HomeMy WebLinkAboutTiburon Inc; 2003-09-12;RATIFICATION OF AMENDMENT NO 6 TO EXTEND THE AGREEMENT FOR A FULLY
INTEGRATED PUBLIC SAFETY INFORMATION SYSTEM INCLUDING THE MAJOR
SUBSYSTEMS OF A COMPUTER AIDED DISPATCH SYSTEM, A POLICE MOBILE DATA
SYSTEM, A MESSAGE SWITCH, A MOBILE MAPPING SYSTEM, AN AUTOMATIC FIELD
LOCATION SYSTEM, AND THE COMPONENTS AND INTERFACES FOR THESE
SUBSYSTEMS WITH
TIBURON, INC.
4t&j
12, 2
This Amendment Number 6 is entered into and effective as of the j day of
/JLe^jejK&e/Ls. 2008, extending the Agreement dated September 12, 2003 (the
"Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and
Tiburon, Inc. with its principal place of business at 6200 Stoneridge Mall Road, Suite 400,
Pleasanton, California 94588 ("Contractor") (collectively, the "Parties") for a fully integrated
Public Safety Information System, including the major subsystems of a Computer Aided
Dispatch System (CAD), a Police Mobile Data System (MDS), a Message Switch (MS), a Mobile
Mapping System (MMS), an Automatic Field Location System (AVL), and the components and
interfaces for these subsystems.
RECITALS
A. On September 12, 2003, the City entered into an eighteen (18) month Agreement
with Tiburon, Inc. for a fully integrated Public Safety Information system, including the major
subsystems of a computer Aided Dispatch System (CAD), a Police Mobile Data System (MDS),
a Message Switch (MS), a Mobile Mapping system (MMS), an automatic Field Location System
(AVL), and the components and interfaces for these subsystems; and
B. On May 26, 2004, the City and Tiburon, Inc. executed Amendment Number 1 to
the Agreement to 1) Remove the Push to Talk Interface; 2) Change Tiburon Mobile Mapping to
Maverick 9-1-1 Mobile Mapping; 3) Remove 29 18" Sony Flat Panel Displays; 4) Add one CARS
Development License; 5) Modify Advanced and Refresher training to be optional and 6) Change
CARS to CARS Data Warehouse; and
C. On December 8, 2004, the City and Tiburon, Inc. executed Amendment Number 2
to the Agreement to 1) reduce the entire contract amount by $193,294.28 due to negotiating
lower prices on hardware and services; 2) correct an error in Section 5.1 "Fees" of the original
Agreement, and (3) to extend the Agreement an additional six (6) months, ending on September
12, 2005; and
D. On the November 1, 2006, the City and Tiburon, Inc. executed Amendment
Number 3 to the Agreement to allow Contractor to 1) finish developing the software features
required by the Agreement; 2) test the performance and integration of new software versions; 3)
train staff on features provided by the new versions of software; 4) install version of CAD/Ti
software that contains the required features; 5) correct any deficiencies found in the new
software versions and 6) complete preliminary and final acceptance tests; and
City Attorney Approved Version # 05.22.01
E. On September 11, 2007, the City and Tiburon, Inc. executed Amendment Number
4 to the Agreement to allow Contractor to complete preliminary and final acceptance tests; and
F. On February 19, 2008, the City and Tiburon, Inc. executed Amendment Number 5
to the Agreement to allow contractor additional time to work on Task 29 and granting final
acceptance of the Public Safety Information System; and
G. The Contractor has indicated that additional time is required to fully test the
Redundant County Interface in Task 29 and correct any deficiencies found during testing; and
H. The City is willing to grant Contractor additional time to complete Task 29; and
I. The Parties desire to extend the Agreement, as modified from time to time for an
additional period of seven (7) months.
J. The Agreement, as amended from time to time expired on May 30, 2008 and
Contractor continued to perform the services specified therein without the benefit of an
amendment to the Agreement.
K. The Parties desire to ratify this Sixth Amendment to the Agreement thereby
extending the term of the Agreement, and any amendments thereto, for a period of seven
months ending on December 31, 2008.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. Amendment No. 6 to the Agreement is hereby retroactively approved and the
Agreement is hereby extended for a period of seven months, ending on December 31,2008.
2. All other provisions of the Agreement, as may have been amended from time to
time, shall remain in full force and effect.
3. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for this
Amendment.
4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment.
City Attorney Approved Version # 05.22.01
CONTRACTOR CITY OF/n CARLSBAD, a municipal
Califoj;
(print name/title)
I'CL . 3r2.yirin.rttk (? 4-'.i>i/ro»ii ATTEST:
(e-mail address)
*By:LORRAINE M. WOOD
City Clerk
(sign here)
(print name/title)
(e-mail address)
If required by City, proper notary acknowledgment of execution by con'ffa'ctoinFriust be attached.
If a Corporation, Agreement must be signed by one corporate officer from each of the following
two groups.
*Group A. **Group B.
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President 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.
APPROVED AS TO FORM:
RONALD R. BA^SSity Attorney
Deputy City Attorney
City Attorney Approved Version # 05.22.01
CORPORATE CERTIFICATE OF AUTHORITY
I, Cindy M. Landis, Corporate Secretary of Tiburon, Inc., a Virginia
corporation (the "Corporation"),
DO HEREBY CERTIFY that the following is pursuant to a Unanimous Written
Consent of the Board of Directors of Tiburon, Inc. in Lieu of Meeting of the Board of
Directors on September 15,2008, and the same is now in full force and effect.
"RESOLVED, that the CEO, each President, each Vice President, the Treasurer,
Secretary, and Assistant Secretary and each of them, is authorized to execute and deliver,
in the name of and on behalf of the Corporation and under its corporate seal or otherwise,
any agreement or other instrument or document ('Contract') in connection with any
matter or transaction that shall have been duly approved; and the execution and delivery
of any Contract by any of the aforementioned officers shall be conclusive evidence of
such approval."
FURTHER, I CERTIFY that
James R. O'Neill is CEO
Jeffrey Stone is President
Bernie Demko is COO
Paul Murray is Treasurer
Maria Szymanek is Vice President Finance
Cindy M. Landis is Secretary
FURTHER, I CERTIFY that any of the aforementioned officers or
employees of the Corporation are authorized to execute and commit the Corporation to
the conditions, obligations, stipulations and undertakings contained in Contracts with,
and proposals submitted to, customers of the Corporation and that all necessary corporate
approvals have been obtained in relationship thereto.
IN WITNESS THEREOF, I have set my hand this 15th day of September,
2008
CORPORATE SEAL
Corporate Secretary
12242vl
AMENDMENT NO 5 TO EXTEND AND AMEND THE AGREEMENT FOR A FULLY
INTEGRATED PUBLIC SAFETY INFORMATION SYSTEM INCLUDING THE MAJOR
SUBSYSTEMS OF A COMPUTER AIDED DISPATCH SYSTEM, A POLICE MOBILE DATA
SYSTEM, A MESSAGE SWITCH, A MOBILE MAPPING SYSTEM, AN AUTOMATIC FIELD
LOCATION SYSTEM, AND THE COMPONENTS AND INTERFACES FOR THESE
SUBSYSTEMS WITH
TIBURON, INC.
iis Amendment Number 5 is entered into and effective as of the C3()**-' day of
JL h^jLLtut^- , 2008, extending and amending the Agreement dated September 12, 2003
(the Agreementfl) by and between the City of Carlsbad, a municipal corporation, ("City"), and
Tiburon, Inc. with its principal place of business at 6200 Stoneridge Mall Road, Suite 400,
Pleasanton, California 94588 ("Contractor") (collectively, the "Parties") for a fully integrated
Public Safety Information System, including the major subsystems of a Computer Aided
Dispatch System (CAD), a Police Mobile Data System (MDS), a Message Switch (MS), a Mobile
Mapping System (MMS), an Automatic Field Location System (AVL), and the components and
interfaces for these subsystems.
RECITALS
A. On September 12, 2003, the City entered into an eighteen (18) month Agreement
with Tiburon, Inc. for a fully integrated Public Safety Information system, including the major
subsystems of a computer Aided Dispatch System (CAD), a Police Mobile Data System (MDS),
a Message Switch (MS), a Mobile Mapping system (MMS), an automatic Field Location System
(AVL), and the components and interfaces for these subsystems; and
B. On May 26, 2004, the City and Tiburon, Inc. executed Amendment Number 1 to
the Agreement to 1) Remove the Push to Talk Interface; 2) Change Tiburon Mobile Mapping to
Maverick 9-1-1 Mobile Mapping; 3) Remove 29 18" Sony Flat Panel Displays; 4) Add one CARS
Development License; 5) Modify Advanced and Refresher training to be optional and 6) Change
CARS to CARS Data Warehouse; and
C. On December 8, 2004, the City and Tiburon, Inc. executed Amendment Number
2 to the Agreement to 1) reduce the entire contract amount by $193,294.28 due to negotiating
lower prices on hardware and services; 2) correct an error in Section 5.1 "Fees" of the original
Agreement, and (3) to extend the Agreement an additional six (6) months, ending on September
12, 2005; and
D. On the November 1, 2006, the City and Tiburon, Inc. executed Amendment
Number 3 to the Agreement to allow Contractor to 1) finish developing the software features
required by the Agreement; 2) test the performance and integration of new software versions; 3)
train staff on features provided by the new versions of software; 4) install version of CAD/Ti
software that contains the required features; 5) correct any deficiencies found in the new
software versions and 6) complete preliminary and final acceptance tests; and
City Attorney Approved Version # 05.22 01
1
E. On September 12, 2007, the City and Tiburon, Inc. executed the Amendment
Number 4 to the Agreement to allow Contractor to complete preliminary and final acceptance
tests; and
F. The Contractor has indicated that additional time is required to complete Task 29
which does not affect the City's ability to move forward with final acceptance of the fully
integrated Public Safety Information system as further defined and modified, from time to time
by Amendments to this Agreement; and
G. The City is willing to grant Contractor additional time to complete Task 29; and
H. The Parties desire to extend the Agreement, as modified from time to time for an
additional period of three (3) months.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. That the above recitals are incorporated herein by this reference.
2. That the Agreement is hereby extended for a period of three months from
February 28, 2008, and ending on May 31,2008.
3. All other provisions of the Agreement, as may have been amended from time to
time, shall 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, shall include coverage for this Fifth
Amendment and remain in full force.
5. The individuals executing this Fifth Amendment and the instruments referenced
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 hereof of this Amendment
(Remainder of Page Intentionally Left Blank)
City Attorney Approved Version # 05.22.01
CORPORATION CERTIFICATE OF AUTHORITY
I, William C. Rock, Corporate Secretary of Tiburon, Inc., a Virginia corporation (the
"Corporation"),
DO HEREBY CERTIFY that the following is pursuant to a Consent of Directors in Lieu of a
Meeting of the Board of Directors on January 01, 2008.
RESOLVED: That the following named persons be, and each hereby is, elected for the
offices of the Corporation set forth below, to be held in accordance with the Bylaws of the
Corporation:
CEO/President Gary Bunyard
Senior Vice President Operations Robert L. Brown Jr.
Vice President and Treasurer Geoffrey F. Feidelberg
Secretary William C. Rock
Vice President Sales Kenneth Peters
FURTHER, I CERTIFY that any of the aforementioned officers or employees of the
Corporation are authorized to execute and commit the Corporation to the conditions, obligations,
stipulations and undertakings contained in Contracts with, and proposals submitted to, customers
of the Corporation and that all necessary corporate approvals have been obtained in relationship
thereto.
IN WITNESS THEREOF, I have set my hand this 1st day of January, 2008
CORPORATE SEAL
<ifany)
Corporate Secretary
P:\Bill Rock\C Drive\LEGAL\Consents\Tiburon\TiburonCeitificate of Authority 01-01-08.doc °(
CONTRACTO
*By:
Gary T. Bunvard/President/CEO
(print name/title)
CITY O
corporal
By:
gary.bunyard@tiburoninc.com
(e-mail address)
ATTEST:
**By:
(sign here)
(print name/title)
(e-mail address)
If required by City, proper notary acknowledgment of execution by contractor must be attached
If a Corporation. Agreement must be signed by one corporate officer from each of the following
two groups.
*Group A. **Group B.
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President 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.
APPROVED AS TO FORM:
RONALD^?9ALL, City Attorney -
B
Deputy City Attorney
City Attorney Approved Version # 05.22.01
RATIFICATION OF AMENDMENT NO 4 TO EXTEND THE AGREEMENT FOR A FULLY
INTEGRATED PUBLIC SAFETY INFORMATION SYSTEM INCLUDING THE MAJOR
SUBSYSTEMS OF A COMPUTER AIDED DISPATCH SYSTEM, A POLICE MOBILE DATA
SYSTEM, A MESSAGE SWITCH, A MOBILE MAPPING SYSTEM, AN AUTOMATIC FIELD
LOCATION SYSTEM, AND THE COMPONENTS AND INTERFACES FOR THESE
SUBSYSTEMS WITH
TIBURON, INC.
This Amendment Number 4 is entered into and effective as of the lot day of
Slpflm-bl-r . 2007, extending the Agreement dated September 12, 2003 (the
"Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and
Tiburon, Inc. with its principal place of business at 6200 Stoneridge Mall Road, Suite 400,
Pleasanton, California 94588 ("Contractor") (collectively, the "Parties") for a fully integrated
Public Safety Information System, including the major subsystems of a Computer Aided
Dispatch System (CAD), a Police Mobile Data System (MDS), a Message Switch (MS), a Mobile
Mapping System (MMS), an Automatic Field Location System (AVL), and the components and
interfaces for these subsystems.
RECITALS
A. On September 12, 2003, the City entered into an eighteen (18) month Agreement
with Tiburon, Inc. for a fully integrated Public Safety Information system, including the major
subsystems of a computer Aided Dispatch System (CAD), a Police Mobile Data System (MDS),
a Message Switch (MS), a Mobile Mapping system (MMS), an automatic Field Location System
(AVL), and the components and interfaces for these subsystems; and
B. On May 26, 2004, the City and Tiburon, Inc. executed Amendment Number 1 to
the Agreement to 1) Remove the Push to Talk Interface; 2) Change Tiburon Mobile Mapping to
Maverick 9-1-1 Mobile Mapping; 3) Remove 29 18" Sony Flat Panel Displays; 4) Add one CARS
Development License; 5) Modify Advanced and Refresher training to be optional and 6) Change
CARS to CARS Data Warehouse; and
C. On December 8, 2004, the City and Tiburon, Inc. executed Amendment Number
2 to the Agreement to 1) reduce the entire contract amount by $193,294.28 due to negotiating
lower prices on hardware and services; 2) correct an error in Section 5.1 "Fees" of the original
Agreement, and (3) to extend the Agreement an additional six (6) months, ending on September
12, 2005; and
D. On the November 1, 2006, the City and Tiburon, Inc. executed Amendment
Number 3 to the Agreement to allow Contractor to 1) finish developing the software features
required by the Agreement; 2) test the performance and integration of new software versions; 3)
train staff on features provided by the new versions of software; 4) install version of CAD/Ti
software that contains the required features; 5) correct any deficiencies found in the new
software versions and 6) complete preliminary and final acceptance tests; and
City Attorney Approved Version # 05.22.01
E. The Agreement, as amended from time to time, expired on June 30, 2007 and
Contractor continued to perform the services specified therein without the benefit of an
amendment to the Agreement.
F. The Parties desire to ratify this Fourth Amendment to the Agreement thereby
extending the term of the Agreement, and any amendments thereto, for a period of eight months
to allow Contractor to complete preliminary and final acceptance tests; and
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. Amendment No. 4 to the Agreement is hereby retroactively approved and the
Agreement is hereby extended for a period of eight months from June 30, 2007, ending on
February 28,2008.
2. All other provisions of the Agreement, as may have been amended from time to
time, shall remain in full force and effect.
3. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for this
Amendment.
4. The individuals executing this Amendment and the instruments referenced
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 hereof of this
Amendment.
CONTRACTOR
*By:
(sign'herey
Kenneth E. Elmer/Sr. VP - Finance
(print name/title)
icipal
Ken.Elmer(g)tiburoninc.com
(e-mail address)
'By:
(sign here)
(print name/title)
(e-mail address)
ATTEST:
LORRAINE M.
City dark
City Attorney Approved Version # 05.22.01
If required by City, proper notary acknowledgment of execution by contractor must be attached.
If a Corporation. Agreement must be signed by one corporate officer from each of the following
two groups.
*Group A. **Group B.
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President 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.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
City Attorney
City Attorney Approved Version # 05.22.01
RATIFYING OF AMENDMENT NUMBER 3 TO EXTEND AND AMEND THE AGREEMENT
FOR A FULLY INTEGRATED PUBLIC SAFETY INFORMATION SYSTEM INCLUDING
THE MAJOR SUBSYSTEMS OF A COMPUTER AIDED DISPATCH SYSTEM(CAD), A
POLICE MOBILE DATA SYSTEM (MDS), A MESSAGE SWITCH (MS), A MOBILE
MAPPING SYSTEM (MMS), AN AUTOMATIC FIELD LOCATION SYSTEM (AVL), AND
THE COMPONENTS AND INTERFACES FOR THESE SUBSYSTEMS WITH
TIBURON, INC.
This Amendment Number 3 is entered into and effective as of the rJlS" day of
S/9 a a ejm iuuir , 2006, extending and amending the Agreement dated September 12, 2003
(the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and
Tiburon, Inc. with its principal place of business at 6200 Stoneridge Mall Road, Suite 400,
Pleasanton, California 94588("Contractor") (collectively, the "Parties") for a fully integrated
Public Safety Information System, including the major subsystems of a Computer Aided
Dispatch System (CAD), a Police Mobile Data System (MDS), a Message Switch (MS), a Mobile
Mapping System (MMS), an Automatic Field Location System (AVL), and the components and
interfaces for these subsystems.
RECITALS
A. On September 12, 2003, the City entered into an eighteen (18) month Agreement
with Tiburon, Inc. for a fully integrated Public Safety Information system, including the major
subsystems of a computer Aided Dispatch System (CAD), a Police Mobile Data System (MDS),
a Message Switch (MS), a Mobile Mapping system (MMS), an automatic Field Location System
(AVL), and the components and interfaces for these subsystems; and
B. On May 26, 2004, the City and Tiburon, Inc. executed Amendment Number 1 to
the Agreement to 1) Remove the Push to Talk Interface; 2) Change Tiburon Mobile Mapping to
Maverick 9-1-1 Mobile Mapping; 3) Remove 29 18" Sony Flat Panel Displays; 4) Add one CARS
Development License; 5) Modify Advanced and Refresher training to be optional and 6) Change
CARS to CARS Data Warehouse; and
C. On the December 8, 2004, the City and Tiburon, Inc. executed Amendment
Number 2 to the Agreement to 1) reduce the entire contract amount by $193,294.28 due to
negotiating lower prices on hardware and services; 2) correct an error in Section 5.1 "Fees" of
the original Agreement, and (3) to extend the Agreement an additional six (6) months, ending on
September 12, 2005; and
D. The Agreement, as amended from time to time expired on September 12, 2005
and Contractor continued to perform work on the services specified therein without the benefit of
an amendment to the Agreement; and
E. The Parties now desire to alter the Agreement's Term and Project Schedule to
allow Contractor additional time to 1) finish developing the software features required by the
Agreement, as amended from time to time; 2) test performance and integration of new software
versions; 3) train staff on features provided by the new versions of software; 4) install version of
CAD/Ti software that contains the required features; 5) correct any deficiencies found in the new
software versions and 6) complete preliminary and final acceptance tests; and
City Attorney Approved Version #05.22.01
F. The Parties now desire to alter the Agreement's Pricing and System Deliverables
to: 1) Remove remaining mobile hardware; 2) Add a redundant county interface and 3) Add File
Maintenance Synchronization. As a result, this Amendment reduces the entire contract amount
by $23,903; and
G. The Parties have negotiated and agreed to an amended Pricing and System
Deliverables, which is attached to and incorporated by this reference as Exhibit "A", Amended
Pricing and System Deliverables; and
H. The Parties now desire to extend the Agreement from September 12, 2005 (the
date the Agreement expired) to June 30, 2007 and have negotiated and agreed upon an
amended Project Schedule which is attached and incorporated by this reference as Exhibit "B",
Amended Project Schedule; and
I. The Parties have negotiated and agreed to an amended Payment Schedule,
which is attached to and incorporated by this reference as Exhibit "C", Amended Payment
Schedule.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. The above recitals are true and are incorporated herein by this reference.
2 During the Business Practice Review process, the City discovered that the
Contractor was not able to provide a required feature, Phase II Wireless, in version 2.1 of the
CAD/TI software originally installed and implemented at the Carlsbad Police Department. The
Contractor requested and the City agreed to give the Contractor more time to complete the
Phase II wireless feature and to install a newer version of the CAD/TI software.
a. The Contractor installed version 2.2 of the CAD/Ti software, performed three
days of functional testing with the City and provided training on the new
features included in the new software version
b. The go-live date was rescheduled for May 10, 2005
c. The product went live on May 10, 2005 and was missing required features
and functionality. Therefore, Contractor agreed to redesign the software to
meet City's requirements and thereafter released a new version of that
software containing the missing required features.
3. That the Agreement, as may have been amended from time to time, is hereby
extended and will now terminate no later than June 30, 2007.
4. The Contractor will install and implement version 2.2.2 of CAD/Ti, hereafter
known as Task 27, and described by the following:
a. Scope Description: Contractor will implement version 2.2.2 of CAD/Ti in
order to provide the mission functionality described below:
i. Calculated Routing - Unit recommendation by determining the
shortest route,
ii. Via the MDS interface, display the unit's current location on the mobile
City Attorney Approved Version #05.22.01
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map in the vehicle,
iii. Via a transaction on the MDS system, the mobile operator can
request a display of the AVL location of all other units. These units will
be shown on the mobile map, in fixed positions,
iv. Mobile users request the mobile map application calculate and
illustrate a recommended route between the unit's current position
and the incident location.
b. Contractor responsibilities:
i. Install version 2.2.2 of CAD/TI in the City's training environment
ii. Provide the most recent version of the Geofile Construction Tool and
instruct City personnel via telephone conference call on any new
features.
iii. Respond to questions the City has related to updating the geofiles
with calculated routing data.
iv. Assist City in upgrading Maverick 911 mapping to version 5
v. Provide, implement and test new mobile client in City's training
environment
vi. Provide remaining training:
1. Provide training to the City on the new CLETS Screen
Reformattertool.
2. Provide nine hours of Crystal Reports development.
3. Provide Crystal Reports training.
4. Provide Dispatch Refresher Training Sessions
5. Provide Dispatch Supervisor Training
6. Assist city in the preparation for training.
c. City responsibilities:
i. Designate a person to be the principal point of contact for all technical
questions and administrative arrangements relating to Task 27.
ii. Provide VPN access to the affected systems for Tiburon technical
personnel.
iii. Assist Contractor in testing of version 2.2.2 of CAD/ti in City's training
environment,
iv. Provide training room, workstations and network connectivity for
dispatcher training,
v. Install new mobile client and mapping software in police vehicles.
d. This work will be considered complete once Tiburon has achieved Final
Acceptance as defined in the Agreement.
e. Task 27 will be performed as scheduled in Exhibit B, Amended Project
Schedule.
5. The Contractor will install and implement CAD/Ti File Maintenance
Synchronization, hereafter known as Task 28, and described by the following:
a. Scope Description: the Contractor will provide the services required to create
a batch file to synchronize the file maintenance tables between the training
and live CAD/Ti databases. A batch command will be configured to provide
the synchronization
b. Contractor responsibilities:
i. Provide services per the "Scope Description".
ii. Install an Oracle-based batch file on the City CAD/Ti systems.
City Attorney Approved Version #05.22.01
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iii. Test and correct any discrepancies found.
iv. Verify log file creation.
v. Provide one hour telephone overview including review of batch file,
log file location and monitoring instructions to the City,
vi. Provide a two to three page document explaining how to run the batch
file and how to check the status to ensure it was successful.
c. City responsibilities:
i. Designate a person to be the principal point of contact for all technical
questions and administrative arrangements relating to Task 28.
ii. Provide VPN access to the affected systems for Tiburon technical
personnel,
iii. Run batch file whenever City wants to synchronize the file
maintenance tables between the training and live CAD/Ti databases,
iv. Report any synchronization failures, based on the logs, as a Technical
Service Request to the Tiburon Client Support Center.
d. This work will be considered complete once Tiburon has:
i. Installed and tested the CAD/Ti File Maintenance synchronization
batch file,
ii. Performed test with City assistance to verify that the CAD/Ti File
Maintenance synchronization batch file completes successfully,
iii. Delivered documentation and training as specified in Contractor
responsibilities.
e. The parties also agree that:
i. Synchronization of the CAD/Ti file maintenance tables cannot occur
during upgrades or any time when the table structures in the training
and live systems are not identical,
ii. Task 28 will be scheduled to commence at a mutually agreeable date
after Change Proposal acceptance and execution of this Amendment,
iii. Task 28 will be performed as scheduled in Exhibit B, Amended Project
Schedule
iv. Completion of Task 28 will not prevent the start of the system
acceptance test.
f. The Contractor will receive a fixed not to exceed price of $3,434 upon
completion of Task 28 according to the following terms:
a. Task 28 will be considered complete when Tiburon has installed and
tested the CAD/Ti File Maintenance synchronization batch file,
performed test with City assistance to verify that the CAD/Ti File
Maintenance synchronization batch file completes successfully, and
Tiburon has provided Task 28 documentation and required training.
b. Task completion will be confirmed by the City's signature on the task
sign-off letter prepared by Tiburon.
6. The Contractor will install and implement a Redundant County Interface,
hereafter known as Task 29, and described by the following:
a. Scope Description:
i. Modify the MsLink program to handle two "load balanced" connections
to two instances of the MQ Series interface application, running on
two separate servers.
ii. Provide second MQ Series software and license.
b. Contractor responsibilities:
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i. Prepare internal design documents.
ii. Install and configure MQ Series software on City server.
iii. Modify the application per the "Scope Description" and the internal
design documents.
iv. Install the modified code in the City's training environment and test,
v. Correct any discrepancies found during testing, based on the "Scope
Description" and the internal design documents post client testing,
vi. Install application in the City's production environment and test,
vii. Provide a two to three page document describing the redundant
interface,
viii. Provide up to two hours telephone conference call training.
c. City responsibilities:
i. Designate a person to be the principal point of contact for all technical
questions and administrative arrangements relating to Task 29.
ii. Provide VPN access for Tiburon development personnel.
iii. Provide server for second MQ Series software.
iv. Perform any necessary coordination with eSUN.
v. Test the code for conformance with the "Scope Description" and the
test document (if any) provided by Tiburon.
d. This work will be considered complete once Tiburon has:
i. Installed and tested the redundant county interface,
ii. Successfully demonstrated failover in the production environment,
iii. Delivered documentation and training as specified in Contractor
responsibilities.
e. The parties also agree that:
i. Task 29 will be performed in conjunction with the installation of CAD/Ti
version 2.2.2 and as scheduled in Exhibit B, Amended Project
Schedule. Completion of this Task 29 will not prevent the start of the
system acceptance test.
ii. Products or services from eSUN are not included and are the
responsibility of the City.
iii. Tiburon is not providing any warranty or maintenance services for the
MQ Series software.
f. The Contractor will receive a fixed not to exceed price of $39,281 for Task 29
services and software provided in Task 29 according to the following Payment
Schedule and completion criteria:
i. This amount does not include taxes levied by any government
agency for technical services. Taxes for technical services, if
applicable, are the responsibility of the City.
ii. Upon successful installation of the MQSeries software on the City
server, Tiburon will receive an initial payment of $15,712.
iii. Upon completion of the installation and testing of the Redundant
County Interface, successful demonstration of fail-over in the
production environment and the delivery of Task 29 documentation
and completed Task 29 training, Tiburon will receive a second
payment of $15,712.
iv. Task 29 will be eligible for completion once the Redundant County
Interface has been functioning in the production environment for a
period of 30 consecutive days with a 99% uptime. Tiburon shall
submit a letter to the City requesting sign-off thereby signifying Task
City Attorney Approved Version #05.22.01
5 of 8
29 completion.
v. Upon completion of Task 29 the City will confirm Tiburon's request
for Task 29 completion by signing a task completion letter prepared
by Tiburon.
vi. Upon City's sign-off of Task 29, Tiburon will receive the final
payment of $7857.
g. The Tiburon annual maintenance fee for Task 29 is $1600, which will begin at
the conclusion of the system warranty period and will be billed annually.
7. The Parties agree to reduce the entire contract amount by $66,617.53 and
remove the below listed items from the equipment list:
Description
MDC Hardware for Motorcycles
Laptop Hardware for Detectives
Spare Mobile Hardware ruggedized laptop
Spare Mobile Hardware
MDC Pill Upgrade (counted twice in
Amendment 2)
TOTAL
Amount
$36,966.00
$12,380.00
$6,190
$5,810
$480.00
$61,826.00
Sales Tax
$2,864.87
$959.45
$479.73
$450.28
$37.20
$4,791.53
Total
$39,830.87
$13,339.45
$6,669.73
$6,260.28
$517.20
$66,617.53
8. The Parties agree that this Amendment shall be retroactive to September 12,
2005 and extended as set forth herein.
9. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
10. 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.
11. That Section 28 Notices and Invoices is hereby amended to insert the following:
And a copy to Tiburon's project manager:
Tiburon, Inc.
180 N. Riverview, Suite 230
Anaheim Hills, CA 92808
C: 510.579.1450
F: 925.621.2700
www.tiburoninc.com
Attn: Richard Artusy
Project Manager
rich.artusy@tiburoninc.com
12. That Section 1.10 Final System Acceptance is hereby amended to read:
6 of 8
City Attorney Approved Version #05.22.01
°l
been successfully completed by Tiburon and accepted by the City, and (3) after
acceptance and required approvals by the City Council, the City has executed a Final
Acceptance Document indicating all terms and conditions of this Agreement have been
successfully completed by Tiburon.
13. In the event that the Tasks listed above in Sections 4, 5 & 6 directly conflict with
the provisions of the Agreement, including any Exhibits thereto, as amended from time to time, it
is the intent of the Parties that this Amendment shall take precedence over the conflicting term
or provision.
14. 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. Further, it is
intended by the Parties that each of its signatures shall constitute a ratification of the
Agreement, as amended from time to time.
CONTRACTOR
*By:
(sign here)
Kenneth E. Elmer/Sr. VP - Finance & Admin.
(print name/title)
Ken.Elmer@tiburoninc.com _
layor
ATTEST:
(e-mail address)
"By:
(sign here)
frJ.C.
LORRAINE M. WOOD
City Clerk
(print name/title)
U > fto ck 6L Co #iu
(e-mail address)
(Remainder of Page Intentionally left blank)
7 of 8
City Attorney Approved Version #05.22.01
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation. Agreement must be signed by one corporate officer from each of the
following two groups.
*Group A. **Group B.
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President 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.
APPROVED AS TO FORM:
RONALD R. BAU^City Attorney
jputy City Attorney
City Attorney Approved Version #05.22.01
8 of 8
City of Carlsbad, CA
Computer Aided Dispatch and Mobile Data System
Pricing Summary Modified per Amendment No. 3
Exhibit A
Tiburon Price Proposal Totals
Computer Aided Dispatch -- CAD/Ti
CAD/Ti Workstations
CAD Status Mapping
AVL - Automatic Vehicle Location
CAD Interfaces and Subsystems
Field Automation System - FAS
Message Switch Interfaces:
Supporting Systems
Other Technical and Professional Services
Subtotal Tiburon Software and Services
Total Equipment and Third-Party Software:
1 00% Performance Bond
Total Project Price;
7.75% Software Licenses Sales Tax:
7.75% Equipment and Third-party Software Sales Tax:
Total Project Price, including tax:
$215,603
$29,250
$81,322
$40,868
$42,848
$121,394
$184,822
$17,272
$491,093
$1,224,472
$517,741
$21,000
$1,763,213
$18,262
$39,707
$1,821,182
Proposed Options (tax not included)
52 Optional Services - Motorola Modem Install
52 Optional Motorola Mobile Data Radio
2 Optional Motorola Mobile Data Radio - Spares
Padcom Option
1 Motorola RNC Interface
52 Trimble GPS Receivers
2 Trimble GPS Receivers - Spares
$10,400
$193,200
$7,080
$69,250
$22,139
$53,040
$2,040
Estimated total annual maintenance:
Sales tax
Total
$112,950
$8,754
$121,704
Tiburon, Inc.Price Summary Page 1 of 1 Amendment 3 - June 16, 2006
City of Carlsbad, CA
Computer Aided Dispatch and Mobile Data System
CompuDyne Software and Services Pricing Modified per Amendment No. 3
Exhibit A
Qty Description
Software Technical Warr/Maint
Licenses Services Totals Component Comments
Computer Aided Dispatch - CAD/Ti
|CAD Nucleus (1 service type, 1 agency) $32,000 $32,000 $15,330
Optional modules:
Calculated routing (requires AVL and mapping) 52,900 | $40,222! $43,122 j S600 Phase II Cellular Included.
25% License discount
Data Conversion
1
1
3
1
2
Business Practice Review, Configuration, Tailoring
Software Installation, Testing, Certification
CAD General and Administrator training class
CAD Configuration file and table training class
CAD Dispatcher/calltaker training classes
CAD ProQA/SIP training
CAD Supervisor supplementary training classes
Subtota
($8,725)| ($8,725)1
not included
$26,175
$33,876 i $33,876
$80,484
$7,568
$4,541
$19,707
$80,484
$7,568
$4,541
$19,707
; $1,583 $1,583
$1,447 $1,447
$189,428 $215,603 $15,930
CAD/Ti Workstations
Site
Site
25%
CAD/Ti dispatch/calltaker workstation licenses
CAD/Ti calltaker/stalus workstation licenses
License discount
Subtota
L $39,000
($9,750)
$29,250 $0
$39,000
incl in above
($9,750)
$29,250
$7,800
$7,800
CAD Status Mapping
16 i Total CAD Status Map Licenses:
1
15
1
1
1
(qtyi)
(qty 2-25)
CAD interface
Map data server software (MapSetup)
Mapping Technical Services
Subtotal
$10,500
$36,000
$9,000
$7,000
$62,500
$18,822
$18,822
$10,500
$36,000
$9,000
$7,000
$18,822
$81,322
$1,785
$5,355
$1,785
$1,190
$10,115
AVL - Automatic Vehicle Location
AVL Subsystem
53 AVL Mobile Licenses - Concurrent
25%
Mapping with AVL replay
Installation, Testing, Certification
License discount
Subtotal
$10,500
$2,090
($3,148)
$9,442
$10,500
$31,426
$31,426
$2,090
not included
$31,426
($3.148)
$40,868
$2,100
$500
$2,600
CAD Interfaces and Subsystems
1
1
1
1
0
1
E911 interface
Phase II Cellular Extension
Master time interface (Netclock)
$1,800
$1,200
$1,200
Waster time to Vesta and Voiceprint $800
Push to Talk, Emergency display (SIMS-II async) '
Alphanumeric Paging with dispatch interface
Refresher Training
Advanced Training
1 Strategic Incident Protocol system (SIP)
9
25%
1
SIP workstation software
License discount
File Maintenance Scripting Tool
Subtotal
$6,400
$3,200
$2,610
($4,303)
$4,885
$3,801
$1,506
$5,833
$6,685
$5,001
$2,706
$6,633
; not included
$5,721
$2.506
$2,255
$3,434
$12,907 I $29,941
$12,121
not included
not included
$5,706
$4,865
($4,303)
$ 3,434
$42,848
$400
$300
$300
$200
$1,300
$700
$600
$3,800
Removed per Amendment No. 1 .
Removed per Amendment No. 1 .
Removed per Amendment No. 1 .
CP-015
Field Automation System - FAS
site MDS workstation software $44,625 $44,625 $7,600 I
CompuDyne PS, Inc.Software and Services Page 1 of 2 Amendment 3 - June 16, 2006
City of Carlsbad, CA
Computer Aided Dispatch and Mobile Data System
CompuDyne Software and Services Pricing Modified per Amendment No. 3
Exhibit A
Qty Description
Software Technical Warr/Maint
Licenses Services Totals Component Comments
sitejMDS Mobile Mapping Workstation software $22,125 $22,125
1
1
MDS system base $17,500' $17,500
Map system base $9,500 $9,500
$3,800
$6,070
$1,700
25% i License discount ($23,438)
I
($23,438)
Business Practice Review, Configuration, Tailoring $9,218 $9,218
Software Installation, Testing, Certification \ i $38,971 $38,971
1 MDS User Training Classes j ; $2 893 : S2 893
Subtotall $70,312 $51,082 $121,394 $19,170
Message Switch Interfaces:
25%
CDMA/GPRS Interface $9,600
SUN Interface via MQ Series API
TCP/IP interface to State of CA $7,500
Tiburon Message Reformatter $4,500
Reformat modifications
Special Forms
License discount
1 |MSS system administration training class
1 iReformatter User Training Class
1 Redundant MQ Series Interface
$38,460
$76,920
$5,176
$8,987
($5,400)
$5,716
$2,893
$30,470
I
Subtotal! $16,200 $168,622
$48,060
$76,920
$12,676
$4,500
$8,987
not included
($5,400)
$5,716
$2,893
$30,470
$184,822
$5,864
$7,728
$1,500
$900
$1 ,600
$17,592
Optional development of 40 forms. Deleted in
Amendment 2.
CP-018
Supporting Systems
1
2
25%
CARS MIS Reporting development software
CARS Secondary Development Workstations
CARS Reports Development (2 days on-site)
CARS User Training Class
License discount
$6,400
$1,600
($2,000)
Subtotal $6,000
$4,714
$1,553
$2,275
$2,730
$11,272
$11,114 : $1,100
$3,153
$2,275
$2,730
($2,000)
$17,272
$300
$1,400
Other Technical and Professional Services
I Geographic file conversion tools and services
1 | GCT User Training Classes
25%
2
License discount
Crystal Reports Training
Workstation setup and software configuration
Server/network installation and support services
Remove SI on Monitors
Systems Integration
Project Management
Subtotal
$3,800 i $27,253
i $4,793
($950)
$2,850
$8,780
$17,383
$17,677
($4,838)
$31,053
$4,793
($950)
$8,780
$17,383
$700
$17,677
($4,838)
$129,400 $129,400
$287,795 ! $287,795
$488,243 $491,093 $700
'- '*L)censeandServicesTbtalsr M$Z35,636 ,$988,836 $i;i24,472 '$79,107 ^ . , ' , , >!»
