HomeMy WebLinkAboutTIBURON, INC. (2) - 2017INSURANCE ON FILE
WURK MAY PROCEED
UNTIL INSURANCE EXPIRES
f�LERK OF COUNCIL
o f �./ ATE. I jA% 26 2011
CONSULTANT AGREEMENT
or.
SA P10 `2) THIS AGREEMENT, made and entered into this 1 st day of December, 2016 by and
Fiscal
N-2017-007
between Tiburon, Inc., a Virginia corporation with its principle place of business at 9477 Waples
Street, Suite 1 DO, San Diego, California, 92121 (hereinafter "Tiburon" and/or "Consultant"), 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 (hereinafter "City and/or the Client"), hereinafter
collectively referenced as "the Parties."
RECITALS
A. In 2005, City purchased a computer aided dispatch (CAD) system from Tiburon
which requires ongoing maintenance and support.
B. The City desires to retain a consultant having special skill and knowledge in the field of
providing the City with ongoing maintenance and support services relating to the Police
Department CAD system.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform those services as set forth in Exhibit "A" to this Agreement
("Maintenance Renewal for Santa Ana, CA,") attached hereto and incorporated by reference.
2. COMPENSATION
City agrees to pay, and Consultant agrees to accept as total payment for all services
provided by Consultant to City, the rates and charges identified in Exhibit "A" ("Maintenance
Renewals") to this Agreement, which is attached hereto and incorporated by reference. The total
sum to be expended under this Agreement shall not exceed $ t5,456.00 during the term of this
Agreement.
3. TERM
This Agreement shall, commence on the date first written above and terminate on
March 31, 2017, unless terminated earlier in accordance with Section 12, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a, Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence, Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit "B" upon
execution of this Agreement and shall be approved in form by the City Attorney,
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refiises to f imish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement, Such termination shall not affect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including death, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section l of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and, hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising frorn this Agreement. The Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
7. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information, Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City: Cleric of the City Council,
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647-6956
With courtesy copies to:
City of Santa Ana Police Department
City of Santa Ana
20 Civic Center Plaza (M95)
P.O, Box 1988
Santa Ana, California 92702
Fax 714- 245-8097
Attn: Manager Boris Duran
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax 714- 647-6515
To Consultant. Tiburon, Inc.
9477 Waples Street, Suite 100
San Diego, CA 92121
Fax: (859) 799-7011
Attn: Roxanne Lerner
Roxamie.Lerner@tiburoninc.com
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax or e-mail, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement' between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terns of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate neither
Consultant nor the City. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or
anyone acting on behalf of any party, which is not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City. however,
Consultant may assign this agreement to a successor of all or substantially all of Consultant's
business without the prior written consent to the City.
12. TERMINATION
This Agreement maybe terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement has been execrated and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement,
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and, exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
audiority and right to bind their respective parties to each of the temis of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
�ARIA D. HUICAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
IA-
ornoy_I OGOSIAA
Assistant City Attorney
RECO MENDED FOR APPROVAL:
CARLOSROJAS
Chief of Police
CITY OF SANTA ANA
GERARDO MOUBT
Acting City Manager
TIBURON, INC.
/C Cxz✓
BLAKE CLARK
Chief Financial Officer
twilli
SCOPE OF SERVICES
TIBURAW
A TriTech Software Systems company
Maintenance Renewal
For
City of Santa Ana, CA
3 -Oct -16
TI BA N"
A TriTech Softiouare Sysiterns cotmpany
Annual Maintenance for 11 licenses of IQ/CAD, CAD Visor, 1 State Interface,
1 XML output for CAD to Police RMS and 100 licenses of IQ/Mobile only.
Annual Maintenance: 12/1/2016 - 3/31/2017
$15,456
Total $15,456-
... The
5,456
***The prices indicated above do not include installation and/or configuration of 3rd party software and/or hardware***
-a-Tiburon requires remote VPN access to the customer site (minimum IMbps)a*-
The information contained in this document is proprietary to Tiburon
and is offered solely for the purpose of evaluation.
Copyright 2015 Tiburon
CONFIDENTIAL
Q160031 - City of Santa Ana, CA Maintenance renevval.xlsx - Summary
Page 2 of 4
TI U RA
ATriTechSoftware Systems company
PRICING All prices are in U.S. Funds.
Taxes, if applicable, are extra,
PAYMENT Payable 100% at signature
VALIDITY 60 days
- Services will be performed in accordance with the attached Maintenance and Support Guidelines, which are
incorporated herein,
By signing in the space provided below, I am representing that I am authorized to sign on behalf of Customer:
Signature Date
The information contained in this document is proprietary to Tiburon
and is offered solely for the purpose of evaluation,
Copyright 2015 Tiburon
CONFIDENTIAL
0180031 - City of Santa Ana, CA Maintenance renewal.xlsx Notes
Page 3 of 4
TIB i A Is
A TriTecfi Software Systems company
Revision History
Original October 3, 2016
The information contained in this document is proprietary to Tiburon
and is offered solely for the purpose of evaluation.
Copyright 2615 Tiburon
CONFIDENTIAL
of 60031 - City of Santa Ana, CA Maintenance renewal xlsx Revision History Page 4 of 4
A TriTech Software Systems Company
Warranty &
Maintenance Support -
Guidelines & Options
Version 8.2
November 8, 2016
Tiburon, Inc.
A TriTech Software Systems Company
9477 Waples Street, Suite 100
San Diego, CA 92121
Warranty & Maintenance Support Version 8.1 Guidelines & Options
Table of Contents
1. INTRODUCTION................................................................................................................................................3
2. DEFINITIONS......................................................................................................................................................4
2.1
ACCouNTExEcUTIVE..................................................................................................................................4
2.2
AUTHORIZED CLIENT REPRESENTATIVE.......................................................................................................4
2.3
CLIENT..........................................................................................................................................................4
2.4
CLIENT SUPPORT CENTER (CSC)..................................................................................................................4
2.4.1
CSC Engineer..........................................................................................................................................4
2.4.2
Client Liaison...........................................................................................................................................4
2.4.3
Director - Client Service & Support........................................................................................................5
2.4.4
Helpdesk Specialist..................................................................................................................................5
2.5
INSTALLATION SERVICES TEAM....................................................................................................................5
2.6
DIRECTOR, OPERATIONS DIVISION...............................................................................................................5
2.7
ENGINEERING............................................................................................................................................... 5
2.8
MASTER SUPPORT AGREEMENT (MSA) ........................................................................................................5
2.9
PRIORITY......................................................................................................................................................5
2.10
PROJECT........................................................................................................................................................6
2.11
PROJECTMANAGER.......................................................................................................................................6
2.12
STATEMENT OF WORK (SOW) ......................................................................................................................6
2.13
SYSTEM ASSURANCE REVIEW (SAR)...........................................................................................................6
2.14
TECHNICAL SUPPORT COORDINATOR...........................................................................................................6
2.15
TmutzoN SERVICE REQUEST (TSR)................................................................................................................6
2.16
WARRANTY / MAINTENANCE SUPPORT..........................................................................................................7
3. TRANSITION FROM PROJECT (OPERATIONS) TO SUPPORT (CSC)........................................................8
4. WORKING WITH THE SUPPORT CENTER (CSC).........................................................................................9
4.1 SUBMITTINGATSR......................................................................................................................................9
4.2 "24x7" SUPPORT...........................................................................................................................................9
4.3 TSRPRIORITIFS..........................................................................................................................................10
4.3.1 CAD, Mobile, State Interface, Critical CAD Interfaces........................................................................10
4.3.1.1 Response Time SLAs....................................................................................................................10
4.3.1.2 Resolution Time SLAs..................................................................................................................12
4.3.1.3 Special Note # 1............................................................................................................................13
4.3.1.4 Special Note#2: ............................................................................................................................
14
4.3.2 All Records, Field Based Reporting, Jail Records, Fire Records, Web Query......................................16
4.3.2.1 Response Time SLAs....................................................................................................................16
4.3.2.2 Resolution Time SLAs..................................................................................................................18
4.3.2.3 Special Note#1.............................................................................................................................19
4.3.2.4 Special Note#2.............................................................................................................................20
4.4 REPORTING A TSR......................................................................................................................................21
4.5 EMERGENCYAFTER HOURS ASSISTANCE...................................................................................................
21
4.6 CLIENT RESPONsma-xims..........................................................................................................................
21
4.7 SERVICE REQUEST LIFECYCLE....................................................................................................................
22
4.7.1 TSR Status.............................................................................................................................................23
4.7.2 Case Escalation......................................................................................................................................24
4.7.3 Case Closure..........................................................................................................................................24
5. THIRD PARTY PRODUCT SUPPORT............................................................................................................25
6. OTHER SERVICES........................................................................
6.1 SOFTWARE UPDATE SERVICES....................................................................................................................
26
6.2 PRODUCT MODIFICATION REQUESTS..........................................................................................................
26
6.3 STEERING COMMITTEE ISSUES....................................................................................................................
27
6.4 PRODUCT SPECIALIST AND TRAINING REQUESTS........................................................................................
27
6.5 DBA AND SYSTEM ADMINISTRATION SUPPORTSERVICES.........................................................................
27
6.5.1 Level I Database Administration (DBA) Support .................................................................................27
6.5.2 Level 1 System Administration Support ................................................................................................27
Tiburon, Inc. July 1, 2015
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EXCLUSIONS TO TECHNICAL SUPPORT SERVICES................................................................................28
8. OPTIONAL MAINTENANCE PROGRAMS...................................................................................................29
8.1
DATABASE ADMINISTRATION (DBA) SERVICES / SYSTEM ADMINISTRATION (SA) SERVICES ....................
29
9. ADDITIONAL INFORMATION.......................................................................................................................31
9.1
DOCUMENTATION LIBRARY (COMING SOON)..............................................................................................
