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Home My WebLink AboutTIBURON, INC. 1B - 2003WORK MAY UNTIL INSURA-,~L L~,~tRES ~CIL DAm 3'lq SECOND AMENDMENT TO AGREEMENT FOR EXTENDED SERVICE A-2003-045 THIS AMENDMENT, made and entered into this I ~ ~ day of tlA ~ ~e~ ,2003, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City") and Tiburon, Inc., a California corporation ("Consultant"). RECITALS A. The City and the Consultant entered into that certain agreement dated August 28, 2000, hereinafter referred to as "said Agreement", for computer software support services of City's dispatch, message switch and corrections management systems and equipment. B. Parties entered into an amendment to said Agreement, dated December 17, 2001, whereby parties expanded the scope of work and amended the compensation ("First Amendment"). C. The parties now desire to amend said Agreement again by expanding the scope of work, amending the compensation and extending the time for completion ("Second Amendment"). WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement and the First Amendment as hereby amended, the parties hereto do hereby agree as follows: 1. The services to be undertaken by Consultant are expanded to include the services identified in Exhibit A and B attached hereto to this Second Amendment and incorporated into said Agreement by this reference ("Additional Services"). 2. This Second Amendment shall commence on the above date and terminate on September 30, 2003. In order to provide continuous uninterrupted service to City by Consultant, this Second Amendment shall cover all services rendered by Consultant to City from October 1, 2002 to the termination of the Second Amendment. 3. As full compensation for the Additional Services, City agrees to pay, and Consultant agrees to accept, payment in an amount not to exceed Thirty Five Thousand Eighty Four Dollars ($35,084.00). 4. A new section, Section 17, shall be added to read as follows: 17. NOTICES Any notice or demand required or permitted hereunder shall be sufficiently given when set forth in writing and delivered in person or by mail to: Page 1 of 3 To Consultant: Tiburon, Inc. Attn: Contract Administrator 39350 Civic Center Drive Fremont, California 94538 telefacsimile (510) 742-1057 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Chief of Police City of Santa Ana 60 Civic Center Plaza (M-97) Santa Ana, California 92702 telefacsimile (714) 245-8007 and, City Attorney City of Santa Aha 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 Except as modified above and in the First Amendment dated December 17, 2001, the terms and conditions of said Agreement, remain unchanged and in full force effect. Page 2 of 3 IN WITNESS WHEREOF, the parties have executed this Second Amendment to said Agreement the dated and year first above written. ATTEST: PATRICIA E. HEALY, Clerk of the Council CITY OF SANTA ANA Davia pq. tqeam City Manager APPROVED AS TO FORM City Attorney RECOMMENDED FOR APPROVAL: Paul Walters Chief of Police CONSULTANT Name: Kourtni Browning Title: Vice President Operations Tax ID#: 33-0998443 Page 3 of 3 EXHIBIT A TO THE AGREEMENT FOR EXTENDED SERVICES SOFTVVARE SUPPORT AND MAINTENANCE FEES CLIENT CONTACT- Russell