HomeMy WebLinkAbout2013-05-14; City Council; 21223; Approval Amendment 6 Agreement with Tiburon IncCITY OF CARLSBAD - AGENDA BILL 1
AB# 21,223 APPROVAL TO AND RATIFICATION OF
AMENDMENT NO. 6 TO EXTEND AND
AMEND THE AGREEMENT BETWEEN THE
CITY OF CARLSBAD AND TIBURON, INC.
FOR COMPUTER AUTOMATED SYSTEM
SUPPORT SERVICES
DEPT. HEAD<
MTG. 5/14/13
APPROVAL TO AND RATIFICATION OF
AMENDMENT NO. 6 TO EXTEND AND
AMEND THE AGREEMENT BETWEEN THE
CITY OF CARLSBAD AND TIBURON, INC.
FOR COMPUTER AUTOMATED SYSTEM
SUPPORT SERVICES
CITY ATTY.
DEPT. Police
APPROVAL TO AND RATIFICATION OF
AMENDMENT NO. 6 TO EXTEND AND
AMEND THE AGREEMENT BETWEEN THE
CITY OF CARLSBAD AND TIBURON, INC.
FOR COMPUTER AUTOMATED SYSTEM
SUPPORT SERVICES
CITY MGR.
RECOMMENDED ACTION:
Adopt resolution No. 2Q13-1Q5 to approve, ratify and authorize the execution of Amendment
No. 6 to extend and amend the Agreement between the City of Carlsbad and Tiburon, Inc. for
Computer Automated System 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, Inc. (Tiburon) 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 (Support Agreement). Since 2009,
five amendments to the Support Agreement have been executed for support or enhancements
to the system. The parties have negotiated and agreed to a ratification of Amendment No. 6 to
extend and amend the Support Agreement for one additional year, beginning on July 1, 2012
and ending on June 30, 2013.
FISCAL IMPACT:
On May 19, 2009, the City and Tiburon executed a Support Agreement to provide four months
of support services for the Public Safety Information System ("PSIS"). The table on the
following page shows the agreement's activity to date.
DEPARTMENT CONTACT: Maria Callander 931-2176 maria.callander@carlsbadca.qov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED •
WITHDRAWN •
AMENDED •
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
COUNCIL RECEIVED THE
REPORT/PRESENTATION
OTHER-SEE MINUTES
•
•
•
•
•
Page 2
Amendment No. Fiscal Year Amount Reason
Orig. Agreement FY 2008-09 $34,161 Support Services (4 months)
1 FY 2009-10 $94,861 Extend Support Services (1 year)
2 FY 2010-11 $99,604 Extend Support Services (1 year)
3 FY 2010-11 $8,944 Addl. Support Services
4 FY 2010-11 $127,572 Licensing/Support Services for PSIS Upgrade
5 FY 2011-12 $104,585 Extend Support Services (1 year)
6 (Proposed) FY 2012-13 $105,479 Extend Support Services (1 year)
As shown in the table above, the cost of Amendment No. 6 to provide support services for
Fiscal Year 2012-13 is $105,479. Based on the Purchasing Policy of the City of Carlsbad, an
agreement over 100,000 dollars must be approved by the City Council. Therefore, Amendment
No. 6 requires City Council approval.
Funds have been budgeted in the Fiscal Year 2012-13 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. 2013-105 approving, extending, and ratifying Amendment No. 6 to
Agreement between the City of Carlsbad and Tiburon, Inc. for Computer Automated
System Support Services.
2. Ratification of Amendment No. 6 to Extend and Amend Agreement for Computer
Automated System Support Services.
