Loading...
HomeMy WebLinkAbout25C - AGMT - COMPUTER AIDED DISPATCHREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE. NOVEMBER 17, 2015 TITLE: AGREEMENT WITH TIBURON, INC, FOR COMPUTER AIDED DISPATCH SYSTEM MAINTENANCE {STRATEGIC PLAN NO. 11 3A) CITY MAN ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: rAYNr* •t ❑ As Recommended ❑ As Amended ❑ Ordinanuo on 1" Reeding ❑ Ordinance an 2" Reading ❑ Implementing Resolution ❑ Sat Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a one -year agreement with Tiburon, Inc, for the period of December 1, 2015 to November 30, 2016 to provide software maintenance and support services In an amount not to exceed $44,159, subject to non- substantive changes by the City Manager and City Attorney. s w The Santa Ana Police Department utilizes a computer aided dispatch (CAD) system called IQ /CAC) to manage field activity including calls for police service and activity of field personnel. This mission critical system connects the community's needs for police services with City resources. It Is also vital In protecting the safety of pollee personnel. Due to the essential nature of this system, the City contracts with Tiburon, Inc, to maintain and support this system as needed on a 24/7 'basis. Tiburon owns the licenses for this software and Is the only company able to support this system. The current contract for maintenance expires November 30, 2015. This agreement in the amount of $44,159 will continue that maintenance for the period of December 1, 2015 through November 30, 2016. Staff recommends continuing this maintenance in order to ensure the ongoing operation of the IQ /CAD computer aided dispatch system. This maintenance agreement will be eliminated once the Police Department integrated software system is implemented. 25C -1 Amendment to Agreement with Tiburon, Inc. November 17, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of these items assists the City in meeting Goal #1 Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy A (Continuously evaluate and assess fiscal aspect of service delivery to ensure that the Police Department provides programs and services efficiently and effectively.) FISCAL IMPACT Funds for this agreement are available in the Police Department's Criminal Activities — Treasury account (no. 02614455 62300). Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25C -2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 17th day of November, 2015 by and between Tiburon, Inc., a Virginia corporation with its principle place of business at 30000 Executive Parkway, Suite 500, San Ramon, California, 94583 (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 umdertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant tinder 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 Haider this Agreement shall not exceed $ 44,159.00 during the tern of this Agreement. TERM This Agreement shall commence on the date first written above and terminate on November 30, 2016, unless terminated earlier in accordance with Section 12, below. 25C -3 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 [ban 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. 25C -4 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 refuses to furnish 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 1 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 from this Agreement, The Consultant further agrees to indemnify, hold harmless, and pay all costs for die 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. 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 infonnation 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 25C -5 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 mam2er 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 telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: 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 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 Daran 25C -6 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. 3000 Executive Parkway #500 San Ramon, CA 94583 Telephone: (514) 345 -2230 x2830 Attn: Tatsiana Lukashevich, Representative Tatsiana ,Lukashevich @tiburonine.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, duty registered or certified, with postage prepaid, and addressed as set forth above, If sent by telefacsimile, 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 terms 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, hansfer, 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, 25C -7 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 may be 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 executed 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 her cunder 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, authority and right to bind their respective parties to each of the terms 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. 25C -8 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: MARIA D. HUIZAR Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney ByjGW+ la) LAURA A. ROSSINI Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: CARLOSROJAS Chief of Police CITY OF SANTA ANA DAVID CAVAZOS City Manager TIBURON, INC. TATSIANA LUKASHEVICH Representative 7 25C -9 EXHIBIT A SCOPE OF SERVICES 25C -10 City of Santa Ana, CA 20- Aug -15 25C -11 Annual Maintenance for 11 licenses of ICS /CAD, CAD Visor; I State Interface, 1 XML output for CAD to Police RMS and 100 licenses of IQ/Mobile only. Annual Maintenance: 12 /1/2015 - 11/30/2016 $44,159 Total 4475—Y- ... The prices indicated above do not include installation and /or configuration of 3rd party software and /or hardware'" ** *Tiburon requires remote V ➢N access to the customer site (minimum 1Mbps) * ** The Infonmatlon contained In this doosment Is proprietary to Tiburon and Is off ed solely for the purpose of oval nation. Copyright 2015 Tiburon CONFIDENTIAL 0150032 - City