Davis Santa Ana Police Department CLIENT # U766-02 PO Box 1981 Santa Ana, CA 92702 Support and Maintenance provided to the CLIENT listed above shall be pursuant to the terms and conditions of the TIBURON Agreement for Extended Service dated August 28, 2000 (the "Agreement"). The term of the Agreement shall commence on the effective date and shall continue until termination in accordance with the terms thereof. This exhibit sets forth the current annual maintenance fee for the software applications and software modules listed below. Upon payment of the amount set forth below, this Exhibit A shall be attached to and become part of the Agreement. Except as provided below, annual maintenance fees are payable in advance of each anniversary of the effective date of the Agreement. Tiburon reserves the right to increase the annual maintenance fee on an annual basis upon ninety (90) days prior written notice to the CLIENT, which adjustments shall become effective on the anniversary of the effective date of the Agreement. The annual maintenance fee will be adjusted as necessary to reflect changes in the software applications and software modules listed below or changes in the level of support provided under the Agreement. Such adjustments will be charged or credited as incurred on a pro rata basis and will be reflected in a new Exhibit A, which, upon delivery to the CLIENT, shall be attached to, and become part of, the Agreement. Payments for all technical services outside the scope of Basic Services and Options included in the CLIENT's annual maintenance fee shall be invoiced to the CLIENT as incurred. All such invoices shall be due and payable within thirty (30) days of CLIENT's receipt thereof. Tiburon reserves the right to charge an administrative fee of 10% of the annual maintenance fees for semi- annual or quarterly invoices. Software Model Months CPU Make Start End Total Fees CMS 12 10/01/02 09/30/03 $ 35,084.00 Total $ 35,084.00 Failure to pay when due the annual maintenance fee, any adjustment thereto, any invoice or any other amounts owing under the Agreement shall constitute a default under the Agreement and could result in the termination of support services under the Agreement, additional administrative charges for reinstating lapsed support services, as well as collection fees (including reasonable attorneys' fees and expenses). Santa Aha PD Ex A 2002 Page 1 of 1 EXHIBIT B TO THE AGREEMENT FOR EXTENDED SERVICE SCHEDULE OF SERVICES AND CHARGES Support and Maintenance provided to the CLIENT listed in Exhibit A shall be pursuant to the terms and conditions of the TIBURON Agreement for Extended Service dated August 28, 2000 (the "Agreement"). Upon CLIENT's payment of the amount set forth on Exhibit A to the Agreement, this Exhibit B shall be attached to, and become part of the Agreement. Any changes to the services options selected in this Exhibit B shall be reflected in a new Exhibit B which, upon payment of any additional amounts due, shall be attached to, and become part of, the Agreement. BASIC SERVICES TIBURON will provide basic services as defined in the Statement of Work contained in Section 2 of the Extended Service Agreement for the software systems as defined in Exhibit