14 Staff Report - Tiburon Inc. Extension for PD Computers
DATE: COUNCIL AGENDA REPORT May 24, 2004 MEETING DATE: 06/21104 ITEM NO. TO: FROM: SUBJECT: DEBRA J. FIGONE, TOWN MANAGER ADOPT RESOLUTION AUTHORIZING
THE TOWN MANAGER TO EXECUTE ANAGREEMENTWITHTffiURON, INC. FORANEXTENDED FNEYEAR SERVICEMAINTENANCEAGREEMENTFORTHE POUCE DEPARTMENT COMPUTER AIDED DISPATCH AND RECORDS MANAGEMENT SYSTEM
RECOMMENDATION: Adopt resolution authorizing the Town Manager to execute an agreement with Tibtiron, Inc. for an extended five year service maintenance agreement for the Police Department
Computer Aided Dispatch and Records Management System. BACKGROUND: . In April of 1999, Council approved the up-grade of the Police Department's Computer Aided Dispatch (CAD) and Records
Management System (RMS) from Tiburon, Inc. in order to be Y2K compliant. The first year of maintenance service was included with this up-grade. The police department has executed additional
annual maintenance agreements since FY 2000-2001. DISCUSSION: Because CAD and RMS are are critical to the function of the Police Department, the provision of continued support services
from Tiburon, Inc. is essential. This agreement is for extended maintenance services for a period of five years. This agreement provides such services as remote dial in services, 24-hour,
7-day response to system problems, software support, quarterly status reports and upgrades to the system. PREPARED BY: ScottR. Seaman Chief of Police . Reviewed by: MAssistant
Town Manager ottown Attorney __Clerk __Community Development Revised: 5/24/04 10:33 am Reformatted: 5/30/01
PAGE 2 SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH TffiURON, INC. FOR AN EXTENDED FIVE YEAR SERVICE MAINTENANCE
AGREEMENT FOR THE POLICE DEPARTMENT COMPUTER AIDED DISPATCH AND RECORDS MANAGEMENT SYSTEM May 24, 2004 Staffdiscussed with Tiburon, Inc. the desire to continue maintenance ofthe police
department CAD andRMS for a period offive years until 201O. The FY 04-05 funding requirement would be $37,977 and the subsequent amounts proj ect an annual 5% increase each fiscal year,
up to 2010, in an amount not to exceed $48,500. This contract is' contingent upon the ability ofthe Town to appropriate the funds each year and will be subject to budget approval. Staffwill
report to the Town Council should any circumstance, inclUding future modifications ofthe system, result in an increase in maintenance fees for the full term ofthe five year agreement
in excess ofthe maximum amount authorized by the attached resolution. CONCLUSION: Staffrecommends Council adopt the resolution authorizing the TownManagerto execute a five year service
maintenance agreement with Tiburon, Inc.. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: The annual maintenance
agreement cost for FY 04-05 is $37,977 and is included in the Police Department's operating budget, program 4020, account number 61503. Attachments: 1. Resolution 2. Tiburon, Inc. Agreement
fot Extended Service . 3. Tiburon, Inc. Budget Estimate Letter Distribution: General
RESOLUTION NO. RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEI\1ENT WlTH TIBURON, INC. FOR AN EXTENDED FIVE YEAR SERVICE MAINTENANCE
year; THEREFORE, BElT RESOLVED, by the Town Council ofthe Town ofLos Gatos, County ofSanta Clara, State ofCalifornia, the Town ofLos Gatos enter into an agreement with Tiburon,
Inc. for an extended five year service maintenance' agreement and that the Town Manager is authorized, and is hereby directed, toexecute said agreement in the name and on behalf of the
Town ofLos Gatos. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the__ day of__2004, by the following vote: COUNCIL
AYES: NAYS: ABSENT: ABSTAIN:
SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTACHMENT 1
CLIENT Town of Los Gatos 110 East Main Street Los Gatos, CA 95031 EXHIBIT A TO THE AGREEMENT FOR EXTENDED SERVICES SOFTWARE SUPPORTAND MAINTENANCE FEES CONTACT -Captain Alana Forrest
CLIENT # U195-04 Support and Maintenance provided to the CLIENT listed above shall be pursuant to the terms and conditions of the TIBURON Agreement for Extended Service dated September
21, 2000 (the "Agreemenf'). The term of the Agreement shall commence on the effective date and shall continue until termination in accordance with the terms thereof. This exhibit sets
forth the current annual maintenance fee for the software application"s and software modules listed below. Upon payment of the amount set forth below, this Exhibit A shall be attached
to and become part of the Agreement. Except as provided below, annual maintenance fees are payable in advance of each anniversary of the effective date of the Agreement. Tiburon reserves
the right to· increase the annual maintenance fee on an annual basis upon ninety (90) days prior written notice to the CLIENT, which adjustments shall become effective on the anniversary
of the effective date of the Agreement. The annual maintenance fee will be adjusted as necessary to reflect changes in the software applications and software modules listed below or
changes in the level of support provided under the Agreement. Such adjustments will be charged or credited as incurred on a pro rata basis and will be reflected in a new Exhibit A, .
