Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Tiburon Fire RECORDS Records Mgmt System RMS
Dem v REPORT TO THE CITYCOUNCIL EIPTA RANDY R. BRUEGMAN, Fire Chief Fire Department AGENDA ITEM NO. /K COUNCIL MEETING12-161 DEPARnaENT Qsai I/1y�� cm wV AaER ADOPT A RESOLUTION AUTHORIZING THE PURCHASE OF TIBURON FIRERECORDS SOFTWARE AND SUBSYSTEMS TO UPGRADE AN EXISTING SYSTEM WITHOUT ADVERTISED COMPETITIVE BIDDING ESULT AREA: 0209003000. 0001005000, and 0601003000 Safety. External Customer Service, and Employee Satisfaction YrzmMMt clN Corel Staff recommends Council adopt the attached resolution authorizing the purchase of Tiburon EneRECOf (Records Management System IRMS1) and related subsystems and waive the competitive bidding process. EXECUTIVE SUMMARY Proximately 13 years (1986 through 1999), the Fresno Fire Department (FFD) u0lized a computer I designed by Tiburon for records management With the approach of the year 2000 and the vendor iment to purchase new Window -based computer equlpment and the associated costs to become Y2K ant, the former Fire administration rated to discontinue use of the lull Tiburon system and moved N r vendor, Data 911. As Data 911 was not meeting its eontrectual obligations, the department terminated services and contracted with Emergency Reporting. Inc., In October 2000, to develop a records cement system to FFD specifications. However, this system is simply not robust enough to handle the and complexity of data that must be maintained and analyzed, and as such, the department will not be ng this agreement. The department still maintains data on the prior Tiburon system and continued to several individual modules to process equipment maintenance requests and hydrant data through y 2096. The department is requesting to waive the competitive bidding process and upgrade the prior n system, which had been used by the department for 13 years. KEY OBJECTIVE BALANCE This proposal provides gains in all three key objective areas'. Customer and Employee Satisfaction will b r enhanced as the department will be able to maintain, mmeve, analyze, and report incident data in a more accurate, timely, and cost-effective manner This will help to ensure the department is able to provide credible analyses and reporting of response time. training, and equipment needs to aid In fire and rescue operations as well as fire inspection and investigation data to assist personnel in their fire prevention efforts. The benefits from a financial standpoint will be the City, as a previous long-term customer, has the opportunity to implement a new records management system at a substantially reduced once. This allows the City to maximize the use of funding while implementing a proven records management system. An upgrade will expedite the implementation and facilitate the extraction of histomal data for reporting purposes_ In addition, the upgraded RMS will allow the department to maximize as victua al education reimbursement funding. CITY COUNCIL RESOLUTION AUTHORIZING THE PURCHASE OF tERECORDS SOFTWARE AND SUBSYSTEMS WITHOUT COMPETITIVE BIDDING 2008 Records management systems are utilized in the fire Industry to report fire Incide0t data to both Me federal and theta governments in their respective required formats. This data is gathered to help with fire prevention planning, funding, and resource allocation and reporting to Me National Fire Incident Reporting System (NFIRS) is a requirement to be eligible for federal -grant funding. In addition, an RMS system should interface with the Computer -Aided Dispatch (CAD) system, provide personnel management information such as hiring, promotion, training and certification history, fire inspection and investigation data, asset and equipment maintenance management and history, fire hydrant management, fire permits and preplan data, and fire station daybook detail for time and activity tracking. All of this information should be maintained In a database, which is easily accessible for data entry, ad-hoc reporting, and analysis purposes. Accurate data reflecting all facets of fire suppression, training, maintenance, and edministretive operations Is an integral factor in determining the departments ISO rating and in Me Commission on Fire Accreditation International'. accredrobon process. Another critical need for accurate compilation, extraction, and analysis capabilities is data from the RMS Is used to determine whether the department is meeting National Fire Protection Agency (NFPA 1110( four- and eight -minute response standards. Meeting these core standards lead to development of the Standard of Cover and Strategic Plan documents and serves as Me basis far department operations. Maintaining accurate training records will ensure reporting to the California Joint Apprenticeship Committee) contnues to produce revenue for the department. in 2001. JAC reporting generated approximately $200,000.1 Proper reporting of training records has Me potential of general In excess of $250,000 for FY 2009. From approximately 1986 through 1999, FFD utilized a computer system designed by Tiburon for records management. With the approach of the year 2000 and the vendor requirement to purchase new Wini based computer equipment and the associated costs to become Y2K compliant, the former Fire administration opted to discontinue use of Me full Tiburon system. Around that time, the Police Department was imptementing Data 911, and the department piggybacked onto that contract so More would be consistency in the CAD system, mobile data terminals, etc. The contact was entered into in April 1999 and was supposed tq be a turnkey contract with a price of $196,922.10. Less than Iwo years after entering into the contact, K became apparent Data 911 was not meeting its contract requirements for the Fire implementation asst had not provided a turnkey system, and department staff recommended terminating the contract. National Fire Reporting Standards (NFIRS) deadlines were approaching, and at Mat time, Data 911 was not an NFIRS qualified reporting entity. In July 2003, the Information Service Department (ISO), at Me request of the Fire Department, began an exhaustive analysis of the IT needs for FFD. The results of this needs analysis conducted in 2003 indicated a system to meet Me needs of FFD would have cost in excess of $200A00 with yearly maintenance of approximately $28,000 per year. Some systems reviewed at that tme would have cast up to $400.000. Further investigation by ISD revealed a smell company in Bellingham, Washington, provitling similar service from a'hosted' business model with a fee based on users. This company, Emergency Reporting (ER), was to provide a basic RMS service for an initial cost of $36,625 with annual subsoriptlor fees. of $21.384. In October 2004, FFO and ISD recommended contracting with Emergency Repordrg with Me rationale met basic RMS services word be provided to FFD wife a much more efficient use of limited funding', resources. ER's contract also specified It would build the appropriate Inspection, hydrant, training, and other records management systems modules needed by Me department. However, the addition of these modules significantly expanded the volume of data transmitted between the remote Washington state site and FFD. This subsequently delayed response time between pre vendor and FFD, which negatively impacted staff effectiveness in being able to enter data, access, and report on all the various information Me system Is now maintaining. In an effort to remedy his situation, the Department recommended hosting me data on serrers in. Fresno to Improve overall user response time and worked wit the vendor and staff from ISD to accomplish' REPORT TO CITY COUNCIL TO ADOPT A RESOLUTION AUTHORIZING THE PURCHASE OF TIBURON FIRERECORDS SOFTWARE AND SUBSYSTEMS WITHOUT ADVERTISED COMPETITIVE BIDDING December 16, 2008 task. In May 2007, Council approved Amendment No.t to me ER ventrad and FFD began hosting ER's detary program locally on equipment In the City of Fresno rather than in the state of Washington. sugh some improvement in vendor response time has been noted, ER has not been able to complete all modules anti requested fixes in a tlmely manner. The systems they have built simply are not robust ugh to handle the volume of activity and complexity of data for a major metropolitan fire department. The trtment has had significant discussions wild ER in an effort to remedy concems about system deficiencies failure to meet contractual deadlines as well as FFD's efforts to identify an RMS system sufficient to meet ational needs, and the department would not be renewing Me ER contract, which expires in December 3. Should Council approve the recommendation to Implement the Tiburon RMS upgrade, the department execute the 60 -day written notice of tenrinatan of the ER contract upon completion of the Tiburon RECORDS upgrade and full trunnion to the new RMS system. used of the problems experienced by Me department, the negative impact on daily operations as well as mplications to the department's ISO and accredita0on processes that the deficiencies In me current RMS am Dose,staff began researching other vendor RMS systems. It was noted any new system most terve in full production and being used by a comparable department for a minimum of We years. Continuing to with vendors who wanted to develop software was not going to be acceptable. Staff contacted other pareble-sized fire departments both in and out of California, researched potential vendors on the interest, pared product offerings and cost quotes, held on-site demonstrations, and contacted current customers for From this due diligence, the department was able to focus primarily on two vendors with comparable products that would meet most of the departments requirementsTlbumn FireRECORDS, a Virginia corporation having It primary place of business In Pleasanton, California; and Emergency Technologies located In Raleigh, North Carolina. Both agencies have proven products in use by comparable -sized Ore departments. Tiburon FiNIREOORDS is currently in use at Long Beach and Sante Ana, We pear dies. Tiburon Fire RECORDS is also installed in numerous medium to large agencies acmes the nation such as Bati more, Maryland, Miami, Flonda, Swtthel le, Arizona: and Lubbock, Teras. Emergency Technologies has national accounts but does not currently have any clients In California As the department lurcher reviewed the systems and held on-site product demonstrations, it was determined Tiburon FirsRECORDS is currently In use within California. It also has the requisite California Joint Apprenticeship reporting components and a fully developed and tested station loglday book module, both requirements of a system utilized! by the department b ensure proper reporting of training records for revenue generation and lime and ecdvity recoming of daily activities through the station loglday book. For operational efflclency, the department requires all Information and data be maintained in a single database, which Is easily accessible for data entry, ad-hoc reporting, and analysis purposes. In order to achieve this continuity of reporting, the department requires the system be compatble with the older records management system that currently maintains historical data for the extraction of distended data, After Investigation, it was determined Tiburon FintRECORDS Is the only fully -developed software system in production for at least two years wits the capability of summoning Me depar dmi historical data, which Includes the dation log/day book and CJAC reporting of training records. Tlbumn FbvRECOROS is the only vendor that can upgrade the exi i Tlbumn system, which was In partial use by the department until January 20118, and In full use by the department between 1986 and 1999. This will allow the department to access and extract historical Incident data without development of any additional interfaces or data conversion fees. REPORT TO CITY COUNCIL TO ADOPT A RESOLUTION AUTHORIZING THE PURCHASE OF TIBURON FIRERECORDS SOFTWARE AND SUBSYSTEMS WITHOUT ADVERTISED COMPETITIVE BIDDING December 16, 2008 Page 4 Costs for the entire product upgrade, all applicable training, project management, and support antl sales tax is $181,455 and includes RneRECORDS Formal for use at all fire station locations, the CAD interface, Training, Prevention, Hydrant and Meet Management modules, training on set-up and reporting as well as over paining Gasses, project management, and support services. Year 1 annual maintenance will be $23,00 and Year 2 maintenance Is estimated at $25,500. Funding has been identified in Fund 24020, Fire Trainirg Fund, which is comprised of training monies received from Fresno City College. This request has been reviewed and approved as a sole source acquisition by the Purchasing Department. FISCAL IMPACT upgrade and annual maintenance fees will be funded from Fund 24020 - Fire Training Fund. It is re will be no General Fund Impact from acquisition of this program. Comparison Chart mnT"l's p .a,hQ1K. PI ICE Itiok This System Implementation Agreement (MIs "Agn ssi is entered nut this /GM day of Lk4o. h 2000 (Me 'Efledllve Date', by and between the City of Fresno, a municipal corporation (the 'Client') and Tiburon, Inc., a Virginia corporation having its primary place of business M8200 Ronal Mall Road. Survi Pleasanton, Califgmd 04500 (Tibumn? RECITALS WHEREAS, Me Client has determined Mat it requires Me implementation of an automated computer system as specked herein, and WHEREAS, Tiburon Is qualified to provide Me services specltred in the Apparent and subject to Me terms and waiters set form in his Agreement Tiburon absence; ro provide such services. NOW THEREFORE, In consideration of the mutual covenants contained herein, the Client and Tiburon hereby agree as tallows: AGREEMENT 1.0 Deflations Capitakzed terms used herein and In any exhibit hereto shall have Me definitions set forth on Exhibit 1 attached hereto and Incorporated herein by Mie reference, unless otherwee defined herein. 2.0 spectra orx Tiburon shall provide all design, development Installation, consulting, system Integration, protect management, training and technical services set forth In Me statement of We* attached hereto as Exhibit 2 and incorporated herein by this reference (Me. "Statement of Wore' in connection wilt Me delivery and Implementafmn of the System. Such services and the obligations and respansMkNes of Tiburon set form In theSMternent of Went are collectively defined herein as the 'Tibumn Responsibilities - Trill acknowledges that the dates set forth In the Protect Schedule for completion of the Client Responsibilities is be provided by Client under this Agreement demnd upon the timely WMllment MMe Tibumn ResWnsibiliees. CI'ent stall nW be responsble for any Mill in the Project Schedule directly and penalty caused by manners substanhat failure to pattern the Tiburon Responsibilities. Trousers substantial opium to derlerm the Tibumn Responsibilities Incordance with the Project Schedule shall consMute a material default under the Agreement cTiburon shall respond wiMin ten (10) business data to any smash inquiry submitted by Client for information or clarlficelgn, prowdetl that any such inquiry or multiple Inquiries can reasonably be answered within such 14dey period Tiburon's substantial fawre to respond within this today response period shall constitute a mandal de2un under this Agreement. 0.0 Termof Agreement 0.1 This Agreement shall take erect on Me Effective Date after (1) it has been fully executed by duly authorized mpresendaves of WM parties, and (i) Tiburon has received cannon notification tram the Client that any certification or approval of this Agreement regWred by ensure. ordinanceor established polity, of the Client has base counsel Page I of 16 33 The aMduls for Me imeomenmnon of Me Syabm Man Initially a Bowmed by Mae pmjed when ule eached handle, as Exhibri 3 and irmmoreied herein by Mie rearende (Me'IMCaI PrI Schelrnal The Ind el Project SMedue mall W replaced by a de6nt" project sondi b W delivered heresine in accadarca wed Me Statement MWere Me 'Problem! ScWNAI When dalNered, Me Project Stands shall be del M to M ImOmGelBd herein by Me reierercc and MM baame parlof to Agreertent 3.3 Unless earlier brmi ated as arcaded for In Seated 12 hereof Me Agreement Wi remaln In eget Men Ma E6eciNe Dam well all testes set Win In Me SbefmeM of Work ave bean fully correlated and all enroun s pdwbte hereunder hew own pold In NII. 4.0 Contract Prins TM CYwM shad Any b TiWmn Me total amount of ONE HUNDRED EIGHTY-0NE THOUSAND, FOUR HUNDRED FII FNE DOLIAFIS AND ZERO CENTS f$181./55.00) (Me'(its1 Prktj In deneWee he Me delivery and ImMampbSa d Me System in eccoNwe wed Me Steadfast of Wok and who includes oaks W(e). 