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Home My WebLink AboutTIBURON, INC. 1C - 2003~NSUR,~,NC'C Off ~ wORK MAY PROCEED THIRD AMENDMENT TO AGREEMENT FOP. EXTENDED SERVICE ^-2003-191 and between the City of Santa Ann, a charter city and mumcipal corporation duly orgamzed and existing under the Constitution and laws of the State of California ("City") and Tiburon, Inc., a California corporation ("Consultant"). RECITALS A. The City mad the Consultant entered into that certain agreement dated August 28, 2000, hereinafter refer~ed to as "said Agreement", for computer sof~vare support services of City's dispatch, message switch and corrections management systems and equipment. B. Parties entered into an amendment to said Agreement, dated December 17, 2001, whereby parties expanded the scope of work and amended the compensation ("First Amendment"). C. Parties entered into an amendment to said Agreement, dated March 17, 2003 whereby parties expanded the scope of work and amended the compensation ("Second Amendment"). D. The parties now desire to amend said Agreement again by expanding the scope of work, amending the compensation and extending the time for completion ("Third Amendment"). WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter comained and made, and subject to all of the terms and conditions o£ said Agreement, the First Amendment, and the Second Amendment are hereby amended, the parties hereto do hereby agree as follows: 1. The services to be undertaken by Consultant are expanded to include the services identified in Exhibit A and B attached hereto to this Third Amendment and incorporated into said Agreement by this reference ("Additional Services"). 2. This Third Amendment shall commence on October 1, 2003 and terminate on September 30, 2004. 3. As full compensation for the Additional Services, City agrees to pay, and Consultant agrees to accept, payment in an amount not to exceed Thirty Six Thousand Eight Hundred Thirty Eight Dollars ($36,838.00). 4. Except as modified above and in the First Amendment dated December 17, 2001, and in the Second Amendment dated March 17, 2003, the terms and conditions of said Agreement, remain unchanged and in full force effect. Page 1 of 2 1N WITNESS WHEREOF, the parties have executed this Third Amendment to said Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY, Clerk of the Council David rN.~Re4 ¥~c~ (//an~ 1 ~.~ City Manager APPROVED AS TO FORM ~SEP~ W. FL~T~E~, City Attorney RECOMMENDED FOR APPROVAL: Paul Walters Chief of Police Name:--'~ry ~. Bunyard Title: President & CEO Tax ID#: 33-0998443 Page 2 of 2 EXHIBIT A TO THE AGREEMENT FOR EXTENDED SERVICES SOFTWARE SUPPORT AND MAINTENANCE FEES CLIENT CONTACT - Bob Faster Santa Ana Police Department CLIENT # U766-03 PO Box 1981 Santa Ana, CA 92702 Support and Maintenance provided to the CLIENT listed above shall be pursuant to the terms and conditions of the TIBURON Agreement for Extended Service dated August 28, 2000 (the "Agreement"). The term of the Agreement shall commence on the effective date and shall continue until termination in accordance with the terms thereof. This exhibit sets forth the current annual maintenance fee for the software applications and software modules listed below. Upon payment of the amount set forth below, this Exhibit A shall be attached to and become part of the Agreement. Except as provided below, annual maintenance fees are payable in advance of each anniversary of the effective date of the Agreement. Tiburon reserves the right to increase the annual maintenance fee on an annual basis upon ninety (90) days prior written notice to the CLIENT, which adjustments shall become effective on the anniversary of the effective