31
9.2
CRYSTAL REPORT / SSRS REPORT SHARING POOL (COMING SOON)...........................................................
31
9.3
CLIENT TSR REPORTS (COMING SOON).......................................................................................................
31
9.4
KNOWLEDGE BASE (COMING SOON)...........................................................................................................
31
9.5
CUSTOMER FORUM (COMING SOON)...........................................................................................................
31
9.6
TIBURON USER GROUP...............................................................................................................................
31
9.7
PRODUCT STEERING COMMITTEES..............................................................................................................
32
Tiburon, Inc. July 1, 2015 Page ii
A TriTech Software Systems Company
Warranty & Maintenance Support Version 8.1 Guidelines & Options
1. INTRODUCTION
This document provides a description of the service programs available to Tiburon's warranty and
maintenance Clients with a current and valid Master Support Agreement (MSA). This document defines
both standard and optional support programs, and outlines the process for working with Tiburon to report,
track, and resolve issues.
NOTE: The service programs and the terms and conditions contained herein are those available as of the
date of this document; these service offerings, as well as terms and conditions are subject to change
without notice.
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2. DEFINITIONS
The following terms are used throughout this document:
2.1 ACCOUNT EXECUTIVE
The Tiburon Account Manager Program has been established to enhance the relationship between our
public safety Client base and the Tiburon public safety organization. The Account Executive reports to
the Director, Corporate Development and Customer Advocacy - Tiburon, and provides a proactive
approach to Client interaction, enhancing the communications between Tiburon and our Clients. The
Account Executive is the regular avenue for communication of emerging technologies and programs from
Tiburon that have a positive impact on our Clients. Through this relationship Tiburon is able to better
understand our Clients' current and future environment and strategic direction and is better able to align
both organizations strategic goals to ensure continued success.
2.2 AUTHORIZED CLIENT REPRESENTATIVE
The Authorized Client Representative is a named Client representative who has the authority to request a
change to the Client's Tiburon applications or databases. This person must be identified by name and
position to Tiburon. Any change to the Authorized Client Representative must be reported to Tiburon in
writing within 10 business days.
2.3 CLIENT
A Client is an agency or authorized representative of an agency who has contracted with Tiburon for
software or services as described in a Contract, Statement of Work or Master Support Agreement.
2.4 CLIENT SUPPORT CENTER (CSC)
The Client Support Center (CSC) provides 24 x 7 support services to all Tiburon Clients with a valid and
current Master Support Agreement (MSA). CSC staff is comprised of Helpdesk Specialists, CSC
Engineers, Client Liaisons, and Director, Client Service and Support.
2.4.1 CSC ENGINEER
CSC Engineers report to a Team Lead in the CSC who reports to the Director — Client Service & Support.
CSC Engineers are responsible for resolving all issues reported to the CSC and communicating with the
Client. If additional expertise is needed to resolve an issue, it may be assigned to an individual outside of
the CSC for resolution.
2.4.2 CLIENT LIAISON
A Client Liaison is assigned to Clients with a valid and current Master Support Agreement, and reports to
the Director — Client Service & Support. The Client Liaison is the first point of escalation for all Client
issues reported to the CSC. The Client Liaison works hand-in-hand with each assigned Client to ensure
that Tiburon is addressing issues reported to the CSC in a manner that addresses the Client's needs in a
reasonable manner as agreed to by Tiburon and the Client. The Client Liaison conducts regularly
scheduled TSR review meetings with Clients as agreed upon by Tiburon and the Client. The Client
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Liaison also works with technical staff in the CSC and in other Tiburon departments as needed for issue
resolution.
2.4.3 DIRECTOR - CLIENT SERVICE & SUPPORT
The Director — Client Service & Support is a member of the Leadership Team for the Tiburon Group and
reports to the Vice President / General Manager, Tiburon Group. The Director — Client Service &
Support creates policies and procedures related to Client Service and Support, and directs the efforts of all
support personnel. The Director — Client Service & Support is the second point of escalation for all issues
reported to the CSC. If there is a change in the Tiburon Client Service Management Team or the Client
Liaison, Tiburon shall notify the Client in writing of the changes within 10 business days.
2.4.4 HELPDESK SPECIALIST
The Helpdesk Specialists field all telephone calls placed to the CSC and process all email sent to
CustomerService(c�r�,TriTech.com. They log all issues and updates received in the third party application
used by Tiburon to support all Clients, and assign the issues based on established protocols. The
Helpdesk Specialists report to the Director — Client Service & Support.
2.5 INSTALLATION SERVICES TEAM
Tiburon's Installation Services Team is responsible for the installation and configuration of Tiburon
software on designated Client servers as defined in the contract and Statement of Work.
2.6 DIRECTOR, OPERATIONS DIVISION
A Tiburon Operations Director is the manager for the Project Management staff. The Operations Director
is the second level of escalation, (first being Project Manager) for any Project, Add On or Product
Modofication activity. The Operations Director is responsible for management of all contract compliance
issues.
2.7 ENGINEERING
Tiburon Engineering is comprised of several teams of software architects, software engineers and
software quality assurance engineers. The Engineering teams are responsible for the creation of all
baseline and custom software and tailoring.
2.8 MASTER SUPPORT AGREEMENT (MSA)
A Master Support Agreement (MSA) is an agreement between a Tiburon and a Client for the provision of
Warranty and/or Maintenance support to a Client. It includes terms and conditions governing the
agreement, and may include exhibits to further define the covered systems, Warranty and Maintenance
Guidelines and Options, Software License terms, etc. Previous versions of this document may have been
referred to as an Extended Support Agreement (ESA).
2.9 PRIORITY
Priority refers to the operational criticality of a specific service request. Tiburon uses a PI — P5
convention with a Priorityl issue being defined as an application or server failure that prevents continued
use or operation of the System, impacts all or substantially all operators using the System, halts or severely
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impacts critical System operations or endangers the integrity of one or more database files. Complete
priority descriptions can be found in section 4.2 of this document.
2.10 PROJECT
A Project is an activity governed by a contract or contract amendment and a Statement of Work. It can be
a new implementation for a new Client, an upgrade for an existing Client, a product modification, or add-
on application or interface for an existing Client.
2.11 PROJECT MANAGER
A Tiburon Project Manager is assigned to all projects defined above. The Project Manager is responsible
for the successful delivery of all services related to the contract or contract amendment. The Project
Manager schedules and coordinates the participation of all Tiburon resources needed to deliver on the
contract. The Tiburon Project Manager reports to a Director in Tiburon's Operations Division.
2.12 STATEMENT OF WORK (SOW)
The Statement of Work (SOW) is an exhibit to a contract that describes the contract deliverables, tasks,
responsibilities, and completion criteria for the delivery of a Tiburon Project to a Client.
2.13 SYSTEM ASSURANCE REVIEW (SAR)
The System Assurance review is a Tiburon process which occurs during a project, to assure that all proper
steps per the Statement of Work have been completed. This is a monitoring function within the Project
Managers responsibility.
2.14 TECHNICAL SUPPORT COORDINATOR
A Technical Support Coordinator is a Client representative who has received training in each Tiburon
application. The Technical Support Coordinator is responsible for the review and triage of all issues
reported by Client representatives prior to submitting the issue to Tiburon as a TSR. The Technical
Support Coordinator is responsible for ensuring that sufficient detail has been provided on a reported
issue so that it can be reproduced, diagnosed, and repaired by Tiburon. Each covered application should
have, at a minimum, one (1) Technical Support Coordinator who meets with Tiburon's Client Liaison as
described in this document. There can be one or more Technical Support Coordinators for each covered
application, however, all client Technical Support Coordinators must participate each review meeting
with the Client Liaison. The Technical Support Coordinator(s) must have the authority to confirm closure
on a TSR.
2.15 TIBURON SERVICE REQUEST (TSR)
Issues reported to the Client Support Center (CSC) are referred to as Tiburon Service Requests (TSRs).
Each TSR is recorded in the third party application used by Tiburon to record Client issues and assigned
to the Tiburon team responsible for supporting the Client and the system at the time the issue is reported.
Priority 1 TSRs are assigned down to an individual resource based on the Tiburon on-call List maintained
by the CSC. Other priority issues are discussed between the Client Liaison and the Client to ensure that
the Client's needs are addressed in a reasonable fashion, as agreed to between Tiburon and the Client.
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2.16 WARRANTY / MAINTENANCE SUPPORT
When a Project is completed as deemed in the Statement of Work, the support transitions to a warranty or
maintenance support level as defined by the contract. When the Project is completed as deemed in the
Statement of Work, the Project Manager conducts an internal turnover of the Client and associated
applications to the assigned Client Liaison and the Client Support Center (CSC).
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& Maintenance Support Version 8.1 Guidelines &
3. TRANSITION FROM PROJECT [OPERATIONS] TO SUPPORT
[CSCI
When a project is completed as deemed in the Statement of Work, the Client systems transition from the
project phase to the warranty or maintenance programs. Leading up to this major milestone, Tiburon staff
members, including the Project Manager, Client Liaison, Account Executive, Engineering, Installation
Services, and CSC Engineering resources participate in an internal System Assurance 'Review (SAR).
This ensures that all parties are aware of the Client configuration, connection information, applications
installed, cutover plan and schedule, as well as other information specific to the Client implementation.
This information is logged in the third party application used by Tiburon for Client Support, currently
HEAT Call Logging by Front Range.
When the project is completed as deemed in the Statement of Work, the system(s) are stable and there are
a nominal number of TSRs not closed for each system, there is a final internal System Assurance Review
between Operations, Engineering, Installation Services, and Client Support to transition the support of the
Client systems from Operations / Project mode to CSC / Support mode. The Project Manager also
schedules a turnover meeting with the Client to introduce the Client Liaison to the Client.
