CONTRACT 4082 Other4082
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SOFTWARE SYSTEM MANAGEMENT AND SUBLICENSING
AGREEMENT
BETWEEN
THE CITY OF HAWTHORNE
AND
THE CITY OF EL SEGUNDO
This Agreement is made and entered into as of the 27 day of July, 2010, by and
between the CITY OF EL SEGUNDO, a California municipal corporation (hereinafter "El
Segundo'), and the CITY OF HAWTHORNE, a municipal corporation (hereinafter
"Hawthorne ").
RECITALS
WHEREAS, El Segundo has determined a need and expressed its desire to utilize the
Computer Aided Dispatch ( "CAD "), Records Management ( "RMS ") and certain other public
safety systems developed by Tiburon Inc. ( "Tiburon "), as implemented and maintained by
Hawthorne (the "Tiburon Systems "); and,
WHEREAS, Hawthorne has developed certain expertise and experience in setting up,
implementing and managing the Tiburon Systems; and
WHEREAS, El Segundo has determined a need and expressed its desire to implement
and use the Tiburon Systems at certain designated locations without the responsibility for day -to-
day central computer system management and Hawthorne has the available central computer
system capacity, implementation and system management skills and ability to implement such a
system and to provide on -going support and maintenance.
WHEREAS, Tiburon has licensed to Hawthorne the software and other intellectual
property comprising the Tiburon Systems, provides certain services with respect to the
maintenance and support of the Tiburon Systems, and has agreed to permit the sublicensing of
the Tiburon Systems by Hawthorne to El Segundo and to perform certain services in connection
therewith as set forth in Exhibit C attached hereto (the "Tiburon Enhancement Proposal "); and
WHEREAS, Hawthorne is willing to sublicense the Tiburon Systems to El Segundo
under the terms set forth herein and to perform certain designated services as set forth herein in
connection therewith; and
WHEREAS, it has been determined that this Agreement is in the best interests of both El
Segundo and Hawthorne;
NOW, THEREFORE, in consideration of the mutual promises contained herein, El
Segundo and Hawthorne agree as follows:
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1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between El Segundo and Hawthorne shall
consist of this Agreement including:
EXHIBIT A - Scope of Services
EXHIBIT B - Payment Schedule and Consulting Service Fee Schedule
EXHIBIT C - Tiburon Enhancement Proposal
EXHIBIT D — Tiburon License Agreement
EXHIBIT E — El Segundo Designated Facilities
EXHIBIT F — El Segundo Client Workstations and Other Hardware
In the event any discrepancies or inconsistencies between the provisions of this Agreement and
any of the above - referenced documents arise, the provisions of this Agreement will prevail. This
Agreement and the Exhibits set forth above, contain all of the agreements, representations and
understandings of the parties hereto, and supersede and replace any previous understandings,
commitments or agreements, whether oral or written.
2. TERM
The term of the Agreement shall be for an initial 5 year period from June 2010 through
May 2015; provided however that if the license of the Tiburon Systems to Hawthorne shall first
terminate, this Agreement shall terminate concurrently therewith. El Segundo shall have the
option to renew the term of this Agreement for an additional five (5) year term, provided that it
notifies Hawthorne in writing of its intent to exercise such option not later than 45 days, nor
more than 120 days, before the scheduled termination of this Agreement, and Hawthorne does
not notify El Segundo at least 30 days prior to the scheduled termination of this Agreement of
Hawthorne's nonacceptance of El Segundo's exercise of such option. It is hereby agreed that
this Agreement shall remain in full force and effect absent termination pursuant to the terms and
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conditions set forth below. Charges will be prorated for any portion of a month that services or
equipment is in place should such cancellation occur.
3. SCOPE OF SERVICES
Pursuant to, and as further set forth in, the Scope of Services, which is attached as
EXHIBIT A hereto and incorporated as though fully set forth herein, Hawthorne agrees to
maintain the computer servers upon which the server -based applications of the Tiburon Systems
currently run, to maintain the server -based applications of the Tiburon Systems, to provide
access to such Tiburon Systems to El Segundo, and to install the client -based applications of the
Tiburon Systems on the Hardware (defined below) to be used over the Communications
Equipment (defined below) and to otherwise perform the services set forth in such Scope of
Services. Hawthorne acknowledges that maximum availability to the server applications of the
Tiburon Systems is necessary for El Segundo to meet El Segundo's public safety demands, but
El Segundo agrees that Hawthorne shall not be responsible for unscheduled computer network
outages attributable to causes beyond Hawthorne's reasonable control, any failures, outages or
downtime of the Communications Equipment or Hardware, failures of other communications
equipment, failures or downtime of the Tiburon Systems software, power outages, or El
Segundo's or any of its user's failure to properly, adequately and competently use the Tiburon
Systems. Hawthorne shall afford comparable priority to the processing needs of El Segundo vis
a vis the server based Tiburon Systems as shall be provided to other public safety agencies, and
shall undertake reasonable efforts to maximize computer network availability for such
processing for El Segundo consistent with the demands upon the Tiburon System for other public
safety agencies.
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4. EL SEGUNDO HARDWARE AND COMMUNICATIONS EQUIPMENT
All computer workstations, local area networking equipment and all other hardware (the
"Hardware ") and the configuration of the Hardware (all as specified in EXHIBIT F hereto),
which are necessary for the use and implementation of the client -based Tiburon Systems which
are to be located at those facilities of El Segundo designated on EXHIBIT E attached hereto (the
"Designated Facilities "), shall be acquired and maintained by El Segundo at its sole cost and
expense, and shall in all respects otherwise be and remain the sole responsibility of El Segundo.
Further, El Segundo shall at its sole cost and expense obtain from, and have installed by, its
telephone carrier a T -1 communications line and all networking equipment necessary to support
the Tiburon Systems at the Designated Locations configured to connect with the Tiburon
Systems server applications as currently maintained by Hawthorne, and at its option shall at its
further sole cost and expense obtain from, and have installed by, its telephone carrier an ISDN
line to be used as a backup in the event of any failure or downtime of such T -1 line, (together
the T -1, networking equipment and optional ISDN line are together referred to as the
"Communications Equipment "). El Segundo shall insure that all of the Hardware, the
Communications Equipment and their configurations shall be in place and operational on or
before the date specified in EXHIBIT B attached hereto as a condition to the further services of
Hawthorne. Hawthorne shall make available to El Segundo a link to JDIC /CLETS through the
Tiburon Systems; it is understood, however, that El Segundo shall also maintain its own
connection to JDIC /CLETS via the Sheriff Data Network, which connection is not supported by
the Tiburon Systems and for which Hawthorne shall have no responsibility. Further, it shall be
the responsibility of El Segundo to acquire and install, at El Segundo`s sole cost and expense, the
Crystal Reports software to the extent such software is determined necessary by Hawthorne for
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the proper or optimal functioning of the Tiburon Systems or as determined desirable by El
Segundo.