Optional Systems and Subsystems • "',,'• , ; , ' ; ,; ,t „,; "• " • ' • ' • < ; ,y t' "
Motorla RNC Interface $22,139 $1 ,000
. , License and Services Totals: $0 $0 $22,139 $1,000
CompuDyne PS, Inc.Software and Services Page 2 of 2 Amendment 3 - June 16, 2006
City of Carlsbad, CA
Computer Aided Dispatch and Mobile Data System
Equipment Pricing Modified per Amendment No. 3
City of Carlsbad, CA
j>gseripti<
Unit Extended
Price Price
Extended
Warranty
Fault Tolerant C AD/MS S/AVL Server
1 :fiserver3300,4U. 1-wayDMR,24 GHz CPU. 512 KB Cache with Microsoft
: Windows 2000 Advanced Server and 25 CALS. Rack -mount able
1 English Windows 2000 Advanced Server' & siratus ftSSS
0 Ventas Volume Manager License for Microsoft Windows 2000
8 ftServer 51 2MB Memory Module
4 Ultra160 SCSI Enclosure Disk Slol Filler Panel
10 36GB 10KRPM-Ultral6D SCSI- for UHra160 SCSI Disk Storage System
1 Expansion fIServer 14-slal Ultra160 SCSI Disk Storage System with Spli;
Backplane
2 ftServer 18GB 3.5 15,000 RPMUIlral 50 Disk Drive
1 fIServer External DLT BOOO Tape Drive
1 ;Fault-ToleranlASN Attach Kit
1 ' fIServer PCI Slol Filler Panel (price included in base model)
1 ftServer Eight Port Asynchronous PCI Adapter
2 Ullra1602portSCSI HBA-Glogic 12160
1 ftServer External Tape Controller Cable - 1 0 feet
3 N.American Power Cord Chicago/Japanese 120 VAC,15 Amp,NEMA5-15- 7fl
V ftServer Power Cable Pair, 120 VAC/ 15 A. Plug Type NEMA 5-15, 7 feet (price
included in base rnodel)
1 Rack Bezel Label kit for Stratus (price included in base model)
1 4U Sonic Low-voltage Label (price included in base model)
4 . Disk slot filler panel (price included in base system)
1 fIServer Rack Bezel (price included in base model}
1 ftServer 3300 Stratus 4U rack packaging (price included in base model)
1 ftServer 3300 Limited Installation (M-F. local business hours, within Stratus service
rad.us)
1 InslaH ftServer 3300 in Rack
1 Six months Stratus support while system in staging
1 Annual Support first year: ftServer 3300. 4U, 1-way DMR, 2.4 GHz CPU. 512KB
Cache wilh Microsoft Windows 2000 Advanced Server and 25 CALS, Rack-
mountable
1 :Annuai Support firsl year: Expansion ftServer 14-slot Ultra160 SCSI bisk Storage
: System with Split Backplane
1 Annual Support first year; ftServer External DLT 8000 Tape Drive
" Y Oracle RDBMS I Software
1 Oracle RDBMS i Software- Annual Support 1-year
1 Symanlec PC Anywhere V 1 0.5 Host and Remote
1 EC Software Help & Manual 3 Single User License
1 : EC Software Help & Manual 3 Additional User License
1 ;Winzip compression Software
1 ;AvocenlKVM CaoieUSB-B'
1 i Miscellaneous Equipment and Cabling
1 :Annual Support 2nd year: Expansion ftServer 14-slot Ultra160 SCSI Dish Storage
System wilh Split Backplane
1 Annual Support 2nd year; "ftServer External DLT 8000 Tape Drive ......
1 : Annual Support 2nd year. ftServer 3300. 4U. 1-way DMR^ 24 GHz CPU, 512 KB
Cache with Microsoft Windows 2000 Advanced Server and 25 CALS, Rack-
mountabte
1 ". Annual Support 3rd yew' Expansion ftServer 14-stot Ultra160 SCSI Disk Storsge
System with Split Backplane
1 Annual Support 3rd year: ftServer External DLT BOOO Tape Drive
1 = Annual Support 3rd year. ftServer 3300, 4U, 1-way DMR. 2.4 GHz CPU, 512 KB
Cache with Microsoft Windows 2000 Advanced Server and 25 CALS, Rack-
: mount able
1 Shipping/Handling
Subtotal
CARS S»rv«r/CAD Training Environment/Map Server
1 HP (Compaq) ProLianl ML350R03 2.2GHz Inlel Xeon processor, 512MB RAM,
48X Max CD-ROM. 10/100/1000 Ethernet
1 iGBx 1 PC2100DDR
2 18.2GB 1 SKrpm U320 UNI HDD
3 364GB 10KrpmU32Q UNI HDD
1 . DLT VS 40/80 Tape Drive, Internal
1 :NC3134 64 PCI Dual 10/100 All option kit
1 : Hot Rug Redundant Power Supply (ML350 G3)(No IEC Power Cord)
1 HP (Compaq) System Support: 24-Hour x 7-Day, 4-Hour Response On-Site
Coverage - 3 Years
1 Microsoft Windows 2000 Opef aling System; 5-user Clienl Access License
I Oracle RDBMS Software
1 Oracle RDBMS Software • Annual Support 1-year
1 Symantec PC Anywhere V10.5 Host and Remote
1 ; Avocenl KVM Cable PS/2 - 8'
1 Digi Acceleporl High-speed multi-modem adaplei
modular connectors
1 i Miscellaneous Equipment and Cabling
1 i Shipping/Handling
P3101R-1D-A5 $19,159 13 MoWarr
S0401S-EN
S0420
U22B
AA382S
D522"
D529
D533
T513
AK403
F9583
U4B6
U521
B1046-01
B501-01
S999
£599
1424
517
$479
$5,300
$469 •
S3. 6 95
$2,200
included
$l",095 '
$466 :si'is'
$25 :
$999
not included
$3,392
$68
$4.790
$5,300
$936
$3,695
"$2,20Q '
included
$1,095
$976
$115
$75
16 month warranty from date of purchase; covered under 2 differer
Extended warranty (2 additional years) added B/26.
analog modems with RJ-11
Subtotal
WabQuery Server
1 HP (Compaq) ProLiant DL360G3 2.8 bundle with 2.8GHz Intel Xeon processor.
1GB RAM, 24X Max CD-ROM, 2 x 107100/1000 Ethernet, Smart Array Si Plus
Controller
1 :1GB PC2100DDR(2x512MB)
1 ; Battery Backed Write Cache (BBWC) Enabjer
2 1B.2GB15KrpmU320UNI HDD
1 ^NC3123 Fast Ethernet NIC PCI 10/100 Wake on LAN
1 HP (Compaq) System Support: 24-Hour x 7-Day, 4-Hour Response On-Site
Coverage - 3 Years
1 Microsoft Windows 2000 Operating System; 5-user Client Access License
1 Symanlec PC Anywhere V10.5 Host and Remote
1 Ai/ocent KVM Cable PS/2 - 8"
1 Snipping/Hand ling
Subtotal
AK432-01
AK433
AS390
MA632
PA1068
CSIN0016
CSIN0017
P3101R-1D-AS
!D529
T513
07-00-03411
iCUSB-8
D529
T513
iP3101R-1D-AS
YD529
.T513
.P3101R-1D-AS
included
included
included
included i
included
$950
$800 f
S3.31B '
$8,700
$3.480
$1.092^
$15,000 '
$2,850
$185
$269
$99 "
$35
$55
$250
$3,541 •'
$1.112
$8,853
$3754"'" '
$1,178 :
$9.385 ;
included
included
induded
included
included
$950
$300
$3,318
$8.700
$3,480
$1,092
$15.000
$2.850 f
$165 '
$269
$99
$35
£55
$250
$3,541
$1.112
$8,853
$3.754
$1,178
" $9,365
$8,700
$3,480
$1,092
$2,850
$268 J
$107.995 ; 516,122 j
24/7 4 Hour Response for 3 Years
$2.249 :3 Yr Support
1 : HP (Compaq) Rack Model 10642 (42U) - Rat Pallet
4 i HP (Compaq) Blanking Panels (Multi Graphite)
1 ; HP (Compaq')42 Side Panel - (Graphite Metaiiicj
267497-B21
286775-B22
266713-B22
2B0129-B21
138603-B21
283655-B21
: FM-EL724-36
C1 1-0001 6
07-00-03411
iCIFCA-B
770005B3
308724-001
300679-B21
255514-B21
2S6775-B22
174830-821
FM-EL724-36
C1 1-00016
07-00-03411
CIFCA-B
:245161-B21
^253214-826
:246099-B21
$799
$399
$349
$1.499
$278
$243
$799
$899
$15.000
$2,850
$185
$55
$1.535
$150
$182
$3,299
$679
$194
$399
$95
$799
$899
$185
$55
$128 :
$1,469
$49
$324
$799
$798
S 1.047
$1,499
$278
$243
$799
$899
$15.000
$2,850
$185
$55
$1,535
$150
$152
S2B.54B
$3.296 . 3 Yr Support
$679
$194
$796
$95
$799
$899 '
$185
$55
$128
57.131
$1,469 3 Yr Support
$192
$324
: 24/7 4 Hour Response for 3 Years
24/7 4 Hour Response for 3 Years
Equipment Pricing Page 1 of 5 Amendment 3 - June 16,2006
City of Carlsbad, CA
Computer Aided Dispatch and Mobile Data System
Equipment Pricing Modified per Amendment No. 3
Qty Description
1 HP (Compaq) 600mm Slabilizer Kit (Graphite)
1 HP (Compaq) TFT5600 RKM Integrated keyboard and Monitor
1 Lot Power Distribution, Cable Management and Wise hardware for equipment rack
1 Avocent Autoview USB-PS/2 KVM Switch Box
1 Avocenl 19" Rack Mounting Kit lor Autoview
0 Coiographics Xeniera GT2 PCI Video Adapter (1-2 monitors)
0 Sony 1 E- LCD Flat Panel Display <SDM-P82B-Black)
1 Shipping/Handling
Modal
:246107-B21
^221546-001
AV400-4
RMK-34
Unit
Price
$198 .
$2.449
$340
£999
" $45 "
$295
$0
$496
Exlinded Extended
Prica Warranty Comments
$193
$2.449 :
$340 !
$899 i
".". .. S4S • ...not included '- Deleted in Amendment 2.
not included " Removed per Amendment No 1
$496
Subtotal
Server and Dispatch-only Network Hardware
o' JGisco Catalyst 24-port 10/100BASE-TX Fast Ethernet managed | WS-C2950T-24
rackmountable switch with 2 10/100/1000BASE-T ports and data security
protection
Q Cisco 2611 Ethernet Router with Two Ethernet ports for CAD system LAN CISCO2611
segmentation
1 Miscellaneous Cabling
o Shipping/Handling
Subtotal
$1,019 nol included 90 Day Support Removed Amendmenl 2.
$1,976 nol included 90 Day Support Removed Amendment 2.
$50 : $50
$64 : not included
VPN Remote Access
1 (Cisco VPN 3005 Concentrator
i Shipping/Handling
$2,895 $2,895
$15 $15
Added in Amendment 2.
Geographic Conversion Toolkit (GOT) Workstation
1 HP (Compaq) Evo D510 Convertible Minitower with
Intel Pentium 4 Processor 2.40 GHz (533 MHz Front Side Bus}
512MB PC2100 (266 MHz) DDR memory
40GB Ultra ATA 100 (7200rpm)
integrated Intel PRO/100 VM network connection
1.44MB Floppy Disk Drive
48X max CD-ROM
Compaq USB Scroll Mouse
Compaq carbon/silver Internet keyboard
System Documentation Kit
Integrated Intel audio
Restore CD
Microsoft Windows 2000 Professional (Service Pack 2)
3 years Parts & Labor with 3 years Next Business Day onsite
0 Sony 18" LCD Flat Panel Display (SDM-P82B-Black)
1 Colorgraphics Xentera GT2 PCI Video Adapter {1-2 displays)
1 Symantec PC Anywhere V10.5 Host and Remote
1 Shipping/Handling
Subtotal
3 Year Next Day SupporL
$1,124 . $1,124 SYrNext
£0 ! nol included Removed per Amendment No. 1.
Colorgraphics 24 month parts and tabor warranty/90 day ci
$135
$86
$185
$86
Cat! Taker Workstation!
3 ; HP(Compaq) 0530 Convertible Mintower with:
Intel Pentium 4 Processor 2 80 GHz (533 MHz Front Side Bus)
512MB PC2700 (DDR333) Memory
40GB Ultra ATA 100 {7200 rpm)
Integrated Intel PRO/1000 Gigabit network connection
144MB Floppy Disk Dnve
48X max CD-ROM
Compaq USB Scroll Mouse
Compaq carbon/silver Internet keyboard
System Documentation Kit
Integrated Intel audio
Restore CD
Microsoft Windows 2000 Professional (Service Pack 2}
3 years Parts & Labor with 3 years 24x7 4-hour response onsite
o Sony 18" LCD Flat Panel Display (SDM-P82B-BlackJ
3 Colorgraphics Xentera GT4 PCI Video Display Adapter (1-4 monitors)
3 Shipping/Handling
Subtotal
Dispatch/Supervisor Workstations
6 HP(Compaq) D530 Convertible Mintower with:
Intel Pentium 4 Processor 2.80 GHz (533 MHz Front Side Bus)
512MB PC2700 (DDR333) Memory
40GB Ultra ATA 100 (7200 rpm)
Integrated Intel PRO/1000 Gigabit network connection
1.44MB Floppy Disk Drive
48X max CD-ROM
Compaq USB Scroll Mouse
Compaq carbon/silver Internet keyboard
System Documentation Kit
Integrated Intel audio
Restore CD
Microsoft Windows 2000 Professional (Service Pack 2}
3 years Parts & Labor with 3 years 24x7 4-hour response onsite
o Sony 1B- LCD Flat Panel Display (SDM-P82B-Black)
6 Colorgraphics Xentera GT4 PCI Video Display Adapter (1-4 monitors)
6 Shipping/Handling
Subtotal
Time Synchronization Hardware
Spectracom NelClock/NTP Network Time Provider (less indoor antenna)
Speclrecom Rack Mounl Adapter for model 6189 NetdocWNTP
SpecIracorn Outdoor Antenna
Spectracom GPS Anlenna Surge Prolector
Antenna Adaptor
100 Ft Antenna Cable
Spectracom TimeView 400 Model 8177. Green LED, 12 or 24-hour, 4.0' high
hours and minutes digils, 2 3" high seconds digits
'• 24/7 4 Hour Response tor 3 Years
$4.91S i3YrSupporl
8189
OPT 03
8225
8226
CA11001
CAD7100
8175
$C
£599
not included
$1.796
$336
$7.050
$9.835 3 Yr Support
Removed per Amendment No. 1
Coiorgraphics 24 month pads and labor warranty/90 day cable warranty.
. 24/7 4 Hour Response for 3 Years
$0 : not included
$599 $3,593
$816
$14,244
$1,944
$226
$254
$221
$82
$216
$866
$1.944
$226
$254
$221
$82
$216
$866
Removed per Amendmenl No 1
Cobroraphics 24 month parts and labor warranty/90 day ci
Five year Spectracom warranly.
Five year Spectracom warranty.
Five year Spectracom warranty
- One year Speciracom warranty.
- One year Speciracom warranty.
i Five year Spectracom warranty.
;Five year Spectracom warranty.
Equipment Pricing Page 2 of 5 Amendment 3 - June 16,2006
City of Carlsbad, CA
Computer Aided Dispatch and Mobile Data System
Equipment Pricing Modified per Amendment No. 3
Unit Extended Ext«nd«d
P[ic* Pric« Warranty^
. Antenna Roof Mount - Installation
S hipping/Hand | jnq
SB 00
$26
$600 :
$26
Printers
2 HP LaserJet 4200n network ready printer up to 35ppm black and white
2 Shipping/Hand lint]
Subtotal
Additional Third-party Software
2 .Crystal Decisions Crystal Reports V9 Developer
[Wilh Report Application Server)
1 Websphere MQ(MQ Series Software)
(Standard manufacturers' warranties for all above)
Subtotal
MDC Installation Services
Quole From: Day Wireless
0 Crown Victoria Installation
0 Truck and SUV Installation
0 Motorcycle Installation
Subtotal
MDC Hardware for Crown Victoria Vehicles
Quole From: Data911
50 Data911 M5 Mobile Data System
50 12.1" Display
50 Windows 2000 OS
50 Rugged Keyboard
50 Pentium M 1 IGHz Processor Upgrade
50 -RAM Upgradelo512Mb
50 40 0 CB Hard Drive Upgrade
50 :. Touch Pen Stylus
0 ; Magtek Card Reader
50 ; Extended Warranly (one year included from dale of purchase)
50 : Removeable Hard Drive
50 Trunk mount cable kit.
50 Power management module
1 Desktop display mount
50 Shipping
Subtotal
Upgrade Pilot Processors to M1.1 GHz Processors
0 Pentium M 1.1GHz Processor Upgrade
Subtotal
$1.479 52,958 1 YrWarr
S52 $104
53,062
$569 $1.138
$14.400 $14,400
515,538
One year limited warranty from date of purchase; retui
$650
$7 BO
$7 BO
$4,796.00
included
included
included
$359.20
$119.20
$103.20
$79.20
$99.00
$480.00
$76.00
$135.20
included
$149.00
$59.00
$160.00
not included
not included
not included
$0
$239.800
included
included
included
$17.960
$5,960
$5,160
$3,960
not included
$24,000
$3,800
$6,760
included
$149
$2.950
$310.499
nol included
All GPRS/CDMA modems to be provided by City Installation deleted Amendment 2.
All GPS receivers to be provided by City as part of GPRS/CDMA modems
unless the City setects the Tiburon optional pricing/purchase of this
equipment.
Warranty per Dala911 Pricing of May 18,2004 - Amendment 2
$12,000 Data911 Pricing dated May 18,2004 -Amendments
This line item provides the City with a three year warranty from date of purchase.
Deleted in Amendment 3
MDC Hardware for Trucks and SUVs
Quole From: Data911
0 Data911 M5 Mobile Data System
0 12 T Display
0 • Rugged Keyboard
0 Windows 2000 OS
0 Pentium III 1,OGHz Upgrade
0 RAM Upgrade to 512Mb
0 40.0 GB Hard Drive Upgrade
0 Touch Pen Stylus
0 Magtek Card Reader
0 External CD ROM
0 Extended Warranty (one year included from date of purchase)
0 Vehicle Installation Kit includes mount, cables, fuses, loom etc.
$5,610
included:
included'
included
$374
$150
$220
$110
$110
$220
$523
$760
not included
included
included
included
not included
not included
not included
not included
not included
nol included
no I included
nol included
Updated with Data911 pricing on 8/4/03. Included in 50 units above by Amendment 2.
Subtotal SO
MDC Hardware for Motorcycles
Quote From: Panasonic
0 Panasonic Tough book 07
D 8.4- Mobile Data Display
0 Windows 2000 OS
0 Rugged Keyboard
0 : Ram Upgrade to 128 MB
0 Touch Pen Stylus
0 Magtek Card Reader
0 Vehicle Installation Kit includes <>unl, cables, fuses, loom elc.
$2.890
$1.870
included:
$330
$121
$10
$110 r
$830 '
not included
not included
not included
no! included
not included
not included
not included
not included
Deleted in Amendment 3
Deleted in Amendment 3
Deleted in Amendment 3
Deleted in Amendment 3
. Deleted in Amendment 3
Deleted in Amendment 3
Deleted in Amendment 3
: Deleted in Amendment 3
Subtotal
Laptop Hardware for Detectives
Quote From: Panasonic
0 Panasonic CF28 Ruggedized Laptop $6.190 ^not included
SO
Deleted in Amendment 3
Mobile Support Shelf
j Quote From: Data911
0 : Retractable Mounting Shelf for Crown Vies
Subtotal
Spare Mobile Hardware
Quole From: DalaS11 / Panasonic
. 0 Dala911 MS Mobile Data Computer
0 12.1" Display
0 Windows 2000 OS
0 Rugged Keyboard
0 Pentium III 1 .OGHz Upgrade
0 RAMUpgradeto512Mb
0 40.0GB Hard Drive Upgrade
0 Touch Pen Slytus
0 Extended Warranty M5 (one year included from date of purchase)
0 Panasonic CF28 Ruggedized Laptop
$5.610
included
included
included
$374
$150
$220
$110
$530
$6.190
tot included
SO
not included
included:
included •
included i
not included
not included
not included
nol included
nol included
nol included
N/A Maintenance for this item is not available. Deleted Amendment 2.
13 Mo Warr 13 month warranly from date of purchase
$480 Updated with Data911 pricing on 6/4/03. Deleted Amendment 2.
Deleted in Amendment 3
Equipment Pricing Page 3 of 5 Amendment 3 - June 16,2006 n
City of Carls bad, CA
Computer Aided Dispatch and Mobile Data System
Equipment Pricing Modified per Amendment No. 3
Qty Description
Subtotal
Spare MobiU Hard war*
Quote From' Panasonic
0 Panasonic Toughbook 07
0 8.4" Mobile Data Display
0 Windows 2000 OS
0 Rugged Keyboard
0 Ram Upgrade ID 128MB
0 Extended Warranty 07
G Touch Pen Stylus
Unit
Model Price
'. 52,890 '
Si. 870
included
S330
$130
$580
$10
Extended
Pries
$0
$2,890 :
$1,870
included
$330
$130
$580
$10
Extended
Warranty Comma nls
$460
3 Yr Warr Deleted in Amendment 3
3 Yr Warr Deleted in Amendment 3
' Deleted in Amendment 3
Deleled in Amendment 3
Deleted in Amendment 3
Deleled in Amendmenl 3
Deleled in Amendmenl 3
CP-01B MQSerias Redundancy
1 Websphere MQ (MO Series Software)
: (standard manufacturers' warranties for all above)
Documentation
1 Set standard reproducible Tiburon software and administration documentation
Subtotal
EQUIPMENT AND OPERATING SOFTWARE TOTAL
$0
$817,741
Optional equipment <- not Inlotal proposed price :
Optional Services
Quote From: Day Wireless
52 Installation of Motorola Modems at time of computei
Subtotal
Optional Motorola Mobile Data Radio
Quote From Day Wireless
52 ; Mobile Data Radio
52 ; Motorola VRM660
52 ^ Antenna
52 : Protocol Module 1 6.2
52 Vehicle Installation Kit
2 Cisco Route)
2 .Cable
2 WIC-IT T1 WAN Interface Card
2 Microwave Cards
2 Microwave Cables
1 Tesl/Programming Station
Subtotal
Optional Motorola Mobile Data Radio - Spare*
Quote From- Day Wireless
2 ! Mobile Data Radio
2 i Motorola VRM660
2 Antenna
2 Protocol Module 19.2
$200
$3,540
included
included
included
included
$1,260
$120
$450
$840
$120
$3,540
$3,540
included
included
included j
$10,400
$1 0,400
$184,080 "
included
included
included
included
$2,520
$240
$900
$1,530
$240
$3,540
$193,200
$7,060
included .
included ;
included :
N/A
$520
N/A
N/A
$520
N/A
N/A Maintenance for this item is not
N/A: Used Equipment. No wan-anty/maintenance available. Provided with
90 day warranty only (equpment used by Sheriffs office is no longer
available as new equipment
N/A Used Equipment No warranty/maintenance aval able Provided wilh
90 day warranty only (equipment used by Sheriffs office is no longer
avadable as new equipment
N/A Maintenance for this item is nol available.
Subtotal
Padcom Option
Quote From: Padcom
Hosl Software Licens*
1 Connectivity Gateway • 100 User License
1 . Total Connect Network Adapter Module
1 : Total Secure Encryption Module
1 ; Total Conlrol Port Routing Module
1 Total Roam Ellipse Module
TGC-G01-0100
TGC-G01
TSE-G01
TCPR-G01
TRE-G01
$1,080
$1,080
$1,030
$1,030
$1,080
$1,080
Not included in proposal price
Host server capabilities with support for up to 100 clients. Also includes
support for an initial connectivity suite component Clients are purchased
separately. Includes a 90-day software warranty.
Server side cost for additional network adapter. Clients are purchased
separately. Includes a 90-day software warranty.
Server side of the Total Secure Encryption Clients are purchased
separately. Includes a 90-day software warranty.
Ckents are purchased separately Includes a 90-day software warranty
j Clients are purchased separately. Includes a 90-day software warranty.
52 Total Connect Network Adapter - Wireless LAN
52 Total Conned Network Adapler-CDMA
52 Total Secure Encryption Client
52 : Total Control Port Routing Client
100 Total Roam Ellipse Mo bite Client
PfofessJcnai Services
1 ; Padcom Project Management/Support
1 Wireless LAN Site Survey (includes 3 different sites)
1 Additional Wireless LAN Sites
1 - Mobile Client Software installatio
1 Padcom Connectivity Suite Host Software Install a lion/Con fig ur
1 Hosl Wireless LAN Access Point/Antenna Installation
TCG-M01-WLAN
GCG-M01-CDUA
TAE-M01-001
TCPR-M01-001
;TRE-M01-001
TRG-PMS-001
' SSS-SUR-001
SSS-SUR-OOA
INS-TRE-MOO
INS-TRE-G01
$150
$150
$50
S50
$100
$7,710
$6,000
$600
£130
$7,800
$7.800
$2,600
$2,600
$10,000
$7.710
$6,000
$600
$180
Includes a 90-day software warranty.
Includes a 90-day software warranty.
Includes a 90-day software warranty
Includes a 90-day software warranty
Mobile client is a per user price Includes a 90-day software wrranty
Padcom option uses Static IP.
Includes project management and support during system deployment.
On-site evaluation of wireless LAN coverage needs and equipment
requirements. Evaluation includes visits of up to 3 site locations. Travel
and living expenses are not included.
. Per site charge for evaluation of additional locations.
Installation, configuration and testing of software on each mobile client
:($180 per mobile). Travel and living expenses are not included.
Installation, configuration and testing of the Padcom Connectivity Suite on
the customer's server. Cost is per day; travel and living expenses are not
included Installation duration vanes based on the complexity of the system
Installation of access points and antennas, addressing the deployment
of the units only Any building penetration, electnc/building permits,
grounding, cabling will be the City's responsibility. Travel and living
expenses are not included Cos! will be determined after sile sunny
Equipment Pricing Page 4 of 5 Amendment 3 - June 16, 2006
City of Carlsbad, CA
Computer Aided Dispatch and Mobile Data System
Equipment Pricing Modified per Amendment No. 3
Extend* d
Price CommanU
; Padcom Conneclivity Suite Training
Software. Main ter»
1 Padcom Connectivity Suite Mainlenarw
TRA-TRE-001
MAIN-TRE-001
Subtotal
Trimble OPS R«c«iv«r>
'QuoleFrom: Day Wireless
52 GPS Receiver
52 Antenna
Subtotal
Trimbte OPS Receivers -Spares
Quote From: Day Wireless
2 GPS Receiver
2 Antenna
Subtotal
, OPTIONAL EQUIPMENT TOTAL.
Training session to address the administration and basic operation of
the Padcom Connectivity Suite host and client software. Training is
provided al Padcom Headquarters in Bethlehem. PA. Travel and living
expenses for Ine City's staff are no I included.
• Annual maintenance available on Server and Client software. Fees are
i based on the total software license fees paid and is nol included in Ihe
base price Padcom connectivity suite base software price includes
a 90-day software warranty.
General Males: A one-year warranty (from dale of delivery) is provided on
hardware products manufactured by Padcom. OEM hardware and
equipment warranty varies depending on vendor. Shipping costs are nol
included. All Padcom travel and living expenses will be invoiced separately.
Afaria and Connectivity Gateway server can be provided by City in
accordance with Padcom specifications. Depending on the number of
users, a separate Afaria server maybe recommended. SQL is required for
Afaria deployment. Additional connectivity servers may be required based
on the number of users. Redundant server technology is recommended.
Licenses over 1000 users win require Tiburon/Padeem review. Preferred
manufacturer for CDPD device is Sierra Wireless. Preferred manufacturer
:fo( 802.11 b Wireless LAN device is Cisco Systems.
Not included in proposed price.
'. Mole: Trimble install is included if done al same time as mobiles.
$1.020 : $53.040
included: included
Nol included in proposed price
$1,020
included:
$2.040
included
$2,040
$335,010
Tiburon, Inc.Equipment Pricing Page 5 of 5 Amendment 3 - June 16,2006
Exhibit B - Amended Project Schedule
Public Safety Computer System Project Plan
Version MMC 092806
ID
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
22
24
26
27
36
40
47
49
55
57
82
83
88
89
109
110
111
112
113
114
115
116
117
118
119
120
0
V-
V-
V-
\s-
V-
\,--
\^
\^-
\s-
\^
\^
\^
\^
</V
V
<S
<S
V'
</'v"<s
V
<s
V
v"
V
v-"
V
v''-_A\
V-'
V
V
Task Name
Modification Log
Version 1 05/2004
Version 2 0701 04
Version 3 072304
Version 4 08 1304
Version 5 091404
Version 6 100604
Version 7 110204
Versions 11/15/04
Version 9 12/21/04
Version 10 01 728/05
Version 11 021705
Version 12053106
Version MMC 092806 to reflect Amendment 3
Computer Aided Dispatch and Mobile Data System
Project Management
Project Initiation Meeting - Task 1
Business Practice Review (BPR) Kick-off and BPR Guidelines - Task 2
CAD, Geofile, Interface and Mobile BPR and Workflow Review - Task 3
Step 1:CAD/Ti BPR
Step 2: MDS, Mobile Mapping BPR
Step 3: Interfaces BPR
Step 4: Geofile BPR
Develop CAD and Mobile Project Schedule (Develop Project Plan) - Tasl
Authorization to Proceed - Task 5
CAD Equipment On-site Installation -Task 6
CAD System Tailoring - Task 7
Geographic File Conversion and Loading -Task 8
Message Switch Interfaces (SUN/CLETS) - Task 9
Buffer
Develop CLETS/San Diego County Interface
City Procure MQ Series Server
County upgrade network.
Install CLETS/San Diego County Interface
Test with County
Reformatter Training (replaced by Task 27)
City setup SSL Certificate
Tiburon/County complete interface testing
City define up to 40 additional RFMT Screens
Duration
Od
818 d
411 d
1 d
2d
184 d
149 d
16 d
113d
1 d
81 d
5d
206 d
31 d
259 d
589 d
45 d
20 d
15d
25 d
51 d
10d
2d
2d
10d
119d
Start Finish
9/1/03
9/1/03
9/26/03
10/8/03
10/31/03
10/28/03
12/15/03
10/28/03
1/27/04
12/2/03
1/5/04
6/27/04
11/10/03
8/11/04
3/17/04
6/27/04
6/27/04
8/24/04
7/23/04
10/5/04
8/17/04
11/8/04
9/12/06
2/16/05
2/18/05
9/16/04
9/1/03
9/26/06
3/31/05
10/8/03
11/1/03
7/1/04
7/1/04
11/17/03
6/25/04
12/2/03
4/21/04
7/1/04
8/12/04
9/21/04
2/25/05
9/14/06
8/23/04
9/20/04
8/11/04
11/5/04
10/25/04
11/19/04
9/13/06
2/17/05
3/3/05
2/21/05
Tiburon Inc. Page 1 P1 270 Carlsbad Amendment 3 Exhibit B 09282006
S.O
Exhibit B - Amended Project Schedule
Public Safety Computer System Project Plan
Version MMC 092806
ID
121
122
123
124
125
134
135
143
144
152
153
158
159
174
175
180
181
192
193
194
195
196
197
198
199
200
201
202
203
204
205
209
211
212
213
214
215
216
217
218
219
220
221
222
223
224
0
V
Task Name
Tiburon develop, integrate and test additional RFMT Screens
v/' ! Demonstrate CLETS Interface and 12 RFMT inquirey screens
[ Billing Point
V"
v\
v''
v"
V
V
Mobile Data Computer Pilot Install and Interfaces -Task 10
Mobile Mapping Installation and Configuration - Task 11
Automatic Vehicle Location (AVL) System Pilot Installation and
Configuration -Task 12
Maverick Mapping Installation and Configuration - Task 13
Duration
30 d
5d
1 d
147 d
148 d
139 d
70.75 d
CAD System Interfaces - Task 14 182 d
CAD General File Building - Task 15
v/' Master Time Interface (Netclock) - Task 16
<s
V'''
v"'
V'V
-A
IA
IA
V
v"'
Id
CAD Ancillary System Installation - Task 17
CARS (Data Warehouse)
Buffer
Install CARS Data Warehouse
Install Crystal Reports Software
Buffer
CARS Training Phase 1 Admin
Buffer
CARS Training Phase 1 User (now in Task 27)
City Define Base Reports to fully test CARS
City Define Additional Reports
Provide up to 2 Days assistance in report development (now in Ta
SIP
Web Query
CAD/Ti 2.2.2 Installation (replaced by Task 27)
Buffer
Internal testing of 2.2.2
Client test build 1 0.9x in TEST
CPSJ move 10. 9x build to PRO
i Move 2.2.2 build to TEST & Perform Final QA
Update GEO loader
Update Geofile with calculated routing data
Update Maverick 911 Mapping to version 5
Setup mobile on test system and test new Mobile functionality
Client testing of 2.2.2
Resolve TSRs
Prep Faraday site for dispatcher training
45 d
117d
818 d
557 d
25 d
20 d
3d
55 d
1 d
80 d
1 d
10 d
5d
1 d
81 d
5d
94 d
2d
15 d
4d
1 d
5d
1 d
10d
1 d
5d
15d
10d
3d
Start
2/22/05
4/5/05
9/14/06
Finish
4/4/05
4/11/05
9/14/06
6/1/04: 12/15/04
6/27/04
6/24/04
i
7/23/04
7/23/04
8/11/04
6/24/04
9/1/03
8/17/04
8/17/04
9/21/04
8/20/04
8/25/04
11/9/04
11/10/04
9/21/06
6/1/05
6/15/05
9/26/06
8/11/04
9/1/03
5/10/06
5/10/06
5/12/06
6/2/06
6/8/06
7/3/06
7/3/06
7/4/06
7/3/06
7/4/06
7/11/06
8/1/06
8/15/06
1/12/05
12/28/04
10/25/04
3/22/05
10/9/04
11/26/04
9/26/06
9/26/06
9/20/04
10/15/04
8/24/04
11/8/04
11/9/04
2/22/05
9/21/06
6/14/05
6/21/05
9/26/06
11/29/04
9/5/03
9/18/06
5/11/06
6/1/06
6/7/06
6/8/06
7/7/06
7/3/06
7/17/06
7/3/06
7/10/06
7/31/06
8/14/06
8/17/06
Tiburon Inc. Page 2 P1270 Carlsbad Amendment 3 Exhibit B 09282006
Exhibit B - Amended Project Schedule
Public Safety Computer System Project Plan
Version MMC 092806
ID
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
263
264
269
270
271
274
282
283
284
285
286
287
288
289
290
291
292
o Task Name
City install new MDS & 91 1 Mobile software in vehicles
Move to PRO environment
Id
V<s<s<s<sV-s<s
v/'
v"'v"<s
</
<s
<s
<S'<s
<s
~A
V"s
CP-018 Redundant County Interface (replaced by Task 29)
Design interface
Order MQ Series software and license
Internal testing
Move interface code to PRO
Provide documentation and telephone training
Client coordinate eSUN for failover demonstration
Failover demonstration in PRO
Client signoff
Final CAD/Ti, AVL, Mobile Equipment Installation - Task 18
City Provide Approval to Order Remaining Mobile Equipment
Order all remaining hardware for vehicles
Order remaining dispatch workstation hardware (if any)
Receive 5 MDCs from Data91 1
Receive 10 MDCs from Data911
Receive 1 0 MDCs from Data91 1
Receive 10 MDCs from Data911
Receive 9 MDCs from Data91 1
Install Remaining Mobile Units in Vehicles 2.5 per week average - 44 units
Complete installing any remaining software (if needed)
CAD Workstation Installation Training
Install remaining equipment & software in Dispatch Center
CAD, MDS, Mobile Mapping and AVL Functional Testing - Task 19
CAD, MDS, Mobile Mapping and AVL Integration Testing Task 20
CAD User Documentation & Training - Task 21
CAD/Ti Technical/User Training & Documentation
Dispatch Training (October)
MDS User Training
MDS User Training (1 week after CAD go live)
CARS Training
(See Task 17 Ancilliary System Installation)
User Training Session 2 (now in Task 27)
Dispatch Training for Cutover
Prepare Training Facilities
Tiburon setup Test CAD system
Dispatch Refresher Training Session 1 for CAD/Ti 2.2.2
Dispatch Refresher Training Session 2 for CAD/Ti 2.2.2
Duration
10d
1 d
Start
8/18/06
9/18/06
24 d
10d
2d
5d
1 d
2d
4d
1 d
1 d
913d
5d
3d
3d
1d
1 d
1 d
1 d
1 d
80 d
6/12/06
6/12/06
6/26/06
6/26/06
7/3/06
7/4/06
7/6/06
7/12/06
7/13/06
9/1/03
12/16/04
12/23/04
9/13/04
12/20/04
1/17/05
1/31/05
2/7/05
2/14/05
12/21/04
90 d 9/16/04
1 d
20 d
148 d
7d
819 d
15d
33.75 d
10d
10d
4d
1 d
2d
811 d
10d
5d
2d
2d
9/23/04
1/17/05
8/31/04
9/1/03
9/1/03
8/24/04
8/31/04
9/30/03
9/30/03
9/22/06
9/27/06
9/22/06
9/1/03
10/8/04
9/1/03
9/11/06
9/14/06
Finish
8/31/06
9/18/06
7/13/06
6/23/06
6/27/06
6/30/06
7/3/06
7/5/06
7/11/06
7/12/06
7/13/06
2/6/07
12/22/04
12/27/04
9/16/04
12/20/04
1/17/05
1/31/05
2/7/05
2/14/05
4/4/05
1/17/05
9/24/04
2/9/05
3/16/05
9/9/03
9/27/06
9/13/04
10/14/04
10/13/03
10/13/03
9/27/06
9/27/06
9/25/06
9/15/06
10/21/04
9/5/03
9/12/06
9/15/06
Tiburon Inc. Page 3 P1 270 Carlsbad Amendment 3 Exhibit B 09282006
Exhibit B - Amended Project Schedule
Public Safety Computer System Project Plan
Version MMC 092806
ID
293
294
295
296
297
298
299
300
301
306
307
312
313
317
318
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
0
v"
Task Name
CAD System Admin Training
Admin Training
911 Mapping Admin Training
Duration
508.25 d
1 d
2d
Crystal Report Training 287 d
Vid
</'
V"'
v"'
V
v"
v"'Id
V<s
Id
Ididid_^
ididid
Crystal Training Session 1
Crystal Training Session 2 (now in Task 27)
CAD Initial System Performance Test - Task 22
MDS, Mobile Mapping & AVL Performance Test - Task 23
Miscellaneous Tasks Before Cutover
CAD MDS, Mobile Mapping, & AVL Certification & Production Cutover -
CAD, MDS, Mobile Mapping and AVL Preliminary Test Task 25
Resolve TSRs prior to start of Acceptance testing
Monitor system reliability - monitor intial system operation for 30 days
Resolve TSRs
Obtain client system acceptance sign-off
Final System Acceptance Test - Task 26
Final Acceptance
Begin warranty period
City prepare for Council approval
City Council Approval
City Execute Final Acceptance Document
Task 27: Install and Implement Version 2.2.2 of CAD/Ti
Install Version 2.2.2 of Cad/Ti in Training System
Provide new GCT
Answer Questions regarding Geofile Updates
Upgrade Maverick 91 1 mapping to version 5
Test new Mobile client in Training system
Resolve TSR's
Provide training
Reformatter Training (tentative)
Crystal report report development
Provide 2 days of Crystal Report User training
Provide Dispatcher refresher training
Provide Dispatch Supervisor training
Provide Dispatcher refresher training
Move Version 2.2.2 fo CAD/Ti to production
3d
2d
11 8.25 d
119.25 d
16 d
21 d
43d
10d
22 d
10d
1 d
58 d
45 d
1 d
10 d
1 d
1 d
165d?
1 d?
1d?
20 d
1 d?
1 d?
37 d?
91 d?
1d?
31 d?
31 d?
3d
1 d
2d
1d?
Start
10/9/04
9/13/06
10/9/04
8/23/05
8/23/05
9/26/06
10/14/04
10/14/04
4/4/05
9/3/03
9/19/06
9/19/06
10/3/06
11/2/06
11/16/06
11/17/06
11/17/06
1/19/07
1/22/07
2/5/07
2/6/07
8/17/06
8/17/06
8/28/06
8/28/06
8/22/06
9/26/06
9/1/06
9/19/06
1/23/07
9/19/06
9/19/06
10/20/06
10/25/06
10/26/06
11/7/06
Finish
9/13/06
9/13/06
10/12/04
9/27/06
8/25/05
9/27/06
3/22/05
3/23/05
4/25/05
9/30/03
11/16/06
10/2/06
11/1/06
11/15/06
11/16/06
2/6/07
1/18/07
1/19/07
2/2/07
2/5/07
2/6/07
4/4/07
8/17/06
8/28/06
9/22/06
8/22/06
9/26/06
10/23/06
1/23/07
1/23/07
10/31/06
10/31/06
10/24/06
10/25/06
10/27/06
11/7/06
Tiburon Inc. Page 4 P1 270 Carlsbad Amendment 3 Exhibit B 09282006
Exhibit B - Amended Project Schedule
Public Safety Computer System Project Plan
Version MMC 092806
ID
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
0
Id
Id
Id_j
v"'
V"Id
Id
Id
Id
Id
Id
Id
Id
Id
Task Name
Go live
30 day Acceptance period
60 day Acceptance period
Begin Warranty
City prepare for Council approval
City Council Approval
City Execute Final Acceptance Document
Task 28: CAD/Ti File Maintenance Synchronization
Install and test Oracle based Scripts
Verify log file creation
Provide up to one hour off support
Provide 2-3 pages of documentation
Task 29: Redundant County Interface (Modify the MS Link for two load balar
Prepare internal design documents
Install and configure MQ Series software
Modify MSLink per design document
Install code in training environment
Correct discrepancies
Install in production system
Provide documentation
Duration
1 d?
30 d?
60 d
1 d
10d
Start
11/7/06
11/8/06
12/20/06
3/14/07
3/19/07
1 d 4/3/07
1 d
3d?
2d?
1 d?
1 d?
1d?
96 d?
96 d?
96 d?
96 d?
96 d?
96 d?
96 d?
96 d?
4/4/07
9/18/06
9/18/06
9/19/06
9/19/06
9/20/06
9/20/06
9/20/06
9/20/06
9/20/06
9/20/06
9/20/06
9/20/06
9/20/06
Finish
11/7/06
12/19/06
3/13/07
3/14/07
3/30/07
4/3/07
4/4/07
9/20/06
9/19/06
9/19/06
9/19/06
9/20/06
1/31/07
1/31/07
1/31/07
1/31/07
1/31/07
1/31/07
1/31/07
1/31/07
Tiburon Inc. Page 5 P1 270 Carlsbad Amendment 3 Exhibit B 09282006
EXHIBIT C
AMENDED PAYMENT SCHEDULE
Business Practice Review Tasks
Payment Task
$62,410.92 Task 3 CAD and Mobile BPR and Workflow Review
Deliverable: This task is considered complete when: (a) all interfaces listed in the
Interface Control Document have been identified and the functional requirements fully
documented as defined in Step 3 of Task 3; (b) a mutually developed Change List is
provided to the City (c) the City and Tiburon reach written agreement on the hardware
configuration required to support the subsystem outlined in this task; and (d) a mutually
developed draft test plan is provided and approved by the City. Task completion will be
confirmed by the City's signature on the task sign-off letter prepared by Tiburon.
$104,812.20 Task 5 Prepare, Submit, and Finalize Change List
Deliverable: This task is considered complete when the City has received the revised
project schedule required by Task 4, the mutually developed Change List, Interface
Control Document, hardware configuration, and draft test plans, and the City has
determined whether or not to proceed with the project, and it has either been determined
that a change order is not required or the parties have executed a change order. Task
completion will be confirmed by the City's signature on the task sign-off letter prepared
by Tiburon.
CAD and Mobile Tasks
$106,831.78
(adjusted for
overpayment
on milestone
payments for
Task 3 and 5)
Task 6 CAD Equipment On-site Installation
Deliverable: This task is considered complete when: (a) the CAD/Ti hardware and
application modules have been installed, and successfully tested; (b) a software image on
CD has been developed and tested and the City has been trained on how to install CAD
software on future CAD workstations; and (c) the City has received a complete inventory
list of all equipment as installed (as detailed in Task 6(g)). Task completion will be
confirmed by the City's signature on the task sign-off letter prepared by Tiburon.
$117,111.84 Task 7 CAD System Tailoring and Customization
Deliverable: This task is considered complete when the City has received from Tiburon
the "As Built" Documentation of the tailoring and custom software changes which have
been installed and successfully unit tested, and Tiburon has successfully installed the
Message Switch software on the CAD server and configured and demonstrated it to
support communication between local workstations. Task completion will be confirmed
by the City's signature on the task sign-off letter prepared by Tiburon.
$78,074.56 Task 8 Geographic File Conversion and Loading
Deliverable: This task is considered complete when: (a) the Geographic Conversion
Tool (GCT) workstation has been configured; (b) all of the City's Arclnfo data required
to populate the required CAD files and the mapping databases has been successfully
converted; and (c) Tiburon has provided training on the GCT program and the mapping
import process.
$78,074.56 Task 9 Message Switch Interfaces (SUN/CLETS)
Deliverable: This task is considered complete when Tiburon has (a) installed and
successfully tested all software required to support the interface to CLETS via the SUN
message switch and Reflections 3270 emulation software on the CAD dispatch
workstations; (b) demonstrated the CLETS reformatted message transactions listed in
Tiburon responsibility item c in Task 15; (c) demonstrated the 40 additional CLETS
transactions and; (d) demonstrated all functions, functionality and compliance with the
performance requirements listed in Exhibit E for the interface to
SUN/CLETS/NCIC/NLETS; and (d) trained the City in the use of Reformatter utility.
Task completion will be confirmed by the City's signature on the task sign-off letter
prepared by Tiburon.
$78,074.56 Task 10 Mobile Data Computer Pilot Install and Interface
Deliverable: This task is considered complete when Tiburon has: (a) installed MDC
software on the five (5) mobile units in the five (5) pilot vehicles; (b) developed and
tested a software image on CD and trained the City's Project Manager on the MDC
software installation process; and (c) demonstrated and successfully tested the ability of
the pilot set of mobile units receiving dispatch messages, entering status changes,
displaying data from CAD data files and inquiries into remote databases. Task
completion will be confirmed by the City's signature on the task sign-off letter prepared
by Tiburon.
$97,593.20 This payment will occur only when all 3 of the following Tasks have been completed
per the terms of the Agreement:
Task 11 Mobile Mapping Installation and Configuration
Deliverable: This task is considered complete when Tiburon has: (a) installed the
Mobile Mapping software in five (5) pilot mobile vehicles (the same pilot vehicles
referenced in Task 10), and (b) completed the test by successfully demonstrating the
interface to CAD, and (c) completed the test by successfully demonstrating mobile
mapping functions in those vehicles. Task completion will be confirmed by the City's
signature on the task sign-off letter prepared by Tiburon.
AND
Task 12 AVL System Pilot Installation and Configuration
Deliverable: This task is considered complete when Tiburon has: (a) installed the AVL
software on applicable server(s) and in the five (5) pilot mobile vehicles (the same pilot
vehicles in TasklO), (b) completed the test by successfully demonstrating the interface to
CAD, and (c) completed the test by successfully demonstrating the ability to use all
features and functions of the AVL in the five (5) pilot mobile vehicles. Task completion
will be confirmed by the City's signature on the task sign-off letter prepared by Tiburon.
AND
Task 13 911 Mapping Installation and Configuration
Deliverable: This task is considered complete when Tiburon has: (a) successfully
converted the City's Arclnfo GIS data and map and loaded it into the mapping
environment; (b) installed and successfully tested the 911 Mapping Maverick software on
all CAD workstations; (c) installed and successfully configured the Mapping and AVL
server connected to the Communication Center network; (d) successfully demonstrated
the CAD interface to Maverick; (e) has successfully demonstrated the mapping
functionality; and (f) certified that the mapping component is complete and ready for
preliminary testing of CAD. Task completion will be confirmed by the City's signature
on the task sign-off letter prepared by Tiburon.