2^
1 RESOLUTION NO. 2013-105
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE RATIFICATION OF AMENDMENT
^ NUMBER 6 TO EXTEND AND AMEND THE AGREEMENT BETWEEN
. THE CITY OF CARLSBAD AND TIBURON, INC FOR COMPUTER
AUTOMATED SYSTEM SUPPORT SERVICES
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6 WHEREAS, on September 12, 2003 the City of Carlsbad entered into an
agreement with Tiburon, Inc. ("Tiburon") (collectively "Parties") to provide a fully
integrated Public Safety Information System, comprising of a computer aided dispatch
system, a police mobile data system, a message switch, a mobile mapping system, an
automated field location system; and
WHEREAS, the Public Safety Information System was successfully implemented
and has been operational since May of 2005; and
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j4 WHEREAS, the Public Safety Information System was accepted in February of
15 2009 and the City entered into an agreement with Tiburon in May of 2009 for annual
16 support services; and
17 WHEREAS, the Parties desire to enter into this Amendment No. 6 to Extend and
Amend the Agreement for support services for one year, from July 1, 2012 and ending
on June 30,2013 at a price not to exceed $105,479; and
WHEREAS, Tiburon has executed Amendment No 6 to Extend and Amend the
Agreement for support services; and
WHEREAS, Amendment No. 6 to the Agreement must be ratified because
Tiburon continued to provide services without the benefit of this amendment; and
25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
26 Carlsbad, California, as follows:
27 1. That the above recitations are true and correct.
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2. That the City Council of the City of Carlsbad approves the Ratification of
Amendment No. 6 to Extend and Amend the Agreement for annual support
services, in an amount not to exceed $105,479, for the period of one year
from July 1, 2012 to June 30, 2013.
3. That the Mayor is authorized to execute Amendment No. 6 to Extend and
Amend the Agreement.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 14*'^ day of May, 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
MATT H^LLT Mayor
ATTEST:
RATIFICATION OF AMENDMENT NO. 6 TO EXTEND AND AMEND AGREEMENT
FOR COMPUTER AUTOMATED SYSTEM SUPPORT SERVICES
TIBURON INC.
This Ratification of Amendment No. 6 is entered into as of the /5^av of
Aj^ty , 2013, but effective as of the first day of July, 2012 extending and
amending tfie 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 Aided Dispatch system and Mobile
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 moving
from a physical to a virtual server environment as specified in Exhibits B, C and E of
Amendment Number 4 to this Agreement; and
F. On August 24, 2011, the Parties executed a ratification of amendment number 5
that was effective July 1, 2011 to extend the Agreement for one (1) additional year to June 30,
2012; and
G. The Agreement expired on June 30, 2012 and Contractor continued to work on
the services specified therein without the benefit of an agreement; and
H. The Parties desire to extend the Agreement for one (1) year beginning on July 1,
2012 and ending on June 30, 2013; and
I. The Parties desire to modify the Agreement to include the virtual environment
scope definition as specified in Exhibit 2 to this Amendment, which is attached hereto and
incorporated herein by this reference; and
City Attorney Approved Version #05.22..01
J. The Parties have negotiated and agreed to amend the Agreement's scope of
work to include Exhibit 1 to this Amendment, entitled "Covered Applications 2012-2013" (fiscal
year 2012-2013), 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. 6 to the Agreement is ratified.
2. That the above recitals are incorporated herein by reference.
3. That the Agreement, as may have been amended from time to time, is hereby
extended for a period of one year, effective July 1, 2012 and ending on June 30, 2013 and fund
the agreement in an amount not to exceed $105,479.00.
4. That the scope of work, as modified from time to time, now includes additional
work and services as further specified in Exhibit 1, "Covered Applications for Fiscal Year 2012-
2013.
5. That the scope of services is hereby modified to include Exhibit 2 "Virtual
Environment Scope Definition".
6. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
7. 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.
8. 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:
(print name/title)
(^9" ^mk Garcia
(e-mail address)
^By:
(sign here)
City Attorney Approved Version #05.22..01
CITY OF CARLSBAD, a municipal
corporation of the State of California ATTEST:
By:
Mayor
council@carlsbadca.gov
(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:
CELIA A.^EVVER, City Attorney
City Attorney Approved Version #05.22..01
EXHIBIT 1
To Amendment No. 6
[Tiburon Master Support Agreement]
COVERED APPLICATIONS 2012-2013
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.
The annual Fee will not be increased due to the CAD/Mobile VMP upgrade that is currently underway and
the virtual servers that will be implemented will be supported instead of the physical servers listed below.
Tiburon will maintain in full force and effect the maintenance on the City's Stratus servers and Oracle
software until the upgraded system has been put into production and final acceptance has been granted.