5. DUTY OF CARE.
Hawthorne agrees to employ due care and attention discharging its obligations hereunder.
El Segundo acknowledges that computer processing entails the likelihood of certain human and
machine errors, omissions, delays, and losses, including inadvertent loss of data or damage to
media, which may give rise to loss or damage.
The operation of the client -based applications of the Tiburon Systems and the use by El
Segundo of the software and services identified in this Agreement are the sole responsibility of
El Segundo. Hawthorne's sole undertaking is limited to providing the software and services
outlined herein in accordance with the terms and conditions of this Agreement. The provision of
the software and services performed by Hawthorne to El Segundo shall not be interpreted,
construed, or regarded, either expressly or implied, as being for the benefit of or creating any
obligation toward any third party or legal entity other than El Segundo and Hawthorne's
obligations under this Agreement extend solely to El Segundo and not to any resident of El
Segundo or any other individual, corporation or other person.
El Segundo is responsible for adopting reasonable measures to limit El Segundo`s
exposure with respect to potential losses and damages, including (without limitation)
examination and confirmation of results prior to use thereof and provision for identification and
correction of errors and omissions.
El Segundo agrees that Hawthorne shall not be responsible for, and shall be released
from, any and all liability or responsibility for any damages, direct or consequential, which may
arise from, or occur as result of, El Segundo's use of the Tiburon Systems, any failure or
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inoperability of the Tiburon Systems (or any component thereof) or any services rendered by
Hawthorne. Hawthorne shall not be liable under any circumstance for any lost profits, lost
savings, or any other consequential damage that may arise from any use by El Segundo of the
Tiburon Systems or the failure or inoperability of the Tiburon Systems (or any component
thereof). Hawthorne shall bear no liability if the Tiburon Systems (or any component thereof) or
the services rendered by Hawthorne hereunder do not meet any particular purpose for which El
Segundo may use the Tiburon Systems.
El Sequndo shall indemnify, defend and hold Hawthorne harmless from and against all
losses, damages, claims, expenses, and attorneys' fees that may be sustained or asserted against
Hawthorne arising from or connected with El Segundo's use of the Tiburon Systems or from the
failure or inoperability of the Tiburon Systems (or any component thereof) or resulting from any
breach by El Sequndo of any provision of this Agreement, except for any loss, damage, claim,
expense or attorney's fees resulting solely from the gross negligence of Hawthorne.
6. SUBLICENSE
Hawthorne agrees to sublicense to El Segundo the right to use the Tiburon Systems
software currently licensed to Hawthorne. El Segundo shall be responsible for acquiring
appropriate rights to all other software necessary to run the Tiburon Systems by El Segundo at
the Designated Locations or any other location under its control, including without limitation the
Crystal Reports software. All rights of El Segundo to use the Tiburon Systems software shall in
all respects be subject to and governed by the Tiburon License Agreement between Tiburon and
Hawthorne attached as EXHIBIT D hereto, except as modified by the Tiburon Enhancement
Proposal attached as EXHIBIT C hereto. El Segundo acknowledges that it has read the terms of
the Tiburon License Agreement and agrees to comply with the terms and conditions of such
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Tiburon License Agreement, and further agrees that neither it, nor any employee, agent or any
other person under the control of El Segundo, shall take any act, or permit any omission, that
would cause a termination of the Tiburon License Agreement. Further, El Segundo's right to use
the Tiburon Systems software may not be transferred, leased, assigned, or sublicensed without
Hawthorne's and Tiburon's prior written consent. This sublicense extends only to the Tiburon
Systems software which is the intellectual property of Tiburon, or which Tiburon has the right to
sublicense and has consented to this sublicense to El Segundo. Hawthorne makes no
representation or warranty that the Tiburon Systems software, or any of the software used in
connection with the Tiburon Systems, is not infringing on the copyright, patent, trademark, trade
secret or other intellectual property or proprietary rights of any third person, and shall not be
responsible for any such infringement and merely passes through to El Segundo any warranty
rights that it may have vis a vis Tiburon or any other third person with respect to any rights it
may have under its warranties from Tiburon and any other third party in the event of any
assertion of infringement.
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7. OWNERSHIP OF SYSTEMS, MATERIALS AND DATABASE
All systems, programs, operating instructions, and other documentation prepared by
Hawthorne, or which are otherwise now those of Hawthorne, shall be and remain the property of
Hawthorne. All data and source documents provided by El Segundo and all output shall be, and
remain, El Segundo's property. Upon termination of this Agreement, all of El Segundo's
information retained by Hawthorne's custom database files shall be made available to El
Segundo on computer readable media, of a type suitable for use on the specified equipment, and
Hawthorne shall return to El Segundo all documents and written records of transactions
belonging to El Segundo. Costs to cover such final servicing and handling of materials and
custom database files are deemed to be included in the processing establishment fee.
8. SCHEDULE OF PERFORMANCE AND PAYMENT
Hawthorne shall perform the Services and El Segundo shall make payment according to
the terms and provisions of the Payment Schedule (EXHIBIT B). Further, El Segundo shall, at
or before the times provided for, either pay directly to Hawthorne, or to Tiburon for the account
of Hawthorne or the South Bay Regional Public Communications Authority (the "RCC "), all
amounts stated as payable by Hawthorne or the RCC, whether for licensing, sublicensing,
maintenance, service or support, all as provided for or contemplated under the Tiburon
Enhancement Proposal and, in the event that Hawthorne shall be responsible for the payment of
any other royalties, license fees or other amounts as a result of the sublicensing to El Segundo of
the Tiburon Systems, any associated or imbedded software, or any maintenance, service or
support to be provided other than by Hawthorne hereunder, El Segundo shall promptly upon
demand by Hawthorne pay all such amounts.
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9. TRAINING.
El Segundo shall select personnel suitable to operate and use the Tiburon Systems and
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confirm that such personnel demonstrate the competence necessary to manage and operate the
Tiburon Systems. As part of Hawthorne's services hereunder, Hawthorne shall, to the extent
provided for in EXHIBIT A attached hereto, at time to time upon El Segundo's request, provide
El Segundo's personnel with training and instruction concerning the operation and use of the
Tiburon System by conducting a training session(s) at a mutually convenient time at El
Segundo's facility or, if in operation at the time, at the Hawthorne training facility.
