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Home My WebLink About2011-08-23; City Council; 20654; APPROVAL AMEND AGREEMENT TIBURON INCCITY OF CARLSBAD - AGENDA BILL AB# 20,654 MTG. 08/23/11 DEPT. POL APPROVAL OF AMENDMENT NO. 5 TO EXTEND AND AMEND THE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND TIBURON, INC. FOR COMPUTER AUTOMATED SYSTEM SUPPORT SERVICES DEPT. HEAD *^fr^ CITY ATTY. jUj CITY MGR. \j-^ RECOMMENDED ACTION: Adopt resolution No. 2011-198 to approve and authorize execution of Amendment No. 5 to professional services agreement with Tiburon Inc. to extend support services related to the Police Computer Aided Dispatch and Mobile System. ITEM EXPLANATION: On September 12, 2003, the City entered into an agreement with Tiburon, Incorporated to provide a fully integrated public safety information system (PSI) 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 of 2005. The Public Safety Information System was accepted in February of 2009 and the City entered into an agreement with Tiburon for annual support services. Since 2009, four amendments to the agreement have been executed for support or enhancements to the system. The parties have negotiated and agreed to a ratification of Amendment No. 5 to extend and amend this agreement for one additional year, beginning on July 1, 2011 and ending on June 30, 2012. FISCAL IMPACT: On May 19, 2009, the City and Tiburon, Inc. executed an agreement to provide four months of support services for the Public Safety Information System ("PSIS"). The table below shows the agreement's activity to date: Amendment No. Orig. Agreement 1 2 3 4 5 (Proposed) Fiscal Year FY 2008-09 FY 2009-10 FY 201 0-11 FY 201 0-11 FY 2010-11 FY2011-12 Amount $34,161 $94,861 $99,604 $8,944 $127,572 $104,585 Reason Support Services (4 months) Extend Support Services (1 year) Extend Support Services (1 year) Addl. Support Services Licensing/Support Services for PSIS Upgrade Extend Support Services (1 year) DEPARTMENT CONTACT: Maria Callander 931-2176 maria.callander(5).carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED WITHDRAWN AMENDED D Dn CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D COUNCIL RECEIVED THE D REPORT/PRESENTATION OTHER - SEE MINUTES D Page 2 As shown in the table above, the cost of Amendment No. 5 to provide support services for Fiscal Year 2011 -12 is $104,585. Funds have been budgeted in the Fiscal Year 2011-12 Information Technology Department operating budget for this amendment. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBITS: 1. Resolution No. 2011-198 approving Amendment No. 5 to Agreement for between the city of Carlsbad and Tiburon, Inc. for computer automated system support services. 2. Amendment No. 5 to Agreement for Computer Automated System Support Services. 1 RESOLUTION NO. 2011-198 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RATIFYING OF AMENDMENT 3 NUMBER 5 TO EXISTING AGREEMENT BETWEEN THE CITY 4 OF CARLSBBAD AND TIBURON, INC FOR COMPUTER AUTOMATED SYSTEM SUPPORT SERVICES 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 o 9 WHEREAS the Public Safety Information System was successfully implemented and has been operational since May of 2005; and 11 WHEREAS, the Public Safety Information System was accepted in February of 2009 and the City entered into an agreement with Tiburon in May of 2009 for annual support services; and 14 15 WHEREAS, the City and the Contractor have executed a ratification of 16 Amendment No. 5 to the agreement for support services for one year $104,585; and 17 WHEREAS, the parties wish to extend the agreement to June 30, 2012. 18 19 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 20 Carlsbad, California, as follows: 21 1. That the above recitations are true and correct. 