HomeMy WebLinkAbout2007-09-11; City Council; 19148; Tiburon of ratification of amendmentti^P ) CITY OF CARLSBAD - AGENDA BILL ^^|p/
AB# 19,148
MTG. 09/11/07
DEPT. POLICE
Approval of the Ratification of the
Amendment to Existing Contract
between the City of Carlsbad and
Tiburon, Incorporated
DEPT. HEAD <j^_
CITY ATTY. (3^-
CITY MGR. *^^>
RECOMMENDED ACTION:
Adopt Resolution No. 2007-229 approving the ratification of the Amendment to existing
contract between the City of Carlsbad and Tiburon, Incorporated.
ITEM EXPLANATION:
On September 12, 2003, the City entered into an agreement with Tiburon, Incorporated to
provide a fully integrated public safety information system including the major subsystem of a
computer aided dispatch system, a police mobile data system, a message switch, a mobile
mapping system, an automated field location system, and the components and interfaces for
these systems.
The parties have executed a ratification of amendment to extend this agreement to February
28, 2008, to allow Contractor to complete preliminary and final acceptance tests, There are
no additional fees or costs included in this ratification of amendment. There are no other
changes to this agreement.
FISCAL IMPACT:
None
ENVIRONMENTAL IMPACT:
None
EXHIBITS:
1. Resolution No.2007-229
2. Ratifying of Amendment No. 4 of Agreement between City of Carlsbad and Tiburon, Inc.
DEPARTMENT CONTACT: Maria Callander760 931-2176 mcall(a)ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION:APPROVED
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
1 RESOLUTION NO. 2007-229
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, RATIFYING OF AMENDMENT
3 NUMBER 4 TO EXISTING CONTRACT FOR THE PURCHASE
. OF POLICE COMPUTER-AIDED DISPATCH AND MOBILE
DATA SYSTEMS
5
6 WHEREAS, on September 12, 2003, the City of Carlsbad entered into an
7 agreement with Tiburon, Incorporated for a fully integrated public safety dispatch
system; and
WHEREAS, the City and the Contractor have executed a ratification of
amendment number 4;
10 WHEREAS, the parties wish to extend the timeline of the agreement to
11 February 28, 2008;
-, 2 WHEREAS, this extension will allow the Contractor to complete preliminary
and final acceptance tests.13
14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
15 Carlsbad, California, as follows:
16 1. That the above recitations are true and correct.
2. That the City Council of the City of Carlsbad approves the ratifying of
amendment number 4 to the contract extending the contract to February 28,
18 2008.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 11th day of September 2007, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard, Nygaard
NOES: None
ABSENT: None
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)s,
3-
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 /oJ day of
Slpflm^W" . 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'rieref
Kenneth E. Elmer/Sr. VP - Finance
(print name/title)
icipal
Ken.Elmer@tiburoninc.com
(e-mail address)
*By:
(sign here)
(print name/title)
(e-mail address)
ATTEST:
LORRAINE M.
CityderK
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
TIBURftN Tiburon, Inc.
6200 Stoneridge Mall Road
Suite 400
Pleasanton, CA 94588
USA
1:925.621.2700
it n -mm F: 925.621.2799July 17, 2007
www.tiburoninc.com
Maria M. Callander
City of Carlsbad
2560 Orion Way
Carlsbad, California 92008-7280
Subject: Amendment Number 4
Reference: Professional Services and Software License Agreement dated September 12, 2006 by
and between the City of Carlsbad and Tiburon, Inc.
Ms. Callander:
Enclosed with this letter are two (2) copies of the subject Amendment, both of which have been
signed on behalf of Tiburon. Please note that in lieu of sending the Amendments to Tiburon's
corporate parent for signature, I've enclosed a Corporation Certificate of Authority that certifies
Mr. Elmer's authority to sign the Amendment. Please have both copies of the Amendment fully
executed on behalf of the City and then return one (1) to my attention at:
Tiburon, Inc.
