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09 - Amendment to Contract No. 5505
Q �EwPpRr CITY OF O rt z NEWPORT BEACH <,FoP City Council Staff Report June 28, 2016 Agenda Item No. 9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org PREPARED BY: Jonathan Stafford, Deputy Director, Police Services, jstafford@nbpd.org PHONE: 949-644-3650 TITLE: Amendment No. 4 to Contract No. 5505 with SunGard Public Sector, LLC Staff is requesting City Council approval to amend the existing contract with SunGard Public Sector, LLC to increase the total contract amount by $350,000 to pay for Computer Aided Dispatch/Records Management System ("CAD/RMS") project closeout invoices, purchase enhancements/upgrades and allow contract authority for future projects. RECOMMENDATION: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Approve Amendment No. 4 to Contract No. 5505 with SunGard Public Sector, LLC, of Lake Mary, Florida, in the amount of $350,000 for Police and Lifeguard CAD/RMS purchases, and authorize the Mayor and City Clerk to execute the amendment. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this purchase. Closeout costs will be expensed to the CAD/RMS project account in the Police Department, 7657652- 811008, and specified enhancements will be expensed to the Contractual Services account in the Police Department, 01035353-811025. Future projects and ongoing maintenance costs will be funded within the adopted budget or via budget amendment, as appropriate. 9-1 Amendment No. 4 to Contract No. 5505 with SunGard Public Sector, LLC June 28, 2016 Page 2 DISCUSSION: The requested contract amendment is needed to provide authority for three purposes: 1) To close out the main CAD/RMS project expenses in the amount of $191,505. The three-year CAD/RMS project is within budget. Contract not -to -exceed authority must be increased to pay the final project acceptance invoices. 2) To purchase two new critical interfaces and reestablish the interface with a key regional information -sharing system. The initial cost will be $49,700 with ongoing annual maintenance costs of $7,075. The Police Department participates in the countywide Brazos Technology electronic citation ("e -citation") system which can also be used to write traffic accident reports. Interfaces between Brazos and SunGard are required to feed the e -citation and traffic accident data back into the Police Department's RMS, thereby eliminating manual data entry and enabling investigations and crime analysis. The Police Department's interface with the CopLink regional information -sharing system was disconnected during the implementation of the new CAD/RMS and must be reestablished. 3) To establish a new "not -to -exceed" contract amount that will allow for future projects with SunGard, such as enhancements/upgrades, training and other services in the amount of $101,720. Funding for future projects will be expensed to the Police Department or Marine Operations adopted budget or will be allocated via the normal budget amendment process. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. ki rel drel 101rcm The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Amendment No. 4 to Contract No. 5505 9-2 ATTACHMENT A AMENDMENT NO. FOUR TO THE SOFTWARE LICENSE AND SERVICES AGREEMENT AND SOFTWARE MAINTENANCE AGREEMENT WITH SUNGARD PUBLIC SECTOR, LLC THIS AMENDMENT NO. FOUR TO THE SOFTWARE LICENSE AND SERVICES AGREEMENT AND SOFTWARE MAINTENANCE AGREEMENT ("Amendment No. Four") is made and entered into as of this 28th day of June, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and SUNGARD PUBLIC SECTOR, LLC, a Florida limited liability company ("Consultant"), whose address is 1000 Business Center Drive, Lake Mary, Florida 32746, and is made with reference to the following: RECITALS A. On June 28, 2013, City and Consultant entered into a Software License and Services Agreement and a Software Maintenance Agreement ("Agreements") for Consultant to provide maintenance, enhancements, and licensing ("Services") for Computer Aided Dispatch/ Records Management System ("CAD/RMS"),new releases of Baseline software, and custom modifications as defined and identified in Exhibit 1 within the Agreements ("Project"). B. On August 15, 2014, City and Consultant entered into Amendment No. One to the Agreements ("Amendment No. One") to reflect additional, deleted, and modified services not previously included in the Agreement, and to increase the total compensation. C. On November 21, 2014, City and Consultant entered into Amendment No. Two to the Agreements ("Amendment No. Two") to reflect additional, deleted, and modified services not previously included in the Agreement, as amended, and to increase the total compensation. D. On August 14, 2015, City and Consultant entered into Amendment No. Three to the Agreements ("Amendment No. Three") to reflect additional services not previously included in the Agreement, as amended, and to increase the total compensation. E. The parties desire to enter into this Amendment No. Four to reflect additional services not included in the Agreement, as amended, to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 9-3 1. SERVICES TO BE PERFORMED Exhibit 1 to the Software License and Services Agreement and Exhibit 1 to the Software Maintenance Agreement shall be supplemented to include the Add -On Quotes (which shall be governed by the additional terms contained therein), attached hereto as Exhibit 1, and are incorporated herein by reference. The City may elect to delete certain Services within the Add -On Quotes at its sole discretion. 