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INSURANCE GN FILE: N-2009-146 <br />WORK MAY r ZOCEED <br />UNTIL INSUh~NCE EXPIRES <br />-/ - ~~~ <br />CLERK OF ~(UNCIL MASTER SUPPORT AGREEMENT <br />_DATE: <br />This'KA~'ster Support Agreement (this "Agreement") is entered into this 15 day of March 2009 (the "Effective <br />(?' i ~ Date"), by and between the City of Santa Ana, a charter city and municipal corporation organized and existing <br />~ti'u ~~~~~ under the Constitution and laws of the State of California (the "Client") and Tiburon, Inc., a Virginia <br />corporation with its principle place of business at 6200 Stoneridge Mall Road, Suite 400, Pleasanton, <br />California, 94588 (hereinafter, "Tiburon") <br />WHEREAS, the Client has determined that it desires to obtain from Tiburon certain support services relating <br />to the Fire Department Response Management System; and <br />WHEREAS, Tiburon is qualified to provide the support services specified in this Agreement and; subject to <br />the terms and conditions set forth in this Agreement, Tiburon desires to provide such support services; <br />NOW THEREFORE, in consideration of the mutual covenants contained herein, the Client and Tiburon <br />hereby agree as follows: <br />List of Exhibits <br />Exhibit 1: Definitions <br />Exhibit 2: Covered Applications <br />Exhibit 3: Training <br />Exhibit 4: Third-Party Support Contracts <br />Exhibit 5: Site, System and Network Specifications <br />Exhibit 6: Back Up Schedule and Procedures <br />Exhibit 7: Warranty & Maintenance Support -Guidelines & Options <br />1. Definitions <br />Capitalized terms used herein and in any exhibit hereto shall have the definitions set forth on Exhibit 1 attached <br />hereto and incorporated herein by this reference, unless otherwise defined herein. <br />2. Support <br />2.1. Basic Support. Subject to the terms and conditions set forth in this Agreement, Tiburon <br />shall provide the following support for the Covered Applications ("Basic Support"). <br />(a) Application Errors. Tiburon will correct Errors in any of the Covered Applications <br />discovered by the Client in accordance with Tiburon's Warranty & Maintenance Support -Guidelines <br />& Options, provided (a) the Client provides all information regarding such Error that may be <br />requested by Tiburon in accordance with Section 5.1 hereof (Technical Service Requests], (b) such <br />Error is reproduced by the Client in accordance with Section 5.4 hereof (Error Reproduction), and (c) <br />the Client has provided Tiburon with remote access to the System as required under Section 5.2 <br />hereof (Remote Access). <br />(b) Client Support Center. Tiburon will provide toll-free telephone support for <br />operational and technical assistance during Tiburon's normal support hours of 8:00 a.m. to 5:30 p.m. <br />local time in the Client's time zone (not including weekends and Tiburon holidays). Tiburon reserves <br />the right to charge reasonable call-out fees for any call received other than during Tiburon's normal <br />support hours. <br />(c) Account Manager. Tiburon will designate in writing a single individual to act as the <br />Page 1 of 14 <br />Santa Ana Master Su <br />pport Agreement <br />