10. AUDITS AND GOVERNMENT EXAMINATION.
Hawthorne agrees to permit auditors or consultants retained by El Segundo to audit or
review the procedures for handling and processing of data hereunder upon reasonable notice and
compliance with Hawthorne's security procedures. The parties also acknowledge that certain
federal and state agencies may require access to facilities of Hawthorne to audit the performance
of the services by Hawthorne for El Segundo under this Agreement, and Hawthorne will
cooperate with respect to all such governmental audits.
11. EL SEGUNDO RESPONSIBILITIES.
El Segundo's responsibilities shall include the following:
a. El Segundo, at its sole cost and expense and prior to delivery and installation of
the Tiburon Systems at El Segundo's Designated Locations, shall prepare the Hardware,
Communications Equipment and installation sites in an appropriate manner and shall cause the
Hardware, Communications Equipment and installation sites installation sites to conform to any
utility and communication interface specifications that Hawthorne or Tiburon may require.
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b. El Segundo shall promptly inspect and test the Tiburon Systems upon delivery by
Hawthorne of a certificate of completion of installation and shall notify Hawthorne within 10
days after receipt of such certificate if Hawthorne determines any defect or failure of
functionality of the Tiburon Systems as installed.
C. El Segundo shall provide Hawthorne personnel with the workspace necessary for
the proper execution of its service obligations as necessary and required by Hawthorne.
d. El Segundo will be solely responsible for maintaining the Hardware, the
Communications Equipment, and all other hardware equipment as necessary to operate
efficiently and to industry standards.
e. El Segundo will make available network access time for the testing and
maintenance of software as necessary and required by Hawthorne.
12. TERMINATION
In addition to termination of this Agreement as a result of the termination of the license
of the Tiburon Systems to Hawthorne as provided above, each party hereto shall have the right to
terminate this Agreement, without cause, by giving not less than sixty (60) days written notice of
termination. In the event of termination, Hawthorne shall deliver to El Segundo copies of all
reports, documents, and other work generated for or with respect to El Segundo under this
Agreement. Further, in the event of termination, El Segundo shall pay Hawthorne for services
performed and reimbursable expenses incurred or contracted for prior to and through the date of
termination.
13. MAINTENANCE
The terms of maintenance of the System shall be as set forth in the scope of work.
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14. TAXES.
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El Segundo shall promptly report and pay all applicable federal, state, and local taxes
designated, levied, or based (1) upon the any consideration payable or paid by El Segundo
hereunder; (2) on account of this Agreement; or (3) with respect to use by El Segundo of the
Tiburon Systems or any associated software, or the installation thereof at the Designated
Locations. El Segundo shall indemnify and hold harmless Hawthorne from all claims and
liability resulting from El Segundo failure to report or pay such amounts.
15. DISCLAIMER OF WARRANTIES.
EL SEGUNDO UNDERSTANDS AND AGREES THAT NO WARRANTIES,
WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR ANY WARRANTY OF NON - INFRINGEMENT, SHALL APPLY TO THE
SOFTWARE UNDER THIS AGREEMENT, WHICH IS FOR INSTALLATION, TRAINING,
MAINTENANCE AND SUPPORT ONLY, EXCEPT AS ANY SUCH WARRANTY SHALL
COME FROM TIBURON OR ANY ORIGINAL LICENSOR OF SUCH SOFTWARE. ALL
IMPLIED WARRANTIES ARE HEREBY AND EXPRESSLY DISCLAIMED.
Hawthorne's sole obligation for breach of this Agreement is limited to redoing any work
previously done by Hawthorne which Hawthorne reasonably believes may remedy the problem
experienced by El Segundo at Hawthorne's own expense, which shall be El Segundo's sole and
exclusive remedy. Any such redo of work is conditioned upon the software not having been
altered or repaired by any individual other than Hawthorne employees or agents, and Hawthorne
shall not be responsible for any defects resulting from the mishandling, abuse, misuse, improper
storage or improper operation, including use in conjunction with equipment which is electrically
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or mechanically incompatible with or of inferior quality to the Hardware specified in Exhibit F,
as well as failure to maintain the equipment as specified by Tiburon.
16. SECURITY AND PRIVACY.
Hawthorne agrees that to the extent allowed by law, none of its officers or employees
shall use or reveal any research or statistical information furnished by any person and identifiable
to any specific private person for any purpose other than the purpose for which it was obtained.
Copies of such information shall not without the prior written consent of the person furnishing
such information, be admitted as evidence or used for any purpose in any action, suit or other
judicial or administrative proceedings, unless ordered by a court of competent jurisdiction. EL
SEGUNDO shall be notified immediately upon receipt of any such order of court, pertaining to
production of such information.
El Segundo recognizes that as users of the Hawthorne systems their personnel will have
access to confidential criminal records, Department of Motor Vehicle Records, and other
criminal justice information via cooperative local agencies' databases and JDIC /CLETS/NCIC.
El Segundo further recognizes that all access to information through the use of Hawthorne
systems is for law enforcement use only and is based on the "need to know" and the "right to
know" and that misuse of such information may adversely affect an individual's civil rights and
violates the law and/or CLETS Policy. El Segundo agrees to enforce use of Hawthorne systems
with respect to CLETS Policy and Procedure and all applicable State and Federal Laws.
17. CHANGES TO FILES AND /OR HARDWARE CONFIGURATION.
Any changes to files and/or hardware which may affect software performance, including
but not limited to changes to existing or specified hardware configurations, network
configurations, terminal and printer characteristics or modems without the prior written consent
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of Hawthorne shall, at Hawthorne's election, void this Agreement. Hawthorne may, at its
option, provide requested support with respect to any such reconfigured systems on a time and
material basis only apart from any other amounts owing from El Segundo hereunder.
18. CONFIDENTIAL TREATMENT OF INFORMATION.
Hawthorne shall maintain in confidence, and shall not disclose to any third party, unless
directed to do so in writing by El Segundo, or designee, all data and materials furnished by El
Segundo, and Hawthorne agrees that such information shall not be used by Hawthorne for any
purposes other than those necessary for the provision of services pursuant to this Agreement.
