HomeMy WebLinkAbout2008-02-19; City Council; 19325; Approval of Amendment No. 5CITY OF CARLSBAD - AGENDA BILL
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MTG.
DEPT.
19.325
02/19/08
POLICE
Approval of Amendment No. 5 to the
Agreement between the City of
Carlsbad and Tiburon, Incorporated,
and the Final Acceptance of the Public
Safety Information System.
DEPT. HEAIT"
CITY ATTY.fr £j^
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2008-048 approving and authorizing the execution of Amendment
No. 5 to the Agreement between the City of Carlsbad and Tiburon, Incorporated, and final
acceptance of the Public Safety Information system.
ITEM EXPLANATION:
On September 12, 2003, the City entered an 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, a Message Switch, a Mobile Mapping
system, an automatic Field Location System, and the components and interfaces for these
subsystems.
On May 26, 2004, Council approved Amendment No. 1 to the Agreement to remove interfaces,
equipment and services that were no longer necessary and to upgrade software to the most
current versions offered by Tiburon. Amendment No. 1 resulted in a savings of $90,968.00.
On December 8, 2004, Council approved Amendment No. 2 to the Agreement that 1) reduced
the entire contract amount by $193,294.28 due to negotiating lower prices on hardware and
services; 2) corrected an error in Section 5.1 "Fees" of the original Agreement, and (3)
extended the Agreement an additional six (6) months, ending on September 12, 2005.
On November 21, 2006, Council approved Amendment No. 3 to the Agreement to alter the
Agreement's terms and project schedule that allowed Tiburon additional time to 1) finish
developing the software features required by the Agreement; 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 software that contained the required features; 5) correct
deficiencies found in the new software versions; 6) complete preliminary and final acceptance
testing and 7) extend the Agreement to June 30, 2007.
DEPARTMENT CONTACT: Maria Callander 760-931-2176 mcall@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
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Amendment No. 3 also included an additional task (Task 29) that required Tiburon to design
and implement a Redundant County Interface. This Task 29 was added to the Agreement but
was outside of the time and testing requirements specified in the original Agreement for
purposes of final system acceptance.
On September 12, 2007 Council approved Amendment No. 4 that extended the Agreement for
eight additional months to allow Tiburon to complete required final acceptance testing.
The Public Safety Information system was successfully implemented and has been fully
operational since May 10, 2005. The Agreement provided for a 30-day preliminary acceptance
test and a 60-day final acceptance test. The purpose of the acceptance test periods was to
verify that all system, hardware and software defects had been successfully repaired and that
all the requirements of the Agreement, with the exception of Task 29, had been successfully
completed by Tiburon. The City and Tiburon successfully completed the Final Acceptance Test
on November 27, 2007 and the system is now ready for final acceptance by the City.
Notwithstanding that the Public Safety Information system is ready for final acceptance by the
City, Task 29 is not completed and Tiburon needs three additional months to complete this task.
Therefore, Tiburon and the City have agreed to extend the Agreement for three months from
February 28, 2008 to May 31, 2008 to allow Tiburon to complete Task 29 and conclude its
obligations to the City.
Staff recommends that the City Council grant final acceptance of the Public Safety Information
system and approve and authorize the execution of Amendment number five to the Agreement
to permit Tiburon three additional months to complete Task 29.
FISCAL IMPACT:
The City withheld twenty-five percent (25%) of each Tiburon invoice as retention to be paid after
the completion of the Final System Acceptance Test. The total amount retained from Tiburon
invoices is $464,721.26 and is available for release. No additional monies are required for
Amendment No. 5 .
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15378, this
amendment does not constitute a "project" within the meaning of CEQA and therefore, does not
require environmental review.
EXHIBITS:
1. Resolution No. 2008-048 approving and authorizing the execution of Amendment
No. 5 to the Agreement between the City of Carlsbad and Tiburon, Incorporated, and
final acceptance of the Public Safety Information system.
2. Amendment No. 5 to the Agreement between City of Carlsbad and Tiburon, Inc.
1 RESOLUTION NO. 2008-048
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING AND
3 AUTHORIZING THE EXECUTION OF AMENDMENT NO. 5
4 TO THE AGREEMENT BETWEEN THE CITY OF
CARLSBAD AND TIBURON, INCORPORATED, AND FINAL
5 ACCEPTANCE OF THE PUBLIC SAFETY INFORMATION
SYSTEM
6
7 WHEREAS, on September 12, 2003, the city of Carlsbad entered into an
8 agreement with Tiburon, Inc. for a fully integrated Public Safety Information system,
9 including the major subsystems of a Computer Aided Dispatch System (CAD), a Police
10 Mobile Data System, a Message Switch, a Mobile Mapping system, an automatic Field
11
Location System, and the components and interfaces for these subsystems ("System");
12
and
13
WHEREAS, between May 2004 and November 2006, Council has approved
15 three amendments to the Agreement that modified the original Agreement that resulted
16 in enhanced functionality of the System, lower costs and additional time to complete
17 preliminary and final acceptance testing of the System; and
18 WHEREAS, in addition to preliminary and final acceptance testing, Amendment
19 No. 3 included an additional task (Task 29) that required Tiburon, Inc. to design and
20 implement a Redundant County Interface; and
21
WHEREAS, when Task 29 was added to the Agreement via Amendment No. 3, it
22
was contemplated and agreed to by the Parties that the timeline to complete the
23
Redundant County Interface would be outside of the timeline for final acceptance testing
25 and final system acceptance; and
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1 WHEREAS, Tiburon, Inc. has completed preliminary and final System
2 acceptance tests and the System is now ready for acceptance by the City of Carlsbad;
3 and
4 WHEREAS, Task 29, Redundant County Interface, is not completed and Tiburon,
5
Inc. has asked for three additional months to complete Task 29; and
6
WHEREAS, City and Tiburon, Inc. have agreed, in Amendment No. 5, to extend
7
the Agreement for three additional months to allow Tiburon, Inc. to complete Task 29;8
9 and
10 WHEREAS, Tiburon, Inc. has signed Amendment No. 5 to the Agreement.
11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
12 Carlsbad, California, as follows:
1. That the above recitations are true and correct.
14
2. That the City Council of the City of Carlsbad approves and authorizes the
15
execution of Amendment No. 5 that extends the existing Agreement for the Public
16
Safety Information System to May 31, 2008 to allow for the completion of Task 29,
18 Redundant County Interface.
19 3. That the City Council of the City of Carlsbad approves the Final System
20 Acceptance of the Public Safety Information system and accepts the system.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 19th day of February, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ATTEST:
ORR^INE M. V\(OOt), City^^
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