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Warranty & Maintenance Support Version 8.1 Guidelines & Options
4. WORKING WITH THE SUPPORT CENTER [CSCI
The CSC functions as the single point of contact for ongoing Client support issues once project is
completed as deemed in the Statement of Work and support for the systems has been turned over to the
CSC. Tiburon's Client Liaisons oversee the CSC activities for their assigned Clients. The Client Liaison
also works closely with the Client's Tiburon Account Executive in order to keep them updated on overall
service needs.
4.1 SUBMITTING A TSR
Client may contact the CSC to report an issue by telephone, email, or via the third party Self Service
application provided for this purpose. Priority 1 and Priority 2 issues must be reported by telephone 24 x
7 to ensure optimal response to the issue.
4.2 1124x7" SUPPORT
"240" support is standard for all CAD, Jail Records, and State Message Switch products. It is optionally
available for all other products for an additional cost. For assistance in adding this support for other
systems, Clients should contact their Account Executive.
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A TriTech Software Systems Company
Warranty & Maintenance Support Version 8.1 Guidelines & Options
4.3 TSR PRIORITIES
When submitting a TSR, Tiburon asks that Clients use the priority definitions below.
4.3.1 CAD, MOBILE, STATE INTERFACE, CRITICAL CAD
INTERFACES
4.3.1.1 RESPONSE TIME SLAS
Priority,
Priority 1 -
Critical Priority
Priority 2 -
Urgent Priority
Issue Definition
24x7 Support for live operations on the
production system: A system down event
which severely impacts the ability of Users to
dispatch emergency units. This is defined as
the following:
• CAD, Mobile, State Interface or critical CAD
interfaces are down as further defined in
the Special Note #1 below.
e Critical servers inoperative, as listed in
Special Note #1.
• Complete interruption of call taking
and/or dispatch operations.
• Loss of transactional data & transactional
data corruption
This means one or more critical server
components are non-functional disabling CAD,
or Mobile workstations. These Software Errors
are defined in Special Note #1, below.
24x7 Support for live operations on the
production system: A serious Software Error
with no workaround, not meeting the criteria
of a Critical Priority, but which severely
impacts the ability of Users to enter incoming
calls for service and/or dispatch emergency
units. Such errors will be consistent and
reproducible.
A significant number of the CAD or Mobile
workstations are negatively impacted by this
error (e.g., does not apply to a minimal set of
CAD or Mobile workstations). These Software
Errors are defined in more detail in Special
Note #2, below.
Response Time
Normal Customer Service Hours (8:00 am -
5:30 pm in the customer's time zone):
Telephone calls to 877.445.2110 will be
immediately answered and assigned to the
designated representative within 10 minutes
or receipt of call.
After Normal Customer Service Hours: Thirty
(30) minute callback after Customer telephone
contact to 877.445.2110.
Priority 1 issues must be called in via
877.445.2110 in order to receive this level of
response.
Normal Customer Service Hours (8:00 am -
5:30 pm in the customer's time zone):
Telephone calls to 877.445.2110 will be
answered and assigned to the designated
representative within 30 minutes of receipt of
call.
After Normal Customer Service Hours: Sixty
(60) minute callback after customer telephone
contact to 877.445.2110.
Priority 2 issues must be called in via
877.445.2110 in order to receive this level of
response.
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.PriorityIssue Definition :-I Response Time:
Priority 3 -
High Priority
Priority 4 -
Medium Priority
Priority S -
Low Priority
Normal Customer Service Hours Support: A
Software Error not meeting the criteria of a
Priority 1 - Critical or Priority 2 - Urgent
Priority, has a workaround available, but which
does negatively impact the User from entering
incoming calls for service and/or dispatching
emergency units, or perform a common call
taking or dispatch function. Such errors will be
consistent and reproducible.
Normal Customer Service Hours (8:00 am -
5:30 pm in the customer's time zone):
Telephone calls to 877.445.2110 will be
answered and assigned to the designated team
within 30 minutes of receipt of the initial
phone call.
High Priority issues may also be reported via
customerservicegtritech com or via the HEAT
Self Service portal. Email and HEAT Self
A significant number of CAD or Mobile Service reports are entered and assigned
workstations are negatively impacted by this within 30 minutes at the start of the next
error (e.g., does not apply to a minimal set of business day.
workstations).
Normal Customer Service Hours Support: A
Software Error related to a user function which
does not negatively impact the User from
entering incoming calls for service and/or
dispatch emergency units, or perform a
common call taking or dispatch function. This
includes system administrator functions.
Normal Customer Service Hours Support:
Cosmetic or Documentation errors, including
Customer technical questions, product
modification or add-on requests, steering
committee requests, and usability questions.
High Priority Issues are not managed after
Normal Customer Service Hours.
Normal Customer Service Hours (8:00 am -
5:30 pm in the customer's time zone):
Telephone calls to 877.445.2110 will be
answered and assigned to the designated team
within 30 minutes of receipt of the Initial
phone call.
Medium Priority issues may also be reported
via
customerservicePtritech com or via the HEAT
Self Service portal. Email and HEAT Self
Service reports are entered and assigned
within 30 minutes at the start of the next
business day.
Medium Priority issues are not managed after
Normal Customer Service Hours.
Normal Customer Service Hours (8:00 am -
5:30 pm in the customer's time zone):
Telephone calls to 877.445.2110 will be
answered and assigned to the designated team
within 30 minutes of receipt of the initial
phone call.
Low Priority issues may also be reported via
customerservicePtritech com or via the HEAT
Self Service portal. Email and HEAT Self
Service reports are entered and assigned
within 30 minutes at the start of the next
business day.
Low Priority issues are not managed after
Normal Customer Service Hours.
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4.3.1.2 RESOLUTION TIME SLAB
Priority
Resolution Process
-Resolution Time
Priority 1 -
Tiburon will provide a procedural or
Tiburon will work continuously (including after
Critical Priority
configuration workaround or a code correction
hours) to provide the Customer with a solution
that allows the Customer to resume live
that allows the Customer to resume live
operations on the production system.
operations on the production system.
Tiburon will use commercially reasonable
efforts to resolve the issue as soon as possible
and not later than 12 hours after notification.
Priority 2 -
Tiburon will provide a procedural or
Tiburon will work continuously (including after
Urgent Priority
configuration workaround or a code correction
hours) to provide the Customer with a solution
that allows the Customer to resume normal
that allows the Customer to resume normal
operations on the production system.
operations on the production system.
Tiburon will use commercially reasonable
efforts to resolve the issue as soon as possible
and not later than 36 hours after notification.
Priority 3 -
Tiburon will provide a procedural or
Tiburon will work to provide the Customer with
High Priority
configuration workaround that allows the
a resolution which may include a workaround or
Customer to resolve the problem.
code correction within a timeframe that takes
into consideration the impact of the issue on the
Customer and Tiburon's User base. Priority 3
issues have priority scheduling in a subsequent
release.
Priority 4 -
If Tiburon determines that a reported Medium
Tiburon will work to provide the Customer with
Medium Priority
Priority error requires a code correction, such
a resolution which may include a workaround or
issues will be addressed in a subsequent
code correction in a future release of the
release when applicable.
software. Priority 4 issues have no guaranteed
resolution time.
Priority 5 -
Low Priority issues are logged by Tiburon and
There is no guaranteed resolution time for Low
Low Priority
addressed at the company's discretion
Priority issues.
according to Tiburon's roadmap planning
process.
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4.3.1.3 SPECIAL. NOTE # 1
Priority 1 - Critical Priority issues meeting the previously noted criteria are defined as follows:
4.3.1.3.1 CAD
a. CAD System is down and all workstations will not launch or function. This will include
fragment notifications, site -to -site connection failure, etc.
b. CAD System is inoperable due to transactional data corruption caused by Tiburon
Software. This will include in -ability to enter commands from the Command Window.
c. CAD Reporting and Archiving Server is down and the system is configured to use the
Reporting Server for dispatching functions (e. g., Premise History). This will include
"Lost connection to Database" message
4.3.1.3.2 Mobile
a. The Mobile System is down and all mobile devices are unable to log in or function.
b. The Mobile System is inoperable due to data corruption caused by Tiburon Software.
4.3.1.3.3 State Interface
a. Law enforcement users are unable to send or receive justice queries (this priority applies
if the functionality is available through no other available methods).
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4.3.1.4 SPECIAL NOTE #2:
Priority 2 - Urgent Priority issues, meeting the previously noted criteria, are defined as follows:
4.3.1.4.1 CAD
CAD users are severely impacted due to one of the following conditions on one or more essential
positions:
a. One or more essential CAD positions cannot be accessed by users.
b. The system is operating in local sharing or disconnected mode
c. Unable to enter new requests for service via the emergency or scheduled call -taking
screen (using all available methods).
d. A user is unable to verify an address from within the emergency or scheduled call -taking
screen.
e. The inability to add or view premise or caution note information.
f The inability to send and receive text messaging (within CAD, CAD to Mobile, or
Mobile to Mobile).
g. The system does not perform unit recommendations.
h. Inability to assign a unit to an incident (using all available methods).
i. Inability to change a unit's status (using all available methods).
j. Inability to close an incident (using all available methods).
k. Inability to view incident information needed to dispatch an incident (using all available
methods). This includes "Lost Connection to Database" errors.
1. Disaster Recovery System, following a test failover, is inoperable for more than one (1)
business day.
4.3.1.4.2 Mobile
Several Mobile users are severely impacted due to one of the following conditions:
a. Inability to receive new requests for service from CAD (using all available methods).
b. Inability to view incident information needed to dispatch an incident (using all available
methods).
c. The inability to send and receive text messaging (within CAD, CAD to Mobile, or
Mobile to Mobile).
d. Inability to enter a traffic stop or on -view incident.
e. The inability to view premise or caution note information.
f. Disaster Recovery System, following a test failover, is inoperable for more than one (1)
business day.