date of the Agreement. The annual maintenance fee will be adjusted as necessary to reflect changes in the software applications and software modules listed below or changes in the level of support provided under the Agreement. Such adjustments will be charged or credited as incurred on a pro rata basis and will be reflected in a new Exhibit A, which, upon delivery to the CLIENT, shall be attached to, and become part of, the Agreement. Payments for all technical services outside the scope of Basic Services and Options included in the CLIENT's annual maintenance fee shall be invoiced to the CLIENT as incurred. All such invoices shall be due and payable within thirty (30) days of CLIENT's receipt thereof. Tiburon reserves the right to charge an administrative fee of 10% of the annual maintenance fees for semi- annual or quarterly invoices. Software Model Months CPU Make Start End Total Fees CMS 12 10/1/03 9/30/04 $ 36,838.00 Total $ 36,838.00 Failure to pay when due the annual maintenance fee, any adjustment thereto, any invoice or any other amounts owing under the Agreement shall constitute a default under the Agreement and could result in the termination of support services under the Agreement, additional administrative charges for reinstating lapsed support services, as well as collection fees (including reasonable attorneys' fees and expenses). Santa Ana PD Ex A 2003 Page 1 of 1 EXHIBIT B TO THE AGREEMENT FOR EXTENDED SERVICE SCHEDULE OFSERVICESAND CHARGES Support and Maintenance provided to the CLIENT listed in Exhibit A shall be pursuant to the terms and conditions of the TIBURON Agreement for Extended Service dated August 28, 2000 (the "Agreement"), Upon CLIENT's payment of the amount set forth on Exhibit A to the Agreement, this Exhibit B shall be attached to, and become part of the Agreement. Any changes to the services options selected in this Exhibit B shall be reflected in a new Exhibit B which, upon payment of any additional amounts due, shall be attached to, and become part of, the Agreement. BASIC SERVICES TIBURON will provide basic services as defined in t he Statement o f Work contained in Section 2 of t he Extended Service Agreement for the software systems as defined in Exhibit A. Support for Computer Aided Dispatch, Message Switch and Corrections Management Systems is 24 hours per day, 7 days per week. Support for other products is from 8:00 a.m. to 5:30 p.m. Pacific Time, excluding weekends and normal TIBURON holidays, unless the "24/7" Service Option is selected. In all cases, call-out charges will apply as described below. Tiburon personnel will visit CLIENT site periodically and meet with management, operations and other user personnel to conduct an operations review of the systems and an analysis of the CLIENT's automation requirements. A report will be produced to include observations and recommendations regarding the CLIENT's use of the system. Working with the CLIENT, this review will be further documented in the form of a multi-year automation plan for the CLIENT. There will be no charge for this service if total annual maintenance exceeds $20,000. The following is paraphrased from the recently adopted Bylaws. Voting membership in the Tiburon User Group, as set forth herein, is included in the Basic Service. The quantity of voting members is based on the number of Tiburon products installed, with the appropriate software licenses, at the CLIENT. For purposes of establishing voting memberships, a product is defined Computer Aided Dispatch, Police Records Management, Fire Records Management, Correction Management System, and Mobile Data System. The Tiburon User Group Conference is held annually at a location to be determined. "24/7" SERVICE