A. Support for Computer Aided Dispatch, Message Switch and Corrections Management Systems is 24 hours per day, 7 days per week. Support for other products is from 8:00 a.m. to 5:30 p.m. Pacific Time, excluding weekends and normal TIBURON holidays, unless the "24/7" Service Option is selected. In all cases; call-out charges will apply as described below. Tiburon personnel will visit CLIENT site periodically and meet with management, operations and other user personnel to conduct an operations review of the systems and an analysis of the CLIENT's automation requirements. A report will be produced to include observations and recommendations regarding the CLIENT's use of the system. Working with the CLIENT, this review will be further documented in the form of a multi-year automation plan for the CLIENT. There will be no charge for this service if total annual maintenance exceeds $20,000. The following is paraphrased from the recently adopted Bylaws. Voting membership in the '13buron User Group, as set forth herein, Is included in the Basic Service. The quantity of voting members is based on the number of Tiburon products installed, with the appropriate software licenses, at the CLIENT. For purposes of establishing voting memberships, a product is defined Computer Aided Dispatch, Police Records Management, Fire Records Management, Correction Management System, and Mobile Data System. The Tiburon User Group Conference is held annually at a location to be determined. "24/7" SERVICE OPTION $7,000 per year/per system (initial) Products not normally covered by 24-hcur support may optionally be supported with 24-hour coverage (including TIBURON holidays). /~oplicable call-out charges continue to apply. If this option is not in force, technical support requests outside of covered hours are charged at technical service rates as defined below. NEW PRODUCTS Additional TIBURON software systems, subsystems and TIBURON provided third-party products, such as hardware, and networking software may be acquired under this Agreement. TIBURON installation, special tailoring, license fees and third-party peripherals required shall be charged at the then current Technical Services Rate or as quoted by TIBURON or the third party. Santa Ana PD Ex B 2002 Page 1 of 2 GOLD CARD SERVICE OPTION Quote available on request A total support program is tailored for CLIENT and includes a schedule of on-site visits by TIBURON personnel for data base management, working with end users to identify and resolve problems and to apply agreed upon software changes, installation of new software products obtained through this Agreement, and a comprehensive training program. (If selected by CLIENT the terms of this option are defined in the Gold Card Service Schedule and will be attached as Exhibit C and incorporated herein by reference.) TECHNICAL SERVICE RATES 1. Technical Service Rates Technical Services Rates shall be invoiced to CLIENT as incurred at the rates then in effect. A minimum of four (4) hours per occurrence will be charged for work conducted at TIBURON facilities and a minimum of eight (8) hours at CLIENT site for Technical Services not covered under Basic Services or "24/7" Service Option as described previously. 