4.3.1.4.3 CAD/Mobile Interfaces:
Several CAD or Mobile users are severely impacted due to one of the following conditions:
a. CAD Station Alerting Interface is down or CAD Station Alerting Interface repeatedly
fails to process a station alert, as part of a unit assignment, or if there is a reoccurring
significant delay in the interface processing a station alert as part of a unit assignment
(once it is diagnosed that is not being caused by the station alerting system).
b. CAD Paging Interface is down.
c. An interface used for personnel rostering is down.
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d. A CAD -to -CAD interface is down or repeatedly fails to process information into an
incident.
e. CAD Paging Interface repeatedly fails to process a unit alert as part of a tmit assignment.
f. An ANVALI interface repeatedly fails to process information into an incident.
g. An interface to an external rostering system used to logon units is down.
It. AVL interface fails to process updates for over 50% of units.
i. Mobile interface repeatedly fails to process incident or status change information.
j. A Standard CAD to External System Incident Data Transfer Interface License (RMS) is
down. This would include transfer of data to the CAD Data Warehouse or any UDS
interface.
k. Email / fax / paging notifications down for all destinations.
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4.3.2 ALL RECORDS, FIELD BASED REPORTING, .TAIL RECORDS,
FIRE RECORDS, WEB QUERY
4.3.2.1 RESPONSE TIME SLAS
Priority
Priority 1 -
Critical Priority
Priority 2 -
Urgent Priority
issue uennmon
24x7 Support for live operations on the
production system: A system down event
which severely impacts the ability of Users to
log on the system, or severely impacts the
ability of Users to book or release inmates.
This is defined as the following:
• All Records applications, to include Jail
Records, Field Based Reporting, and Fire
Records server software inoperative
• Loss of ability for all Records, Jail Records,
Field Based Reporting, or Fire Records
users to log on to system
• Jail Records system down
• Loss of transactional data & transactional
data corruption
This means one or more critical server
components are non-functional disabling
Records, Jail Records, Field Based Reporting or
Fire Records workstations. These Software
Errors are defined in Special Note #1, below.
Normal Customer Service Hours Support for
live operations on the production system: A
serious Software Error with no workaround
not meeting the criteria of a Critical Priority,
but which severely impacts the ability of all
Users from performing a common function, or
severely impacts the ability of Users to book or
release inmates. Such errors will be consistent
and reproducible.
Loss of ability for All Records, Field Based
Reporting, Jail Records or Fire Records
users to enter Case (Incident, Arrest and
Custody) records into the system
Loss of ability to transfer Field Based
Reporting reports (ARS, Copperfire, CAD
to RMS Transfer)
Unable to book or release inmates
A significant number of the Records, Field
Based Reporting, Jail Records or Fire Records
workstations are negatively impacted by this
error (e.g., does not apply to a minimal set of
Records, Field Based Reporting, Jail Records or
Fire Records workstations). These Software
Errors are defined in more detail in Special
Note #2, below.
Response Time
Normal Customer Service Hours (8:00 am -
5:30 pm in the customer's time zone):
Telephone calls to 877.445.2110 will be
immediately answered and assigned to the
designated representative within 10 minutes
or receipt of call.
After Normal Customer Service Hours: Thirty
(30) minute callback after Customer telephone
contact to 877.445.2110.
Priority 1 issues must be called in via
877.445.2110 in order to receive this level of
response.
All fail Records systems default to 24 x 7
support for Priority 1 issues.
After Normal Customer Service Hours: Unless
optional 24x7 support is contracted, support
for Records, Field Based Reporting and Fire
Records is not managed after Normal
Customer Service Hours.
Normal Customer Service Flours (8:00 am -
5:30 pm in the customer's time zone):
Telephone calls to 877.445.2110 will be
answered and assigned to the designated
representative within 30 minutes of receipt of
call.
After Normal Customer Service Hours: Sixty
(60) minute callback after customer telephone
contact to 877.445.2110.
Priority 2 issues must be called in via
877.445.2110 in order to receive this level of
response.
All fail Records systems default to 24 x 7
support for Priority 2 issues.
After Normal Customer Service Hours: Unless
optional 24x7 support is contracted, support
for Records, Field Based Reporting, and Fire
Records is not managed after Normal
Customer Service Hours.
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Priority 3 -
High Priority
Priority 4 -
Medium Priority
Priority 5 -
Low Priority
Issue: Definition
Normal Customer Service Hours Support: A
Software Error not meeting the criteria of a
Priority 1 - Critical or Priority 2 - Urgent
Priority, has a workaround available, but which
does negatively impact the User from
performing a common Records, Field Based
Reporting, Jail Records, or Fire Records
function. Errors will be consistent and
reproducible.
Loss of Non -Critical Data (with "Non -
Critical" being defined as not causing an
error classified as a P or P2 error (above).
NIBRS State reporting issues that causes
agency reports to exceed State error
submission limits
UCR reporting multiple occurrence of
inaccurate data
A significant number of Records, Field Based
Reporting, Jail Records, or Fire Records
workstations are negatively impacted by this
error (e.g., does not apply to a minimal set of
Normal Customer Service Hours Support: A
Software Error related to a user function which
does not negatively impact the User from
performing a common Records, Field Based
Reporting, Jail Records, or Fire Records
function. Errors will be consistent and
reproducible. This includes system
administrator functions.
Normal Customer Service Hours Support:
Cosmetic or Documentation errors, including
Customer technical questions, product
modification or add-on requests, steering
committee requests, and usability questions.
Normal Customer Service Hours (8:00 am -
5:30 pm in the customer's time zone):
Telephone calls to 877.445.2110 will be
answered and assigned to the designated team
within 30 minutes of receipt of the initial
phone call.
High Priority issues may also be reported via
customerservice0tritech com or via the HEAT
Self Service portal. Email and HEAT Self
Service reports are entered and assigned
within 30 minutes at the start of the next
business day.
High Priority Issues are not managed after
Normal Customer Service Hours.
Normal Customer Service Hours (8:00 am -
5:30 Into in the customer's time zone):
Telephone calls to 877.445.2110 will be
answered and assigned to the designated team
within 30 minutes of receipt of the initial
phone call.
Medium Priority issues may also be reported
via
customerservice@ ritech com or via the HEAT
Self Service portal. Email and HEAT Self
Service reports are entered and assigned
within 30 minutes at the start of the next
business day.
Medium Priority issues are not managed after
Normal Customer Service Hours.
Normal Customer Service Hours (8:00 am -
5:30 pm in the customer's time zone):
Telephone calls to 877.445.2110 will be
answered and assigned to the designated team
within 30 minutes of receipt of the initial
phone call.
Low Priority issues may also be reported via
customerservicefrrtritech.com or via the HEAT
Self Service portal. Email and HEAT Self
Service reports are entered and assigned
within 30 minutes at the start of the next
business day.
Low Priority issues are not managed after
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4.3.2.2 RESOLUTION TIME SLAB
Priority.:
'. Resolution Process
Resolution Time
Priority 1 -
Tiburon will provide a procedural or
Tiburon will work continuously (including after
Critical Priority
configuration workaround or a code correction
hours) to provide the Customer with a solution
that allows the Customer to resume live
that allows the Customer to resume live
operations on the production system.
operations on the production system.
Tiburon will use commercially reasonable
efforts to resolve the issue as soon as possible
and not later than 12 hours after notification.
Priority 2 -
Tiburon will provide a procedural or
Tiburon will work continuously (including after
Urgent Priority
configuration workaround or a code correction
hours) to provide the Customer with a solution
that allows the Customer to resume normal
that allows the Customer to resume normal
operations on the production system.
operations on the production system.
Tiburon will use commercially reasonable
efforts to resolve the issue as soon as possible
and not later than 36 hours after notification.
Priority 3 -
Tiburon will provide a procedural or
Tiburon will work to provide the Customer with
High Priority
configuration workaround that allows the
a resolution which may include a workaround or
Customer to resolve the problem.
code correction within a timeframe that takes
into consideration the impact of the issue on the
Customer and Tiburon's User base. Priority 3
issues have priority scheduling in a subsequent
release.
Priority 4 -
if Tiburon determines that a reported Medium
Tiburon will work to provide the Customer with
Medium Priority
Priority error requires a code correction, such
a resolution which may include a workaround or
issues will be addressed in a subsequent
code correction in a future release of the
release when applicable.
software. Priority 4 issues have no guaranteed
resolution time.
Priority 5 -
Low Priority issues are logged by Tiburon and
There is no guaranteed resolution time for Low
Low Priority
addressed at the company's discretion
Priority issues.
according to Tiburon's roadmap planning
process.
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4.3.2.3 SPECIAL NOTE #1
Priority 1 - Critical Priority issues meeting the previously noted criteria are defined as follows:
4.3.2.3.1 Records, Field Based Reporting, Jail Records, Fire Records, Web Query
Records users are severely impacted due to one of the following conditions:
a. System completely down
b. All users getting `unable to login or no connection to server'
c. Unable to log on to Records, Jail Records.
d. All users getting `No response from ComDIR' or `lost connection to server'
e. Cannot book or release any inmate.
f All users getting `NETWORK UNAVAILABLE' or `DISCONNECTED FROM
SERVER' in red text on the bottom status bar of TE.
g. All users are unable to load a module list such as the Event list, Case list, Arrest list.
h. All users are unable to save a new record (event, case, arrest)
i. All users are unable to load any existing record (event, case, arrest)
j. Inability of any users to launch or log on to Web Query.
k. All Web Query users getting `Invalid response from GETO', `Not Connect to Server'
`Unable to read data from transport connection.'