of Santa Ana, CA Maintenance reneveal alsx • Summery 2512 Page 2 of 4 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 Inerninllon contained In this accumont is proprietary to Tlburon and Is offered solely far Use porpoae of evaluation. Copyright 2516 TI buron CONFIDENTIAL 0150052. City of Santa Ana, CA Maintenance renewal.asx Nolas 25C -13 Page 3 of 4 Re���i�i� �r��t�►ry r, � ` � ' ` , r f, kp r y< , n e t ' r Revision level: Reason foM Revision date Revised Original August 20, 2015 The Information contained In this document Is proprietary to Tiburon and Is offered solelyfor the purpose of evaluation. Copyright 2015 Tiburon OONFIOENTIAL Page 4 of 4 4750032 - City of Santa Ana, CA Maintenance renev alellax Revision History 25C -14 �e r MEMO 3 i A TrlTech Software Systems Company Warranty & Maintenance Support - Guidelines & Options Version 8.1 July 1, 2015 Tiburon, Inc. A TrlTech Software Systems Company 3000 Executive Parkway Suite 500 San Ramon, CA 94583 (925) 621.2700 25C -15 Warranty & Maintenance Support Version 8.1 Guidelines & Options Table of Contents 1. INTRODUCTION .................................................................................................................. ..............................3 2, DEFINITIONS, .............................. ................................. ........ _ ....... .................................................................. 4 2.1 ACCOUNT EXECUTIVE ................................................................................................... ..............................4 2.2 AUTHORIZED CLIENT REPRESENTATIVE ......................................................................... ..............................4 2.3 CLI ENT ........................................................................................................................... ..............................4 2.4 CLIENT SUPPORT CENTER (CSC) .................................................................................... ..............................4 2.4.1 CSC Engineer ............................................................................................................ ..............................4 24,2 Client Liaison ............................................................................................................. ..............................4 2.43 Director- Client Service & Support .......................................................................... ..............................5 2.4.4 Helpdesle Specialist ............ - ..................................................................................... ..............................5 2.5 DEPLOYMENTTEAM ...... ............ ............ ..... . .... . ................. ..... ..... ..... ...... ..- ............ ...... .. ..... ....... . ............ ...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 PROJECT MANAGER ......................................................................................................... ..............................6 2.12 STATEMENT OF WORK (SOW). . ............ .................. .................................................................................... 6 2.13 SYSTEM ASSURANCE REVIEW( SAR) ............................................................................ ..............................6 2.14 TECHNICAL SUPPORT COORDINATOR ........................................................................... ..............................6 2.15 TIBURON SERVICE REQUEST (rSR) .................................................................................. ..............................6 2.16 WARRANTY/ MAINTENANCE SUPPORT ............................................................................ ..............................7 3. 'TRANSITION FROM PROJECT (OPERATIONS) TO SUPPORT ( CSC) .......................... ..............................8 4, WORICING WITH THE SUPPORT CENTER ( CSC) ........................................................... ..............................9 4.1 SUEMIT INGATSR ....................................................................................................... ..............................9 4.2 " 24x7" SUPPORT ............................................................................................................. ..............................9 43 TSRPRIORI TIES ............................................................................................................. .............................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 ATSR ....................................................................................................... .......... .................... 21 4.5 EMERGENCY AFTER HOURS ASSISTANCE .................................................................... ............................... 21 4.6 CLIENT RESPONSIBILIT IES ............................................................................................ ............................. 21 4.7 SERVICE REQUEST LIFECYCLE ....................................................................................... .............................22 4.7.1 TSR Status .............................................................................................................. .............................23 4.7.2 Case Escalation ........................................................................................................ .............................24 4.73 Case Closure ............................................................................................................ .............................24 5. THIRD PARTY PRODUCT SUPPORT ............................................................................. .............................25 6. OTHER SERVICES .............................................................................................................. .............................26 6.1 SOFTWARE UPDATE SERVICES .......................................................... ..... .... ................ ., ,. ... . ... ..., ........ . .... ...26 6.2 PRODUCT MODIFICATION REQUESTS ............................................................................ ............................. 26 63 STEERING COMMITTEE ISSUES .................................................................................... ............................... 27 6.4 PRODUCT SPECIALISTAND TRAINING REQUEST S ........................................................... ............................. 27 6.5 DBA AND SYSTEM ADMINISTRATION SUPPORT SERVICES .......................................... ............................... 27 6.5.1 Level 1 Database Administration ( DBA) Support .................................................... .............................27 6.5.2 Level 1 System Administration Support ................................................................... .............................27 Tiburon, Inc. July 1, 2015 A TrlTech Software Systems Company 25C -16 Page i Warranty & Maintenance Support Version 8.1 Guidelines & Options 7. EXCLUSIONS TO TECI-INICAL 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 BASF, (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 25C -17 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. Tiburon, Jne. July 1, 2015 Page 3 A TriTech Software Systems Company 25C -18 Warranty & Maintenance Support Version 8,1 Guidelines & Options 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 nanied 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 connected 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 Tiburon, Inc. July 1, 2015 Page 4 A TriTech Software Systems Company 25C -19 Warranty & Maintenance Support Version 8.1 Guidelines & Options 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 acrd 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 slrall notify the Client in writing of the changes witlin 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 support @tiburonine.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 DEPLOYMENT TEAM Tiburon's Deployment 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 or Enhancement 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 terns, 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 P1 — 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 Tiburon, Inc. July 1, 2015 Page 5 A TriTech Software Systems Company 25C -20 Warranty & Maintenance Support Version 8.1 Guidelines & Options 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, or a 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 Systern 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) roust have the authority to confirm closure on a TSR. 215 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. Tiburon, Inc. July 1, 2015 Page 6 A TriTech Software Systems Company 25C -21 Warranty & Maintenance Support Version 8.1 Guidelines & Options 2.16 WARRANTY/ MAINTENANCE SUPPORT When a Project is completed as deemed in the Statement of Work, Cho 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), Tiburon, Inc. July 1, 2015 A TriTech Software Systems Company 25C -22 Page 7 Warranty & Maintenance Support Version 8.1 Guidelines & Options 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, Deployment, 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, Deployment, 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. Tiburon, Inc. July 1, 2015 Page 8 A TriTech Software Systems Company 25C -23 Warranty & Maintenance Support Version 8.1 Guidelines & Opticns 4. WORKING WITH THE SUPPORT CENTER CCSC) 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. Tiburon, Inc. July 1, 2015 A TriTech Software Systems Company 25C -24 Page 9 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 TrnE, SLAB Priority - Issue Definition - Response Time Priority 1- 24x7 Support for live operations an the Normal Customer Service Hours (8:00 am - Critical Priority production system: A system down event 5:30 pm in the customer's time zone): which severely impacts the ability of Users to Telephone calls to 877.445.2110 will be dispatch emergency units, This is defined as immediately answered and assigned to the the following:, designated representative within 10 minutes or receipt of call. • CAD, Mobile, State Interface or critical CAD Interfaces are down as further defined in After Normal Customer Service Hours: Thirty the Special Note ##1 below, (30) minute callback after Customer telephone • Critical servers inoperative, as listed in contact to 877.445.2110. Special Note 41. • Complete interruption of call taking Priority 1 issues must be called in via and /or dispatch operations. 877.445,2110 in order to receive this level of • Loss of transactional data & transactional response. 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 #Z, below. Priority 2- 24x7 Support for live operations on the Normal Customer Service Hours (8:00 am - Urgent Priority production system: A serious Software Error 5:30 pm in the customer's time zone): with no workaround, not meeting the criteria Telephone calls to 877.445.2110 will be of a Critical Priority, but which severely answered and assigned to the designated impacts the ability of Users to enter incoming representative within 30 minutes of receipt of calls for service and /or dispatch emergency call. units, Such errors will be consistent and reproducible. After Normal Customer Service Hours: Sixty (60) minute callback after customer telephone A significant number of the CAD or Mobile contact to 877,445.2110, workstations are negatively impacted by this error (e.g., does not apply to a minimal set of Priority 2 issues must be called in via CAI) or Mobile workstations). These Software 877.445.2110 in order to receive this level of Errors are defined in more detail in Special response. Note 02, below. Tiburon, Inc. July 