Hawthorne's obligation under this Paragraph is limited to diligent compliance with the same
methods and procedures that Hawthorne uses to protect its own confidential information from
disclosure. Hawthorne further agrees to restrict access to any database or other information
created for the output of information from El Segundo. Hawthorne shall furnish El Segundo
with a description of such restrictions upon El Segundo's request, BUT EL SEGUNDO
ACKNOWLEDGES THAT ACCESS RESTRICTIONS, BY THEIR NATURE, ARE
CAPABLE OF BYPASS AND HAWTHORNE DOES NOT AND CANNOT GUARANTEE
THAT SUCH OUTPUT CANNOT BE ACCESSED BY UNAUTHORIZED PERSONS
CAPABLE OF OVERCOMING SUCH RESTRICTIONS. El Segundo further acknowledges
that all information will be available to other participating local agencies for the purpose of law
enforcement activities including the South Bay Regional Public Communications Authority.
19. ASSIGNABILITY
Subject to El Segundo's right to consent, which shall not be unreasonably withheld, the
rights and obligations of Hawthorne under this Agreement may be assigned to another agency,
person or entity which Hawthorne reasonably has sufficient expertise and experience to
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discharge Hawthorne's obligations hereunder.
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Due to the limited nature and scope of the
licenses Hawthorne holds with respect to the Tiburon Systems and associated software and its
limited rights to sublicense, El Segundo may not assign its rights or obligations under this
Agreement without the prior written consent of both Hawthorn and Tiburon. Any purported
transfer without such prior written consent shall be void.
20. NO AGENCY AND INDEPENDENT CONTRACTOR.
The parties hereto agree that Hawthorne and its employees, officers, and agents are
independent contractors under this Agreement and shall not be construed for any purpose to be
employees of El Segundo. Hawthorne, its employees and its agents shall neither hold themselves
out as nor claim to be officers, agents or employees of El Segundo for any reason or purpose.
Nothing contained in this Agreement shall be deemed or construed as creating a joint venture,
partnership or joint powers authority between any of the parties hereto. No party is by virtue of
the Agreement authorized as an agent, employee or legal representative of any other party. No
party shall have the power to control the activities and operations of any other, and their status is,
and at all times will continue to be that of independent contractors with respect to each other. No
party shall have any power or authority to bind or commit any other. No party shall hold itself
out as having any authority or relationship in contravention of this Paragraph.
21. SUBCONTRACTORS
Hawthorne may use such subcontractors as it may determine appropriate in order to
provide the services hereunder. Hawthorne shall nevertheless ensure that any subcontractor of
Hawthorne shall comply with this Agreement.
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22. SEVERABILITY
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Should any provision of this Agreement contravene any law or valid regulation of any
regulatory agency or self - regulatory body having jurisdiction over either party hereto, or should
any provision otherwise be held invalid or unenforceable by a court or other body of competent
jurisdiction, then each such provision shall be automatically terminated and performance by both
parties waived; provided, however, that should such provision reasonably be considered by either
parties to be an essential element of this Agreement, and the parties be unable to agree upon the
terms of an alternative provision within ninety (90) days following the contravening provision's
termination, then this Agreement may be terminated in its entirety at the option of either party,
which termination shall be effective upon the giving of notice thereof to the other party.
23. WAIVER
The parties hereto each agree that any waiver by the other party of any breach or
violation of any term or condition of this Agreement shall not be deemed to be a waiver of any
other term or condition contained herein or a waiver of any subsequent breach or violation of the
same or any other term or condition.
24. NONDISCRIMINATION
Neither Hawthorne nor El Segundo shall discriminate, in any way, against any person on
the basis of age, sex, race, color, creed or national origin in connection with or related to the
performance of this Agreement.
25. GOVERNING LAW
This Agreement shall be governed and construed and its performance enforced under
California law, with giving effect to principles of conflict of laws.
26. VENUE
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In the event that suit is brought by either party to this Agreement, the parties agree that
venue must be exclusively vested in the state courts of the County of Los Angeles, or where
otherwise appropriate, exclusively in the United States District Court, Southern District of
California, Los Angeles, California.
27. HEADINGS
The paragraph headings are not a part of this Agreement nor are they a part of any
Attachment or Schedule hereto, and they have no effect upon the construction or interpretation of
any part of this Agreement.
28. NOTICES
All notices and other communications required or permitted to be given under this
Agreement shall be in writing and shall be personally served or mailed, postage prepaid and
return receipt requested, addressed to the respective parties as follows:
To EL SEGUNDO:
City of El Segundo
El Segundo, CA _
Telephone:
Facsimile:
To HAWTHORNE: City Manager c/o IT Department
City of Hawthorne
4455 W. 1266' Street
Hawthorne, CA 90250
Hawthorne, CA 90250
with a copy to: Russell Miyahira, Esq., Acting City Attorney
City of Hawthorne
4455 W. 126' Street
Hawthorne, CA 90250
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Notice shall be deemed effective on the date personally delivered, emailed or delivered by
facsimile or, if mailed, three (3) days after deposit in the mail.
WITNESS THE EXECUTION HEREOF as of the day and year first hereinabove written:
APPROVED AS TO FORM:
D uty City Attorney
"EL SEGUNDO"
CITY OF EL SEGUNDO, a municipal
" HAWTHORNE"
APPROVED AS TO FORM: CITY OF HAWTHORNE a California
municipal corpora 'on
y: J es :H. �le� tsch
Russell Miyahir City Acting City Attorney for Authonze Council To Execute the
City of Hawthorne Agreement on July 27, 2010, City Manager
Consent Item No. 13
AM*
City Clerk
ON of El Segundo
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Appendix A
SCOPE OF SERVICES
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SCOPE OF SERVICES
Hawthorne agrees to provide the following services to EL SEGUNDO
Software Management —
Hawthorne will provide training and technical support for the initial installation Tiburon
workstation application software in accordance with the implementation plan. Such technical
support at no additional cost is limited to the network implementation period. If additional
support is necessary following this period, Hawthorne will provide that support at an hourly rate.
Hawthorne will act as the secondary contact for software problem reporting with El Segundo
staff being the first contact for El Segundo users. Hawthorne will troubleshoot each report and, if
resolution is not immediately possible, Hawthorne will communicate the problem to Tiburon,
Inc. and work with the Tiburon technical staff and El Segundo staff to determine a remedy for
the problem.
Server Management —
El Segundo will house and maintain their own servers for the purposes of local software
distribution and Tiburon Browser management.
Hawthorne will maintain all other servers necessary to support Tiburon applications and will
perform the necessary set up for El Segundo terminal access to applications and data. All
terminal identities will be created on the Records Management Server (RMS) as per El
Segundo's Tiburon licensing and as designated by El Segundo.
Hawthorne will perform regular data and system backups of those servers under Hawthorne's
control.