2. COMPENSATION TO CONSULTANT Pursuant to the Add -On Quotes attached hereto as Exhibit 1, the compensation that may be paid to Consultant pursuant to the Software License and Services Agreement shall be increased by Forty Nine Thousand Seven Hundred Dollars and 001100 ($49,700.00), and the total compensation that may be paid to Consultant pursuant to the Software Maintenance Agreement shall be increased by Seven Thousand Seventy Five Dollars and 001100 ($7,075.00) for a total not to exceed amount, excluding any travel & living expense reimbursement and/or taxes, of Fifty Six Thousand Seven Hundred Seventy Five Dollars and 001100 ($56,775.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. Subsequent to the execution of Amendment No. Three on August 14, 2015, Consultant provided extra services and maintenance as documented in Exhibit 2 attached hereto and incorporated herein. As a result, the compensation due to Consultant is One Hundred Ninety One Thousand Five Hundred Five Dollars and 001100 ($191,505.00). In anticipation of future Service upgrades and enhancements that are likely to be provided by Consultant to City, this Amendment No. Four authorizes the compensation to Consultant for such future Services in an amount that shall not exceed One Hundred One Thousand Seven Hundred Twenty Dollars and 00/100 ($101,720.00) As a result of this Amendment No. Four, the total compensation that may be paid to Consultant pursuant to the Agreements is increased by Three Hundred Fifty Thousand Dollars and 001100 ($350,000.00). The total amended compensation reflects Consultant's additional compensation for additional and potential future Services to be performed in accordance with this Amendment No. Four, including all reimbursable items and subconsultant fees and excluding any travel & living expense reimbursement and/or taxes, in an amount not to exceed One Million Seven Hundred Eighty Four Thousand One Hundred Twenty Nine Dollars and 00/100 ($1,784,129.00). Ti1=1L410 TJI=1k4l111K 3.1 The Agreements, as amended, may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the SunGard Public Sector, LLC Page 2 City Attorney. The City Manager is authorized to execute any future modifications or amendments to the Agreements on behalf of the City. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] SunGard Public Sector, LLC Page 3 9-5 IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp CAM 0(01iuilU City Attorney ATTEST: Date: MM Lelani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date:. By: Diane B Mayor Dixon CONSULTANT: SunGard Public Sector, LLC, a Florida limited liability company Date: By: Tom Amburgey Vice President Date: By: Robert Valvano Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit 1 — Add -On Quotes for Services Exhibit 2 — Extra Services SunGard Public Sector, LLC Page 4 EXHIBIT 1 ADD-ON QUOTES FOR SERVICES SunGard Public Sector, LLC Page A-1 9-7 SunGard Public Sector Inc. Phone: 916.933.7132. Fu:. F—d: dearipaur@sunpulps.com SUNGARD� _ Add -On Quote PUBLIC SECTOR I Date Q�°te# A"`"V 05/30/16 DAJPQ1347 I Dean Paur Quote Prepared For. Newport Beach Police Department Jonathan Stafford 870 Santa Barbara Drive Newport Beach, CA 92660 Phone: 949-644-3650 Qty Part Number Product Description Unit Price Extended Annual Price Maintenance RNIS-COST-MOD IN ITRFACET'O IMPORT' CRASH DATA FROM BRA70S TO $36,720.00 $36,720.00 $5,875.00 ONESOLLMON R\LS This is a one-way crash/accident interface that imports %\B, formatted crash records from the Brazos field reporting system to the ONtSolution RMS accident module. New records made available from Brazos will be inserted into RMS after the names and vehicles associated with the crash have been candidated against names and vehicles already present in the RIMS. An included Data Import Service will perform the importing of Brazos data into the OSSIMOB database pending name and vehicle candidaung. Customers receiving the Data Import Sense MUST have the SunGard Mobile field Reporting server side database (OSSIMOB) applications installed and operating in order for the interface to function as designed. Quote includes PM and -A1C services. '"ATI costs provided