$39,037.28 Task 16 NetClock Time Synchronization Equipment Installation
Deliverable: This task is considered complete when Tiburon has successfully completed
installation of the NetClock device and the connection/interfaces of that device to the
other devices as defined in the Interface Control Document, and demonstrated each
device to confirm internal clock synchronization from the NetClock time. Task
completion will be confirmed by the City's signature on the task sign-off letter prepared
by Tiburon.
$58,555.92 Task 20 CAD, MDS, Mobile Mapping and AVL System Integration Testing
Deliverable: This task is considered complete when all CAD, AVL and Mobile
equipment required for production operation has been installed and Tiburon has
demonstrated all internal and external interfaces to ensure that the combined systems
operate together. Task completion will be confirmed by the City's signature on the task
sign-off letter prepared by Tiburon.
$58,555.92 Task 21 CAD User Documentation and Training
Deliverable: This task is considered complete when: (a) City accepts a Training Plan
developed exclusively for the City by Tiburon; (b) City accepts updated documentation
reflecting all tailoring and customization performed in previous tasks: and (c) Tiburon
completes the scheduled technical and user training for Phase 1 described in Task 21
Task completion will be confirmed by the City's signature on the task sign-off letter
prepared by Tiburon.
$97,593.20 Task 25 CAD, MDS, Mobile Mapping, and AVL Preliminary Test
Deliverable: This task is considered complete when Tiburon demonstrates CAD, MDS,
Mobile Mapping, AVL, and applicable interfaces operate accurately and reliably in a
production environment for at least thirty (30) calendar days. Task completion will be
confirmed by the City's signature on the task sign-off letter prepared by Tiburon.
Retainage Final System Acceptance
Following Final System Acceptance by City Council
$3,434 Task 28 CAD/Ti File Maintenance Synchronization
Deliverable: This task is considered complete when Tiburon has installed and tested the
CAD/Ti File Maintenance synchronization batch file, performed test with city assistance
to verify that the CAD/Ti File Maintenance synchronization batch file completes
successfully, and provided documentation and training. Task completion will be
confirmed by the City's signature on the task sign-off letter prepared by Tiburon.
$39,281 Task 29 Redundant County Interface
Deliverable: This task is considered complete when the Redundant County Interface has
been functioning in the production environment for a period of 30 consecutive days with
a 99% uptime. Task completion will be confirmed by the City's signature on the task
sign-off letter prepared by Tiburon.
Payments for each milestone shall be made upon completion of the respective task(s) listed and
described above and in accordance with the terms of the Agreement. The task completion
description of each milestone supplements and is in addition to the statement of work and
Amendment 3. Payments for all Hardware and Third Party Software (as defined in the
agreement) shall be made following transfer of title per Section 16.0 of the Agreement.
75% of the Tiburon license fees shall be paid when Tiburon's CAD, MDS, and Mapping
Application Software is installed at the City on a City-supplied workstation. Such workstation
will be supplied within 30 days of Tiburon's request. The balance of the Tiburon license fees
shall be paid upon cutover of CAD. Due to a reduction in the value of the software license fees,
this final payment for the remaining balance of software license fees will be adjusted to give the
city full credit for all payments made on software license fees.
The City will retain 25% of every invoice, including license fees, services, hardware and
third party software, with the exception of products and services provided in Task 28 and
Task 29.
AMENDMENT N0.2 TO EXTEND AND AMEND AGREEMENT FOR A FULLY
INTEGRATED PUBLIC SAFETY INFORMATION SYSTEM INCLUDING THE MAJOR
SUBSYSTEMS OF A COMPUTER AIDED DISPATCH SYSTEM(CAD), A POLICE
MOBILE DATA SYSTEM (MDS), A MESSAGE SWITCH (MS), A MOBILE MAPPING
SYSTEM (MMS), AN AUTOMATIC FIELD LOCATION SYSTEM (AVL), AND THE
COMPONENTS AND INTERFACES FOR THESE SUBSYSTEMS
Tiburon Inc.
entered into and effective as of the SF day of
, 2003, extending and amending the agreement dated
Sept 12, 2003 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation,
(Tity”), and Tiburon Inc, (“Contractor”) (collectively, the “Parties”) for a fully integrated Public
Safety Information System, including the major subsystems of a Computer Aided Dispatch
System (CAD), a Police Mobile Data System (MDS), a Message Switch (MS), a Mobile Mapping
System (MMS), an Automatic Field Location System (AVL), and the components and interfaces
for these subsystems.
RECITALS
A. On the 26‘h day of May, 2004, the Parties executed Amendment No.1 to the
Agreement to 1) Remove the Push to Talk Interface; 2) Change Tiburon Mobile Mapping to
Maverick 9-1-1 Mobile Mapping; 3) Remove 29 18” Sony Flat Panel Displays; 4) Add one CARS
Development License; 5) Modify Advanced and Refresher training to be optional and 6) Change
CARS to CARS Data Warehouse.
B. The Parties desire to alter the Agreement‘s Pricing and System Deliverables
according to the negotiated and agreed upon change orders which are attached and
incorporated by this reference as Exhibit “A, Tiburon Change Orders. The Change orders are
due to discoveries made during the hardware evaluation process. During the hardware
evaluation process the Parties 1) were able to negotiate a lower price on the mobile Data911
hardware 2) discovered the need for additional hardware for remote technical support and 3)
were able to negotiate a reduction in cost of technical services. As a result, this amendment
reduces the entire contract amount by $1 93,294.28.
C. The Parties agree that the numbers in Section 5.1 of the original agreement
entitled, “Fees” are in error and that all fees will be based upon the amended Pricing and
System Deliverables which is attached to and incorporated in by this reference as Exhibit “B”,
Amended Pricing and System Deliverables.
D. The Parties desire to extend the Agreement for a period of six (6) months.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. That the Agreement, as may have been amended from time to time, is hereby
extended for a period of six (6) months ending on lZth day of September, 2005.
2. City will pay Contractor for all work associated with those services described in
City Attorney Approved Version #05.22.01
1
Exhibits “A and “B” hereto as set forth in the Amended Payment Schedule which is attached
hereto and incorporated into the Agreement by this reference as Exhibit “F”, Amended Payment
Schedule which is odd-lettered to retain consistency with the original agreement. This
amendment reduces the amount of the contract one hundred and ninety-three thousand and
two hundred and ninety-four dollars and twenty-eight cents($l93,294.28).
3. That Section 5.1 of the original agreement entitled, “Fees” is hereby amended to
read:
I‘ 5.1 Fees. The City will pay the fees as detailed in Exhibit B, Pricing and System
Deliverables, according to the Project Milestone and Payment Schedule detailed in
Exhibit F, which has been amended in accordance with Amendment No. 2, subject to the
annual appropriation of funds by the City Council. No other compensation will be
allowed, except those items covered by supplemental agreements under Section 11 .O,
“Changes in Work.”
4. That section 5.1 .I of the original agreement entitled “Business Practice Review”,
section 5.1.2 of the original agreement, entitled “Products”, and section 5.1.3 of the original
agreement, entitled Services are hereby deleted.
5. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
6. 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.
...
...
...
...
...
2
City Attorney Approved Version #05.22.01
7. 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
(print name/title) ’ ATTEST:
If required by City, proper notarial acknowledgment of execution by contractor 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.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
Deputy City Attorney
City Attorney Approved Version #05.22.01 3
EXHIBIT "A"
TIBURON CHANGE ORDERS
4
City Attorney Approved Version #05.22.01
7
P 1270
October 26,2004
Ms. Maria Callander
City of Carlsbad
2560 Orion Way
Carlsbad, CA 92008-07280
Subject: Change Proposal (CP) - 008: Data91 1 Mobile Hardware Price and Ouantity Changes - V3
and other Miscellaneous Changes
Reference: Agreement between City of Carlsbad, Police Deuartment, and Tiburon, Inc. for Computer
Aided Dispatch System (CAD), a Police Mobile Data System (MDS). a Message Switch
(MS), a Mobile Mapping System (MMS), an Automatic Field Location System (AVL). and
the components and interfaces for these dated September 12.2003.
Dear Ms. Callander:
Tiburon is pleased to present the City of Carlsbad with this Change Proposal to update the pricing and
quantity of the Data9 1 1 mobile hardware, removal of mobile hardware installation services, and the
addition of VPN hardware for the above referenced contract. Although this is a fixed price contract
Tiburon agreed, for the mobile hardware piece of the contract only, to allow the City of Carlsbad to re-
evaluate mobile hardware providers.
Scope Description:
In the mobile hardware re-evaluation process Carlsbad re-negotiated a lower price and increased the
quantity of mobiles with the contracted vendor, Data91 1.
Remove the installation services from Daywireless as the City of Carlsbad will be taking
responsibility for installation.
Add VPN router.
Remove Routers and Switches.
Upgrade three (3) Pentium I11 mobiles in the Pilot configuration to 1.1 GHz processor.
Remove sales tax that was charged for shipping in original pricing. California does not tax shipping.
Remove one (1) Veritas backup software from CAD server configuration. Remove one (1) dual
video adapter from Rack Hardware. The new Stratus server operating system comes with backup
software so Veritas was not needed. The dual video adapter configured for the rack hardware was not
required.
System integration fees are not affected by this Change Proposal.
Ms. Maria Callander
City of Carlsbad
CP-008: Data9-1-1 Quote and Quantity Change and Miscellaneous Changes - V3
October 26, 2004
Page 2
7.75% Sales Tax
Shippinglhandling
TOTAL
Price and Quantity Description change:
224
15
$3,134
1) Revised Data91 1 Mobile pricing and quantities.
Description I Price
Remove 39 MDC Hardware for Crown Victoria Vehicles I ($306,618)
2) Remove Daywireless Installation
City is responsible for installing mobile devices.
Description I Price
Remove Daywireless Installation Services I ($35,490)
Sales Tax I ($2,750)
TOTAL I ($38,240)
3) Add VPN hardware for remote access.
Description I Price
Add Cisco VPN3005 Concentrator I $2.895
Ms. Maria Callander
City of Carlsbad
CP-008: Data9-1-1 Quote and Quantity Change and Miscellaneous Changes - V3
October 26,2004
Page 3
Description
Veritas software not needed.
Dual video adapter not needed.
7.75% Sales Tax
TOTAL
4) Remove Routers and Switches
Price
($599)
($295)
($69)
($963)
City is procuring the network routers and switches therefore they are being removed from the scope of the
referenced Agreement.
Description
Remove quantity 2 - Cisco Catalyst 24-port 10/100BASE-TX Fast
Ethernet managed rackmountable switch with 2 10/100/1000BASE-
T ports and data security protection
Remove quantity 1 - Cisco 261 1 Ethernet Router with Two
Ethernet ports for CAD system LAN segmentation
S hipping/handling
7.75% Sales Tax
TOTAL
Price
($2,038)
($1,978)
($64)
($316)
($4,396)
5) Upgrade three (3) Pentium I11 mobiles in the Pilot configuration to 1. lGHz processor.
Description I Price
Upgrade PI11 processors to 1.1 GHz processors. PI11 price is I $480 $199.20. 1.1GHz price is 359.20 for an increase of 160 each.
Quantity of three devices affected.
7.75% Sales Tax IS37
TOTAL I$517
6) Remove sales tax that was charged for shipping in original pricing. California does not tax shipping.
I Description I Price 1
Shipping total from original pricing. 1 $2,422
7.75% Sales Tax I($188) I TOTAL I ($188)
Ms. Maria Callander
City of Carlsbad
CP-008: Data9-1-1 Quote and Quantity Change and Miscellaneous Changes - V3
October 26,2004
Page 4
Description
Revised Data9 1 1 Mobile pricing and quantities.
Summary of Changes
Price
($88,908)
Remove Daywireless Installation
Add VPN hardware for remote access.
Remove Routers and Switches
Upgrade three (3) Pentium 111 mobiles in the Pilot configuration to
1. lGHz processor.
Remove Veritas software and dual video adapter.
TOTAL CP-08
Remove sales tax on shipping.
($3 8,240)
$3,134
($4,396)
$5 17
($188)
($963)
($129,044)
Tiburon Responsibilities:
No change.
Client Responsibilities:
Mobile installation is now Client responsibility.
Completion Criteria:
No change.
Terms and Conditions:
1) This Change Proposal does not change hardware payment responsibilities.
2) By the Client’s acceptance of the Change Proposal in the signature blocks provided below, the Client is authorizing Tiburon to proceed with the work described. Any requisite contractual documents
required by the Client’s purchasing procedures are the responsibility of the Client.
3) Except as described herein, all terms and conditions of the referenced agreement remain unchanged and in full force and effect.
4) This Change Proposal is valid unless modified by Tiburon in writing prior to Client acceptance of the
Change Proposal; otherwise, this Change Proposal will expire on November 26,2004.
Upon review and acceptance of this Change Proposal, please sign below and return the signed copy of the
Change Proposal to Melissa Wade in Tiburon’s Fremont office. Alternatively, you can fax a copy of this
letter to Melissa at 510.792.7563. If you have any questions or require further information, please contact
Darrell Richards at 714.279.1315 ext 501 at your convenience.
Ms. Maria Callander
City of Carlsbad
CP-008: Data9-1-1 Quote and Quantity Change and Miscellaneous Changes - V3
October 26,2004
Page 5
Sincerely,
Robert Brown
Chief Operations Officer
cc: Darrell Richards, Project Manager
Melissa Wade, Administrative Assistant
By this signature, the City of Carlsbad accepts CP-008.
Ms. Maria Callander Date
Ms. Maria Callander
City of Carlsbad
CP-008: Data9-1-1 Quote and Quantity Change and Miscellaneous Changes - V3
October 26,2004
Page 6
Mobile Data Computer Quote For Carlsbad Police Department
May 18,2004 - f 4.79600 f
I 7920 f f 199 20 f 27840
f 199 W f 359W f
f 11om f
f l0lW s f 1113 w
M&SlOpUm
MWcQtU $ 79 w
f 7600 I f ,5510 s f 149 W
7920 f 3.SU.W
35920 f l7SUW
119WI 5960W
l0lW f 51MW
System Peripherals
P1270
October 26,2004
Ms. Maria Callander
City of Carlsbad
2560 Orion Way
Carlsbad, CA 92008-07280
Subject: Change Proposal (CP) - 009: Monitor System Integration Fee
Reference: Agreement between City of Carlsbad. Police Department. and Tiburon, Inc. for Computer
Aided Dispatch System (CAD), a Police Mobile Data System (MDS), a Message Switch
(MS), a Mobile Mapping System (MMS), an Automatic Field Location System (AVL), and
the components and interfaces for these dated September 12,2003.
Dear Ms. Callander:
Tiburon is pleased to present the City of Carlsbad with this Change Proposal to remove the System
Integration fees associated with the flat screen monitors from the above referenced contract (per Gary
Bunyard). Please note that in order for this Change Proposal to be in effect, CP-009 must be signed by
the City.
Scope Description:
1) Remove Systems Integration fees associated with the flat screen monitors.
Price Description
1) Remove from contract:
System Integration Fees: -$4,838.40
Tiburon Responsibilities:
1) See heading "Scope Description."
Client Responsibilities:
1) Sign CP-009 and return to Tiburon.
Completion Criteria:
Complete upon acceptance of this Change Proposal.
Ms. Maria Callander
City of Carlsbad
CP-009: Monitor System Integration Fee
October 26,2004
Page 2
Terms and Conditions:
1) By the Client's acceptance of the Change Proposal in the signature blocks provided below, the Client is authorizing Tiburon to proceed with the work described. Any requisite contractual documents
required by the Client's purchasing procedures are the responsibility of the Client.
2) Except as described herein, all terms and conditions of the referenced agreement remain unchanged
and in full force and effect.
3) A revised price and payment schedule will be provided upon Client acceptance of this Change Proposal.
4) This Change Proposal is valid unless modified by Tiburon in writing prior to Client acceptance of the Change Proposal; otherwise, this Change Proposal will expire on November 26,2004.
Upon review and acceptance of this Change Proposal, please sign below and return the signed copy of the
Change Proposal to Melissa Wade in Tiburon's Fremont office. Alternatively, you can fax a copy of this
letter to Melissa at 510.792.7563. If you have any questions or require further information, please contact
Darrell Richards at 714.279.1315 ext 501 at your convenience.
Sincerely,
Robert Brown
Chief Operations Officer
cc: Darrell Richards, Project Manager
Melissa Wade, Administrative Assistant
By this signature, the City of Carlsbad accepts CP-009.
Ms. Maria Callander Date
October 27,2004
Tibunm, Inc.
‘l‘ilwron Husinesz, Center
393.50 Civic Cen~n. Ilrive
Fraiiont, CA 94538
Phons: 5 IO-792-1108
Fax: 5 10-792-2897
P 1270
Ms. Maria Callander
City of Carlsbad
2560 Orion Way
Carlsbad, CA 92008-07280
Subject: Change Proposal (CP) - 010: Correction to Agreement Section 5
Reference: Professional Services and Software License Agreement between City of Carlsbad, Police
Department, and Tiburon, Inc. dated September 12,2003.
Dear Ms. Callander:
Tiburon is pleased to present the City of Carlsbad (the “City”) with this Change Proposal to correct
Section 5 of the referenced Agreement. The current wording in Section 5 has incorrect amounts
associated with the fees.
Scope Description:
Section 5.1 (Fees): The text of this Section is to be deleted and replaced with the following:
The City will pay the fees as detailed in Exhibit B, Pricing and System Deliverables, according to
the Project Milestone and Payment Schedule detailed in Exhibit F, which has been amended in
accordance with Amendment No. 2, subject to the annual appropriation of funds by the City
Council. No other compensation will be allowed, except those items covered by supplemental
agreements under Section 1 1 .O, “Changes in Work.”
2) Sections5.1.1, 5.1.2and5.1.3 shallbedeleted.
Tiburon Responsibilities:
No change.
City Remonsibilities:
No change.
Completion Criteria:
No change.
Ms. Maria Callander
City of Carlsbad
CP-0 10: Correction to Agreement Section 5
October 27,2004
Page 2
Terms and Conditions:
1) The City’s acceptance of the Change Proposal shall be indicated by an authorized signature in the signature blocks provided below. That acceptance will indicate the City’s intent to issue a
Amendment to the Agreement in accordance with Agreement Section 1 1 .O to incorporate the changes
set forth herein.
2) Except as described herein, all terms and conditions of the referenced Agreement, as previously amended, will remain unchanged and in full force and effect.
3) This Change Proposal is valid unless modified by Tiburon in writing prior to City acceptance; otherwise, this Change Proposal will expire on November 26,2004.
Upon review and acceptance of this Change Proposal, please sign below and return the signed copy of the
Change Proposal to Melissa Wade in Tiburon’s Fremont office. Alternatively, you can fax a copy of this
letter to Melissa at 5 10.792.7563. If you have any questions or require further information, please contact
Darrell Richards at 7 14.279.13 15 ext 501 at your convenience.
Sincerely,
Robert Brown
Chief Operations Officer
cc: Darrell Richards, Project Manager
Melissa Wade, Administration
By this signatme, the City of Carlsbad accepts CP-010.
~ ~ ~~~ Ms. Maria Callander Date
P1270
October 26,2004
Ms. Maria Callander
City of Carlsbad
2560 Orion Way
Carlsbad, CA 92008-07280
Subject: Change Proposal ICP) - 01 1: Remove Special Forms Option
Reference: Agreement between City of Carlsbad. Police DeDartment, and Tiburon, Inc. for Computer
Aided Dispatch System (CAD). a Police Mobile Data System IMDS), a Message Switch
(MS), a Mobile Mapping System (MMS). an Automatic Field Location System IAVL), and
the components and interfaces for these dated September 12.2003.
Dear Ms. Callander:
Tiburon is pleased to present the City of Carlsbad with this Change Proposal to remove the Special Forms
option from the above referenced contract. This option was included in the event that the City needed
assistance creating new forms after they were trained on the new forms development tool. The forms
development tool will not be available within the scheduled timeframe for this project’s cutover date, thus
Tiburon will be creating the forms for use by Dispatch at no additional cost to the City.
Scope Description:
1) Create forms for use by dispatch from CAD workstations. The number of forms will not exceed forty
(40), not including the forms listed in the SOW Task 9.
2) Test forms through County message switch.
3) Train dispatch users on the forms (maximum one day total).
Price Description
1) Remove from contract:
Special Forms Option: -$59,412.00
Tiburon Responsibilities:
1) See heading “Scope Description.”
Client ResDonsibilities:
1) Provide copy of forms being used on current CAD system.
Ms. Maria Callander
City of Carlsbad
CP-011: Remove Special Forms Option
October 26, 2004
Page 2
Completion Criteria:
Not applicable.
Terms and Conditions:
1) By the Client’s acceptance of the Change Proposal in the signature blocks provided below, the Client is authorizing Tiburon to proceed with the work described. Any requisite contractual documents
required by the Client’s purchasing procedures are the responsibility of the Client.
2) Except as described herein, all terms and conditions of the referenced agreement remain unchanged
and in full force and effect.
3) A revised price and payment schedule will be provided with the contract Amendment #2 which
includes this Change Proposal.
4) This Change Proposal is valid unless modified by Tiburon in writing prior to Client acceptance of the Change Proposal; otherwise, this Change Proposal will expire on November 26,2004.
Upon review and acceptance of this Change Proposal, please sign below and return the signed copy of the
Change Proposal to Melissa Wade in Tiburon’s Fremont office. Alternatively, you can fax a copy of this
letter to Melissa at 510.792.7563. If you have any questions or require further information, please contact
Darrell Richards at 714.279.1315 ext 501 at your convenience.
Sincerely,
Robert Brown
Chief Operations Officer
cc: Darrell Richards, Project Manager
Melissa Wade, Administrative Assistant
By this signature, the City of Carlsbad accepts CP-011.
~ ~~ Ms. Maria Callander Date
I
P1270
October 26,2004
Ms. Maria Callander
City of Carlsbad
2560 Orion Way
Carlsbad, CA 92008-07280
Subject: Change Proposal (CP) - 012: Reschedule Go Live
Reference: Agreement between City of Carlsbad, Police Deuartment. and Tiburon. Inc. for Comuuter
Aided Dispatch System (CAD). a Police Mobile Data System (MDSI. a Message Switch
(MS), a Mobile Mapping System (MMS), an Automatic Field Location System (AVL). and
the components and interfaces for these dated Seutember 12,2003.
Dear Ms. Callander:
Tiburon is pleased to present the City of Carlsbad with this Change Proposal to reschedule the go live
date to allow time to install CAD/Ti Version 2.2. It was mutually agreed that CAD/Ti Version 2.2 is
required to meet requirements of go live. It was also mutually agreed to extend the go live date by
approximately 30 days to allow time to install and test the new software.
Scope Description:
1) Upgrade the current CAD/Ti software Version 2.1 to Version 2.2.
2) Perform three days functional test with the City.
3) Train on new features of Version 2.2 during the CAD refresher training (48 hours).
Price Description
1) No change in price.
Tiburon Responsibilities:
1) See heading “Scope Description.”
2) Update project plan upon acceptance of this Change Proposal.
Client Responsibilities:
1) Provide personnel for the functional test.
Ms. Maria Callander
City of Carlsbad
CP-012: Reschedule Go Live
October 26, 2004
Page 2
Comuletion Criteria:
Complete upon training dispatch personnel on the CAD/Ti Version 2.2.
Terms and Conditions:
By the Client's acceptance of the Change Proposal in the signature blocks provided below, the Client
is authorizing Tiburon to proceed with the work described. Any requisite contractual documents
required by the Client's purchasing procedures are the responsibility of the Client.
Except as described herein, all terms and conditions of the referenced agreement remain unchanged
and in full force and effect.
A revised price and payment schedule and schedule will be provided with the contract Amendment #2
which includes this Change Proposal.
This Change Proposal is valid unless modified by Tiburon in writing prior to Client acceptance of the
Change Proposal; otherwise, this Change Proposal will expire on November 26,2004.
Upon review and acceptance of this Change Proposal, please sign below and return the signed copy of the
Change Proposal to Melissa Wade in Tiburon's Fremont office. Alternatively, you can fax a copy of this
letter to Melissa at 510.792.7563. If you have any questions or require further information, please contact
Darrell Richards at 714.279.1315 ext 501 at your convenience.
Sincerely,
Robert Brown
Chief Operations Officer
cc: Darrell Richards, Project Manager
Melissa Wade, Administrative Assistant
By this signature, the City of Carlsbad accepts CP-012.
Ms. Maria Callander Date
City of Carlsbad, CA
Computer Aided Dispatch and Mobile Data System
Pricing Summary Modified per Amendment No. 2
Tiburon Price Proposal Totals
Computer Aided Dispatch -- CAD/Ti $21 5,603
CAD/Ti Workstations $29,250
CAD Status Mapping $81,322
AVL -- Automatic Vehicle Location $40,868
CAD Interfaces and Subsystems $39,414
Field Automation Svstem -- FAS $121.394
Message Switch Interfaces: $154:352
Supporting Systems $17,272
$491,093 Other Technical and Professional Services
Subtotal Tiburon Software and Services
Total Equipment and Third-party Software:
$1,190,568
$571,390
100% Performance Bond $21,000
Total Project Price: $1,782,958
7.75% Software Licenses Sales Tax: $1 8,262
7.75% Equipment and Third-party Software Sales Tax: $43,865
Total Project Price, Including tax: $1,845,085
Proposed Options (tax not included)
$1 0,400
$1 93.200
52 Optional Services - Motorola Modem Install
52 Ootional Motorola Mobile Data Radio .~
2 Optional Motorola Mobile Data Radio - Spares $7,080
Padcom Option $69,250
1 Motorola RNC Interface $22,139
52 Trimble GPS Receivers
2 Trimble GPS Receivers - Spares
$53,040
$2,040
Exhibit B
Tiburon, Inc. Price Summary Page I of I Amendment 2 - October 26,2004
City of Carisbad, CA
Computer Aided Dispatch and Mobile Data System
Tiburon Software and Services Pricing Modified per Amendment No. 2
ICAD Nucleus (1 service type, 1 agency) 1 $32.000 I
Exhibit B
$32,000 I $15,330 I
Software Technlcai Warr/Malnt
Computer Aided Dispatch -- CAD/Ti
10ptional modules:
Calculated routing (requires AVL and mapping) $2,900 $40,222 543,122 $600 Phase II Cellular Included.
25% I License discount
IData Conversion
($8,725) (58.725)
not included
I Business Practice Review, Configuration, Tailoring 1 $33.876 I $33.876 I 1 Software Installation, Testing, Certification
CADnl Workstations
1 $80.484 I $80.484 1
1 ICAD General and Administrator training class 1 $7,568 [ 57.568 I
I I I I I
I I I I I 25% I License discount I (53.148)l ($3,14811
1 !CAD Configuration file and table training class
3 !CAD Dispatcherkalltaker training classes
1 'CAD ProQA/SIP training
2 1 CAD Supervisor supplementary training classes
I I , 1 I , Subtotall $9,442 1 $31,426 I $40,868 I $2,600 1
CAD interfaces and Subsystems
54,541 $4.541
519,707 $19,707
$1,583 51.583
$1,447 $1,447
AVL Subsystem
53 AVL Mobile Licenses - Concurrent
Mapping mth AVL replay
I I 1 I I I Subtotall $12,907 1 526,507 1 $39,414 1 $3,800 I
Field Automation System - FAS
$10,500 $10,500 52,100
$2.090 I 52,090 5500
not included
I Installation, Testing, Certification
Tiburon, Inc. Software and Services Page 1 of 2 Amendment 2 - October 26,2004
1 531,426 531,426 I
23
site MDS workstation soflware $44,625 $44,625
site MDS Mobile Mapping Workstation software $22.125 $22,125
1 MDS system base $17.500 517.500
$7,600
$3,800
$6,070
City of Carlsbad, CA
Computer Aided Dispatch and Mobile Data System
Tiburon Software and Services Pricing Modified per Amendment No. 2
1 /Map system base 1 $9,500
Exhibit B
$9,500 1 $1,700 1
Software Technical WarrlMaInt
25%/License discount 1 ($23,438); 1 (523,438)l
1
Business Pracbce Review, Configuration. Tailoring $9.218 $9.218
Software installation, Testing. Certification $38.971 $38,971
MDS User Training Classes $2.893 $2.893
CDMNGPRS Interface $9,600 ' $38.460 $48,060 $5,864
SUN Interface via MQ Series API $76,920 $76,920 $7,728
TCP/iP interface to State of CA $7,500 $5,176 $12,676 $1,500
Tiburon Message Reformatter $4,500 $4,500 $900
Reformat modifications $8,987 $8,987
Speaal Forms not included
I 1 I 1 Subtotal $70,312 1 $51,082 I $121,394 $19,170 j
Optional development of 40 forms. Deleted in
25%
IArnendment 2.
License discount ($2,000) ($2.000)
Subtotal $6,000 $11,272 $17,272 $1,400
1 IGCT User Training Classes
I Other Technlcai and Professional Services
1 $4,793 1 $4,793 1
Motorla RNC interface $22,139 $1,000 ~ I I t LiCenSE and Services Totals: M $0 $22,139 $1,000 I I
Tiburon. lnc. Software and Services Page 2 of 2 2q Amendment 2 -October 26,2004
CdyofCahbad, CA Compraer Aded Dlspald and Moblle Data System Eqlupment Pnaq Modified per Amendment No 2
ExMbit B
City of Carlrbad, CA
-.%L
Unit Extended Ext.nd.d
hCripl10" PrtC. Pdrr w.rranty Comment. M-1 --
Fault Tohnnt CADMSWAVL S.NW 1 fISewer3300.4U. 1-wayDMR 24GMCPU 512KBC~bwllhMuomoR P3101R-1DAS $18,158 $19 158 l8MoWarr 18m0nlhw~antyfromdataofplrchaoe. mveredunder2dlHerarLpgre.m Wind- 2OW A&& Ssw and 25 CALS. Rack-marnlabb Extended wwanly (2 pddltmal yews) added 8128
1 Eqllrh Wlcdowr 2WO Advamd Sewer (L Slratur HSSS SMOlSEN $889 loo8 0 Vwlu Volume Mmqw Lwnu fu Mrmrofl Windows 2wO SMZO $588 rotincluded Meted m Amendmsnl2 8 ftSewer 512M8 Mem~ty Module M228 $424 $3392
4 Ultra160 SCSl Enclosure Dmk SbI Fdkr Panel AA3Bzs $17 $88 lo 3808 10K WM . Uta180 SCSl -for Ullrsl80 SCSl Dlrk Storw seem 0522 $478 $4780
1 Expanran flSsrver 1461 Ultra180 SCSl Dsk Storage Sydem mlh Sprll 0528 Is 3w $5 300
2 nSe- 18 GB 3 5 15 000 WM uitraieo owk DM 0533 $438 $938
1 nSe- EXIWMI DLT em rap D~WS T513 $3885 $3885
1 Fadl.Tobrad ASN Attach KI PK403 $2 2w $2 200
1 flSe~r PCI Sot Fler Psmt (v rcbded in base dd) FBVU m&ded included
i nSeWr E~M port AS~~~~TO~US PCI ~dapter w86 $1 085 $l.Offi
2 ultralea 2 port scsi HBA . oiqr izieo U521 $488 $978
3 N Amarcan Powor Card ChragOlJap-se 120 VAC.18 Amp.NEMA515 - 7H 8501-01 $25 $75
Backplane
i nSeWr EXIW~PI ~ap ~antroit~ cable - io fwt BlMB.01 $115 $115
1 flsorver pava Cable Par. 120 VAC I15 A. Rug Type NEMA 5-15 7 fwl (pw 850101 included included
nncludad in b- mc&l)
1 Rxk brsl Lsbsl k1 for Slratua (pw nsluded In base d) AK432-01 McIuded muded
1 4U Sonic Low-vollapa -1 (pw duded In base d) AK433 nduded included
4 Dmk lllw panel (pa included m base qslom) AS380 nduded inclvded
1 flSlKvsr Rack bzd (pw included in bpa del) w32 nduded ~ncltbjed I flSeNar 33W Stratus 4U rrk pxkqmp (pw Iwluded m base del) PAloB8 nduded included
1 flSswer 33W Limited lnrtallslan IMF locd business bur8 wthm Stratus sewlcfSlNWl8 $850 1850 radwr) 1 Install flServsr 33W YI Rzck CSINW11 $em $em 1 Su mdhs Slralitus support whls +em in slqlp $3318 $3318 1 Annurt Support fvrt par IIC%zwer 33W 4U 1-way DMR 2 4 GHL CPU. 512 KB P3lOlR-ID-AS $8 700 18.7W $8 rw
Cxb Wlh Mrroroll Wlndowr 2OW Mvad Server and 25 CALS. Rack-
mounlabk
Svstem Wlh Sdit Backdam 1 Anwd Support fvrt pr Expanwon PSewer 14.bl Ultra180 SCSl Disk SlwageffiZP 13480 $3.480 13.480
Akud Support fvrt p& IISewa Extern4 DLT Bow Tape Orwe T513
asds ROWS S~IIWU~ ade ROWS S~IIWUS - ~nnual support1-p~
Symsnlk PC Anywke V10 5 Host and Remote
EC Softwwe Kelp (L Mawd 3 Smyb User Llcsnn
EC Softwwe Help 8 Manual 3 Mduanal Uw Lrenu,
Winrip mmprran Wlwm
Avmnl KVM We USB - 8'
MmUws Equipmnt and Wing
Annual Support 2nd pX ExplgDn flSeMr 14dd Ultrill80 SCSl D& hMaWD528 Systemmlh Spd Backplan
AMY4 Support 2nd px flSsrver ExlWMI DLT 8wo Tap LkNe T513
Am4 Support 2nd pa H%NW 33W.4U. 1-way DMR. 2 4 GHz CPU. 512 K0 P3lOlR 1D AS
Cxb wlh Muoron Wlndowr 2ooo &med Ssrer and 25 CALS. Rack-
nXu"tPM
hal Support 3rd pa Expanwon flSe~st 14sb1 Ultra180 SCSl Dsk Sluage 0528
System with S@il 0ackpram Annual Support 3rd par HWa Extern4 DLT Bow Tap LkNs T513 AMud Support 3rd pr HSewa 33W. 4U. 1-way DMR. 2 4 GHz CPU. 512 KB P3101R~lD-AS Cxb mth Mrromfl Window xxx) Advd Sawu and 25 CALS. Rack-
IID""tOM0
07 WO3411
cusB8
$1 082 $15 OW $2 850
$185 $289
$88 $35 $55 1250 13 541
$1 112 18 853
$3.754
11 178
$8 385
$1 082 11 082
$2 850 $2 850 115W
1185 $288
$88
$35 155 $250 13.541
$1.112
$8 853
53,754
11.178
18.385
I ShlppmnglHandllq WBB $288
SYMo(.l 1IO7,995 $l(l.lU
CARS S.N.~CAD Tnlnlng EmlmnrmnUMap Swor 247 4 Hour Rerponw for 3 Years
$2248 $2.248 3YrSuppwt 1 HP (Mmpaq) FmLiant ML3SOR03 2 2GHz ldel Xwn pmmr. 512MB RAM. -7 W1
48X Max CD-ROM. 1oI1WlwO Etknel
1 106x1 PCPlWDDR 287407-821 $788 $788
2 18 208 15Krpm U320 UNI HDD 288775822 $369 $798
3 38 408 10Krpm U320 UNI HDD 288713.B22 $348 $1.047
t NC313484PCI DudIwlw/ulop!~nkrt 138803-621 1278 $278
1 Hot plug Redundm1 Pawar Supply (MWSO G3KNo IEC powa Cad) 283865621 $243 $243
1 HP (Camp-) Sptem Suppat 24-Hwr x FDay. 4HWr Respanu Oc-Lte FM-EL72438 $769 $788
I DLT VS 40180 Tap Or-. Inlern4 28012SB21 $1 488 $1.498
coveroo(l~ 3 YBBTS 1 Mrmron Wicdowr 2wO Operatq System Cuwr Urtd Awes Lrenu, C11MM16 $888 $888
1 ax!+ RDBMS Soflware - Annual Support 1-year $2850 $2850
S15W 115.wO 1 ex!+ RDBMS Sollware
07 W03411 $185 $185 1 Symmtec PC Anywhste V10 5 Hal and Remota 1 Avomnl KVM Cable PW - 8' CIFCAB $56 $55
1 Dw blewrt Hghspeed mullkmodem adapbr - 8 malw mc&m Wlth Wll 77000583 $1 535 $1.535
&"la mmcloro
1 Mt~callanaouo Equipment and CDbllp $19 $150
1 ShlppirqMandlmp fie2 $182
S"btot.1 $28.548
247 4 Hwr Response fw 3 Yews Webc)mq S.NW I HP (Compaq) FToLtent DL38033 2 8 bund* Wlth 2 UGH2 Inbl Xaon p-~(r M8724W1 13.269 $3288 3YrSuppM
1 108 PCZlWODR(2x512MB) MOBlSB21 $878 $879
1 Billery BrM write Cache (BSWC) Enabbr 255514421 $194 $194
2 i8~G015KrpmU32ou~inD~ 286775-822 $369 $788
1 NC3123Fart EtbrmtNICPCI 1WlWWakeOonLAN irww2i $85 1% 1 HP (Corn-) System Support 24-Harr x 7-Day. 4Hwr Response OwSlls FM EL12438 1788 $788
1 MrrOrofl Wlndwr 2wO OprZAlp Syrl0m 5-user Want WSS LWM Cll-OW18 1888 $889
1 sym~dscPCAnywhsrsV105Ho~land~mole or-w-o34ii $185 $185
1 Avmnl KVM We PW. 8' CIFCA-8 155 $55
1 ShippirqHandliq $128 $128
1GB RAM. 24X Mu CD ROM. 2 I 10/10011WO Etbmt. Smul Array 51 Flu
Conlrdkr
c4w*rqe 3Ye-r
SYMot.1 17,131
2M 4 Hour Raspnu, far 3 Ye-
245181-821 $1 488 11.459 3 Yr Support
253214828 %a $182
248088-821 $324 1324
Equipment Pncing Page 1 of5 g< Amendment 2 - Oclober 25.2004
Ciiv of Carlsbad. CA E"hih* I Compuea Add dirpatm and Mobre Data System EqulpmeR Pnang Mod Bea per Amendment No 2
1 Avocent AYIOVW USBM KVM Swlch Sox AV4m $898 $889
1 Avocent 18' Rack Mounll~ K1 fa Aulovw RMK-24 $45 $45
0 Calographw Xsnten GT2 PC Vldw Adapter (1-2 monrorr) $295 rnlincluded bleled in Armdmsnl 2
0 Sony 18' LCD Flsl Pawl Display (SDMP82BBlackJ $0 rnlimluded Removed per Amendment NO 1
1 ShlppmgRlandliq $486 $488
Subtow $6.412
S~NW end DI~pIck-mly N.tworll H.rdwam o Cism Catalyst 24-port 101100EASE-TX Fasl Ethernet managed 1 rackmounlable swnch wdh2 10/1W1WOBASE-T ports and data secunyl wsc2850T-24
$1.018 mt included 80 Day Suppod Rem& Amsndmenl2 I I lpmtedbn I 0 Cism 281 1 Ethernet Rouler wlh Two Ethernet ports for CAD system IAN CISCO281 1 sqmentalwn
$1 878 mt induded 80 Day Supprl Rem& Armndmsnt 2
1 Md1a-w C.blrg $50 150
0 ShippnpMandling $64 mllnduded
S"Md.1 $50
VPN Remde Access Addsd I" hndrnnt2 I 1 lCism VPN 3005 Concentrator I f2895 12895
1 Shippiw$Handlmng $15 115
SuMotal $2,910
Q.o(lnphk Conversion Toolkit (QCT) Workstation 11 124 $1.124 1 HP (Compaq) Em D510 Converbbte Mimower with Intel Penlium 4 Pmcessor 2 40 GHz (533 MHz Fmnt Sdde Bus) 512MB PCZ100 (266 MHr) DDR memory 4ffiB Uitra ATA 100 (7200rpm) integrated Intel PRWlCQ VM nwrk mnnedwn 1 44MB Floppy DlSk Dnve 48X max CD-ROM Compaq USE Scmll Mouse Compaq Carbadsilver Internet keyboard System Documentalwn Kd Integrated lntei audm Restore CD Miamofl Windom 2WO Pmfesswnal (Swvce Pack 2) 3 yeam Parts 1 Labor with 3 years Next Busmess Day ons8te 0 Sony 18" LCD FIP Panel Display (SDM-P82B-B1ackj SO mtincluded
1 Colorgraphics Xenlera GT2 PC1 Vddeo Adapier (1-2 dsplays) $295 1295
3 Year Nexl Day Supprl
3 Yr Nexl
1 Symanles PC Anywhere V10 5 Host and Remote 07-GW33411 $185 1185 1 Shippir@Hardling sm $ea
SubloW $1,690
WII 1.k wor*.t.tion. 3 HPlCommlD530 Converbble Mimwer wdh
247 4 Hour Response for 3 Yews
11 539 $4918 3YrSupFOrl
'We1 ie&m 4 Pmcessor 2 80 GHz (533 MHL Fmm Slde Bus) 5lZMB PC2700 (DDR333) Memory 4ffiB unra ASA 100 (7200 rpm) Integrated Intel PRO/IOW Glpabl Wvmrk mmectwn 1 44MB Floppy Disk Dnve 48X max CD-ROM Compaq USE Scroll Mouse Compaq carbodsilver Internel keyboad System Documemtatwn Kd Integrated Intd audw
Restore CD Mcmsofl Windom Zoo0 Pmfesswnal (Service Pack 2) 3 years Parts 1 Labor wlh 3 years 24x7 4-hour response onsde lo rntinduded Removed per Amendmen1 No 1 0 Sony 18' LCD Flat Panel Display (SDM-P828-Black)
3 Colorgraphics Xentera GT4 PCI Vddeo Display Adapter (1-4 mondors) 1589 $1.786
$112 $336
S"MO1.I $7.050
Mbrgraphrr 24 mnlh pyts and labor wanly180 dey CdIe WmanlY
3 ShipptglHandling
2417 4 Hour Rsrpw for 3 Yeils D~~~cNSU~NISO~ WorkstMlons 8 HP(Compaq) 0530 Conveitible Mmower wtlh $1 839 18.935 3YrSuppDn Intel Pentium 4 Pmcessor 2 80 GHz (533 MHr Fmnt Side Bus) 512MB PC2700 (DDR333) Mmry 4ffiB Uitra ATA 100 (7200 rpm) Integrated Inld PROllOW Glpabd Wvm& mmectwn 1 UMB Floppy Disk Dnve 48X max CD-ROM Compaq USE Scmll Mouse Compaq carbodsilver Internel keyboard System Documentamn Kd integrated Intel audw Restore CD Miamsoft Windows PWO PmfesswMl (Servce Pack 2) 3 years Parts (L Labor wlh 3 years 24x7 .(-hour response onstle 0 Sony 18' LCD Flat Panel Display (SDM-P82BBlack) SO mlindudad Rem& pr Amndmnt No 1
8 Colorgraphics Xenlera GT4 PCI Vldea Display Adapter (1-4 momtors) 1588 $3583 Mlorgraphrs 24 mnth pBrls and labar warranlyl80 day cable warranty
8 Stupping/Handliq $138 1816
SubIot.1 $11244
Tlm. Synshronlutlon Hardwan 1 Spclrxom NeIChCWNTP Nmrk Tam Rovldsr (leu antema) 8189 $1.944 11 944 FN~ par spurom warranty OPT 03 5228 $228 FN~ year Spurom waranty 1 Splramm Rack Mwnl Adapler fa model 8189 NeldOcWNTP 8225 $254 $254 FN~ BY Spmrrom warrardy 1 Splrrom Mlldoa Anlenw 1 Spbrom GPS Antenna Sur@ Prolaclor 8228 1221 $221 Ow yea sptrrom wwranly 1 AnlemnAdaptor CAllool $82 $82 On pa splramm wwranly CA07 1 00 5215 1216 FN. year S+xlrrom warranty 1 1W FI Antmna Cue 1 SpcbromTmeVw400Model8177 GnenLED. 120(24-bur.4(rhgh 8175 $868 see4 FNC year SpeClrrom warranty
hour8 and miwles dkyls. 2 3' hlph seconds dglls
nbumn. Inc. Equipment Pnaw Page 2 of 5 Amendment 2 - Wber 25,2004
city of Cahbad. CA Computer Aided Dispatch and Mobile Data System Equipment Pridnp Modif!& pr Amendment No. 2
Exhibit B
unit u1.nd.d ~xt.n.w
PriU Pdc. W.rrO"ly Comment. -- Dncrlpllo"
Antems bl MourV . Imlatlall(m $600 $6w
1 Shippig/Handllng SZB $28
Sublow $4.435
PdnION
2 HP LaserJet 4200n network ready pnmer up lo 35ppm b!ack and whne Q242EA#ABA $1.478 $2 By] 1 Yr war Om px limited wpnanty from dale 01 purchase relwn to HP
2 SMppig/Handlimg 552 $104
S"bl0t.l t3.m
SYM0t.l 1154%
MM: Irut.llallon S.NIUS All GRYCDMA &m 10 k povW by Clly Irutdlalan dsleted Amndmnl2
All GPS -NWS lo k pvlded by Cly 8s part of GPRYCDMA &ma Quote From Day W~reless
0 Cmwn Vldoru InrlzJlalon 1850 mllncluded "des the City sdecls lb Tlbumn oplwnat pKl!K&urchase of this
0 TNCh and SW InSlallillWn $780 mtinduded equipmen1
0 Motorcple InsIaMwn 5780 mtinduded
SYblDW $0
MM: th&m for Crown Wctorl. Vehiclss Warrardy pr Data81 1 king of May 18,ZW. Amndmnl 2
Quote From Dsla911
50 Data911 M5 MDbile Data S@sm
50 12 1'Dirplsy induded vrluded
50 Wlndowr2OWOS bncluded included 50 Rugged Keyboard lnduded included
50 Psnlvlm M 1 lGHl Rmssor LJppr.de $35920 $17860
$4 786 W $239 803 012.OW DalaOlI Rrlng dated May 18.2CC4 - AmsndmnI2 I
50 RAM Upgrade to 512Mb $11920 $5880
50 Touch Pen SlW 57920 $3860
0 Mqlah Cud Reader $8900 Wllncluded
50 RemVeabIe Hd DrNe $7600 s3aw
50 40 0 GB Hd Drrve Upgrade $10320 $5,180
50 Exlarded Warranty (an, ysr I&M fmm dab of PrChaseJ 548000 $24W
50 TNnk munl Cab M S13520 $6.760
50 Powsr manqsrrvnl duk tncluded included
1 Dashlop display mount $14900 $148
Thw line item pw&* the City wth a Ihw par wanly from dale ol prchase
50 =lPP'w 159m $2850
SYbl0t.l $310,400 112,WO
LJpgr.de Pilot P~-s.oN lo M1.1 QHz Procea.(v.