Network Maintenance —
Hawthorne will provide access to servers and data via T -1 interface maintained on Hawthorne's
site. The means of communication to that router and the network infrastructure on the El
Segundo site is solely the responsibility of the El Segundo. Hawthorne will work with El
Segundo and/or with a network consultant designated by El Segundo to ensure that network
communication is effectively established and maintained.
Training — Hawthorne will provide 4 hours of training to El Segundo for general administrator
training which will include the management of user, security, and tables. Hawthorne will provide
30 hours of training to El Segundo users for Corrections Management System use.
Technical Support — Hawthorne will provide technical support and troubleshooting activity for
El Segundo users as a secondary resource after El Segundo's technical and supervisory
personnel.
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Appendix B
Payment Schedule and Consulting Service Fee Schedule
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Payment Schedule
Upon execution of any Tiburon Enhancement Proposal related to El Segundo licensing and
services, Hawthorne will invoice El Segundo for 50% of the total of that Tiburon Enhancement
Proposal.
Upon completion of the subject of any Tiburon Enhancement Proposal, Hawthorne will invoice
El Segundo for the remaining 50% of the total of that Tiburon Enhancement Proposal.
Hawthorne will invoice El Segundo for hourly Hawthorne services including training as such
services are delivered on a monthly basis.
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Hawthorne Consulting Senice Fees
Pro)ed Elemnt
Involved Groups
Duration
Cost
MRwork connectivity
Network Ovemew
Kawthorne IT,
Police, ES Fire, ES IT,
RCC
N/A
Network Plamina
Hawthorne IT, ES IT,
RCC
Installation of Network Infrastructure
ES IT
WA
Installation of Data Lines
Hawthorne IT, ES IT,
ES Carrier
N/A
Install2tion/Cortflouration of WAN Equipment
Hawthorne IT ES IT
12 hours
1,140.00
Installation of Workstation Gient Software
Hawthorne IT ES IT
5 hours
$ 475.00
System Configuration
Fire CAD Con ration Plannina
ESFD RCC
Police CAD Corrfiguration Planning
ESPD, RCC
Police RMS Tables Setup
Hawthorne IT ESPD
$ 600.00
CAD/RMS User Setup
Hawthorne IT, ESPD,
RCC
Terminal and Printer Configuration
Hawthorne IT
20 hours
$ 1,900.00
User Training
istrators: User Security, Tables, General
Administration
Hawthorne IT
4 hours I
$ 480.00
RMS
Tiburon
ARS
Manhattan Beach
Jailers
Hawthorne
30 hours
$ 1,500.00
General Project Management
Hawthorne IT
150 hours
$ 14,250.00
$ 20 345.00
The hours and fees above are the estimated maximum amounts. Actual amounts may be less.
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Appendix C
Tiburon License Agreement
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APPENDIX F
TIBURON, INC.
SOFTWARE LICENSE AGREEMENT
Tiburon, Inc., a Virginia corporation having its office at 39350 Civic Center Drive, Suite 280, Fremont,
California 94538, doing business as and hereinafter called 'TIBURON", and City of Hawthorne, having its
office at 4455 West 1260" Street, Hawthorne, CA 90250, and hereinafter called "CLIENT ", agree that the
following terms and conditions will apply to the Licensed Program(s) identified herein, including the source
code and operating versions of the Licensed Program(s) and all program documentation.
1. Definitions.
The following definitions apply to terms used within this Software License Agreement:
1.1 Licensed Programs shall mean the computer programs and associated documentation
furnished to the CLIENT by TIBURON as defined and set forth in Exhibit A to this Software
License Agreement, attached hereto and incorporated by reference.
1.2 Derivative Works shall mean any translation, abridgement, revision, modification, or other
form in which the Licensed Programs may be recast, transformed, modified, adapted or
approved.
1.3 Enhancement shall mean any added functionality or changes to functionality of Licensed
Programs not included in the Licensed Programs at the time of the execution of the original
Software License Agreement.
1.4 Error shall mean a defect in the code or a mistake in the documentation that prevents the
code from functioning in material conformity with the technical specification.
1.5 LICENSEE shall mean any of the Members or CLIENT, individually, and LICENSEES shall
mean all of the Members and CLIENT, collectively.
1.6 Member shall mean each of the governmental entities set forth on Exhibit B hereto as
members of the South Bay Police Consortium, as the same may be amended from time to
time by such entities, subject to the written agreement by such governmental entity to the ,-
terms of this Agreement and subject further to the payment of the amounts set forth in
Exhibit B attached hereto. _
1.7 Agreement for Professional and Technical Services, Statement of Work and Agreement
for Extended Service shall mean those documents of the same name executed by
TIBURON and CLIENT.
2. License.
2.1 Grant of License. TIBURON grants to LICENSEES, pursuant to the terms and conditions
of this Software License Agreement, a non - exclusive, non - transferable, perpetual license to
use the Licensed Programs as set forth in Exhibit A.
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LICENSEES' own use. LICENSEES shall not allow use of the Licensed Programs by any
third parties, shall notify TIBURON in writing of any changes in the place or places where the
Licensed Programs are to be used other than those set forth on ExhibitsA or B and shall not
allow use of the Licensed Programs at any site other than those as to which TIBURON has
been so notified or which are set forth in Exhibits A or B. CLIENT shall not process or permit
to be processed the data of any other entity, except as otherwise expressly provided herein.
CLIENT shall not distribute or allow distribution of the Licensed Programs or any materials
relating to the Licensed Programs without TIBURON's consent.
2.3 Copies. LICENSEES, jointly and not individually, solely for their own use, may make two (2)
archival copies of the Licensed Programs, provided that each copy shall include TIBURON's
copyright and other proprietary notices. LICENSEES shall have no other right, in whole or
in part, to copy the Licensed Programs. Any copy made by LICENSEES is the exclusive
property of TIBURON, subject to LICENSEES' rights of use as provided hereunder.
