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Home My WebLink AboutTIBURON (FORMERLY COMPUDYNE - PUBLIC SAFETY & JUSTICE INC. - COMP SUPPORT 5TH AMEND) 1a-2006 ir'i:-ij;,{ r A-2006-218 '''-/~I-07 ""'."-'~- ~~..~.",~~..,-",_.,," ... FIFTH AMENDMENT TO AGREEMENT FOR PROVISION OF COMPUTER SUPPORT SERVICES iF [1 ~ r-of.t;, () :Ph L.J.) r:-,' stJtL- THIS FIFTH AMENDMENT, made and entered into this 2151 day of August, 2006, 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 Compudyne Public Safety, Inc. formally Tiberon Inc. ("Consultant"). RE.GIIAL.s A. The City and the Consultant entered Agreement A-2000-162, dated August 8, 2000, hereinafter referred to as "said Agreement", by which Consultant has provided computer support services for the City's dispatch, message switch and corrections management system and equipment. B. Parties have subsequently amended said Agreement to provide continuous uninterrupted services under the terms of said Agreement. C. The parties hereto now desire to again amend the Term and Compensation provisions of said Agreement in order to provide continuous uninterrupted services under the terms of said Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all ofthe terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: I. Section 1 of said Agreement, "Period of Performance", is hereby amended to extend the performance period through September 30,2007, as set forth in Exhibit A, attached hereto. 2. Section 4 of said Agreement, "Payment", is hereby amended to provide the City will pay total compensation under which shall not exceed $45,000.00, as set forth in Exhibit A, during the term from September 2, 2006 through September 31, 2007. 3. Except as hereinabove modified, the terms and conditions of said Agreement and all Exhibits thereto remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the date and year first above written. CITY OF SANTA ANA ~ TJES-~: J~ PATRICIA E. HEALY Clerk of the Council (};..iI.. It .:.J+-'.""" J- ~~',\~""'~ DAVIDN. RE~ \ ~ City Manager APPROVED AS TO FORM: f'~~~~R City Attorney COMPUDYNE PUBLIC SAFETY, INC. t:57R- (1'(AME) Kf"N {;I- fvlf~~ (Title) SVf f.ftJ~NCt.f AOIl-lIr..!,"")rMtrDtJ co e,' o-r~ EXHIBIT A TO THE AGREEMENT FOR EXTENDED SERVICES SOFTWARE SUPPORT AND MAINTENANCE FEES CLIENT Santa Ana Police Department PO Box 1981 Santa Ana, CA 92702 CONTACT - Bob Faster CLIENT # U766-06 Support and Maintenance provided to the CLIENT listed above shall be pursuant to the terms and conditions of the 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. CompuDyne 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. CompuDyne - Public Safety & Justice, Inc. reserves the right to charge an administrative fee of 10% of the annual maintenance fees for semi-annual or quarterly invoices. Software Model CMS Months 12 CPU Make Start 10/1/06 End 9/30/07 Total Fees $ 42,645.00 Total $ 42,645.00 Failure to pay when due the annual maintenance fee, any adjustment thereto, any invoice or any other amounts owing under the Agreement shall constitute a default under the Agreement and could result in the termination of support services under the Agreement, additional administrative charges for reinstating lapsed support services, as well as collection fees (including reasonable attorneys' fees and expenses). Santa Ana PO Ex A 2006 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 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 CompuDyne - Public Safety & Justice, Inc. ("CompuDyne") 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 "24/1" Service Option is selected. In all cases, call-out charges will apply as described below. The following is paraphrased from the recently adopted Bylaws. Voting membership in the CompuDyne User Group, as set forth herein, is included in the Basic Service. The quantity of voting members is based on the number of CompuDyne 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 CompuDyne User Group Conference is held annually at a location to be determined. "24/7" SERVICE OPTION $7,000 per year/per system (initial) Products not normally covered by 24-hour support may optionally be supported with 24-hour coverage (including TIBURON holidays). Applicable call-out charges continue to apply. If this option is not in force, technical support requests outside of covered hours are charged at technical service rates as defined below. NEW PRODUCTS Additional TIBURON software systems, subsystems and TIBURON provided third-party products, such as hardware, and networking software may be acquired under this Agreement. TIBURON installation, special tailoring, license fees and third-party peripherals required shall be charged at the then current Technical Services Rate or as quoted by TIBURON or the third party. Santa Ana PD Ex B 2006 Page 1 of 2 c. 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 "24/1" Service Option as described previously. 2. Materials. Travel and Per Diem Expenses When applicable, all special materials, plus travel and per diem expenses shall be charged to CLIENT at cost. 3. Call-Out Charqes Systems not covered under 24/7 support, call-outs will be billed at $250 per call. After the first hour, the rate is $250 per hour with a two-hour minimum. If CLIENT's systems are covered under the 24/7 support, the off-hour call-out fee is $50. 4. Remote Access All charges in this Agreement are predicated on CLIENT providing the required hardware, software, and operating environment for dial-in service. If CLIENT does not provide this support for dial-in service, the following additional charge will apply: $500 per month per system supported In addition, travel and per diem expenses for on-site support required due to lack of remote access will be charged as defined in Exhibit B, page 2, item 2. Santa Ana PD Ex B 2006 Page 2 of 2