1, 2015 Page 10 A TriTech Software Systems Company 25C -25 Warranty & Maintenance Support Version 8.1 Guidelines & Options Priority 3 - High Priority Priority 4 - Medium Priority Priority 5 - Low Priority Issue Definition - -. Normal Customer Service flours 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. A significant number of CAD or Mobile workstations are negatively Impacted by this error (e.g., does not apply to a minimal set of workstations), Normal Customer Service Hours Support: A Software Error related to a user function which does nut negatively Impact the User from entering incoming calls for service and /or dispatch emergency units, of 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. Tiburon, Inc. July 1, 2015 A TriTech Software Systems Company 25C -26 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 cusromerservice @trttechcjjjn 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 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 sus Qaarservice@ trltech.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 c stem rs wise @tritecheDul 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 Page 11 Warranty & Maintenance Support Version 8.1 Guidelines & Ciptiom 4.3.1.2 RESOLUTION TIME SLAB Priprpty.. .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 notificatloo. 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 wfll 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. Tiburon, Inc. July 1, 2015 Page 12 A TriTech Software Systems Company 25C -27 Warranty & Maintenance Support Version 8.1 Guidelines & Options 43.1.3 SPEciAL NOTE # 1 Priority f - Critical Priority issues meeting the previously noted criteria are defined as follows: 43.1.3.1 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). Tiburon, hic. July 1, 2015 Page 13 A TriTech Software Systems Company 25C -28 Warranty & Maintenance Support Version 8.1 Guidelines & Options 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 trait 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 f tilover, 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 flee 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 restoring is down. Tiburon, Inc. July 1, 2015 Page 14 A TriTech Software Systems Company 25C -29 Warranty & Maintenance Support Version 8.1 - Guidelines & Options 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 unit assignment. f. An ANI /ALI 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, Tiburon, Inc. July 1, 2015 Page 15 A TriTech Software Systems Company 25C -30 Warranty & Maintenance Support Version 8.1 Guidelines & Options 4.3.2 ALL RECORDS, FIELD BASED REPORTING, JAIL RECORDS, FIRE RECORDS, WEB QUERY 4.3.2.1 RESPONSE Timm, SLAB rarunry issue oemm11on . Priority l- 24x7 Support for live operations on the Critical Priority 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: Priority 2 - Urgent Priority • 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. Tiburon, Sno. July 1, 2015 A TriTech Software Systems Company 25C -31 Normal Customer Service Flours L8= 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 /ail Records systems default to 24 x 7 support forPriority i issues. After Normal Customer Service Hours: Unless optional 24.x7 support Is contracted, support for Records, Field Based Reporting and Fire Records Is not managed after Normal 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 877.445.217.0. 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 Narmal Customer Service Hours. Page 16 Warranty & Maintenance Support Version 8.1 Guidelines & Options Priority - Issue. Definition . Priority 3 High Priority Priority 4 - Medium Priority Priority 5 - 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 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 do' as not causing an error classified as a PI 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. Tiburon, Inc. July 1, 2015 A TriTeeh Software Systems Company 25C -32 Normal Customer Service Hours (8:00 am - 5:30 pin in the customer's time zone): Telephone calls to 877.445.2110 will he 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 customerserviCgo) tritech,cirm 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 (H;Qu 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 cuS.T.R- Werscrvice r+tritech corn 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 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 team within 30 minutes of receipt of the initial phone call. Low Priority issues may also be reported via customerservice@tritecli 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 Page 17 Warranty & Maintenance Support Version 81 Guidelines & Options 4.3.2.2 RESOLUTION TIME SLAS . _ 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 tlme£rame 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. Tiburon, Inc. July 1, 2015 Page 18 A TriTeeh Software Systems Company 25C -33 Warranty & Maintenance Support Version 8.1 Guidelines & Options 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, .Tail 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. lc. All Web Query users getting `Invalid response from GETO', `Not Connect to Server', `Unable to read data from transport connection.' Tiburon, Inc, July 1, 2015 Page 19 A TriTech Software Systems Company 25C -34 Warranty & Maintenance Support Version 81 Guidelines & Options 4.3.2.4 SPECIAL No ft #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 enviromnent 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 (Le— another user or workstation is available). Tiburon, Inc. July 1, 2015 Page 20 A TriTeeh Software Systems Company 25C -35 Warranty & Maintenance Support Version 8.1 Guidelines & Options 4.4 REPORTING A TSR The preferred method of contact for CSC for Client issues is outlined in the table below: Is�uo1+ d,� ]Preferred; ,t �• „� "' "r as,ut� ,�Hqursrs .,` .