3 Pedium M 1 lGHz Rm-r Umrads $160 w 5480
S"b1Ot.l we4 $0
MOCH.rdw.nf~rTrusk..ndSWo
Qwle Fmm Dsls811
0 DaIaQIl MS Mob& Data System $5,810 Wl lnduded UpdaM wllh Data81 1 pr(n(l on W4103 Included m 50 Units PbOVe by Amendmnl2
0 12 1'Dirplql Included lwddd
0 RtqpdKeWd Induded #&dad
0 Wlnd~*2WoOS Included Idded
0 Fnntum Ill 1 CGHL Upgrads $374 wlincluded
0 RAM Uppr.da lo 512Mb $150 Wllncluded
0 40 0 OB Head Dr~s Upgrade $220 Wllncluded 0 Twch Pen Stylus $110 WlIncludsd
0 Exlwnat CD ROM $220 mllncluded 0 Extended Warranty (om par lncludad ham date of purchase) $528 Wlvrluded $780 mI irrludsd
$110 WI lrrluded 0 Mqleh Card Reader
0 VeWe lnrlatlallon KI indudas munl cables. fuss loom OIC
S"blo1.l $0 $0
MOC Hardwan for Mo(orcyclss
Qwle Fmm P~WSOOK
6 PawronrTouqMODk07 $2 880 $17.340 3 Yr Warr 3 Yea Limoled Warranty fmm dale of purchase on laplop a-d display
6 6 4' Moblls Data Duplay $1.870 $11.220
6 wlrdwn2OWos induded bnduded $330 $1,980 8 RuggedKeybolrd 6 Ram Ummda lo 128 MB $121 $728
8 TWCh Pen Stylus $10 $80
8 Vehlda InslzJlaton Iw IXIUdes munl. cables, fuses. bm OIC $830 54.980
8 Mqlak Cud Reader $110 $580
S"Mot.1 $0
13 Mo War 13 mrdh warranty frm date Of purchase Spn Moblk thrdwan Quote From DstsOl 1 I Panaronr $480 Updated with Data911 pm(1 on WU03 Ddeted Arrvndrrvnl2 I 0 Dab911 M5 Mobde Data Compula $5810 Wflnduded
0 12 l-Dirplay wuded mnduded
0 wlndowl2OWos mduded included
0 RuggedKeybwd mcluded included
0 Penlum 111 1 CGHz Uwr& $374 mlincl~dd
0 40 0 GB Hard DW~ LJppr.de 5.720 mlincluded
I110 ml included 0 TwchPenSyur 0 Exlended Wpnanly M5 (OM ys= included from dale d purchase) $530 mlinduded
1 Pan-nc CFZB RugQedued Laplop $8 190 $6 180 3 Yr Wn 3 Year Limited Warranty from dab 01 purch- on Ihplop and drrplay
0 RAM Upprade Lo 512Mb $150 W1lncl"ded
Amendment 2 - OCtabw 25.2W4 Tiburon. Ins. Equipment Pnang Pape 3 of 5
Cty of Carlsbad. CA Computer Add Dapatch and Mobile Data System
Equipment Pncinp Modrfed per Amendment No 2
Exhitit B
1 w~wa2woos vxluded included
1 Ram Upgr.ds lo 120 MB $130 $130 1 RuppdKeykaud $330 $330
1 Extended Wamanly 07 f580 $580
1 Touch Pen Slys $10 110
Pads- Option No1 Included I" pfopold p"ce
at!-% Fmm Pam
-0 wppoll fw up to 1W dmls Pllo Includ~s NLY ~ib wmponnl Umnts ete prchssad
sepsraldy I&deo P Way rohara manly
sepsrattely Includes a %day lollware warranty
saparalely Includes a Wday lohull wanly
1 COn-Iwily Galway - 1W Uir Llcsna TGCG01-0100 $7202 $7.200
TGCGOl $1 080 11.080 Sewa s& cost for additand nwk addqlear Usnli we prchased
TSE-GO1 $3 080 $1,080 Seww s& of Ihe Told Sccurs Encryp(mn Umnlr ae prchased
TCPRGOl $1 080 $1 080 Clinls ete prchssad separately Includes a %day saftwpn wananly
TRE-001 $1 om $1.080 Ulenlp we puwhaad separately lncludes a %day xlfiwpn Wanly
1 Told Conml NeWk Adsplat Module
1 Told Scum Enuyptwn Module
i TOM bird pod ~outurg MOM^
1 Told Roam EUlprs Module
Tlburon, Inc. Equipment Pridnp Page 4 of 5 28 Amendment 2 - Odok 25.2001
CityofCahbad, CA Computer Aded Dlspalch and Mobile Data System Equipment Pnclnp ModiW per Amndment NO. 2
Exhitdl B
Equipment Pridp Pwe 5 of 5 i2q Amendment 2. October 25.2W4
EXHIBIT F
AMENDED PAYMENT SCHEDULE
Business Practice Review
Payment
$62,410.92
$1 04,812.20
Task
Task 3 CAD and Mobile BPR and Workflow Review
Deliverable: This task is considered complete when: (a) all interfaces listed in the
Interface Control Document have been identified and the functional requirements fully
documented as defined in Step 3 of Task 3; (b) a mutually developed Change List is
provided to the City (c) the City and Tiburon reach written agreement on the hardware
configuration required to support the subsystem outlined in this task; and (d) a mutually
developed draft test plan is provided and approved by the City. Task completion will be
confirmed by the City’s signature on the task sign-off letter prepared by Tiburon.
Task 5 Prepare, Submit, and Finalize Change List
Deliverable: This task is considered complete when the City has received the revised
project schedule required by Task 4, the mutually developed Change List, Interface
Control Document, hardware configuration, and draft test plans, and the City has
determined whether or not to proceed with the project, and it has either been determined
that a change order is not required or the parties have executed a change order. Task
completion will be confirmed by the City’s signature on the task sign-off letter prepared
by Tiburon.
CAD and Mobile Tasks
$1 06,831.78
(adjusted for
overpayment
on milestone
payments for
Task 3 and 5)
$117,111.84
$78,074.56
Task 6 CAD Equipment On-site Installation
Deliverable: This task is considered complete when: (a) the CAD/Ti hardware and
application modules have been installed, and successfwlly tested; (b) a software image on
CD has been developed and tested and the City has been trained on how to install CAD
software on future CAD workstations; and (c) the City has received a complete inventory
list of all equipment as installed (as detailed in Task 6(g)). Task completion will be
confirmed by the City’s signature on the task sign-off letter prepared by Tiburon.
Task 7 CAD System Tailoring and Customization
Deliverable: This task is considered complete when the City has received from Tiburon
the “As Built” Documentation of the tailoring and custom software changes which have
been installed and successfully unit tested, and Tiburon has successfully installed the
Message Switch software on the CAD server and configured and demonstrated it to
support communication between local workstations. Task completion will be confirmed
by the City’s signature on the task sign-off letter prepared by Tiburon.
Task 8 Geographic File Conversion and Loading
Deliverable: This task is considered complete when: (a) the Geographic Conversion
Tool (GCT) workstation has been configured; (b) all of the City’s ArcInfo data required
to populate the required CAD files and the mapping databases has been successfully
converted; and (c) Tiburon has provided training on the GCT program and the mapping
import process.
$78,074.56
$78,074.56
$97,593.20
Task 9 Message Switch Interfaces (SUNKLETS)
Deliverable: This task is considered complete when Tiburon has (a) installed and
successfully tested all software required to support the interface to CLETS via the SUN
message switch and Reflections 3270 emulation software on the CAD dispatch
workstations; (b) demonstrated the CLETS reformatted message transactions listed in
Tiburon responsibility item c in Task 15; (c) demonstrated the 40 additional CLETS
transactions and; (d) demonstrated all functions, functionality and compliance with the
performance requirements listed in Exhibit E for the interface to
SUN/CLETS/NCIC/NLETS; and (d) trained the City in the use of Reformatter utility.
Task completion will be confirmed by the City’s signature on the task sign-off letter
txemred bv Tiburon.
Task 10 Mobile Data Computer Pilot Install and Interface
Deliverable: This task is considered complete when Tiburon has: (a) installed MDC
software on the five (5) mobile units in the five (5) pilot vehicles; (b) developed and
tested a software image on CD and trained the City’s Project Manager on the MDC
software installation process; and (c) demonstrated and successfully tested the ability of
the pilot set of mobile units receiving dispatch messages, entering status changes,
displaying data from CAD data files and inquiries into remote databases. Task
completion will be confirmed by the City’s signature on the task sign-off letter prepared
by Tiburon.
This payment will occur only when all 3 of the following Tasks have been completed
per the terms of the Agreement:
Task 11Mobile Mapping Installation and Configuration
Deliverable: This task is considered complete when Tiburon has: (a) installed the
Mobile Mapping software in five (5) pilot mobile vehicles (the same pilot vehicles
referenced in Task lo), and (b) completed the test by successfully demonstrating the
interface to CAD, and (c) completed the test by successfully demonstrating mobile
mapping functions in those vehicles. Task completion will be confirmed by the City’s
signature on the task sign-off letter prepared by Tiburon.
AND
Task 12AVL System Pilot Installation and Configuration
Deliverable: This task is considered complete when Tiburon has: (a) installed the AVL
software on applicable server(s) and in the five (5) pilot mobile vehicles (the same pilot
vehicles in Tasklo), (b) completed the test by successfully demonstrating the interface to
CAD, and (c) completed the test by successfully demonstrating the ability to use all
features and functions of the AVL in the five (5) pilot mobile vehicles. Task completion
will be confirmed by the City’s signature on the task sign-off letter prepared by Tiburon.
AND
Task 13 911 Mapping Installation and Configuration
Deliverable: This task is considered complete when Tiburon has: (a) successfully
converted the City’s ArcInfo GIS data and map and loaded it into the mapping
environment; (b) installed and successfully tested the 91 1Mapping Maverick software on
all CAD workstations; (c) installed and successfully configured the Mapping and AVL
server connected to the Communication Center network; (d) successfully demonstrated
the CAD interface to Maverick; (e) has successfblly demonstrated the mapping
functionality; and (f) certified that the mapping component is complete and ready for
$39,037.28
$58,555.92
$58,555.92
$97,593.20
Retainage
preliminary testing of CAD. Task completion will be confirmed by the City’s signature
on the task sign-off letter prepared by Tiburon.
Task 16 NetClock Time Synchronization Equipment Installation
Deliverable: This task is considered complete when Tiburon has successfully completed
installation of the NetClock device and the connectiodinterfaces of that device to the
other devices as defined in the Interface Control Document, and demonstrated each
device to confirm internal clock synchronization from the NetClock time. Task
completion will be confirmed by the City’s signature on the task sign-off letter prepared
bv Tiburon.
Task 20 CAD, MDS, Mobile Mapping and AVL System Integration Testing
Deliverable: This task is considered complete when all CAD, AVL and Mobile
equipment required for production operation has been installed and Tiburon has
demonstrated all internal and external interfaces to ensure that the combined systems
operate together. Task completion will be confirmed by the City’s signature on the task
sign-off letter prepared by Tiburon.
Task 21 CAD User Documentation and Training
Deliverable: This task is considered complete when: (a) City accepts a Training Plan
developed exclusively for the City by Tiburon; (b) City accepts updated documentation
reflecting all tailoring and customization performed in previous tasks: and (c) Tiburon
completes the scheduled technical and user training for Phase 1 described in Task 2 1
Task completion will be confirmed by the City’s signature on the task sign-off letter
prepared by Tiburon.
Task 25 CAD, MDS, Mobile Mapping, and AVL Preliminary Test
Deliverable: This task is considered complete when Tiburon demonstrates CAD, MDS,
Mobile Mapping, AVL, and applicable interfaces operate accurately and reliably in a
production environment for at least thirty (30) calendar days. Task completion will be
confirmed by the City’s signature on the task sign-off letter prepared by Tiburon.
Final System Acceptance
Following Final System Acceptance by City Council
Payments for each milestone shall be made upon completion of the respective task(s) listed and
described above and in accordance with the terms of the Agreement. The task completion
description of each milestone supplements and is in addition to the statement of work.
Payments for all Hardware and Third Party Software (as defined in the agreement) shall be made
following transfer of title per Section 16.0 of the Agreement.
75% of the Tiburon license fees shall be paid when Tiburon’s CAD, MDS, and Mapping
Application Software is installed at the City on a City-supplied workstation. Such workstation
will be supplied within 30 days of Tiburon’s request. The balance of the Tiburon license fees
shall be paid upon cutover of CAD. Due to a reduction in the value of the software license fees,
this final payment for the remaining balance of software license fees will be adjusted to give the
city full credit for all payments made on software license fees.
The City will retain 25% of every invoice, including license fees, services, hardware and
third party software
AMENDMENT NO. I TO AGREEMENT FOR A FULLY INTEGRATED PUBLIC SAFETY
INFORMATION SYSTEM INCLUDING THE MAJOR SUBSYSTEMS OF A COMPUTER AIDED
DISPATCH SYSTEM(CAD), A POLICE MOBILE DATA SYSTEM (MDS), A MESSAGE SWITCH
(MS), A MOBILE MAPPING SYSTEM (MMS), AN AUTOMATIC FIELD LOCATION SYSTEM
(AVL), AND THE COMPONENTS AND INTERFACES FOR THESE SUBSYSTEMS
Tiburon Inc.
into and effective as of the 26 dA day of
I nc, (“Contractor“) (collectively, the “Parties”) for a fully integrated Public Safety Information
System, including the major subsystems of a Computer Aided Dispatch System (CAD), a Police
Mobile Data System (MDS), a Message Switch (MS), a Mobile Mapping System (MMS), an
Automatic Field Location System (AVL), and the components and interfaces for these
subsystems.
agreement dated Sept 12, 2003 (the
a municipal corporation, (“City”), and Tiburon
RECITALS
A. The Parties desire to alter the Agreement’s Statement of Work and Pricing and
System Deliverables to: 1) Remove the Push to Talk Interface; 2) Change Tiburon Mobile
Mapping to Maverick 9-1 -1 Mobile Mapping; 3) Remove 29 18” Sony Flat Panel Displays; 4) Add
one CARS Development License; 5) Modify Advanced and Refresher training to be optional; 6)
Change CARS to CARS Data Warehouse.
B. The Parties have negotiated and agreed to change orders, which are attached to and
incorporated by this reference as Exhibit “A“, Tiburon Change Orders.
C. The Parties have negotiated and agreed to an amended statement of work, which is
attached to and incorporated by this reference as Exhibit “B”, Amended Statement of Work.
D. The Parties have negotiated and agreed to an amended Pricing and System
Deliverables, which is attached to and incorporated by this reference as Exhibit “C”, Amended
Pricing and System Deliverables.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have
been amended from time to time, Tiburon Inc. will provide those services described in Exhibits IIAI?, IIBII and IICII
2. City will pay Tiburon Inc. for all work associated with those services
described in Exhibits “A”, “B” and “C” according to the original Agreement’s Project Milestone
and Payment Schedule. This amendment reduces the amount of the contract ninety thousand
nine-hundred and sixty-seven dollars($90,968).
3. Due to the reduction of the value of the contract, the final payment for the
remaining balance of software license fees will be adjusted to give the city full credit for all
payments made on software licenses fees.
City Attorney Approved Version #05.22.01
1
4. All other provisions of the Agreement, as may have been amended from
time to time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by Contractor pursuant to
the Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
6. 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
- Robert BrchNice President & COO
(pri h t na melt it le)
bbrown@tibinc.com
(e-mail address)
**By:
CITY OF CARLSBAD, a municipal
corporation of the State of California
ATTEST:
A
LORRAINE M. WOW
U City Cierk
(sign here)
W. C. RocWSecretarv
(print nameltitle)
Wcrock4231 @aol.com
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor 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.
APPROVED AS TO FORM: RONALD R. BALL City Attorney A
Deputy City Attorney
City Attorney Approved Version #05.22.01
2
CALIFORNIA
ALL-PURPOSE
ACKNOWLEDGEMENT
STATE OF CALIFORNIA 1
COUNTY OF )
On nrn 1s. 2- , before rne,E&ar - a sh 'ucrs, Lo+ 1
I DA~E NAME, TITLE OF OFFICER -k.G., "JANE DbE, NOTARY PUBLIC"
> personally appeared, >&WYT &--fih-, - P, \1Q 4 Cm
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) Mare subscribed to the within instrument and acknowledged to me that he/she/
they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
(SEAL)
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
VJ *I
NUMBER OF PAGES L c
A ckn o wledgem en t Certifica f e
State of .4' ~ l&l
County of AN JihbY
On this
personally appeared &. c . cock , known to me
(or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to within
the instrument and acknowledged that helshelthey executed the same for the purpose
9 *day of May , 20&, before me, the undersigned officer,
therein contained.
In witness hereof I hereunto set my hand and official seal.
Notary Public Signature
[Notary Seal] Notary Public
My Commission expires 0 C-b b a-00
Katherine A. Moore
Notary Public, State of Maryland
Qualified in Anne Arundel County
hnmission Expires October 10, 2004
Exhibit A
Tiburon Change Orders
Itemized List of what Contractor will do for City and at what price.
Revised Change Proposal (CP) - 001: Remove Push to Talk Interface
Scope Description:
1) Remove the Push to Talk interface and related costs from the above referenced contract.
Price Description:
Change Proposal firm fixed price:
Push to Talk Interface Licenses: -$I 0,600 Sales Tax (7.75%): -$616
Services: -$ 7,901
Credit Subtotal: -$19,117
Remove 25% Discount on License: $2,650
Credit Total: -$16,467
The estimated maintenance amount for the Push to Talk Interface of $2,200 will be removed
from any future estimated maintenance amount calculations.
Tiburon Responsibilities:
1) None.
Client Responsibilities:
1) None.
Completion Criteria:
Upon Tiburon receipt of the signed Amendment 1.
Revised Change Proposal (CP) - 002: Change Mobile Mapping to Maverick 9-1-1 Mobile
Mapping
Scope Description:
Exhibit A: Page 1
Exhibit A
Replace mobile mapping with Maverick 9-1-1 mobile mapping at no additional cost. No change
is necessary to the Statement of Work (SOW). All references to mobile mapping from this date
forward are to the Maverick 9-1-1 mobile mapping product.
Price Description:
No cost. The estimated maintenance amount for the Maverick Mobile mapping will remain the
same for maintenance amount calculations.
Tiburon Responsibilities:
2) No change from original SOW.
Client Responsibilities:
2) No change from original SOW.
Completion Criteria:
Upon Tiburon receipt of the signed Amendment I.
Change Proposal (CP) - 003: Remove Flat Screen Monitors
ScoDe Description:
At the request of the City, the equipment listed below will be removed from the equipment list:
Unit Extended Qtv Description - Price - Price
29 Sony 18” LCD Flat Panel Display (SDM-P82B-Black) -$960.00 -$27,840.00
Subtotal:
Sales Tax (7.75%):
Credit Total:
-$27,840.00
-$2,157.60
-$29,997.60
Price Description:
A total of $29,997.60 will be removed from the above referenced contract.
Client Responsibilities:
Purchase and install replacement equipment in accordance with Tiburon’s specifications.
Completion Criteria:
Exhibit A: Page 2
Exhibit A
Upon Tiburon receipt of the signed Amendment 1.
Change Proposal (CP) - 004: Add CARS Development License
Scope Description:
At the request of the City, a CARS development license will be added to the above referenced
contract: Unit Extended
Qtv Description
1 Additional CARS Development License
1 Tiburon Technical Services
Subtotal:
License Discount (25%):
Subtotal with Discount:
Sales Tax (7.75%):
Total:
Price - Price
$800.00 $800.00
$777.00 $777.00
-
$1,577.00
-$200.00
$1,377.00
$46.50
$1,423.50
Price Description:
A total of $1,639.00 will be added to the above referenced contract.
Tiburon ResDonsibilities:
1) Install the additional CARS development license in accordance with the project schedule.
Client Responsibilities:
Provide a workstation on which to install the additional CARS development license in
accordance with Tiburon’s specifications.
Completion Criteria:
Upon Tiburon receipt of the signed Amendment 1
Revised Change Proposal (CP) - 006: Remove Training
Scope Description:
Remove Refresher Training and Advanced Training from the above referenced contract:
Exhibit A: Page 3
Qtv Description
1 Refresher Training
1 Advanced Training
Exhibit A
Unit Extended - Price Price
-$22,963.00 -$22,963.00
-$22,963.00 -$22,963.00
Price Description:
A total of $45,926.00 will be removed from the above referenced contract and place as an
available option as indicated in the contract language.
Completion Criteria:
Upon Tiburon receipt of the signed Amendment 1.
Change Proposal (CP) - 007: CARS Data Warehouse
Scope Description:
Change all references to the CAD Activity Reporting System (CARS) to the CARS Data
Warehouse within the Statement of Work (SOW).
Price Description:
Not applicable.
Completion Criteria:
Upon Tiburon receipt of the signed Amendment 1
Exhibit A: Page 4
Exhibit B
Amended Statement of Work City of Carlsbad Public Safety Computer System
EXHIBIT B
AMENDED STATEMENT OF WORK
TABLE OF CONTENTS
Task 1 Project Initiation and Project Management ...................................................................................... 2
Task 4 Develop CAD and Mobile Project Schedule .................................................................................... 8
Task 5 Prepare. Submit. and Finalize Change List ................................................................................... 8
Task 7 CAD System Tailoring and Customization ..................................................................................... 10
Task 9 Message Switch Interfaces (SUNKLETS) .................................................................................... 12
Task 1 I Maverick 9-1 -1 Mobile Mapping Installation and Configuration ................................................... 15
Task 14 CAD System Interfaces (E91 1. Paging. PTT) .............................................................................. 17
Task 15 CAD General File Building ........................................................................................................... 18
Task 16 NetClock Time Synchronization Equipment Installation .............................................................. 19
Task 17 CAD Ancillary System Installation ................................................................................................ 20
Task 18 Final CAD, AVL, Mobile Equipment Installation ........................................................................... 21
Task 19 CAD, MDS, Maverick 9-1-1 Mobile Mapping and AVL Functional Testing .................................. 21
Task 20 CAD, MDS, Maverick 9-1-1 Mobile Mapping and AVL System Integration Testing .................... 22
Task 21 CAD User Documentation and Training ...................................................................................... 23
Task 23 MDS, Maverick 9-1-1 Mobile Mapping and AVL Performance Test ........................................... 27
Task 25 CAD, MDS, 9-1-1 Mapping, Maverick 9-1-1 Mobile Mapping, and AVL Preliminary Test ......... 28
Task 2 Business Practice Review (BPR) Kick-off Meeting and BPR Guidelines ........................................ 5
Task 3 CAD and Mobile BPR and Workflow Review ................................................................................... 6
Task 6 CAD Equipment On-site Installation ................................................................................................ 9
Task 8 Geographic File Conversion and Loading ...................................................................................... 11
Task 10 Mobile Data Computer Pilot Install and Interfaces ....................................................................... 14
Task 12 AVL System Pilot Installation and Configuration .......................................................................... 16
Task 13 91 1 Mapping Installation and Configuration ................................................................................. 16
Task 22 CAD Initial System Performance Test ......................................................................................... 26
Task 24 CAD, MDS, Mobile Mapping, and AVL Certification and Production Cutover ............................. 28
Task 26 Final System Acceptance Test .................................................................................................... 30
Exhibit 8: Page 1 May 5. 2004
City of Carlsbad Exhibit B
Public Safety Computer System Amended Statement of Work
PROJECT STATEMENT OF .WORK
General Scope:
This Statement of Work defines the principal tasks of both parties for the implementation of an integrated
Computer Aided Dispatch, and Mobile Data system to support the City of Carlsbad (hereinafter called the
“City”) Police dispatch operations. The System to be installed by Tiburon will include all necessary
hardware and networking components for the System to be fully operational on the City’s existing network,
and will consist of the following primary software components:
0
0 Automatic Vehicle Location (AVL)
0 Integrated Message Switch (MSS)
0 Mobile Data System (MDS)
Computer Aided Dispatch (CAD/Ti) system
Including, but not limited to the following primary subsystems:
0 Maverick Mapping
0 Maverick 9-1 -1 Mobile Mapping
0 CAD Activity Reporting System (CARS) Data Warehouse
0 Strategic Incident Protocol (SIP)
0 Interfaces to external systems (Exhibit E, tnterface Control Document)
The implementation of the System will be in accordance with the tasks listed below and shall be completed in accordance with the Project Schedule, Exhibit C. As each task is “completed,” Tiburon will
submit a written statement of completion to the City and request authorization to invoice in accordance
with the terms of this Agreement. In some cases, with written authorization of the City, there may be items
that will not be installed as a component of a particular task, or software errors or deficiencies, which will
not circumvent Tiburon’s ability to submit an invoice for that task. Acceptance and payments will be in
accordance with the terms of this Agreement.
Task 7 Project hitiation and Project Management
Task Description:
This task will include the responsibilities associated with Tiburon’s Project Management duties during the
Project. The Project will begin with a Project Initiation meeting to be held at City facilities that will include
all key City and Tiburon Project participants. Tiburon will schedule and complete the Project Initiation
meeting within thirty (30) calendar days following contract execution and receipt of a written notice-to-
proceed from the City. The objectives of this first meeting include, but may not be limited to:
0
0
0
0
0
0
0
0
0
0
0
Introducing all Project participants;
Reviewing roles of key participants;
Establishing a clear chain of communication and authority;
Reviewing general Project scope and objectives;
Reviewing the initial Project Schedule;
Reviewing the Business Practice Review (herein referred to as the “BPR) Process;
Reviewing resource and scheduling requirements for the BPR meetings;
Reviewing Change Order Procedures;
Reviewing the Statement of Work;
Reviewing both parties’ responsibilities in the areas of Project Management;
Reviewing this Agreement and all Exhibits.
Subsequent Project Management meetings will be held not less than once per month at City facilities. The
Exhibit B: Page 2 May 5,2004
Exhibit B
Amended Statement of Work City of Carlsbad Public Safety Computer System
objectives of subsequent Project Management meetings will include, but not be limited to:
Reviewing activities that have occurred since the previous Project Management meeting;
Reviewing outstanding issues and tasks that have not yet been completed;
Identifying late tasks and schedule for priority action as needed;
Reviewing updated Project Schedule and new tasks identified since the previous meeting;
Reviewing upcoming events for the subsequent 30 - 60 day period and identify new tasks and
assignments as needed;
Discussions with Tiburon regarding upcoming City-related tasks and the resource and time
requirements recommended by Tiburon for each.
Review and update the entire Project Schedule as needed;
Assigning resources as needed for new tasks identified;
Creating, updating and maintaining a task list that identifies tasks, to whom assigned and due
dates;
Identifying adjustments that may be required in the Project Schedule;
Plan the upcoming activities, identify tasks and subtasks and make assignments;
Other activities as deemed necessary by the City or Tiburon;
Scheduling the next meeting.
Responsibilities include, but are not limited to:
Tiburon will:
a. Designate a Project Manager and a Backup Project Manager acceptable to the City who will direct
Tiburon's efforts and serve as the primary point of contact for the City. The responsibilities of the
Tiburon Project Manager include, but are not limited to:
Maintaining Project communications with the City's Project Manager throughout the duration
of the Project.
Managing the efforts of Tiburon staff and coordinate Tiburon activities with the City's Project
team members.
Scheduling and chairing the Project Initiation meeting and all subsequent Project
Management meetings.
Conducting Project Management meetings on-site at City facilities with the City's Project
Manager on a monthly basis, or as may otherwise be required by the City to discuss Project
status.
Preparing the agenda for each Project Management meeting and submit the draft agenda to
the City for review and approval not less than five (5) business days prior to the next
scheduled meeting.
Developing a detailed Project Schedule that will supplement, but not conflict with this Scope of
Work.
Preparing monthly project status reports. In each report, Tiburon shall identify and document
any milestones missed, late deliverables, and any impediments that Tiburon may detect that
willlmay interfere with the successful completion of this project or the completion of this
project in the amount of time allocated by this Agreement.
Measuring and evaluating progress against the Project Schedule.
Resolving deviations from the Project Schedule that are within Tiburon's control.
Monitoring the Project requirements to ensure that Tiburon support resources are qualified
and available as needed in order to successfully complete Tiburon's tasks and responsibilities
as described in this Agreement.
Coordinating and overseeing the installation and successful completion of all application
software, hardware and services provided under this Agreement.
Discussing and recommending resource and time requirements for City-related tasks, which will be reflected in the Project Schedule.
Acting as a liaison with all City-provided vendors and associated City and County agencies.
Exhibit B: Page 3 May 5,2004
City of Carlsbad Exhibit B
Public Safety Computer System Amended Statement of Work
b. Establish a mutually agreeable Project Schedule of the work to be performed during the Project,
that supplements and does not conflict with the terms of this Agreement and where appropriate,
allowing for any mutually-agreed upon schedule changes.
Prepare the agenda for all BPR meetings. All BPR meetings will be held at City facilities.
Deliver one complete set of Documentation to the City in electronic format and two (2) complete
sets of hard copy Documentation in three ring binders. City may duplicate all documentation
provided under this Agreement for the sole and exclusive use of the City.
Ensure that all necessary Tiburon technical support and management personnel who are
authorized to make decisions on behalf of Tiburon are present at Project Management meetings
or are available to the Tiburon Project Manager as may be necessary in order to successfully complete the BPR Process in the time allocated.
Ensure that all Tiburon staff and subcontractor staff personnel who are assigned to work on the
Project are competent, qualified, available as needed and prepared for performing tasks required
under this Agreement.
C.
d.
e.
f.
City will :
a. Designate one Project Manager who will use hislher best efforts to perform the following
responsibilities:
Maintain Project communications with Tiburon's Project Manager.
With assistance from Tiburon, identify the efforts required of City staff to meet the City's task
requirements and milestones in the Statement of Work and Project Schedule. As City tasks and responsibilities are required and added to the Project Schedule, Tiburon will allow
reasonable timeframes to be assigned to each task or responsibility including allowance for City-requested contingencies.
Assist Tiburon in developing a detailed Project Schedule defining the detailed tasks and a
schedule of Tiburon and City responsibilities. As noted above, the Project Schedule shall
supplement, not conflict with, the terms of this Agreement.
Review the Project Schedule with Tiburon's Project Manager.
Measure and evaluate progress against the Project Schedule.
Monitor the Project and coordinate the City's professional, technical and equipment
resources.
Attend Project Management meetings with Tiburon's Project Manager.
Provide timely responses to issues related to Project progress raised in writing by Tiburon's
Project Manager.
Notify all third-party vendors that Tiburon is the City's selected vendor and request their
assistance and cooperation when Tiburon contacts them.
Assist Tiburon in its efforts to communicate and obtain necessary information from all third-
party vendors and agencies not under the direct control of Tiburon. If, after Tiburon exhausts
efforts to obtain the necessary information, the City is unable to obtain the information either,
the parties will meet to discuss how best to proceed.
b. Ensure that all appropriate City personnel attend and participate in the Project Initiation meeting.
C. Ensure that all necessary City personnel who are authorized to make decisions on behalf of the
City are present at Project Management meetings or are available to the City's Project Manager
as may be necessary in order to successfully complete the BPR Process in the time allocated.
Exhibit B: Page 4 May 5,2004
City of Carlsbad Exhibit B
Public Safety Computer System Amended Statement of Work
Task 2 Business Practice Review (BPR) Kick-off Meeting and BPR Guidelines
Task Description:
Following the Project Initiation meeting, the Tiburon team and City representatives will begin the BPR
Process. Both parties will bring together appropriate team members to effectively participate in this critical
phase of the Project. A two-day kick-off meeting will be held which will include a detailed presentation by
Tiburon of the System to be installed including an Executive Overview of not more than two hours for
command staff personnel. During the kick-off meeting, the parties will discuss the scope of the BPR
Process and develop a mutually agreeable schedule of events, tasks and subtasks that will be required in order to effectively complete the BPR Process.
The BPR Process will include a detailed review of the current workflow processes and existing forms
utilized by the City.
all proposed System modules and applications for the City’s Project team. The demonstrations will
include, but not be limited to, demonstrating all software functions, features, screens, inquiries, reports,
tables, and validation checking and security capabilities. The product demonstrations will include a
detailed, data element level presentation and discussion of all “tailoring” capabilities of the System to be
installed. During this product review, Tiburon will assist the City in the identification and selection of all
tailoring requirements. Due to the complexity and comprehensive nature of the System proposed, Tiburon shall only use competent, qualified personnel in conducting the BPR Process.
Following the workflow review, Tiburon will conduct detailed product presentations of
During the BPR Process, Tiburon will make specific recommendations sufficient to allow the City to redesign their existing forms so they accurately reflect the mandatory requirements of the City and the
requirements of the new system. The primary goal of this exercise is to help the City consolidate existing
forms and streamline operational processes and procedures. During this process, Tiburon will develop a
complete workflow diagram illustrating the workflow of the Department including data collection and output
report generation. Tiburon’s and the City’s Project teams will use this information to conduct a data
element level comparison of the Tiburon system against manual forms in use by the Department to
ensure that all relevant data and information will be captured by the new system and that all data transfer that may be required in the interfaces to external systems will be accurate and complete. Tiburon will
ensure the requirements for this interface are properly documented. Also during this process, any data
elements that are not part of Tiburon’s baseline systems that are required to meet the requirements of
either manual forms or the interface to external systems will be reviewed. If any of these additional fields
are determined to be necessary for the City’s operation, they will be included in the Change List and
Interface Control Document, as applicable.
Using the knowledge gained in this process, Tiburon and the City will work together to identify any Source
Code modifications to the Tiburon’s existing Application Software that may be required prior to installation.
Upon completion of the BPR, Tiburon will prepare Tiburon’s tailored Change List and an updated Interface
Control Document. The Change List and updated Interface Control Document will include all tailoring
changes required by the City and a description of the functional changes (or additions) that will result from
the Source Code modifications (if any) that are required by the City, the operational impact of these
changes (including a recommendation of whether Tiburon agrees with or finds the required changes
potentially problematic and why).
Programming changes will not occur and hardware will not be ordered until the City has approved the
Change List and updated Project Schedule in writing and issued a written notice to proceed.
Standard system tailoring that will be provided at no additional cost to the City includes, but is not limited
to, the renaming of agency-specific data elements and the modification of existing data-entry screens to
reflect these updated field names, as well as defining site-specific parameters that are required for system
generation and configuration. System tailoring does not include Source Code modifications to the base
application software products (CAD and Mobile) or database layouts that result in a required change of
Source Code.
Exhibit B: Page 5 May 5,2004
City of Carlsbad Exhibit B
Public Safety Computer System Amended Statement of Work
Task 3 CAD and Mobile BPR and Workflow Review
Step 7. Existing CAD Demonstration and Workflow Review. The BPR Process will begin with a
demonstration of the current system by City staff and a series of fact-finding interviews to be conducted by
Tiburon to understand current system operations and workflow procedures. Tiburon will also review
current management reports and interfaces to external systems to gain sufficient knowledge to assist the
City with streamlining operations, consolidating and eliminating forms, and determining what desktop
application software needs to be installed on the Mobile units. In the event any software is required in
order to fully utilize the capabilities of the System installed as demonstrated in the detailed product
demonstrations, and that software has not been included in Exhibit B (Pricing), Tiburon shall provide that
software at no additional cost to the City. In addition, Tiburon will make any new recommendations
necessary to adequately prepare the City for implementation of the new System.
Step 2. CAD and Mobile Product Demonstrations. Upon completion of Step 1, Tiburon will begin
detailed product demonstrations to allow the City’s Project team to fully understand the capabilities of the
CAD and Mobile system to be installed. Through these product demonstrations, and by using Tiburon’s
baseline CAD and Mobile documentation as reference, detailed BPR meetings will be held for each
subsystem to be installed to identify all requirements for tailoring and implementation. The intent is to
eliminate or minimize any customization required. These review meetings will be supplemented with
additional reviews where recommended by Tiburon or required by the City to define all required internal
and external system interfaces (see Step 3 below). Tiburon will work with the City’s Project team to identify
and document all tailoring and customization requirements for each component of Tiburon’s CAD and
Mobile Application Software to be installed. This information will be detailed in a Change List to be
prepared by Tiburon and submitted to the City for review and comment. If the City determines during the
BPR process that the Tiburon Mobile Mapping system will not meet City needs, then Tiburon shall work
with the City (at no additional cost) to assist in the evaluation and selection of an alternate mobile mapping
solution.
Step 3. Interfaces. During this step, Tiburon will work with the City’s Project team to identify and
document all functional requirements for each interface listed in the Interface Control Document. The
functional description for each interface will include: (1) a full and detailed description of the functionality
provided by that interface; (2) copies of all screens associated with that interface highlighting the data
elements impacted by the interface; and (3) a detailed explanation of the data flow/data exchange/data
integration characteristics of each interface to the data element level. The functional description will be
complete and detailed sufficiently so that the City‘s Project team members can easily understand all
capabilities and functions of the interface to be installed.
Responsibilities include, but are not limited to:
Tiburon will:
a. Schedule and attend on-site meetings at City facilities for a period of time sufficient to successfully
complete these tasks associated with the BPR Process.
b. Conduct detailed product demonstrations using Tiburon-provided equipment as required by the
City to aid in the BPR Process.
C. Conduct a detailed review of the current workflow processes and existing forms utilized by the City
in order to determine what forms can be modified andlor eliminated by implementation of the new
System.
d. Review with the City, as applicable, the Geographic File Construction Document and the detailed
set of geographic file descriptions as necessary for the City to begin preparing its files for loading
onto the CAD and mapping databases.
Exhibit B: Page 6 May 5,2004
City of Carlsbad Exhibit B
Public Safety Computer System Amended Statement of Work
e.
f.
g.
h.
i.
j.
k.
1.
m.
City will:
a.
b.
C.
d.
e.
f.
9.
Review the 91 1 Mapping Maverick system to confirm its operation as defined in the proposal
response and supplementary documents, and then document its specific operation in conjunction
with the CAD system.
Identify all interfaces to be implemented according to the Interface Control Document, addressing
all interface specifications and issues to be addressed and documented, including any applicable
information to be added to the BPR Document.
Document all additional software, hardware, or software customizations requested by the City
during the BPR Process.
Provide the City with new or updated prices for custom or modified software and systems as
identified within this task.
Provide the City with any applicable price decreases as a result of the removal of any items such
as System components, interfaces, subsystems or custom modifications as identified within this
task.
Work directly with all non-Tiburon system vendors and agencies as necessary in order to secure
detailed specifications and definitions for all interfaces.
Work with the City to develop a draft test plan.
Ensure that Tiburon personnel who are authorized to negotiate on behalf of Tiburon are present or
available to the Tiburon Project Manager in order to provide pricing of any desired modifications or
enhancements identified during the BPR Process.
Prepare and submit draft Change List and submit to the City for review and comment.
Provide, upon request, currently existing information, data, records, and documents and make the design decisions reasonably required to document changes necessary for the Tiburon systems.
Assist Tiburon in securing detailed specifications and definitions for all interfaces to non-Tiburon
systems. If, after Tiburon exhausts efforts to obtain the necessary information, the City is unable
to obtain the information either, the parties will meet to discuss how best to proceed.
Ensure that City personnel who are authorized to make system design and operational decisions
are present and participating in scheduled BPR meetings or are available to the City's Project
Manager as may be necessary.
Review the Baseline Documentation, Interface Control Document, and the Change List
Documents submitted by Tiburon.
Work with Tiburon to develop a draft test plan for the System to be installed.
Review the prices for custom or modified software and system changes as provided by Tiburon,
and identify which items are to be included in the final Change List.
Review the proposed CAD and Mobile hardware configuration and discuss possible adjustments
and/or upgrades to that equipment
Exhibit 6: Page 7 May 5,2004
Citv of Carlsbad Exhibit B
Public Safety Computer System Amended Statement of Work
h. Provide access to City vehicles to support the review of the installation requirements for mobile
equipment.