6.0 Pc mane 6.1 The Client Man meed payments to Tbuoon (Me'gMaMorre Paynrene7 in eanrden or w to For Mlb9ore Payment Schedule a6xhed MnM as EtMeit 0 and Iricaparefad Main by Me reference (Me 'Mosel Payment Sch&*d . The amount to be pee by Me Court Hell W based on Me reacted prlo i designed to eats delNembk as rued In the Pkdrp Summary e0eched hereto as Exhibit 5 end InerparalM Word by Mk dimmest (Me 'Prxarq Summery'). 63 Tibur sW]lP mandsubmM1evluaMpeymentby Me CileMunddr Mb AgrMfMt Invokes for formas b hereunder shall a wbmiad o Me Mowing address City d Freda Fire DepoNnent ACenad: Theodore Sententious. Bag. Chef 911 H Sheet Fresno, Cahbmla 93721 Procne: 559,621-4401 All payments Mall W made soon MXy, (30) days "in Me data of an undisputed Inwln by ebdoonk funds b r to TINT aecuM padfed In %Ming, or by check matle Mable M Moron, tic' and tlaswred b 62200 StmerN9e Well Road, Suit GOO, PlewM . Coliform BI555, or by such der means as may W muNslly easpbaa M Me oames. If an Mwee Is di Oumd, Chert fall make payments of any undefeated amount centered xioin Ma invoice *&In Merry (30) days Mom Me deb of receipt of Me dlapuMd mvdre. 5.3 Unions Nodded o Me Pricing Summery, to ended eel IMM1 herein to not include any kdarel, Nle a Iwel a lu, aabo, or sue mxas mmv In force orwnM meY bo erreled In the labra, all veer mounts own; the able and Independent removability of Me Cant for tried eeyment to III being aOwrity. The prises the inductive of arty goods inoume or slmlmr cores and any amount of wMleldin9 Was Seel Security, methods, aro unempoymentlnwrence%th res WTIWmemployees. 5.4 Fenme W say any amount Meng h% under wan such amount b due Mall cbrebtW e Mensal default under Mie Agreement and could refulf in the N minetun 0Mis Agreement. Page 2 of 16 The Clint shall reimburse Tiburon be all collection fees. Including abaci attorneys' bass and expenses. Incurred by Tiburon In connection with Ma mllecton of any amount owing hereunder. 6.0 Client Responsibilities The Client agrees to provide Mose services and letters nemasary for the completion of Mie project which a set Mnh as Na Chants obireabons or responsibiiines (Me 'Chant Resaonsibbr s) m the Statement of Wcrk. The Client acknowtebges that the pets sat forth in the project Schedule far compeetion of Me ani . to lis provided by Tibumn under Mie Agreement depend upon the timely fulfillment of theClemResponsMlllties Tibumn shall not be responsible be any delays in Me project Schedule directly and pbmanly caused by the Client's there to perorm the Client Rasponsibilitles. The Client's failure b pedmm Me Client to spmonillties In accordance with Me Project Schedule shall constitute a mate Nal default under Me Agreement The Client shall respond within ten (10) business days to any wrl(tan request submitted by Tbumn for information, clanflption 0r approval W any designs, 5p firaban6. documents, or proposed change orders or amendments. The Coal failure to respond within Mas 10day response aer'ioa shall colrsMute a material default under this Agreement 10 Pmbsi Manager and Client Reamentalive 7.1 Tiburon shall designate wnMn ten (10) appointed Effecllve Date. in compact notice delivered in specie ce with Section 33 hereof a single Individual to act as the project manager (the 'Pmfact Manager} The Project Manner shall ensure Tbumn s compliance wind, and shall coomNate appropnate schedules in connection win, Tiburonn a oblagatbns hereunder. Tiburon may Orange Ne Individual designated hereunder by providing the Client with advance wri en notice delivered In accordance wind Section 33 hereof desagnating the new individual au hmaed b act as the phased Manager 7.2 The Clients Fire Chief is hereby designated as the Client's auNonzed repmentatwe be Purposes of this Agreement(Me-Cllenf Representative'). Such individual (a) must be autho tied to act on the Chant's cehalf with rested to all matters relating to Nis Agreement, (b) shall ensure Me Client S compliance with be responsibilities under the Agreement ', and (c) Shall coominate approptate schedules in connection with Tiburon a services under this Agreement The Client may change the andavbuaI desagnatetl hereunder by providing Tiburon win advance written notice delivered In accords nce with Section 33 hereof designating the new indhvul l authorized to act as Me Client Representative 8.0 Chances The scope and schedule of stri and materials provided under this Agreement may only de changed by a wrmen change order (a Change order) mutually agreed upon and Signed by duly authorized representatives of each of the parous. Whin a change causes a motlMwn[n to the Contract Price or the amount of time needed b Complete such change, Me Milestone Payment Sche0ule and Project Schedule shall be amended, as new nary. by Change Omer. My Change Order causing an increase b the Contract Prim or warpath In the deliverables b be provided by Tiburon or in the TNumn Responsibilities under this; agreement, shall be subject to Me prior approval of Clients governing body 0.e., Me City Councq. Tbumn shall not as liable in anyway for delays to Me Project caused by this Section of the Agreement Page 3 of 16 9.0 Software Lipari and Transfer 9.1 For purposes of this Agreement Tiburon warrents that it has good (nue to each of Me Tlburon Applications and all Cemalive Works, EnhancemeMa and Documentation with respect thereto, and the right W use and mtegrate the same Into the System bee from trade moral, trademark, copyright, patent and other propnetery right InGngements Except as speufiaay provided herein, Tiburon shall at all times retain all Mie and interest in and to each of Me Tiburon Applications and all Derwative Works, Maintenance Modifications. Enhancements and Documentation with respect thereto and all Tiburon Confidential Information. 9.1 Upon payment of the appropnah fees, Tiburon will grant M Me Client a limited right to use the Tbumn Application, In Object Code only, pursuant to, and subject to Me terms of, a software license agreement subsambally In the lora crashed hereto as Exhibit 6 (Me 'Software License Agmemat"). 9.3 Tburon may provide to the Client certain MlMparty software applications in the quantities requested by the Client pursuant to Me Agreement (Me Thim-Parry Sogwirs). The right W use any such Third Parry Software may bo granted W We Client under the software License Agreement or pursuant to a separate sothvare license agreement with Me developer of such Tblyd-Party Software. The Client shall have no right to use such Third - Party Software until Me Client has executed Me Software Leaned Agreement or a separate software license agreement with the developer of such Third Party SOOwere. as applicabll and what the Client has paid for all license or sublicense fees In connection Metal Tiburon will integrate such Third -Party Sobwere into me System and such ThirLPmty Sof vire will constitute a deliverable for purposes of Mie Agreement If for any reason it Is determined Mat Insufficient Itramps or sublkenses for such Third -Party Software have been purchased, or Mat for any match more licenses or furtiveness are required for System operation, Me Client shall be responsible for any additional ants associated with Moment such addlnoal licenses and the mats and hes assocletatl with integration of such audit Third -Party So0ware Into Me System. The Client shall have no nght to the Source Code with respect M any ThirdFerty Software. 44 upon payment of the appropriate feed Tiburon will Provide annual maintenance and support services of the Tiburon Application pursuant to, and subject to Me terms of a master support agreement substantially in Me form attached hereto as Exhibit T (the 'SupportAgmement"l. 10.0 Confidential lMemudon 10.1 All Client Confiden0al Infonnaflmt (as defined content shall be held In edict confidence by Tiburon, and Tiburon shall not, without the Client's their will consent (a) choose such bound to abide by Me terms hereat and having a need W know I vection with Thurber; p 'eRormence of its obligations realMolma sm other than in tormentor with the peRwmana of Its obaga0c term went Confidential Information' shall Include all Client data imprmafron of a confidential nature aleady labeled by the Client as Tiburon understands and agrees that Me unauNombed a3eor d ConfidenOal Information may irreparably damage Me Client In the breach or threatened breach of any of Me provisions In MIs Section fan entitled W an Inrynaan obtained from any court having appropriate lur Tiburon from any unauthonud use or disclosure of any Client Cana Tiburon agrees to maintain ail Client Confidential Information with the s and security as it treats its own most mMMenlial Informa0on. Page 4 of 16 10.2 All Tiburon Confidental Information (as declared babes) shall be nem In the Client, and rile Client shall not, without Tiburon'a prior written copse information to any person or entity other Man to the Client's III legally bound to abide by Me terms hereof and having a need to know connectron with the CienYs performanra of It colitatiws hereunde information other than rn connection with the peRormance of Me obligatir term "Tiburon Confidential Inbrnaxin" shall Include the Tiburon Apindi software applications developed by Tiburon, whe[her or not licensed te ncany written information disclosed by Tiburon to Me Client unit luding, but not limited to. any trade secreta, ca didenbal kntri hat to Tiburon product, pmceraes, know-how, designs, f developmental or experimental work, improvement, discoveries, plan products, marketing and selling, business plains budgets and or statements licenses, prices and costs, suppliers and customers, ir through contact with Tiburon s customersproprietary informatlan of T and information regarding the skills and compensation of Tiburon'a i consultant The Client understands and agrees that Tburan Con nstitutes a valuable business asset of Tiburon, Me unauMor'rzetl u which may irreparably damage Tiburon In Me event of Me Clients to breach of any of Me provisions In this Section io 2 Tibumn shat injunction Occurred from any court having appropriate jurisdichon remor any unauthorized use or disclosure of any Tiburon Confidential Informed 10.0 NotalMstanoing Section 10.1 or Section 103 hereof neither Client Confidential lnrormabon or Tiburon Confidential Informalron shall Include Informaxon which the recipient War demonstrate by competent written proof (a) Is now, or hereafter becomestrough no act or fagu a to act on Me part of the recipient, generally known or available or otherwise part of the public domain. (b) is rightfully, known by Me recipient wNroul reputation on use poor to as first receipt of such Information from Me disclosing party as expanded by Its records; (o) is hereafter grubbed to Me recipient by a Mind party authorized to furbish Me information to Me radia f, as a matter of right and without restriction on disclosure; Or (d) Is Me subject of Wr npemnssion by the disclosing party to disclose 10.4 Notwithstanding Section 10.1 or Section 10.2 hereof, disclosure of Client Control Informal or Tiburon Confidential Information shall not be predWed it (a) such disclosure Is In response to a valid order of a court or other governmental body of Me United States or any poliWal subdivision thereof. provided howaveo that Me recipient of such confidential informal shall first have graph notice to Me otter Mary whose responsibility it shall be to obtain a pmlectri order requiring Mat the Information I be diulosed be used only for the purposes for which Me order was issued or that Me information shall not be d'u closed. (b) such departure Is ne ssary to establish fight or enforce a llgalrons under this Agreement but only to the extent net any such dladesure is necessary for such pufW e; (c) the reciprem of such cankientlal InfomlaWn remved the poor written consent fa such dlxbsure from Me disclosing party, but day b the extent permuted In such consent, or (d) such disclosure Is in response by Client ro a request for diumbrom a of TMurop Confidential Information pursuant to the California Public Records Act or subpoena; provided houerer. Client provided notice to Tiburon before a response was due, and it sMll be Tiburon s weppmibility toesesdarh [hat such Tiburon Confidential Information is exempt from disclosure. Page 5 of 16 10.5 The obligations hereunder with respect to each Item of Client Conndental Information and Tiburon Confidential Information shat survive Me termination of thea Agreement. t0.6 ralure of either party to adhere to this section shall constants a material default of this Agreement 10] Nothing in this Agreement shall be construct to grant to Me rapport any ownership or Other pmproxi informal In the other padys respective Confidential Information. The ecipient agrees Nat It tices not acquire any htle, ownorship, or other intellectual property right or license under this Agreement In such other party's meadows Confidential Information. 11.1 The padlen to this Agreement shall exercise their best efforts to negotiate and sefte promptly any Dispute that may area wish respect to this Agreement in accordance with the provisions set fold in Mb Se tiro 11.1. (a) If either party (the 'Counting Par y) has a Dispute, that party Shall bring the matter to the attention of Me other party at the earliest possible time via a Dispute Notice, In omerN resolve such Dispels (b) If such Dispute Is not resolved or a mutually agreed to schedule when atlherence to would resolve the Dispute (Me'Resolufion Schedule') c not agreed to by the Project Managers (for purposes of this secteon, Client's Project Manager shall be the Client Representative's designee on site during the project) within ten (10) business days, the Disputing Parry shall deliver to been second levels of representabves, below, a Dispute Notice (q Reeser by Me second level of represenNtives of a Dispute Notice shall commence a 6me pared within which Me respective representatives shall co rate wast one another in good faith In order to resolve the Dispute. If the respective represent de es cannot resolve the Dispute or develop a mutually agreed to Resolution Schedule wiNln Me given days period, Me Dispute shall be ea proomid to the next higher level of representatives In Me sequence as set form below. (d) If Me Nird level of representative, below, are unable resolve the Dispute or develop a mu Wally agreed to Resolution Schedule In awomance wain Me deposition procedures act form below, the states may Massed Meir rights under Man Agreement. EeabUon Timetable Tbuon Grunt !Business Doing Reoresenlativa Repmentative 0 to 10'" I'moact Manager Project Manager 110 to 1$" Dperadons Manager Client Representative 160 to 200 Executive Chose City Manager 111 Notwithstanding the per Mat Me pates may be attempting to resolve a Dispute in accordance with Me Informs dispute resolution procedures set form In Section 11 1 hereat, the pates agree b continua without delay all that respective respdnsidilNes under this Agreement that are not affected by Me Dispute. 11.3 This Section Intentionally Left Blank. Pagel 6 of 16 11A Notwidhstansim the foregoing, either party may, before or during the ethical IN me Informal dispute resolution machines set than in Section ttt, apply W a mud having Jurisdiction for a temporary remaining enter or preliminary Injunction where such all is necessary to protect its interests bantling completed of such informal dispute deoWton procedures. 