HomeMy WebLinkAboutIT15-024 - Original - Tiburon, Inc. - SECTOR Interface for Tiburon RMS System - 01/31/2015 Records •P 5 em
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Tiburon Inc.
Vendor Number: 42845
ID Edwards Number
Contract Number: ! 1S - Ci?-H
This is assigned by City Clerk's Office
Project Name: SECTOR Interface for Tiburon RMS System
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
I
Contract Effective Date: 1/31/2015 Termination Date: 12/31/2015
Contract Renewal Notice (Days): 90
Number of days required notice for termination or renewal or amendment
Contract Manager: Curt Ryser Department: Information Technology
Detail: (i.e. address, location, parcel number, tax id, etc.):
Goods and services contract with Tiburon Inc in support of EP-2354 for an interface to be
developed to import data from the SECTOR collision and citation system directly into
Tiburon RMS system.
S:Pubilc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
KENT
GOODS & SERVICES AGREEMENT
between the City of Kent and
Tiburon Incorporated
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Tiburon Incorporated organized under the laws of the
State of California, located and doing business at 3000 Executive Parkway, Suite 500, San
Ramon, CA 94583 (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following
services for the City:
Tiburon Inc. will provide the scope of work and services as identified in Exhibit A -
Enhancement Proposal Letter and the attached Exhibit 1-A - Statement of Work.
Vendor acknowledges and understands that it is not the City's exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these
goods, materials, and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall
complete the work and provide all goods, materials, and services by December 31, 2015,
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed The
fixed price for the work to be completed Is $45,700, including applicable Washington State Sales
Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay
the Vendor the following amounts according to the following schedule:
50% of the total cost is to be invoiced and payed upon acceptance of the
enhancment proposal,
50% of the total cost is to be paid upon the interface being placed into production.
(There will be an additional $4,788 added to the annual software and maintenance
agreement effective when the completed interface is placed into production that will
be paid from the Information Technology annual software/hardware maintenance
line item that is approved during the budget process.)
If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves
the optiun to only pay that portion of the invoice not in dispute. In that event, the parties will
immediately make every effort to settla the disputed portion.
GOODS 8 SERVICES AGREEMENT - 1
(Over$10,000,00, including WSST)
A. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Vendor for any defective or unauthorized goods, materials or services. Vendor
will re-perform any work that is defective or replace any used or unauthorized
goods and/or materials.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT
SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME
REQUEST FOR FINAL PAYMENT IS MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Vendor has the ability to control and direct the performance and details
of its work, the City being interested only in the results obtained under this
Agreement.
B. The Vendor maintains and pays for its own place of business from which
Vendor's services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the
City retained Vendor's services, or the Vendor is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Vendor has registered its business and established an account with the
state Department of Revenue and other state agencies as may be required
by Vendor's business, and has obtained a Unified Business Identifier (UBI)
number from the State of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings
of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement.
VI. CHANGES. Any and all changes to the scope of terms of the work contemplated in
this Agreement must be documented in a written change order agreed to by both parties, and
both parties will work in good faith to incorporate the changes with the least impact to project
cost and time for completion. The Vendor accepts all requirements of an amendment by: (1)
endorsing it or (2) writing a separate accept-ante. An amendment that is accepted by Vendor as
provided in tfJs section alone with receipt cf all agreemem: related payments shall constitute full
payment and final settlement of all claims for contract time and for direct, indirect and
GOODS & SERVICES AGREEMENT - 2
(Over$10,000.00, including WSST)
consequential costs, including costs for delays related to any work either covered or affected by
the change.
VII. CLAIMS. If. the Vendor disagrees with anything required by an amendment,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Vendor may file a claim as provided in this
section. The Vendor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts or events giving
rise to the claim, whichever occurs first , Any claim for damages, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred
as a result of the asserted events giving rise to the claim. The City shall have
access to any of the Vendor's records needed for evaluating the protest.
I
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Vendor's Duty to Complete Protested Work, In spite of any claim, the Vendor shall
proceed promptly to provide the goods, materials and services required by the City
under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Vendor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
GOODS & SERVICES AGREEMENT - 3
(Over$10,000.00, including WSST)
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Vendor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
VIII. WARRANTY. This Agreement is subject to all warranty provisions established
under the annual Master Support Agreement renewed each year with the City's annual
maintenance and support.