Task 4 Develop CAD and Mobile Project Schedule
Task Description:
The objective of this task is to update the CAD and Mobile Project Schedule based upon the requirements
identified during the BPR meetings, identifying the associated Project objectives, plans, schedules, approvals, priorities and interdependencies among tasks.
Responsibilities include but are not limited to:
Tiburon will:
a. Review with City personnel the identified implementation tasks, priorities, interdependencies and
other requirements as determined as part of the BPR Process to date as needed to establish the
CAD and Mobile Project Schedule.
b. Prepare the CAD and Mobile Project Schedule and deliver it to the City’s Project Manager.
C. Review the CAD and Mobile Project Schedule with City personnel and make changes and/or
corrections that are required by the City.
City will:
a. Analyze, with Tiburon Project personnel, System and Project requirements and make such
implementation decisions as may be reasonably required to update the CAD and Mobile Project
Schedule.
b. Review the updated CAD and Mobile Project Schedule as submitted by Tiburon.
Task 5 Prepare, Submit, and Finalize Change Lisi
Task Description:
The objective of this task is to finalize all data and materials collected during Task 1-4 and edit and submit
the Change List to the City.
Tiburon will:
a. Consolidate all data gathered from Task 1-4.
b. Attend on-site meetings at City facilities as required by the City to facilitate completion of the BPR
Process.
C. Conduct a detailed review with the City of the hardware configuration and update the configuration
as suggested by either party and agreed to by the City. Provide price quotes, if applicable, for
configuration modifications approved by the City.
Exhibit B: Page 8 May 5,2004
City of Carlsbad Exhibit B
Public Safety Computer System Amended Statement of Work
d. Prepare the draft Change List Documents which will contain a detailed description, with
appropriate screen shots, flow charts and any other information required to document the tailoring or customization that is proposed, and submit them to the City for review and comment.
e.
f.
Edit the Change List Documents as required by the City.
Submit the final Change List documents including all applicable cost quotes and other material as
may be deemed necessary by the City to successfully complete this task.
9. Submit Change Order, if required, for any City-approved configuration changes and source code
modifications.
h. Successfully complete all requirements of Tasks 1 - 5 and obtain written authorization to proceed
from the City prior to the ordering of any hardware or software components.
City will:
a. Meet with Tiburon as needed in order to help facilitate the consolidation of all information
necessary for Tiburon to complete the BPR Process.
b. Review documents submitted by Tiburon and respond with comments and suggestions within
thirty (30) business days.
Schedule a meeting with the appropriate City personnel to review and discuss the updated
Interface Control Document, Change List, price quotes (if any) for updated hardware configuration
and source code modifications (if any) and any other relevant material submitted by Tiburon as
components of the BPR. Determine go-no-go decision and either issue a letter of termination in
accordance with the terms of the Agreement or written authorization to proceed with the next task
in the project.
C.
END OF BUSINESS PROCESS REVIEW; BEGIN IMPLEMENTATION
Task 6 CAD Equipment On-site Installation
Task Description:
All City hardware components will be delivered to the City facilities. Any additional hardware and software
components required for customization and testing will be procured and delivered at this time. The
hardware, system software, primary database software, file structure and Mapping Software will be
installed and communications equipment and cabling installed and attached, and the equipment operation
verified.
Responsibilities include, but are not limited to:
Tiburon will:
a. Install the hardware and system software, primary database software, file structure and
peripheral equipment at the City facility.
b. With written authorization from the City, procure and install any additional equipment needed for
upcoming CAD/mobile related tasks.
C. Install and test, with the City's assistance, a Communications Center LAN connected to the Police Department's City-wide network. Equipment will include the following workstation and network
hardware and software components:
Exhibit B: Page 9 May 5,2004
City of Carlsbad Exhibit B
Public Safety Computer System Amended Statement of Work
computer server equipment and associated equipment racks
network hubs and switches in the Communication Center
cables between hubs and workstations in the Communication Center
PC equipment in the Communication Center for desktop mounting
printer equipment in the Communication Center
d. Install and configure the CAD Workstation software on all CAD workstations.
e. Develop and test a software image on CD to be used for ease of installation of the CAD software on future CAD workstations.
f. Develop the test image at City facilities and train the City’s Project Manager on how to duplicate
this process for future requirements.
g. Provide the City with a complete inventory list of all equipment as installed. The inventory list will
include manufacturer name, model, serial number(s) and a detailed list of all components therein.
The inventory list will be provided in both hard copy and electronic format (MS Word or Excel).
City will:
a. Work with Tiburon to schedule equipment installation to have the least impact on existing
operations.
b. Assist Tiburon in the development and testing of a software image to be used for ease of
installation of the CAD software on future communications center workstations.
Task 7 CAD System Tailoring and Customization
Task Description:
Tiburon will tailor and customize all CAD software, based upon the Change List as approved by the City per Task 5. This task also includes the development and installation of the message switch software, not
including remote interfaces.
Responsibilities include, but are not limited to:
Tiburon will:
a. Tailor, customize and unit test (standalone test) Tiburon Application Software with the
requirements of this Agreement.
b. Install and configure the message switch software on the CAD server to support communication
between local workstations.
C. Provide the City with “As Built” Documentation of the custom software changes which have been
installed and unit tested according to the CAD Project Schedule.
City will:
a. Be available to address and answer questions that arise during the tailoring and customization of the system.
Exhibit B: Page 10 May 5,2004
City of Carlsbad Exhibit B
Public Safety Computer System Amended Statement of Work
b. Respond to these requests in a timely manner to avoid impacting the overall Project Schedule.
C. Use their best efforts to review the list of tailored and customized software and provide Tiburon
with a list of known exceptions at that time or other issues that need to be completed or corrected
prior to task completion.
Task 8 Geographic File Conversion and Loading
Task Description:
Tiburon will configure the Geographic Conversion Tool (GCT) workstation for the purpose of converting
the City’s existing ESRl data from Arclnfo data format to be used by all applicable Tiburon systems
identified in this Agreement. Tiburon will perform all tasks necessary to perform the conversion and
ensure the conversion performed by Tiburon results in a complete and accurate geofile that works
properly with the System installed under this Agreement. In the event Tiburon or the City determines the
conversion performed by Tiburon to be inadequate for the System and a new geofile build becomes
necessary, the cost for this effort will be the responsibility of Tiburon. Following the successful installation
of the geofile and user training on this subsystem, the City will be responsible for on-going conversions
using this same product and process.
Responsibilities include, but are not limited to:
Tiburon will:
a.
b.
C.
d.
e.
f.
9.
h.
i.
j.
k.
Obtain from the City a standard Arclnfo shape file representing the geographic areas to be
supported by the System.
Obtain from the City all polygon layers required for the creation of the applicable reporting
districts. One layer (1) will be provided for Police.
Generate the GCT server system and load the Arclnfo file onto the format used to load the CAD
database.
Provide the City with information regarding the types of data errors that will be identified during the
GCT operations that require correction in the City-provided database.
Provide the City with Tiburon Geofile Construction documentation to use in determining minimum
and optional data requirements including the use of target address, street name alias, and
commonplace name data.
Convert the Arclnfo data as provided by the City to populate the required CAD files.
Load the Arclnfo data as provided by the City to populate the mapping databases.
Provide the City with listings of any geographic file data errors or warnings produced by the GCT
processes to be used for correction of City-provided information.
Load a baseline Arclnfo geographic file on the GCT system and perform the conversion of this
information to allow the load of the appropriate databases necessary for CAD and mapping
operations.
Provide the CAD software necessary for the City to enter and maintain the associated reporting
area and response zone files as CAD databases.
Provide training on the GCT program and the mapping import process to support ongoing City file
Exhibit B: Page 11 May 5,2004
City of Carlsbad Exhibit B
Public Safety Computer System Amended Statement of Work
loading operations.
Perform all tasks necessary to ensure the System installed works according to the terms of this
Agreement with the geofile as installed.
I.
City will:
a.
b.
C.
d.
e.
f.
9.
h.
i.
j.
Provide a geographic file coordinator to act as the point of contact regarding geographic data,
conversion and loading issues.
Provide a geographic database as a standard Arclnfo shape file, in a format readable by ESRl's Mapobjects tools, for import into the GCT system either via network connection, by compatible
tape or CD-ROM media.
Provide this geographic database with all required Tiburon Geographic File (TGF) fields present
as separate data elements, except those fields that are to be created by the GCT from polygon
information. All fields must be present in a single shape file; files are not to be "joined" or "linked"
to obtain this information.
Review the Tiburon-provided definition of many types of geographic file data errors that may result
in exceptions as part of the GCT process.
Review the Tiburon-provided rules necessary for the successful entry and conversion of
commonplace data from Arclnfo point files.
Review the Tiburon-provided definition of the format to be used to create street name alias and
target address records as Arclnfo "dbP' records or the equivalent.
Provide all applicable Arclnfo polygon and point files required to define the complete CAD and
mapping databases.
Provide all Arclnfo and associated systems, software licenses, workstation equipment and user
training necessary for the entry and maintenance of the City's base geographic information.
Take responsibility for ongoing file correction and maintenance of the City's Arc Info GIS system.
Provide support for ongoing file conversion and reload on a scheduled basis.
Task 9 Message Switch Interfaces (SUNKLETS)
Task Description:
Under this task, the Tiburon Message Switch and all applicable external local and remote interfaces will be
installed, and all related functions tested and demonstrated to the City.
Responsibilities include, but are not limited to:
Tiburon will:
a. Design, develop, install and test all software required to support the interface to CLETS via the
SUN message switch, in accordance with the terms of this Agreement.
Install the City-provided Reflections 3270 emulation software on CAD workstations and verify that
it performs in accordance with the terms of this Agreement.
b.
Exhibit B: Page 12 May 5,2004
City of Carlsbad Exhibit 6
Public Safety Computer System Amended Statement of Work
C.
d.
e.
f.
9.
h.
Develop the following set of CLETSINCIC reformatted message transactions on CAD
workstations using the CAD message reformatter:
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Article Inquiry
Boat Inquiry
Gun Inquiry
Driver’s License Inquiry
Vehicle Registration Inquiry
Missing Person Inquiry (CLETS, NClC and SUN)
Wanted Person Inquiry
Criminal History (State) Inquiry
Out-of-state Driver’s License Inquiry
Out-of-state Vehicle Registration Inquiry
Unidentified Person Inquiry
Security Inquiry
Stolen (stored) Vehicle - Inquiry
Stolen (stored) Vehicle - Entry
Develop and install up to forty (40) additional CLETS transactions as defined by the City.
Development will not begin until the City issues an order to proceed. If the City chooses to use
the forms provided by San Joaquin or another Tiburon client, Tiburon will facilitate the City’s
discussions with the other client and shall provide assistance to the City when loading the forms
on the system.
Modify the CLETS interface system to support any custom software functionality required by this
Agreement.
Provide training in the operation and use of the Tiburon message reformatter program. If City has
elected to utilize forms from another Tiburon client, then this will include training on how to modify
and update those forms.
Demonstrate all functions, functionality and compliance with the performance requirements listed
in Exhibit E for the interface to SUNICLETSINCICINLETS.
Work with all necessary 3rd party vendors and agencies as necessary to fulfill Tiburon’s
obligations under this Agreement.
City will:
a. Provide, on request, currently existing information, record layouts and documents necessary to
establish interfaces with all local and remote systems and facilities.
b. Provide the Reflections 3270 emulation software to support ARJIS-NET access from CAD
workstations via the City network, as well as assistance to Tiburon during the configuration and
testing of this software.
Assume responsibility for any modifications or additions to any existing or non-Tiburon supplied
systems required to enable them to support the interfaces, as defined in this Agreement.
Provide and install all modems, DSUICSUs, routers, hubs, communications lines, PC and related
equipment not provided by Tiburon as required by this Agreement.
C.
d.
e. Provide City staff to be trained on the use of Tiburon’s Reformatter tool.
f. Notify all third-party vendors that Tiburon is the City’s selected vendor and request their
Exhibit B: Page 13 May 5,2004
City of Carlsbad Exhibit B
Public Safety Computer System Amended Statement of Work
assistance and cooperation when Tiburon contacts them.
Assist Tiburon when required in obtaining information from the County, 3rd party vendors and
agencies where Tiburon’s repeated efforts have been unsuccessful in obtaining the requested
information. If, after Tiburon exhausts efforts to obtain the necessary information, the City is
unable to obtain the information either, the parties will meet to discuss how best to proceed.
9.
h. Use their best efforts to ensure that the necessary City technical support is made available for
testing of the interfaces.
Task 70 Mobile Data Computer Pilot Install and Interfaces
Task Description:
The city has purchased an interface to the MDC wireless CDMNGPRS network and has an option to
purchase an interface to the MDC wireless Motorola RNC network. During this task, Tiburon will install
the purchased wireless interfaces. Mobile wireless modems and MDC computer equipment will be
installed in 5 police vehicles and then be used in a test environment. Tiburon will load the MDS software
and will test and demonstrate the operation of the pilot set of equipment in the mobile environment,
demonstrating mobile CAD dispatch messages, status changes, inquiries to local CAD files and the
display of the associated response messages.
Note: At the same time as the wireless interface to the MDC computers is installed in the set of pilot units
for use by CAD, Tiburon may, at Tiburon’s option, begin the installation of equipment necessary for the
AVL equipment in the five (5) pilot vehicles, in preparation for later tasks in the Project.
Responsibilities include, but are not limited to:
Tiburon will:
a.
b.
C.
d.
e.
f.
9.
Develop and test a software image to be used for ease of installation of the mobile software on the
five (5) mobile units in the pilot vehicles.
Develop the test image on CD at City facilities and train the City’s Project Manager on how to
duplicate this process for future requirements.
Install the CAD interface software to communicate with the network of mobile computers in the
wireless environment.
If Padcom is purchased as an option, install and configure Padcom to provide encryption, static IP
addressing and routing, and seamless roaming between multiple wireless carriers. This includes
installation of the Padcom server, installation and configuration of Padcom software both on the server
and on the 5 mobile clients and training of city personnel on the installation, configuration and
maintenance of the Padcom system.
Tailor and customize the Tiburon MDS software according to the requirements of this Agreement.
Install mobile computers, modems and Tiburon MDS software in five (5) pilot vehicles.
Demonstrate the pilot set of mobile units receiving dispatch messages, entering status changes,
displaying data from CAD data files, and inquiries into remote databases. This demonstration shall
also include testing against performance requirements identified in this Agreement. Tiburon shall
correct any failure or deficiency prior to completion of this task and initiation of any new task.
Exhibit B: Page 14 May 5,2004
City of Carlsbad
Public Safetv Comwter Svstem
Exhibit B
Amended Statement of Work
h. Following successful pilot testing of this network, Tiburon will update the software image CD (if
necessary) based on the results of the pilot test.
City will:
a. Assist Tiburon in the development and testing of a software image CD to be used for ease of installation of the mobile software on the five (5) mobile units in the pilot vehicles.
b. Provide Tiburon with five (5) pilot vehicles to allow the installation and testing of mobile computers.
c. Provide the City staff necessary to test the pilot mobile configuration with CAD.
d. Following successful pilot testing, provide the remaining City vehicles to allow for installation of the
remaining mobile equipment.
Task 11 Maverick 9-1-1 Mobile Mapping Installation and Configuration
Task Description:
Following the successful loading and operation of the pilot set of MDC equipment, the Maverick 9-1-1
Mobile Mapping software will be installed on the five (5) pilot mobile workstations.
Responsibilities include, but are not limited to:
Tiburon will:
a. Install the Maverick 9-1-1 Mobile Mapping software in the five (5) pilot mobile vehicles installed as
part of Task 10.
b. Tailor and customize the Maverick 9-1 -1 Mobile Mapping software according to the requirements
of this Agreement.
C. Install and configure the Maverick 9-1-1 Mobile Mapping interface to the Tiburon MDS software within the mobile workstations.
d. Test by successfully demonstrating the Maverick 9-1-1 Mobile Mapping software in each vehicle
with the interface to CAD, supporting all capabilities required by this Agreement.
e.
City will:
Test by successfully demonstrating the upload feature of an updated map on all mobile units.
a. Provide access to the five (5) pilot vehicles that were used in previous tasks for the purpose of
mobile equipment and software installation and testing.
b. Review the test of the Maverick 9-1-1 Mobile Mapping software operating in these test vehicles.
C. Review the software functionality as demonstrated, providing Tiburon a written description of any
problems or variances that must be corrected prior to initiation of the CADlMobile preliminary test.
Exhibit B: Page 15 May 5,2004
City of Carlsbad Exhibit B
Public Safety Computer System Amended Statement of Work
Task 12 A VL System Pilot Installation and Configuration
Task Description:
Following the successful loading and testing of the MDS and Maverick 9-1-1 Mobile Mapping software in
the pilot set of MDC equipment, the AVL software will be installed, configured and tested on the pilot set of
five (5) vehicles.
Responsibilities include, but are not limited to:
Tiburon will:
a.
b.
C.
d.
e.
f.
9.
The mobile AVL receivers will be provided and installed either by Tiburon (Trimble GPS
Receivers) or by the city (GPS functionality included as part of the CDMNGPRS hardware). If the mobile AVL receivers are provided by Tiburon, Tiburon will install them in the pilot set of five (5)
test vehicles installed as part of Task 10, if not completed as part of previous mobile equipment
installation tasks. If the mobile AVL receivers are provided by the city, Tiburon will work with the
city to test the GPS functionality of the CDMNGPRS hardware in order to assure that it will work
properly in the mobile environment. The city may elect to test both the Trimble and the
CDMNGPRS functionality during this pilot test.
Install the AVL server and applicable AVL software.
Install and test the interface between the CAD server and the AVL server.
Begin the system tailoring and customization of CAD to support AVL operations according to the requirements of this Agreement.
Test by successfully demonstrating the ability to use AVL capabilities to update unit locations on
the 91 1 Mapping Maverick display.
Test by successfully demonstrating the use of AVL features to identify the primary mobile unit
location in the Maverick 9-1 -1 Mobile Mapping environment.
Test by successfully demonstrating all remaining features and functions of the AVL system.
City will:
a. Provide access to the five (5) pilot vehicles that were used in previous tasks for the purpose of
mobile equipment and software installation and testing.
b. Review the test of the Maverick 9-1-1 Mobile Mapping software operating in these test vehicles.
C. Review the software functionality as demonstrated, providing Tiburon a written description of any
problems or variances that must be corrected prior to initiation of the preliminary test of
CAD/Mobile.
Task 13 97 7 Mapping Installation and Configuration
Task Description:
Following the successful loading of the City’s Arclnfo GIS data and map into the mapping environment
and the loading of test files that are applicable to this task, the 91 1 Mapping Maverick software will be
installed at all CAD workstations. This task will provide the initial implementation of the mapping
capability, supporting, at a minimum, the ability to display new incidents on the map, to assign units to the
Exhibit B: Page 16 May 5,2004
City of Carlsbad Exhibit B
Public Safety Computer System Amended Statement of Work
incidents,
CAD and testing of
project to
, to display unit status by color, and to support map navigation tools (pan, zoom, etc.). Ongoing
map interface development will take place after this task but completed prior to the preliminary CAD. Payment for this task shall not occur until Tiburon certifies the mapping component of this
be complete and ready for preliminary testing as a component of CAD.
Responsibilities include, but are not limited to:
Tiburon will:
a. Load the City’s Arclnfo GIS data and map into the mapping environment.
b. Assume all responsibility for the successful conversion and operation of GIS data as defined by
the terms of this Agreement.
C. Install and test the 91 1 Mapping Maverick software in each CAD workstation provided by Tiburon.
d. Install and configure the Mapping and AVL server connected to the Communication Center
network.
e. Install the CAD workstation and server software necessary for map command transfer.
f. Test by successfully demonstrating Maverick mapping functional and performance requirements
as defined in this Agreement on all workstations in the Communications Center.
Test by successfully demonstrating CAD interface to Maverick supporting all functional and
performance requirements as defined in this Agreement. 9-
City will:
a. Test the operation of Maverick and CAD features according to the requirements of this
Agreement.
Task 74 CAD System Interfaces (€917, Paging, PTT)
Task Description:
All remaining local and remote interfaces as required by this Agreement will be developed, installed and
tested.
Responsibilities include, but are not limited to:
Tiburon will:
a. Design, develop, transfer, install, tailor and test all software required for the following interfaces
resulting in their operating in accordance with the terms of this Agreement:
E-91 1 interface
Alphanumeric Paging System
b. Provide and install any server or other required equipment that has not been installed as part of a
previous task.
C. Connect the server equipment to City-provided telephone jacks to allow telephone dialing of the
commercial paging service.
Exhibit 8: Page 17 May 5,2004
Exhibit B
Amended Statement of Work City of Carlsbad
Public Safety Computer System
d. Test all equipment installed and certify correct operation as required by the terms of this
Agreement.
City will:
a. Using its best efforts, provide, on request, currently existing information, record layouts and
documents necessary to establish interfaces with all local and remote systems and facilities.
b. Notify all third-party vendors that Tiburon is the City’s selected vendor and request their
assistance and cooperation when Tiburon contacts them.
Assist Tiburon when required in obtaining information from the County, 3d party vendors and
agencies where Tiburon’s repeated efforts have been unsuccessful in obtaining the requested
information. If, after Tiburon exhausts efforts to obtain the necessary information, the City is
unable to obtain the information either, the parties will meet to discuss how best to proceed.
C.
d.
interfaces installed.
Provide City staff resources as reasonably required by Tiburon to assist in the testing of the
Task 15 CAD General File Building
Task Description:
Tiburon will build a set of tesfftraining files for CAD. Tiburon will then train City staff in the entry of agency-
specific information, such as code tables, unit identification, reporting area definition, and unit
recommendation criteria. Tiburon shall include sufficient time in the Project Schedule to allow for the
building of all necessary CAD-related tables and files which completion is required prior to the initiation of
the CAD/Mobile preliminary test period.
Responsibilities include, but are not limited to:
Tiburon will:
a. Define all production data files and enter test data sufficient to confirm the operation of CAD
systems using the data.
Review and update data forms to be completed by the City which are needed to support Tiburon’s
data entry efforts.
b.
C. Provide standard training sessions for City personnel on the entry of agency-specific data in
accordance with the Training Plan.
d. Provide and operate the computer programs necessary to accept all required geographic input
data.
e. Be available to support any questions raised by the City as City staff enters this information.
City will:
a. Develop and enter all agency-specific input data that is to be entered manually, which includes,
but is not limited to the following. Only those files applicable to the systems delivered are to be
loaded.
1 Agencies- J
Exhibit 8: Page 18 May 5,2004
City of Carlsbad Exhibit B
Public Safety Computer System Amended Statement of Work
Alias Street Names
Call Types
Common Place Information *
Command Names
Dispatch Groups
Dispositions
Districts
Field Names
Operators
Priorities
Resources
Responses
Rosters
Rotations
Series (case and call numbers)
Services
Streets (maintenance only; typically GIS
converted data)
System Codes
Terminals
Unit Definitions
Authorization Codes
Authorization Groups
Operator Authorizations
Table Sizes
* These files are entered as part of the geographic file build process.
b. Complete the forms provided by Tiburon for any data to be entered by Tiburon.
c. Except for data conversion provided under this Agreement or as otherwise defined for the geographic
file load, assume responsibility for data file entry.
d. Be responsible for the accuracy of the data provided by the City.
Task 76 Net Clock Time Synchronization Equipment lnstalla tion
Task Description:
Install and test the NetClock time synchronization system, which will provide time synchronization data via
satellite to the CAD server, plus other City-provided systems as defined in the Interface Control
Document. NetClock synchronization with the Voiceprint system, the Vesta 91 1 system and associated
equipment synchronization to the NetClock will be demonstrated and tested as part of this Task . City will
connect devices to the NetClock that are not identified as a responsibility of Tiburon in this Agreement.
Responsibilities include, but are not limited to:
Tiburon will:
a. Provide and install a Spectracom Command Center NetClock time data receiver in the
Communications Center equipment room in a Tiburon-provided equipment rack.
Install a remote time display in the Communications Center. b.
Exhibit B: Page 19 May 5,2004
City of Carlsbad Exhibit B
Public Safety Computer System Amended Statement of Work
C. Install a roof-mounted equipment antenna.
d. Interconnect the data outputs from the NetClock equipment to the CAD server and to City-
provided systems as defined in the Interface Control Document.
e. Work directly with all necessary third-party vendors as required in order to successfully complete
installation of the NetClock device and the connection/interfaces of that device to the other devices in the City’s Communications Center as defined in the Interface Control Document. If,
after Tiburon exhausts efforts to obtain the necessary information, the City is unable to obtain the
information either, the parties will meet to discuss how best to proceed.
f. Be responsible for any additional software or customizations to Tiburon-provided systems as
required to ensure all equipment properly accepts standard NetClock time synchronization data.
9- Test and demonstrate each device to confirm internal clock synchronization from the NetClock
time.
City will:
a. Provide a site adequate for the installation and use of all equipment to be installed.
b. Review any plans and related documentation provided by Tiburon or its subcontractor prior to
installation.
C. Work with Tiburon to schedule equipment installation to have the least impact on existing
operations.
Task 17 CAD Ancillary System Installation
Task Description:
After CAD has been successfully installed and is being prepared for the functional test phase, all
remaining ancillary systems will be installed. Depending upon the final CAD Project Schedule, one or
more of these systems may be installed at an earlier date if authorized by the City. These systems
include:
CARS - CAD Activity Reporting System Data Warehouse
Strategic Incident Protocol (SIP)
Responsibilities include, but are not limited to:
Tiburon will:
a. Provide the software and services to install Tiburon and third-party licensed software.
b. Install the applicable relational database software on the Tiburon-provided server equipment.
C. Configure the systems as applicable, according to the requirements of this Agreement.
d. Interface to the System network, according to the network configuration.
e. Provide a test SIP protocol script for the purposes of subsystem testing only, to be removed prior
to the entry of the City-defined protocol scripts.
f. Provide all base CARS Data Warehouse reports as deemed necessary by the City in order to fully
Exhibit B: Page 20 May 5,2004
City of Carlsbad
Public Safety Comwter Svstem
Exhibit B
Amended Statement of Work
test the functionality and output of the CARS Data Warehouse capability. Tiburon will also provide
up to two days of on-site assistance to develop additional reports at no additional cost to the City.
9. Test the operation of data transfer functions.
h. Test the operation of the ancillary systems.
I. Ensure all testing is complete and the CARS Data Warehouse application software operates
correctly.
City will:
a. Be responsible for the definition, entry, accuracy and legal responsibilities associated with the SIP
protocol scripts.
b. With the assistance of Tiburon, be responsible for the definition and entry of City-required CARS
Data Warehouse reports.
C. Work with Tiburon to test and verify the operation of the applicable systems within this task.
Task 18 Final CA D, A VL, Mobile Equipment Installation
Task Description:
All remaining computer, workstation, communications equipment and related components will be installed.
Responsibilities include, but are not limited to:
Tiburon will:
a. Provide the City with a list of all remaining equipment and third-party software to be delivered and
installed.
b. Provide, deliver and install all remaining equipment to be supplied by Tiburon as required by this
Agreement.
C. Install any remaining network, cabling and associated equipment for which Tiburon is responsible.
d. Complete the installation of the mobile and workstation equipment as necessary for CAD MDS
operations for all mobile units.
e. Install CAD workstations software on any remaining licensed workstations.
f. Provide the City with a complete inventory list of all equipment as installed. The inventory list will
include manufacturer’s name, model, serial number(s) and a detailed list of all components. The
inventory list will be provided in both hard copy and electronic format (Microsoft Word or Excel).
Task 19 CAD, MDS, Maverick 9-1-1 Mobile Mapping and AVL Functional Testing
Task Description:
Following stand-alone testing of each individual system component, Tiburon will demonstrate the
applicable functions and features for all components of the CAD system, including interfaces, fixed and
Exhibit B: Page 21 May 5,2004
City of Carlsbad Exhibit B
Public Safety Computer System Amended Statement of Work
mobile mapping, and the mobile MDS. The "As Built" Documentation will serve as the guidelines for these
demonstrations. With Tiburon's support, City staff will perform functional testing of the individual
components of all systems and subsystems in accordance with the Acceptance Test Plan. The City may
perform any other tests that may be deemed necessary to clearly and conclusively demonstrate that the
System and each of the Major Subsystems and their related components and interfaces meet all of the
requirements of the Agreement. The City reserves the right to require all geofile work, table building, and
data entry tasks to be completed prior to the initiation of any Functional Testing.
Responsibilities include, but are not limited to:
Tiburon will:
a. Utilize the final, updated version of the "As Built" Documentation for purposes of functional testing.
b. Certify in writing that all applicable software and systems, including all related programming
tailoring, customization, and Documentation updates, are completed and ready for functional testing.
C. Demonstrate the tailored and customized functions of the installed systems using the "As Built"
Documentation as a test guideline.
d. Review any discrepancies in functionality identified by the City.
e. Correct errors identified by the City and provide for re-testing.
f. Software and documentation will be modified by Tiburon prior to beginning the training program
for CAD as needed to correct any discrepancies as identified by the City.
9- Provide on-site support as required by the City during the functional test period.
City will:
a. Generate test data files needed for functional testing.
b. Use its best efforts to verify each function identified in the "As Built" Documentation as to its
operation as documented.
C. Use its best efforts to document each discrepancy between system functionality and the
requirements of this Agreement.
d. Work with Tiburon to identify the type of correction needed to ensure that each system conforms
to the requirements of this Agreement.
Task 20 CAD, MDS, Maverick 9-1-1 Mobile Mapping and AVL System Integration Testing
Task Description:
Following functional testing of each individual system component, Tiburon will demonstrate all internal and
external interfaces to ensure that the combined systems operate together as required by this Agreement.
With assistance from Tiburon, City staff will conduct the integration testing of CAD, MDS, Maverick 9-1-1 Mobile Mapping, and AVL.
Responsibilities include, but are not limited to:
Tiburon will:
Exhibit 6: Page 22 May 5,2004
City of Carlsbad Exhibit B
Public Safety Computer System Amended Statement of Work
a. Certify in writing that all software and interfaces for CAD, MDS, Maverick 9-1 -1 Mobile Mapping,
and AVL, including all programming, tailoring, customization, and Documentation updates, are
completed and ready for integration testing.
b. Demonstrate all inter-system communications between installed Tiburon systems and between
Tiburon and non-Tiburon systems, according to the "As Built" Documentation.
C. Demonstrate CAD and MDS operations.
d. Assist the City in testing each interface.
e. Review and repair any discrepancies, deficiencies or problems that are identified by the City as
part of this task.
f. Provide software or documentation modifications as needed to correct the discrepancies.
g. Provide on-site support as required during this test period.
h. Provide the City with a summary of the interfaces installed.
I. Provide the City with written certification that all interfaces and CAD, MDS, Maverick 9-1-1 Mobile
Mapping, AVL installations are complete, have been fully tested by Tiburon and comply with all
requirements of this Agreement.
City shall:
a. Conduct test procedures and use their best efforts to verify all inter-system communications
between installed Tiburon systems and between Tiburon and non-Tiburon systems to ensure
conformance with the terms of this Agreement.
b. Document each discrepancy found between system functionality and the "As Built"
Documentation.
C. Work with Tiburon to identify the type of correction needed to ensure that each system conforms
to the requirements of this Agreement.
Task 21 CAD User Documentation and Training
Task Description:
This task shall not begin until Tiburon has delivered to the City corrected, updated "As Built"
documentation which reflects all tailoring and customization performed by Tiburon in previous tasks.
A user-training program (the Training Plan) will be developed exclusively for the City by Tiburon and
submitted to the City for review and approval. Once approved by the City, the training will be scheduled
and conducted to thoroughly train City personnel on the use of the CAD system and City technical
personnel on the operation and support of the installed CAD system. A set of user and technical
documents will be provided for all installed systems.
With written approval from the City, certain training classes listed within this section may take place prior
to the general training task or in conjunction with the installation and integration of specific subsystems
(e.g., geographic systems, mobile computing systems, reporting systems).
Responsibilities include but are not limited to:
Exhibit B: Page 23 May 5,2004
City of Carlsbad Exhibit B
Public Safety Computer System Amended Statement of Work
Tiburon will:
a.
b.
C.
d.
e.
f.
Provide only their best-qualified trainers or approved subcontractors for training classes
purchased under this Agreement.
Provide on-site CAD training for City operational and technical personnel and other City staff
members for all Tiburon licensed software and 3‘(1 party software purchased under this Agreement
and on a mutually agreed to schedule. Training will be provided on all standard City shifts, not to
exceed eight training hours per 24-hour period per Tiburon instructor.
Provide one (1) complete set of printed training materials, including lesson plans for the courses
in the form of reproducible black and white masters and electronic documents in Microsoft Word
2000 or higher format, based upon Tiburon’s documentation standard at the time of delivery.
Provide one (1) complete set of technical and user manuals for all Tiburon systems and 3‘ party
software installed in the form of reproducible black and white masters and electronic documents
in Microsoft Word 2000 or higher format, based upon Tiburon’s documentation standard at the
time of delivery.
Provide a training test to confirm understanding of the materials presented. The training courses
expected to be included this test are CAD call takeddispatcher training. If the City determines any
training session has not been effective, and Tiburon cannot demonstrate that the ineffectiveness as due to factors within the City’s sole control, Tiburon will provide additional training at no cost to
the City, not to exceed a total of 100% of the training time budgeted per class type. Tiburon is not
liable for the actions of the users while using the System. The City remains responsible for the actions of its users in the use of the System. The City will not use the test results as the exclusive
reason to declare any training has not been effective.
The number and duration of training classes are to be provided in three phases as follows:
0
0
Phase 1 - post-installation training prior to initial cutover
Phase 2 - refresher training, approximately three (3) months following Final System
Acceptance. (This is optional training that the City may or may not elect to acquire). Payment
for optional training will be payable upon completion of the optional training. All training
quotes listed herein are fixed price not to exceed).
Phase 3 - advanced training, approximately six (6) months following Final System
Acceptance. (This is optional training that the City may or may not elect to acquire. Payment for optional training will be payable upon completion of the optional training. All training
quotes listed herein are fixed price not to exceed).
0
The “Type” column in the table below indicates the type of training:
“A” -- Tiburon will train all users in the general category of training, up to the total number of
classes and hours listed below for each specific class. If the total number of classes times the
standard number of attendees does not cover the number of City employees to be trained
additional classes can be purchased, or the City can support additional training in a train-the-
trainers mode. Each class shall not exceed 10 City employees per class.
“T” -- Tiburon will train a set of City trainers, and will then provide additional on-site assistance
during training conducted by the City’s trainers for a period up to fifty percent (50%) of the time
quoted for each Phase 1 class.
The “Time” column indicates the total class time in hours, per class.
Exhibit 8: Page 24 May 5,2004
City of Carlsbad
Public Safetv ComDuter Svstem
CAD General & Administrator Training A 1 40 40
CAD Configuration File & Table Training A 1 24 24
CAD DispatchedCall-Taker Training’ A 4 24 96
CAD Supervisor Supplementary Training A 2 4 8
MDS User Training Class A 20 2 40
Reformatter User Training A 1 16 16
GCT User Training A 1 16 16
CARS User Training A 2 20 40
CAD ProQNSlP Training A 1 12 12
Crystal Reports Training A 2 16 32
MSS System Administration Training A 1 20 20
Exhibit B
Amended Statement of Work
r CAD General & Administrator Training A 1 ** 20 20
CAD Configuration File & Table Training A 1 ** 12 12
CAD Supervisor Supplementary Training A 1 4 4
MDS User Training Class A 2 2 4
MSS System Administration Training A 1* 5 5
Reformatter User Training A 1* 4 4
GCT User Training A 1* 4 4
CARS User Training A 1 ** 10 10
CAD ProQNSIP Training A 0 0 0
Crystal Reports Training A 0 0 0
CAD Dispatcher/Call-Taker Training’ A 2 24 48
1
Classes that will have a final “test” to confirm understanding of the materials presented are noted
in the ”Training Class” column with a footnote of the number one (e.g. ’).
CAD General & Administrator Training A 1* 10 10
CAD Configuration File & Table Training A 1* 6 6
CAD DispatcherlCall-Taker Training’ A 2 24 48
CAD Supervisor Supplementary Training A 1 4 4
MDS User Training Class A 1 2 2
MSS System Administration Training A 1* 5 5
Reformatter User Training A 1* 4 4
GCT User Training A l* 4 4
CARS User Training A 1 ** 10 10
CAD ProQNSlP Training A 0 0 0
Crystal Reports Training A 0 0 0 1
Exhibit 8: Page 25 May 5,2004
City of Carlsbad Exhibit B
Public Safety Computer System Amended Statement of Work
City will:
a. Provide suitable classroom facilities with computer workstation equipment for each staff member
participating in the training session.
b. Provide sufficient copies of the documentation provided by Tiburon to support all students in the
training classes.
C. Ensure that appropriate City training personnel are available to participate in the scheduled
training programs.
d. Provide any desired video taping equipment and services for the purpose of taping training
classes for the purpose of future training of City staff.
Task 22 CAD Initial System Performance Test
Task Description:
This is the City’s test and confirmation of CAD/TI and Dispatch Mapping transaction response times to be
performed under simulated loading conditions, as defined by this Agreement. This task will not occur until
all documentation has been updated and delivered to the City and training has been completed for CAD system users. The specific method and transaction mix will be developed by the City with assistance from
Tiburon, and testing methods will be further determined at the City’s discretion during the BPR Process,
and then reviewed and finalized by the City not sooner than thirty (30) calendar days prior to the start of
this test period.
Responsibilities include, but are not limited to:
Tiburon will:
a. Verify that the CAD system has satisfactorily completed the Functional Testing and Systems
Integration Testing tasks.
b. Working with the City, assist in the development of test scripts agreeable to the City for all
transactions to be entered and the rate of transaction entry. All test scripts and performance
requirements shall be in compliance with this Agreement.
C. Define and provide, with approval from the City, the measurement process to record the results of
the performance tests.
d. Assist the City in performing the test process.
e. Make any software and/or hardware modifications required in the event that CAD does not meet
the CAD/Tl performance criteria as defined in this Agreement.
f. Assist the City on an as-need basis during the execution of this test process.
City will:
a. Provide the site and facilities necessary for the performance of this test.
b.
C.
Work with Tiburon to develop the final script of transactions to be tested.
Review and approve the measurement process to be used during this test.
Exhibit B: Page 26 May 5,2004
City of Carlsbad Exhibit B
Public Safety Computer System Amended Statement of Work
d. Provide City staff to enter data and CAD transactions of the type and at the rate defined within the
test script during the test period.
e. Perform the test with the assistance of Tiburon.
f.
identify performance test shortfalls.
Review the results of the Performance Test, working with Tiburon to confirm test completion or
Task 23 MDS, Maverick 9-7-7 Mobile Mapping and AVL Performance Test
Task Description:
This is the City’s test and confirmation of MDS, Maverick 9-1-1 Mobile Mapping and AVL functional
capabilities and transaction response times to be performed under simulated loading conditions, as
defined by this Agreement. This task will not occur until all MDS, Maverick 9-1-1 Mobile Mapping and AVL
equipment has been completely installed and initial training has been completed for Mobile/Mapping and
AVL system users, excluding any vehicles not made available to Tiburon and its subcontractor within 15
calendar days prior to the start of this task. The specific method and transaction mix will be developed by
the City with assistance from Tiburon and testing methods will be further determined during the BPR
Process, and then reviewed and finalized by the City not sooner than thirty (30) calendar days prior to the
start of this test period.
Responsibilities include, but are not limited to:
Tiburon will:
a. Complete the installation of all MDS, Maverick 9-1-1 Mobile Mapping and AVL equipment prior to
the start of this test.
b. Verify that the Mobile/Mapping and AVL components have satisfactorily completed the Functional
Testing and Systems Integration Testing tasks.
C. Define and provide, with approval from the City, the measurement process to record the results of
the performance tests
d. Define a test script agreeable to the City of all transactions to be entered and the rate of
transaction entry. All test scripts and Performance requirements shall be in compliance with this
Agreement.
e. Assist the City in performing the test process.
f. Make any software and/or hardware modifications required in the event that Maverick 9-1 -1
Mobile Mapping and/or AVL do not meet the performance criteria as required by this Agreement.
9. Assist the City on an as-need basis during the execution of this test process.
City will:
a. Provide the site and facilities necessary for the performance of this test.
b. Work with Tiburon to develop the final script of transactions to be tested.
C. Review and approve the measurement process to be used during this test.
Exhibit 6: Page 27 May 5,2004
City of Carlsbad Exhibit 6
Public Safety Computer System Amended Statement of Work
d. Provide City staff to enter data and Maverick 9-1-1 Mobile Mapping and AVL transactions of the
type and at the rate defined within the test script during the test period.
e. Perform the test with the assistance of Tiburon.
f. Review the results of the Performance Test, working with Tiburon to confirm test completion or
identifying performance test shortfalls.
Task 24 CAD, MDS, Mobile Mapping, and AVL Certification and Production Cutover
Task Description:
Tiburon will certify CAD, MDS, 9-1-1 Mapping, Maverick 9-1-1 Mobile Mapping, and AVL for operational
status and then assist the City in placing each Major Subsystem into productive use in a live environment.
CAD will operate in a live environment for not less than forty-five (45) calendar days prior to production
cutover to MDS, Maverick 9-1-1 Mobile Mapping, and AVL systems. However, if the CAD system
operates without any reported problems for a consecutive period of at least fifteen (15) calendar days,
cutover to MDS, Maverick 9-1-1 Mobile Mapping, and AVL may occur sooner if mutually agreeable to both
parties. If problems reported with CAD are deemed unacceptable to the City during the initial fifteen (15)
calendar day period, City may delay the cutover to MDS, Mobile Mapping, and AVL until such time as the
problems in CAD have been repaired.
Responsibilities include, but are not limited to:
Tiburon will:
a. Notify the City when CAD, MDS, 9-1-1 Mapping, Maverick 9-1-1 Mobile Mapping, and AVL are
certified and ready for production operation.
b. Assist the City staff in placing CAD, MDS, 9-1-1 Mapping, Maverick 9-1-1 Mobile Mapping, and
AVL into a production status.
C. Monitor the initial operation of CAD, MDS, 9-1-1 Mapping, Maverick 9-1-1 Mobile Mapping, and
AVL and answer any operational questions by the City.
e. Assist the staff in utilizing the system and the computer operations staff in supporting the system.
f. Provide City with all remaining documentation and associated information required by this
Agreement for CAD, MDS, 9-1-1 Mapping, Maverick 9-1-1 Mobile Mapping, and AVL and all
associated System components.
City will:
a. Place the software into production at a mutually agreeable time following the completion of the
previous tasks and CAD, MDS, Maverick 9-1-1 Mobile Mapping, and AVL system certification by
Tiburon.
Task 25 CAD, MDS, 9-14 Mapping, Maverick 9-14 Mobile Mapping, and AVL Preliminary Test
Task Description:
This task will begin on a date mutually agreeable to both parties, and will verify that CAD, MDS, 9-1 -1
Mapping, Maverick 9-1 -1 Mobile Mapping, AVL, and applicable interfaces demonstrate accurate and
Exhibit B: Page 28 May 5,2004
City of Carlsbad Exhibit B
Public Safety Computer System Amended Statement of Work
reliable operation in a production environment including full compliance with all requirements as defined in
this Agreement. This is a Preliminary Test, to take place for at least thirty (30) calendar days following
Production Cutover.