11.5 Galore of either pant to adhere to this section shall mint ions a material dehutt of Nle Agreement 12.0 Termination 121 Temtlnalbo for Default Subject to completion of the dispute accused procedures and form in Section 11 t hereof in Me event that either pant hereto materially def nu a in Me performance of any of its obligations hereunder, the other pally, may, at AS op0oq laminate this Agreement by providing the defaulting party thirty (30) days prior written notice M urination delivered in accordance with sudden 33 hereof. which notice shall identify and describe with spe ffichy Me basis for such termination, and allow Me non -terminating party to either cure Me default or develop a mutually agreed M Resolution Scnedule. If, prior to Me expiration of such notice pence, the defaulting body meas such default a the Serenaded of me non adfaulting Way, (as evidenced by written notice delivered by Me ren4ehulOrgparty in accomanm wan Section 33 hares terminallon shall not lake place. 122 Termination WlMout Dau". The Client may terminale this Agreement without muse (Including, but not Ilmhed to, Client's nor appropriated of funds sufficient to meet up obligations hereunder during any Client fiscal year of Mis Agreement, or InsuMcient funding fir the picked) by providing Tiburon at bast thirty (30f dri prior written race of thrmm ffi n delivered in accordance With Section 33 herself. 12.3 ConsequencesafTerminatlon. Upon termination of this Agreement for whatever reason (a) Tiburon and Client Mail be under no fuller obligation to provide the respective Tiburon Rasponsiddities and Client Responsibilities hereunder, tel Tiburon shall return to the Client all Client Confidential Information In Tiburon'a possession and shall daddy In a wdben pleasant signed by the Project Manager and an officer of Tiburon that all such understand has peen indumedl (0) the Client shall return to Tiburon all Tiburon Confidential Information in Me Class possession (including, without kimife(gn, all devises, recwtls, data, notes, reports, preprints, lists, ro?espnnderrce. sped( lions, drevnngs, blueprints, sketches, enormous. equipment or other movements or properly relating to such Tiburon Confidential Information and ax copses of any of the /ongoing (in wnerver medium Summed)) and all Tem Party Products In its possession not yet accepted and not yet paid far in full mother with all muses of documentation and other material related mered, and shall redly In worn document signed by the client Representative identified in section 72 hreof that all such Information and material has dean reamed, (it) the Client shall cause payments d be made to Tibumn within thirty (30) data of receipt of invoice for all outstanding Invoices submitted he Me Client prior to the effective data of the termination and for all costs and Separate Incurred prod, to Ilea of artwe date of the reroursom to Me extend not involved poor Ie We Shearve dale of the Immersion, based upon Tibumn's then -current labor rales M Two Hundred Dollars ($200.00) per hour, Page 7 of 16 (e) in the event of fen arenton by the Client for convenience under Subman 122 thereof irm Client all cause payments t0 be made to Tiburon world thirty (30) days of receipt of invoice for all cancellation, restocking or residual fees resulting from Me cancellal or return of Third Perry Products ordered from or Shipped by re vendor thereof poor to the effective date of re termination. (Q In me event of termination by the Client for convenience under Became 122 real any license fees paid prior t0 the effective date of re termination shall be forteded by Me Client 19) All previsions of this Agreement rat by their nature would reasonably be expected M confinue after Me tellmnabon of this Agreement shall survive Me termination of this Agreement. 13.0 Inclinational Tiburon agrees to protect. defend, Indemnify, and save the Client its agent, offlcials employees, or any firm, company. organization, or Individual M whom the Client may Ire conbaged, harmless Morn and against any and all claims, demands, Square, and causes of action of which Tiburon Is given prompt nouucaaon and over which Tiburon is given control to reserve On& 'howso bred M affil which may arise On account of Illness, disease, firms of property. services, wages, dear of persanal imurles resulting from Tiburon's negligence In Me paRormanee of re servinces hereunder, provided, however, that In no event shell Tiburon be liable for any loss ar damages related to the attention delay or failure 0 so0ware or equipment provided by Tiburon or for the attoi Of completeness of data, and under no Linvmsances shall Tiburon be liable fee special, Incoental or consequential damages_ Tiburon agrees to former Indemnify be Client for all reasonable expenses and attorney's fees incurred by the Client In connected wit re Indemnified Matters If Tbumn should soGantraR all or any porion of the work to be pedprmed under Nis Agreement, Tiburon shall require each suMnntrador b Indemnify, hold handless all defend Client and each of its officers, afficaus, empoyees, agents and wlunteers in accordance with the terms of the preceding paragraph. 14.0 Insurance 14.1 Throughout the lire of big Agreement Tiburon shall pay for and maintain In full force and afloat all porde. of m required hereunder wM a wmpanybest eller (p admitted by Me California Insurance Commissioner to do business In be State of Oalnomla and hired not less than "A -VII" In Best's Insurance Rating Gude, or bi) authorized by Client's Risk Manager. The fallowing policies of Insurance ate raquir N tat COMMERCIAL GENERAL t1ABILITy imurence which shall be at best as broad as the meet commit wns'lon of Insurance Between Office "occurrencefarm CG 0001 and shall include Insurance for "Wady Injury,' 'plastery damage- and 'personal and adve sing Injury' win beverage for coverage fpr premises and operations, products and ompbfed operatbns, and wnhactual IiabIITy with combined large of liability of net less than $1,000,000 per occurrence for Wdtly injury and propeM damage, $1 ON ON per occurrence for personal and adveNsing Injury, $2,000.000 general aggregate and $2,000,000 aggregate for produclsand completed operations. (d) COMMERCIAL AUTOMOBILE LIABILITY Insurance which shall be at least as breed as the meet current version W Insurance Service Office form GA 00 Ot and include coverage for all owned, hired and non -owned automobiles or over licenseed vehicles with combined single limits of liability of not less than 51,000,000 per accordance bee 8 of 16 (0) WORKERS COMPENSATION insurance as required under me Canadian Labor Cade. (m) EMPLOYERSLIABILITY N with limits Of liability of not less Man $t 01)0, 000 each local SLpag00u insurance policy limn and $1,000;000 disease eat employee. 142 Tldurdn shall be responsible for payment of any deductibles mongered In any Insurance p0lices hall hereunder and Tiburon Shall also be responsible for payment of any self-insured repeaters. 14.3 The above described policies of insurance shall be endorsed b provide an unrestricted 30 calendar day women notice In favor of Client of policy commission of coverage. In are event any pollcles are due to expire during the arm of this Agreement, Tiburon shall provide a near ce"cm evidencing renewal of such policy not lines than 15 "lender days poor to fare expiration data pairs expiring policyQes). Upon Issuance by Me insurer. bmkeg or agent Of a nodes of mnceaatlon In coverage, Tiburon Shia file wren Client a new, cinMwte and all applicable endorsements for such policy(in) 14.4 The General Liability and Automobile Liability insurance parous shall be written on an Occurrence and shall name CIIenL as oRlsers, offi l; agents, employees and volunteers as n additional insured_ Such pohgy0es) of Insurance shall be endorsed s0 Tlburon'a insurance shall be primary and no contribution shall be rebuffed of Client Any Workers' Compensation Insurance policy shall contain a waiver of subrogation as to Client, its Officers, ofd anis. agents, employees and voluntnrs. Tiburon shall have fumfahsa Client with the cedtxcao(e) prior to Client's execution 0the Agreement, 14.5 If at any rime during the lis of the Agreement or any extension, Tiburon AN to mainfem the required Insurance in WII band and effect, all work under the Agreement shall be discontinued Immealately, and all payments due or that become due 0 Tbu on shall be withheld until notice is received by Client Mat Me required Insurance has bean restored to full round and exact and that the premiums therefore have been pain for a period radial m Client My (allure to freedom the required Insurance shall be sufficient muse for Client to temmnate Mie Agreement 14.6 If Tiburon should subcontract all or any peter of the nervous to be performed under Mw Agreement, Tiburon shall require each to provide imumn" rens on In favor of Client. Its officers, od¢ials, employees, agents and volunteers In accordance with the terms of each of the preceding paragraphs. except that the SubcontraMrs' candidates and endorsements shall he on file with Tiburon and Client prior to the commencement of any work by the interna mgr. 15.0 shipping and Risk of Lo" All "lea and deliveries are F.0 B. OesbnaM1on at which time risk of loss shall pans to Ne Client Tburon shall retain risk of loss for equipment, goods and materials delivered to Tike rcn's posmssidn at its development faolues for purposes of System development ark integration wall such equipment, goods and matends have been delivered to me Clients Imusbass. California to the Client shall be imported to the address set forth In Section 33 hernf unless Me Client designates a different address In a written made delivered in accordance with section 33 hereof. Tiburon reserves the right to make delivenes to the Client in Installments, and has Agreement shad be Severable as to Such rudiments Page 9 of 16 16.1) Eauloment Conablabiity 16.1 The Tiburon Applications will not fall to perform In accordance NO the performance standards set tough in the Statement of Work as a result or the equipment specitred in the Pricing Summary and provided by Tiburon under Me Agreement Tiburon shall not be responsible for the performance of the Tiburon Application In combination with any other products, elements, or components not supplied by Tiburon except M the extent Nat Tiburon hoe provided the interface between such equipment and nonTiburonproducts, elements Or components pursuant to this Agreement. 16.2 For any equipment spectiM in the Prong Summary and provided by Tiburon under this Agreement Nat is no longer available doe ro model changes or other reasons beyond the reasonable control M Tburon, Tiburon shall provide equipment of same or equal quality, performance and capacity. 16.3 THE CLIENT SHALL BE RESPONSIBLE FOR ANY EQUIPMENT NOT PROVIDED JEW, AND ANY IMPACT ON TIBURON dPACTS OVERALL SYSTEM OPERATION OR UNDERTAKE THE AFOREMENTIONED OVIDED EQUIPMENT ONLY UPON THE ION FEES EXPRESSLY AND SPECIFICALLY THIS AGREEMENT OR BY A CHANGE ORDER frog Thltd PaMProduct Wamnty Tiburon makes no warranty with respect to any Thril dy Products. Warranty coverage for Third -Party Products shall be provided In impop ante with the original manufacturers wananry provisions. 16.0 LimX Don of Liability In no event shall either party be liable for any damages respiring form loss of pmflt or business. or for any special, nolmor punifive, incidental or consequential damages, whether arising in an action of contract had or other legal theory and appendices of whether such pally, knew or should have known of the possibility of such damages_ The awe In same stiles do no allow Ne exclusion or limitation of incidental orconsequential damages, and Me above limitation o exclusion shall be construed so as to gm pr give it Ne maximum M tk' I em Without violating such laws If a count of competent funsdation determines Mat relevant laws In %me may imply Wananties and flabdifies which cannot be excluded Or limited or which can only party be excluded or limited, then the limits on Tiburon'a liability set put in the Agreement shall apply to the full extent penn'llted by law. Eimer parties liability M any claim, whether In ted, central Indemnify or omermse, shall be limited to the total amount to IN paid Tiburon under the Agreement. NOtelMstandmg the foragoNg. such limitations of liability shall not apply W Tiburon and Sections 91 and 9.3 hereat when Me Lability or claim involves any Infringement of trade secret trademark, patent copalght or Omer pmpnefary right. NotwimsWnding Me foregoing, such Ilmbeiwl of Page 109F 16 liaegity shall not apply to Client when me liability or claim Involves any Infringement of Temon a Ueda sentes,Imtlemarks,patents , copyrights or other proprietary rights 19.0 NanziSddmina0on Tiburon agrees that in performing its fail under this Agreement, it shall not placements against any workerempmyee, or applicant, or any member of the public, because of age, race, sex. reed. color, religion, or formal origin, nor otherwise commit an unfair employment practice In violation of any state orfederal law. 20.0 Conflictoflitam[ Tiburon warrants Mat, to the best of He knowledge and belle( no person except bona 9tle employees, agents consultants or representatives of Tiburon or any of its subantreclors has been employed or retained to sober or secure this Agreement xa mdewndent Contractor Soto{ 01.1 In are furnishing of the services provided far herein. Tiburon is acting solely as an independent cc moncer harbor Tiburon, nor any of its staffers agents or employees shall be deemed an officer, agent, employee, joint venturer, "Met or associate of Client foranypurpose. Client shall have no right to control or supervise or mrGt the manner or method by which Tlburpn shall "do" Me work and lenders. However, Client shall retain the right to administer mus Agreement so as to verity that Tiburon Is performing its obligations in accordance with Me terms and resources thereof. 21.2 This Agreement does not evidence a partnership or joint venture between Tiburon and Client . Tiburon shall have no regional M bind stent absent Clients express worse consent Except M the extent chartered providedm In IMS Agreeent Tiburon shall bear its even costs and expenses in pursuit Mmeol 21.1 Because of Me status as an Independent contractor, Tiburon and Its officers. agents and employees shall have absolutely no right to employment rights and benafirs available W Client employees. Tiburon shall be solely liable and responsible for all payroll and tse withholding and for providing to, or on cobalt of, Ms employees all employee benefits including, without limitation, health, wall and retirement benefits. In addition, together with of other obligations under this Agree R Tibumn shall be solely responsible, indemnify, defend and save Clem harmless; from all matters relafing to employment and Idx withholding for and payment of Irate a ampm mes, Including, without limitation, f ) compliance with Social Security and unemployment Insurance withholding, payment of workers compensation benefits. and all other laws and segulafwns governing matters of employee wMholding, taxes and payment: and (10 any Gaim of right or Interest in Client employment benehh, entitlements programs andlor funds offered employees of Client whether arising by reason of any Common Idw, de hdo, Ieasell or is employee rights or either theory. It is acknowledged Mat during Me term of Mis Agreement Tiburon may be U.0 AesgRRffint Nebher party hereto may assign Its rights or doggerel under this Agreement without Me prior worse consent of Me other party, which consent shall not be unreasonably withheld', provided, however Mat Tiburon may assign times Agreement to he auaassm In formal with a sets of its business without obtaining consent of any Mary. Subject to Me Providing, each and every Ng' I I of 16 covenant lean. prevision and agreement cantered in Mia Agreement shall be handful upon and more To the wool of the panespermitted Succesmrs, woryou S, representatives. administrators and assigns. 23.0 Third party Bane duarix This Agreement is entered Into for Me sole benefit of We Client and Tiburon and, where permitted above, their permitted succorefors Saudi representatives, administrators and sssgre. Noting in this Agreement shall the construed as giving any benefits, right, remedles or claims to any other person, firm, corporation or other a bity, including, without limilapon, the general public or any memberthereed orter Introduce anyone nota pat to MIS Agreement to malnlaM a suit fm personal injuries, propend damage, or any other relief In law or equity In connection with MIS Agreement 20.0 Governed taw All questions concerning Me validity, olde2Mn, interpretation, construction and enforcement of any brats, coveha M or conall d MIS Agreement shall In all respects be governed by and determined in accordance with the laws of the State of Califnmla without giving effect to Me chairs of law caboose meted[ The haloed Nations Convention on the International Sete of Gwds shall not apply to any traneacdons contemplated by this Agreement. 