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4.3.2.4 SPECIAL NOTE #2
Priority 2 - Urgent Priority issues, meeting the previously noted criteria, are defined as follows:
4.3.2.4.1 Records, Field Based Reporting, Jail Records, Fire Records, Web Query
Records users are severely impacted due to one of the following conditions:
a. Unable to run a Warrant Check
b. Jail Headcount is off.
c. Training environment is down and client is actively conducting a training class with
several students.
d. No additional users can log on to WebQuery.
e. Inability to run Name or Location searches.
f. Inability to run CAD Queries.
g. An error which prevents users from completing their normal business function for
which no reasonable workaround exists.
h. Data corruption issues that prevent processing of inmates or reports, but not including
general data cleanup.
i. Inoperable external interfaces such as Livescan, Mugshot, Commissary, for which no
reasonable workaround exists.
j. Individual workstation or user issues only if no alternate means of completing the
work exist (i.e — another user or workstation is available).
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4.4 REPORTING A TSR
The preferred method of contact for CSC for Client issues is outlined in the table below:
24 hours a Must contact
Priority 1& day, 7 days a the CSC via
Priority 2 week, 365
A ,.e _ telephone
Submit a case
via telephone,
Priority 3 8 am -5 pm in email, or the
thru the Client's third party Self
Priority 5 time zone Service
application
provided.
CSC Telephone: 877.445.21
Backup Phones:
925.621.2720
510.579.4609
510.579.1714
If for any reason Clients cannot reach us on the toll free
number, Clients can reach us on our backup phones.
Please call the alternate number(s) in the order listed.
Email: CustomerServicena,tritech.com
Self Service Access:
httl2://csc tritech com:8180/HeatWebUI/hss/HSS 'sem
4.5 EMERGENCY AFTER HOURS ASSISTANCE
Emergency assistance after regular business hours is subject to the following special condition:
"24x7" support is standard for all CAD, Corrections, and Message Switch systems. If a Client selects the
"24x7" service option for any other Tiburon applications, remote support for Priority 1 and Priority 2
TSRs for those applications is also provided on a 24 x 7 basis. If a Client requests after hours support for
an application without "24x7" coverage, support is subject to a call -out fee in addition to time and
materials charges.
Once an issue has been determined to be out of scope, an Authorized Client Representative will be
contacted by Tiburon and advised that additional charges may be incurred. The Client Representative
must approve this out of scope effort before work will resume. The call out fee is based on Tiburon's
then current hourly rate and is calculated based on every hour expended by any Tiburon staff member to
resolve the issue. Time is calculated to the nearest whole hour.
4.6 CLIENT RESPONSIBILITIES
In order to provide maintenance support services to Clients, Tiburon requires that Clients:
• Limit TSRs to one reported problem in each TSR logged.
• Include enough detail in a reported problem so that Tiburon can effectively reproduce and diagnose
it, to include steps to reproduce the error, error messages received, and screen shots if applicable.
• Provide continuous remote access to the system(s) , and have a technical resource reachable
afterhours that Tiburon staff can contact should the need arise for Priority 1 issues
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• Maintain continuous remote access along with the ability to upload and download files to
server(s) without third -party interaction.
• Restrict the use of CAD workstations to Tiburon Applications only, eliminating internet
connectivity and the use of things like streaming media, internet games and other applications
that can negatively interact with the CAD system.
• Ensure that maintenance and back-up activities relating to the Covered Applications and the
System, including, without limitation, backing up databases and journal logs, purging out of data
records, running reports, and performing diagnostics, are carried out in accordance with the
schedule and methodology laid out by Tiburon.
• Ensure that the System conforms to the "Site System and Network Specifications" as established
during the project implementation.
• Maintain a system to ensure that only authorized personnel have the ability to make changes to the
Client's database and that a list of all such authorized personnel (and any updates thereto) be
promptly delivered to the Tiburon Client Support Center. Each request for any change to a Client's
database shall be accompanied by a signed letter of authorization from the Client's Authorized
Client Representative, and shall contain all details of the requested change. Tiburon will not assist
Client personnel with database change requests other than those on the most current authorized
personnel list.
• Designate a single individual to act as the Client's authorized representative who is (a) authorized
to act on the Client's behalf with respect to all matters relating to this Agreement; (b) shall ensure
the Client's compliance with its responsibilities under this Agreement; and (c) shall coordinate
appropriate schedules in connection with Tiburon's services under this Agreement. The Client may
change the individual designated hereunder by providing Tiburon written notice designating a new
individual authorized to act as the Client Representative within ten business days.
• Ensure that Technical Support Coordinators and other personnel have received sufficient training
on all aspects of the Tiburon system that they are supporting, and have the experience to perform its
obligations.
4.7 SERVICE REQUEST LIFECYCLE
The TSR lifecycle can vary depending on the complexity of the issue being reported. Some TSRs will
move from "New" to "In Progress" and "Closed" without a need for validation. Other TSRs require a
validation step where the TSR is first "fixed" in the Client's Training system and validated with the Client
before moving to Production and then placed in "Test Request" status for final Client confirmation prior
to closure. Our CSC team works with Clients to not only validate the resolution of the case, but to
confirm the resolution prior to closing it.
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4.7.1 TSR STATUS
As a TSR moves through Tiburon's service request lifecycle the overall case status will change. The
statuses and definitions below are those currently in use:
Case Status
Definition
Default status used for all 'new' cases corning into the CSC. TSRs in "New"
status reflect no one is currently assigned to research or resolve the issue.
New
Once the Project Manager or Client Liaison discusses new issues with their
Client, the issue is prioritized for resolution and the appropriate Team Leader
is notified for assignment.
In Progress
Status used to indicate TSR has been assigned to an individual for resolution.
Status used to indicate that the additional information is needed to resolve the
TSR. Information needed is detailed in the Status / Solution field.
Need Info
A TSR in NEED INFO status for 30 or more calendar days without any
update will be closed If the issue occurs again, it should be reported as a
new issue with supporting in ormation and screen shots if applicable.
Status used to place TSR in a HOLD state pending action by Tiburon or action
by the Client. Pending action will be detailed in the Status / Solution field.
On Hold
A TSR in ON HOLD status for 30 or more calendar days without any update
will be closed with Client approval. If the issue occurs again, it should be
reported as a new issue with supporting information and screen shots if
applicable
Status used to indicate TSR is currently in 30 -day monitor period. Usually
used to monitor recurrence of an issue after implementation of a fix (typically
when complete validation is not feasible). Also used when issue cannot be
Monitor
readily investigated pending occurrence of another event.
A TSR in MONITOR status.for 30 or more calendar days without any
update will be closed. If the issue occurs again, it should be reported as a
new issue with supporting information and screen shots if applicable.
Status used to indicate that a fix has been implemented in Client's training
system. Testing by Client and confirmation of fix is required before fix will be
moved to Client's production environment
Test in TRN
It is important that TSRs in this status are addressed by Client within 30
calendar days so that untested fres do not remain in the Client's system for
an unreasonable period of time. It is impossible to manage clean code lines
with polentialfixts that have not been tested as requested
Status used to indicate that fix has been applied in the Client's production
system. Validation of fix by the Client is required, however,
Test Request
A TSR in TEST Request status for 30 or more calendar days without any
update will be closed If the issue occurs again, it should be reported as a
new issue with supporting information and screen shots if a licable.
Status used to indicate that the TSR has been closed with the concurrence of
Closed
the Client (or 30 calendar days have passed with no further communication
from the Client, as noted above). Once in Closed status, a TSR is no longer
editable to any other status.
Tiburon, Inc. July 1, 2015 Page 23
A TriTech Software Systems Company
Warranty & Maintenance Support Version 8.1 Guidelines & Options
4.7.2 CASE ESCALATION
Tiburon shall provide regular status updates to designated Client contact until the issue is resolved.
Tiburon will document appropriate items, which may include root cause analysis, customer impacts,
countermeasures and resolution. Failure to meet the stated resolution times will result in the escalation of
these calls. Escalation path is as follows:
• Client Liaison
• Director, Client Service & Support —Tiburon Group
• Vice President / General Manager — Tiburon Group
• COO — TriTech Software Systems
• CEO — TriTech Software Systems
4.7.3 CASE CLOSURE
The CSC staff will work with Clients to validate TSR resolution prior to closure. Once an issue has been
validated by the Client, Tiburon will confirm and close the case.
If after 30 calendar days there has been no communication from the Client advising that the issue has
not been resolved, the CSC staff will close the case.
Tiburon, Inc. July 1, 2015 Page 24
A TriTech Software Systems Company
Warranty & Maintenance Support Version 8.1 Guidelines & Options
5. THIRD PARTY PRODUCT SUPPORT
Unless otherwise agreed, the Customer shall obtain, pay for and maintain in effect during the term of this
Agreement the technical support contracts for certain third party products as specified by Service Provider,
and shall ensure that, in addition to authorizing the Customer to request support services there trader, each
such support contract also expressly authorizes Service Provider to request support services there under on
the Customer's behalf.
Tiburon, Inc. July 1, 2015 Page 25
A TriTech Software Systems Company
Warranty & Maintenance Support Version 8.1 Guidelines & Options
6. OTHER SERVICES
6.1 SOFTWARE UPDATE SERVICES
If the Customer has purchased the Software Updates Program, the Customer will be entitled to receive
new General Availability (GA) releases of the Service Provider licensed software products purchased by
the Customer as they may become available.