CAD will operate in a live environment for not less than forty-five (45) calendar days prior to production
cutover to MDS, 9-1 -1 Mapping, Maverick 9-1-1 Mobile Mapping, and AVL systems. However, if the CAD system operates without any reported problems for a consecutive period of at least fifteen (15) calendar
days, cutover to MDS, Maverick 9-1-1 Mobile Mapping, and AVL may occur sooner if mutually agreeable
to both parties. If problems reported with CAD are deemed unacceptable to the City during the initial
fifteen (1 5) calendar day period, City may delay the cutover to MDS, Maverick 9-1 -1 Mobile Mapping, and
AVL until such time as the problems in CAD have been repaired.
Responsibilities include, but are not limited to:
Tiburon will:
a.
b.
C.
d.
e.
f.
9.
h.
Certify to the City in writing that all products have been delivered and all requisite tests have been
completed successfully.
Monitor the initial operation of CAD operationally, technically and functionally, for up to five (5)
calendar days following cutover and answer any operational questions by the City. Tiburon will
have staff on-site during this five-day period. In the event that significant problems occur during
the cutover period and the City determines additional on-site time is required, Tiburon will remain
on site at no additional cost until such time as the City deems Tiburon’s on-site assistance is no
longer required.
Monitor the initial operation of MDS, Maverick 9-1-1 Mobile Mapping, and AVL operationally,
technically and functionally, for up to two additional (2) calendar days following cutover and
answer any operational questions by the City. Tiburon will have staff on-site during this two-day
period. In the event that significant problems occur during the cutover period and the City
determines additional on-site time is required due to System related problems, Tiburon will remain
on site at no additional cost until such time as the City deems Tiburon’s on-site assistance is no
longer required.
Respond to all problems or system failures detected within the time period required by this Agreement
Respond to and correct all deficiencies identified within the time period required and in
accordance with the terms of this Agreement.
Support the system in the production environment to meet the requirements as defined by this
Agreement.
Provide written daily status reports on all reported problems explaining the corrective steps taken
(or to be taken) and projected time of completion of repair.
Provide a written report following this test period confirming that CAD/TI, MDS, 9-1-1 Mapping,
Maverick 9-1 -1 Mobile Mapping, AVL and all related components have successfully met the
requirements of this Agreement.
City wit I :
a. production environment. Utilize the CAD, MDS, 9-1-1 Mapping, Maverick 9-1-1 Mobile Mapping, and AVL system in a
b. Monitor the operation of CAD, MDS, 9-1-1 Mapping, Maverick 9-1-1 Mobile Mapping, and AVL.
Exhibit B: Page 29 May 5,2004
City of Carlsbad Exhibit B
Public Safety Computer System Amended Statement of Work
C. Log occurrences of identified deficiencies and System failures.
d. Log identified functional variations from the "As Built" Documentation.
e. Contact Tiburon personnel in a timely manner in the event of system problems or failures.
f. Provide operational assistance to assist Tiburon in diagnosing and correcting any system
problems or failures detected as part of this task.
g. Perform system support operation tasks including backups of system data files.
Task 26 Final System Acceptance Test
Task Description:
Immediately following the successful completion of all preceding tasks and the delivery of all required
documentation, the CAD system and all associated equipment, components and subsystems will continue
in production operation in the Final System Acceptance Test phase of the Project. This test is for a
minimum sixty (60) calendar day period and will begin on the date mutually agreeable to both parties. The
Final System Acceptance Test will be conducted in a live environment and will be performed to verify
compliance with all terms and conditions of this Agreement.
Responsibilities include, but are not limited to:
Tiburon will:
a. Certify to the City in writing that all products have been delivered and all requisite tests have
completed successfully.
b. Provide City with all remaining documentation and associated information required by this Agreement.
C. Respond to all problems or System failures detected within the time period required by this
Agreement.
d. Respond and correct all errors, problems and/or deficiencies in the "As Built" Documentation as
identified by the City within the time period required by this Agreement.
e. Respond and correct all errors, problems and/or deficiencies in any System component(s) as
identified by the City within the time period required by this Agreement.
f. Assist the City on an as-needed basis throughout the duration of this task.
City will:
a. Perform all tests necessary for this task.
b. Notify Tiburon of any identified errors, problems or deficiencies in either the "As Built"
Documentation or any System component(s).
C. Support Tiburon in the remote diagnosis, correction and testing of any system errors or deficiencies.
Exhibit 6: Page 30 May 5,2004
City of Carlsbad, CA
Computer Aided Dispatch and Mobile Data System
Pricing Summary Modified per Amendment No. 1
Tiburon Price Proposal Totals
Computer Aided Dispatch - CADlTi $215,603
CAD/T Workstations $29,250
CAD Status Mapping $81,322
AVL --Automatic Vehicle Location 8
4
Message Switch Interfaces: $213,764
$17,272
Other Tech $495,931
CAD Interfaces and Subsystems 4
Field Automation System - FAS
Subtotal Tiburon Software and Services $1,254,818
Total Equipment and Third-party ,766
100% Performance Bond: $21,000
Total Project Price: $1,966,584
7.75% Software Licenses Sales Tax: $1 8.262
7.75% Equipment and Third-party Software Sales Tax: $53,534
II $10,400
$193,200 52 Optional Motorola Mobile Data Radio
2 Optional Motorola Mobile Data Radio - Spares
1 Motorola RNC Interface
2 Trimble GPS Receivers - Spares
Padcom Option ” x_
52 Trimble GPS Receivers $53,040
$2,040
Advanced Training $22,963
Refresher Training $22,963
Exhibit C
Tiburon, Inc. Exhibit C: Page 1 Amendment 1 - May 5,2004
City of Carlsbad, CA
Computer Aided Dispatch and Mobile Data System
Tiburon Software Services Pricing Modified per Amendment No. 1
CAD Nucleus (1 service type. 1 agency) 532.ooo $32,000
Optional modules
Calculated muting (requires AVL and mapping) $2,WO $40.222 $43,122
25% License discount ($8.725) ($8,7251
Exhibit C
515,330
$6600 Phase II Cellular included
Software Technical WarrIMaint
Descrlptlon Licenses Services Totals Component Comments Qtv
site
site
1
1
1 Computer Alded Dlspatch - CADITI
MDS wwkstation software $44,625 $44,625 $7.600
MDSsystembase $17.500 $17,500 $6,070
Map system base $9,500 $9.5600 $1.7600
MDS Mobile Mapping Workstation software $22.125 $22,125 $3,800
25%
I !Data Convemion I I I not included I I I
License discount ($23,438) @3,438)
Business Practice Rewew. Confiiguraron, Tailonng $9,218 $9,218
Software installation. Testing, Ceilification I $38,971 $38.971
I
I I 1 I I I lBusiness Practice Review, Configuration. Tailoring $33.876 1 $33,876 I
ISoftware installation. Testing, Ceilfication I I $80.484 I $80,484 I 1
AVL -Automatic Vehicle Locatlon
CAD Interfaces and Subsyslems
Field Automation System - FAS
Exhibit C: Page Amendment 1 - May 5,2004 Tiburon, Inc.
City of Carlsbad, CA
Computer Aided Dispatch and Mobile Data System
Tiburon Software Services Pricing Modified per Amendment No. I
$9,600 $38,460 548.060 $5.864
ITibumn Message Reformatter 54.500 54.500 $900
IReformat nmdificaeons $8,987 $8,987
$76,920 $76,920 $7,728 $7,500 $5,176 $12,676 $1,500
$59,412 $59,412
Exhibit C
Optional development of 40 forms
Software Technical WarrlMalnt
Description Licenses Services Totals Component Comments aty
1 ~MDS UserTraining Classes I $2.893 I $2.893 1 I I I I I Subtotall $70,312 1 $51.082 I $121,394 I $19,170 1
Message Switch Interfaces:
25%
1
1
I ISpecial Forms I License discount ($5.4001 ($5,400)1
MSS system administration training class $5.716 $5,716 i
Reformatter User Training Class $2.893 $2.893 I
1 CARS MIS Reporting development software $6,400 ~ $4,714 $1 1,114 2 CARS Secondary Development Workstations $1,800 1 $1,553 $3,153
CARS Reports Development (2 days on-site) 1 $2,275 $2,275
CARS User Training Class I $2,730 $2,730
$1,100
$300
I 1 I I I Subtotail $16.200 I $197,564 I $213,764 I $15,992 1
25%
2
I Supporting systems
License discounl ($9501 ($950)
Crystal Repwts Training $8.780 1,780
- Systems Integration
Project Management
Subtotal
I I I 1 I I 25%lLiwnse discount ($2.000)~ ($2.000)l I I I I I I
I $129,400 $129,400 1 $287,795 $287.795
I
$2,850 ' $4 93,061 $495,931 $700
1 I I I I I
Subtotal $6,000 I $11,272 1 $17,272 I $1,400 1 I Other Technical and Professional Services
]Geographic file Convetsion tools and seNices I $3,800 I $27,253 1 $31.053 1 $700 1
1 I I I 1 IGCT User Training Classes I $4,793 1 WS793 I I
I I I I I 1 IWorkstation setup and software configuration $17.383 I $17,383 I
I i I jServerlnetwork installation and support services I I $17,677 I $17,677 1 I
Tiburon, he. Exhibit C: Page Amendment 1 - May 5,2004
City of Carisbad, CA
Computer Aided Dispatch and Mobile Data System Equipment Pricing Modified per Amendment No. 1
Exhibit C
Unn Extondwd Extondwd Doacrlptlon Modd pr1.a Prk. warrmty COmmnt. gL
Faun Tohrud WIMSSIAVL Sow 1 RServer 3300.4U, 1-way DMR. 2 4 GHr CPU, 512 KB Cache wdh MlcrosoR P3101R-1DAS $19.159 $19.159 18MoWwr 18 mo~warTanlylr0rndate 01 purchase covered under2 dmrentmram
windows 200 Advanced Server and 25 CALS. Rack-mouIItable Extended warranty (2 addhonal years) added 8/26
1 Enghsh Windows 2WO Advanced Server 6 Stratus ASSS SMOISEN $998 $998
1 Verbs Volume Manager hnse for Mlcrosdt W~ndows 200 W20 5599 $599
4 tJkral80 SCSl Enchsure Dlsk Sbl Fikr Panel AA382s $1 7 568
10 3806 10K RPM - UCalW SCSl~ for Unral60 SCSl Disk Stwqe System D522 $479 $4.780
1 ExDansun RSarver 14-sbt UlralW Scsl Disk Storare Svstem wh SOM 0529 55.m 15.3M
8 nServer5iz~B ~emory MOW M228 $424 $3.392
-. Backplane 2 ft%Wr 18 GB 3 5 15,WO RPM Ultra180 Disk DM D533 $469 $938
1 RSBrver External DLT Bwo Tape Dnve T513 $3,685 13.6%
1 Faun-Tolerant ASN AMch KI AK403 s2,m 122w
1 RServer PCI Sbt Filler Panel (pb included In base model) F9583 Included Included 1 RServer Eqh! Port Asynchmmus PCI Adapter U486 $1.095 $1.095
2 Ultra1602portSCSlHBA-QloOK:12180 U521 $488 3976
1 RServer External Tape Controller Cable ~ 10 feet B1MW1 $115 $115
3 N Amencan Power Cord ChicaQolJapanese 120VAC.15 Amp.NEMA5.15 - 8501-01 $25 $75 m
1 RServerPowerCaMePalr. 120VAC115A Plw Type NEMA5-15.7feel 850101 included included
(pnce included in base model)
1 Rack Bezel Label kil for StrabJs (pna included m base model) AK432-01 incMed included 1 4U Sow Lav-Mnape Label (pme induded in base model) AK433 lnduded lnduded 4 Dsk slot filler panel (price included h base system] AS390 included mduded 1 RServsr Rab: Bezel (price included m base model) MA632 included nduded
1 RServer 33M) Sbatus 4U rack packaging (pnce mduded in base model) PA1068 induied nduded 1 RServer 3300 LimM InstaUaton (M-F, bcal busmess hours. wdhm Slrahls CSIN0016 $950 $950
SNhW radius)
1 in61aII Sewer 3300 in Rack CSINW17
1 Su mom Svms support while system ,n staging 1 Annual Suppon 6rst year RSeNsr 33w 44 l-way OMR 2 4 Gr(z CPU. 512 P3101R.IDAS
KB cache wm MlaOson w.ndows 200 Advanced Server and 25 CALS. Rack-mountable
1 Annual Support lint year Expanson nserver 14-slot UCa160 SCSl Disk D529
$803 sa00 $3.318 $3.318 S8.7M) $8,7W 18.700
$3,480 nc80 $3,480 Storqe System wdh Spld Backplane
1 Annual Support first year RServer Exter~l DLT 800 Tape Drive T513 $1.092 $1,092 $1.092
1 Oh RDBMS SoRware -Annual Support 1-year $2,850 $2.850 $2.850
1 Symantec PC Anywhere V10 5 Host and Remote 076003411 1185 $185 1 EC Software Hep 6 Manual 3 Single User License $289 $289
1 EC Saltware Hep 6 Manual 3 Addlonal User Llcense 189 $99 1 Wimp mmpmsrmn Software $35 $35
1 Awnt KVM Cable USB - 8' CUSB-8 $55 155 1 Mlsalbneous Equpnent and CaMW $2- $250 1 Annud Support 2nd year Expawn RSemr 1Csbt Ultra160 SCSl DIsk 0529 $3.541 $3,541
1 Annual Support 2nd year nSarver External DLT Bwo Tape Dnve T513 $1 112 $1.112
1 Annual Support 2nd year ftServer 3300.4U. l-way DMR. 2 4 GHz CPU. 512 P3101R-IDAS $8.853 $8.853
1 Orade RDBMS Sonware 115.00 $15.00
Stow System wdh Spll Bad@ane
KB Cache wllh MicmsoR Windows 200 Advanced Server and 25 CALS.
Storqe System wdh Spld Backplane
1 Annual Support first year RServer Exter~l DLT 800 Tape Drive T513 $1.092 $1,092 $1.092
1 Oh RDBMS SoRware -Annual Support 1-year $2,850 $2.850 $2.850
1 Symantec PC Anywhere V10 5 Host and Remote 076003411 1185 $185 1 EC Software Hep 6 Manual 3 Single User License $289 $289
1 EC Saltware Hep 6 Manual 3 Addlonal User Llcense 189 $99 1 Wimp mmpmsrmn Software $35 $35
1 Awnt KVM Cable USB - 8' CUSB-8 $55 155 1 Mlsalbneous Equpnent and CaMW $2- $250 1 Annud Support 2nd year Expawn RSemr 1Csbt Ultra160 SCSl DIsk 0529 $3.541 $3,541
1 Annual Support 2nd year nSarver External DLT Bwo Tape Dnve T513 $1 112 $1.112
1 Annual Support 2nd year ftServer 3300.4U. l-way DMR. 2 4 GHz CPU. 512 P3101R-IDAS $8.853 $8.853
1 Orade RDBMS Sonware 115.00 $15.00
Stow System wdh Spll Bad@ane
KB Cache wllh MicmsoR Windows 200 Advanced Server and 25 CALS. Rack-mountable
1 Annual SUDDOR 3rd war ExDaMbn ftServer 14abt Ultra160 SCSl Dlsk D529 t3.754 53.754
storage System wlth SPM sackpane
1 Annual Support 3rd year RServer External DLT Bwo Tape Dnve T513 $1.178 $1.178
1 Annual Suppan 3rd year RSeNer 33w.4U. +way DMR. 2 4 GHz CPU. 512 P3101R-1D-AS $9.385 $9.385
1 ShippipMardlul(l $268 $268
KB Cache wlth MicmsoR Windows 200 Advanced Server and 25 CALS. Rac&-mountable
Subtotal $101.594 116.122
CARS SorvmrlCAD Training EnvironmnuWp Sow 24i7 4 Hour Response for 3 Years 1 HP (Cornow) PmLiant ML350R03 2 2GHz Intel Xeon pmcessor. 512MB 300587-001 $2,249 $2.249 3 Yr Support
RAM. 48X MaCD-ROM, lWlW100Elhemet
1 IGB x 1 PC2100 DDR 287497421 $799 5799
2 18 2GB 15Krpm U320 UNI HDD 286775-822 $399 $798
3 36 4GB 10Krpm U320 UNI HDD 28671PB22 $349 11.M7
1 DLT VS 4W&7 Tge Om. Internal 280128821 $1.499 11,499
1 NC313481PCIDual1WlWAiIopbOnkil 138603421 $278 $278
1 Hot Plug Redundant Pmer Suppy (ML350 G3KNo IEC Pmsr Cod] 283655421 $243 $243 1 HP (Compq) Syatern SuppoR 24-Hour x 7-Day. 4-Hour Response ORSM FM-EL724-36 $799 5799 Coverwe ~ 3 Years
1 MimsoR Windows 200 Operating System. $user Cllent Access Luense C11-WO16 $899 $899
1 Oracle RDBMS Software $1500 $15.00 1 Oracle RDBMS Software - Annual Support %-year 12.850 12.850 1 Symantec PC Anywhere V10 5 Host and Remte 0740-03411 $185 $185
1 Awcent KVM Cable PSl2. 8' CIFCA-8 $55 555
1 DI~I Auzlepon Hlph-sped muitbrodem adapter. 8 anabg modems wdh RJ- 77wo583 $1.535 31.535
1 ShlppipMandIw $162 $162
SUbtOtll 12i.w
11 modularmnnedois
1 Mlscellaneous Equipment and Cabling $150 $150
W.baWIy Somr 24/7 4 Hour Respom for 3 Years
1 HP (Compq) PmLlaR DL-3 2 8 bundle wlm 2 BGHr Intel Xeon 308724-001 $3.299 s3.2~~ 3~rsuppon
pm%ssor. lGBRAM.24XMaxCOROM.Zx1W1WIlWOE~meZSrnart
Any si Pllg Contmmr
1 1GB PC2100 DDR (2x512MB) ~0067e~2i $679 $679 1 Battery Backed Wrlte Cache (BBWC) EnaMer 255514-621 $194 $194
2 18 2GB l5Krpm U320 UNI HDD 286775422 $399 $798
I NC3123 Fast Elhemel NIC PCI 1WlW Wake on IAN 174830821 $% 3% 1 HP (Compaq) System Support 2CHour x 7-Day. &Hour Respons? On-sN, FM-EL724-36 $799 $799
1 MlcmsoR Wtndows 2wO Operabng System. 5-user Cllent Access Luense C11-00016 $899 1899
Coverwe ~ 3 Years
1 Symantec PC Anywhere V10 5 Host ard Rerote 07-CC-03411 $185 $185
Tlbum, Inc. Exhibit C: Page Amendment 1 ~ May 5,2004
City of Carisbad, CA
Computer Aided Dlspatch and Mobile Data System
Equipment Prlclng Modified per Amendment No. 1
Exhibit C
Unl Exbndsd hndsd Pdcw Prkm Warranty CWnmmt. 3!Y- Doscriplion Mod.1 --
1 Avocsnt KVM Cable PSR ~ 8' CIFCA-8 $56 $55 1 Shipin@mdlinp $128 * $128
SUbt0t.l $7.111
Rack H8rdwar. and Admlnldrator's Consob 2417 4 Hour Response for 3 Yeam
1 HP (Compaq) Rack Model 1W2 (42U) ~ Fld Pallet 245161-621 $1,469 $1.4669 3YrSUppOrt
4 HP (Compaq) Blankvyl Panels (Muit Graph&) 253214-626 $48 $182
1 HP (Compq) 42 Slds Panel ~ (GrapMe M&lllc) 24w9oB21 $324 $324
1 HP (Compaq) TFTSMX) RKM lntqraled keyboard and Mondor 2215464XJl $2,449 $2,449 1 Lo1 Power Dwnbmn. CaMe Management and MISC hardware for equipment $340 $340
1 HP (Comp4 mm Stablluer Kd (Graphite) 246107-621 $198 $188
I& 1 Amcent AuDvrrr USE-PSR KVM Swdch Box AV4Gt-4 $899 1899 1 Avocsnt 18' Rack Mountlnp Kd for AudDww RMK-34 $45 $45
1 ShipmnplHmdlirq 1496 $496
1 CoIoQraphio Xentera GT2 PCI VI0 Adapter (1-2 monnom) 0 Sony 18' LCD Flat Panel Display (SDM-P82561ack) SO mtmduded Removed per Amendment No 1 $295 5295 Colorgraph 24 month pam and IaborwanantylsO day cat& warranty
SuMot8l $6,707
s.rVn8d Dkp81cIwnly Natwork Hardwan Un 4 Hour Respom for 3 Years 1 2 ~cisu, catalyst 24-port 10/100BASE-TX Fast Elhemet managed WS-C295OT-24 $1.019 $~.w8 90DaySuwrt
~mckmountable switch with 2 10/100/1000BASE-T ports and data I 1 I secunty protection I 1 CISCO 261 1 Ethernet Router with Two Ethernet pacts for CAD CISCO261 1 $1,978 $1.978 90DaySupport
system IAN segmentation 1 Mscellaneous Cablirq $50 550
1 ShipplngMndling $84 $84
Subtohl U.lt0
3 Year Next Day Support G.ographk Convuslon Toolkit (GCT] Workstation 1 HP (Compaq) Evo D510 Convertible Minitowermth $1,124 $1.124 3YrNext
Intel PenUum 4 Processor 2 40 GHz (533 MHz Fmnt Side Bus)
512MB PC2100 (266 MHz) DDR memory
4068 Ultra ATA 100 (7200rpm)
1 44MB Floppy Disk Dnve
Intqrated Intel PR0/100 VM network connection
48X max CD-ROM
Compaq USB Scroll Mouse
Compaq carbon/silver Internet keyboard
System Documentation Kit
Integrated Intel audio
Restore CD
Micmsofl Windows 2000 Professional (SeMce Pack 2) 3 years Parts & Labor wlth 3 years Next Business Day onsite $0 mtlnduded Removed per Amendment No 1 0 Sony 18" LCD Flat Panel Lhsplay (SDM-P82B-Black)
1 Colorgraphics Xentera GT2 PCI Video Adapter (1-2 displays) $295 $295 Colorgraphics 24 month paN and labw warrawWJ day cable wanaw
1 SymantacPCAn~reV105 HoslandRemote 07MuM11 $185 $185 1 Shipping/Handling $86 $86
Subtotal Sl.6sO
Call Taker Workst81ions 2M 4 Hour Responsn for 3 Years
3 HP(Compaq) D530 Convertible Mintowermth $1.639 $4,918 3YrSupport
Intel Penhum 4 Processor 2 80 GHz (533 MHz Front Side Bus)
512MB PC2700 (DDR333) Memory
40GB Ultra ATA 100 (7200 rpm) Integrated Intel PROH000 Gigabit network connecm
1 44MB Floppy Disk Dnve
48X MX CD-ROM
Compaq USB Scroll Mouse
Compaq carbon/silver Internet keyboard
System Documentation Kit
Integrated Intel audio Restore CD
Micmofl Windows 2000 Professional (Se~ce Pack 2) 3 years Parts (L Labor mlh 3 years 24x7 hour response oosite 0 $my 18" LCD Flat Panel OWDI~V (SDM-P8Z&Black) $0 mtinduded Removed per Amendment No 1
3 ColomraphiC$ Xentera GT4 PCI Video hsplav Adapter (14 $599 $1.796
3 Shipping/Handling $112 $336
Colorgraphlo 24 month pa* and labor warranty190 day cable wananty
Subtotal $7,050
Dbp8tcWSvpNbor WorkstatIW 2417 4 Hour Response for 3 Yean
6 HP(Compaq) D530 Convertible Mintower with $1,639 $9.835 3YrSupport
Intel Pentium 4 Prccewr 2 80 GHI (533 MHI Front Side Bus)
512MB PC2700 (DDR333) Memory
40GB Ultra ATA 100 (7200 rpm) Integrated Intel PROH000 Gigabit network wnnectlon
1 44MB Floppy Disk Dnve
48X MX CD-ROM Compaq USB Scroll MOUSE
Compaq ca Wsilver Internet keyboard System Documentation Kit
Integrated Intel audio Restore CD
Microson Windows 2000 Professional (Service Pack 2)
3 years Parts (L Labor wlth 3 years 24x7 4-hour response onsite 0 Sony 18" LCD Flat Panel Display (SDM-PB2B-Black) $0 mtmduded Removed per Amendment No 1
$599 $3593 6 ColomraDhics Xentera GT4 PCI Video Dsolav AdaDtW (14
6 Shipplng/Handling $136 5816
Cobrgraphio 24 mnth paN and labor warrantyWJ day cable warranty
Svbtohl $14244
Tlburon, Inc. Exhibit C: Page Amendment 1 -May 5,2004
City of Carisbad, CA
Computer Alded Dispatch and Mobile Data System
Equipment Pricing Modified per Amendment No. 1
Exhibit C
unn ENnd.d Extmded Modal Prks Prlca Warraw CDmnwntr Dnscrlptlon A%-
FIM yer Spedraam warranty
OPT 03 $228 tZ26 Flre year Spectraam warranty
Flve year Spedrmm warranty One year Spedramm warraq One year Spedramm warranty
Five year Spedramm warranty
Five year Spedramm warranty
Thu Synshronlvllon Hardwar* 1 Spdraaom NetCkekJNTP Nehuok Time Pmvlder (less indwr anlenna) 8189 11.944 51.w
1 Spdramm Rack Mount Adapter for mDdel8189 NelWWP 1 Spewamm Outdoor Antenna 1 Spmamm GPS Antenna Sqe PmtecIor
1 AniennaAdaptor
I 100 Ft Anienna Cabie 1
8225 $254 $254 8226 $221 5221
CAIIWI $82 $82
CA071M $216 $218
$866 $866
1 Antema Roof Mount - lnstallalmn swo w
Spdracom nmeVmw 4W Model 8177. Green LED. 12 or 24-hour. 4 V hgh 8175
burs and mmu*s dbltr. 2 P huh semnds dloltr
1 ShippinglHandling
SUMDIll
$1,479 $2,€58 1 Vr Warr One year limned warranty fmm date of purchase. mium to HP Pr1nt.m
2 HP LaserJet 420017 nehvork ready pnnter up to 35ppm black and
white
Q242WABA
2 Shipping/k!andllng 152 $104
SvMOtrl sap2
AddlUonrl Thlrd-prty SoRwan DVPRCW $569 51.138
$14,4W s14.4w
2 Gyslal Dedsbnr CWl Repons V9 Developer
(WW Report Applicalmn Sewer)
1 Websphere MQ (MQ Serks Sof7ware) (standud manuladurers' warranlies for a# above) SVbtOtll $15531
All GPRSlCDMA modems to be pmd by CW All GPS mahers to be pmvW by Clty as part Of GPRSCDMA modem unless me Clty seleds the Tibumn oplanal pnclnWpltchare Of *IS
MDC Insl8Ltlon kwkns
$650 525350 39 Cmwn VicIona Install&n 7 TN~ and SUV Installabon $780 15,460 eqUlpmd
6 Wrcycklnstallabon $780 14.680
Subtotal $15,490
MDC Ha l3MoWarr 13monthwarrantyfromdatedpurchase
I $5.610 $218,790 $9.360 Updated wR1 Data911 prIuu"(I on 814103 39 39 121'Dbplay induded included
39 w,ndowszMx)0s nduded Included
39 RqpedKeyboard klduded Included
39 Penbum 111 1 OGHr Upprade $374 $14.586
39 RAM Upgrade to 512Mb $150 WW $220 $8.580 $110 $4.290
$110 $4290
$528 $20.582
$760 $29,640
39 40 0 GB Hard Dnm Uwrade
39 ToudlPenSIylus
39 Magtek Card Reader
39 Extended Warranty (one year induded fmm date of puchase)
39 Veh& kslallatmn KL lnckdes mount. cables. Fuses, loom etc
Ths one km pvldes me Clty wW a mtee year and one month wamnty 0 External CD ROM $220 mtinduded from me date of purchase
MDC Hardwarn for Trucks and SUVr 13 Mo Warr 13 monthwarrantyfmmdateof puchase
$5,610 $39,270 $1.680 Updated wW Data911 pnur~on(VUO3 7 7 I included mduded
7 wlndDws2cc4-"
7 Penbum ill 1 OGHz Upglade 7 RAM Upgrade m 51ZMb $150 7 40 0 GB Had Dnve Upprade $220 $I.YO $770 .-.." $110 _..^ 7 TouchPenStylus 7 Maptek Card Reader 311u *,I"
$220 nollncluded $528 $3,696 $760 $5.320 hum me date of purchase
mls line item prnvides me C~~wvh a mree year ard one month warranty 0 ExtemalCDROM 7 Extended Warranty (one year inauded hum date of purchase) 7 Vehide lnstallatmn KI~ mdudes mount. cables. fms. loom etc
$SS.OW $1.610 SUbtOtll
MDC H
8 $2.890 517,340 3 Yr Warr 3 Year Limited Warranty hum date of putchase on laptop and dKplay
8 $1,870 Sli.220
8 RuppedKeyboard $330 $1.980
8 TouchPenSiylus $10 $60
8 MagtekCard Reader $110 $a
osuMo(rl su.966
8 wlndaws2oooos included induded
8 Ram Upprade Io 128 MB 5121 $726
8 Vehide InstallaMn KL nddes mount. cam. fuses. loom etc 5830 $4.980
L.ptoP
2 $6,190 $12.380 3 Yr Wan 3 Year Limned Wrrw from dale ofpurchase on iapmp and dWhy
SUblOtll $12,380
Moblh
$440 $17.160 39 Retractabk Mounb~~ SheH for Cmwn Vlcs
SUblOtll $17,160
Nlpi Mamlenance for ms dem IS mt available
Span Moblk Hardwar* 13 Mo Warr 13 month warranty from dale d purchase
2 $5.810 $11,220 $480 updated wm Data911 pmq on 81U03
Amendment 1 - May 5.2004 mum. /nc. Exhibit C: Page
City of Carisbad, CA
Computer Aided Dispatch and Mobile Data System Equipment Pricing Modified per Amendment No. 1
Exhibit C
Unit EmnW tbnd.d D.lsrlptlon PIk. Prk. Wurrnh CGllllrun(l M- --
2 * WilKlowS zm os lnduded hduded
2 RAM Uwrade m 512Mb $150 IMO
2 40 0 G6 Hard orhe Upprade SUO $440
2
2 121'Ds#ay lnduded nduded I
lnduded hduded $748 2 RuppedKeyboard 2 Pehm Ill 1 OGHr Uppr& $374
$110 $PO
$530 $1.060
$6,190
Line dem 335 pmvdes tk C*y wkh a thme year and om nmm warranty from the date ol purchase
3 Year Llmlted Warranty imm date of puchase on laptop and dwplay
2 TouchPenSlylus
2 Extended Warranty M5 [one year Included from date of purchase)
1 Panasonlc CF28 RqQedued LaptDp $6.190 3 Yr Warr
$20.178 $400 SuM0t.l
5wr.
1 52,890 $2.890 3 Yr Warr 3 Year Llmted Warranty from date of purchase on lamp and dapby
1 w1lKlows2m0s nduded Included
1 RqgedKeybaard $330 $330
1 Ram Upll'Bde 10 128 MB $130 $130
I ExasndedWamanty07 $580 $580
1 TouchPenStylu 510 $10
S)U(*oi8l $5,810
184'MobhOatahSpl;ry 51,870 51.870 3YrWan
Dos-Uon
1 set standard mpmduabk Tibumn sonware and adrn~nIslraUan documntabon lnduded
8ubtOt.l SO
M€NT
w=-
$200 510,400 52 Installailon of hbtomla Modems a4 time of mmpuier lnslall
Subtoi8l t10.4W
$3,540 Sie4W NIA Maintenance for this ltem a ml available
lndudad lnduded lnduded llduded I* lnduded
'--'lKkd lnduded ai 2W 12,520 $520
$120 $240 $450 swa ?d Equipment No rarrantylmalntsnanca availabk Pmvidsd w%i~ .".- __ day warranty og (equipment used by Skms 0Ra Is m bnper
availabk as m equipment Si20 $240 NIA used Equipment No warrantylmaintenanr, avadabk Pmnded wdh 2 MiuowavaCabks day wananty only (squpmem ured by SkMs allice IS m Imp'
1 TesVPqrammip Staton $3,540 53,540
- dabk as MW equipment
$193300 $520 Subtobl
2 2 MotomlaVRMBBO llduded lidded
2 Antema lnduded lnduded 2 PmmmlModuk192 lnduded lnduad
SUM0t.l $7,010
13.540 f7.W NIA MaintenaMT for th16 dem a mt availabk
Pidcrm Odm Not induded in pmpsal price
1 Total Conned Network Adapter Maduk
1 Total Secure Encrlptan Madula
1 Total Contml Port Roulm~ Maduk 1 Total Roam Ellipse Maduk
mbkwwal 52 Total Mnnea Network AdaDier- Wirekss LAN 52 Total Conma Newark Ada@ - COMA u TWI Secuie Enuyptwn Clem u TOW corn01 port ~wtlp cim
100 Total Roam Ellipse Uohk Cknt
v 1 Pamm Pmjeu ManqemenVSupport
1 Wireless IAN Soe Sumy (mcluaes 3 dnlerem sicesl
1 Addhonal Wireks LAN Sites
1 Mohk Cllem Software InstallatDn
TGCGO1-0100
TGCGO1
TSEGOI
TCPRG01 TRE-GO1
TCG-MO1-WLAN GCG-MO1CDMA TAE-MO1-001
TCPR-MO1-001
TRE-MO1-001
TRGPMSMH
SSS-SUR-001
SSS-SUR-OOA INS-TRE-MW
17.200
51.080
51.080
s1.080 51.080
$150 $150
$7.710 fs,m
$600
$180
$7.200
$1,080
$1.080
11.080 S1.W
17.800 17.800
$2.600
$2 600
s1o.m
$7,710
s8.m
Hostsewercapab!4beswdhwpportforupto 1Wdrnts Alsolnd* suppl for an indal mnnscbvliy wde mmpOmm Cknts am purciwsed
separately Indudes a Way software wananly Sewer sde m8t for addhonal network adapter Clents an purchased separately Includes a Way software warranty Sewer sde of the Total Seane Encrypton Cknts am purchased
separately Includes a Way software warranty
Clem are purchased separately Includes a Way sohare warranty
Cllents are purchased separately Includes a Way software warranty
Indudes a Way software warranty Includes a 90day sofhvare warranty
Includes a way software warranty Includes a May software warranty Mobk dent is a pr wr pnm Indudes a Way software warranty
Padm own uses Stabc IP Indudes pmpd manqement ad support dunq system deployment Oms8 evalualwn of wireless LAN mverqe meds and equipment requvemnts EvaluaUan includes nslts ol up m 3 sde lOUtDm Trawl
and INW expaws are no1 IwIuded Per sde chaw lor evalualwn of addhod bcaImm
Installaton. mln@uraton and tertnp of software MI each moble dam
Amendment 1 -May 5,2004 Tfburon, Inc. Exhibit C: Page
City of Carlsbad, CA
Computer Aided Dispatch and Mobile Data System
Equipment Pricing Modified per Amendment NO. I
Exhibit C
UnU Extmdui ENndd
Dwscription Yodd PIk. Prim Wanam COIllnldS SL
($180 per mobrk) Travel and living expenses are MI included 1 Padmm Connactlvny Sulte Host Software InstallatmN%onflpuratIorI INS-TREG01 s12w f1.2W Installabon. mnflpurabn and tedng ofthe Padmm ConneCbvlty Sute on
the uL51omeh server Cost ~5 per day have1 and living expenses are rwt induded InStallatDn duraiwn vanes based on the mmpbxlty oftha syslrm
ofthe un#s only Any building penwtramn, pmunding. cabling will be the Cvs respn expenses are rwt mWed cost will be detemned afler s*8 sumy
1 Padmm Connedlvity Sui$ Traming TRA-TREMH $980 tsw Ttanw sessm 10 address the &nhWamn and brsn opratwn of
the Padmm Connecbvny Sue host and dam software Tralning IS
povded at Padmm Headquarters In Bethkhem. PA Travel and i"p
expenses forme Cvs staff are not included
1 Host Wirekss IAN Access PoiWAntenna lnstalatwn INSSSSWI TED TED hetauatan of amss pot& and antemas. addressing the deproyment
MAIN-TRE-001 $10,280 $10.280 Annual maintenance availabk on Server and Cbnt sohare Fees am - 1 Padmm ConneuiW Sulte Maintenance based on the total sohare limnse fees pad and k Mt included in the bass pnce Padmm mnnemvlty sulte bass software pa Includes a Way software warranIy
General Notes A orayear warranty (from date ofdelivery) is pmvded on hardware poducs manuladured by Padmm OEM hardware and equipment warraq vares depending on verdor Shlppq msk am mt
included All Padmm have1 and lk!q experm6 will be inwiced separately
Afana and Conneah4y Gateway server can be pmwJed by Crty in acmrdarce WiM Padmm spsuRcatDns Depndlng on the number ol uses, a separate Afana server may be remmmended SQL is mqumd fw
Afana deployment Addltlonal mnnedlvdy serves My be mqured based on the wmber ol users Redundant server kchnotqy is remmmendsd Lmnses over 1000 uses will require TbumtVPadmm review Preferred manufadurer lot CDPD dence IS Sarra Wirekss Prefemd manuladurer
lor 802 1 Ib Wirekss IAN device IS Clsm System
$69.250
TrlmMI FPS RiuWr Not included In pmposea prm Note Trimbk instali IS induded #&ne at same tlm as mbks
52 GPSRecerar $1,020 553,040 $4,940 52 Antenna lnduded Included
Not included in pmposed price Trlmbb
2 GPSRemrar 11.020 $2,040 $180 2 Antenna Included lnduded
7lburon. Inc. Exhibit C: Page Amendment 1 -May 5,2004
TABLE OF CONTENTS
Termination of Agreement
Confidential Information
Faithful PerformanceNVarranty Bord
Insurance
Indemnification
Limits on Liability
Claims Against City
Compliance with Laws and Ordinarces
Covenant Against Contingent Fees
Conflicts of Interest
Notices and Invoices
Miscellaneous
I NTRODUCTI ON ................................................................................................................... 2
RECITALS ............................................................................................................................. 2
AGREEMENT ........................................................................................................................ 2
..................................................................................... 22 ........................................................................................ 25 .................................................................... 26 .............................................................................................................. 26 ...................................................................................................... 28
................................................................................................... 29
............................................................................................... 29 ................................................................ 29
....................................................................... 30 ................................................................................................ 30 ............................................................................................. 30
........................................................................................................ 31
1 . 0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
11.0
12.0
13.0
14.0
15.0
16.0
17.0
18.0
19.0
20.0
21 . 0
22.0
23.0
24.0
25.0
26.0
27.0
28.0
29.0
Paae I of 33 Final 08/25/03
PROFESSIONAL SERVICES AND
SOFTWARE LICENSE AGREEMENT
I NTRO D U CTlO N
This Professional Services and Software License Agreement is made and entered
into as of the /,a day of e . ,2003, (“Effective Date”) by and between the City of
Carlsbad, a municipal corpor tion, with its principal place of business at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008 (“the City”) and Tiburon, Inc., a Virginia
corporation, with its principal place of business at 39350 Civic Center Drive, Suite 100,
Fremont, California, 94538 (“Tiburon”).
RECITALS
WHEREAS, the City desires to procure a fully integrated Public Safety Information
System, including the major subsystems of a Computer Aided Dispatch System (CAD), a
Police Mobile Data System (MDS), a Message Switch (MS), a Mobile Mapping System
(MMS), an Automatic Field Location System (AVL), and the components and interfaces for
these subsystems; and
WHEREAS, Tiburon is qualified to and desires to provide the System and perform
any ancillary professional services necessary to install and implement the System;
NOW THEREFORE, in consideration of the mutual promises contained in this
Agreement, the parties agree as follows:
AGREEMENT
I .O Definitions
The following definitions apply to the terms used within this Agreement:
1 .I Agreement. The term “Agreement” refers to this Professional Services and
Software License Agreement and its exhibits, the City’s Request for Proposal (including the
City’s Response to Vendor Questions dated March 29, ZOOO), and Tiburon’s Proposal
(including Tiburon’s subsequent letters of clarification). In the event of any inconsistency
between or among these documents, the inconsistency is to be resolved in the following
descending order of precedence: (1 ) this Professional Services and Software License
Agreement; (2) the Statement of Work, attached as Exhibit A to this Professional Services
and Software License Agreement; (3) the remaining exhibits to this Professional Services
and Software License Agreement; (4) Tiburon’s letters of clarification; (5) Tiburon’s Proposal
dated April 14, 2000; and (6) the City’s Request for Proposal (including the City’s Response
to Vendor Questions dated March 29, 2000).
1.2 As-Built Documentation. The term “As-Built Documentation” means the
Baseline Documentation plus the Documentation for the Tailoring Modifications and
Customization Modifications identified in the Change List. All “As-Built Documentation”
Paae 2 of 33 Final 08/25/03
from Tiburon shall supplement, not conflict with the terms of this Agreement. In the event of
a conflict, the terms of this Agreement shall prevail.
1.3 Baseline Documentation. The term “Baseline Documentation” refers to the
Documentation for the current release of the System prior to any Tailoring Modifications or
Customization Modifications. All Baseline Documentation from Tiburon shall supplement,
not conflict with the terms of this Agreement. In the event of a conflict, the terms of this
Agreement shall prevail.
1.4 Chanae List. The term “Change List” refers to the document created as a
result of the Business Practice Review that details all of the Tailoring Modifications andlor
Customization Modifications to be made to the System under this Agreement. The “Change
List” from Tiburon shall supplement, not conflict with the terms of this Agreement. In the
event of a conflict, the terms of this Agreement shall prevail.
1.5 Contract Documents. The term “Contract Documents” collectively refers to
this Agreement, the Maintenance and Support Agreement, and the Source Code Escrow
Agreement.
1.6 Customization Modification. The term “Customization Modification” refers to a
modification to the System’s Source Code or data base structure, which provides new or
improved functions or features to address specific City needs and has not been made
generally available to Tiburon’s customers.
1.7 Defect. With respect to the System, the term “Defect” means any error,
failure, deficiency, or any other unacceptable variance of the System or component to fully
conform to the warranties described in this Agreement, including any failure to fully conform
to the Functional, Performance and Reliability Specifications and Requirements of this
Agreement. With respect to the Hardware, the term “Defect” means any error, failure,
deficiency or any other unacceptable variance from the manufacturer’s documentation or
warranty provided with the Hardware or as a component of this Agreement. With respect to
the Software, the term “Defect” means any error, failure, or deficiency or any other
unacceptable variance from any required, specified, or expected program behaviors as may
be required by the City or necessary for the Software to operate correctly and in full
compliance with the terms of this Agreement and the As-Built Documentation for the System
installed.
1.8 Derivative Works. The term “Derivative Works” means, with respect to any
Tiburon Application Software, any translation, abridgement, revision, modification, recasting,
transformation, or adaptation of the Software source code after final acceptance of the “As-
Built Documentation” for the Software.
1.9 Documentation. The term “Documentation” means all written, electronic, or
recorded works that describe the uses, features, functional capabilities, performance
standards, and reliability standards of the System, or any subsystem, component, or
interface, and that are published or provided to the City by Tiburon or its subcontractors,
including, without limitation, all end user manuals, training manuals, guides, program
Paae 3 of 33 Final 08/25/03
listings, data models, flow charts, logic diagrams, and other materials related to or for use
with the System.