2. Materials, Travel and Per Diem Expenses When applicable, ail special materials, plus travel and per diem expenses shall be charged to CLIENT at cost. 3. Call-Out Charges Systems not covered under 24/7 support, call-outs will be billed at $250 per cell. After the first hour, the rate is $250 per hour with a two-hour minimum. If CLIENT's systems are covered under the 24/7 support, the off-hour cell-out fee is $50. 4. Remote Access All charges in this Agreement are predicated on CLIENT providing the required hardware, software, and operating environment for dial-in service. If CLIENT does not provide this support for dial-in service, the following additional charge will apply: $500 per month per system supported In addition, travel and per diem expenses for on-site support required due to lack of remote access will be charged as defined in Exhibit B, page 2, item 2. Santa Ana P~) Ex B 2002 Page 2 of 2 Tiburon Inc. (510) 792-2108 Fax (510) 494-8394 Invoice No. 212376 A/Attention Rus~..ell Davis Name Santa Ana Police Department Address 60 Civic Center Plaza City Santa Ana __ State CA Zip 92702 Phone - Reference: Software Support and Maintenance Date 6-Sep-02 P.O. No. Payment due by: On or Before 10/1/02 Authorized by: ~,~oject Code U766-02/12500.06 Qty Description Unit Price October 1,2002 to September 30, 2003 1 CMS $35,084.00 Sales Tax if Applicable TOTAL Failure to pay invoice on or before due date may result in termination of support. Tiburon reserves the right to charge an administration fee for reinstatement of lapsed support. Client shall be responsible for all collection and/or attorney fees associated with the collection efforts associated with this invoice. Remit To: Tiburon Inc. P.O. Box 31001-0738 Pasadena, CA 9'1110-0738 24 0:3 10:54a SRriTR Aria POLICE DEPT. ~- ~oo~ - ici/ (714)245-8098 MAR~$H " . CERTIFICATE OF INSURANCE ~0,~ ~#~ Deputy City Attornc, ~e~ p.2 CERTlFICATE OF INSURANCE , C&RTiP1ëÁŸø NUUaèJ( , . CLE-O 4997- THIS CERTIFICATE IS ISSUED AS A MAmR OF INFORMATION ONLY APfO CONFeRS NO RIBMTS UPON TItE CERT1FICATIii: HOLDER 01rHER THAN 'rH08E P~OVIDED IN THE POUCY. THIS CERTIFICATE DOes NOT AMEND. iXT6ND OR ALTeR THE COVE~.t.01 APFQRoeD IY THE PQUCI!! DESCRiBeD HEREIN. COMPANIES AFFORDING COVERAGE , PRODU(,!R :"'.- MAASH USA INC. . 120 EAST BALTIMORE STREET SUITE 1900 BALTIMORE, MD 21202 'Altn: (410)347.3600 14069-A11.+Prop- TIBUR COMPANY A ZURICH AMERICAN INSURANCE COMPANY co,...ANY B AMERICAN ZURICH INSURANCE COMPANY IN.sURED A ~aooo-llt.,).o TIBURON, INC. .d é' TIBURON JUSTICE SYSTEM, INC. 4- - ;2.003 - 07-> 39360 CIVIC DRIVE ... .... "^ '1 /10/ SUITE 260 IT - "'""^' v - -, FREMONT, CA 94638 -+- f).{JO/ - .;;:>.{¡¡ ( CO""ANY C N/A COMPANY D N/A :/I~V~~:/. .~" .. ""...:- ~~u.:'" .!Jij.'I:!iIØ,~'f!!r.II1~.pOI!Cyi1arlqd!!q!IKI~, ~.__:.1.~... THIS IS TO CERTFV THAT POUCIBS OF INSUIWtCI DE8CRJBm ~N HAY! øeEN IS!lUIW TO THE INSURED NAMEþ H~EIN FOA THE PO~ICY PERIOD 1ND8CA.'