2.4 Modifications. CLIENT agrees that only TIBURON will have the right to alter, maintain,
enhance, or otherwise modify the Licensed Programs ("Modifications ") unless (1) prior review
and approval by TIBURON has been granted for the specific changes and the person or
entity making such changes, (2) TIBURON is in breach of its obligations under the Statement
of Work, Agreement for Extended Service or the Agreement for Professional and Technical
Services, (3) the Agreement for Extended Service has terminated without the termination of
this Software License Agreement, or (4) TIBURON is unable to timely and for a reasonable
cost, as determined by CLIENT, to make the Modifications desired by CLIENT. In the event
CLIENT is so permitted to make Modifications, CLIENT shall be permitted to engage the
service of such third parties as it shall determine and shall not be considered to have
breached any of the confidentiality, nondisclosure or restriction on transfer or use provisions
of this Software License Agreement, including but not limited to Paragraphs 2.2 or 7.1 hereof,
if such third party agrees to be bound by the confidentiality, nondisclosure and restriction on
transfer or use provisions of this Software License Agreement It is understood and agreed
that in the event that CLIENT alters, maintains enhances or otherwise modifies the Licensed
Programs without the approval by TIBURON, any continuing warranty, maintenance or
liability obligations of TIBURON arising from the subsequent use of the Licensed Programs
shall cease and terminate in their entirety.
LICENSEES will not disassemble, decompile, or reverse engineer the Licensed Programs,
or allow any third party to do so.
2.5 Source Code. TIBURON will provide to LICENSEES, jointly, Licensed Programs in both
operating version and in the form of machine - readable source code for all Licensed
Programs. LICENSEES accept TIBURON source code under the terms and conditions of
this Software License Agreement.
3. Ownership.
3.1 Except as licensed to LICENSEES, TIBURON retains all right, title, and interest in the
Licensed Programs. TIBURON shall further own all right, title and interest to any
Enhancements or Derivative Works, regardless of which party created them, subject to the
grant of the license to LICENSEES of a non - exclusive, non - transferable, perpetual license
to use to such Enhancements and Derivative Works.
3.2 Assignment of Rights by LICENSEES. By this Agreement, CLIENT on its own behalf and
on behalf of the Members, hereby assigns to TIBURON any and all rights it or the Licensees
may have or later acquire to any and all Derivative Works, subject to the license granted to
LICENSEES to use such Derivative Works.
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4. Term and Termination
4.1 Effective Date. This Agreement shall take effect upon the latest date that appears on the
Signature Page of this Agreement.
4.2 Term. This Agreement shall continue in effect unless terminated as set forth under
subparagraph 4.3 of this Agreement.
4.3 Termination. CLIENT may terminate this Agreement by providing thirty (30) days written
notice to TIBURON of its intent to do so. TIBURON may terminate this Agreement and the
license to use the Licensed Programs if (a) CLIENT breaches any material provision of this
Agreement, (b). TIBURON has provided CLIENT written notice of such breach, (c) such
breach has not been cured within thirty (30) days after receipt by CLIENT of notice of such
breach, and (4) thereafter TIBURON provides CLIENT written notice of the termination of this
Agreement and the licenses hereunder. TIBURON may terminate the license to use a
particular Licensed Program associated with a particular System (as that term is used in the
Agreement for Professional and Technical Services) if (a) CLIENT fails to pay the fees
required for use of such Licensed Program for such System as set forth in the Milestone
Delivery and Payment Schedule attached as Appendix B to the Agreement for Professional
and Technical Services, (b) TIBURON has provided CLIENT written notice of such breach,
(c) such breach has not been cured within thirty (30) days after receipt by CLIENT of notice
of such breach, and (4) thereafter TIBURON provides CLIENT written notice of the
termination of such license.
4.4 Effect of Termination. In the event of termination of the license to use one or more of the
Licensed Programs, CLIENT agrees to destroy, within ten (10) days of such termination of
license, the Licensed Programs as to which the license shall have terminated, all copies of
such Licensed Programs, all other materials related to such Licensed Programs, and any
derivative materials related to such. Licensed Programs, in LICENSEES' possession.
4.5 Survival. Regardless of the method of or reason for termination of this Agreement the
following paragraphs will remain in effect: 7.1 Confidential Information.
5. Dispute Resolution.
5.1 Good Faith. The parties agree to act in good faith to resolve all disputes arising under this
Agreement.
5.2 Equitable Relief. Each party understands and agrees that the Confidential Information of
the disclosing party constitutes valuable business assets of the disclosing party, the
unauthorized use or disclosure of which may irreparably damage the disclosing party. In the
event of breach of confidence or threatened violation of its obligations under Paragraph 7. 1.
the disclosing party shall be entitled to an injunction obtained from any court having
appropriate jurisdiction restraining the recipient from disclosing Confidential Information.
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40 8 2
6. Limited Warranties and Liability
6.1 Warranty. NO EXPRESS OR IMPLIED WARRANTIES FOR THE LICENSED PROGRAMS,
INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ARE CREATED BY THIS SOFTWARE LICENSE AGREEMENT.
ANY SUCH WARRANTIES ARE LIMITED TO THOSE, WHICH ARE PROVIDED IN THE
AGREEMENT FOR PROFESSIONALAND TECHNICAL SERVICES, THE STATEMENT OF
WORK OR THE AGREEMENT FOR EXTENDED SERVICE.
6.2 Limitation of Liability. NEITHER TIBURON NOR ANY PERSON ASSOCIATED WITH
TIBURON SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES FOR BREACH OR FAILURE TO PERFORM UNDER THIS
AGREEMENT, EVEN IF TIBURON HAS BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED
BENEFITS OR PROFITS -RESULTING FROM THE OPERATION OR FAILURE TO
OPERATE OF THE LICENSED PROGRAMS, EXCEPT TO THE EXTENT PROVIDED IN
THE AGREEMENT FOR PROFESSIONAL AND TECHNICAL SERVICES, THE
STATEMENT OF WORK OR THE AGREEMENT FOR EXTENDED SERVICE. THIS
CLAUSE SHALL SURVIVE THE FAILURE OF ANY EXCLUSIVE REMEDY FOR BREACH
OF WARRANTY OR ANY OTHER PROVISION OF THIS AGREEMENT.
7. Miscellaneous
7.1 Confidential Information. CLIENT agrees that the Licensed Programs and related materials
contain proprietary information including trade secrets, know -how and confidential information
that is the exclusive property of TIBURON. As used in this Agreement, "Confidential
Information" shall mean TIBURON software and documentation, as well as any information
or data of a confidential nature clearly labeled as confidential. During the period this
Agreement is in effect and at all times after its termination, CLIENT and its employees and
agents shall maintain the confidentiality of the Confidential Information and not sell, license,
publish, display, distribute, disclose, or otherwise make available the Confidential Information
to any third party nor use such information except as authorized by this Agreement. CLIENT
shall not disclose any such Confidential Information to persons not an employee of CLIENT
without the prior written consent of TIBURON.
7.2 Relationship. The relationship created hereby is that of Licensor and Licensee, and nothing
herein shall be deemed to constitute either party as an agent, employee or franchisee of the
other parry.