by SunGard regarding new development or modifications am costs for SunGard's participation in the development. Any Third Party costs required for the completion of the project have not been included in SunGud's pricing• This quote is valid until 08/30/16 Mt.].. r=$875.00 This Quote constitutes an Amendment to the Software license & Senices Agreement and the Maintenance Agreement (together, the "Contractand Agreement') by and bet ween the parties hereto. The product and pricing information detailed above competes the "Filubt 1" schedule attached to this Amrndment. E—pt as otherwise provided herein, all terms and conditions of the Contract and Agreement shall remain in full force and effect. Any interfaces listed above arc interfaces only. Customer shall be responsible for obtaining the applicable software, hardware and system software from the appropriate thiel party vendor. Any software applications listed shove which are solely owned by SunGard Public Sector are "Component Systems" under the provisions of the Comract and Agreement Before signing this Quote, please contact your Account manager if you are rot certain which software applications arc owned by SunGard Public Sector. Any hardware or other third party products and services listed above, including third parry softs -am, are "Pay Agency Products" under the provisions of the Contract and Agreement. For training and on-site project management sessions which arc cancelled at the request of Customer w dun (burteen (IS) days of the scheduled start date, Customer is responsible for entire price of the training or on-site project management plus incurred expenses. Payment Terms are as Follows: Lcense, Prgecr Management, Hardware and Third Party Software Fees are due upon execution of this Quote. Installation is due upon completion Custom Modifications, Devclopmem, Conversion, Hardware andThird Parry Software Implementation is due 3001, on executiorn of thus Quote, and 50% due upon invoice, upon completion. Unless otherwise provided, other Professional Services arc due monthly, as such services are delivered. Additional services, if requested, will be invoiced at then -current rates. Training and Travel/Luing e:pcnses are due as incurred monthly. Any slopping charges shown are estimated only - actual shipping charges will be due upon delivery. SunGard Public Sector Application Annual Support - the initial term of Maintenance and Support Services is included in license Fees and begins upon execution of this Quote and extends for a twelve (?) month period. Subsequent terms of support will be for twelve (122) month periods, commencing at the end of the initial support period. Support fees shown for the second term of support shall be due prior to the start of that term. Fees for subsequent terms of support will be due prior to the start of that term at the then prevailing rate. •Mord Party Application Annual Support Fees - payment terms shall be as provided by the Tlmd Party to Customer with the exception that any fees luted above for the initial term of support are due upon execution of this Quote. Accepted: Newport Beach Police Department Signature Date Printed Name 5/30/22016 10:17?I StMGAFV PUBLIC SECTOR DA)PQ1347 Page 2 r OSSI SunGard Public Sector Inc. Phone: 916.933.7132 - Fax: - Finan: dean.paurCsurigardps.com SUNGARD' Add -On Quote PUBLIC SECTOR Dao Quote Acct "`u 05/30/16 1 DAJPQ1411 Dean Paur Quote Prepared For. Newport Beach Police Department Jonathan Stafford 870 Santa Barbara Drive Newport Beach, CA 92660 Phone: 949.641-3650 Qt}' Part Ntrrnber Product Description Unit Price Gxtended Annual Price Aizintcnance I RAIS-GUST-MOD RMS Brazos Citations Interface $7,500.00 $7,500.00 S1,200.00 This is a one way interface from Brazos Citations into SunGard MIS Citations. SunGard RMS will impon citation information pm%ided by Brains Technologies' Citation System into the SunGard RMS Citation module. The following fields will be imported: Citation Number, Violator's Name/Sex/Race, Offense, Dare/Time, Officer's Namc, and I.ticatiim. Note: This Ime item is for SurrGard's side of the interface only. The customer is responsible for any costs for Brazos Technologies to export this data. I R\LS-PROJ-\IG\T PROJECT'\L3NAGl SIF' -N7 -FOR R\IS $1,280.00 $1,280.00 SOd10 Includes professional services from SunGard for management oversight and coordination with the Customers project management, SunGard's internal resources and any third party vendors. Includes coordinaung with the customer's protect manager all SunGard related deliveries such u application software, implementation services, and scheduling of SurrGanfs resources with the customer. I RNIS-PROIc-ADD-I.