25.0 This wagon lrdentlonaliv Left Blank 26.0 Venue All legal proceedings brought in comecbon with this Agreement may only be bmught in a state or federal wort Iocaletl In Me County of Fresno in the Stets of California Earn party hereby agrees to submit to Me personal fUdsdmion of those wuds led any lawsuits fled there against such party moving under or In connection WIN this Agreement. 27.0 Advice of Counsel Each party hereto has been attended the personality to consult woo counsel of Its choice before emetine Into this Agreement The distres wave the provisions of California Civil Code Section 1650 such oat any ambiguity in MIs Agreement may not Ire conceded against either mi 28.0 Amendrolent No amendment or other modification of this Agreement shall be valid unless pursuant b a written Instrument referencing the Agreement signed by duly aotrumbed representatives of each of the parous hereto, subject to Me prior approval of Clients governing Way. ina��"rnm In order W be eRedilve. any waiver of any right benefit or power hereunder must be In writing and signed by an Sophie aetl representative of the party against whom enforcement of such waiver would be sought, it Cuing Intended net Me conduct or fefure to ad of either pat shall Imply no walver Neither party shall by more lapse of Tree without giving notice or taking other action Page 12 of 16 hereunder be bearl b have waived any breach by Me other party of any of Me proNslons of this Agreement No waiver of any right benefit or power hereunder on a specffc occasion shall L applicable t0 any facts or circumstances other than Me facts and clrGlmsbnces spectra lly addressed by such waiver or to any fours events. even if such boom events involve facts and circumstances sub nsumally similar to those specifically addmssed by such waiver No waver of any right, benefit or power hereunder shall consgtute, or pas deemed to mnsg e, a waiverof any Other right, benefit or power frereuncer. Unless commands scroll set Not herein, neither party shall be required to glue nonce to Me other path, or to any other third pang to enforce s4ki adherence M all terms of this Agreement. 00.0 Forme Majeure farminaHonf it both of the follwdng conditions are sadaAed_ (t) ore failure or delay could not have been prevented by reasonable precautions, and cannot reasonably be circumvented by the non - calculating path through the use of alternate sources, workaround plans, or other means; and (2) the Miura or delay is caused, directly or Indirectly, by reason of film or other casualty or cadent strikes or labor disputes; Inability to procure few materials, equipment power or Supplies. war, termnsrr or other violence; or any other act or condition beyond the reasonable radial of the non-performing party. Upon Me occurrence of an event which outside both of the above conditions (a Porte Mayeure Event), the nonyenorming path will be excused from any further performance Ot those obligations under the Agreement affected by the Force Mail Event for as long as (a) the Force Majeure Event Continues; and (b) the non-perb(ming party continues to use commercially reasonable eRortl m recommence performance whenever and to whatever extent possible without delay. Upon the ttcurtence of a Force Meleure Event, the ncn- performing path wall immediately notify Me other path by telephone (N be confirmed by written notice wlfllln Inn (2) business days of the ladum or delay) of the occomence of a come Measure Event and will describe in reasonable detail the normal of Me Force Majeure Event. sig 3Oyarra jLrgf If any provision of Mis Agreement shall for any reason be held to be invalid, Illegal, unenforceable, at conflict with any law of a federal State, or local government having jurisdiction over this Agreement such provision shall be conshued so as to make It enforceable Or Me greatest extent peonitted, such pmvislon shall remain In effect to the greatest extent permitted and the remaining provisions of had Agreement shall remain In hal force and effect. 33.0 Entire Aafeement Tom Agreement sets forth the final, complete .and exclusive agreement and understanding between mbumn and the Client relating to the sutyed matter hersof and supersedes all quotes, proposals understandings, representafrov, ccnbltionp warranties, frowernarm, and all other loparties tions beemen the rood'wf or n) relating b the subject matter bweof Tiburon shall not be bound by any above or conditions contained in any purchase order or other bon provided by the Client In connection with this Agreement and any such terms and conbitlons shall have no force or effect No affirmatlon, representation or waremy relating to the subject matter hereof by any employee, agent or other repmddnmtve of Tiburon shall hind Tiburon or be enforceable by the Client unless spenrolly set forth in his Agreement Neither party shall be bound by any terms or conditions contended In any purchase over, bsk Nmpletlon leiter or other form pravidM by Me other party in connexamn with this Agreement and any such forms and conaitiona shall have no force or effect No affirmation , lepesenbflwl or warranty relating to the Page 13 of 16 subject mailer hereof by any employee, agent or other represenmbve of Client shall bind Client or be enforceable by Tibumn unless speci0cally set form In The Agreement 33.0 fIMkM All natices, requests, demands, or other communications required or permitted m be given hereunder must he In writing and must be addressed M Me parties at their respecMe addresses set food below and shall be deemed to have been duly given when (a) delivered in Person', (b) sent by facsimile transmission indicating receipt at me facsimile number where sen( (c) one (1) business day after being deposited with a reputable overnight air courier service; or (d) Mrse (3) business days after being deposited all the United States Postal Service, fordelivery by wNfied or registeretl mail postage pmpald and Mum receipt requested Ad notices and other uniptiana regarding default or te'minatio0 of Mis Agreement shall Oe dellvemd by hand or went by pNbed mail, Postage prepaid and return would requested Either ferry may from time to lime W nge the notice address set forth below by delivering notes to Has other parry in accordance with this section sabN forth Me new address and the date on whim it will become effective If Tibumn Tiburon, Inc. 5200 Stoneridge Mau Head, Suite 400 Pleasanton. Celilc ie 90558 Attention: Contracts Administrator Phone: 925621-2700 Fax 925621-2799 It to the Client City of Fresno Fire Oepanment Attention Theodore SemOnlaus, Batt. Chief 911 H Sbe d Fresno, CalRomia 93721 Phone: 559-5214401 Fax 5594984281 34.0 CotuWoden The paragraph and section headings used In this Agreement or In any exhibit hereto are for convenience and ease of reference only, and do not define, limit, augment, or describe the smile, content or Intent of mos Agreement Any term referencing time, days or period for perbnnance shall be deemed calender days and not buemess data unless otherwise expressly provided herein Any term referencing "business days' shall mean Client business days 35.0 Commercialm This Agreement may be signed In bid or more counterparts, each of winch sha0 constiMe an orl9mal, and all of which together shall constitute one and the same document 36.0 Committees weed Law In providing the services Inquired under this Agreement Tiburon shall at all Ones comply w5M all surmounts laws of the United States (Including, but not limited to, the Health Insurance Portability, and Accountability Am at 45 U S . Section 1171 et see I the State of Celgomla and Client and wNi all applicable regulations promulgated by Rderal, state, regional or kcal administrative and re9ulamry agencies, now In force and as May may be enacted Issued, or amended during the term of this Agreement Pass 14 of 16 01.0 Alberni Fan If either party is required to commence any proceeding or "at action he enforce or Interpret any therm , covenant or condition of this Agreement, the prevailing pat In such proceeding or action shall be entitled to recover tram the: other pay reasonable attorneys fees and legal expenses. 08.0 Exhibits Each exhibit and ideachmenl referenced In this Agreement Is, by the reference, Incorporated into and made a pert of this Agreement Capitalized terns used therein shall have the definitions set forth In this Agreement unless otherwise defined thereon. 07.0 Precedence of Documents In the event of any conflict between the body of Nis Agreement and any Exhibit or Attachment hereto, tlm terms and conditions of the body of Nie Agreement shall correct and Wks precedence over the terms and condiflons expressed within the Exhibit or Attachment Fermermore, any terms oriondi0ons contained wlitin any Exhibit or Attachment hereto wh¢h Wrpod to modify the allocation of risk between the parties, provided for Warn the body of are Agreement, shall be null and void 08.0 Cumulative Remedies No remetly or election hereunder shall be dcemed exclusive but shall, wherever poi Ible, be wmulapve with all other remedies at law or In equity. Page 15 of 16 IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno. CaliEr ia, the day and year first above wntlen. City or Fresno. Tiburon, Inc., a California((Jmunbipal cofoore5on a Virginia deformation BY. 7.�r�. Q Q tip•. — �J By. - RdMYRambY N�O Fresno Fire Department Namern kjLj h 57 Vt ij Title A'FTE (l ammr REB REBECC CA E. KLIBCH Chaare ts, Ps. or Vice Pres.j City Clerx pA, By'. /1c.x.2 /2/2Y/O% By. Deputy u' Name.//IIY.,.. tlLe..// APPROVED AS TO FORM. TMIe(oRNnuS AMESC,SANCHEZ HI fore �re:8 City Me By, � re-veb9V army Algrepo Data /(50 sroepulry Attachments: Exhibilt- EvhibM 2 - Exhibit 3 - Exhibp 4 - ExhibM 5 - Exhibit 6 - Exhibit) - Version 275 lvironments Exhibit 2 -Covered Applications Exhibit 3 -Site, System and NeMork Specifications Exhibit 4 -Back Up Schedule and Procedures Exhibit 5- Warranty & Maintenance Supced-Colog nes 8 Optbns Exhibit B - systems AdminisUaorn support Servaea Exhibit ]- Database Administre6on (DBA) Services Page 16 o(16 EXHIBIT 1 To System Imptemeration Agreement DEFINDDON9 This EMMA Is attached to Incorporated into, and forms a pad of the System Implementation Agreement, made Jl//� 20DF, between Tiburon and Me Client (herein normal to as the-Agreementy Ceptedded terms used in Me Agreement or any exhibit thereto shall have the dermifwns at font herein unless otherwise donned in Me Agreement In Me event of confiid between the leans and condmoris set forth herein dM Mase set forth in be Agreement. Me terms and conditions set forth in the Agreement shall prevail 1. "Audi Specifications" shall mean, with respect W any of the Tiburon Addictions, Me scocifications tar such Tiburon Application delivered to Me Client upon the Clients acceptance of such Tiburon Application in aaprance wIM do Statement of Work. 2. nater" is defined in Me preamble to Me Agreement 3. "Client OorMdantial lnformdfion"Is defined In Section lo, l m the Agreement 6. "CIIent Bepiecerroubm" a defined In Semon l 2 of Me Agreement S. "Corot Prim" is"fined in Section 0 of the Agrttment S. "Ort rstive Works" shall mean, won reapst to any Tiburon Application, any benslation, abridgement. revised, mWiflcabon, or order form In which such Tiburon Appeared may W mcast transformed, modified, mapted or appeared aver Me Client's acceptance of the Taunton Applimtion In acwrands wird the Statement M Vi T. "Disparl shall mean, wilh respect W an unresolved issue or coriVoversy concerning a parry's performance under Mas Agreement which Me non-DiSpudn9 PaM has been made severe W through a Dispute Made which shall W delivered to the non-Dlsputmg Poetry wind a msonable amount r Sore them Me data the amoris orinaction causing Me Dispute Burred. S. "Dls" Notice" shall mean, with respect to a wrong signed by a duly authorized representurve of he Capita ng Pally. arm "Dispute Noted' Me Dispute In detail, including any dna commitment and any feat or other costs Involved, delivered in accordance wM Section 33 of the Agreement 9. "DispNNg Party" is defined an Sedan 11 1 of the Agreement. U. "DocumentaDon" shall mea. wad radial to any Tiburon Application, Mase conditpd Inffiuggns. manuals, and diagrams pertaining to and furnished with such Tiburon Application 11. "Effective Dale" is defined in Me preamble W Me (gmement. 12. "EnhannmenP' shall mean with respect to any Tiburon Ppplleation, a computer program malfication cr eddi cin, other than a Maintenance MMificadon, that alters the funcronafity of or adds new functions to, such Tbumn Appl'io( n dntl Mat u Integrated wish such Tibumn Appiirman after Me Clients acceptance of the Tiburon Application In accordance with Me Summers d Work, or Mat Page 1 of 3 spun impfivirm enm Pptwn unem t. p.a�np. pxppa raoiom, mu Ax rgnb teems raimn l..wall Taxi acenouppe corponuo" IS related to such Tiburon Application but offered separately by Tiburon alter Me clienfs acceptance of the Tlburon Asplication in accordance AM the Statement of Wolk. 19. "Enor" shall mean, AM respect M any Tiburon Application, a dated in the Source Code for such Tiburon Aracheapon Mat prevents such Tiburon Applicaurn from f rmetaing In substen9al conferrer wed Me Alf -Built Specifradms pertaining theaM 14. "Force Majeure Events is defined In Section 30 of to Agreement 15. "Inidal PrOject SChdub" Is defined in Section 32 of the Agreement. W. "Idemnted Matters" is claimed In Seccon 13 of the Agreement. 1). "Maintenance Ma MCNone" shall mean, AM respect to any Tbmon Application, a computer sabres Change to wnect an Error In, and Integrated Into, such Tiburon Application, but Mat does not alter the functionality, of such Tlburon Appl'IcaSon and that is provided M the Client alley Me Client's ccaptance of such Tiburon Appilcetion in accordance with the Statement of WoM under the Support Agreement relating N such Tiburon Application. 18. "Mllwtone Payments" Is defined in Section 5.1 Mede Agreement 19. "Milestone Payment Schetlule"'a defiral in Section 5.1 of the Agreement M. "Object Cots" Phan mean computer. programsassembled or Compiled from Source Code In magne5c or electronic binary loan on Mall mel whch are readable and usable by machines. but not generally readable by humane without reveremassembly reverummpilmg, or reveres - engineering 21. "Pricing Summary" Ie defined In SacM1on 51 of the Agreement 22. "Project Manager" is defined in Season 71 of the Agreement 23. "Proper Schedule" Is del In Section 32 of the Agreement. L. "Resolution Schindel is defined in Semon 11.1 of the Agreement 25. "SO m License Agreement" shall mean any sahwere license Agreement between Tbumn and dre Cirent delivered In Accordance with Section 9.2 of the Agreement pursuant M which Tbuon grants a limited license to use any of Me Tiburon Applications In accordance AIM Me home and concerns thereof, as Me same may be amended or othenwse modified from time to time by wnden amendment signed by both somas. 28. "Source Cd✓' shall mean computer Programa Ariden In higherAevel pmgammng languages. metimes accompanied! by English language comments. Somme Cede is InMllgible W trained programmers and may M tanslated to mject Code for operation on computer equipment through the process Prowl V. "8tatemmmat Work"Is defined In Semon 2 of Me Agreement 28. "Support Agr MM' shall mean any suplyd agreement bMwaen Tlbumn are the Clgnt delivered in accordance with Section 17 2 of for Agreement puavant to which Tiburon provides ededed support for any of the Thumn Applications in apamance with Me terms and consul thereof, as the same may be amended or enormous modified from time b time by w i ten amendment signed by bots pames. Page 2 of 3 risen lm con Aare Emma r. bung 141001 TWmn, Inc An nahil niz m Teuron 6 a rgill 4vmm O, 0 CumuU CoryarNon 23. 