7.3 Successors. Subject to, and unless otherwise provided in this Agreement, each and all of
the covenants; terms, provisions, and agreements contained in this Agreement shall be
binding on, and inure to the benefit of, the permitted successors, executors, heirs,
representatives, administrators, and assigns of the parties hereto; provided, however, that
this Agreement and the rights granted CLIENT shall not be assignable by CLIENT without
the prior written consent of TIBURON. TIBURON shall have the right to assign this
Agreement to its Affiliates without notice to CLIENT.
7.4 No Waiver. Any waiver of any provision of this Agreement, or a delay by either party in the
enforcement of any right hereunder, shall neither be construed as a continuing waiver, nor
create an expectation of non - enforcement of that or any other provision or right.
7.5 Governing Laws. The validity, interpretation, performance, and enforcement of this
Agreement shall be governed by the laws of the State of California.
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7.6 Notices. Notices shall be in writing and deemed given when personally delivered or when
deposited in the United States mail, first class postage prepaid, return receipt requested,
addressed to the person to whom notice is given at the addresses set forth below or at any
other address designated by notice by a party:
If to the CLIENT:
Chief of Police
City of Hawthorne
4455 West 1261' Street
Hawthorne, CA 90250
Phone: (310) 970 -7975
FAX: (310) 676 -6856
If to TIBURON:
Contract Administrator
Tiburon, Inc.
39350 Civic Center Drive, Suite 280
Fremont, California 94538
Phone: (510) 792 -2108
FAX: (510) 792 -2897
7.7 Complete Agreement. This Software License Agreement, together with the attachments
hereto which are incorporated by reference herein, is the entire agreement between the
parties. It supersedes all prior or contemporaneous communications, representations or
agreements, whether written or oral, with respect to the subject matter hereof.
7.8 No Rights In Third Parties. This Software License Agreement is made for the benefit of
TIBURON and the CLIENT and not for the benefit of any third parties.
7.9 Amendment. No modification to this Software License Agreement will be binding, unless
in writing and signed by a duly authorized representative of each party.
IN WITNESS WHEREOF, the parties have hereunto set their hands on the dates set forth below.
C9i>!FQ11 -1
Signature of Authorized Representative
Name
Title
Date
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Tiburon, Inc.:
Signature of Authorized Representative
Name
Title
Date
r
4 0
EXHIBIT A TO
SOFTWARE LICENSE AGREEMENT
BETWEEN TIBURON, INC.
AND
CITY OF HAWTHORNE
LICENSED PROGRAMS AND AUTHORIZED USE OF SOFTWARE
The following software programs are licensed for use by the CLIENT under this Software License Agreement
CAD /2000 Nucleus (2 service types, 3 agencies)
CAD Dispatch workstations (Site license covering RCC CAD system operations)
CAD Call Taker /Status Workstations (Site license covering RCC CAD system operations)
CAD Remote Status workstations (Site license covering RCC CAD system operations)
RTM Mapping Workstations (16 users within the RCC CAD local system network)
RTM Server (1 server license)
RMS /2000 Nucleus (single server license - 3 agencies) including:
• Automated Reporting System (ARS)
• Alpha System
• Location System
• Incident System
• Property /Evidence
• Special Flags
• Arrest and Booking
• General Inquiries
• Browser Access
• Case Management
• Crime Analysis
• Traffic Management
• UCR Crime Statistics
• Calls for Service /Unit History
CMS /2000 Nucleus (single server license - 3 agencies) including:
• Alpha System
• Facility Management
• Event Processing
• Booking
• Release Processing
• Browser Access
• Classification
• Medical Processing
• Visitor Control
RMS Graphical Workstations including:
• Law RMS GUI Workstation licenses (45 licenses)
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4082
• Law RMS Automated Reporting Extension (45 licenses)
• CMS GUI Workstation (10 licenses)
• Workstations (inquiry only) Web Browser Access (104 licenses)
Integrated Message Switch including:
• MSS Software (single server license - 3 agencies)
• Concurrent mobile interfaces (40 concurrent licenses)
• RNC Interface (single server license - 3 agencies)
• TCP /IP Interface to JDIC (single server license - 3 agencies)
• Reformatting subsystem (single server license - 3 agencies)
• Concurrent AVL Interfaces (40 concurrent licenses)
Automated Reporting /Mobile Data System including:
• Field Reporting /Mobile Dispatch System (single server license - 3 agencies)
• ARS /MDS Laptop software (83 licenses)
Supporting Systems including:
• RMS Browser Nucleus (single server license - 3 agencies)
• CARS Reporting System User (single server license - 3 agencies)
Interfaces and Special Systems
• E911 Interface (single server license)
• Master Time Interface (single server license)
• MDC /MDT CAD functionality (single server license)
• Fire Alerting Interface/Tone Encoder (MOSCAD or Zetron) (single server license)
• Rip & Run fire station printer interface (single server license)
• CAD to SunPro Interface Version 3.750 (single server license)
• GCP- Conversion /Merging TGF to Online Files (single server license)
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4082
EXHIBIT B
Members of the South Bay Police Consortium as of July 31,2000:
City of Hawthorne
Hawthorne Police Department
4440 West 126th Street
Hawthorne, California 90250
City of Gardena
Gardena Police Department
1718 West 162nd Street
Gardena, California 90247
City of Manhattan Beach
Manhattan Beach Police Department
42015th Street
Manhattan Beach, California 90255
South Bay Regional Public Communications Authority (the "RCC" )
12227 Hawthorne Way
Hawthorne, California 90250
Pricing for Additional Members of the Consortium as Licensees
For the admission of any new Member of the Consortium in addition to those listed above, TIBURON shall
be paid a server -based license fee equal to 5% of the server fee for the Licensed Software for each
subsystem as originally set forth in the Agreement for Professional and Technical Services, plus 100% of the
license fee for the Licensed Software for the client workstations as published by TIBURON as being in effect
at the time of the addition of such new Member of the Consortium; provided, however, that new Members shall
not be subject to license fees for Licensed Software for CAD Dispatch Workstations, CAD Call Taker /Status
Workstations or CAD Remote Workstations, which shall be covered by the existing site licenses granted to
the Consortium limited however to the use of such Licensed Software within the County of Los Angeles; and
provided further that any use of such Licensed Software outside of the County of Los Angeles shall be subject
to the license fee structure set forth immediately above.