IX. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on
behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract
work, file the attached Compliance Statement.
X. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Vendor's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Vendor refuses tender of defense in any suit or any claim, if that tender was
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a
court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable
expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred
because there was a wrongful refusal on the Vendor's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XI. INSURANCE. The Vendor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
XII. WORK PERFORMED AT VENDOR'S F.ISK. Vendoi shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors
GOODS & SERVICES AGREEMENT - 4
(Over$10,000.00, including WSST)
:n the performance of the contract work and shall utilize all protection necessary for that
purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any
ioss of or damage to materials, tools, or other articles used or held for use in connection with the
work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties` performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including ail appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section XI of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent. However, Vendor may
assign, or otherwise transfer, this Agreement without the prior written consent of the City to a
successor of all or substantially all of Vendor's business in connection with a sale or acquisition,
F. Modification, No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the Cizy, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. Ho%A ever, should any language in any of
GOODS & SERVICES AGREEMENT - 5
(Over$10,000.00, including WSST)
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Vendor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. City Business License Required. Prior to commencing the tasks described in Section
I, Contractor agrees to provide proof of a current city of Kent business license pursuant to
Chapter 5.01 of the Kent City Code.
J. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
K. Limit on Liability. In no event shall either party be liable for any damages
resulting from loss of profit or business, or for any special, indirect, punitive, incidental or
consequential damages, whether arising in an action of contract, tort or other legal theory and
regardless of whether such party knew or should have known of the possibility of such
damages, The laws in some states do not allow the exclusion or limitation of incidental or
consequential damages, and the above limitation or exclusion shall be construed so as to give it
the maximum practical effect without violating such laws. If a court of competent jurisdiction
determines that relevant laws in force may imply warranties and liabilities which cannot be
excluded or limited or which can only partly be excluded or limited, then the limits on Tiburon's
liability set out in this agreement shall apply to the fullest extent permitted by law. Tiburon's
liability for any claim arising specifically from the enhancement work described in this
Agreement, whether In tort, contract or otherwise, shall be limited to $100,000 which is around
2 times the amount paid to Tiburon under this agreement with applicable taxes.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
VENDOR: CITY OF KENT:
BY — By:
(signature) / — (signature)
Print Name: 5c n eqw, /I Print Name: Ouzette Cooke
Its �� m +r Its —'Mayor
01le)
DATE: 1E /x.1Ye .6i4 DATE: r'`"
fr
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Scott Carroll Curt Ryser
Tiburon Incorporated City of Kent
?000 Executive ?arkway, Suite 500 22D Fourth Avenue South
San Ramon, CA 94583 Kent, WA 58032
GOODS & SERVICES AGREEMENT - 6
(Over$10,000.00, including WSS7)
(800) 428-553/ (telephone) (253) 856-4642 (telephone)
'925) 621-2799 (facsimile) (253) 856-4735 (faCSiM!IE
APPROVED AS TO FORM:
1.v
IV
Kent Law Department
GOODS & SERVICES AGREEMENT - 7
(Over$10,000.00, including WSS T)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
For:
Title: aqvAtyf _ w„�tee
Date:
EEO COMPLIANCE DOCUMENTS - t of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
I. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
I
I
EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By;
For:
Title: r.crr Ar ..itV
Date: azl2y �4
EFO COMPLIANCE DOCUMENTS - 5 of 3
Exhibit A - Enhancement Proposal Letter and Scope of Work
November 8,2013
Mr.Curt Ryser
City of Kent
220 Fourth Ave.,South
Kent, W A 98032.5895
Subject: Enhancement Proposal(EP)-2354 Citation and Collision Data Upload
Reference: Master Support Agreement between the City of Kent and Tiburon dated
September 9,2005
i
Dear Mr.Ryser, ICI
Tiburon,Inc.is pleased to present the City of Kent(hereinafter,"Client")with this Enhancement Proposal
for Citation and Collision Data Upload(hereinafter,referred to as the"Proposal").
Scone Description and Responsibilities
The attached Exhibit 1,Statement of Work("SOW")describes the project tasks,responsibilities of each
party and defined completion criteria.