1 .IO Final System Acceptance. The term “Final System Acceptance” means the
date on which: (I) all Products provided by Tiburon under the terms of this Agreement have
been fully installed and successfully tested by the City; (2) all Services provided by Tiburon
under the terms of this Agreement have been successfully completed by Tiburon and
accepted by the City, and (3) after approval by the City Council, the City has executed a
Final Acceptance Document indicating all terms and conditions of this Agreement have
been successfully completed by Tiburon.
1.1 1 Functional, Performance and Reliability Specifications and Requirements
The term “Functional, Performance and Reliability Specifications and Requirements” means
all definitions, descriptions, requirements, criteria, warranties, and performance standards
relating to the System set forth in: (a) this Agreement; (b) the other Contract Documents; (c)
the As-Built Documentation; and (d) any functional andlor technical specifications which are
published or provided by Tiburon or its licensors or suppliers from time to time with respect
to the System or any Products. Any conflict between the specifications and requirements
referenced in subparts (a) through (d) of this definition will be resolved in the order of priority
in which they are listed.
1.12 Hardware. The term “Hardware” means all hardware, equipment and other
tangible non-Software items supplied to the City by Tiburon under this Agreement.
I .I3 Products. The term “Products” means all Software and all Hardware listed in
Exhibit B.
1 .I4 Project. The term “Project” refers to Tiburon’s obligation under this Agreement
to develop, supply, install, configure, test and implement the System.
1 .I 5 Services. The term ‘Services” means the implementation, development,
training, configuration, loading, testing, project management and other services to be
provided by Tiburon under this Agreement, including, without limitation, the tasks detailed in
the Statement of Work contained in Exhibit A.
1 .I6 Software. The term “Software” means: (a) all Tiburon Application Software;
(b) all Third-party Software to be supplied by Tiburon under this Agreement; and (c) all
Tailoring Modifications, Customization Modifications and Updates to any Tiburon Application
Software as may be approved by the City.
1 .I 7 Source Code. The term “Source Code” means the human readable form of
the Software and all algorithms, flow charts, logic diagrams, structure descriptions or
diagrams, data format or layout descriptions, pseudo-code, code listings (including
comments), and other technical documentation relating to the program sufficient to enable a
trained programmer to maintain and/or modify the Software without undue experimentation.
1 .I 8 System. The term “System” means the collective whole of all Products and
Services to be purchased, developed, licensed, supplied, installed, configured, tested and
Paae 4 of 33 Final 08/25/03
implemented by Tiburon under this Agreement and includes, without limitation, the major
CAD, MDS, MS, MMS, and AVL subsystems and related components and interfaces.
1 .I 9 Svstem Administrator Documentation. The portion of the Documentation
addressing the operation and maintenance functions of the System.
1.20 Tailoring Modification. The term “Tailoring Modification” refers to any
modification to the System other than a Customization Modification.
1.21 Third-Partv Software. The term “Third-party Software” means the software to
be supplied under this Agreement that is purchased or licensed directly from any source
external to Tiburon for use with or integration into the System.
1.22 Tiburon Application Software. The term “Tiburon Application Software” means
any software owned or sublicensed (Le., Maverick 91 I) by Tiburon and installed as a part
of the Project, whether in machine readable or printed form, including any Tailoring
Modifications, Customization Modifications, Updates and Documentation.
1.23 Warrantv Period. The term ‘Warranty Period” means the one-year period
following the date of Final System Acceptance by the City.
1.24 Work Product. The term ‘Work Product” means the Products and Services
and all other programs, algorithms, reports, information, designs, plans and other items
developed by Tiburon under this Agreement, including all partial, intermediate or preliminary
versions.
1.25 Updates. The term “Updates” means modifications, improvements, additions,
and corrections to the Products and/or related Documentation, including fixes, patches, new
releases and new versions, that Tiburon makes generally available to its customers with or
without an additional fee.
2.0 General Description of Services
2.1 SUPPIY. Installation, and Implementation. Tiburon will provide all design,
development, installation, consulting, system integration, project management, training,
technical and other services necessary for the successful delivery and implementation of the
System so that it is in productive use at the City and Final System Acceptance by the City
has occurred in accordance with the Project Schedule. Without limiting any of the above,
Tiburon will perform the tasks and meet the requirements set forth in the Statement of Work
contained in Exhibit A.
2.2 Transition. Tiburon will work with the City to ensure a smooth and efficient
transition from the City’s current systems to the System and to minimize disruption to
current operations, even if it necessitates working late evening, early morning, or weekend
hours. Any required disruptions will be scheduled in advance and approved by the City.
2.3 Project Schedule. It is anticipated that Tiburon will complete this Project in
accordance with the Project Schedule, which is contained in Exhibit C. Tiburon has
Paae 5 of 33 Final 08/25/03
allocated reasonable time for the City, based on the City’s input, to perform the tasks
assigned to the City during this Project. Tiburon has taken into account the available
resources of the City and possible contingency issues, such as employee turnover and
absences, in the development and proposal of this schedule. In the event the City
determines that the amount of time allocated by Tiburon for City responsibilities is not
sufficient and additional time is required for the City to complete City-related responsibilities
under this Agreement, the Project Schedule will be adjusted accordingly and at no
additional cost to the City.
3.0 License
3.1 Grant of License. Tiburon grants to the City a perpetual, irrevocable,
nonexclusive, nontransferable license (either site or per user as specified in Exhibit B,
Pricing and Deliverables) to use all Tiburon Application Software provided under this
Agreement to: (a) operate the System; (b) conduct internal training and testing, and (c)
perform disaster recovery, backup, archive and restoration testing, and implementation.
This license will also apply to all future Updates or Enhancements that are prepared by
Tiburon and released to the City under the terms of the Maintenance and Support
Agreement .
The license for each Tiburon Application Software product or module will become
effective on the date the product or module is used by the City in a live environment. The
City may use the Tiburon Application Software on any equipment at any City facility and
may make as many copies of the software as it desires to support its authorized use of the
software, provided the copies include Tiburon’s or the third-party owner’s copyright or other
proprietary notices.
Third Party Software shall be licensed by the manufacturer of that third party
software. All Third Party Software licenses shall be provided to the City and become
effective at the time the product is used by the City in a live environment.
Tiburon’s granting of and the City’s use of the Tiburon Application Software and Third
Party Software does not constitute a waiver of the City’s right to reject the System, in whole
or in part, if the requirements for Final System Acceptance are not met.
3.2. License for Redacement Products or Modules. In the event Tiburon releases
any new Tiburon Application Software product or module that the City desires to install as a
replacement for a product or module purchased under this Agreement (and that the City
would not already be entitled to receive under the Warranty provisions of this Agreement or
under the Maintenance and Support Agreement), the City will not be required to pay an
additional license fee to license the replacement product or module. In addition, the license
for the replacement product or module will be subject to the same terms and conditions as
the license for the original product or module.
Notwithstanding the above, in the event Tiburon releases a Third-party Application
Software mapping product or module that the City desires to install as a replacement for the
Maverick 91 1 mapping software or the Tiburon mobile mapping software (and that the City
would not already be entitled to received under the Warranty provisions of this Agreement or
Paae 6 of 33 Final 08/25/03
under the Maintenance and Support Agreement), the City will not be required to pay any
additional license or professional services fees to replace the Maverick 91 1 software or the
Tiburon mobile mapping software if replacement occurs within two years after Final System
Acceptance. If replacement occurs during the third year to fifth year after Final System
Acceptance, the City will receive the following credit for the mapping software license fees
paid under this Agreement:
Year 3 - 100% credit
Year 4 - 75% credit
Year 5 - 50% credit
3.3 Limitations on License. Except as licensed to the City, Tiburon retains all of its
current rights, title, and interest in the Software, including Derivative Works, Customization
Modifications, Tailoring Modifications, and Updates. Unless authorized by Tiburon or
required by law, the City will not: (1) make available or distribute all or part of the Software
to any third party by assignment, sublicense or any other means; or (2) disassemble,
decompile, or reverse engineer the Software, or allow any third party to do so.
3.4 Source Code Escrow Account. At the same time Tiburon delivers the
Software to the City, Tiburon must deliver a fully commented and documented copy of the
Source Code to the source code escrow agent identified in the Source Code Escrow
Agreement contained in Exhibit D of this Agreement. In addition, if, during the term of this
Agreement, the Warranty Period, or the Maintenance and Support Agreement, Tiburon
provides the City with any Tailoring Modifications, Customization Modifications, or Updates
to the Software, Tiburon must, within thirty (30) days, provide the escrow agent with the
Source Code for the Tailoring Modifications, Customization Modifications, or Updates, as
applicable. The City may access and use the Source Code under the terms and conditions
stated in the Source Code Escrow Agreement.
4.0 Business Practice Review
4.1 Commencement of Review. After execution of this Agreement and within
thirty (30) days of issuance of written notice to proceed by the City, Tiburon will complete
the Project Initiation meeting and the parties will commence a Business Practice Review to
determine whether and what Tailoring Modifications and Customization Modifications are
necessary to ensure the System meets the Functional, Performance and Reliability
Specifications and Requirements and any other requirements as defined by this Agreement.
The scope of the Business Practice Review, which is more fully detailed in the Statement of
Work contained in Exhibit A, will consist of a product demonstration, a workflow review, and
the preparation of a Change List, which will include a fixed price for any additional
Customization Modifications that may be identified during the Business Practice Review.
Customization Modifications for which Tiburon may quote a price change may only be
related to requested changes that require Source Code or data base structure modifications
in the base Tiburon Application Software products (CAD and MDS). Any identified Tailoring
Modifications will be provided to the City at no additional charge.
4.2 Interfaces.
Paae 7 of 33 Final 08/25/03
4.2.1 lnterface Control Document. Exhibit E, “Interface Control Document,”
contains a list of the interfaces required by this Project. During the Business Practice
Review, the lnterface Control Document will be reviewed and updated as the result of
further discussions and product demonstrations by Tiburon and as the City deems
necessary to further define the functional requirements for each interface. Upon completion
of the Business Practice Review, Tiburon will update the Interface Control Document to
reflect all City requirements identified to Tiburon. Changes requested by the City during the
Business Practice Review shall be incorporated into the final System design and
implementation at no additional cost.
4.2.2 lnterface Pricing. The prices quoted in Exhibit B, “Pricing and System
Deliverables,” for all interfaces are fixed price quotes. All interfaces must be designed and
completed for the fixed price quoted regardless of any Source Code modifications or
enhancements that may be required in order to successfully implement each interface.
4.3 Completion of Review. The Business Practice Review may not exceed sixty
(60) days without the prior written approval of the City Manager or a designee. During the
Business Practice Review, Tiburon shall assign only competent, qualified employee/experts
to perform this task.
4.4 Citv Review of Change List. Within thirty (30) days after receiving the Change
List, the City will either: (a) determine no Tailoring Modifications and/or Customization
Modifications are required; (b) preliminarily approve the Change List in whole or part and
direct Tiburon to process an amendment in accordance with Section 11 .O, “Changes in
Work,” incorporating the preliminarily approved portion of the Change List into this
Agreement; (c) reject the Change List and allow Tiburon a fixed period of time not to exceed
twenty (20) days to make any requested revisions to it; or (d) reject the Change List and
terminate this Agreement per Section 18.1 with no further obligation to Tiburon.
5.0 Compensation
5.1 Fees. The City will pay the following fees for the Business Practice Review
and for the Products and Services provided under the terms of this Agreement, subject to
the annual appropriation of funds by the City Council. No other compensation will be
allowed, except those items covered by supplemental agreements under Section 11 .O,
“Changes in Work.”
5.1 .I Business Practice Review. The total fee for the Business Practice
Review will not exceed $ 112,060.00, as detailed in the Exhibit B, Pricing and System
Delivera bles.
5.1.2 Products. The total fee for the Products to be provided under this
Agreement, inclusive of applicable sales tax, will not exceed $ 1,036,115.00, as detailed in
Exhibit B, Pricing and System Deliverables.
5.1.3 Services. The total fee for the Services to be provided under this
Agreement will not exceed $ 98,173.00, as detailed in Exhibit B, Pricing and System
Delivera bles.
Paae 8 of 33 Final 08/25/03
5.2 Manner of Pavment. Upon completion of each milestone identified in the
Project Milestone and Payment Schedule, Exhibit F, Tiburon will notify the City and request
payment for the Products and Services related to the milestone in accordance with the
Schedule. Upon receipt of Tiburon’s notification and request for payment, the City will
review the tasks, Products, and Services associated with the milestone. If it appears to the
City from the then available information that the tasks, Products, and Services comply with
the terms and conditions of this Agreement, the City will provide written authorization for
Tiburon to invoice the City for the Products and Services related to the milestone.
Authorization to invoice does not constitute a waiver of the City’s right to reject the System,
in whole or in part, if the requirements for Final System Acceptance are not met.
The City will pay all undisputed invoices within thirty (30) days of receipt. Payment
will be made by an electronic funds transfer to Tiburon’s account specified in writing, or by a
check made payable to “Tiburon, Inc.” and delivered to 39350 Civic Center Drive, Suite 100,
Fremont, California 94538, or by any other means mutually acceptable to the parties.
5.3 Retainage. The City will withhold payment of twenty-five percent (25%) of
each invoice amount (“Retainage”). Within forty-five (45) days after Final System
Acceptance, the City will pay ‘the accumulated Retainage amount.
5.4 Audit. During the term for this Agreement and for a period of one (1) year after
termination or expiration of this Agreement for any reason, the City has the right to audit,
either itself or through a third party, the books and records (including but not limited to the
technical records) of Tiburon to ensure Tiburon’s compliance with the terms and conditions
of this Agreement. The scope of the audit will be reasonably tailored to the circumstances
requiring the audit, will be conducted during Tiburon’s normal business hours, and will not
unreasonably disrupt or interfere with Tiburon’s normal business operations.
5.5 Cancellation of Subsvstems, Components, and Interfaces. The City may
cancel the purchase of any subsystem, component, or interface for any reason prior to its
installation by providing written notice to Tiburon. In the event of cancellation, the fees
specified in Section 5.1 above and in the Project Milestone and Payment Schedule will be
adjusted to give the City full credit for the full price of the subsystem, component, or
interface, including any related Products and Services.
5.6 Optional Police Records Management Svstem. For the eighteen (1 8) month
period of this agreement, the City has the option to purchase from Tiburon the following
Police Records Management System (RMS) components for the following license fees:
- a. Police RMS/Tl Nucleus
- b. Police RMS/Ti Case Management - c. Police RMS/Ti Crime Analysis - d. Police RMS/Ti Crime Watch - e. Police RMS/Ti False Alarm System f. Police RMS/Ti Inventory E Police RMS/Ti Licenses and Permits
- h. Police RMS/Ti NIBRS (cannot be run concurrently with UCR)
$35,625
$ 2,100
$ 3,600
$ 900
$ 1,650
$2,100
$ 1,050
$ 6,900
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i. Police RMS/Ti Officer Activity L Police RMS/Ti Personnel and Training - k. Police RMS/Ti Special Intelligence
- I. Police RMS/Ti Traffic Management - m. Police RMS/Ti UCR - n. Police RMS/Ti Warrants
$ 1,050
$3,150
$1,200
$ 1,650
$3,450
$2,400
These license fees include a 25% discount, but do not include fees for project management
and related implementation services. For a one-year period after the eighteen (1 8) month
option period has expired, Tiburon will extend to the City the same pricing for these products
and project management and related implementation services that it would extend to any
other Tiburon client of comparable size and configuration purchasing those products.
5.7 Other Optional Products and Services. During implementation of CAD, MDS,
MS, MMS or AVL, the City has the option to purchase from Tiburon the additional Products
and Services related to those Major Subsystems referenced in the Statement of Work,
Exhibit A. The pricing for those additional Products and Services shall be as shown in
Exhibit B, Pricing and Deliverables.
6.0 Term of Agreement
The term of this Agreement is eighteen (18) months from the Effective Date listed in
the introductory paragraph, subject to the annual appropriation of funds by the City Council.
If the City’s needs require it and the City Manager finds that Tiburon has been satisfactorily
performing its obligations under this Agreement, the City Manager may extend the term of
this Agreement for up to six (6) additional months. If the City exercises the option to
purchase the RMS subsystem, the City Manager may extend this Agreement for up to
eighteen (18) months following the date the option is exercised. An extension is subject to
the annual appropriation of funds by the City Council and must be contained in a writing
signed by the parties indicating both the effective date and the length.
7.0 Personnel
7.1 Tiburon’s Proiect Manaqer. [To be assigned - Western Region Project
Manager- will be Tiburon’s Project Manager and Diva Cebellos -Western Region
Operations Manager will be Tiburon’s back-up Project Manager for the Project. In addition
to the specific duties identified in the Statement of Work contained in Exhibit A, the general
duties of Tiburon’s Project Manager include, but are not limited to: (a) functioning as a
coordinator between Tiburon’s staff and the City’s staff; (b) coordinating the deployment of
Tiburon’s resources; (c) working with the City’s Project Manager to plan all Project activities
and tasks; (d) meeting on-site with the City’s Project Manager as frequently as deemed
necessary by the City, at no additional cost to the City, to report on the Project’s status and
resolve outstanding issues; (e) preparing monthly status reports and submitting each status
report no later than five (5) business days prior to the next scheduled monthly meeting; (f)
ensuring Tiburon’s tasks identified in the Statement of Work are performed in accordance
Paae 10 of 33 Final 08/25/03
with the Project Schedule; (9) acting as Tiburon’s point of contact for all matters relating to
the Project and this Agreement; (h) facilitating meetings between the City and Tiburon’s
executives, when scheduled or requested; (i) ensuring the City’s Project Manager or
designee receive necessary information through regular and called meetings, written
documentation, and formal and informal communications; (j) ensuring only competent,
qualified experts from Tiburon and Tiburon’s subcontractors are utilized on this Project; (k)
responding in writing to any written request from the City within five (5) business days from
the date of request; and (I) promptly responding when contacted by the City’s Project
Manager.
In each monthly status report, Tiburon’s Project Manager shall identify and document
any milestones missed, late deliverables, and any impediments that Tiburon may detect that
will/may interfere with the successful completion of this Project or the completion of this
Project in the amount of time allocated by this Agreement.
7.2 Citv’s Proiect Manaqer. The Police Department’s Senior Systems
Administrator will be the City’s Project Manager for the Project. In addition to the specific
duties identified in the Statement of Work contained in Exhibit A, the general duties of the
City’s Project Manager are: (a) coordinating the assignment of City resources necessary to
fulfill the City’s obligations under this Agreement; (b) acting as the City’s point of contact for
all matters relating to the Project and this Agreement; and (c) responding in writing to any
written request from Tiburon within five (5) business days from the date of the request.
7.3 Tiburon’s Kev Personnel. If, at any time during the term of this Agreement,
Tiburon is required to change the Project Manager for any reason, Tiburon will replace the
previous Project Manager with a new Project Manager, acceptable to the City, within twenty
(20) business days. In addition, Tiburon’s Vice Presidenwestern Division Manager (or a
person of equivalent or greater position within Tiburon) and the new Project Manager will
meet on-site with the City, at no additional charge to the City, within five (5) business days
of the change to develop a plan for acclimating the new Project Manager and ensuring the
Project continues on schedule. Until the new Project Manager has been identified and is
fully acclimated to the Project, Tiburon’s Regional Operations Manager will assume the
Project Manager’s responsibilities under this Agreement. A change in Project Manager will
not be grounds for change in the terms of this Agreement or the deadlines contained in the
Project Schedule (Exhibit C).
7.4 Subcontracting. Tiburon may not subcontract any of its obligations under this
Agreement without the prior written consent of the City. If Tiburon is permitted to
subcontract any of its obligations under this Agreement, the City must be named as the third
party beneficiary of the subcontract. In addition, Tiburon will be the prime contractor and will
remain fully responsible for the performance of all obligations under this Agreement.
Tiburon will also be fully responsible to the City for the acts and omissions of any
subcontractor and any persons directly or indirectly employed by the subcontractor to the
same extent Tiburon would be responsible for the acts or omissions of its own agents or
employees. Nothing in this Agreement creates any contractual obligations by the City to
any su bcont ractor(s).
Paae 11 of 33 Final 08/25/03
Subject to the requirements of this Section, the City consents to Tiburon’s use of Day
Wireless Systems, 7323 Engineer Road, Suite B, San Diego, CA 921 11, to perform the
installation services in the mobile units and the installation of the rooftop antennae.
7.5 Independent Contractor Status. The parties agree that, in the performance of
this Agreement, Tiburon is acting as an independent contractor. Personnel supplied by
Tiburon to perform Tiburon’s obligations under this Agreement are not the City’s personnel
or agents and Tiburon assumes full responsibility for their actions. Tiburon is solely
responsible for paying the compensation of any personnel supplied by Tiburon to perform
Tiburon’s obligations under this Agreement. The City is not responsible for providing
workers’ compensation, disability benefits, unemployment insurance or any fringe benefits
to these individuals, or for withholding incomes taxes or social security for these individuals.
Tiburon agrees to indemnify, defend, and hold the City harmless for any tax,
retirement contribution, social security withholding, overtime payment, unemployment
payment, or workers’ compensation payment that the City may be required to make on
behalf of Tiburon or any employee or subcontractor of Tiburon for work done under this
Agreement. At the City’s election, the indemnification amount may be deducted from any
balance owing by the City to Tiburon.
7.6 Compliance with Work Rules. Tiburon will ensure that, while they are on City
premises, Tiburon’s personnel and subcontractors will comply with the City’s working rules
and policies, including the City’s security procedures.
7.7 Backqround Checks and Removal of Personnel. Prior to being allowed to
perform any work on this Project, all non-City personnel assigned to the Project must submit
to and pass a background check by the Police Department. In addition, if, at any time, the
City determines an individual is not able to effectively perform the services required by this
Agreement, the City will notify and discuss the matter with Tiburon in an attempt to reach a
mutual resolution. However, at the City’s request, Tiburon will immediately remove the
individual from the Project.
8.0 Site Preparation and Access
8.1 Site Preparation Plan. The purpose of the Site Preparation Plan is to identify
any and all costs the City may incur as a prerequisite to the installation of the System
purchased under this Agreement. While developing the Site Preparation Plan, Tiburon
warrants that it has surveyed and carefully examined the City’s pre-existing computer
equipment, potential installation sites, representative police vehicles, buildings, and all
interface requirements to third-party equipment and/or entities. Tiburon warrants that it has
identified any and all costs, deficiencies, problems and/or other replacement requirements
that may be reasonably required for the proper installation, operation, and maintenance of
the System. These requirements are detailed in the Site Preparation Plan contained in
Exhibit G.
8.2. Access to Premises. The City will provide Tiburon with reasonable and timely
access to the sites and personnel necessary for Tiburon to perform its obligations under this
Agreement. The assistance or presence of the City’s personnel will not relieve Tiburon of its
Paae 12 of 33 Final 08/25/03
responsibilities under this Agreement, including the responsibility to commit sufficient
Tiburon personnel to successfully perform its tasks under this Agreement.
9.0 Modifications to Preexisting Equipment and Facilities and Acquisition of
Products
9.1 Modifications to Pre-existing Equipment and Facilities. The City will be
responsible for making the modifications identified in the Site Preparation Plan and the
Project Schedule will include, based on input from the City, reasonable time for the City to
do so. Once the City makes all of the identified modifications, Tiburon will be precluded from
asserting that it is unable to perform its obligations under this Agreement because of any
pre-existing condition. During implementation, any changes to the System or any costs that
may be incurred in order to complete the requirements of this Agreement but were not
identified in the Site Preparation Plan will be the sole and exclusive responsibility of Tiburon.
In addition, if the System is unable to meet the Functional, Performance and
Reliability Specifications and Requirements, including System response times, after the
identified upgrades and changes have been made, then Tiburon will be responsible, at its
own expense, for making any further upgrades or changes necessary to achieve this result.
9.2. Acquisition of Products. Exhibit B contains the list of Hardware, Third-party
Software, and equipment to be purchased under the terms of this Agreement for the proper
installation, operation and maintenance of the System without any Customization
Modifications. Products to be purchased under this Agreement will not be ordered by
Tiburon until the City issues a written notice to proceed with the acquisition. Products will
be ordered only for the major subsystem currently scheduled for installation. If any
Hardware, Software or equipment (1) is missing from the acquisition list and is required for
the System to meet the Functional, Performance and Reliability Specifications and
Requirements; or (2) is incompatible or otherwise unsuited for use by the City for the City’s
intended applications, then the Hardware, Software, or equipment will be added or replaced,
as applicable, by Tiburon at no additional charge to the City.
10.0 Training Plan and Training Materials
10.1 Training Plan. As specified in Exhibit “A,” Statement of Work, a customized
Training Plan for user and administrator training will be developed by Tiburon for the City.
The City may add to or deduct from the total amount of training time to be provided under
the Plan by giving Tiburon written notice no later than sixty (60) days prior to the affected
training date. The City will receive a one hundred percent (I 00%) fee credit for training not
provided or otherwise cancelled by the City. Only the best qualified Tiburon employees or
approved subcontractors will perform the training for this Project. If, within fifteen (15) days
of a training session, the City determines the training session has not been effective, and
Tiburon cannot demonstrate the ineffectiveness was due to factors within the City’s sole
control, then Tiburon will provide additional training at no cost to the City, not to exceed a
total of 100% of the training time budgeted per class type. All training shall be scheduled at
the sole and exclusive direction of the City. Tiburon will not schedule training of any single
session concurrently or immediately following any other session without the express written
permission of the City.
Paae 13 of 33 Final 08/25/03
10.2 Traininq Materials. Tiburon will provide one (I) complete set of printed training
materials for the user and administrator training, including lesson plans for the courses, in
the form of reproducible black and white masters as well as in electronic format using
Microsoft Word 97 or a higher version. City will have the right to duplicate the training
materials for the sole and exclusive use of the City.
11 .O Changes in Work
If, in the course of the Agreement, changes to the Project are proposed by Tiburon or
the City, and informal consultation with the other party indicates that a change in the terms
and conditions of the Agreement may be warranted, Tiburon or the City may request a
change in the Agreement. The changes must be processed in the following manner:
Tiburon will forward a letter outlining the proposed changes, including any changes in the
fees, the Statement of Work, the Project Schedule, or related document, to the City. City
staff will prepare an Amendment to the Agreement and submit it for approval according to
the procedures described in Carlsbad Municipal Code section 3.28.080. Any Amendment to
this Agreement will not render ineffective or invalidate any unaffected portions of this
Agreement.
The Police Chief may approve scheduling and similar administrative changes,
provided these changes do not affect the compensation, term, or substantive provisions of
the Agreement. The City Manager may approve changes to the term of the Agreement as
provided in Section 6.0, “Term of Agreement,” above. The City Manager may approve
changes in compensation up to One Hundred Thousand Dollars ($100,000) and may
exercise the option to purchase the RMS subsystem and the other optional products and
services identified in Exhibit B, Pricing and Deliverables, if the purchase is included in the
City’s Operating Budget. All other changes to this Agreement must be approved by the City
Council.
12.0 Completion Dates and Deadline for Productive Use
12.1 Time is of the Essence. The parties acknowledge and agree that time is of the
essence in completing the Project. The term of this Agreement may not be extended
except as provided in Section 11, “Changes in Work,” above.
12.2 Deadline for Productive Use. The System must be in full productive use and
Final System Acceptance must occur in accordance with the Project Schedule.
12.3 Force Maieure. Neither party will be liable for any failure or delay in the
performance of its obligations under this Agreement (and the failure or delay will not be
deemed a default of this Agreement or grounds for termination) if both of the following
conditions are satisfied: (1) the failure or delay could not have been prevented by
reasonable precautions, and cannot reasonably be circumvented by the non-performing
party through the use of alternate sources, work-around plans, or other means; and (2) the
failure or delay is caused, directly or indirectly, by fire, flood, earthquake, hurricane,
elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or
revolutions, court order, or other circumstances beyond the non-performing party’s control
(excluding acts or omissions of the non-performing party’s vendors or subcontractors).
Paae 14 of 33 Final 08/25/03
Upon the occurrence of an event which satisfies both of the above conditions (a
"Force Majeure Event"), the non-performing party will be excused from any further
performance of those obligations under this Agreement affected by the Force Majeure Event
for as long as (a) the Force Majeure Event continues; and (b) the non-performing party
continues to use commercially reasonable efforts to recommence performance whenever
and to whatever extent possible without delay.
Upon the occurrence of a Force Majeure Event, the non-performing party will
immediately notify the other party by telephone (to be confirmed by written notice within two
(2) days of the failure or delay) of the occurrence of a Force Majeure Event and will describe
in reasonable detail the nature of the Force Majeure Event. If any Force Majeure Event
prevents Tiburon from performing its obligations for more than thirty (30) days, the City may
terminate this Agreement without further obligation to Tiburon.
Labor shortages, strikes, slow-downs, walkouts, lockouts, industrial disturbances,
and other labor disputes do not constitute "Force Majeure Events" and are not excused
under this provision.
13.0 System Acceptance
13.1 Test Plan. During the Business Practice Review, the parties will prepare a
draft Test Plan customized for the City, which will include testing criteria for each major
subsystem and the System as a whole. The City will finalize the Test Plan for each major
subsystem at least thirty (30) days prior to the functional test for the major subsystem.
Upon completion of the performance test, the City, working with Tiburon, will update the
Test Plan based on the results of the functional, performance, and integration tests. The
Test Plan shall supplement and not conflict with the terms of the Agreement. Tiburon
agrees to comply with all requirements of the Test Plan.
The purpose of the activities outlined in the Test Plan is to clearly and conclusively
demonstrate that the System and each of the major subsystems and their related
components and interfaces meet all of the requirements of this Agreement, including all
Functional, Performance and Reliability Specifications and Requirements, and are free from
any and all System, Hardware or Software Defects.
13.2 Preliminarv Test of Maior Subsvstems, Components, and Interfaces. At the
time indicated in the Project Schedule (Exhibit C), Tiburon will certify in writing that each
major subsystem and its related components and interfaces are ready for end-user testing.
This certification will indicate that Tiburon has performed its own functional, system
integration, and performance testing and that the major subsystem and its related
components and interfaces are free of known System, Hardware and/or Software Defects
and are ready to be tested by the City.
The preliminary test period for each major subsystem and its related components and
interfaces will run for at least thirty (30) days in a live environment. The purpose of the
preliminary test is to identify System, Hardware and/or Software Defects and to test each
major subsystem's functionality and performance to determine whether that subsystem
Paae 15 of 33 Final 08/25/03
meets or exceeds the requirements of this Agreement. Upon mutual agreement, two or
more of the preliminary test periods may run concurrently.
During the preliminary test period, the City will provide Tiburon with written notice of
any System, Hardware and/or Software Defects. Upon receiving the notice, Tiburon will:
(1) act diligently and continuously to correct the identified Defect within the time period
specified in the notice, and (2) immediately upon completing the correction, provide the City
with written certification that the identified Defect has been corrected. While the identified
Defect is being corrected, the City, at its election, may continue to test and use the major
subsystem.
Upon the City’s receipt of the certification of correction, the preliminary testing period
will resume. The testing, correction, and retesting process will continue until all identified
Defects are corrected. However, the City is not obligated to allow Tiburon to commence
curative action with respect to any given Defect more than once. In the event the City
determines the number or extent of the Defects to be significant, the City may initiate
additional tests the City deems necessary in order to fully determine the extent of the
problems and whether the curative action by Tiburon has resulted in a successful repair.
Tiburon will provide the necessary on-site support required by the City during the testing
process at no additional cost to the City.
13.3 Final System Test. Upon successful completion of the preliminary tests
described in Section 13.2 above, and upon completion of all tasks identified in this
Agreement, including all geofile related tasks and user and system administrator training, a
mutually agreed to “go-live” date for the entire System will be determined. On that date, the
City will begin a sixty (60) day Final System Test period. The purpose of the Final System
Test is to verify that all System, Hardware and Software Defects have been successfully
repaired and all requirements of this Agreement have been successfully completed by
Tiburon.
During the Final System Test period, the City will provide Tiburon with written notice
of any Defect identified by the City. Upon receiving the notice, Tiburon will: (1) review the
notice and determine a mutually agreeable timeframe for correction; (2) act diligently and
continuously to correct the identified Defect within the time frame specified; and (3)
immediately upon completing the correction give the City written certification that the Defect
has been corrected. While the Defect is being corrected, the City, at its election, may
continue to use the System in a live, operational environment.
Upon the City’s receipt of the certification of correction, the Final System Test period
will resume. The testing, correction, and retesting process will continue until all identified
Defects are corrected. However, the City is not obligated to allow Tiburon to restart the Final
System Test period more than twice. In the event the City determines the number or extent
of the Defects to be significant, the City may initiate additional tests the City deems
necessary in order to fully determine the extent of the problems. Tiburon will provide the
necessary on-site support required by the City during the testing process at no additional
cost to the City. The Final System Test will not be considered successfully completed
unless, during the last thirty (30) days of the test period, the System runs continuously
Paae 16 of 33 Final 08/25/03
without any Priority One or Priority Two Failures and with an Uptime Standard of ninety-nine
point ninety-five percent (99.95%).
13.4 Effect on Proiect Schedule. The time periods set forth in this Section will not
excuse Tiburon from complying with the completion dates set forth in the Project Schedule.
Unless otherwise specified, the completion dates set forth in the Project Schedule constitute
the dates by which Tiburon must complete the testing required by this Agreement and
achieve Final Acceptance of the System installed.
13.5 Failure to Successfullv Complete Testing. If Tiburon fails to successfully
complete a preliminary test, successfully complete the Final System Test, or achieve Final
System Acceptance on the date identified in the Project Schedule (Exhibit C), the City may
elect to do one or more of the following, in addition to pursuing any other remedies provided
by this Agreement or applicable law:
(a) Require Tiburon to prepare and submit a plan to correct any
deficiencies within a specified period of time, which plan may be accepted or rejected by the
City. If the plan is rejected by the City, the City may proceed with termination of this
Agreement per Section 18.
(b) Terminate the Agreement in accordance with Section 18.
13.6 Final Svstem Acceptance. Once the Final System Acceptance Test has been
successfully completed and the City has determined that all terms and conditions of this
Agreement, including the requirements for Final System Acceptance, have been
successfully completed, the City will execute and provide Tiburon with a Final Acceptance
Document.
14.0 Warranties
14.1 Authority to Enter Contract. Tiburon warrants that: (a) it is a corporation duly
incorporated, validly existing, and in good standing under the laws of the state of Virginia
and is qualified to do business in the state of California; (b) it has the requisite corporate
power and authority to execute, deliver and performs its obligations under this Agreement;
and (c) the execution, delivery, and performance of this Agreement have been duly
authorized by Tiburon.
14.2 Svstem Warranties. Tiburon warrants that the System will meet the functional,
performance, and reliability requirements as defined in this Agreement. The System
Software and each of its subsystems, components and interfaces will be capable of
operating fully and correctly in conjunction with the System Hardware. Tiburon warrants
that for the Warranty Period and for as long as there is a Maintenance and Support
Agreement in effect between the parties, the System will be free from Defects in material
and workmanship and remain in good working order. In the event the System does not
meet these warranties, Tiburon will provide, at no charge, the necessary software,
hardware, or services required to attain the levels or standards contained in these
warranties.
Paae 17 of 33 Final 08/25/03
14.3 Hardware Warranties. Tiburon warrants that, at the time of delivery, the
Hardware will be new and unused. In addition, Tiburon warrants that City will acquire good
and clear title to the Hardware, free and clear of all liens and encumbrances. Tiburon
further warrants that the Hardware will be free from Defects in materials and workmanship
and it will remain in good working order during the Warranty Period . The City’s remedy in
the event of a Defect is adjustment, repair, or replacement of the Hardware at Tiburon’s
expense.
14.4. Software Warranties. Tiburon warrants that it owns or otherwise has the right
to license the Software to the City and that it possesses all rights and interests in the
Software necessary to enter into this Agreement. In addition, Tiburon warrants that:
(a) The Software is free of known viruses, worms and Trojan horses, and
any code designed to disable the Software because of the passage of time, alleged failure
to make payments due, or otherwise (except for documented security measures such as
password expi rat ion functions);
(b) During the Warranty Period and for as long as there is a Maintenance
and Support Agreement between the parties, the Software will be free of Defects;
(c) The Software will:
(1 ) store all date-related information and process all data interfaces
involving dates in a manner that unambiguously identifies the century, for all date values
before, during and after the Year 2000;
(2) calculate, sort, report and otherwise operate correctly and in a
consistent manner for all date information processed by the Software, whether before,
during or after the Year 2000;
(3) calculate, sort, report and otherwise operate correctly, in a
consistent manner and without interruption regardless of whether the date on which the
Software is operated or executed is before, during or after the Year 2000;
(4) report and display all dates with a four-digit date so that the
century is unambiguously identified; and
(5) handle all leap years correctly;
(d) The baseline Software without Tailoring Modifications or Customization
Modifications is and will be general release versions that have been fully tested at Tiburon’s
site in accordance with best industry practices, and are not beta or pre-release versions
(unless agreed to by the City); and
(e) The Tailoring Modifications or Customization Modifications have been
fully tested in accordance with best industry practices.
Paae I8 of 33 Final 08/25/03
Tiburon further agrees that during the Warranty Period and as long as there is a
Maintenance Agreement between the parties, Tiburon will provide the City with any Updates
to the Tiburon Application Software and related Documentation per Tiburon’s Version
Management Program (as described in the Maintenance and Support Agreement attached
as Exhibit H at no additional charge.
14.5 Work Qualitv Warrantv. Tiburon warrants that all work performed by Tiburon
and/or its subcontractors under this Agreement will conform to best industry practices and
will be performed in a professional and workmanlike manner by staff with the necessary
skills, experience and knowledge to do so.
14.6 Response Time and Capacitv Warranties. Tiburon warrants that, for the
Warranty Period , the System will meet the computer response time and capacity
specifications set forth in Exhibit I.
14.7 Regulatory Warrantv. Tiburon warrants that, for the Warranty Period and for
as long as there is a Maintenance and Support Agreement between the parties, the System
will comply with all Federal and State laws, regulations, and standard law enforcement and
fire and rescue services protocols. If the Software requires updating due to a change in a
Federal or State law, or regulation, affecting the City, Tiburon will provide these changes per
a mutually agreed to schedule at no additional charge to the City. Notwithstanding this
provision, in no event shall Tiburon provide said update later than the date required by the
Federal or State law or regulation affecting the City.
14.8 Documentation Warrantv. Tiburon warrants that, for the Warranty Period and
for as long as there is a Maintenance and Support Agreement between the parties, the
Documentation for Tiburon Application Software will be complete and accurate in all
material respects. The Documentation will be revised to reflect all Updates, Tailoring
Modifications, and Customization Modifications provided by Tiburon. All revisions will be of
equal quality to the initial Documentation provided to the City and will be delivered to the
City within thirty (30) days, or such other time period mutually agreed upon, after the
Updates, Tailoring Modifications, or Customization Modifications have been delivered to the
City.
14.9 Reliabilitv Warrantv. During the Warranty Period, Tiburon warrants the CAD
subsystem will be fully and properly operational for ninety-nine point nine percent (99.9%) of
the time, during any thirty (30) day period (“Uptime Standard”). The Uptime Standard for the
remainder of the System will be ninety-nine percent (99%).
14. IO Third-Partv Software Warrantv. The warranty for Third-party Software will be
as provided in the Third-party Software license agreement.
14.1 1 Service Warrantv. During the Warranty Period, Tiburon warrants that it will
remedy any failure, malfunction, Defect or nonconformity in the System, as follows:
14.1 1 .I Priority One Failures. For purposes of this Warranty and the
Final System Test (as defined in Section 13.3), a “Priority One Failure” will have occurred if
Paae 19 of 33 Final 08/25/03
the City has essentially no effective use of the System or a major subsystem and no
workaround acceptable to the City is available in the System.
Tiburon agrees that it will respond with as many qualified and knowledgeable
representatives as necessary within thirty (30) minutes after notification by the City, to
remedy a Priority One Failure. The representatives will furnish uninterrupted, continuous
efforts to remedy the Priority One Failure on an emergency basis. During this time,
Tiburon’s representatives will provide a status report to the City’s Project Manager every two
(2) hours until the Priority One Failure is remedied. If the Priority One failure is not
remedied within eight (8) hours of its initial report, Tiburon’s Vice PresidentNVestern Division
Manager will contact the City’s Police Chief (or a designee) and report on what efforts are
being taken to resolve the Priority One Failure and an expected time frame for correcting the
Priority One Failure. If the Priority One Failure is not remedied within twenty-four (24) hours
of its initial report, Tiburon will take all measures necessary to restore the System or the
major subsystem to operation, including sending technical support personnel to the City’s
installation site(s) immediately and by the most expeditious route, delivering temporary
systems or components to replace malfunctioning systems or components, and any other
actions the City determines to be necessary to return the System or a major subsystem to
service.
14.1 1.2 Priority Two Failures. For purposes of this Warranty and the
Final System Test (as defined in Section 13.3), a “Priority Two Failure” will have occurred if
the City has no effective use of the System or a major subsystem, but a workaround for the
problem acceptable to the City is available in the System.
Tiburon agrees to respond to any request for service for a Priority Two Failure
as soon as reasonably possible, but no later than one (1) hour after receipt of notification
and request by the City. Tiburon agrees that it will provide a response by qualified and
knowledgeable representative(s) and that the representative(s) will furnish uninterrupted,
continuous efforts to remedy the Priority Two Failure within forty-eight (48) hours. If
resolution requires more than twenty-four (24) hours, Tiburon’s representatives will provide
a status report to the City’s Project Manager every (8) hours. If the Priority Two Failure is
not remedied within forty-eight (48) hours of its initial report, Tiburon’s Vice
PresidentNVestern Division Manager will contact the City’s Police Chief (or a designee) and
report on what efforts are being taken to resolve the Priority Two Failure and an expected
time frame for correcting the Priority Two Failure. If the Priority Two Failure is not remedied
within seventy-two (72) hours of its initial report, Tiburon will take all measures necessary to
restore the System or the major subsystem to operation, including sending technical support
personnel to the City’s installation site(s) immediately and by the most expeditious route,
delivering temporary systems or components to replace malfunctioning systems or
components, and any other actions the City determines to be necessary to return the
System or the major subsystem to service.
14.1 1.3 Priority Three Failures. For purposes of this Agreement, a
“Priority Three Failure’’ will have occurred if a key function or operation of the System or a
major subsystem is substantially impaired, but the Client still has effective use of the System
Paae 20 of 33 Final 08/25/03
or the major subsystem. The impact of the Failure on the Client’s safety services operations
is moderate.
Tiburon agrees to respond to any request for service for a Priority Three
Failure as soon as reasonably possible, but no later than eight (8) business hours after
receipt of notification and request by the Client. Tiburon agrees that it will respond with
sufficient qualified and knowledgeable representative(s) to remedy the Priority Three Failure
within five (5) business days. If the Priority Three Failure is not resolved within this time
period, Tiburon’s representative(s) will provide daily status reports to the Client’s Technical
Coordinator. If the Priority Three Failure is not resolved within ten (1 0) business days of its
initial report, Tiburon’s Vice PresidentNVestern Division Manager (or their management
designee) will contact the Client’s Police Chief (or a designee) and report on what efforts are
being taken to resolve the Priority Three Failure and an expected time frame for resolution.
Priority Three Failures are handled during business hours.
14.1 1.4 Priority Four Failures. For purposes of this Agreement, a
“Priority Four Failure” is a malfunction, Defect, or nonconformity other than a Priority One,
Priority Two, or Priority Three Failure. It also includes purely informational and educational
issues. Tiburon agrees to respond to any request for service for a Priority Four Failure as
soon as reasonably possible. For those Priority Four Failures that do require a change/fix to
the Tiburon software, Tiburon agrees to respond no later than the first new release,
following the next scheduled release of applicable product(s).