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- 24 -
Appendix D
Tiburon Enhancement Proposal
4082
TI BUR , N0
June 29, 2010
Jim Mitsch
City Manager
Hawthorne Police Department
12501 S. Hawthorne Blvd.
Hawthorne, CA 90250
Subject: Enhancem ent (EP) -20089 — Add El Segundo Police Department
4081
Tiburon, Inc,
6200 Stonendge Mall Road
Suite 400
Pleasanton, CA 94588
USA
T 925.621.2700
P . 925.621.2799
,wAv.tiburorunc.com
Reference Altireement: Asreement for Extended Services between the City of Hawthorne and Tiburon.
Inc. dated July 1. 2001
Dear Mr, Mitseb:
Tiburon, Inc. is pleased to present the Hawthorne Police Department (hereinafter, "Client') With this
Enhancement Proposal to add the M Segundo Police Department as an additional agency to your CAD,
RMS, CMS and Mobile Systems (hereinafter, referred to as the "Proposal").
Scope Description and Responsibilities
The attached Exhibit 1, Statement of Work describes the project tasks, responsibilities of each party and
defined completion criteria.
Note: This Enhancement Proposal does not include the Firehouse, Questys, EvidenceOnQ, AVL, or
Crime View Interfaces. A separate Enhancement Proposal is forthcoming for these additional
components for the El Segundo Add -on project.
Price Description
1) Proposal firm fixed price:
CAD Workstation Licenses (2)
$8,000
RMS Workstation Licenses (20)
$30,000
MobileREPORTS Workstation Licenses (13)
$13,000
MDS Workstation Licenses (29)
$14,500
CMS Workstation Licenses (2)
$1,000
RMS Training
$37,271
Services to Add Agency
$12,168
First Year Warranty
$10,110
Total
$126,049
A Cwir --DYNE CONIPANY
40
Jim Mitsch
City Manager
Hawthorne Police Department
Proposal: EP -20089 Add El Semando Police Department
Page 2 of 6
2) As a result of this signed quote, the Tiburon Annual Maintenance Fee will increase by $14, 868. This
fee will be prorated into Hawthorn's existing Tiburon Annual Maintenance Fee effective December
1, 2010.
3) One (1) Year Warranty is included, and begins upon active use by El Segundo of the current
Hawthorne production system (cutover).
4) Training is included as listed in statement of work.
5) Travel and on -site time is included as listed in statement of work.
6) This Proposal does not include 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.
2) Payment Schedule:
500/o Upon Tiburon receipt of the signed acceptance of this Proposal.
• 50% Upon achievement of the listed completion criteria.
3) Client's acceptance of this 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.
5) This fixed price Proposal is valid through September 1, 2010.
The Remainder of this Page Intentionally Left Blank
Jim Mitsch
City Manager
Hawthorne Police Department
Proposal: EP- 200.89 Add El Seeundo Police Department
Page 3 of 6
Upon review and acceptance of this Proposal, please sign below and return the signed copy of the
Proposal to Ray Atencio via e-mail at k. r� _ ,�a, a < `: >: or fax 925- 621 -2799. If you have any
questions or require further information, please contact Ray Atencio at 505 -314 -6455 at your
convenience.
Sincerely,
Ray Atencio
Account Manager
Attachments:
Exhibit 1: Statement of Work
By this signature, Client accepts this Proposal
n e / Title
Pn ted Nam
Is. tc�7
Date
4U.
40 82 .
Exhibit 1
Statement of Work
Scope Description
Tiburon will add the El Segundo Police Department as an additional agency to the Hawthorne Police
Department's CAD,.RMS, CMS, and MDS systems.
Tiburon will assign the following licenses for the El Segundo Police Department:
RMS Workstation Licenses
20
CMS Workstation Licenses
2
MobileREPORTS Workstation Licenses
13
CAD Workstation Licenses
2
MDS Workstation Licenses
29
This part of this proposal is only for the additional software license fees and the initial software setup that
allows the CAD, RMS, MDS, and CMS to be used by El Segundo.
The tasks involved are:
1) Hawthorne to provide the following information for El Segundo: Department Name, Phone #,
Fax #, Address, City, State, Zip, ORI, Dept Head Name (Chief or Sheriff), Title, 2- character
Agency ID code.
2) Setup the database environment in TRN and PRD, create the RMS Agency configuration and
update the site configurations to include any new cities that need MLI generation.
3) Tiburon will move the changes over to PRD.
4) Hawthorne will add OPER entries for the new agency login (with security).
5) Hawthorne will test the new agency by adding and modifying records, running reports and
checking WebQuery.
Tiburon will provide the following training to the El Segundo Police Department to assist with the new
applications being used by their agency:
1) RMS Training to include:
• Testing and Prep (5 days)
• Train the Trainer (4 days onsite, limit 10)
• Mobile Reports Training (1 day onsite)
• Cutover Support (2 days onsite)
A C(o-mruDyta COMPANY
Jim Mitsch
City Manager
Hawthorne Police Department
Proposal: EP 20089 Add El Seeundo Police Department
Page 5 of 6
• 7 days onsite, 2 trips
Tiburon Responsibilities
1) Perform tasks as per the Scope Description.
Client Responsibilities
1) Designate a person to be the principal point of contact for all technical questions and administrative
arrangements relating to this Enhancement Proposal.
2) Provide VPN access to Tiburon development personnel.
3) Provide network connectivity to the additional agencies.
4) Perform Hawthorne tasks as per the Scope Description.
5) Provide workstations in accordance with Tiburon's specifications on which to install the client
applications.
6) Install and test the workstation client applications on all of the workstations.
7) Provide training for the agency personnel after Tiburon training is provided.
Completion Criteria
This work will be considered complete ten (10) business days after Tiburon has provided the Client with
written notification that the interface is ready for testing in the test system, or the interface has been
placed into production, whichever comes first. If Client does not confirm completion with a sign off
letter presented by the Tiburon project manager within ten (10) business days of submittal of such letter,
or otherwise notifies Tiburon in writing why completion sign -off has not been provided any final
invoice(s) will be issued and will be payable in accordance with the payment terms of this Enhancement
Proposal.
- 25 -
Appendix E
El Segundo Designated Facilities
40 8 2 .
APPENDIX E
El Segundo Designated Facilities
Here are the following locations where there will be workstations and /or printers
connected to the Tiburon system.
1. El Segundo Police Department
348 Main Street
El Segundo, CA 90245
2. El Segundo Fire Department
Station 1
314 Main Street
El Segundo, CA 90245
El Segundo Fire Department
Station 2
2261 E. Mariposa Avenue
El Segundo, CA 90245
- 26 -
Appendix F
El Segundo Client Workstations and Other Hardware
4 0 6
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