The Software Updates Program provided hereunder does not include any of the following:
1. Installation, configuration and training services. Upon reasonable notice from the Customer,
Service Provider will provide a Quote Document to the Customer on a time and materials basis at
Service Provider's then current rates for such services;
2. Modifications or customization of the Software other than corrections of Defects made or
provided under these Maintenance and Support Guidelines;
3. Consultation for new programs or equipment;
4. Correction of problems, and assistance regarding problems, caused by operator errors, including
but not limited to the entry of incorrect data and the maintenance of inadequate backup copies and
improper procedures; and/or
5. Correction of errors attributable to software other than the licensed Software.
Upgrade of the Customer's Hardware, Operating System, and/or third party software may be required
from time to time to support New Releases, Maintenance Releases or Upgrades of the Software. The
Customer shall be solely responsible for the cost of such upgrades unless expressly stated otherwise.
6.2 PRODUCT MODIFICATION REQUESTS
Product Modification Requests may be identified in several ways:
In evaluating a TSR, it is determined that the existing solution is functioning as designed.
A Client wants to extend their Tiburon solution or obtain additional optional services, and
requests a quote for new functionality.
Once a TSR is identified as a product modification request, the case is updated to reflect this and assigned
to the Client Liaison. The Client Liaison contacts and advises the Client of the new classification. The
TSR is then assigned to the Account Executive and the TSR is closed. Once the Account Executive is
notified of this request, the following actions occur:
The Account Executive works with the Client to clarify the request and produce the requirements
for Engineering to quote the request
Engineering and/or Operations evaluates the request, determining the mix of customized
development, configuration, testing and documentation required to deliver the request
The Account Executive takes the information from Engineering and produces a quote for the
Client
Tiburon, Inc. July 1, 2015 Page 26
A TriTeeh Software Systems Company
& Maintenance Support Version 8.1 Guidelines &
The Client is asked to review and either accept or reject the proposed enclosed product
modification and quote.
Once the product modification proposal is accepted and signed by an authorized clisnt
representative, the delivery is handled by Tiburon's Operations Department.
6.3 STEERING COMMITTEE ISSUES
Clients can submit a Steering Committee request for discussion and potential inclusion in Tiburon's
baseline when they encounter a situation where a system change or additional feature would enhance the
functionality of the system. Steering Committee requests can be submitted via the Self Service
application using the Call Type of Steering Committee.
Steering Committee cases are assigned to a Tiburon Product Manager and the TSR is placed in an ON
HOLD status. After the issue is vetted at the Tiburon User Group, the issue is updated with the
recommendations of the Steering Committee and Closed.
6.4 PRODUCT SPECIALIST AND TRAINING REQUESTS
Tiburon's Training Team is available to work with Clients. Each member on Tiburon's Training Team is
a subject matter expert in specific Product. They support the implementation of each Client solution
through configuration, validation, testing and training. After the Tiburon Applications are live, and the
project is completed as deemed in the Statement of Work, Clients who have additional needs for training
should work with their Tiburon Account Executive to create a custom, fee-based program.
6.5 DBA AND SYSTEM ADMINISTRATION SUPPORT
SERVICES
6.5.1 LEVEL 1 DATABASE ADMINISTRATION (DBA) SUPPORT
Level 1 Database Administration (DBA) Support is a standard feature of Tiburon's Master Support
Agreement (MSA). Level 1 DBA Support services include the creation of production and training
databases to be used by the Tiburon applications for Clients that do not have their own database
administration (DBA) capabilities. Database services offered as part of the Level 1 DBA Support do not
include preventive monitoring of the Client's databases. The Client's DBA is responsible for periodic
database backups, backup functionality monitoring, periodic database maintenance, and database
recoveries in the event of disaster. During the project phase, before "go live," Tiburon is available to
assist with the database backup configuration. Thereafter, Tiburon will be available primarily for
consultation to diagnosis/resolve database problems that are directly related to the Tiburon applications.
6.5.2 LEVEL I SYSTEM ADMINISTRATION SUPPORT
Tiburon provides Level 1 System Administration (SA) Support as a standard feature of the Master
Support Agreement (MSA). For Clients who have qualified System Administrators, this plan provides the
minimum assistance needed to ensure that operating systems, hardware, and networking function properly
to support the Tiburon applications. Tiburon will provide support ranging from information -only, to
applying minor changes (designation of minor change reserved to Tiburon), to providing resolution only
for problems that may be encountered by supported Tiburon applications.
Tiburon, Inc. July 1, 2015 Page 27
A TriTech Software Systems Company
Warranty & Maintenance Support Version 8.1 Guidelines & Options
7. EXCLUSIONS TO TECHNICAL SUPPORT SERVICES
The following services are outside the scope of the Technical Support Services provided by Service
Provider and may result in additional charges, on a time and material basis:
(a) Repair of damage or the increase in service time due to any cause external to the System which
adversely affects its operability or serviceability, including but not be limited to, fire, flood,
water, wind, lightning, and transportation of the System from one location to another.
(b) Repair of damage or the increase in service time caused by failure to continually provide a
suitable installation environment, including, but not limited to, the failure to provide adequate
electrical power, air conditioning or humidity control, or Customer's improper use, management
or supervision of the System including, without limitation, the use of supplies and accessories.
Proper use and environmental requirements are determined by the Product documentation.
(c) Repair of problems caused by the use of the System for purposes other than for which it is
designed.
(d) Repair of problems caused by changes to the Hardware and/or the network made without
obtaining Service Provider's prior approval.
(e) ;Repair or replacement of any item of the System which has been repaired by others, abused or
improperly handled, improperly stored, altered or used with third party material, software or
equipment, which material, software or equipment may be defective, of poor quality or
incompatible with the System, and Service Provider shall not be obligated to repair or replace any
component of the System which has not been installed by Service Provider or a Service Provider
authorized technician.
(f) Removal, relocation and/or reinstallation of the System or any component thereof.
(g) Diagnosis time directly related to unauthorized components and/or misuse of the System, whether
intentional or not.
(h) Any design consultation such as, but not limited to, reconfiguration analysis, consultation with
Customer for modifications and upgrades which are not directly related to a problem correction.
(i) Provision of any operational supplies, including by not limited to, printer paper, printer ribbons,
toner, printer cartridges, photographic paper, magnetic tape and any supplies beyond those
delivered with the System.
0) Repair of problems caused by computer / network security breaches and/or virus attacks.
(k) Repair or replacement of any Hardware not purchased from Service Provider and explicitly
covered by a Service Provider warranty or maintenance program.
Tiburon, Inc. July 1, 2015 Page 28
A TriTech Software Systems Company
& Maintenance Su000rt Version 8.1 Guidelines &
8. OPTIONAL MAINTENANCE PROGRAMS
Tiburon's Account Executive will work with the Client to identify the support programs that meet Client
needs and to develop associated pricing. The matrix below describes the standard Level 1 services as
well as the Level 2 and Level 3 services offered.
8.1 DATABASE ADMINISTRATION (DBA) SERVICES /
SYSTEM ADMINISTRATION (SA) SERVICES
Tiburon offers optional added -cost Database Administration Support and System Administration service
plans including Level 2 and Level 3 Extended Services. These Service Levels are compared side by side
in the matrix below.
DataTgasesmtvrces = `;' °I ebe11°)eve12
Le'vel3
Set up application databases ✓
✓
✓
Set up database backup to disk ✓
✓
✓
Expand database disk space allocations as needed ✓
✓
✓
Support for Database Issues on Tiburon Business
Applications Day (8x5)
24x7
240
Maintain Database Backup Scripts
✓
✓
240 Support for Database Issues on Tiburon
Applications
✓
✓
Disaster Recovery Planning and Set -Up
✓
✓
Perform Database Recovery Procedures
✓
✓
Monthly Report
✓
✓
Maintain database system accounts and passwords
✓
✓
3`d Party support login access
✓
✓
Twice Monthly Database Health Check &
Maintenance
✓
✓
Database Upgrade Support
✓
✓
Monitoring of Backup Los
Monthly
2x Monthly
Examination of Backup Tapes
Monthly
2x Monthly
Database Health Check & Maintenance
Monthly
2x Monthly
Database Tuning &'Performance Monitoring
Monthly
2x Monthly
Rebuild Indexes
Annually
2x Annually
Recovery Dry Run
Annually
2x Annually
Tiburon, Inc. July 1, 2015 Page 29
A TriTech Software Systems Company
Warranty & Maintenance Support Version 8.1 Guidelines & Options
S sterhs'XdiiiWktration Seroces
Level;1
Leve12,
Levet3 .
Backup Planning Consultation and Scripts (UNIX
only)
✓
✓
✓
Set -Up of Backup Scripts (UNIX only)
✓
✓
✓
High -Availability Cluster Application Restart
✓
✓
✓
Expansion of Files stem Disk space Allocations
✓
✓
Application of Operating System Patches for
Tiburon Applications
✓
✓
Remote Monitoring for System Health
Business
Day (8x5)
240 Support
Perform Application Baclmp Activities
Business
Day (8x5)
240 Support
Operating Systems, Hardware and Networking
Assistance
Business
Day (8x5)
240 Support
Remote System Administration
24x7 Support
Perform Performance Analysis, Report and
Adjustments to System Performance Parameters
Annually
Review of Hardware and operating System on
Named Services and Provide a Written Report
Monthly
Tiburon, Inc. July 1, 2015 Page 30
A TriTech Software Systems Company
& Maintenance Sunport Version 8.1 Guidelines &
9. ADDITIONAL INFORMATION
NOTE: As these become available there will be no additional cost to client to utilize.
9.1 DOCUMENTATION LIBRARY (COMING SOON)
All current -version baseline documentation is posted in the Documentation Library for Client access and
download. This includes documentation for all current product version baseline releases. A link to this
Documentation Library can be found on the Tiburon Support Website.
9.2 CRYSTAL REPORT / SSRS REPORT SHARING POOL
(COMING SOON)
Clients can submit Crystal Reports or SSRS Reports to be posted in the Sharing Pool, which will
accessible by all Tiburon Clients.