14.1 1.5 Determination of Priority. When a failure occurs, the City will
have the sole discretion to determine the priority level of failure. In addition, the City will
have the sole discretion to require the priority level of a failure to be increased or permit the
priority level of a failure to be reduced.
14.1 I .6 Cumulative Failures. C u mu la t ive , contemporaneous fa i I u res,
regardless of their individual priorities, will be regarded as a Priority One failure if, in the
City’s determination, they result in the City have essentially no effective use of the System
or a major subsystem.
14.1 1.7 Permanent Cure. If the City accepts a workaround or other
temporary cure as the remedy for any reported failure, Tiburon shall provide a permanent
correction or cure within one hundred eighty days (1 80) days after the permanent cure
becomes available, or with the next scheduled release of fixes after the permanent cure
becomes available, whichever is sooner.
14.12 Limited Warrantv. THE WARRANTIES IN THIS AGREEMENT ARE GIVEN
IN LIEU OF ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
Paae 21 of 33 Final 08/25/03
15.0 Regeneration of Lost or Damaged Data
If any City data is lost or damaged as the result of any work performed by Tiburon or
its employees, agents, representatives or subcontractors, Tiburon will, at its own expense
and to the extent possible, promptly replace or regenerate the data from the City’s machine-
readable supporting material, or obtain, at its own expense, a new machine-readable copy
of the lost or damaged data from the City’s data sources. Tiburon will not be responsible for
any expenses that are the result of the City’s failure to maintain backup data in accordance
with generally accepted information technology practices.
16.0 Transfer of Title and Risk of Loss
Title and ownership of the Hardware will remain vested in Tiburon and Tiburon will
bear any risk of loss to the Hardware until the Hardware is delivered to the City and Tiburon
installs and tests it, at which time Tiburon will execute and deliver a bill of sale for the
Hardware. For purposes of this Section only, the term “tests” means Tiburon has
demonstrated to the City’s Project Manager or a designee that each server is able to log on
to Tiburon applications and each workstation is able to log on to the Windows screen.
Passage of title and ownership of the Hardware does not constitute “acceptance” of any
task, Products, or Services nor does it constitute a waiver of the City’s right to reject the
System, in whole or in part, if the requirements for Final System Acceptance are not met.
17.0 Dispute Resolution
If a dispute should arise regarding the performance of the Services under this
Agreement, the following procedure will be used to resolve any questions of fact or
interpretation. First, the parties will each reduce the dispute and their respective views to
writing. Each party will then forward a copy of its writing to the other along with a proposed
resolution of benefit to both parties. Within ten (IO) business days, each party will reply to
the other, commenting on the proposed resolutions and offering additional suggestions for
resolution, if appropriate and applicable. If this process does not result in a mutually
agreeable resolution, the writings and replies will be forwarded to the City Manager for
resolution. The City Manager will consider the facts and resolutions proposed by each party
and may then opt to direct a solution to the problem. In such cases, the action of the City
Manager will be the City’s final position on the matter. Nothing in this procedure prohibits
the parties from seeking remedies available to them at law.
18.0 Termination of Agreement
18.1 Termination Without Cause. The City may terminate this Agreement for any
reason or no reason by giving thirty (30) days written notice to Tiburon. As soon as practical
after receipt of a notice of termination without cause, Tiburon must submit a statement to the
City showing in detail the products provided and services performed under this Agreement
to the date of termination. The City will pay Tiburon all undisputed fees due and owing as of
the date of termination (including any accrued Retainage), provided that Tiburon delivers to
the City all work completed as of the termination date and provided further that the City will
not be required to pay for defective work. In no event will Tiburon be entitled to profit on
unperformed services due to an early termination or adjustment of the scope of work.
Paae 22 of 33 Final 08/25/03
18.2 Termination for Default.
18.2.1 By Either Party. Either party may terminate this Agreement by giving
written notice to the other party upon the occurrence of one or more of the following events,
each of which is an Event of Default:
(a) The other party violates or fails to perform any covenant,
provision, obligation, term or condition contained in this Agreement. However, unless
otherwise provided in this Agreement, the default will not be cause for termination if both of
the following are satisfied: (1) the default is reasonably susceptible to cure; and (2) the
other party cures the default within thirty (30) days of receipt of written notice of default or
presents a plan to cure acceptable to the City; or
(b) The other party attempts to assign, terminate, or cancel this
Agreement contrary to the terms of this Agreement; or
(c) The other party takes or fails to take any action which constitutes
grounds for termination under the terms of this Agreement, including but not limited to failure
to comply with the insurance requirements contained Section 21 .O; or
(d) The other party ceases to do business as a going concern,
makes an assignment for the benefit of creditors, admits in writing its inability to pay debts
as they become due, files a petition in bankruptcy, or has an involuntary bankruptcy petition
filed against it (except in connection with a reorganization under which the business of the
party is continued and performance of all of its obligations under this Agreement will
continue), or if a receiver, trustee, or liquidator is appointed for it or any substantial part of
the party’s assets or properties.
18.2.2 By the City. In addition to the above grounds, the City may terminate
this Agreement upon the occurrence of the following events, each of which is also an Event
of Default:
(a) The System is unable to meet the Functional, Performance and
Reliability Specifications and Requirements and this inability is not cured or Tiburon has not
presented a plan to cure acceptable to the City within thirty (30) days after the City gives
Tiburon written notice of it;
(b) Tiburon fails to complete a particular task or deliver a particular
subsystem, component, or interface by the completion date specified in the Project
Schedule or in a plan to cure which has been accepted by the City;
(c) within the time period specified in the notice.
Tiburon fails to correct all problems identified in a Defect notice
18.2.3 By Tiburon. Tiburon may terminate this Agreement by giving written
notice to the City if: (a) the City fails to pay any undisputed invoice due under this
Agreement; and (b) the failure to pay is not cured within sixty (60) days after Tiburon gives
Paae 23 of 33 Final 08/25/03
the City written notice of the failure and of Tiburon’s intention to terminate this Agreement if
the failure is not cured.
The City agrees to provide those services and facilities necessary for the
completion of this Project which are set forth in the Statement of Work. The City
acknowledges that the dates set forth in the Project Schedule for completion of the services
to be provided by Tiburon under this Agreement depend upon the timely fulfillment of the
City responsibilities. Tiburon shall not be responsible for any delays in the Project Schedule
directly and primarily caused by the City’s failure to perform the City responsibilities.
18.3 Suspension of Services. In the event that the City disputes an allegation of
default by Tiburon, notwithstanding anything to the contrary in this Agreement, Tiburon
agrees that it will not terminate this Agreement or suspend or limit the Services or any
warranties or repossess, disable or render unusable any Software supplied by Tiburon,
unless: (a) the parties agree in writing; or (b) an order of a court of competent jurisdiction
determines otherwise.
18.4 Obliaations Upon Expiration or Termination. Upon expiration or termination of
this Agreement, the parties will promptly: (a) return to the other all computer programs,
files, documentation, data, media, related material and any other material and equipment
that is owned by the other. In addition, Tiburon will deliver to the City all work product
currently in existence and for which payment has been made.
18.5 Transition of Services. Upon termination or expiration of this Agreement,
Tiburon will cooperate with the City to assist with the orderly transfer of services, functions,
and operations provided by Tiburon under this Agreement to another provider or to the City
as determined by the City in its sole discretion. Prior to the termination or expiration of this
Agreement, the City may require Tiburon to perform those transition services described
below that the City deems necessary to migrate Tiburon’s work to another provider or to the
City. Transition services may include, but are not limited to the following:
18.5.1 Pre-Migration Services.
(a) Working with the City to jointly develop a mutually agreed upon
Transition Services Plan to facilitate the termination of the services;
(b) Notifying all affected vendors and subcontractors of Tiburon; and
(c) Freezing all non-critical changes to the System.
18.5.2 Migration and Post-Migration.
(a) Performing the Transition Services Plan activities.
(b) Answering questions regarding the services performed by
Tiburon or the System on an as-needed basis;
Paae 24 of 33 Final 08/25/03
(c) Providing such other reasonable services needed to effectuate
an orderly transition to a new System.
The City agrees to pay Tiburon for transition services at an hourly rate of $1 50 per
hour, plus reasonable out-of-pocket expenses not to exceed ten percent (10%) of the cost
of the transition services.
18.6 Other Remedies. Upon termination of this Agreement, each party may seek
all legal and equitable remedies to which it is entitled. The remedies contained in this
Agreement are cumulative to any other available remedies.
19.0 Confidential Information
19.1 Citv Confidential Information. Tiburon will regard all City files and data as the
City’s confidential information. Tiburon will not disclose the City’s confidential information to
any third parties without the written consent of the City.
19.2 Tiburon Confidential Information. The City will regard Tiburon’s files and data,
Tiburon’s Software and Documentation, and any other information or data provided by
Tiburon that is clearly labeled “confidential” or “proprietary” as Tiburon’s confidential
information. The City will not release or provide access to third parties, except the City’s
consultants and contractors working on or with the System who agree to abide by the terms
of this provision, without the prior written consent of Tiburon.
The above obligations do not apply to any information which:
(a) Is already in the public domain at the time of disclosure or later
becomes available to the public without a breach of this Agreement;
(b) Was, as between the City and Tiburon, lawfully in the possession of the
recipient without obligation of confidentiality, prior to receipt under this Agreement;
(c) Is received independently from a third party free to lawfully disclose the
information;
(d) Is the subject of a judicial subpoena or similar process for disclosure in
connection with any action or proceeding, provided that notice of the demand is provided to
allow an opportunity to seek a protective order or other appropriate remedy prior to
disclosure; or
(e) Is independently developed.
19.3 Public Records Act Requests. In the event the City receives a request under
the California Public Records Act for Tiburon’s confidential information, the City will promptly
notify Tiburon. Within five (5) days after receiving the notice, Tiburon will inform the City
whether Tiburon objects to disclosure of the requested information. If Tiburon does not
object to disclosure or if Tiburon fails to respond to the City within five (5) days, the City will
Paae 25 of 33 Final 08/25/03
be relieved of its confidentiality obligation with respect to the requested information and may
release the requested information.
If Tiburon does object to disclosure, then the City will decline to produce the
requested information and Tiburon will indemnify, defend, and hold the City harmless from
and against all claims, damages, costs of litigation and attorney fees arising out of the
declination.
20.0 Faithful PerformanceMlarranty Bond
Concurrent with the execution of this Agreement, Tiburon agrees to provide a faithful
performance/warranty bond in a form acceptable to the City Attorney, which will be
incorporated into this Agreement as Exhibit J. The amount of the bond must be for one
hundred percent (1 00%) of the fees to be paid under Section 5.0, “Compensation.” The
bond will extend in full force and effect and be retained by the City for the term of this
Agreement, during the Warranty Period, and until all warranty repairs are completed to the
satisfaction of the City.
The bond must be placed with a surety insurance carrier admitted and authorized to
transact the business of insurance in California and whose assets exceed its liabilities in an
amount equal to or in excess of the amount of the bond. In accordance with California
Code of Civil Procedure section 995.600, the bond is to contain the following documents:
(a) an original or certified copy of the unrevoked appointment, power of attorney, by-laws, or
other instrument entitling or authorizing the person who executed the bond to do so; (b) a
certified copy of the certificate of authority of the insurer issued by the California Insurance
Commissioner; (c) a certificate from the San Diego County Clerk indicating that the insurer’s
authority is not surrendered, revoked, canceled, annulled, or suspended; and (4) copies of
the insurer’s most recent annual statement and quarterly statement filed with the
Department of Insurance.
21 .O Insurance
21 .I General Requirements. Tiburon agrees to obtain and maintain for the duration
of this Agreement insurance against claims for injuries to persons or damage to property
that may arise out of or in connection with the performance of Tiburon’s obligations under
this Agreement by Tiburon or its employees, agents, or subcontractors. If Tiburon
subcontracts any of the services to be performed under this Agreement, then the
subcontractor must obtain and maintain this insurance as well. However, the
subcontractor’s insurance will not relieve Tiburon from meeting the insurance requirements
or from otherwise being responsible for the subcontractor.
21.2 Insurer’s Qualifications. The insurance must be obtained from an insurance
carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best‘s Key Rating of not less than “A-:V” and will meet
the City’s requirements as stated in City Council Resolution No. 91-403.
Paae 26 of 33 Final 08/25/03
21.3. Coverages and Limits. Tiburon will maintain the types of coverages and
minimum limits indicated below, unless a lower amount is approved by the City Attorney or
City Manager:
21.3.1 Comprehensive General Liabilify Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply separately to
the work performed under this Agreement or the general aggregate will be twice the
required per occurrence limit.
21.3.2 Automobile Liability. $1,000,000 combined single-limit per accident for
bodily injury and property damage.
21.3.3 Workers’ Compensation and Employer‘s Liability. Workers’
Compensation limits as required by the Labor Code of the State of California and
Employer‘s Liability limits of $1,000,000 per accident for bodily injury.
21.3.4 Professional Liability. Errors and omissions liability appropriate to
Tiburon’s profession with limits of not less than $1,000,000 per claim.
21.4 Additional Requirements.
21.4.1 Additional lnsured Endorsement. All of the insurance policies, except
the Workers’ Compensation and Professional Liability policies, will name, or be endorsed to
name the City, including its officers, employees, and volunteers, as additional insureds.
21.4.2 Primary Coverage. The insurance policies will be primary to any
insurance policies carried by the City.
21.4.3 Certificates of Insurance. Tiburon will furnish certificates of insurance
for all of the insurance policies to the City before commencement of work.
21.4.4 Occurrence Coverage. All of the insurance policies will provide for
occurrence coverage, except the Professional Liability policy, which will be written as
claims-made coverage.
21.4.5 Continuous Coverage. All of the insurance polices will remain in effect
through the Warranty Period, except the Professional Liability policy, which will remain in
effect for five (5) years following the end of the Warranty Period. In addition, none of the
insurance policies may be canceled or reduced in coverage without thirty (30) days’ prior
written notice to the City sent by certified mail.
21.5 Failure to Obtain or Maintain Insurance. If Tiburon fails to obtain or maintain
any of the insurance required by this section, then the City may declare Tiburon in default
and terminate this Agreement without further obligation to Tiburon. Alternatively, at the
City’s election, the City may purchase replacement insurance or pay the premiums that are
due on Tiburon’s existing policies in order to maintain the required coverage. Tiburon is
responsible for any payments made by the City to obtain or maintain the insurance required
Paae 27 of 33 Final 08/25/03
by this section and the City may collect the premiums from Tiburon or deduct the premium
amounts from any sums due Tiburon under this Agreement.
22.0 Indemnification
22.1 General Obliqation. Tiburon agrees to indemnify, defend and hold the City
and its officers, agents, and employees harmless from and against any and all claims,
losses, damages, obligations, liabilities and expenses (including attorney fees) arising from:
(a) Any infringement of any copyright, trademark, patent, or other
proprietary right, or misappropriation of any trade secrets in connection with any Software,
Documentation, Services or other Products supplied by Tiburon in connection with this
Agree men t ;
(b) Any act(s) of negligence or willful misconduct by Tiburon or any of its
agents, employees or subcontractors, including, but not limited to, any liability caused by an
accident or other occurrence resulting in bodily injury, death, sickness or disease to any
person(s) or damage or destruction to any property, real or personal; or
(c) The City’s refusal to produce Tiburon’s confidential information
pursuant to a request to review public city records, after receiving a request for the item and
after being instructed by Tiburon not to produce it; or
(d) Any claims by any persons or entities supplying labor or material to
Tiburon in connection with the performance of Tiburon’s obligations under this Agreement.
(e) NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL
TIBURON BE LIABLE FOR ANY LOSS OR DAMAGES RELATED TO THE OPERATION,
DELAY, OR FAILURE OF THE 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
CONS EQU ENTl AL DAMAGES.
22.2 Infringement Claims. Indemnity for infringement claims is contingent upon the
City: (a) giving prompt notice to Tiburon if Tiburon is unaware of the claim; (b) Tiburon
having control over the defense of the claim, with input from the City on all matters affecting
the City; and (c) the City reasonably cooperating in the defense of the claim.
If an infringement claim occurs, Tiburon has thirty (30) days after the receipt of the
City’s written notice of the claim or the date on which Tiburon first becomes aware of the
claim, whichever is sooner, to either: (a) procure for the City the right to continue using the
affected Product, Service, subsystem, component or interface and deliver or provide the
Product, Service, subsystem, component, or interface to the City; or (b) repair or replace the
infringing Product, Service, subsystem, component, or interface so that it becomes
noninfringing, provided the performance of the System or any subsystems, components, or
interfaces is not adversely affected by the replacement or modification. In the event Tiburon
is unable to comply with either subsection (a) or (b) of this paragraph within thirty (30) days,
the City may terminate this Agreement without any further obligation to Tiburon. In the
Paae 28 of 33 Final 08/25/03
event of termination, in addition to any other legal remedies available to the City, Tiburon
will refund the City within ten (1 0) days of the City’s notice of termination, a pro rata portion
of the license fees the City paid to Tiburon for the Product, Service, subsystem, component
or interface. If the inability to comply with either subsection (a) or (b) of this paragraph
causes the System to fail to meet the Functional, Performance and Reliability Specifications
and Requirements or to otherwise become ineffective, Tiburon will refund the City all fees
paid to Tiburon under this Agreement.
23.0 Limits on Liability
Neither party will be liable to the other party for consequential, incidental, or special
damages, lost profits or attorneys’ fees in connection with any matters relating to this
Agreement (except as indicated in Section 22.0, “Indemnification,” and Section 24.0,
“Claims Against City”). Tiburon’s liability to the City whether in tort, contract, or otherwise
shall be limited to the lessor of two (2) times the total value of this Agreement or Ten Million
Dollars ($1 0,000,000).
24.0 Claims Against City
24.1 False Claims. Tiburon acknowledges that if a false claim is submitted to the
City, it may be considered fraud and Tiburon may be subject to criminal prosecution.
Tiburon acknowledges that the False Claims Act, California Government Code sections
12650 et seq., provides for civil penalties where a person knowingly submits a false claim to
a public entity. These provisions include false claims made with deliberate ignorance of the
false information or in reckless disregard of the truth or falsity of information. If the City
seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its
litigation costs, including attorney’s fees. Tiburon acknowledges that the filing of a false
claim may subject Tiburon to an administrative debarment proceeding, which may result in
Tiburon being prevented from acting as a contractor on any public work or improvement for
a period of up to five years. Tiburon acknowledges debarment by another jurisdiction is
grounds for the City of Carlsbad to terminate the Agreement.
24.2 Carlsbad False Claims Ordinance. The provisions of Carlsbad Municipal
Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are
incorporated by reference.
24.3 Government Claims Act Compliance. If any claim or dispute exists under this
Agreement, Tiburon is required to comply with the claim presentation requirements set forth
in the Government Claims Act, Government Code section 900 et seq.
25.0 Compliance with Laws and Ordinances
Tiburon agrees to make itself aware of and comply with all federal, state and local
laws and regulations applicable to the performance of its obligations under this Agreement,
including but not limited to, all applicable federal, state, and local labor and employment
laws and regulations.
Paae 29 of 33 Final 08/25/03
26.0 Covenant Against Contingent Fees
Tiburon warrants that it has not employed or retained any third party, other than a
bona fide employee of Tiburon, to solicit or secure this Agreement. Tiburon further warrants
that it has not paid or agreed to pay a third party, other than a bona fide employee of
Tiburon, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. If these
warranties are breached or violated, the City has the right to annul this Agreement without
liability or, in its discretion, to deduct from the Agreement price or consideration, or
otherwise recover, the full amount of the fee, commission, percentage, brokerage fee, gift,
or contingent fee.
27.0 Conflicts of Interest
The City has determined, using the guidelines of the Political Reform Act and the
City’s Conflict of Interest Code, that Tiburon will not be required to file a conflict of interest
statement as a requirement of this Agreement. However, Tiburon acknowledges that it has
the legal responsibility for complying with the Political Reform Act and nothing in this
Agreement releases Tiburon from this responsibility.
28.0 Notices and Invoices
Any notice, invoice, consent or other communication required or contemplated by this
Agreement must be in writing and delivered in person, by U.S. mail, by overnight courier, by
electronic mail, or by facsimile to the intended recipient at the address and/or number set
forth below:
To Tiburon: To City:
Att n : Contract Ad mi n ist ra tor Attn: Senior Systems Administrator
Tiburon, Inc. City of Carlsbad
39350 Civic Center Dr., Ste. 100 2560 Orion Way
Fremont, CA 94538 Carlsbad, CA 92008
Phone: (51 0) 792-2108 Phone: (760) 931 -21 76
Fax: (51 0) 742-1 057 Fax: (760) 931 -8473
With a copy to:
Attn: Project Manager
[Insert Contact Info]
Notice is effective on the day it is received by the intended recipient, provided that
any notice sent by facsimile or electronic mail is also simultaneously sent by first class mail
deposited with the United States Postal Service or by overnight courier. Each party may
change its address for notification purposes by giving the other party written notice of the
new address and the date upon which the new address is effective.
Paae 30 of 33 Final 08/25/03
29.0 Miscellaneous
29.1 No Rights in Third Parties. This Agreement is made for the benefit of the City
and Tiburon and not for the benefit of any third parties.
29.2 Calendar Days. Unless specifically stated otherwise, all references to days in
this Agreement refers to calendar days rather than business days.
29.3 Headings. The headings used in this Agreement are solely for the
convenience of the parties. They are not part of this Agreement and are not intended to
affect the meaning or interpretation of it.
29.4 Entire Aareement. This Agreement and the Contract Documents constitute
the entire agreement between the parties with respect to their subject matter and there are
no other representations, understandings, or agreements between the parties regarding
their subject matter. This Agreement supersedes all prior agreements, negotiations,
representations and proposals, written or oral.
29.5 Amendments. No amendment or modification to this Agreement is valid
unless it is contained in a writing signed by both parties.
29.7 Approvals in Writing. All approvals or consents required or contemplated by
this Agreement must be in writing to be effective.
29.8 Successors and Assiqns. This Agreement is binding on and inures to the
benefit of the parties and their respective successors and assigns.
29.9 Assignment. Tiburon may not assign its rights or obligations under this
Agreement without the prior written consent of the City, which shall not be unreasonably
withheld. Any assignment attempted without the written consent of the City will be void. For
purposes of this Agreement, the term “assignment” includes any transfer of rights or
obligations under this Agreement to a successor by merger or consolidation or to any
person or entity that acquires all or substantially all of Tiburon’s capital stock or assets, and
includes Tiburon’s assignment of this Agreement to any person or entity to which Tiburon
transfers any of its rights in the Software.
29.10 Change in Control of Company. In the event of a change in Control of
Tiburon, the City will have the option of terminating this Agreement by written notice to
Tiburon. Tiburon will notify the City within ten (1 0) days of the occurrence of a change in
Control. As used in this Section, “Control” means the possession, direct or indirect, of
either:
(a) the ownership or ability to direct the voting of fifty-one percent (51 %) or
more of the equity interests, value, or voting power in Tiburon; or
Paae 31 of 33 Final 08/25/03
(b) the power to direct or cause the direction of the management and
policies of Tiburon, whether through ownership of voting securities, by contract, or
otherwise.
29.1 1 Governina Law, Jurisdiction and Venue. The parties agree that this
Agreement and performance under this Agreement will be governed and construed in
accordance with the laws of the State of California. Any proceedings relating to the subject
matter of this Agreement must be maintained in the California state courts located in San
Diego County, which will have exclusive jurisdiction.
29.1 2 Waiver. No waiver or breach of any provisions of this Agreement will
constitute a waiver or breach of any other provisions. Failure of either party to enforce any
provision of this Agreement will not be construed as a waiver of the right to do so.
29.13 Severability. If any provision of this Agreement is held to be invalid, illegal, or
unenforceable, the validity, legality, and enforceability of the remainder of the Agreement
will not be affected or impaired as a result.
29.14 Publicity. Tiburon agrees not to refer to the existence of this Agreement in any
press release, advertising or materials distributed to prospective customers without the prior
written consent of the City.
29.15 Business License and Permits. Tiburon and any if its subcontractors must
obtain and maintain a City of Carlsbad business license for the duration of this Agreement.
In addition, Tiburon is responsible for obtaining any local, state, and federal permits or
approvals required for it to fulfill its obligations under this Agreement.
29.16 Construction of Aqreement. This Agreement has been negotiated at arm’s
length and between persons sophisticated and knowledgeable in business matters and with
the advice of legal counsel. Any rule of law or legal decision which would require
interpretation of this Agreement against the party that drafted it is not applicable and is
expressly waived. .
29.1 7 Survival of Provisions. All provisions of this Agreement that by their nature
would reasonably be expected to continue after the expiration or termination of this
Agreement will survive the expiration or termination of this Agreement, including, without
limitation, the following Sections and Paragraphs:
3.0
5.5
5.6
7.5
14.0
18.4
18.5
19.0
20.0
22.0
Paae 32 of 33
License
Audit
Optional Police Records Management System
Independent Contractor Status
Warranties
Obligations Upon Expiration or Termination
Transition of Services
Confidential Information
Faithful PerformanceNVarranty Bond
Indemnification
Final 08/25/03
23.0 Limits on Liability
24.0 Claims Against City
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY TIBURON SIGNATORIES MUST
BE ATTACHED
By:
By:
(PLACE CORPORATE
SEAL HERE)
CITY: ‘“““1 (signa tu re) By:
Mayor
Gary T. Bunyard, President & CEO
ATTEST: ac.U (signatu re)
W. C. Rock, Secretary LORRAINE M. WOm
City Clerk
President or vice-president and secretary or assistant secretary must sign for corporations.
If only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney n
Paae 33 of 33 Final 08/25/03
-. .. . _. . . . .. . . . . . . . . .. .
MARYLAND
ALL-PURPOSE
ACKNOWLEDGEMENT
STATE OF MARYLAND
COUNTY OF
On 8/d 7 /P 3 beforeme, 3 1 ofin6 /46 u
DATE NAME, TITLE OF OFFICER-E.G., JANE DOE, NOTARY PmLIC
Personally appeared,
Personally know to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT L,&,et c.. ” A // n C CQ-ddkd-
DATE OF DOCUMENT NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE 7-
CALIFORNIA
ALL-PURPOSE
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTYOF )
bGGJS%\rm,
NAME, TITLE OF OFFICER - E.G.,CJANE
On h:%iTp3 , before rne-W -
personally appeared, sry KwN mKb
personally known to me- ) to be the person(+
whose name(@ is/m subscribed to the within instrument and acknowledged to me that he/M
they executed the same in his/hedthr authorized capacity(-), and that by his/hecCtkeir
signaturew on the instrument the person&), or the entity upon behalf of which the person@) acted,
executed the instrument.
WITNESS my hand and official seal.
OPTIONAL INFORMATION
DATE OF DOCUMENT NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE h) s % ic
AUG. 29. 2003 9:55AM TI BU RON REG IONA L SUPPORT OFF ICE
A C#mpn&u Company
Fax: 760 cp o24T‘r
Phone:
Re:
I
Confidential r] Urgent
Comments:
THE INFORMATION CONTAINEr FOR THE USE OF THE MDIVIDUA
INTENDED RECIPIENT, OR THE
RECIPENT, DO NOT USE OR DISC ---- M ERROR, PLEASE JMMEDIATE
NO. 3582 P, 1
Tibum, hc. 39350 Civic Center Drive Frcmont, CA 94535 Phone: (510) 792-2108
www.tiburoninc.com Fw; (510) 494-8394
‘ax Cover Sheet
From: Randy Brine @ Tiburon
Date:
Pages: cover plus 3 f
*&A& dr zw 0 Please Comment 0 Please Reply
t7
%-
V THIS FACSIMILE IS CONFIDENTIAL AND IS TNTENDED ONLY
3R ENTITY TO WHICH IT IS ADDRESSED. IF YOU ARE NOT THE BSON RESPONSTBLE FOR DELIVERING IT TO THE INTENDED
)SE THIS FACSIMILE. IF YOU HAVE RECEIVED THIS FACSIMILE
‘NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL TO
rIBURON, INC. THANK YOU.
Au- AUG. 29. 2003 . - .61- 9: . . 55AM,,T,,,,T13URON - ..,-,I *I_, REGIONAL .-..-.., SUPPORT OFFICE
THE AMERICA
Perf
Any singular reference to Contractor, Surc
CONTRACTOR (Name and Address):
TIBURON, INC,
39350 Civic Center Drlve, Sulte 100, Frernont, CA 94538
OWNER (Name and Address):
City of Carlsbad
1200 Carlsbad Village Drive, Carlsbad, CA 92008
CONSTRUCllON CONTRACT Date: August 29,2003
Amount: (S 2.129.346.00 ) Two MIIIa ~~~~~t~~~ig~~~ and Location): Mabk
wnneol whric msyciams.
Date (Not earlier than Consrrucrion Cc Amounr: ($2,129,348.00 ) Two Milllon C
Modifications to thls Bond:
BOND
CONTRACTOR AS PRINCIPAL
TIBURON. INC.
Signature :
Name and Vtle:
Company: (Corp
(Any addliional signatures appear on pag
(FOR \NFORMATlON ONLY-Name, Adc
AGENT or BROKER:
Atlantic Rlsk Management
5850 Waterloo Road. Suite 240 Columbla, MD 21045
41 04804400
N4 DQCUMlM b3lZ EtPORAANCE BOND AND PA THE AMERICAN INSTITUTE OF ARCHITZCTS, 3735 NEW ' THIRD PRINTING MRCM lfel
J INSTITUTE OF ARCHITECTS
Bond No,TO BE DETERMINED
AM Document A372
wmance Bond
7, Owner or other pariy shall be considered plural where applicable.
SURETY (Name and Principal Place of Business):
Arch Insurance Company 510 Heron Drive, Suite 205,
Bridgeporl, NJ 08014
ltract Dare): August 26,2003 e Hundred Twenty Nlne Thousand Three Hundred Fony Eighl Dollan and 00/100 a None Q See Page 3
SURETY
rate Seal) Company: ~, & (Corporate Seal)
Arch Insurvany - Signature: Name and TI Ter 6. Reynol s
3)
Attorneyin-Fact
15s and Telephone)
OWNER'S REPRESENTATIVE (Archhect, Engineer or
other party):
TIBURON REGIONAL SUPPORT OFFICE Au, AUG. __ ___- 29, - 2003 . -. -5~. 9: 55ANATLANT . . _,.. .- ,..-,. I".....--..-...
Ah OOCUMENC M12 * PERFORAANCC OOND MD AMUIlClrN INSTlTU'T6 OF ARCHll€CrS, 1735 NEW flrlRD PRINTING MARCH lYb7
NO. 3582 P. 3A21 T-IC. , -v../D04 ,
P,&YMLNI BONO * DECeMBLR 19B4 fD. ' Ah *
VORK AN., N.W.. WASMINCTON. O.C, 20006 A31211964 2
1 The Conlraaor and the Surety, Jolnrl bind themrclvcr, their heirs, erecutors
~UCC~Z~O~S and assigns lo the Owner for of the Qnsrruction Conrract, whlch is inc by reference.
3.t The Owner ha5 norificd the
Surety 61 Its address described in ihat !he Owner is considering dc
Surery agree, the
3.3 The Owner has agreed lo pay Ihe B Contract Price to tha Surely in accorda rerms of the Construction Contract or lo
with performance and p qualified surety equiralc Construct(on Contract amount ol damages as d cessdihe Balance of fhc Owner resulting lrom lh
44 Walvc Its right to perfor tor completion. or obrain a
reasonablc prornpincss und
which it may bc liable io the Owner and, 0s soon as practicable dthr the amount is dew- mined, lender paymen1 therefor to the Owner; or
.2 bcny liability in whole or in part and nolily Ihe O\mer citing reason5 thcrelar.
S lithe Surery docs not proceed ad provided in Paragraph
4 wiih reasonable prornpincrs, rhc Surcryshall be deemed to be in dehulr on thls Bond fifleen days allar receipt ol an addhlonal wrlttcn naricc from the Owner to he Surely
dernandlng rhar rhe Surely prrform its obligerions under
thls Bond, and the Owner shall bc cnritlcd ro enforce anv remedy available IO the Ownur. If rha Surety procecdr a> provided in Subparagraph 4.4, and the Owner rduses the
payment rendered or the Surety has denkc! liability. in whole or In part, withour iurrhcr notice rhe O\*ncr shall be
enritled ro enforce any remedy available to he Owner.
6 AlW rhe Owner has tcrtnlnared rhc Conrrocror's right
to cornplele [he Conskruclion Conrracl, end if the Surer!.
elects to aci under Subpara raph 6.1, 42, or 4.3 above,
nor be greater than those of the Coniracior under the Construction Contract, and rhe reSpOnSibililiQ6 Of \he Owner 10 rhc Surcry shall not be greater rhan ihosc oi the
Owner under the Conscruchn COntrx1,To rhc llmil of rhe amount of this Bond, bur subjecl IO cornrnilmenl by [he Owner of the Balance of the Conlract Price io mitigation ai cos1s and damages on the Conslruclion Contracr, t he Sure-
'ty is obligated wlthout duplication for:
6.1 The responsibili~ies of he Contractor for correc- tion of dclectivo work and completion of rhe Construc- tion Conrraa;
6.2 Addltlonal legal, design professional and delay
costs resulting from rhc Coniracror's Ddaul{, and re-
sulting from the acrions or failure 10 act of [he Surely under Paragraph 4; and
6.3 Llquidaled damages, or il no liquidated damages arc speclfled In the Capstruciian Cgnlraa, actual dam-
ages caumi by delayed perlormancr or non-perfor- inalrce of ihe Contraclot.
7 The Surety shall not be liable Io the Ownefor othets lor
obligarions of the Conlraoor that are unrelatcd lo lhe Con- struaion Contract, and the Bslancc 01 rhc Contracl Price shall nor be reduced or set off on account ol any such unrelated obtigationr, No right of acrlorl shall accrue on this Bond 10 any person or enlily other than Ihe Owncr or
its heirs, BX~CUIO~S, adrninirrrarotr or SUCCCSSOIS.
8 The Surety hereby walves notlce or any change. includ- ing chances of time, lo he Conslructiorl Conrract or lo related subcontracts, purchase orders and oihcr obliga- lions.
9 Any procecding. legal 01 eyul\ahlc. under rhls Bod may bc insrirulcd in any court of compc\ctiI jurisdiction in the localion In whlch \he work or parr of Ihe work IS loca1l.d and shall be inbtitured within iwo years afler Contraclor Defaulr or wlfhin two years airer I 3c Conlraclor coa5Cd working orwilhin IWO years alter ihe Surery rclusesor fails
IO perform lis obllgotionl undcr this Band, whichever oc- curs first. If Ihc provisions of this Paragraph are void or
prohlbitcd by law, the minimum periad of limiIa1ion avail-
then the responslbihies ai I I! e Surety LO rhc Owner shall
AUIAUG. 29. 2003jp 9: 56AM-ATLANTTIBURON REGIONAL SUPPORT OFFICE 4#2 t
able to sureties as a defense in the Jurisdictiol shall be appllcab(c.
10 Norlce to rhc Surety, the Owner or tho Cor be mailed or dellvered io the address shown nature page.
11 When this Bond has been furnished to cc slaruroy or orhcr legal requiremen1 in the loc the constructien was to bo performed, any pro' Bond conflicting wirh said statutory or legal I shall be deemed delered herefrom and proq forming to such slatutoy or other legal requii be deemed incorporated herein. the lnrent
Bond shall be construed as a statutory bond common law bond,
12 DEFINITIONS
12.1 Balance of (he Conrracr Price: me 1 payable by \he Owner (0 the Conrracta
Construction Contract after all proper have been made, including allowance
M0O)FICATlONS TO THIS 8ONb ARE AS FC
(Space is probided below for dditionrl sign
CONTRACTOR AS PRINCIPAL Company: (CC
Slgnature: Name and T~le: Addreer:
>f he suil
actor shall In the slg
ply with a
ion where ion in this
piremcnt !ions con= nent shall
i that this d nor SI P
a1 amount under the Jusrments the Con-
LOWS:
u re of dded
torale Seal)
mctor of any amounls rec&ed or 10 be received by the Owner In senlement of insurance or other claims for damages to whid the Contracror is enrltlcd, re-
duced by all valid and proper payments made lo or on behalf of the Conlnclor under the Construction Con- tract.
12.2 Construction Conlract The agreemenr brween the Owner and the Contractor identified on the rig- nature page, lncludlng all Contract Docurner\lS and changes thereto. '
12.3 Contractor Default: Failure of the Conrractor, which has neither been remedied norwaived, io per-
form or orhehvise to comply wirh the terms of the Conrtructlon Contracl.
12.4 Owner Oefaulr: Failure aflhe Owner, whlch has
neither bean remedied nor waived, IO pay the Con-
tractor as reqrrlred by ihe Construction Contract or to perform and complcrc or comply with the other terms
I hereof.
arries, other than thos appeahg on the cover page,)
SURETY Corn pa ny : (Corporate Seal)
Signarure; - Name and Tirle: Address;
THE AMERICAN fNSTlTUTE OF ARCHITECTS
Bond No.SU1003719
AIA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
TIBURON, INC.
39350 Civic Center Drive, Suite 100,
Fremont, CA 94538
OWNER (Name and Address):
City of Carlsbad
1200 Carlsbad Village Drive,
Carlsbad, CA 92008
CONSTRUCTION CONTRACT
Date: September 9, 2003
Arch Insurance Company
510 Heron Drive, Suite 205,
Bridgeport, NJ 08014
Amount: ($2,129,348.00 ) Two Million One Hundred Twen Nine Thousand Three Hundred Fo$ Eight Dollars and 00/100
l&pcription (Name and Location) : Mobile Data System (MDS), a Message switch (MS). a Mobile Mapping System (MMS), an Autornatc Feld Location system (
Public Safety Information System, infXurJing the major subsystems of a Computer Aided Disp ch System (CAD), a Police
), and the components and interfaces for these subsystems
BOND
Date (Not earlier than Construction Contract Date):
Amount: ($2,129,348.00 ) Two Million One Hundred Twenty Nine Thousand Three Hundred Forty Eight Dollars and 001100
Modifications to this Bond: Kl None 0 See Page 3
September 9,2003
(Corporate Seal)
-
TIBURON, I
Signature: Signature :
Attorn ey-in- F act
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER:
Atlantic Risk Management other party):
5850 Waterloo Road, Suite 240
Columbia, MD 21045
OWNER’S REPRESENTATIVE (Architect, Engineer 0:
41 0-480-4400 I
AIA DOCUMENT A312 a PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED, AIA 63 THE AMERICAN INSTITUTE OF ARCHITECTS, 173s NEW YORK AVE., N.W., WASHINGTON, D C. 2W
THIRD PRINTING MARCH 1987 A312-1984 1
1 The Contractor and the Surety, joi. j and severally,
bind themselves, their heirs, executors. administrators,
Successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is nD Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through inde-
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured
with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in cx-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
After investigation, determine the amount for .1
-2
which it rtuy.y be liable to the Owner and, as
soon as practicable aitcr the amount is deter-
mined, tender payment therefor to the
Owner; or
Deny liability in whole or in part and notify the
Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to eniorce any
remedy available to the'Owner. If the Surety proceeds as
provided in Subparagraph 3.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the contractor's right
to complete the Construction Contract, and it the Suwty
elects to act under Subparagraph 4.1, 4.2, or 4.3 above.
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities oi the
Owner to the Surety shall not be greater than those oi the Owner under the Construction Contract. To the limit oi the
amount oi this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Sure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam-
ages caused by delayed performance or non-pcrfor-
mance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligationsof the Contractor that are unrelated to the Con-
struction Contract, and the Balance oi the Contract Price
shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on
this Bond to any person or entity other than the Owner or
its heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change. includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
t ions.
9 Any proceeding, legal or equitablc, under this Bond
may be instituted in any court of conipcrent jurisdiction in
the location in which the work or part of the work is located
and shall be instituted within two years after Contractor
Default or within two years aitcr the Contractor ceased
working or within IWO years after the Surety refuses or fails
to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-
AlA DOCUMENT A312 * PERFORMANCE BOND AND PAYMENT BOND * DECEMBER 1984 ED. . AIA h
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.. M'ASHINCTON. D.C. 20006
THIRD PRlNTlNC MAUCH 1987
A312-1984 2
able to sureties as a defense in the juriswction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con-
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature : Signature:
Name and Title: Address: Add less :
Name and Title:
AIA OOCUMEM A312 PERFORMANCE BONO AND PAYMENT BOND * DECEMBER 1984 ED. AIA 3 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 2WOb
THIRD PRINTING MARCH 1987
A312.1984 3
. POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint
Terry D. Reynolds, Deborah 8. Brown, Michael A. Walter, Diana L. Parker, Bradley T. Senn and Mary Ann Marbury of
Columbia, MD (EACH)
its true and lawful Attorney@)-in-Fact, to make, execute, seal, and deliver from the date of. issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORIN is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3,2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. ,
00ML0013 00 03 03
Page 1 of 2 Brintec! Ln USA
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1 St day of April ,2003 .
Attested and Certified
Arch Insurance Company
Thomas P, Luckstone, Vice President
STATE OF CONNECTICUT SS
COUNTY OF FAIRFIELD SS
I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known
to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch
Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the
foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly
authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said
corporation and as their own free and voluntary acts for the uses and purposes therein set forth.
MEUSSA Bee", Notarypubbc SWdCornrecliart
My cornmission expires 2-28-05
CERTl FlCATlON
I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of
Attorney dated on behalf of the person@) as listed above is a true and correct copy and that
the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate;
and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on
the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 9th day of September I 20-. 03
April 1 I 2003
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein
and they have no authority to bind the Company except in the manner and to the extent herein stated.
Home Office: Kansas City, MO
OOMLOOl3 00 03 03
Page 2 of 2
-
Printed in USA.
7
ARCH Insurance Company ARCH Surety
NOTICE - DISCLOSURE OF TERRORISM PREMIUM
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds on which Arch Insurance Company is the surety.
DISCLOSURE OF PREMIUM '
The portion of the premium attributable to coverage for terrorist acts certified under the
Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM
LOSSES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable insurer deductible.
bmenard
ARCH INSURANCE COMPANY
STATEMENT OF FINANCIAL CONDITION
December 31,2002 - Assets
Cash in Banks
Bonds owned
Stocks
Premiums in course of collection
Accrued interest and other assets
total Assets
_Liabiltie_s
Reserve for losses and adjustment expmses
Reserve for unearned premiums
Reserve for taxes, expenses and other liabilities
Total Liabilities
Surplus as regards policyholders
Total Surplus and Liabilities
$ 59,182,099
238,634,683
71,083,477
56,612,652
34 775,438
$ 460,288,344
$ 25,110,949
66,818,592
120,608,746
21 2,530,287
247 750,057
$ 460,288,344
/I
/ Secretary By: flhvre Attest:
enior Vice President
State of Connecticut )
City of Stamford )
1 ss
John Mauro Tetto and Joseph Steven Labell, being duly sworn, say that they are Senior Vice President
and Secretary, respectively, of ARCH INSURANCE COMPANY, Missouri: and that the foregoing is a true and correct statement of the financial condition of said company, as of December 31, 2002.
Subscribed and sworn to before me, this 17th day of March, 2003
Notary Public