%fPL ADDI'ITONALISIPI.fiAfri\T.ATIONPROFESSION.V. $2,800.00 $2,800.00 SaOn SERVICLS Implementation Senices for Brains Gtation Interface FT.W. This quote is valid unn108/30/16 $1,2 9-10 This Quote constitutes an Amendment to the Sofosare license & Services Ageement and the Maintenance Agreement (together, the "Contract mid Agecment � by and between the parties hereto. The product and pricing information, detailed above comprises the "Exlubn I" schedule attached to this Amendment. Except as otherwise provided herein, all terms and conditions of the Contract and Agreement shall remun in full force and effect. Any interfaces listed above are interfaces only. Customer shall be responsible for obtaining the applicable software, hardware and sysrem software from the appropriate third party vendor. .Any software applications listed above which are solely owned by SunGard Public Sector are "Component Systems" under the provisions of the Contract and Agreement. Before sighing this Quote, please contact your Account manager if you are not certain which software applications are owned by SunGard Public Sector. Any hardware or other third party products and services listed above, including third party software, are "Pay Agency Products" under the provisions of the Contract and Agreement. For training and on-site project management sessions which are cancelled at the request of Customer vahm fourteen (la) days of the scheduled start date, Customer is responsible for entire price of the training or on-site project management plus incurred expenses. Payment Teens are as Follows: license, Project Management, Hardware and Third Party Software Fees are due upon execution of this Quote. Installation is due upon completion. Custom Modifications, Development, Conversion, Hardware and •Ilurd Party Software Implementation is due W,'* on execution of this Quote, and 30% due upon invoice, upon completion. Unless otherwise provided, other Professional Services are due monthly, as such services are delivered. Additional services, if requested, will be invoiced at then -current rates. Training and Tnvcl/living expenses arc due as incurred monthh•. Any shipping charges shown arc estimated only - actual shipping charges will be due upon delivery. SunGard Public Sector Application Annual Support - the initial term of Maintenance and Support Services is included in license Fees and begins upon execution of this Quote and extends for a twelve (12) month period. Subsequent terms of support will be for twelve (12) month periods, commenang at the end of the initial support period. Support fees shown for the second term of support shall be due prior to the start of that temp. Fees for subsequent terms of support will be due prior to the start of that term at the then prevailing rate. Third Party Application Annual Support Fees - payment terms shall be as provided by the Third Party to Customer with the exception that any fees listed above fur the initial term of support am due upon execution of this Quote. Accepted: Newport Beach Police Department Signature Date Printed Name 5/30/1016 1137:51 SLMQAFW PUBLIC SECTOR OSSI D.AJPQ1111 Paget oft 9-11 SunGard Public Sector Inc. Phone: 914.933.7132 - Fax: - Email: dean.paur(a)—gardps.crnn SUNGARD' Add -On Quote /30/ Q'°"# ""`"`u PUBLIC SECTOR 05/30/16 DAJPQ1378 Dean Paur Quote Prepared For. Newport lurch Police Department Jonathan Stafford 870 Santa Barbara Drive Newport Bach, CA 92660 Phone. 949-644-3650 Qty Part Number Product Description Unit Price F.ztended Annual Pnce Alaintenance IMS-PROF-ADD-IMP1, ADD1770NAI.l.\IPl.li\1Eh1'd'17ON PROFESSIONAL $1,400.00 $1,400.00 $0,00 SER\'ICF:' Coplink implementation unstance. One (1) day of remote service. The service will include transactional replication of the production RATS database to a separate SQL server excluding tables relating to Internal affairs data (Professional Standards) 'Ihe table exclusion was provided by Ake Garrser. Employee replication is added via merged replication. A read only SQL server account would be created aril provided to Coplink. The client will be expected to provide SunGard a windows server and SQL licensing for the replication server. 'Ibis guom is valid until 08/30/14 T�F �SO 00 9-12 This Quote constitutes an Amendment to the Software license & Services Agreement and the Maintenance Agreement (together, the "Contact and Agreement') by and between the parties hereto. The product and pricing information detailed above comprises the "1 xhibit 1" schedule attached to this Amendment. Except u otherwise provided hetero, all terms and conditions of the Contract and Agreement shall remain in (sill force and effect. Any interfaces listed above arc interfaces only. Customer shall be responsible for obtaining the applicable software, hardware and system software from the appropriate third party —dor. Any software applications listed alcove which are solely owned by SunGard Pubhc Sector are "Component Systems" under the provisions of the Contract and Agreement. Before signing this Quote, please contact your Account manager if ym are not