9.3 CLIENT TSR REPORTS (COMING SOON)
Standard SSRS Reports are available for Clients to obtain a formatted report of their TSRs or a non -
formatted report in csv format. Reports may include all Open Cases (not closed) or All Cases regardless
of status.
9.4 KNOWLEDGE BASE (COMING SOON)
Clients can submit a string search against Call Description and Status/Solution data in the HEAT database
to see if an issue had been submitted and a resolution is available to a common issue. The inquiry can
also be filtered by System Type.
9.5 CUSTOMER FORUM (COMING SOON)
The Customer Forum will allow communications between Tiburon Clients on common issues or topics.
9.6 TIBURON USER GROUP
The Tiburon User Group provides an important vehicle for communicating with other users and Tiburon
staff. Each year, Tiburon hosts a User Group conference, offering training sessions, presentations and
product demonstrations. The annual conference enhances communication among users, introduces new
products and product upgrades, and provides working sessions focused on specific areas of user interest.
Each agency can send as many representatives to the annual conference as desired, at the then current per
attendee registration fee. The attendee fees help to offset a portion of the expenses we incur to ensure a
high-quality event for our Clients.
Tiburon, Inc. July 1, 2015 Page 31
A TriTeeh Software Systems Company
& Maintenance Sunnort Version 8.1 Guidelines &
9.7 PRODUCT STEERING COMMITTEES
Product Steering Committees allow Tiburon Clients to participate in product development and direction
for all major Tiburon applications. Each Product Steering Committee is composed of a chairperson
elected by the Tiburon User Group, and up to five additional members selected by the chairperson. The
Product Steering Committee members solicit input from Tiburon Clients licensed for each product line,
and compile suggested product changes to discuss at the annual Product Steering Committee meetings,
which are held in the spring. A Tiburon product advocate and Tiburon product technical lead attend the
annual Product Steering Committee meetings. Each session begins with a full demonstration of the
current product version, followed by a discussion of potential changes and/or product modifications. As a
result of these discussions, the Product Steering Committees determine which changes will be applied to
the next product version.
Tiburon, Inc. July 1, 2015 Page 32
A TriTech Software Systems Company
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
A� p® CERTIFICATE OF LIABILITY INSURANCE
DATE
5/9/20116 Di
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsements .
PRODUCER
Crystal & Company
CIBC Insurance Services LLC
32 Old Slip
CONTACT
NAME, Jonathan Thomas
PHONE FAX
(AIC No Ext 415-946-7500 OI, 415-946-7550
EbmpA,'L,,,.jonathan.thomas@crystalco.com
INSURERS AFFORDING COVERAGE NAIL#
New York NY 10005
INSURERA:lndian Harbor Insurance Company 36940
6024533045
INSURED TTHOLD
[NSURERB:Valley Fore Insurance Company 20508
INSURER C: National Fire Insurance Company of 20478
Palermo TT Holdings, Inc.
9477 Waples, Suite 100
San Diego CA 92121
INSURER D: Continental Casualty Company 20443__
CLAIMS -MADE 1X OCCUR
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER: 1768457215 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCEADDL
INSD
WVD
POLICY NUMBER
POLICY EFF
MMIDDIVYYV
POLICY EXP
MMIDDIYYYY
I LIMITS
11
X COMMERCIAL GENERAL LIABILITY
6024533045
5/1/2016
15/1/2017
EACH OCCURRENCE
$1,000,000
CLAIMS -MADE 1X OCCUR
DAMAGERENTED
PREMISESS( RENTED
)
$1,000,000
MED EXP (Any one person)
$15,000
PERSONAL &ADV INJURY
$1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$2,000,000
POLICY [:] JECT PRO- [X] LOC
PRODUCTS - COMP/OPAGG
$2,000,000
$
OTHER:
C
AUTOMOBILE
LIABILITY
6024533059
5/1/2016
5/1/2017
COMBINEDSIN E MIT
Ea accident
$1,000,000
_
BODILY INJURY (Per person)
$
ALL OWNED X SCHEDULED
UTOS
BODILY INJURY (Per accident)
$
NANYAUTO
NON -OWNED
HIRED AUTOS X AUTOS
PROPERTYDAMAGE
Per accident
$
C
X
UMBRELLA LIAB
X_
OCCUR
6024533093
5/1/2016
5/1/2017
EACH OCCURRENCE
1$10,000,000
AGGREGATE
$10,000,000
EXCESS LIAB
CLAIMS -MADE;
DEO RETENTIONS
_
$
I
D
D
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY YIN
6024533076
6024533062
5/1/2016
5/1/2016
5/1/2017
5/1/2017
PER OTH-
X I STATUTE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE
E,L, EACH ACCIDENT
$1,000,000
OFFICER/MEMBER EXCLUDED? ❑
NIA
E.L. DISEASEEAEMPLOYEE
$1,000,000
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
I
EL DISEASE -POLICY LIMIT
--"-'-
$1,000,000
A
Tech Professional Liab
MTP903220001
1 5/1/2016
5/1/2017
5,000,000 Each Claim
Retroactive Date 1/1/92
5,000,000 Aggregate
Claims Made
100,000 Retention
DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
City of Santa Ana its officers, employees, agents, volunteers and representatives is included as Additional Insured as required by written
contract, but limited to the operations of the Insured under said contract, per the applicable endorsement with respect to the General Liability
and Automobile Liability policies.
F-�i
Named Insured Schedule
Palermo TT Holdings, Inc.
TT Holdings I, Inc.
TT Holdings II, Inc.
TriTech Holdings, Inc., a Delaware Corporation
Information Management Corporation
TriTech Emergency Medical Systems Canada ULC
TriTech Emergency Medical Systems, Inc.
TriTech Delaware, LLC
Vision Enterprises, Inc.
Visions Acquisition, Inc.
VisionAir, Inc.
Voyager, Inc.
Palermo Finance Corporation
Tiburon, Inc.
Xanalys Corporation
Geo911, Inc.
Masys Corporation
TriTech Software Systems, a California Corporation
TriTech Software Corporation, a Delaware Corporation
Tiburon Limited
Xanalys Corporation
Geo Mobile, Inc.
Compudyne Corporation
Zuercher Technologies, LLC
Law Enforcement Technology Group, LLC
The Omega Group
►7�L�.7
CNA71526XX
(Ed. 10/12)
ADDITIONAL INSURED ENDORSEMENT - CONTRACTUAL OBLIGATION
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:
SCHEDULE
SEE ENDORSEMENT
Paragraph A.1. Who Is An Insured of Section II — LIABILITY COVERAGE is amended to include as an additional
insured the person or organization scheduled above, but only if you are required by "written contract" to make that
person or organization an additional insured under this policy.
2. The insurance provided to the additional insured is limited as follows:
a. The person or organization is an additional insured only with respect to "bodily injury" or "property damage"
arising out of a covered "auto" and caused by your negligent acts or omissions or the negligent acts or omissions
of someone, other than the additional insured, for whom you are legally liable.
b. The person or organization is not an additional insured for the person or organization's own acts or omissions, nor
those of anyone, other than you, for whom the person or organization is legally liable.
c. We will not provide the additional insured any broader coverage or any higher limit of liability than the least that is:
(1) Required by the "written contract" or
(2) Afforded to you under this policy.
3. Condition 2. Duties In the Event of Accident, Claim, Suit or Loss of Section IV— BUSINESS AUTO CONDITIONS
is amended to add the following conditions applicable to the additional insured:
An additional insured under this endorsement will as soon as practicable
a. Give us written notice of an "accident" which may result in a claim or "suit" under this insurance, and of any claim
or "suit" that does result;
b. Agree to make available any other insurance the additional insured has for a loss we cover under this policy;
c. Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or
settlement of the claim or "suit"; and
d. Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or
program applies to a loss we cover under this policy. But if the "written contract" requires this insurance to be
primary and non-contributory, this provision d. does not apply to insurance on which the additional insured is a
Named Insured.
We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the
additional insured written notice of a "suit."
4. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add
the following definition:
"Written contract" means a written contract or written agreement that requires you to make a person or organization an
additional insured under this policy, provided the contract or agreement:
1. Is currently in effect or becomes effective during the term of this policy; and
2. Was executed prior to the accident for which the additional insured seeks coverage under this policy.
CNA71526XX (10/12) Pol icy No: 60245330,1
Page 1 of 2 Endorsement No:
Effective Date: 05/01/2016
Insured Name: PALERMO IT HOLDINGS, INC.
Copyright CNA AI Rights Reserved.
All other terms and conditions of the Policy remain unchanged.
Material used with permission of ISO Properties, Inc
CNA71526XX (10/12)
Page 2 of 2
Policy No:
Endorsement No:
Effective Date:
Insured Name: PALERMO TT HOLDINGS, INC.
Copyright CNA All Rights Reserved.
CNA71526XX
(Ed. 10112)
6024533059
05/01/2016
CNA71527XX
CNA (Ed. 10/12)
ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:
SCHEDULE
Name of Additional Insured Persons Or Organizations
1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II — LIABILITY COVERAGE, the person or
organization scheduled above is an insured under this policy.
2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if
you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident'
for which the additional insured seeks coverage under this policy.
All other terms and conditions of the Policy remain unchanged.
CNA71527XX (10/12) Policy No: 60245330!
Page 1 of 1 Endorsement No:
Effective Date: 05/01/2016
Insured Name: PALERMO IT HOLDINGS, INC.
Copyright CNA All Rights Reserved.
POLICY NUMBER: 6024533059 COMMERCIAL AUTO
CA 04 4410 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by
the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Named Insured: PALERMO IT HOLDINGS, INC.