Client#-Ml 270-11
Covered
AoDlication
Make. Model. Serial Number of
Authorized Server
Maintenance Period Annual Fee
CAD/Ti Stratus ftServer 12 Mo 7/01/12 6/30/13 $ 34,987.00
Model: 3300-P3103R-ID-1
Serial #: 322249
CARS DW HP Proliant server 12 Mo 7/01/12 6/30/13 $ 1,621.00
Model: DL380-G3
Serial #:EB85KJNZ33
GCT HP Proliant server 12 Mo 7/01/12 6/30/13 $ 810.00
Model: D530-SFF
Serial #:USW4250JL7
Webquery HP Proliant server 12Mo 7/01/12 6/30/13 $ Included
Model: DL360-G3
Serial #:EA51KYDZ34
911 Mapping 12 Mo 7/01/12 6/30/13 $ 11,709.00
MDS 12 Mo 7/01/12 6/30/13 $ 22,192.00
LVS 4 Mo 03/1/13 6/30/13 $ 3,333.00
MSS/Ti
(MqSeries)
12 Mo 7/01/12 6/30/13 $ 20,365.00
Stratus 12 Mo 7/01/12 6/30/13 $ 9,065.00
Oracle 12 Mo 7/01/12 6/30/13 $ 1,397.00
Total $ 105,479.00
EXHIBIT 2
To Amendment No. 6
[Tiburon Master Support Agreement]
VIRTUAL ENVIRONMENT SCOPE DEFINITION
Server virtualization is now a widely used and mature technology. The City of Carlsbad
Police Department uses virtualization technology as much as possible to achieve the
benefit of more efficient use of hardware and greater levels of fault tolerance in cases of
hardware failure and maintenance.
The City has all necessary staff and expertise in house to fully configure, administer,
and support the virtual server environment that Tiburon servers will be expected to use.
Under no circumstances will Tiburon be expected to support or provide assistance with
any virtual technologies.
Included in scope:
1. Support of all Tiburon application and components implemented on any platform,
including both physical and virtual platforms.
2. Support of all 3^^ party applications and components implemented on any
platform, including both physical and virtual platforms covered under this
agreement.
3. Resolution of all issues and application errors that are reported to Tiburon's
customer support center as specified in the master support agreement.
Excluded from scope:
1. Configuration, administration, and support of Carlsbad's physical and virtual
environment.
2. Resolution of any issues proven to be caused by Carlsbad's virtual environment.
\0
John Coates
From:
Sent:
To:
Subject:
Hi John,
Greg Hermann
Tuesday, May 14, 2013 2:36 PM
John Coates
Follow Up from Councii Briefing
All Receive - Agenda Item # <i.
For the Information of the-
CITY COUNCIL
ACM\/lCA v£cc
Date ^/(V City Manager"]^-
Below please find the follow information requested during Council briefing:
consent Item #1 Explanation: Amendment #6 is the extension of the annual maintenance agreement with Tiburon for
the Computer Aided Dispatch (CAD) system. This agreement ensures timely turnaround on all support and maintenance
Ih^ponce vehicles components of the CAD system In the communications center and in
Consent Item #2 Explanation: Amendment #7 is an extension to allow Tiburon to complete the upgrade to the CAD
system. The current CAD system must be upgraded to comply with new US Department of Justice security policies and
upgrade old hardware. y
Virtual Servers: Server virtualization allows us to install multiple application servers on one physical server saving
equipment and maintenance costs. Server virtualization does not mean hosting servers in the cloud. Currently the citv
has many virtual and physical servers located at the Police Department that are managed by city staff.
Public safety data in the cloud: With regard to hosting servers and/or data in the cloud, the Police Department is
currently working with the new IT director to explore the possibility of moving some law enforcement servers into a
secure cloud m the future. However, these types of changes must be presented to the Department of Justice (DOJ) for
ex ensive review and approval. Due to DOJ security restrictions and connectivity to other law enforcement entities the
police servers that contain confidential criminal history data may have to remain onsite.
Please let me know if you have any questions.
Greg
Date: S/n^/f^
Distributi<^ '
City Clerk
Asst. City Clerk
Deputy Clerk _
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