Price Description
1)Firm fixed price:$41,724
2) Upon achievement of the completion criteria set forth in the SOW the Tiburon Annual Maintenance
Fee will increase by$4,788.This additional maintenance fee will be prorated and added to the
following year's annual maintenance renewal.
3)This Proposal does not include:
• Warranty
• Documentation
• Hardware or third party products or services li
• Travel and on-site time
4) Any taxes levied by a government agency.Taxes,if applicable are the sole responsibility of the
Client.
Effective Date and Payment Schedule
1) The work described herein will be scheduled to commence at a mutually agreeable date after Client's
acceptance of this Proposal.
Tiburon,Inc.?000 Executive Parkwe},,Suite 500,San Rained,CA 94583 t:925-62!-2700 C 925-621-2791-
Exhibit A - Enhancement Proposal Letter and Scope of Work - 1 of 4
City of Kent
Ell-2354:Citation and Collision Data Upload
Page 2 of 3
2)Payment Schedule:
• 50% Upon Tiburon receipt of the signed acceptance of this Proposal.
0 50% Upon achievement of the completion criteria set forth in the SOW.
Note:No scheduling of resources will occur until after the first payment milestone is paicIA'his
Proposal may be cancelled at Tiburon's discretion upon written notice to Client if the first payment
milestone is not paid when due.
3) Client's acceptance ofthis Proposal in the signature block provided below authorizes Tiburon to
proceed with the work described herein and confirms funding will be obligated.Any requisite
contractual documents required by Client's purchasing procedures are the responsibility of the Client.
4) The terms and conditions of the above referenced Agreement,and this Proposal prevail regardless of
any conflicting or additional terms and conditions on any Purchase Order or other
correspondence.Any contingencies or additional terms obtained on any Purchase Order are not
binding upon Tiburon.All Purchase Orders are subject to approval and acceptance by Tiburon.
This fixed price Proposal is valid through January 31,20 t5. Initials: Tiburon—z Kent
Upon review and acceptance of this Proposal,please have a duly authorized person sign below and return
the signed copy of the Proposal to Judy Basnett by email at:Judy.Basnettna,tiburoninc.eom or fax 510-
217-6466.if you have any questions or require further information,please contact Judy Basnett at 650-
245-6702,at your convenience.
Sincerely,
Vl,mil'd 1'.;A.
Vincent Tedesco
SVP,Operations
Attachment:
Exhibit 1 -Statement of Work
By this signature,Client accepts this Proposal:
Signaldre�,- Date 1F
Printed Name 1�it e f I„J
Tiburon,Inc.3000 fixecutive Patkwsy,Suite 500,San Ramon,CA 94583 t 925 621-27110 F.925-621-2799
Exhibit A - Enhancement Proposal Letter and Scope of Worl - 2 of 4
City of Kent
EP-2354:Citation and Collision Data
Upload
Page 3 of 3 '.....
Exhibit A-1 - Statement of Work
i
Scope Description
Remotely.Tiburon will modify Client's Tiburon system to enable a batch Citation and Collision Import
to read flat ASCII fixed-length formatted files of a Tiburon defined layout from a shared directory and
load them into the Tiburon Law RECORDS Citation and Collision modules using the standard processing.
Tiburon will also provide a new batch application to reach raw traffic accident data and load it into the
LawRECORDS Incident module Accident tabs.Available data will be mapped to existing data elements j
in both cases.
Tiburon will customize Client's Traffic Management module and all other areas in the system(ARS,
Incident,Warrant and Alpha)to support a free form citation number.This requires the Citation Issue
Book Tracking feature to be disabled as there is no set logic to find the unedited citation number in an
unedited citation range.
Tiburon will customize the Law RECORDS Traffic Collision module with the following changes:
1) On the Traffic Collision tab,make the Violation(s)and Prop Damaged?fields non
mandatory
2) When doing new data entry from the Collision application on the menu,on the
Incident tab,set the Crimellncident field(aka Nature of Call or Incident Type field)
to default to the"Collision(N)"value
3) When doing new data entry from the Collision application on the menu,on the
Vehicle tab,set the Involvement field to default to the"ACe"value
Tiburon Responsibilities
1)Modify the application per the Scope Description.
