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<br />I"'" r'l ':iLE <br /> <br />\~\~!-<' ";~í.,';;;-~","~~,.=7:~~ '1.:" <br />I';:-;':¡ 1,:'" ;,ii"'.¡'i,,.:C .:/\¡-,IFiI...S <br />'-' ,'j "... ,"""~' . <br />O..2::;Ol - -2"'" / <br />CITit:< OF COUI~CIL. <br />O;\TE: 10 -(0 - oJ AGREEMENT FOR EXTENDED SERVICE <br />'/'j? <br />C, pc¡</' <br />This Agreement is entered into this 28'h day of August, 2000, by and between the City of Santa Ana, a charter city <br />and municipal corporation organized and existing under the Constitution and laws of the State of California, P,O. <br />Box 1981, Santa Ana, CA 92702 (hereinafter referred to as "CLIENT") and Tiburon, Inc. (hereinafter referred to as <br />"TIBURON"), having its primary place of business at 39350 Civic Center Drive, Suite 280, Fremont, California <br />94538. <br /> <br />" <br /> <br />. <br /> <br />. <br /> <br />TIBURON, INC. <br /> <br />A-2000-1 62 <br /> <br />IT IS HEREBY AGREED: <br /> <br />WHEREAS, CLIENT has determined that it requires the categories of application software maintenance on the <br />software systems which have been provided to CLIENT by TlBURON under a separate agreement (hereinafter the <br />"PROGRAM"). These software systems are identified in Exhibit A, which is attached hereto and hereby <br />incorporated by reference, and <br /> <br />WHEREAS, CLIENT requires the provision of professional and technicai services and materials as specified in this <br />Agreement, and <br /> <br />WHEREAS, TIBURON is qualified to provide the services and materials required by CLIENT as specified in this <br />Agreement. <br /> <br />NOW THEREFORE, in consideration of the mutual covenants contained herein, CLIENT and TIBURON agree as <br />foilows: <br /> <br />1. <br /> <br />2. <br /> <br />PERIOD OF PERFORMANCE <br /> <br />The term under which TIBURON shail be obligated to perform under this Agreement shail be for the time <br />period specified in Exhibit A, and shail continue for this time period or until this Agreement has otherwise <br />been terminated as provided herein. <br /> <br />STATEMENT OF WORK <br /> <br />With respect to the PROGRAM, TIBURON shail perform the foilowing maintenance services: <br /> <br />a. <br /> <br />TIBURON shail retain a copy of the PROGRAM source code. <br /> <br />If during the term of this Agreement, (1) CLIENT discovers defects in the PROGRAM such <br />that the PROGRAM will not perform in accordance with the specifications as previously <br />accepted by CLIENT, (2) CLIENT notifies TIBURON of such defects in writing; and (3) such <br />defects are reproducible, then TIBURON shail provide timely corrections of such defects. <br /> <br />b. <br /> <br />c. <br /> <br />If problems arise concerning the PROGRAM, TIBURON shail provide telephone assistance and <br />support via remote dial-in. <br /> <br />d. <br /> <br />If remote support is availabie, but an on-site visit is required to correct the defect, TIBURON <br />wiil travel to the site at no additional charge if the problem lies solely with TlBURON <br />application software. If CLIENT is unable to provide remote dial-in and an on-site visit is <br />necessary to correct the problem, TIBURON wiil bill for travel and per diem costs. If the <br />problem is CLIENT generated, CLIENT is responsible for ail fees and expenses and will be <br />biiled at TIBURON's current service rate in addition to ail travel costs. <br /> <br />e. <br /> <br />TIBURON shail provide CLIENT with a quarterly status report to include a summary of site <br />activity and client requests. <br /> <br />V2 Ext Svc Ex A&B-Santa Ana.. 8-28-00 <br /> <br />Page 1 of 6 <br />