OPTION $7,000 per year/per system (initial) Products not normally covered by 24-hour support may optionally be supported with 24-hour coverage (including TIBURON holidays). Applicable call-out charges continue to apply. If this option is not in force, technical support requests outside of covered hours are charged at technical service rates as defined below. NEW PRODUCTS Additional TIBURON software systems, subsystems and TIBURON provided third-party products, such as hardware, and networking software may be acquired under this Agreement. TIBURON installation, special tailoring, license fees and third-party peripherals required shall be charged at the then current Technical Services Rate or as quoted by TIBURON or the third party. Santa Ana PD Ex B 2003 Page 1 of 2 GOLD CARD SERVICE OPTION Quote available on request A total support program is tailored for CLIENT and includes a schedule of on-site visits by TIBURON personnel for data base management, working with end users to identify and resolve problems and to apply agreed upon software changes, installation of new software products obtained through this Agreement, and a comprehensive training program. (if selected by CLIENT the terms of this option are defined in the Gold Card Service Schedule and will be attached as Exhibit C and incorporated herein by reference.) TECHNICAL SERVICE RATES 1. Technical Service Rates Technical Services Rates shall be invoiced to CLIENT as incurred at the rates then in effect. A minimum of four (4) hours per occurrence will be charged for work conducted at TIBURON facilities and a minimum of eight (8) hours at CLIENT site for Technical Services not covered under Basic Services or "24/7" Service Option as described previously. 2. Materials, Travel and Per Diem Expenses When applicable, all special materials, plus travel and per diem expenses shall be charged to CLIENT at cost. 3. Call-Out Char,qes Systems not covered under 24/7 support, call-outs will be billed at $250 per call. After the first hour, the rate is $250 per hour with a two-hour minimum. If CLIENT's systems are covered under the 24/7 support, the off-hour call-out fee is $50. 4. Remote Access All charges in this Agreement are predicated on CLIENT providing the required hardware, software, and operating environment for dial-in service. If CLIENT does not provide this support for dial-in service, the following additional charge will apply: $500 per month per system supported In addition, travel and per diem expenses for on-site support required due to lack of remote access will be charged as defined in Exhibit B, page 2, item 2. Santa Aha PD Ex B 2003 Page 2 of 2 Oct 24 O3 (714)245-8098 p.2 ", 1\11 \D.' ,H CERTIFICATE OFINSURAN'CE CIRTlFlëÁn NUUa!R ' .. , CLE-QQJI49971-02 PRODUCâR ':"t,. THIS CERTIFICATE IS ~UED AS A MAmA OF INFORMA."ON ONLY NfO CONFERS . MARSH USA INC, NO RIGHT$ UPON TItE CERTI~K:ATE HOLDER OTHER THAN THOBE PIltOVlDI!D IN THE ' 20 EAST BAL TIMOR! STREET POUCY. THIS CERTIFICATE Does HOT AMEND. EXTEND OR A.LTI!~ THE COVE~.\Oe SUITE 1900 .v'OftDIiD BY THE POUCl!S DESCRiBeD HEREIN. r, BALTIMOR!, MD 21202 COMPANieS AFFORDING COVERAGE ' Alto: (410)347.3600 COMPANY 14069-A11..Prop- TIBUR A ZURICH AMERICAN INSURANCE COMPANY IN.sURED .A ~aooo-llt,;¡- COr.8lANV I TIBURON, INC, 4--.ÀOO,3- ö15 B AMERICAN ZURICH INSURANCE COMPANY TIBURON JUSTICE SYSTEM, INC. CO"ANT 393~0 CIVIC DRIVE A- ;).003- /'1/ SUITE 280 C N/A FREMONT, CA 94538 .4- ólðo/- ;;>.{¡¿( COMPAN'1' D N/A 'ilo.V~~" ' TI1I' '!!It' ", ",'. ~8d"'iJI$lIII«lø 111 Ø/I i!ømd 1mI~ ' l' ",...., -..-',:",,~.. ..,...":'" ~.u. . ' .-....., ..'..r.~.p,cy ,nq .....