HomeMy WebLinkAbout2008-12-02; City Council; 19644; Ratification of Amendment 6 -Tiburon CorpCITY OF CARLSBAD - AGENDA BILL
19.644AB#
MTG.
DEPT. POLICE
12/02/08
Approval and Ratification of
Amendment 6 to Existing Contract
between the City of Carlsbad and
Tiburon, Incorporated
DEPT. HEAD
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Resolution No. 2008-312 approving and authorizing the ratification of Amendment
6 to the Agreement 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 Public Safety Information System was successfully implemented and has been operational
since May 10, 2005.
On November 21, 2006, council approved Amendment No. 3 to the Agreement that altered the
Agreement's terms to include the addition of Task 29: Implementation of a Redundant County
Interface. Tiburon has implemented the preliminary interface which needs to be thoroughly
tested before the City will accept the Interface and deem Task 29 completed.
The parties have agreed to execute Amendment No. 6 that ratifies Amendment No. 6 and
extends the Agreement to December 31, 2008, to allow for the completion of testing of the
Redundant County Interface and the correction of any deficiencies.
There are no additional fees or costs included in this Amendment No. 6.
FISCAL IMPACT:
None
DEPARTMENT CONTACT: Maria Callander 760-931-2176 mcall@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
Page 2
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 an therefore, does not
require environmental review.
EXHIBITS:
1. Resolution No. 2008-312 approving and authorizing the execution of
Amendment No. 6 to the Agreement between the City of Carlsbad and Tiburon,
Incorporated.
2. Amendment No. 6 of Agreement between City of Carlsbad and Tiburon, Inc.
ibtf \
1 RESOLUTION NO. 2008-312
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA RATIFYING OF AMENDMENT
3 NUMBER 6 TO EXISTING CONTRACT FOR THE
4 PURCHASE OF POLICE COMPUTER-AIDED DISPATCH
AND MOBILE DATA SYSTEMS
5
6 WHEREAS, on September 12, 2003, the city oi Carlsbad entered into an
7 agreement with Tiburon, Incorporated [Tiburon] for a fully integrated public safety
8 dispatch system; and
WHEREAS, Amendment No. 3 included an additional task (Task 29) that
10 required Tiburon to design and implement a Redundant County Interface; and
11
WHEREAS, when Task 29 was added to the Agreement it was contemplated and
12
agreed to by the Parties that the timeline to complete the Redundant County Interface
would be outside of the timeline for final acceptance testing and final system
15 acceptance; and
16 WHEREAS, additional time was needed to complete Task 29 beyond the initial
17 three months contemplated by Amendment Number 5; and
18 WHEREAS, the City and Tiburon have agreed that the ratification of Amendment
19 No. 6 will extend the Agreement for until December 31, 2008 thereby allowing Tiburon
20 additional time to complete and test Task 29.
21
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
22
Carlsbad, California, as follows:
23
24 1. That the above recitations are true and correct.
25 2. That the City Council of the City of Carlsbad approves the ratifying of and
26 authorizes the execution of Amendment Number 6 that extends the existing Agreement
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for the Public Safety Information System to December 31, 2008 to allow for the
completion and testing of Task 29 - Redundant County Interface.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 2nd day of December
2008, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Lewis, Hall, Packard and Nygaard.
None.
Council Member Kulchin.
JDE A LEWIS, Mayor
ATTEST:
LORRAINE M. WOQ0, City Clerk
(SEAL) U
VAX
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.
4of the [
tember 1
This Amendment Number 6 is entered into and effective as of the [ day of
lyt£AJW*Jy4ft-', 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
/I
(sign here)
S
CITY OF,- CARLSBAD, a municipal
Califojtfta
z.\ / P
(print name/title)
. . 3rz.yoln.rttk (P 4-'.l>iyro/ii'/ie .
(e-mail address)
ayor
ATTEST:
*By:LORRAINE M. WOOD
City Clerk
(sign here)
(print name/title)
(e-mail address)
•>, "WTKV- xx-
If required by City, proper notary acknowledgment of execution by conftectoinftfust 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.ity 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
(JU(MU_M, (
Corporate Secretary
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