6200 Stoneridge Mall Road, Suite 400
Pleasanton, California 94588
Should you have any questions you can contact me by telephone at 925-621-2705, by fax at 925-
62 1 -279 1 , by email at randy.brine@tiburoninc.com. or by mail/courier at the above address.
Thanks very much,
Randy Brine
Contracts
Larry Nichols/Tiburon
Carol Mosconi/Tiburon
Tiburon Contract File
Enclosures:
• Ratification of Amendment No. 4 (2 copies)
• Corporation Certificate of Authority (1 copy)
A COMPUDYNE COMPANY
ID
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 telephonic Meeting of the Board of Directors
on March 15, 2007.
"RESOLVED, that the CEO, President, each Vice President, the Treasurer, and the
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
Gary Bunyard is CEO/President,
Robert L. Brown, Kenneth Peters, and Kenneth E. Elmer are Vice President(s),
Geoffrey F. Feidelberg is Vice President/Treasurer,
William C. Rock is Secretary, and
Jill Lambert is Assistant 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 March, 2007
CORPORATE SEAL(ifany)
Corporate Secretary
P:\Bill Rock\C Drive\LEGAL\Consents\TiburonCertificate of Authority 03-15-07.doc
MARSH CERTIFICATE OF INSURANCE
PRODUCER
MARSH USA INC.
120 E. BALTIMORE ST., STE. 1900
BALTIMORE, MD 21202
Attn: (410)347-3600
14069-E&O-07-08 TIBUR
CERTIFICATE NUMBER
CLE-001238364-22
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
COMPANY
A ZURICH AMERICAN INSURANCE COMPANY
INSURED
TIBURON, INC.
SUITE 400
6200 STONERIDGE MALL ROAD
PLEASANTON,CA 94588
COMPANY
B AMERICAN ZURICH INSURANCE COMPANY
COMPANY
C WESTCHESTER FIRE INSURANCE COMPANY
COMPANY
D NATIONAL UNION FIRE INS CO OF PITTSBURGH, PA
COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. 6
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)LIMITS
GENERAL LIABILITY GLO3486405 04/01/07 04/01/08 GENERAL AGGREGATE
COMMERCIAL GENERAL LIABILITY
| CLAIMS MADE [ X j OCCUR
OWNER'S & CONTRACTOR'S PROT
Per Proj/Loc Aggregate
PRODUCTS - COMP/OP AGO
PERSONAL & ADV INJURY
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MED EXP (Any one person)
2,000,000
2,000,000
1,000,000
1,000,000
500,000
5,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 2,000,000
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
COMP DEDUCTIBLE: $250
BAP3486404
238Y00353 ($1MIL x $1MIL)
04/01/07
04/01/07
04/01/08
04/01/08
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
lOLL DEDUCTIBLE: $500
PROPERTY DAMAGE
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EXCESS LIABILITY EACH OCCURRENCE 10,000,000
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
G2205580A001 04/01/07 04/01/08 AGGREGATE 10,000,000
RETENTION 10,000
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
WC STATU-TORY LIMITS OTH-ER
WC3486403 04/01/07 04/01/08 EL EACH ACCIDENT 500,000
THE PROPRIETOR/
PARTNERS/EXECUTIVE
OFFICERS ARE:
INCL EL DISEASE-POLICY LIMIT 500,000
EL DISEASE-EACH EMPLOYEE 500,000
OTHER
ERRORS & OMISSIONS 005996119 07/01/07 07/01/08 LIMIT
RETENTION
3,000,000
250,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
CITY OF CARLSBAD, ITS OFFICERS, EMPLOYEES, AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSUREDS UNDER THE GENERAL
LIABILITY COVERAGE AS REQUIRED BY CONTRACT WITH THE NAMED INSURED.
CERTIFICATE HOLDER
CITY OF CARLSBAD
ATTN: SENIOR SYSTEMS ADMINISTRATOR
2560 ORION WAY
CARLSBAD, CA 92008
CANCELLATION
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 3tl DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE
ISSUER OF THIS CERTIFICATE.
MARSH USA INC.
BY: Timothy M. Sasser
MM1(3/02)VALID AS OF: 07/01/07