ÆD. NOTWmiSTANDlNG,.toN R!OU1R&MINT. TERU OR CONDr'l'lON OF AN'( CONlRACT OR O1HER DOCUMENT WI'I'H RlSPECT TO ~ICH THe CERTIFlCATE",,'y BE ISSUED O~ MAY PERtAIN, THE IN8UFWfC! AFplOIItD8D IV 114& POUCE8 OI!aCRIBID N&R&IN 19 8l1BJECT TO A\.L. THE TEAMS. CONDIilONS AND EXCLuSIONS OF SUCH POLICIES. AGCREGATE UMITS eHQWtt tMV HAVI! 8ÈIN RIDI,JCZ DV PAID ~ CO TYPE OF INSURANCI POUCY NUMIER POLICY ¡FF£C11VI POLICy EXPIRAnoN UIIITS LTR DATIi IMIWDNY) DATE IU,..IDDIYV) GeNERAL LlAØ!UTY G NERALAGGREGA11i S 2,000,000 A X COMM&""",LGEH&AALl~ GL034ð6405 04101104 04101/05 PRODUCTS. COMPlOp AGG $ 1,000,000 ~\', ClAIMS MADE ŒJ OCCIJR PERSONAL" ArN INJURY $ 1,000,000 OWNER'S II COHTAACTOR'S PROT IiACH OCCUMENCë S 1,000,000 X FIRE DAhlAC& ~ Cl'll1Ire $ 500,000 MEDexp $ 5,000 AUTOMOBILE UABlUTY $ 2,000,000 COMBINED SINGLE; LIMIT A X INtAUTO BAP3466404 (AOS) 04101104 04/01/05 A ALL OWNiD AUTOS BAP3485421 (VA) 04101104 04101105 eoOll Y INJURY $ E SCHEDuL&DAUTOS 236YOO021 (S1MILxS1MIL) (AOS) 04101104 04/01105 ¡Per.......) HIRED AUTOS 235Y00084 (S1MILx$1MIL) (VA) 04/01104 04101105 BODILY INJURY (Per iI;ddlnl) $ NON-OWttED AUTOS Pl\OpiRl'V QÞJMG! S GARAGIIJASIUTY AUTO ONL V. EAACCIDetlT $ - AUTO ~{{I5 OTHiR TMAN Avro V, A I S "'''''''''TE $ ¡XC S lWIIUTV EACH OCCURAENŒ S UU~LAFOoM AGGREGATE S ~ THAN UMBR!L1.AFORM S W MP AH ~ ~~" ' EMPLOYeRS' LIA8IUfY B WC3498403 (AN Other Stahll) 04101104 04/01/05 EL!ACH ACCIDM S 500,000 A THe PROPRIETOR! X .Nt:!. WC3488409 (MA Only) 04/01104 04101/05 EL Dt$&ASEoPOUCY UMIT $ -.-500 000 PAR1I<e_ECI1TIVE Of'PICiRS -, ELOIS!IJo8E.eACH~ $ 500.000 OESC I nON OF OPERA IONSILOCA TIONSNEtØelDlSfllClAL ITEMS CER'1' . ' 1.TI!IiOI:DIR'-'" , " .. , . . ,,, . . "'~.., \I' ':".. ~', " . ' "',' , .M"''', ~~;'I>¡w,~..,)!:~ql ,.., ,i;), . "}'J: . '.'---"',"t'-"." ,~~t', ~".: ~,.- . ',.' SttCM.D Nf't OF'n1I: ~.s øE&CNBED HERliI" .. CNØLU!D 8EfOM 'nftI EXPIRATIOrf Df.'Æ THIRIC', THII: ....... AfflIRDtHcJ ~ MI.L EHDEA.VOR TO IoWL ---an o..-vs WRI'T"T1;fII NOftCI 1'0 THI CllnFfCATIi HQLQIIII: IW.sÐ HÐŒIN. wr "ALURE TO MAL euQi..oTlCl! aHALl...PO&i NO ~TION OR IJA8lJT'ttJlrNf'f ICIfOI./PON THIIN£URERAFFQIII)INGtMRAB&.1T1 M;Itm OR IUiIlRfSINTATMI. OR-n. IAUER OIl "* CØ1'I'tCATE. 1M USA 1Ne. , TImothy M. Sasler .-.. ..., . -~. ....U!iiiliir" .~- ':,,,-,' . .. ~'r;,:...' :,~~', ~!¡I:' ~ ~~/0- .~_.. - . - - VA.i,iR,,,,iÓF(Ó3l3ÚÕ4 - '" SANTA ANA POLICE DEPARTMENT 50 CIVIC CENTER PLAZA SANTA ANA. CA 95110 ,"'I \ ',. ~ 'd m\>'ON 3~¡jjO l~OddnS lVNO¡Ð3~ NO~nB¡l ~WWL \>oo~'~ 'Nnr ¡»ï '" " '. .~ l','.I.J. '. ~ t': " '" ....- ..-"m," DA'tEIUMIODifr} .." ":. ~~49911.Ð2 03/31/04 COMPANIES AFFORDING COVERAQE .~~~.Iï:JQ~j~9)~'~A TIQ~:~~~'"'" "".,_.. .--. .,. '.-' . PRODt.lpER MARSf'f USA INC, 120 EAST BALTIMORE STREET .SUITE 1900 BALTIMORE, MD 21202 AItn: (410)347-3600 COMPANY E ST, PAUL INSURANCE COMPANY r COMPANY F 71406g.AI~+Prop- INSURED TIBUR COMPANY TIBURON, INC, TlBURON JUSTICE SYSTEM, INC, 39350 CIVIC DRIVE SUITE 280 FREMONT, CA 94638 G COMPANY H 1t~,.&fAi~'\\1J\:Jw6\f..'..,~i':~~ ~ ."'_oI~"'l'..I,~'''r'A"I,."..,¡.' - . - ¡¡:~:.":"~ '$.\ ¡J:t'. . H~:'~/;:ð,~ r--. , ¥.~-:':', ,. W.¡ SANTA ANA pOllëE DEPARTMENT --' 60 CIVIC CENTER PLAZA SANTA ANA, CA 96110 '",I:,'!:, ~~'i:';~:~~~~~I~ ' ."--'" ,,:'':7'' ~...,.... .-,...'..-- .. \: ,n' ~~. ;;: 'f.~jr~-,:-'",~: ').. ,-,:~.:" ¡,: '" IIAR$H U5AINC:.IY Timolhy M, Sasser ~ ~~ ~...L.-- .'. ~ ... :T'ì'T'~.~'¡;',~'~\Gl"~'.:" r...~'--~~ " ',", ~., ',,'~ ", ,} T, ,:~. ,',','!y'¡1' \. ' "',.:,: .~.~I. , ' E 'd mv'ON JJIJJO l~OddnS lVNOI8J~ NO~n8Il ~W9l: L VOO¡¡ 'Nnr