'System" shall mean the Clients computerautomated system beco ing of Me Tiburon Apartment; combined with deliverables specified In Me Pricing Summary to be delivered and Installed by Tiburon under the Agreement, including witlwut mutation servers and cover computer and netwood tandems and equipment operating systems, any database or When Mind parry aoftware products, any PC or When workstation equipment having access to any of Me Tiburon Applications, any communications inkrkces and any will nothing and connections. 30. 'TMrc-Party Produal shall mean all movers and mail components spen6red in the Pri Summary and delivered by TMumn under Mas Agreement far integraton Into Me System either Man the Tiburon Applacatons. 31. "Thind-Party Software" is defined In Section 9.3 of the Agreement 32. "Tiburon" Is defined In the preamble b Me Agreement 33. "Tiburon Application" shall mean each software applicaton developed by Tiburon and delivered W Me Chen under this Agreement and in acomande am the As built blasphemers relaeng Ma ce Including all Maintenance MMNcalons defined all Iminative Woeks Mmeof and all relates Commerial M 'Tiburon Confidential Irrfomlation" is defined In SxUon 102 of Me Agreement Page 3 of 3 spur, lmlaemen4uonapwrem EL�NX I. pe0neims ceroe Tmuron, Inc a. ronu resan.e re.m"e. np.,Ie�we.m.a aeo-on.bm. ewooreno" EXNISR2 To System Implementation Agreement STATEMENT OF WOW This 4bibil is abached to incoreorared Into and forms part of the System Implementation Agreement, Men! 20_, between me Client and Tiburon (herein moment to as Me'Agreinthe . Capitalized terms usetl Irerain shall have Vat deletions and form In Me Agreement unless direness de(mM herein. In me event of conoid between me Roma and condition set torn herein atm Moi set fond In me Agreement Me terms and conditions set fond in the Agreement shall prevail. Page 1 of 1 syatemlmpemnlvnonegimrrem e,.,en a sl.w.mavro+ moos *aemn, Inc, As Mrs; refeiv.ene,ro, a. mam.r.e h.x.,.m of Mori cememhn City of Fromm Fire Cepanmenl City of Fresno Fire Department Statement of Work (SOW) For Tiburon FireRECORDS System "115M Coy of Fvno Fie, Cvpammpm Table of Contents 09/15M PROJECT MANAGEMENT COMMITMENT _....... ................4 TASK PROJECT INITIATION MEETING 5 TASK BUSINESSPRACRICEREVTEW 6 TASK) FINALIZERARDWAREREOUIRENIENTS .._ ......... .........7 TASK4 PROJECTSCREDULE ....._.. _.. _. .........._. ..............a TASKS SOF AREINSTALLATION Y TASK 6 APPLICATION SYSTEM ADMINISTRATION AND CODE TABLE TRALYING.... 10 TASK APPLICATION SOFTWARE CONTIGURATION.._..... _.. ___....._....._...._.__. 12 TASK SYSTEM INTERFACES DEMONSTRATION....... ...._.._ ._.._..❑ TASK APPWCATIONSOETWAREEUNCTIONALDEMONSTRATION........... ..... ....... 14 TASK10 FIRE RECORDS APPLICATION TRAWN`G 15 TASK 11 CUFOVER ... .......... .. ............... _.. _. .._._.. 16 ATTACIRUENTAI INTERFACECONTROLDOCUNIENT.. ...._._ __...._17 A.TIVIECNCADTOFRERECORDSIMERFACE.... ..... ...... ......... .... ..... ............... ...... .......................... .. 17 B.TELESTAWIMEFEA( CONWC,MA➢ONVMSION2.7.5................................................................... 18 ATTACD.NENT A2 HARDWARE CONFIGURATION.................................................................... 19 Pa&e 2 of 21 City Of Fresno Fite Ccpari INTRODUCTION mneme Tlus Statement of Work (SOW) defines are principle activities mid resp rro ibili ics of the Fresno Fire DepannKm on hibiofthe City of Fresno (Chest and Tiburon. Inc., ffiburt for Be implementation Of the FtreRECORDS Plbumn Application (the"Pratecf9 defined below. The FneRECORDS Tiburon Application thowriMl below will be deployed in a Wintlowsno environment. Statement of Week tasks may, not always start and complete in a.aeyuemial manna, but my overlap. The completion and acceptance of any task is not contingent upon the completion of apremously defined task =less spedfically, identified. The FireRECORD$ Application Version 2.2 to be deployed in accoNance with this Statement of Work includes'. National Fee Incident Repurang System (NEDIS) 5.0 Reporting Personnel Management Personnel Ramer • Day View I Dug View (Day Book) • Sunni Reports(Repon Manager) Training Manegerrmm (provides only miNwl sctieal summers) Prosecutors Manngemenl(inclading Cecupvnies, hopections and HazMatl • Hydrant Management Asset Managemem Third party CAD interfere fnssnmee use ufTiburon APD Thhd pang delisted interface Page 3 of 21 Chyof Euro Fire beMnnwm 03115109 PROJECT MANAGEMENT COMMITMENT Client and Tiburon shall each designate a project manager to oversee the Project and support the following: Tiburon Respond liili4a: a. Maintain Prgecv cummaicadotu with the Client Project Mavager. b. Schedule, coundunim and faciliute all Tiburon staff, act subcontractor well to ensure Projec progress and completion in accordance with the Project Schedule. c. Conduct stmus meetings with the Client's Project Manager as requited by Client. or Provide responses within ten (10) business days to Client inquines. Prepare and submit a monthly Project statue report Nrt itlendite.UM activities of the previous monthc as well as activities planned for the current month. Those repons shad be delivered o0 later than the tenth (ION) calendar day nfeachmonth. Client Responsibilities: a. Maintain Project communications wit Tiburon s Projttt Manager. h. CmMinale andfucillule all appropriate Client staff. and third-perty(vendan and/or agencies) mEbm, so as not to un ede Proper pr igness and completion in accordance with the Project scluduc c Participate in status noting; with Elation Project Mmugn.. d. Provide respanses within too (10) business days to Tiburon inquiries, and document submittals. Provide Tiburon (Cisco) VPN remote access including high speed fTl (15"mbls) or greater handwilft Access to Client servers on Client adult) must he attractive, including but not limited to FC Anywhere, Rename UesMop. VNC, temet, secure shall (ssh). vW application - level TCPM socket connectivity as determined necessary by Tibuton. Accesspmvidedto Tiburon must include local administrative comm) of all savers Involved in Tiburon implementation. In addition, Tiburon requires the ability to dynamically uplaaddownlmd files to Ne serwo(s) without thirdpany intervention. r. Make available workspuce at Ne Client's Prject site fee T Wont s Fljat Manager. This spire should include a desk and chin and electrical mmermar s. g. limam¢Iephones at the workspue and adjacent w Ne renwl professor for the duration of Project. Tiburon will M retportible for all TiburoninitiatedlongAimnmebarges while on-site. Page 4 of II Cry of Frisco Flee Qepanmvm WII9Ctl TASK PROJECTIMTIATIONMRETMO Task Description: A Projm Nidation Muting will be scheduled on a inwardly agreed -m dme and coni by Tiburon. The objectives of this Maine sneering are Client and Tiburon persomei maoducuom; Review Project described in Ws Statement f Work. Review Client and Tiburon roles and responalbilldest Pntablish a clear chain of communication and aulhodts.. Review haual Project Schedule: AM Review the process, agenda, and the rosomce and schrdohnst requirements Tiburon Respon flail s: a. Coordinate with Client Project Manager to establish a sclai and Agenda for the needing, b. CAndunihe Rojeulaitutwot Mating. c. Driver (l) ant elttwrvc eample¢ ser of hosanna speciPcantia dnmmm6 for the Fm RECORDS Tiburon applkation listed above. Client RapomihWtks: a Conrdinale with Tiburon PmjectManeger to cselish a schedule and agents, b. A.csigneppmpnste CGrmtpenunneltoamt mdpardcipate. Completion Criteria: This task is considered complete when • Projen Initiation Meeting Fos been held; and • Baseline .specification duumantatiun fm the FneRECORD$ Tiburon Application has been delivered. Task completion is subject to the Chair S sigmtme an tie task cumulation letter prem user by Tiburon upon complcom of ell Completion Cni above. Pare 5 of 71 City of Few, Two Department TASK BI Tank Deserlpllon: 09/1508 The Business Practice Review is a process of evaluating Out Climfs existing business practices no conjunction with FueRECORD$ Tiburon Application functionality. Client and Tiburon will mmt(for mostinum of two Ql coatings dais) to review the busebue dpmificabom dmumentation for the FueR ORDS Application. Key objectives of this mating am to promote understan&ng of synern funmonaiity and identify product configurations requismems. This pros will enable fire m e Client idendry, any cutting operating policies mNo procedures that entry hedroppedto acoun to FireRECOROS Tiburon Application functionality. Menem ResponalblliRm: Utilize, the baseline specification documents as a guide for restaurant of FireREMEToi Tiburon Application functionality. L Oxumenend deliver the baaline Application Configuration Oucumem This document contains tables of configuration information (in Excel workbook form) that will he used Iyer (during Application Code Table Training and afterwards) by the Client to nater Ne information. The BPR will explain the use of this document. Cams RespotsaibBid®: Require participation of appropriate Client ball with operational, policy, and procedure expecone and decision inuddin authority, to analyze business practices in behind to the fnncdonnllry of th< FireRECORDS Tiburon Applicator. b, Porde peninent informninu, data, records, and documents, and nuke mnfigutation decisions for the F1sRECORDS Tiburon Application. t. Provide spec5ntions and definitions for all interfaces to he delivered. of Provide Tiburon all necessary infomwion producing m this interfaces. Completion Criteria: This task will be complem when the Tiburon has provided the BM and delivered the, baseline Application Configuration Document, and if subjem to the Client's deadline on the last conscience letter pmsmbad by Tiliman Task completion is random before Tibular will proceed with tiny buffer project wors. Page of 21 City of Isrtes. ire cep^toren MOM TASKS FINALIZE HARDWARE REQUIR£.NIENTS Tnsk Deserlptlon: Tromso and the Client will validate the system hardware configuration list in AtWeingir t A2. This list will be uhlis4 by tion Client for procuring the system hardware and third party sohwal companions. All such items shall "cleared to support the Project Schedule, Tiburon Responsibilities: Provide find list of all hardware, road party software, and thad pony seances. requved for this project to the Client. Client Responsibilities: an Provide, upon wqucst. infmmmion on wing hardwuelsysmm saftware components goal terminal nenvols, as well as projected utilization vaoi lics and tither inf tion as may be reasonably required m swinging fivd hardware remdrements b. firearm yuipmmn C. Entire that all Nuipment can be physically installd in equipment motors). d, Install Handwrite Completion Criteria: TNs task is complete when Tiburon has provided the fined hardware configumdon dmummt, and is subject to the Client's slgnrmra on the task completiav letter presevtetl by Tiburon. Nmur<ment and installation of the hardwarelsohwrre is not required for taAeeompdelion. Page 7 of 21 Cry of Fission Fve RPunment 09/151IR TiaSR4 PROJECT SCHEDULE Task Oesenpdoo: Develop me Project Schedule and define the inteWepende cies among tasks. Delays in completion of Client tasks may remlt in additional coat to the Client. Tlburm Respumibilifics: a. WodwtNCbmtmdevelopOe Noted Schedule. b. Deliver the Project Schedule document for Client reviewand approval. Client Roisonslliaees: a Work with Tiburon to developthe Rjecl Schedule, b. Review as accept dm Project Suitable, Completion Critmda: This tad is complete upon Client's wrinen aucepun<e of Ne project Schedule and is subject to the Client P signature on the task completion letter presenter by Tiburon Page 9 of 21 Liv. of Frvnu Me aplomcm Wllsms TASK SOFTWARE INSTALLATION TakDescrlption: Install System oomadc m3uited on server to mpqut software configuration and hmunslntion of the FmRFCORDS Application and interest Tiburon Responginilitla: a. Install primary FirdRF.CORDS sidware and configure diabetes. b. Provide masterminded to flit Chiral on how to install me FeRECORDS client on workstations. Client Repontlbitltleb': 'Me Client will Procure, inventory. and install IM1e Claim produced hardware configuration and operating system. The equipment to be installed Will be soffit to support wtial mftware insulation, application program configuring, initial interface developmem, and rating activities. b. Provide a and adequate far the imullation, opervtion and maimableve of all computer aM workstation equipmem. Provide all communication lines, modmis. hab; mutes, cabling and oNtt components necessary for system operation and m&mmavae that are not provided by Thorne. d. Assume responsibility for any modifications to any finwmre as requited for worimmon npermion and m onlemnce. e. Assist want fire inuallatina add verify opetatioh of interfaces to any Clientgmvilml networks. E Provide TCP/@ communications support for eery existing networks, workstations, and pintem IM1e access the FmRFLORDS Application. g install and loot alt femme worldho ons and communications equipment add install the FideRFCORDS client an all werksatiom. Comptent CHWAR: flay task is complete when the rysmm nomination is insiders], and issubject to the Client's sigsmre on the task completion Iete,Pins°nWd by Towron. Page 9of 21 Cltyaf Frun6lr"Depu4ncv 09/15M TASR6 APPLICATION SYSTEM ADMINISTRATION AND CODE TABLE TRAINING Task Dewrlptlon: Tiburon will pmvidc a somple set of tesNmining flies and deliver p u uction del tables Tbtwn will train de Client staff in the entry of agency -specific data. All tmirnng courses will M conducted Monday through Friday between the hours of 0" and 17(* PST. Tiburon and does Client work to define and implement the configuration of the core Females of the applicaiioo. Core futures implemented during Nis phaco include: Tiburon will also provide System Administration boning during this periW to metals Software installation Client installation Colors Trouble shooting and technical suppod Barium and recovery procedures Aooliotion Svstem gdMNelnlion and Cnde TebM Tre'n' AdudnistratioNSupWrtt Trulninghunns Section llnLmmn Numirer Duration Parturition W (Unrest IN Sminva ®O� Peg, 1O a 21 Depamnent Rofile Roder Personnel lnformntionSystem Security in assist Client in being NonMordentD lasudmenl Cedes HM compGanl • Appmmuri and Assets Information Occupancies and lmspectioor WMS Training Managerfent • Swimming Swing Premise Information • Incident Related Missourians CarlosHa • Mn z t Application Pound • Hydrants Day View / WLR View (Station jj Tiburon will also provide System Administration boning during this periW to metals Software installation Client installation Colors Trouble shooting and technical suppod Barium and recovery procedures Aooliotion Svstem gdMNelnlion and Cnde TebM Tre'n' AdudnistratioNSupWrtt Trulninghunns Section llnLmmn Numirer Duration Parturition W (Unrest IN Sminva ®O� Peg, 1O a 21 City n(Prezro Fir, Department 196uaan Resporrdhitities: a provide a marine wt of construing area. It. Provide one (1) point -wady muster copy and one (1) CDROMfor rot mining arnmem is for Ibis task no less than ten (ID) days prior to oalmng C. Conduct Application Computation Document (Excel Workbooks) ramew on siteat me Client location for one day. provide Client wild rmomtrmntlatirm of any changes oozed. d. Receive Olient-uptlmed Application Configumtion Document and main data into the Training Entrance, Client Responsibilities: J, Designate commerce aim[ staff to te¢ive training. b. provide a single clasmom facility, that will m ommoM¢ ell smdenn. The clussmom hi must includee computer pmjmiu, am computer workstation for the iauui and computer workstation with the FIrcRECORDS client installed fm each Client paNcipam. c. provide me paper copy of the traumm maeeaL for each soul Completion Crtferi This task is complete when me training courses hoarded above have been narrowed and is subject to the Client s supreme a on the was completion learn preammd by Tiburon. Pow 11 o121 Cry dFo nw Fm Owpsnmem 0135" TASK'1 APPLICATION SOFTWARE CObIPIGIALIUON The Firpil ROS Tiburon AppGcauon software will be confgurtd in accordance with the Application Configuration Document (Excel workbook files), once compltted and submitted by due Clem. Tiburon Roponddptix: +il Configure FueRECORDS Tibamn Application software in accordance with the Application Conflgmation Document provided by do Chain Qient ReaptmlbWlka: Respond w all questions that arse throng system configuration within am (10) Wanness days to roil impacting overall Project Schusi provided