Server e Period
Period Start
Annual Fee
End
CAD/Ti Stratus ftServer 12 Mo 7/01/11 6/30/12 $33,321.00
Model: 3300-P3103R-ID-1
Serial #:322249
CARS DW HP Proliant server 12 Mo 7/01/11 6/30/12 $ 1544.00
Model: DL380-G3
Serial #:EB85KJNZ33
GCT HP Proliant server 12 Mo 7/01/11 6/30/12 $ 772.00
Model: D530-SFF
Serial #:USW4250JL7
Webquery HP Proliant server 12Mo 7/01/11 6/30/12 $ Included
Model: DL360-G3
Serial #:EA51KYDZ34
911 Mapping 12 Mo 7/01/11 6/30/12 $ 11,152.00
MDS 12 Mo 7/01/11 6/30/12 $21,135.00
MSS/Ti
(MqSeries)
12 Mo 7/01/11 6/30/12 $ 19,395.00
Stratus 12 Mo 7/01/11 6/30/12 $ 17,266.00
Total $ 104,585.00
Authorized site
City of Carlsbad
2560 Orion Way
Carlsbad. CA 92010