__:..... THIS IS TO CER'J1FV THAT POLICI&S M INSUJWfCI D!8Cfœ&D H~N ~VI! BEEN ISSU&iD TO THE IfII8urœo NAMED HEREIN FOR ìHE POI.ICYPE1UOD ~TeD. HO'IYmHsTAND8NØ Þ-NV N!QlM&MiNI". TERM OR CONOmON OF AN'( CO"TRACT 011 OTHØt DOCUMENT WI'I'H R&SP~ TO ~ICH THE CERTlFICATE",Y BE U¡;SUED 01( MAY PERtAIN. THE INSURANC! AFFORDID IY THE POL1C1E8 ontRIBm HER&IN is 8l18JECT TO I4.L THE T!AMS, CONDITIOttS ANO lXCLUSION$ OF SUCM POLICIES. AGGREGATE UMlTS ~~ PAAY HAVE Bé&N REDuœo BY PAtD CLAJus.. CO TYPE OF 1N8UFtANCI POUC, NUMIIiR POUCT EFFECTIVE POLICY EXPIRATION lMr¡ LTR DATI! INUDIN) DATE IUytOD/YV) GENl!IW.lIA8IUTY OeNERAlAGGRiG4Te S 2.000,000 A rx COMMERCII!" GEtÆRAl.llA8lUTY GL0340640~ 04101104 04/01/05 PRODUCTS. COMPlOP AGO $ 1,000.000 t-:;, :J ClAIMs MADIii ŒJ OCCUR PE!ASONAL & ArN ~JURY S 1,000.000 X O'MolER'$ Ii COk'fRACTOR'S PROT EACH occ"""'ce S 1,000,000 ~'J D,.'., 'IRE DAMASo {An, "'" "', S ~00.000 MEDeJ(p(Aroy"",,-, $ 5.000 AUTOMOatLE UAØlUTY S 2,000,000 -:7' COMBINeD siNGLE Llf.41T A X -AUTO BAP3488404 (AOS) 04101/04 04/01/05 ¡- A ¡- ALL OWNED AUTOS BAP3488421 (VA) 04101104 04101105 SODllY INJuRY $ E I-- SCHEDUlED AUTOS 238YOO021 (SIMIl><SIMIL) (AOS) 04101104 04/01105 (Per PMOf') r - HIRED AUTOS 238YOOO84 (SIMILx$1MIL) (VA) 04/01104 04/01/05 BOon.. Y INJURY $ (I'Or ''''''Q - NONoOWHED AlJTOS PMPiIm'DAlMGE S GARAGE UAtlILlTY M!I.O ONLY. EA ACCIO.... $ - ~{{ií¿ ~ .yt!ð ¿ - _AUTO ...!m:!..iR THAN ALITO ONlY: - ...", ACe'''''NT S / AGCR~TE $ EXceSS lJABILn'Y / EACH OCCURR!NŒ S r- '- ~IIIU!J.LAFORM AGGREGATE S . OTHER TIiAN lJMMBJ.A FORM ~I'EI\ S WO :;:=.:,':.=:-:MPfN ¡,'," . EMPLOYliiR8' LL'aurr B WC3486403 (AI Other StaHi.) 04101/04 04101/05 EI.. EACHACCIDEHT S 500,000 A THE! MOPfI:tliTORI ~:: WC3488409 (MA Only) 04/01104 04101/05 El DISEASE-POUCY UMIT $ -.-ðOo.oOO PARTN._ECUTIVE "'PIWIo - !l~CHEMPlOY&e $ 500,000 .,n.. i OESCRIPnoN OF OPERATIONSJlOCATlONSNEHIClDllPiCIA1. rrEMS CER'l'IFIt'~ If01:DIRu. .. n... .. ",' ''' ' .-.. -~~JI9~_:, .... ,' ,-_n... ,'" .. ", .. - ,. .., ; ~LD AH'( OF TI1E ~I$ OESCRIHD HERe.,.. II. CNaL1.ED IEI'OM 'tHE E)f'1RA'nOff 0101'1 TMIERIOIt. SANTA ANA POWCE DEPARTMENT THE ....,..111 .vFORDIHB ~ WIlL ENDEAVOR TO UN.. --3Ð. Þ.<IVS WRIT"ÆtII NCn'Q: TO 1HI /'., 80 CIVIC CENTER PlAZA ClRUlCt.TI HOI.OIA tWB HEREIN, IWT '''UlRI TO IoIAI. 8UCH IrfOT'ICI! ItW.\. 1ÞI4~ NO OIIU(¡AT'IC8f 011 SANTA ANA. CA 95110 IJI.IIJTYOF AJI'f UtD UPOtI THIINtUREFI AFfO'I:IING COVSRAra, I'11AG1!tfT'S óR ~SlrfTA'nVQ, OA -- 1llUER0P,... ŒR~TI. I-IMUIAIHC. ~ -»~xi--... ' 'i:~tí,>¡w¡~:,\~"l ,....., !w: TImothy M. S...., '-'-"",-r-""" .__.~.., . -.... ù}WiIii--'; -~, '''''-¡-.'M , - . VA.ÜÓ ~OF(Ò3/31ï¡i4 , ...;¡:"';;-.,,, ú..,"~ 'J: . '~~t"t.".: ~:,; "' . ,...), 1'- ~f¡: .'.,. .. ~-".,;" . " .., ,,'I L 'd LGSv'ON 3JIjjO l~OddnS lYNOIÐ3~ NO~n8Il VN 9[: L VÛÛL 'L 'Nnr \,,~y ,~J~rjJQM~;,~Ç;R~A.TI9~:~~~'.' .. "".'--- .--.... ".-' '" '. '. . ~ J ':.\,j." ~ ..: " '., '''.- ~.-. ''''!' .....". . .. ,. .,. . . DAtE 1"'''/tIDrn1 ...; .' ~14997'1-02 03/31/04 COMPANIES AFFORDING COVERAGE . PRODUgER t.l~RSO USA INC. 120 EAST BALTIMORE STREET .SUITE 1900 BALTIMORE, MD 21202 Attn: (410)347-3600 COMPANY r E ST. PAUL INSURANce COMPANY COMPANY F 71406g.AI~.Prop- INSURiD TIBUR TIBURON. INC, TIBURON JUSTICE SYSTEM. INC. 39360 CIVIC DRIVE SUITE 280 FREMONT, CA 94538 COMPANY G CQMPANY H . 1='1r.' , .';\0 ,,' . ~Wt\:' ," :'öH:..l::2,1, , ,..~:','~':~~:'~'~ . r--, , ¡(¡';:;" ~, SAÑTA ANA POLICE DEPARTMENT --' 60 CIVIC CENTER PLAZA SANTA ANA. CA 95110 ',,,':,'!;, -~~:'~\~~!t!i.:;¡l~ . .r", :~ '';7'' .. ft..- -_.~ -- "',.", .. *. . u. ~:'-::~~~-,:-'.,\~ ~ '). MARIH USA tNC. BY Timothy M. Sasser ~ ~~~.Á..... .- ~ ~ ,~. ;"-;-:-'!1i¡....~'¡:-:-r"¡-0"~":.' "".,.,:-~~ ," '.",1,\ '.,¡~.", '.Ir.,:~':'1k"ï"'" '\':."~,~':~ '. ' Ed m\1 'ON JJ[jjO l~OddnS lVNOIÐJ~ NO~n8Il ~V9l: L \100¡ '¡ 'Nnr