that the quesdon(U can lamentably be answered radical such time fame. Cnmpleuon Collector This task is complete when Tiburon ceNfka the FbeRECORLIS'fiburan Application is configulad. and n subject to the Chem'a signature an the lank completion leper presemcal by Tiburon. Page 12 of 21 City ol'iremo Fuc Deponmom 09115Ntl TASK SYSTEM LYTERFACFS DEMONSTRATION Tack Description: Install, test and demonstnm the following interfaces as named in Attachment At Inairface Control Document, moseltN and ircvryomted herein by reference. a Tn'fah CAD to fueRECORDS (Assumes Tiburon API) (Attachment ALA attxhed and ncotporeted herein by reference) b. Telenaff Interface Configuration Vision 225 (Attahment A1.0 attached and incorporated herein by reference) Tiburon Rnlwnobiliti®: Test interFece to demooalmle conformance wird We In¢tfnce Requirement Sµcifcalion and Interface Conflgmcoma Document, 0. Oemonalmlelmer(arNs)IO Cliwl. Client Responsibilities: or Asolne responsibility for any hardware, software licenses, mudi( tinny or additions to any systems nut supplie4 msselN tested, car Seemed by Tiburon. b. Act as the tussis between the maimmea and third party vendona rmaired to support Dose interraces. r. Provide Tiburon with the physical corrections frr each inrerfaze. to emble Tihoron es test the fanaionaliry of each interface in an appropmen d. If the interface(s) we currently in opevatiaq it is Me CI vCs responsibility to disconnect mob of the interfaces (ram thOperations] environment o facilitate Inmrfaa boiling. e. Document all discrepancies. Completion Criteria: This tank is complete upon demonstrable of CAD umskning appropriate matt to FIrviTCOROS, and demonstration of Telestaff vociferant; importance tiara in FueRECOROS red is subject to Client's signature on the task completion Imarpressnted by Tihufon. If Third Pony is nm may fm r reuoo not Na (Sint of Tibumq Isis Task will be completM by Tiburon remonstrating Tourist's portion of Ne inmrface only and is subject to the Clienfa sitim re on the atsk completion letter presented by Tiburon. page 13 of 21 City of Frtsno He 13cWtiem TASKS APPLICATIONSOFTWARE OWI108 Task Eecriptlon: Tiburon will demonstrate FireRFCORDS Tibumn Application wf(were fwnioneliry in acpofdbnre with Ne Application Configuration Cocumem and baseline dmumematin2 Tiburpn ResponeibiliRo: R. Conduct a four (4) hour funadonil demonstration of the FlteRECOROS Tiburon Application at the Client facility. Client ResporabJitia': a. Provide worknations m auppon Tibut functional demonstrated b. Witness the functional&vmtutntionpl. C. Ensure workstations running Fi eRECORJ 5 Tiburon Application ace lamed at each workspace aM have access to the following: • ClienlsSymem MS Once • Piinl Semens Interco Completion Criteria: 'Dig task is compleb, when FoRECORDS Tiburon Application roRwao furxtionx have hem demonstatar to operate in accordance wish the Application Configuration Dow(rcm, and is subject to the Clients slgnamre on base mak completion Inner presented by Tiburon. Minot deficiencies will not prevent the completion of this it page 14 of 21 City of Fresw Fie, 0.yenrrcnt cal TASK 10 F I CORBS APPLICATION TRANIl Teak Description: Training will be conducted at a Oiem facility. All veining courses will be conducted Monday through Friday between the hours of own mad IiM PST. Fxh clear bay is up to g Mars. Tramthe-Trainer Training on FircRECOR IS will net cummevw until Application Software Functional Demononnum work is complete Tiburon will fracroideA licebon Diameter to include: • 8FIR5 aTraining afternoon • Veraonml Memgement Prevention Management Personnel Roster Hydrant Management • Day Back Asset Mvugement • Refund Manager I it( R[J( OROS Application Training mosadma suburban or Sessions Duration we Swoharm 1) kVS Si Applicedon Tmimbhe-Trainer 4 10 I SQL Reporting Training 2 A I FollowUpTurning 2 10 1 Tiburon Rnponrlbllltln: For much of the banning courses descnMd above, Tiburon will: a. Provide one (1) printreadyounce copy, and one (1) Co -ROM, for the motion materials m less than ten (10) dayspriormtraiNng. Client RnpomlWlilin: Fri of the coning courses described above, Ne Climb will: a. Complete final imaO (orcMnga) ofagency-sluific databe.. crime cables and perimeters). b. Assign personnel wtW basic Windows motors skills to receive wining. Number of course mentlws well not exceed Ne class slaves, named in Ne cables above. Provide a suitable classroom fazilict with computer workstation equipment for wash pwcipant in the coming session and a computer warcesdadmn fm 1M wstmnmM be or. The room must able to darkened and include u projector as well as a whileMard or open velem d, Provide one (1) set of voting materials for such Author. Provide end over common for all remaining Client personnel in accordance with by Project e Sclisme. Completion Crilerle: This task is complete when Tiburon has unsecured all Ne schalWed paining and is subject to the Clients signewv: on Ne mak completion labor Prepared by Tiburon. Page 15 of21 Cayofinewo fire Mountain encs" TASK 11 CUTOVKR Tesk Description Tiburon will assist din Client in planing the foiseRECORDS Tibmnn Application in operational Hams, and support the Cheat with onsite suti for up to two consecutive days, nor 10 excred 2 hours per day. Technical staff will provide remote support. The Client may wish to delay We cumver of specific subsysm ns or modules, W1 such delays will nes preclude Tiburon from proceeding with unsecured maks. T'ibumn will support the cutover of those subsystems via remde screw, System maintenance w0 begin when TIWpn's staff has Io0 the Clientsite proving power Maintenance, fireowe will be issued own completion and payment is due within thirty buys of C'llenl s receipt of invoice. TWaroo Reayuvsttilltlea: o. Notify the Client when the FiteRECORDS Tiburon Apphcadon isrcsdy for live prvtlutlion dous. b, Mundartheoperation of the FireRECOROS Tiburon Application for up in two (2) consecutive days. If Client slaves to delay cutover ofspecilc subsysmme or modules. Tibmuo will support the cumber of shore subsydems in modules via rembe acc as. 0. Assist Client staff in odlizing and. supporting the systemis). d. Posit it Ne Client is entering Technical Support Requietf(TSRd ata use of the Tiburon Client Technical Support System (TCS) and Client Support Center (CS(i Complete the accretions to the Master Support Agreement (fa hiblt t to the System Implementation Agitations) and deliver to client for signature. f. Complete the atmTmems to the SuRwme License Agreement fExNbitfi to the System Implementation Agreement) and deliver to client for signature. g_ Begin Maintenance on day of Cumver and issue invoke for Maintenance. Client Respomimui : a. Begin operational use of the syssenumf b, Sign and dam the Client approved Master Suppun Agreement included in the original contrect, with Ne new commands, Sign and date the Client approved Software License Agreement included in the migimal mnvazt, with the new anwhmenB, Capitation Criterion This Wait is compleq when the MraRECORDS Tibunin Application is placed in live pruduchon utterance end is subject to me Client's signature in she task completion later prepared by 7 marine. and Chair a reenlist of extended attachments for the NSA and SLA. Client window on MSA and SLA is not necessary for completion of this task. pore. 16 of 2l ATTACILNENT AI INTERFACE CONTROL DOCGIMENT A.TRITECH CAD TO FIRERECORDS INTERFACE M, Dor+l SOLUMESUL Awa ink Coot D,,i® Hadwre Cmfigunu, «6 CAD to 151mliM The T11T11fi CAD (IF mRID-ORDS dam nanam h moms, rD uansya Moment utl o,I dam The Earlier may mobs wba Is eusmmady Awwn ss the FiNiECORDS lidmiraee Summary CAD Web Smile, Adaptr. the FimRECORDS SQL Adepwa or the FireRECORDS File Aill This pieces, does nor query Me CAD system diaenly and rete,, upon We CAD sysre o diInfIrmar n in a lwImi and lmmar nimble m Me selmWadup¢c Tlhwon System CunanWy FrzRECORDS CAD Servimrinmrfennfiwarz the'FlreRECORDS Iwnlam CAD Web Seri Adapter, IM1e Fi2RECORHS SQL Adapter, or Ne FImRECORDS File Admin, CAD syMm must place data MUMME; a m ahW appmpda¢ for Ne chmen aduprer • FmRECOROS CAD Web Service Adapter -to a sale Ervin using a EMEi Sypem FimRECORDS aml schast Toler(are FirraRECORDS SQL Atll- mro SQL ti of e,p,,fi,d Fr,RECORDS xMna FimRECORDS File Adaphi intoaOxed lmi file within, locallybmed antler. which Meme ampoer is unegund To WIL CAD System most place dna wil n melnM appmpriam Rrt IM mossen adapmr. Pubmh • FireRECORDS CAD Web Servide Adapter - FRED FimRECORDS SQL Adapter -Any nphle If comemoo and Mi mi with sql database tables. FlrtRECORDS FF, Adorer - An mance of If lanmen✓lnmfer. Tihmon Hardware No spxial hardwared rcyuisu'athr Wooin,two*conne nate me Tri ech CAD Interfere yvamm am anetwml mnnemon m NO Flrt RECORDS System, Pmuide %SD Iv web mrvim affil 1f hi m ftd, provide sample SQL Wle if SQL AdnPre, it those, mole]. Tihmon Tats Insmll it.... ndnpmr, mm FueRECORDS Mempe Fraesna Configum and test Adapter aM mmmpe pradwr lm proper receipt and handlio& of mm ,gas From CAD. Client TmYa Pryvide choice MF,i If ming Fit, Adnpmr Inside briut to be III in Rel File. Comments Dmermimno, M wben the UM is nmsfint and the nue of We imidam when SuNhired is dmvmined in Oe OAD System rot We FrtRECORDS mmmi M, Dor+l SOLUMESUL Awa ink Coot D,,i® Hadwre Cmfigunu, B. TELESTAFF INTERFACE CONFIGURATION VERSION 2.7.5 Page 18 ual Suiememofw,a InuNea Coniml �xummi @ HWwnrt ConOgurvnn ATTACHME" A2 HARDWARE CONFIGURATION FmRECORDS generally requims t u e mrvers, Onerach to perform the following functions. Didabse Server • Applica antl Miwowh Inmmet Infommmtiou Services Server Comm ncafonsllnt<rtmx Server System remittances ter the database server supporting HMRECOROS ere: 7plml Ranee Mehl Dell PowerrFdge 2950 M. IIP Proliart DL380-05 or similar Prasmr Intel Soon Quad Core processor at 2GHz or faster with 4MB cache or mare: and Im6MHz Front Side Bus or flaw OpeaHag RTa� Miro csoh Windows 2003 Server Standard Biiticn with Miwosoft Interior Infermafon Services installed. Can oplionally, use 64-bit Mabre3yq® "mosoR SQL Serve: 2005 with SQL Suver Analysis and Reporting Services installed. If using 64-bit version of the Operating System use Ih 64-bit version. of SQL Server. 4GB u the minimum memory, recommended for systems reinvents Mm more than 7 Mations useful mom than 20 workstations. 2GB is the minimsupported. If using more them40B use Inc x64 edition of o W ndows Suver 2003 Standard, 9brye Dual channel RAID connotes Hou But Adapers If an o plexternal aongeemty or Storage Mea Network (SAN) i deployed) Hart Orals • Two 720B configured as a RAM l army for OS. and comfort sofrwam • Four72GB configural as a RAM5 may for the damhuse. • Two I 460 drives,,figp,,J SAID 0 set for disk-to-aisk database backup. As an option external smmge or a Storage Arca Newark can be mod. OpIbI Od¢ CDROM or DVD drove VGA (BW x 600 pixels) or highs mw1mom vides adapter and display VMm (or combine control of sewers through an offered mull -port KVM switch) PeiphetRVBatlmp Kemboara me Microsoft mouse or comfafble paining device (or brie con Vol of servers through an opfanel mala -pm KVM swi¢M Tape Backup device or Eatelpnse Backup Solution with appropriate software. In personal. Tiburon eras Symanlec Backup Exec produces. Peg, W m2l Scorns of Wah hn,rtue Cutout Dawson& mmy ve CaofipmNor System requirements for the servo- operating the FireRECORDS application and ITS are: Tgpltal Se�aMddN Wt will work wife each client if mere is mealsr preference. NdwwMq Network ampler appropriate do co micting to the Climes Ethernet - bossed local arm network irSraemcnve; IW megabits per second OperatOperatingSyftrm (Wps) or faster connection recommended; TCPU protocols enabled. Terrorist centaurs optional. OIKVC®poemp NET framework or Microsoft NET Enterprise mardled. Wirip, SymantecpcMywMre Host and Remote System requirements for the servo- operating the FireRECORDS application and ITS are: Tgpltal Se�aMddN Dell PowerEdge 19M Ill. HP birdman DL36PG5 or similar Rve®oe N¢I Xeon Quad Care processes at NOH[ or faster rim dMB cache or ad ICE6MHz Front Side Bus or faster OperatOperatingSyftrm Mc soft Windows 2W3 Server Stender! Edition (32 hit) wren S iomach former InformationServices add Microsed Message Deciding (MSMQ) installed: a sufficient quantity of Client Access Licerveti (CAI.) to support urnr access by ell client deniers or a poroasor license. Mm 2 gigabneDB) ofRAM or mare $Wye RAID wmmner NasE perk Two 720B SAS Herd Disk Doves cannguredat a RAlDI carry OpHml Orlee CD-ROM or DVD drive Still VGA (Sir x 60) pixels) or higher resolution Noieo adapter and display for combine control of so o m thorough an optimal multi cost KVM switch) pilpherYYBkdmp BeyWtd and Micerseft mouse or comparable forcing dewm (err combine conral of savers Through a optional multi -port KVM switch In gmnal, Tibomn uses Symansc Backup beer remone agent m support Wckup of thioserver across the mtwmk her will work wine each client if Thee is summer preference. Nelnwldq Network summer apprmprime fav conneirobt t9 the Clients Ememet- based local -surer network iMrastmcture: IW megabits per second (Mops) or!aster concretion recommended; WHIP protocols cabled, Tamed adoptee opdoal. Ouster f.®ponWk .NET fromewoM or Micmmft.NET Enterprise installed system requirement for Ne server opmating the Hu RECORDS communication and inerfue,server are:. TypblBmvl Ma&1 Dell lemsefoleR]W, HP PwLIat DLliB or similar Pr¢seoe Intl P6 processor at 2.33GHz or faster, sWMHz Fmm Side Bus er Nr,2ud]I Inwda, Content Decorum b HrNwx CmfiewnW eµ,21 aril wmk ho,IM, Colon�maa& Bam.we C"llisotw, fester. Optional Co¢2 Duo processor at 19WHp or purer. Qpzftsy ea MicrosuR Warr 2003 Server Stmdartl Will= (32 bit) with Micr soft Internet Nformeoon Servicne and Microsoll Message Queoing(MS.MQ) installed. MamaO 1 gigabym IGB) of RAM (minimum supporteA). or higher (2 GB nomannumondmil Starape RAID conoolkr Ell OW Two 72GB Hard Disk Drives configured as a RAIDI army (SATA, SCSI orSAS) Ufie CD-ROM or DVD drive VMw VGA r81M) x NXI Pixels) m higher resolution video ethernet and display Our combine control of servers thmngh an optional multi-pot KVM ;tor) PrslphuaWBrYvp Keyboard and Microsoft income or compatible pointing device (or combine conhol of sirvers Brough m optional multi pot KVM switch In general. Tiburon uses Symant« Backup Ecce monsoon agent to suppun backup of this server across the network, but will wmk with each client if there is another pmferen IVNwor" Network adapter appropriate for cmracting to the Client's Ethoccon based lMal-arra network whastructure; IBII megabits pr second IMbps) or faster comaction recommended; TCPU pmtmols mabled. Tortured atlapws optional. fRhecompoump .NET framework: or McowAft.NE1Enterprise instilled eµ,21 aril wmk ho,IM, Colon�maa& Bam.we C"llisotw, Attachment A1- Interface Control Document Tiburon and City of Fresno Statement of Work System Implememallon Agreement Attachment Ale-Telesttll Interface Configuration Version 2.7.5 Tiburon, ■ FireRECORDS TELESTAFF INTERFACE CONFIGURATION Version 2.7.5 TIBURM FireRECORDSyeninn 27e TeleSwrc Interna configuration Nollces: New publications incorporate all Met issued Mance the pervious publication. Untie: packages issued bePaxen publications curourn additional anNm Molacemmt polies, which should be Merged into Ne most recent publication of the guide. Tiburon intervals the right to alter or improve the equipment, software anchor specifications detailed in this document at any time and without any notice. The information criminal in Nis dnc could c n remained o typograpbicoe Tiburonan waives y responsibilities Incurred by anyone uside the company for labor or material cost as a result of using this document. Umom shall not he held liable for any darmi es including, but not lirri or, corneauemial, murderers] special damages or loss of profit as a result of, or in connection wide ibis document or its use. While every effort has bern made an prepare son unlearn. thorough and error fee dwumem, your comments and suggestions regarding impravernme to this user's manual arc appraiated. Capynghb All rights reserved. No pan of this document my he reproduced m my from, including phimsopying m nanslution to another language, without the prier wrirmn cement of Unpinpp0 b. avisW 2Ao8 by Tiburon, IM. FTmted in the Otnted Shares of Amens Tr Wemarlim The following are trademarks of service marks of Tburm and are registered car pending in the United States of America. Computer Aided DispatcWR000®. CAD2g . Returns Management Sysrem2fo11®, R145,10009. Message Switching System21KK1®. MSS/ROW®. CMSl2(81O® ALL other bond and product woes refuenced N Ws guide are trademarks of tRv mapbtive impwiu Publication Rirory: Publl F RECORDS TeleSmff Interface Configuration 27 February 21, 2(F)6 TeleSmff Interface Conflgari 275 April 2.2008 l' bis d.mnrcnt was printed un September 24.2M DISCWIMER: Example application screens, foram, author reports contained in this document Me repeeaenutive of the Wired. or mntlerd, forms disuibmed with Ne Puldi The armed crowns, fomes, anllor reports in use in any particular installation may lack mMmmially different Nan the samples im mined in this document. due In nunnmization and tailoring of Nott items. Thump. too. APd12.2O08 Pugei Tetit rc mIM1Im« c lmpcalroo TABLE OF CONTENTS IU. SAMPLE CCXFlGI TION FRES ........ .................. ........_L' IGA SaxsiECONFlNnnnok FILE wxTEIFSfARPRMMSOa_._. _,. Il ml sAaEuconnc Henan wx rvltSYUFPousn .__ __.. ......I: TiEvmnln. Apnl2 2009 .,I I 1 1,l3uff 1. TeleStaff Interface This gmme win help you lunml and ninnaln nic FineRECORDS TeleStaff tmerfnce.11 will give you recommittal and references abort me configuration andsemp of m FireBECARDB TeleStaff Interface and POST TeleStnrf to wore with ted FireRECORDS RMS application. Tre systems must be precisely ronfigared in work wore . Improper configuration will cause haarbor of Ne information Transfer. 1.1 TRANSFER PROCESS OVERVIEW Tiburon bas designed the FSreRECORDS TeleStaff Imerface to work with POST TeleStaff 2A and greater. Thesyerem is cuprome not compatible Anh older versions of Pill TeleStaf! no interfa¢ uses me Gateway Manager .supplied by PDSI, among the pitcher and the pull to export TeleSeff Information into an XML file. Tic FreRECORDS TeleStaff Interface consists of two windows services to capture and process me XML files produced by the catcher, The two services are me FiTeRECORDS TeleStaff Processor and me FIreRECORDS Tuneful Polder. P09's Gateway Manager acquire; data from TeIC3uf1' whenever Roger element is made, at a specified time interval, for a specifier date range an in the praised configimp oN. It then whiles this dela to a specified XMLfile, In aspecifies) directory rya in the carrier communal The rwo-FirsRECORDS services each perform a unique function. The Ponce schema XML files on me hard disk and places mem into a Microsu6 Message Queue IMSMQh for processing. The Poller Wories files from the directory, at a specified time interval set by me system admimscratm. The Processor monitors me MSMQ, pmcrsses the XML morasges, and places the information into me database. If the Prod serror. their theX message is Trips arm a recovery queue and an error ,larger wriuento de system event log. The two-FreRECORDS serviree art both configured by their cffcia files, which are files in located in me Nrectory with over esectil lee. 1.2 REQUIREMENTS Them we some na uncmenu for both me FireMORDS TeleStaff prowifece and configuration of your ToleSuff application and Gateway Manager to work properly with me FIeRECORUS Tell Theories. FlrpsF ECOROS Tinsel Nterfaee RegNional • Microsoft Message Qcal(MSMQ) .NET Fannie work vIJ 4322 or laser SQL or Windows Authentication access to the p%mR ORDS daubaae server Run as a carr which is allowed to tan as a Windows Service Micoweig Dma Access Components fMDAC) 26 or later FIeRECORDS database versionof 1.00l or later PMI Teles amd Gateway Manager Requltmhenks Telesmff version 2.0 or loner • Gateway Manager version 2.0 or later Tguma be April %3008 Pope l FueRECORDS Version 2.7.5 Te45uff Interface ConGgon(mn 2. Installing the Interface Toy section will walk lou through instillation of the ForeAKORDS TelliStaR Interface. 2.1 INTERFACE SERVICES The FIreRECORD3 Telesuff Interface can be placed an any computer But has access to the SQL Seiner Net contains she Fire[CECORDS da®muse. Ubum rmally me nerals incera tion of the intense on the Application server, in normal carver configuration, but It is very flexible' act con be instilled on any machine that mees the requirements. The FiceRBCORDS TeleStal' Interface consists of two separate windows services, which wet] to be andnd ed mparmely and wale configured. The two soros are the FreRECOA03 TeleSulYPuecmq the FireRECORDS TeleStaR PoRu. By utilizing Me Application server for these prat I allows the FirieRECORDS application oftfulfroo of ac ♦ingzv lierm turnrsaGwling an NrlimmoiitmFalnru agwtlnrecore oftNstypeof Therefore, should heruntntheningtheanservernwhille ihtoytykes being procesing time. Therefoa,amer can continue ainB she application while the export is bemB crewed. Hue tie the steps for installing the FveRECORDS TeleSufr Rrner: i. Unzip the contents of the TeleStaR Polle[vp from CompoDym. into a directors. e.g. Cdtgpoller 3. Matte sum 41 of Ne flee in she zip file arc extent into shat one directory.. 3. Go to Windows Slarl>Rom, and mol a command prompt by typing in and. 4. Register she PireAECORDS Tele5laR Puller Windows Service in she regi.st s, by typing in the fullowingmmmand: C:IWINDOW"imosofl.NFTF wuPMv1.1.43339nsr UUere r.WpollerVSPo1/erServin.ere 5. Mourn need solution nolmlWhnemd with the settings (wee IM1e C®figuration scYon). Hics, me the steps for installing the FreREC(RDS UdeguR processor: I. Unzip the contents of the TeleSUR Razssar.Lp from CvmpuDyne. Into a directory eg 3, Maakeke sum inell of sStatiles ar,anme ipfile art communist prompt N9 unedig in cru 3. Re toes me ineRECrt RDSantlaffiammmevd pmmpby lyCM in ind. 4, Register Ne FvnP.ECORDS@Iu51a(f Ptmessnr Windvtn Service in BeNmgistry by typin6 in wmmmJ. C:IWINDOWl icrosfLNEIVYomrworMvl.I.4322V=mtUnLere r:Wlnaessorl]SService.ere 5: Make sure the paths to the lnstallUbLeae and TSSemize.exe are mama. b. You will need to edit they I'SServlmere.rovhg wish do proper settings Ree the Configuration Wrier). Bit,i Le. Avrill. tiling P 7 fircRECORDS Vuycn 275 TeleE4tl lawman, COmrormup 2.2 MESSAGE QUEUES You must unusually creme me private message queues. which bosh of the windows wevicis man, before you first stets the services Use use Micrysi Management Console (MMCI to crease thion, Open the Windows Control Panel and click Administrative Teak. Double click Cbmpu[er Mavagemml. Expand Ne Services mad Applications section, and then expand both the Message Quening and the Myatt Queues. There will be a figs Of Myatt MSMQ on the machine—make sure the queue are mraheady crumtl. RigMclick MSMQ, click New red create a gcece called Le1n1a1QNreRECONOS. Checkthe Traomtlrsol Queue cromn. You den nutl to creme one more queue called rernverylekstallFireltECOPDS, but this queue duty not need no be uansactional. This sbculd cumpleve the installation of the FireRECOIUIS TeleSrff matmaw, Mae cut body the YrtRECORMS RMS database and the PDM Telebuff mummors are configured currently before starting Ne interface. mbumn Inv. FwRECORDS Venion 2].5 PdsSaR Interface Canfigsmtibn 3. Configuration The following files must In configured exactly in ran Ne interface- • Database • Teleswff lnmdece Confgbrdbn Files a I'elelaff Filer a Teleaaff Processor • PDSIGelewey Manager o Fuher o Coacher 3.1 DATABASE CONFIGURATION The caMd immunity, ne used ;boles su mears of the apo me We Ft'aRECOI1Ds aaunau must ne mmfigrea iaewnalr. Hem in. anmrrery br Ina applicable abases: All peannnel ores:t be eNeaa in Iwln avatars. TTia is aetetminetl ror Ilse Perwvlel les. If a pparm is entered Into TeleSlaR mid not into FurRECORDS. the imerfaa will not probes any data for Wu person az all umii Ibis is Exec. Wantsan consul event is written to the event log. • Saturn codes must be set up we some in botruthsymo s. The system will not function if they are onfigurcd as l,3 in Teleistaff. but as STI, ST2,e in Rr RFiCORDS. The TeleSuff Organization must be the same as the FireRECORDS Department Setup. Fm example, if TeleSmff bass District creles (DI. D2, cm), but Wse are Hamiltons In FeaRECORDS (BI, H], etc.), IM1e system will nut runctibn ebrtectly. Again, the codes mint he configured to be IM1e some in birth systems. • Units must the oonfgmN IM1e same in bosh system;. For example. If Engirw 4 a E< In ToeSteff, it cannot be E4 in FireRFCORDS, • Teleitaff Work Statue codes must M cuufsmand that same as me Fvxi E (XDS Pay carbon. • Teleglafi fob Title codes roust be configured the same as be FmRECORDS Job Role coda. The codes that art exporntl&om IeleStaff cbnespend to their Abbreviation in the TeleStaff system. 3.2 TELESTAFF INTERFACE CONFIGURATION FILES The two sonfigurtawn filen for the two wiMaws sessions are simple XML fill You will only naso to modify one or two settings in each file. Youcmgbintoasimpletexte tbrwchm Notepaatbmnke Ne overcwy stronger. 3.2.1 TELESTAFF POLLER IMm are three wirings that are available in tMmnftguredon file for the FiroRECORDS Ted Stuff Polar. They are listed and explained here. Interval -the time, in milliseconds that detmnines how long live order will wait belweem failing the dirstnry for XML files. IariredV - the absolute direncey where Ibe PDSI Greway Manager catcher will place the • genualed files. Nu ling nukslssM1inrequired. Tumm,. br. Men 2. 209 Par,I 'I"ECORD$ von3]5 TelaGames Continuum" • rename -if You are using a mUiC promise with the teacher, and it only looks for an zMt file with this filename. If you have set up your pitcher to pitch Rosters for a multiple date range, then you cannot as a specific filename (see the Telestatf CoMgwation.secdon for an explammosis 3.2.2 TELESTAFF PROCESSOR There is only one setting Nat is sophism Use configumdon file fee Ne FIreltECORDS Takeshi Processor CmmeedottSWng - a SQL server connection arcing to connect to Ne SQL daralsau whose the FimRECORDS RMS daralmse is located. 3.3 PDSI GATEWAY MANAGER CONFIGURATION The Gateway Manger is capable of exporting four Message Types for Rorer, and dl few see appeared by the FfreMOORDS TeleSmff Interfax: ROSFI, ROS02, ROS03 acid ROSM. The last Message Type conmingthmt tiNmmaUon See your Gateway Mmager dm odetails of the Message Types and also for Ne ban sof how to configure your pitcher and catcher fan her. TNs document wi l simply Mint out what Is married for cortda operation with the FIreRECORDS TeleSWf Interface. The Greenery Manager is a PDSI application-<onfiguntion turd support for the application should cones from PDSI. The FIreRECORDS interface does rest g0 gel information, but passively harms for whatever data Ne FOR gateway sends it. The configuration information for the is accident ata mentor of Orinvemence Furthermore, if Gateway crashes or snips running, all of the salmon to connect the issue is the responsibility of Will. 3.3.1 PITCHER • Set the Paging Frequency, (in momms) to cwrespend with the FirsRECORDS Tel6aff Poller's marvel (which is in milliseconds). • Be sere thatR eel Reply and Use GUID for ID are both checked. • Set the From Dote and Thm Data A single day can be palled (og. TODAY for both From Date and Them Dela) or a date range can be used D is A From Date of TODAY, and a Them Dam of TODAYaaell checks for a week's wort of Romer changes). Be Lure that(Re$end chumped is set toTme 3.3.2 CATCHER • Set the Export dlrectary m caoespond to the F'ueRECORDS TelestuH Fuller's tWlrectury. File Nurse should generally be left blank. Whear this occurs. Ne Men Nat the camber wAes will have Ne file renes, yyyy-m n dd.uch This is gmtl if you are pitching a date stage. D you chcose to enter a Fa Nemo, the FheRCCORDS TeleSrnff Puller will correctly handle it, however you must M aware Nat Nis single file name will be overwriown fer wish day that is pitched, so Wt if you we pitching a date range, you will only end up with N< final day'a mourns lion in the file. (This correspoads wish Ne FireRECORDS TeleSmff Pollei s tsNeoame.) • File Typeshsuldhestro XML Set ova hanat eassing Ble at Tme. los. spat 2. F,mRECORDS Version 2 ]5 TekSmR InterhuKonfgmninh 4. Starting the Interlace Use the Microsoft Management Console IMMCI included work Ne Windows OS to sten to windows Open Ore Conked Pool, antl do®r Administrative '1'wwls. Double click Computer Management, and expand Ne Services and Applications sooner. You should see a list of service names. Select Ne FIreUCORDS TeleSWfProcessor �cold the FUeRECORDS TeleSmtf Puller, and sun Will of Nese vervi s. Sete veeschof Neserkromeadatime. andnght click and5elecr SVK. Ther isall Nere iab9erting Nz FireRECORDS TeleSuff imerfach i( on2]S TeleSlaR lntahm Confgumim 5. Stopping the Intertme 4a Oie MiamaftMm cmrnl ConsoletWNC) included WIN Ne Windows OS to slop the windaw5 Openthe CunpOIPanel,and NenA inlebaGw Tools. Double click Computer Mamgement, and expand the Services and Applications section, You should we a list of service names. and you will nod o select the PireR ORDS TeleSmft Pmcewor and Ne FireRECORDS TeleStarf Puller. and stop both ofNewsomcm Selm ®ch of Me cortices one at a time. and light alick and select Slop. ➢act is all Verus to stopping Ne PGeREWA S Telobaff interface. tau. WI I...10(OKDS Version 1,7,5 TtlCSlff llcffl ('411fiimllml 6. Re -sending Roster Data Tauwillaud le resend We Rwtor Dale from IPe Te]6Lm fflt ve. Irc. h 12.2W8 Crt If CORDS Vc,uon175 I'ole9uH Ciro ft,a COMyurvaon 1. Installing Message Queuing IMSMQI Message queuing (also known as MS 1Q) is a menaging iafrmamivure nor envi envert for running distdbmed, )unruly coupled messaging applicaiions. It i.s alio uned a, IM1e FIteRECORDS CM Services, and the Balch Processor Services. Message Queuing zpplicariom during on source companies send sages to qaeewhere they ate temporarily Strode, rvnintarm red, and applications ng on get opulers relieve messages fwm queues. Such npplicalions cm communicate across laccrosperaccom Sari and wiW mmputersthv may beofFline temµruily-Message Queuing is administered in several MMC snap- Meiage (lesson Is not InsWI1M by defaWt dancing Windows 6eNp. Here are skeps to Denali menage queuing with independent client fractionally I_ Opus Add or reunion P oe in Control Panel, Z. Click Add/Remuve Wlndoxs Compddeno. ). In she W indnxs Components Wizard select lie Menage Queuing check Mx. d. If you want to change Ne default set of optiodal subcomponents that will be lapelled click Depots, add Wm do Ne following', If the computer Warps to a domain Red you want it to operde in workgroup made, clear IM1e Active Dllx[reary Integration each hoes. If you do act sent toi inall Message Queuing Tuggers. clear the Triggers check box. • If you intend lo, send nresauges by HTTP weapon, select he MSMQ HTTP Support check hoes. Pow: • Ta open Add or Remove Programs. click Start, poim to SeWnp, click Control Pascal, and Nen d he Active Add or Removed Comet • The Active ompuoryUxrsmd Computers eadionot Queuing availableinWindows XPHone FHiaon. To open Computer kMinManagement a(tecrosMessag[ Queuing has been insulted, rigawli[k My Computer. and then click Mavge. RreltFC'VkUS Version 3l.5 Te1e4eR lmernace Conftumion 8. Installing.NET Framework Applications and controls water lot the .NET Framework picture the FEF Framework to hi ost on the compeer where the application or control mna. The NEr Fraaework reNstributable presage i available as a staff- Wort¢ inscrutable she. lica etfx. exe. 8.1 SOURCE To oblWu We -NET Framework RectisMbutable Pudgage IJrwnload Junadt rcau at him Y b or from the MicmwR® Willows® Update W ebbe. Alternatively. your can use the NF.T Fmmewurk version I ReNstributable Package, which includes everything you need to run applicassaw developed using the.NEF Framework at hr, ju A % musutcoMdowoads/dea n[1F4tti F5gV4843-857- II3acUI P7CFtA3&miy ovIkn ,iii Fire2ECO0.U5 Version 2],5 TerStaff Lu ftwe C,egwation 9. Installing NUP The Microsoft Data Access Couresunu(MDAC) is a standard duabaseintersed for Windows. MDAC in al included as pffi of Windows 98. Window 2000, Windows ME, and Windows XP. ( Some duly Window%9S OEM systems shipped wiill MDAC.1. MDAC is also already installed on your system if you have Imemet Explorer 5.0 (or higher) or Microsufi Offia. MDAC his FREE and is fully supposed by MicrosoE on all versions of Windows. Launch the nomination execuhble aintht:/y rl�/supLnryplicnia?.cnMdel ultra tad=kM1'en us2155VJevd follow the insweions, choosing the default installation Tlkim, low. April 2. 