�s� Methot��'uo1 ,+ o 'tins Ws;,�,?x 24 hours a CSC Telephone: 877.445.2110 Must contact Priority 1& day, 7 days a Priority 2 week, 365 the CSC via Backup Phones: days a year telephone 925.621.2720 510.579.4609 510.579.1714 Submit a case If for any reason Clients cannot reach us on the toll free via telephone, number, Clients can reach us on our backup phones. Priority 3 8 am -5 pm in email, or the Please call the alternate number(s) in the order listed. tbru the Client's third party Self Priority 5 time zone Service Email; ustomerServicc@nitech.eom application provided. Self Service Access: kI,ud csctritech _cocgm$1B-Q/HeatWebul /hs II— aS,jap 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 "240" 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. 'ne Client Representative must approve this out of scope effort before work will resume. The call out fce 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 Tiburon, Inc. July 1, 2015 Page 21 A TriToch Software Systems Company 25C -36 Warranty & Maintenance Support Version 8,1 Guidelines & Options • 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. Tiburon, Inc. July 1, 2015 Page 22 A TriTech Software Systems Company 25C -37 Warranty & Maintenance Support Version 8.1 Guidelines & Options 4.7.1 TSR STATUS As a TSR moves tlirough 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 coming 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 assi orient, 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 supportiLig 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 ONHOLD statusfor,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,fixes do not remain in the Client's system for an unreasonahle period of tlrrae. It is impossible to manage clean code lines with potentialftyes 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 sn rting information and screen shots ff applicable. 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 A TriTech Software Systems Company 25C -38 Page 23 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. ff after 30 calendar days there has been no communication front 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 25C -39 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 under, 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 25C -40 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 fimctionality, 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 TriTech Software Systems Company 25C -41 Warranty & Maintenance Support Version 8.1 Guidelines & Options 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 FIOLD 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 l DBA Support do not include preventive monitoring of the Client's databases. The Cl'ient'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 1 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 25C -42 Warranty & Maintenance Support Version 8.1 Guidelines & Options i. 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 put-poses 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. (t) 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 die System. O 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 25C -43 Warranty & Maintenance Support Version 8.1 Guidelines & Options 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. —+ a ;;DafabaseiSeevIces , iiveI1 Aevel ` %- Leve13, Setup application databases ✓ ✓ ✓ Set up database backu to disk ✓ ✓ ✓ Expand database disks ace allocations as needed ✓ ✓ ✓ Support for Database Issues on Tiburon Applications Business Da Sx5) 24x7 240 Maintain Database Backup Scripts ✓ ✓ 24x7 Support for Database Issues on Tiburon Applications ✓ ✓ Disaster Recovery Planning and Set -U ✓ ✓ Perform Database Recovery Procedures ✓ ✓ Monthly Re ort ✓ ✓ Maintain database system accounts and passwords Maintain ✓ — 3 su ortlogin access _ ✓ ✓ Twice Monthly Database Health Check & Maintenance ✓ ✓ Database Upgrade Support ✓ ✓ Monitoring of Bacjai2 Los Monthly 2x Monthly Examination of Backup Tapes Monthly 2x Monthly Database Health Check & Maintenance 11 2x Monthly Database Tuning & Performance Monitoring Monthly 2x Monthly Rebuild Indexes Annually 2x Annually Recovery Dry Run I Annually 2x Annually Tiburon, Inc. July 1, 2015 Page A TriTech Software Systems Company 25C -44 Warranty & Maintenance Support Version 8.1 Guidelines & Options Tiburon, Inc. JLLIY 1, 2015 Page 30 A TfiTech Softwaro Systems Company 25C-45 Backup Planning Consultation and Scripts (UNIX only) Set-Up of Backup Scripts (UNIX only) High-Availability Cluster Application Restart Expansion of File system Disks ace Allocations Application of Operating System Patches for Tiburon Applications Remote Monitoring for System Health Business I Day (80) 240 Support Perform Application Backup Activities Business Day (W) 24x7 Support Operating Systems, Hardware and Networking Assistance Business Da 8x5 240 Support Remote System Administration 247 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 I ort Monthly Tiburon, Inc. JLLIY 1, 2015 Page 30 A TfiTech Softwaro Systems Company 25C-45 Warranty & Maintenance Support Version 8,1 Guidelines & Options 9. ADDITIONAL 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 aril 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 TriTech Software Systems Company 25C -46 Warranty & Maintenance Support Version 8,1 Guidelines & Options 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 enhancements. As a result of these discussions, the Product Steering Committees determine which changes will be applied to the next product version. Product Steering Committee information is accessible via the password protected area of Tiburon's website. Posted information includes annual Product Steering Committee Enhancement lists, as well as Product Steering Committee issues submitted by Clients for discussion at the next annual Product Steering Committee meeting. Tiburon, Inc. 7uty 1, 2015 Page 32 A TiiTech Software Systems Company 25C -47 25C -48