2)Install the modified code in Client's test environment.
3)Upon Client's testing,correct any discrepancies in operation based on the Scope Description,
4) Install the modified code in Client's production environment.
Client Responsibilities
1) Designate a person to be the principal point of contact for all technical questions and administrative
arrangements relating to this Proposal.
2) Provide VPN access to Tiburon.
Tiburon,Inc.3000 Executive Parkway,Suite 500,San Ramon,CA 94583 t:925-621-27001.925-6?1-2199
Exhibit A — Enhancement Proposal Letter and Scope of Work - 3 of 4
City of Kent
EP-2354:Citation and Collision Data Upload
Page 4 of 3
3) As required,coordinate the participation of non-Tiburon provided third parties and outside agencies.
4) Complete testing of the modified code within ten(10)business days from receipt of Tiburon's
notification the code is ready for testing to ensure conformance with the Scope Description,
Completion Criteria
This work will be considered complete ten(10)business days after Tiburon has provided the Client with
written notification that the modified code is ready for testine in the test system.or has been placed into
production,whichever comes first,If Client does not confirm completion with a sign off letter presented
by the Tiburon nroieet manaeer within ten 00)business days of submitted of such letter-or otherwise
notifies Tiburon in writine why completion sien-off has not been provided anv final invoice(s)will be
issued and will be payable in accordance with the payment terms of this Proposal.
'Tiburon,1110,3000 Fxecutive Parkway,Suite 500,San Ramon,CA 94583 t:925-621-2700 P 925-621-2799
Exhibit A - Enhancement Proposal Letter and Scope of Work - 4 of 4
EXHIBIT B
INSURANCE REQUIREMENTS FOR
GOODS & SERVICE AGREEMENTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below;
Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal Injury and
advertising injury, and liability assumed under an insured
contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement
ISO form CG 25 03 1185. The City shall be named as an
insured under the Contractor's Commercial General Liability
insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11
85 or a substitute endorsement providing equivalent
coverage.
1. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
2. Professional Liability insurance appropriate to the
Consultant's profession.
Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
i
1. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $1,000,000
general aggregate and a $1,000,000 products-completed
operations aggregate limit.
2. Professional Liability insurance shall be written with limits no
less than $1,000,000 per claim and $1,000,000 policy
aggregate limit.
Exhibit B - Insurance Requirements - 1 of 5
EXHIBIT B (continued1
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect
the City. Any Insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and
shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the contractor and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Contractor's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
Exhibit B - Insurance Requirements - 2 of 5
6v CERTIFICATE OF LIABILITY INSURANCE
Dsnvsot4
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:It the COUNIMate holder is an ADDITIONAL INSURED,the policy(led)..at be endorsed.If SUBROGATION IS WAIVED,Bob,*,,b
the terms and conditions of the policy,certain policies may require an endorsement.A statement on Ibis certificate does not confer rights to the IG
certificate holder in Ile°of such and avermumbi).
PRODUCER �OM6EACr TO
ROD Risk Insurance Services West, inc.Los An P hi, (666) 283-0122 ap 600-343-O3D5
707 wit eIGS CA office shire Boulevard E.MNL
Suite 2600 A6DRE9S� S
LOS Angeles CA 90017-0460 USA
INSURERi51 AFFORBWG COVERAGE NPICA
INSURED INSURER& Pacific indemnity cc 20346
Tiburon. Inc. INSURERI: Federal insurance company 20291 ''..
3000 Executive Parkway, suite SOD ....-..._..__.._..-.__-....___..
San Ramon CA 94583 USA INSURER C, Continental CEEUa ty Company 20443
INSURER D
INSURER a:
INSURERS
COVERAGES CERTIFICATE NUMBER:570055110921 REVISION NUMBER: (.
THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUMITT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are acre uested
Tp TVPEOFIN9URANCE Iuep VND DOUBT NUMBER iypp WA UNITS
X COMMERCIAL GONE.M4BPJTY Me OMAMNCE I $1,0OD'anc
CWMsM4DE N0occua PASM,ppp E 51,000,000
MEDENPRonow,Mme) I S10,OR
PERSONAL 4 ANY N3URY S1,000,000
GEN'L AGGREGATE LEARAPPUES PER GENERALAGGREGATS $2,000,000
POLICY E]JEOf �LOG PRODUCT.,WwIoP AGo $2,000,000 !Q
OTHER:
a AUiOMOBRE LMB61iY 7355-87-29 05/01/2014 9 ol/ZOls GOMBMED SINGLE LIMIT
$1,000,000
X PNYgUrp BOD0.YIMIURY(Par Parson) ,LO
A MNED aCHEOUtE UW p BLY INJURY IPeIeuMPML
AUmS AUTOS PHCPERtY0AM4GE
FNREDAUTOS NNDwNBD
"TooPoraaWanl
2
m
a X UMEMLLALUa % pCWR L9030457581 09 O3 2034 D/O1/2015 EACNOCGUHRFNCE $l0,Otl0,DOD
ECCESS LIM CLAWS.Mn°e AGGREGATE $10,000,000 ,.
awl NSRUT, 1
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A MRNERe COMPENSATION AND 71739717 9 I Di X T-A.
EMPLDYERS'MPaILirY
ANYPH�NETDRIF KINEAMMOUTNE 1".'1 E1.EACHACCIDENT $2,000,000 j
IMmtlneryln NmUDEOt �,I NfA
E.L W95ASE£AEMPLMEE S11000,000
N yef,44saae nnert
DESCRIPTION OFOPEPAnON9 Ealmv EL.g3EA3EPOlICY LIMIT $1,000,000—
DEBCWPTIONOFOPEM90N$icers, its officHICLES ials,Lei,loyees, agentsNa and
volunteers If name iS Las additional
Bit yy of Kent, its officers its officials, ityT employees, agents and volunteers are named as additional insured7tln
7iabill Yy, but only with respects LO liability ty arising out of the operations of she insured, as required by
W
CERTIFICATE HOLDER CANCELLATION u
SHOULD NAY OF THE ABOVE DESCRIBED POUICICS BE CMCELILO BEFORE THE
EXPIRAVON DATE THEREOF NOTICE BILL BE DEUVERPD IN ACCORDANCE VIM THE
POUCYPROVISIDHS,
City Of Kent NIT110N2EO RErnESENTATNE
Attn: Stan waldrop
Kept
4th Avenue South n. 14`� (Nlii+� 1
Kent WA Avenue
USA eSdYa�
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I
010,88-2014 ACORD CORPORATION.All rights reserved.
ACORD 25(2014(01i The ACORD name and logo are registered marks of ACORD
Exhibit B - Insurance Requirements - 3 of 5
i
A xoc p® CERTIFICATE OF PROPERTY INSURANCE o9iiu DiV
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOTAFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
Had.caNficate is being prepared Ron porrijimo,has an insumadetnlamst in the property.do name this form.Use AC0RD2Tor ACORD28.
Cexrntt
A. Risk insurance services vest, inc. NAVE.
LDS AO961¢3 CA Offi c¢ ' p,ea,k f866j 383-7M fuAC ueu 800-363-0105 '•
]O]mil shire Boulevard
Suite 2600 pRDp�,'R
Los Angeles a9001T-04E0 USA fOBSONIUY 3>0000MAS$
M
Iral ER urance OcompanEMG£ NI
81 4
6vsunmo mseNERA: Federal Insurance company 29281 ;Q
Tiburon, Inc. msuxEae: g
3000 EXCcuti Ve Parkway, SUite 500 wsBREq°:
San Ramon CA 94583 USA I0opoma:
SURER E:
N$URERP,
COVERAGES CERTIFICATE NUMBER, 570055110849 REVISION BE
LtlCAfleN OF FREMI6ESIaFBCaIPTIONOFPROPERiY(gIbMHMR01p1.dddNknal aem➢M196CM1eNk I(nemigpttdrtqulM)
THIS ISM CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS m
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS BNOWN WAY HAVE SEEN REDUCED BY PAID CLAWS. Ca
INSR PpLILYEFFELTIVE POUCYEXPIRATION w
Lam... _ttPEOFINSURANCE PDLtCY NVMDFR -OATE(HWEveYYO -MMN —LOVEREDR1tORERTY---._. _LIdE11S
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CAUSESOFLOSS Canaractors map
POUOY NUMBER % SNatluNa EaelPmpm M
A MLUUBPERAS 35931023 091OV2014 09/00m5
X Ail Risk
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CERTIFICATE HOLDER CANCELLATION �
sHatea Any or TINE ABOVE OE60RIOE0 POLICUS an CANCELLED 9eFORE THE
E%PIRNIaN BATE THEREOF,NOTI:C WILL BE DELNERED IN ACCOAAANCE qnN OR a
P°LICYPRO a.m. L�
city of Kent
Attn: Stan Waldrop a..:
4 Avenue South Ken WA AtnnoRlzaogEPREsmrrA.Ne ,rn �d� 0 �.,��,��/ „ate
2ERL WA 913032 USA (WyP( ff%'J/a9✓{b
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®1995.2009 ACORD CORPORATION.All rights reserved.
