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HomeMy WebLinkAbout25P - SOFTWARE MAINT AND SUPPORT REQUEST FOR COUNCIL ACTION - a ' CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 15, 2010 TITLE. APPROVED ? As Recommended AGREEMENT WITH KCC KNOWLEDGE ? As Amended COMPUTING Ltd. TO PROVIDE El Ordinance on ` Reading ? Ordinance on 2~`' Reading ANNUAL SOFTWARE MAINTENANCE ? Implementing Resolution AND SUPPORT ? Set Public Hearing For r CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with KCC Knowledge Computing Ltd, for the software application maintenance and customer support in an amount not to exceed $57,500 subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On June 15, 2006, Council approved the agreement with KCC Computing, to provide annual software maintenance and support of the Visiphor Booking System which enables sworn personnel the ability to access data compiled by multiple police agencies. The Santa Ana Police Department requests to amend the agreement to provide for an additional year of basic software service and maintenance. This Visiphor Booking System is proprietary and owned by KCC Computing (CANADA) and can only be serviced by this company. The recommended action will allow for continuous and uninterrupted service. FISCAL IMPACT Funds are available in the Police Department's Computer Services fund (account no. 01114425- 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Francisco Gutierrez Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency 25P-1 THIRD AMENDMENT TO SUPPORT AND MAINTENCE AGREEMENT THIS THIRD AMENDMENT TO SUPPORT AND MAINTENANCE AGREEMENT is entered into on August 2, 2010, by and between, KCC Knowledge Computing (Canada) Limited, formerly known as Visiphor Corporation, a corporation having its principal place of business located at 1424 - 4710 Kingsway, Burnaby BC ("KCC") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS: A. The parties entered into that certain Agreement #A-2006-169, dated June 15, 2006, (hereinafter "said Agreement") by which Visiphor provided software designed to enhance the retrieval of law enforcement records for use in jail and intelligence operations. B. Knowledge Computing Corporation acquired the assets of Canadian-based Visiphor Corporation. Under the terms of the agreement, Knowledge Computing Corp. acquired the rights to Visiphor's intellectual property and all of their physical assets and took over client contracts related to law enforcement, including the Santa Ana Police Department contract. To support the acquisition, Knowledge Computing formed a wholly owned subsidiary, KCC Knowledge Computing (Canada) Limited located in Vancouver, British Columbia. C. In accordance with the terms and conditions of said Agreement, the parties wish to extend the Customer Support Agreement by which KCC has supported and maintained the software and applications. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows: 1. Pursuant to Section 3. 1, CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS, warranty support commenced August 1, 2007 and continued through July 31, 2008. The parties desire to extend the customer support through September 30, 2011, in accordance with the Customer Support Agreement. 2. The City agrees to pay and KCC agrees to accept, as total compensation for KCC's Software and Application Maintenance and Support services, an annual fee of $57,500 for the term from November 1, 2010 through September 30, 2011. In order to provide continuous uninterrupted service, all services provided by KCC since August 1, 2010, shall be included within the Scope of Services of this Agreement. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25P-3 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Support and Maintenance Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: KCC KNOWLEDGE COMPUTING JOSEPH W. FLETCHER (CANADA) LIMITED City Attorney By: MELISSA CROSSTHWAITE (NAME) Deputy City Attorney (Title) Tax ID# RECOMMENDED FOR APPROVAL: PAUL M. WALTERS Chief of Police 25P-4