which, upon delivery to the CLIENT, shall be attached to, and become part of, the Agreement. Payments for all technical services outside the scope of Basic Services and Options included
in the CLIENT's annual maintenance fee shall be invoiced to the CLIENT as incurred. All· such invoices shall be due and payable within thirty (30) days of CLIENT's receipt thereof. Tiburon
reserves the right to charge an administrative fee of 10% of the annual maintenance fees for semiannual or quarterly invoices. . Software Model CAD PRMS Months 12 12 CPU Make Start 8/1/04
8/1/04 End 7/31/05 7/31/05 Total Total Fees $ 13,189.00 $ 24,788.00 $ 37,977.00 Failure to pay when due the annual maintenance fee, any adjustment thereto, any invoice or any other amounts
owing under the Agreement shall constitute a default under the Agreement and could result in the termination of support services under the Agreement, additional administrative charges
for reinstating lapsed support services, as well as collection fees(including reasonable attorneys' fees and expenses). ATTACHMENT 2 Los Gatos Ex A 2004 Page 1 of 1
EXHIBIT B ·TO THE AGREEMENT FOR EXTENDED SERVICE SCHEDULE OF SERVICES AND CHARGES support and Maintenance provided to the CLIENT listed in Exhibit A shall be pursuant to the terms and
conditions of the TIBURON Agreement for Extended Service dated September 21, 2000 (the "Agreemenf'). Upon CLIENT's payment of the amount set forth on Exhibit A to the Agreement, this
Exhibit B shall be attached to, and become part of the Agreement. Any changes to the services options selected in this Exhibit B shall be reflected in a new Exhibit B which, upon payment
of any additional amounts due,shall be attached to, and become part of, the Agreement. BASIC SERVICES TIBURON will provide basic services as defined in the Statement of Work contained
in Section 2 of the Extended Service Agreement for the software systems as defined in Exhibit A. Support for Computer Aided Dispatch, Message Switch and Corrections Management Systems
is 24 hours per day, 7 days per week. Support for other products is from 8:00 a.m. to 5:30 p.m. Pacific Time, excluding weekends and normal TIBURON holidays, unless the "2417" Service
Option is selected. In all cases, call-out charges will apply as described below. . Tiburon personnel will visit CLIENT site periodically and meet with management, operations and other
user personnel to conduct an operations review of the systems and an analysis of the CLIENT's automation requirements. A report will be produced to include observations and recommendations
regarding the CLIENT's use of the system. Working with the CLIENT, this review will be further documented in the form of a multi-year automation plan for the CLIENT. There will be no
charge for this service if total annual maintenance exceeds $20,000. The following is paraphrased from the recently adopted Bylaws. Voting membership in the Tiburon User Group, as set
forth herein, is included· in the Basic Service. The quantity of voting members is based on the number of Tiburon products installed, with the appropriate software licenses, at the CLIENT.