2. That the City Council of the City of Carlsbad approves the ratification of amendment number 5 for annual support services for $104,585 and the 23 extension of the existing agreement to June 30, 2012.24 // 25 // 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 23rd day of August 2011, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. MATY HALL7, Mayor ATTEST: (SEAL) M. WOOD, City Clerk L • y RATIFICATION OF AMENDMENT NO. 5 TO EXTEND AND AMEND AGREEMENT FOR COMPUTER AUTOMATED SYSTEM SUPPORT SERVICES TIBURON INC. This Ratification of Amendment No. 5 is entered into as of the ^ day of , 2011, but effective as of the first day of July, 2011, extending and amendi&j the agreement dated May 19, 2009 that was effective as of February 19, 2009 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Tiburon Inc., a Virginia corporation, having its primary place of business at 6200 Stoneridge Mall Road, Suite 400, Pleasanton, California 94588, (Contractor) (collectively, the "Parties"). RECITALS A. On May 19, 2009, the Parties executed an Agreement for support services that was effective February 19, 2009 relating to a computer automated system previously developed and implemented by Contractor; and B. On July 27, 2009, the Parties executed a ratification of amendment number 1 that was effective July 1, 2009 to extend the Agreement for one (1) additional year to June 30, 2010; and C. On August 19, 2010, the Parties executed a ratification of amendment number 2 that was effective July 1, 2010 to extend the Agreement for one (1) additional year to June 30, 2011; and D. On April 26, 2011, the Parties executed a ratification of amendment number 3 to add services for deleting old messages in the CAD message switch; and E. On April 26, 2011, the Parties executed a ratification of amendment number 4 to add services for upgrading the CAD and Mobile system to the most current version; and F. The Agreement expired on June 30, 2011 and Contractor continued to work on the services specified therein without the benefit of an agreement; and G. The Parties desire to extend the Agreement for a additional one (1) year beginning on July 1, 2011; and H. The Parties have negotiated and agreed to amend the Agreement's scope of work to include Exhibit 1, "Covered Applications," which is attached hereto and incorporated herein by this reference. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The retroactive extension and Amendment No. 5 to the Agreement is ratified. 2. That the Agreement, as may have been amended from time to time, is hereby City Attorney Approved Version #05.22..01 extended for a period of one year ending on June 30, 2012 and fund the agreement in an amount not to exceed $104,585.00. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 5. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this amendment. CONTRACTOR *By: CITY OF CARLSBAD, a municipal corporation of the State of California By: (sign here) /I/WKH-.VUI (print name/title) . faftL Otll C3 -ri^/Mii ATTEST: (e-mail address) UKRAINE M. WOOD City Clerk (sign here) / (print name/title) S, (e-mail address) If required by City, proper notarial acknowledgment of execution 'byctiritYactor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. City Attorney Approved Version #05.22..01 APPROVED AS TO FORM: RONALD R^BALL, City Attorney ssistant City Attorney EXHIBIT 1 To Amendment No. 5 [Tiburon Master Support Agreement] COVERED APPLICATIONS In the event of conflict between the terms and conditions set forth herein, other than the stated Annual Fee set forth below and those set forth in the Agreement, the terms and conditions set forth in the Agreement shall prevail. Tiburon will provide the Basic Support described in Section 2.1 [Basic Support] of the Agreement for the software applications identified in the table below. The annual fee for such support shall be as set forth in the table below. Such support will commence upon the expiration of any applicable Warranty Period as set forth in the table below. Client #-M1270-11 Covered Make, Model. Serial Number Maintenar Application of Authorized Server e Period Period Start Annual Fee End CAD/Ti Stratus ftServer 12 Mo 7/01/11 6/30/12 $33,321.00 Model: 3300-P3103R-ID-1 Serial #:322249 CARS DW HP Proliant server 12 Mo 7/01/11 6/30/12 $ 1544.00 Model: DL380-G3 Serial #:EB85KJNZ33 GCT HP Proliant server 12 Mo 7/01/11 6/30/12 $ 772.00 Model: D530-SFF Serial #:USW4250JL7 Webquery HP Proliant server 12Mo 7/01/11 6/30/12 $ Included Model: DL360-G3 Serial #:EA51KYDZ34 911 Mapping 12 Mo 7/01/11 6/30/12 $ 11,152.00 MDS 12 Mo 7/01/11 6/30/12 $21,135.00 MSS/Ti (MqSeries) 12 Mo 7/01/11 6/30/12 $ 19,395.00 Stratus 12 Mo 7/01/11 6/30/12 $ 17,266.00 Total $ 104,585.00 Authorized site City of Carlsbad 2560 Orion Way Carlsbad. CA 92010