certain which software applications are owned by SunGard Public Sector. Any hardware or other third party products and services listed above, including third party, software, arc "Pay Agency Products" under the provisions of the Contract and :lgreement. For training and on-site project management sessions which arc cancelled at the request of Customer within fourteen (14) days of the scheduled start date, Customer is responsible for entire price of die training or on-site project management plus ;muffed expenses. Payment Terms are as Follows: license, Project Management, l lardavare and Third Party Software Fees are due upon execution of this Quote. Installation rs duc upon completion. Custom Modifications, Development, C inversions,, I lardw•are and Third Party Software Implementation is due 50% on execution of this Quote, and 50% due upon invoice, upon completion. Unless otherwise provided, other Professional Services are due monthly, as such services are elch red..Additronal services, rf requested, will be invoiced at then -current rates- Training and Tavrol/h%i g expenses are duc u in and monthly. Any shipping charges shown are estimated only - acral shipping charges will be due upon deliver•. SunGard Public Sector. Application annual Support - the rmtial icon of Maintenance and Support Series is included in license Fees and begins upon execution of this Quote and extends for a twelve (1 –7) month period. Subsequent terms of support will be for twelve (1 22) month periods, commencing at the end of the rmnal support period Support fees shown for the second term of support shall be due pdor to the start of char term. Fees for subsequent terms of support will he due prior to the star of that term at the then prevailing ate. Third Party Application annual Support Fees - payment terns shall be as provided by the Third Parry to Customer with the exception that any fees listed above for the tonal term of suppon are due upon execution of this Quote. Accepted: Newport Beach Police Department Signature Date Printcd Name 5/30/2016 11 :39:11 SYNGAM PUBLIC SECTOR D.AJPQl378 Page 2of2 OSSI 9-13 EXHIBIT 2 EXTRA SERVICES SunGard Public Sector, LLC Page B-1 9-14 SUN"RD" PUBLIC SECTOR Invoice 1000 Business Center Drive Lake Mary, FL 32746 800-727-8088 www.sungardps.com No SKU CodelDescriptionlComment Units Rate Extended Contract No. 1 RMS Add'I Implementation Prof Svcs - CLETS IF, 75% Due upon Written Acceptance, Contract 1.00 1,050.00 1,050.00 # 130524 2 RMS Add'I Implementation Prof Svcs - OCATS IF, 75% Due upon Written Acceptance, Contract 1.00 1,050.00 1,050.00 # 130524 3 JMS Add'I Implementation Professional Services, 75% Due upon Written Acceptance, Contract 1.00 17,490.00 17,490.00 # 130524 4 Implementation Services for the Bar Coding Hardware, 75% Due upon Written Acceptance, 1.00 1,050.00 1,050.00 Contract # 130524 5 Implementation Services for the Data Backup Solution, 75% Due upon Written Acceptance, 1.00 1,050.00 1,050.00 Contract # 130524 6 OnSite Installation for Application Servers, 75% Due upon Written Acceptance, Contract # 1.00 4,200.00 4,200.00 130524 7 Implementation Services for the Virtualization Software, 75% Due upon Written Acceptance, 1.00 9,450.00 9,450.00 Contract # 130524 8 RMS Custom Mod - OCATS I CLETS Interface, 75% Due upon Acceptance, Contract # 130524 1.00 38,625.00 38,625,00 Contract Na, 9 Tax (Type - CV) 1.00 0.00 0,00 10 Tax (Type - IN) 1.00 0.00 0.00 11 Tax (Type - PM) 1.00 0.00 0.00 Page Total 73,965.00 Remit Payment To: SunGard Public Sector Inc. Bank of America Subtotal 73,965.00 12709 Collection Center Drive Sales Tax 0.00 Chicago, IL 60693 Invoice Total 73,965.00 Payment Received 0.00 Balance Due 73,965.00 PSA Reference Number: LOSSI-2015-5057 9-15 SUNGAR©` PUBLIC SECTOR INVOICE: 1000 Business Center Drive Lake Mary, FL 32746 800-727-8088 www.sungardps.com No SKU CodelDescriptionlComment Units Rate Extended Contract No. 117,540.00 12709 Collection Center Drive Sales Tax 1 RMSAdd'I Implementation Prof Svcs - Orange Co Booking Forms, 75% Due upon Written 1.00 2,100.00 2,100.00 Acceptance, Contract # 130524 Invoice Total 117,540.00 2 RMS Add'I Implementation Professional Services, 75% Due upon Written Acceptance, Contract 1.00 47,040,00 47,040.00 # 130524 PSA Reference Number: LOSSI-2015-6614 3 CAD Add'I Implementation Professional Services, 75% Due upon Written Acceptance, Contract 1.00 52,200.00 52,200.00 # 130524 4 RMS Custom Mod - 0range County Booking Farms, 75% Due upon Acceptance, Contract # 1.00 18,200.00 16,200.00 130524 Contract No. 5 Tax (Type - CV) 1.00 0.00 0.00 6 Tax (Type - PM) 1.00 0.00 0.00 Page Total 117,540,00 Remit Payment To: SunGard Public Sector Inc. Bank of America Subtotal 117,540.00 12709 Collection Center Drive Sales Tax 0.00 Chicago, IL 60693 Invoice Total 117,540.00 Payment Received 0.00 Balance Due 117,540.00 PSA Reference Number: LOSSI-2015-6614 9-16