For purposes of establishing voting memberships, a product is defined as Computer Aided Dispatch, Police Records Management, Fire Records Management, Correction Management System, and
Mobile Data System. The Tiburon User Group Conference is held annually at a lOCation to be determined. "24/7" SERVICE OPTION $7,000 per year/per system (initial) . Products not normally
covered by 24-hour support may optionally be supported with 24-hour coverage (including TIBURON holidays). Applicable call-out charges continue to apply. If this option is not in force,
technical support requests outside of covered hours are charged at technical service rates as defined below. NEW PRODUCTS Additional TIBURON software systems, subsystems and TIBURON
prOVided third-party products, such as hardware, and networking software may be acquired under this Agreement. TIBURON installation, special tailoring, license fees and third-party peripherals
required shall be charged at the then current Technical Services Rate or as quoted by TIBURON or the third party_ Los Gatos Ex B 2004 Page 1 of 2
GOLD CARD SERVICE OPTION Quote available on request A total support program is tailored for CLIENT and incluc\es a schedule of on-site visits by TIBURON personnel for data base management,
working with end users to identify and resolve problems and to apply agreed upon software changes, installation of new software products obtained through. this Agreement, and a comprehensive
training program.. (If selected by CLIENT the terms of this option are defined in the Gold Card Service Schedule and will be attached as Exhibit C and incorporated herein by reference.)
TECHNICAL SERVICE RATES 1. Technical Service Rates Technical Services Rates shall be invoiced to CLIENT as incurred at the rates then in effect. A minimum of four (4) hours per occurrence
will be charged for work conducted at TIBURON facilities and a minimum of eight (8) hours at CLIENT site for Technical Services not covered under Basic Services or "24/7" Service Option
as described previously. 2. Materials. Travel and Per Diem Expenses When applicable, all special materials, plus travel and per diem expenses shall be charged to CLIENT at cost. 3. Call-Out
Charges Systems not covered under 24/7 support, call-outs will be bHled at $250 per call. After the first hour, therate is $250 per hour with a two-hour minimum. If CLIENTs systems are
covered under the 24/7 support, the off-hour call-out fee is $50. 4. Remote Access All charges in. this Agreement are predicated on CLIENT providing the required hardware, software,
and operating environment for dial-in service. If CLIENT does not provide this support for dial-in service, the following additional chargewill apply: $500 per month per system supported
In addition, travel and per diem expenses for on-site support required due to lack of remote access will be charged as defined in Exhibit B, page 2, item 2. Los Gatos Ex 8 2004 Page
2 of2
-0 "--=-'riburo"o A CompuDyne Company May 20, 2004 Captain Alana Forrest Los GatoslMonte Sereno Police Department 110 East Main Street Los Gatos, Ca 95031 Subject: Budget Estimate for
Maintenance Service Tiburon, Inc. Tiburon Business Center 39350 Ci\'ic Center Drive Fremont, CA 94538 Phone: 5Iil-792-210R Fax: 510-792-2897 U195 Reference: Agreement for Extended Service
between Town ofLosGatos and Tiburon, Inc. Dear Captain Forrest: Tiburon is pleased to present the Town ofLos Gatos with this Budget Estimate for five years of maintenance service for
the Computer Aided Dispatch System (CAD) and the Records Management System (RMS). The annual breakdown is as follows: 1) All terms and conditions ofthe referenced agreement remain unchanged
and in full force and effect. 2) Tiburon will invoice the Town ofLos Gatos annually in continuance ofthe current practice. 3) Maintenance for the Field Automated System (FAS) in not
included in the above totals. FAS maintenance assumes acceptance of system by 5/31104 with system going into warranty 6/1104. Therefore, the first year ofpaid maintenance for this system
will be 14 months and invoiced in 2005. ATTACHMENT 3
4) Estimated maintenance figures above assume no enhancement work Of ancillary systems will be added to the currently installed system at the Town of Los Gatos. Arty enhancement work
or add-on systems will increase the estimated maintenance figures above. 5) Annual maintenance increases are estimated at 5% as described in the agreement. If you have any questions
or require further information, please contact me at your convenience. Sincerely, Kevin Badgley Business Development, Western Division cc: Trish Layne, Vice President Western Division
Diva Ceballos, Operations Manager