Endorsement Effective Date: 05/01/2016
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
ANY PERSON OR ORGANIZATION FOR WHOM
OR WHICH YOU ARE REQUIRED BY WRITTEN
CONTRACT OR AGREEMENT TO OBTAIN THIS
WAIVER FROM US. YOU MUST AGREE TO THAT
REQUIREMENT PRIOR TO LOSS.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against Others
To Us condition does not apply to the person(s) or
organization(s) shown in the Schedule, but only to the
extent that subrogation is waived prior to the "accident'
or the 'loss" under a contract with that person or
organization.
CA 04 44 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1
CNA CNA PARAMOUNT
Technology General Liability Extension Endorsement
1. ADDITIONAL INSUREDS
a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs
A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part
under a written contract or written agreement, provided such contract or agreement:
(1) is currently in effect or becomes effective during the term of this Coverage Part; and
(2) was executed prior to:
(a) the bodily injury or property damage; or
(b) the offense that caused the personal and advertising injury,
for which such additional insured seeks coverage.
b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer
will not provide such additional insured with:
(1) a higher limit of insurance than required by such contract or agreement; or
(2) coverage broader than required by such contract or agreement, and in no event broader than that described
by the applicable paragraph A. through K. below.
Any coverage granted by this endorsement shall apply only to the extent permissible by law.
A. Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or
organization's liability for bodily injury, property damage or personal and advertising injury arising out of:
1. such person or organization's financial control of a Named Insured; or
2. premises such person or organization owns, maintains or controls while a Named Insured leases or
occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or
demolition operations performed by, on behalf of, or for such additional insured.
B. Co-owner of Insured Premises
A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect
to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner
of such premises.
C. Grantor of Franchise
Any person or organization that has granted a franchise to a Named Insured, but only with respect to such
person or organization's liability for bodily injury, property damage or personal and advertising injury as
grantor of a franchise to the Named Insured.
D. Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for
bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named
Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such
bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place
prior to the termination of such lease.
E. Lessor of Land
CNA74872XX (1-15)
Page 2 of 14
VALLEY FORGE INSURANCE COMPANY
Insured Name: PALERMO TT HOLDINGS, INC.
Policy No: 6024533045
Endorsement No: 6
Effective Date: 05/01/2016
copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with its permission.
I
CNA CNA PARAMOUNT
Technology General Liability Extension Endorsement
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily
Injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use
of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense
giving rise to such personal and advertising injury takes place prior to the termination of such lease. The
coverage granted by this paragraph does not apply to structural alterations, new construction or demolition
operations performed by, on behalf of, or for such additional insured.
F. Lessor of Premises
An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but
only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of
the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that
the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal
and advertising injury, takes place prior to the termination of such lease. The coverage granted by this
paragraph does not apply to structural alterations, new construction or demolition operations performed by, on
behalf of, or for such additional insured.
G. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's
liability for bodily injury, property damage or personal and advertising injury arising out of the Named
Insured's ownership, maintenance, or use of a premises by a Named Insured.
The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition
operations performed by, on behalf of, or for such additional insured.
H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits
A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but
only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily
injury, property damage or personal and advertising injury arising out of:
1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which
this insurance applies:
a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings,
canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk
vaults, street banners, or decorations and similar exposures; or
b. the construction, erection, or removal of elevators; or
c. the ownership, maintenance or use of any elevators covered by this insurance; or
2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf.
The coverage granted by this paragraph does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of operations performed
for the state or governmental agency or subdivision or political subdivision; or
b. Bodily injury or property damage included within the products -completed operations hazard.
With respect to this provision's requirement that additional insured status must be requested under a written
contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the
Named Insured to add the governmental entity as an additional insured.
I. Trade Show Event Lessor
With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or
displayer, any person or organization whom the Named Insured is required to include as an additional
CNA74872XX (1-15)
Page 3 of 14
VALLEY FORGE INSURANCE COMPANY
Insured Name: PALERMO TT HOLDINGS, INC.
Policy No: 6024533045
Endorsement No: 6
Effective Date: 05/01/2016
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Technology General Liability Extension Endorsement
insured, but only with respect to such person or organization's liability for bodily injury, property damage or
personal and advertising injury caused by:
a. the Named Insured's acts or omissions; or
b. the acts or omissions of those acting on the Named Insured's behalf,
in the performance of the Named Insured's ongoing operations at the trade show event premises during the
trade show event.
2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within
the products -completed operations hazard.
J. Vendor
Any person or organization but only with respect to such person or organization's liability for bodily injury or
property damage arising out of your products which are distributed or sold in the regular course of such person
or organization's business, provided that:
1. The coverage granted by this paragraph does not apply to:
a. bodily injury or property damage for which such person or organization is obligated to pay damages by
reason of the assumption of liability in a contract or agreement unless such liability exists in the absence
of the contract or agreement;
b. any express warranty unauthorized by the Named Insured;
c. any physical or chemical change in any product made intentionally by such person or organization;
d, repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the
substitution of parts under instructions from the manufacturer, and then repackaged in the original
container;
e. any failure to make any inspections, adjustments, tests or servicing that such person or organization has
agreed to make or normally undertakes to make in the usual course of business, in connection with the
distribution or sale of the products;
f. demonstration, installation, servicing or repair operations, except such operations performed at such
person or organization's premises in connection with the sale of a product;
g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used
as a container, part or ingredient of any other thing or substance by or for such person or organization; or
h, bodily injury or property damage arising out of the sole negligence of such person or organization for
its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this
exclusion does not apply to:
(1) the exceptions contained in Subparagraphs d. or f. above; or
(2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the
Named Insured to make or normally undertakes to make in the usual course of business, in
connection with the distribution or sale of the products.
2. This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has
acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing
such products.
3. This Paragraph J. also does not apply:
a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part;
b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor
CNA74872XX (1-15) Policy No: 6024533045
Page 4 of 14 Endorsement No: 6
VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2016
Insured Name: PALERMO IT HOLDINGS, INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Technology General Liability Extension Endorsement
c. if bodily injury or property damage included within the products -completed operations hazard is
excluded by endorsement to this Coverage Part.
K. Other Person Or Organization / Your Work
Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such
additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury
for which such additional insured is liable because of the Named Insured's acts or omissions.
The coverage granted by this paragraph does not apply to any person or organization:
1. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part; nor
2. for bodily injury or property damage included within the products -completed operations hazard except to
the extent all of the following apply:
a. this Coverage Part provides such coverage;
b. the written contract or agreement described in the opening paragraph of this ADDITIONAL INSUREDS
Provision requires the Named Insured to provide the additional insured such coverage; and
c. the bodily injury or property damage results from your work that is the subject of the written contract
or agreement, and such work has not been excluded by endorsement to this Coverage Part.
2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE
A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended
to add the following paragraph:
If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-
contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will
not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own
insurance means insurance on which the additional insured is a named insured.
B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this
endorsement, the following sentence is added to the paragraph above:
Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to
such person or organization is excess of any other insurance available to such person or organization.
3. BODILY INJURY — EXPANDED DEFINITION
Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following:
Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock,
mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical
injury, sickness or disease.
4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE
Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit Condition is
amended to add the following provisions:
A. BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence,
offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a
partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the
above to give such notice.
B. NOTICE OF OCCURRENCE
CNA74872XX (1-15) Policy No: 6024533045
Page 5 of 14 Endorsement No: 6
VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2016
Insured Name: PALERMO IT HOLDINGS, INC.
copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Technology General Liability Extension Endorsement
21. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to
add the following:
The Insurer waives any right of recovery the Insurer may have against any person or organization because of
payments the Insurer makes for injury or damage arising out of:
1, the Named Insured's ongoing operations; or
2, your work included in the products -completed operations hazard.
However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in
a written contract or written agreement, and only if such contract or agreement:
1. is in effect or becomes effective during the term of this Coverage Part; and
2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the
claim.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect
on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and
expires concurrently with said Policy.
CNA74872XX (1-15) Policy No: 6024533045
Page 14 of 14 Endorsement No: 6
VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2016
Insured Name: PALERMO IT HOLDINGS, INC.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with Its permission.
G -19160-B
CNA (Ed. 11/97)
Policy Numbers: 6024533076 & 6024533062
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY
BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
This endorsement changes the policy to which it is attached.
It is agreed that Part One Workers' Compensation Insurance G. Recovery From Others and Part Two Employers'
Liability Insurance H. Recovery From Others are amended by adding the following:
We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that
you perform work under a written contract that requires you to obtain this agreement from us.)
PREMIUM CHARGE- $328
The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California
exposure. The amount is 2.%.
G -19160-B Page 1 of 1
(Ed. 11/97)
Additional Insured - State or Governmental Agency
or Subdivision or Political Subdivision -
Permits or Authorizations Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
State Or Governmental Agency Or Subdivision Or Political Subdivision:
The City of Santa Ana its officers, employees, agents, volunteers and representatives.
City of Santa Ana
60 Civic Center Plaza
Santa Ana, CA 92701-0000
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
It is understood and agreed as follows:
A. The WHO IS AN INSURED is amended to add as an Insured any state or governmental agency or subdivision
or political subdivision shown in the Schedule that has issued a permit or authorization for operations performed
by or on behalf of the Named Insured, but only with respect to bodily injury, property damage or personal
and advertising injury arising out of the permitted or authorized operations.
However, if coverage for the additional insured is required by written contract or written agreement, subject
always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide
such additional insured with:
1, coverage broader than required by such contract or agreement; or
2. a higher limit of insurance than required by such contract or agreement.
B. This insurance provided to the additional insured does not apply to:
1. bodily injury, property damage or personal and advertising injury arising out of operations performed
for the federal government, state or municipality; or
2. bodily injury or property damage included within the products -completed operations hazard.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes
effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown
below, and expires concurrently with said Policy.
CNA74739XX (1-15) Policy No: 6024533045
Page 1 of 1 Endorsement No: 1
National Fire Insurance of Hartford Effective Date: 05/01/2016
Insured Name: Palermo TT Holdings, Inc.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.