ACORD 24(2009109) The ACORD name and logo are registered marks of ACORD
Exhibit B - Insurance Requirements - 4 of 5
AGENCY CUSTOMER ID: 570000051058
ACCWLD® Loc p:
�.. ADDITIONAL REMARKS SCHEDULE Page _ of _
AGENCY NMIED INSURED
Act Risk Insurance Services West, Inc. Tiburon, Inc.
POLICY NUMBER
see certificate Number: 570055110849
COMER NNE CODE '..,,.
see certificate Number: 57005SI10849 EFFECTNE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 24 FORM TITLE: Certificate of Property Insurance
LNSURER(S)AFFORDING COVERAGE NAIC0
MBORER
moment
MSURCR —
WSURER
if a policy below does not ineludo limit information,refer to the corresponding policy on the Ace" Ali
DITIONAL POLICIES certificate farm for policy limits.
MR TYPEOv WmXaNCE PO[..cry"MOBR POLICYEamclVEi POLTOYE"RmT1Di: GpyRREO PROPERN 4Allm
LTR OATEMNO ow,1W DATE 01MIDD/YYYr)
INLAND MARINE
A installtn Flotr 359"D23 09/01/2014 09/01/201$ DStallation $2,000,000
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ACORD 104(I008101) 020DO ACORD CORPORATION.Ali,IghM resarveG.
The ACORD name and logo era raRl,rered marks of AGORD
Exhibit B - Insurance Requirements - 5 of 5
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Received:
Recommendations and Comments: 3 4
Disposition.
Date Returned: � �
M.
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CITY OF KENT '....,
LAW DEPARTMENT
CIVIL DIVISION '..
220 4P Avenue South
Kent, WA 98032
OT Fax: 253-856-6770 '...........
WA$HINGTOH PHONE: 253-556-5770
Memolddllb
To: Suzette Cooke, Mayor
From: Curt Ryser, IT Systems Manager
CC: Mike Carrington, IT Director
Date: 11/29/14
Re: Request for Waiver Pursuant to City of Kent Administrative Policy 1.1
For Development of an interface to import SECTOR citation and collision information
into the Tiburon Records Management System
The City's Information Technology and Police Departments are requesting you waive the
procurement requirements set forth in Administrative Policy 1.1 for the purchase of a SECTOR
import interface into the Tiburon RMS from Tiburon Inc., a California Company.
Purchases may be waived by the mayor upon a finding that either the materials, supplies,
equipment, or services are clearly and legitimately limited to a single source of supply within
the near vicinity, or that the materials, supplies, equipment, or services are subject to special
market conditions, involve special facilities or services, or that a bid or the bidding
requirements of KCC 3.70.030, would otherwise not be practicable or in the city's best interest
under the circumstances, in which instances the purchase may be best established by direct
negotiation.
Tiburon Inc., has agreed to develop an interface that will allow the city to import citation and
collision data from the Washington State SECTOR system into the Police Department's record
management system. The cost to develop the interface is $_45,700. Additionally, the SECTOR
interface would be developed from a company headquartered in California as opposed to a local
Kent company. As the Tiburon Records Management System is a proprietary system owned by
Tiburon Inc,. they are the only company that can develop the interface for the city.
If you approve of this waiver under City of Kent Administrative Policy 1.1, the Police
Department requests that you indicate your approval by signing below.
CITY OF KENT .
�Surtte oke Mayor -
Date: t f• ---