2009 gage 11 FInR¢COROS Vmion 175 TeAsaff num%ce ConRlaramm 10. Sample Configuration Files The following we sample. scripts for TeleSlnR flee. 10.1 SAMPLE CONFIGURATION FILE FOR TELESTAFF PROCESSOR aadd 4y=ccnnsa aenat at... valve=acrvar=µorill: dataOaswslesPiraa C0a09:lid=sa: p4 /> </apPaettinge> </mms'g ratioo> 10.2 SAMPLE CONFIGURATION FOR TELESTAFF POLLER <ap Settinga> <add ka"intorval 111ue=300000 /> "ed aedd di'a,tilanau <add key=[.adirectery va3ueac: ��EOP /> </epp5et[ingea </canfiquia[icm Tbamry lea April 73004 Page 12 EXAllill To System Implementation agreement This Exhibit is poached to, incorpomled into and farms pair M the system Implementation Agreement, dabd zo external the Client and Tiburon (herein reye(red to as the 'AgRerna 1capialpad tetmaused herein shall he" the ildnitol sat forth In the Agreement, unless otheMlse defined dedan. In the event M mneict between be terms and condi ons set lodh herein and Mose set food In that Agreement, the terms and mi -i set forth in the Agreement shall prevail Page t of t sya.m rmpw,.m.e Agmem=m Isaoene.mn m�ar,yma...�..a. rmmo.n.ms�.t.,.d mo.m.macomo.om•co� s"'len a, comm P�al.asn.e�l. porzron /r»eu\ezJeabbe),j JaaPevgzcnnJ©a© � »\gJREHnB9kwPE/§\§/ !§G82§§\JalRRgl\Q�GR!§j �s�r, �. anew/eea04P• j§§\j§{\\gR2R§h§RR4q GeR9JaRa�Jea§\eAaaR2 §§�\\§§&)))/)q E/§\§ R!2 4§©B !!@�E \SRGe@GI: «ea,\•\i | EXHIBIT To System Implementation AgfeenteM This ExhiEit is attached to, incomomted Into and forms part ot the System Implementation Agreement, dal 20 glossed Me Client and Tiburon (herein rekrm! to as Me "Agreement]. Caddel ed terms used herein shall have the diemons set faith In Me Agreement, unless otherwise defined herein In the event of cnnRot eetween Me terns and condi set todh herein and Mese set of in Me Agreement Me terms and conditons set Mad In the Agreement shall prevent Page 1 of t Syms, lmolwmnlebn ApnemeM ENIMa, Mibalone FrymevtS iNub Class TEuroa, Inc All rIthis IxrveE 761 is a. rcgWaretl t,dii kofe WDynae mlw mze aa�,on 5w,1,H i5 25% Mft" s 43.075W 4 alou n� $ 43,075M S9,1155M S 5ZLIOM mze aa�,on UHIBIT5 To System Implementation Agreement PRICING SUMMARY This 1 Is aXacped to Incorporated Into and forme part of the System Implementation Agreement called ,30 , beWeeo Ue Chentand Tiburon (herein Marketed to as the'Agraomenff Capitalized terms use herein shall have the befin'llions set forth In the Agreement, unless otherwise defined herein In Ne event Of conflict between the terms and conditions set (Orth harm and those set (gin in the lgrcemenl, the terms and mnditions set MM In Me Agreement shall prevail. Page 1 of t sywm lmpem• o.yreemem s.n�ea sanaqe s,mm.n maps nw,ml, Im: au renu ni. rle.��s.ae�.w,e+u.mmaz mcamc+ern comoiu�o. Fresno City Fire Department Pricing Summary Prim Summary Torok. TbI qeaeca+eS iw,mo Grepnedia Nilinda nLI®nses ]B Qb Dream nreaeae red Sueeratamf 13150 Tamnidai and pyraa,ena Sarva®a MCI AMMEMERNMEMEaMarrMw: 1 ea..Iand Lind ,�y TW Hlaa: 1 d0o care% Soflaim Leri Sake Tae n M TNAalglene pmlmunal3arvlma6ibe iaa nri incuve.. n Ma aware n ogo Wedded rear2 annual Y . RaaLms read bveedfm 100 aware from One Eab a m.JouimenL and a dependent earn Marianne are mNinwa in He Sayekm InddemendeW n Agreement (SA) Severe LIMM meet SlA aN(M SIibTen(vINbM1 Pnun kebW an leans WUnbeSkln�vlba TlOumn, lnc. Page 1 &4 M" 16, 7W9 ||E ! ! }{ !\ {} \I! ! � , � ! ! | ). ! - ! § ! N N V d N a c m a y?R 0. O N c E a w Y m a 0 L F a a E $ p 5 g 8 6p C5c HES -va, Ewe 8 a a EXHIBIT6 To System Implementation Agreement SOFTWARE LICENSE AGREEMENT This Exhibit Is shall to, Incorporated Into and formsp it of Ne System Implementation Agreement. dated -20 ,between the Client and Tiburon(heram relemed to as Me'Agreemai Capitalized terms used heroin shall reveme detail set font in the Agreement, unless omerwise defined herein. In the event of earl between Me terms and conditions set forth herein and mase sat forth In the Agreement the game and conditions set forth In the Agreement shall praised Page t of f splen lmplanenlw.on isammes xnidl S Soll Llmme Agrament Ofsll Tpunn.lrc PIIrgihM1rmervid Teuron¢arepWereo oeoemvM of Gmpugm Wgamiu This Software License. Agreement is made and entered into as of Ma day of 2008 (Me "ERecwe Oak"), by and between the City of Fresno, a municipal corporation (the 'Licensee�, and Tiburon. Inc ., a Vinay iacorporzXon, with its principal place of business at 6200 Slonendge Mall Road, Suhe400, PI"WntOn, California 94588("Tiburon '). RECITALS WHEREAS. Tiburon represents and warrants that it has devekped and owes cerin software appGwtre sthat have been insisted on the Licensee's automated computersystem andthe Licensee tle tasro obtain a ficen urand right to use such software appliwtmns on such system in accondanre with Me terms, and subject to the conditionsset load to ", and WHEREAS. Tiburon represent and warrants that it has the right to Supposes cerin software applications developed by third panties that have been Installed o0 the Licensee's automated computer system and Me Licensee casual to obaM a subllcerree and right to use such Mind party software applications on such system in accondance with the terms, and subject to Me conditions, set for bekw, NOW THEREFORE, in consideration of the mutual covenants contained herein MIs Agreement the Licensee and Tiburon hereby agree as follows: AGREEMENT 1. Dein@ions The following definitions apply to Me kms mead within His Agreement 1.1. "Agreement" shall mean this Software License Agreement and its exhibit, as thesame may from Me to time be amended in accordance with the terms hereof 1.2. "N-BUIk3pacifluNon Documa"iShall mean, with respectto any Licensed Applicetion, the document sating form He speciNratbns for such Licensed Appllwtion delivered upon arcepknce of the Licensed Application In axoNance with Me applicable Implementation agreement as such specifiwbona may thereafter be hostages or supplemented from time to time to reflect Enhancements subsequently provided by Tiburon 1.8. "AUMorad Sering"Mall mean, with respect to any Licensed Application, Me serverlrn8fied as responding to such Local Application on Exhibit 1 attached Fargo and Interposed herein by this reference 1.4. "AuMor Site' shall mean, with respttt to any Authorized Serveq Me address and room umberrdentlfed as coraspondrng rosuch AUMmaetl Senreron Exhis t 1 startled hereabout Inmryaatetl M1mem by The reference. 1.5. "Derivative Warks" Shall mean, with respect to any Licensed Application, any translation, abridgement revision, MW&i hon,orotlrerknitinwM1hsuch Licensed Application may beraabbansbrmed. mcared, adapted or approved after a®pence of Me AYBuiX Specifications for such Licamead Application In avnrrnce with the applicable System ImpM na5on Agreement 1.6. "Documenatmn"shall mean any written, elechonicor recmbad wore Met desonbes Me use, bactiona, features. or purpose of Me System, or any component or subsystem thereof, and that published or providedmade Licenseeby Tiburon, T'Ibumn'ssub ntmdomor Meoriginalmanufacl mordwebpersofHiM party products provided to the Llwnsee by Tiburon, including, withouulmlatron, all end user manuals, riving Is, guides, program 5srngs, data mobek, Insurers mgio d rgernsm , and other materials reatd tedodor use with the System. 1]. "Effective Date' Is defined in the preamble thereof. Page 1 of 8 1.8. "Enhen aganal shall mean, with respect to any Licensed Aredicafwn, a computer program Modification erabtlition, unaligned a Maintenance Monficarron Ma[arers MelunclwHlMof, probes newfurxgms to such Licensed Appice our and that% mtegrzledwrh such Licensed Applicabon elterapceptanceefthe As -Suitt Specifications forsuch Licensed Application in amordancewbh be System unpremeditated Agreement carat Is related to a given Incensed Appl'Icetton but Stared separately by Tiburon after acceptan a of Me As-Bultt Specifications forsuch Leaned Application In accordance with the System Implementation Agreement I.S. "EmoY'sM1all mean, whh respedkany licensed Applicetion.edefecMlM1e Source CWekrsmh Licensed Application that prevents such Licensed Application barn functioning in sulstantal passably with mal Bulk Specifiatkns wind respect Marek. 1.10. 'Licensed Application" shall mean each of IM1e software applications Set and on Exhibit 1 attached hereto and Incorporated herein by MIs reference. which software applications were developed by Tlbumn and Nmished to the Licansee in conformity with the AsBuiltSpeciicatpns wild respect thereto, together with all Dervarve WohS, all Maintenance MMIOcumons and all Documentation with respect Ne ono; provided, however, that Licensed Applll'abons shall consist of Object Cotte only and shall not include any Enhancements. tet ^licensee" Is defined in the preamble hereof. 1]3. "Maintenance ModMcatbns"sidIllmsen, MOM SpeUWany Licelwed Appllcatlan,ammp" sollwmecbange to wrtM an ERor In, andIntegrated Ink, such Licensed Application, Wt Matdoes nM atter the dramonxlipy of such Licensed Application am that spread k the Licensee by Tburen after acceptance of the A"bift Speclbodons for Such Licensed Application in accordance wit Me System Impkmentabon Agreement. 1.13. "Object Gotta•' shall mean mmputerprograms assembled orcumpiled In magneticorelMronic biraryenn on software media, which are reatlableand usabe by machines, be notgenemlly madableby M1umans wrthput reverseassemby, neverxtomp hng, orrearmucengur ering. 1.14. '•Source Cotte" shall mean computer programs written In higher-evel programming languages, ometimesamompanled by English language cwnmene. Source Coders intelllgiblero bainetl programmers arM may be translated ro Object Cotte for operation on computer equipment Mmugb Me process of compiling. 1.15. "subllcemed Appllubons"shall mean Me sNMare acel'xation spaifiad on Exhibit t atacink hereto developed by any source external to Tiburon, such as a submnimckr. distributor re sailer personal computer softevere supplier or system sotware supplier, and unmarred tothelicensee by Tibumn for integration into the System. 1.10. 'System" shall mean Me Licensee's computer automated system consetig c the Llconsed Applications combined with any of the Authorized Servers; Me operating systems defined on each of the Authorized Severe, any database orotherMlrtl parryeofbwaraprabucsinstalled on any of ibe AUMprizetl5ervers, any PC or other wpAstabon equipment having access to any all Licensed ApplmaGons, any mmmunlmtmns inteda insUlledtinanyof IM1e AU om2 Servem,any renewed; communiccations equipment and any other Mind parry software, wiring, ratting add conn Arms and older hardware relating to any such Anthonzed Servers, worchanon or network mmmunlcatons Sacrament located at any M the AUMonzed Sipes. 1.11. "Tlbumn" Is defined in Me preamble hereof. 11e. "Tiburon Confidential Information" is darned In Semen s t hereof. 1. Licensee and Restrictions 24. Giant of Licensee. Subject he the conditions set forth In Section 22 hereat, Tbumn hereby theme W Be Licensre, pursuant to lde ends add conditions hereat a perpetual, nonexclusive, nontransferable cense )a) to use each Llcens fl Appllceron and each Sublicameeb Application, In Object Cotte only. on the Authorized Server with respect thereto and at the Authorized Sues with respect thereto, Page 2 or 8 (b) M Conduct internal Morning and testing an each Licensed Application and each Sublicensed Application; (c) to perform disaster recovery, backup, archwe and restoratlon testing, and implementation with respect M each Licensed Appleathon and each Sublicensed Application; (d) M make no morethan two(2) amhivalcepiesafany Licensed Application or Sublicensed Application, provided that each copy of any Licensed Applicator shall include Tell Copyright and other propdebry notices and each Copy of any Sublihansed Apptlwear shall include (ire copylight and other proprietary natives required by the developer of such Sublicensed Appliradon. 2.2. Conditioner W Grant of Licensee. No grant of any license or night pursuant to Section 21 hereof with respect to any Licensed Application or any Subleased Application shall be eff owe, and Me Licensee shall have no license or right to use such Licensed Application or such Sublicensed Application, until such Licensed Appli iii or such Sublicensed Application has been acceptant by the Licensee in accordance with Meaccepttonce terms set ford in Me System Implementation Agreement and all Ilcenselees, sublireaseleee of royalties win respect to such Licensed Application or such Sublicensed Applicaban have leen said to %it In accordance with Me payment terms set foxi in Me System Implementation Agreement 2.3. Restrictions on Use (a) The Loonies agrees to use Me Licensed Appllr'aswhs and Me Subl'Irensed Appllcatbns only forte Licensne'sown use. The Lmenau shall not allow use of any Licensed Application or any Sublicense Applitadon by any parent, subsidiareas, affiliated entries, orotherthindpaNes orallowany Licensed Application or any Sublicensed Applicabon M be used on other Man on the Authored Server at Me Au horned Site wit respect thereto. (b) Except as olhaniews specirrallysel ford in Secrlon 2.1 herec, Me Licensee shall have no right to copy any Licensed Application or any Sublicensed App baton. Any copy of any License' Appf tion lwhetber orms such Copy is permitted) shall be Me exclusive properly of Tiburon Anycopyof any Sublicensed Application (whether or not such copy is permitted) shall W the exclusive property of Me developer of such Sublicensed Application. The Licensee shall not distribute or allow distribution of any Licensed Applicatan or any Sublicensed Application or any Decomposition or other materials sealing thereto wiMout Tiburon s prior written cement. (c) The licensee's license and rant to use the Licensed Applications and the Sublicansal Applications is limited b a license and right to use only Me Opect Code hearing therein. The Licensee shah have no tonne or right with Aspect ro Me Source Code for any Licensed Pantaloon or any Sublkensad Application. (d) The Licensee shall not and shall not permit any titer party, to, make any allocation, modification or enhancement N any Licensee Applpa Wn or any Sublicensed Application unless, and only m the extent sceci sully auNo@ed by Tiburon. The Licensee shall not and shall nor Carron any other body to, disassemble, decorl or reverseangirreer any Licensed Ayplicanon or any Subleensse Application. (a) The Licensee shall noluseany Lisnsed Application artery Submerse] Appl'xal and shall net behind any tie parry to use any Licensed Apptiproon or any S.Maxineed Application, lir proceaing data of any entity other Man Me Licensee. 2. Ownership. Faceptforthe rights expressly granted Mason pursuanim Season 2 herself. Tiburon shall et all times retain all right, tire and Interest In and to each Licensed Application and all Copies thereof (whether or not parmitred), including all Derivative Works, Maintenance Modifications, Enhancements and Documentation with respect Mande (whether or not developed by Tiburon). By this Agreement, the Licensee hereby assigns to Tiburon any and all hgh6 t may have or later scalre toany and all Denvatve Works (whelps or not developed try Tiburon). Page 3 of 8 4. Tom and Termination 4.1. Effective Dale. This Agreement shall take effect on the EHMlve Dateafler(Q 1l has been fully mmeted by duly auMonzed representatives M both parties. and (ii) Tiburon a receipt Nwritten notification from Me Licensee that any de trcaGon or approval of the Agreement required by statute. ordinance, Dr established policy of the Liberal has been ockoned. 4.2. Term. This Agreement shall continue in effect unlit terminated a9 and forth under Seclbn 4.3 hereof 4.3. Taminii The Licensee may terminate this Agreement by providing thirty(30)days prior writlennoticelo Tibumnnfllslntenttodosn Tiburon may terminate this Agreement immediately tithe Lxenaee breaches any materiel provision of this Agreement. 4.4. EMCOofTermimfion. UponlerminawnWMis Agreement allbcreneesgrenbdtohe L'xanme heaundershailberevoketl Upon tenniwdon of Nis Agreement (a) the Licensee shall return to Tiburon, within ten (10) beenem days of such terminalron, all Tlbumn Confidential Information and all devices, rewNs data, arm, repor,pmposals,lists.wnespondenw.smcNcations, drawings, blueprints. sketches, materials, equipment other documents or Property relaling thereto and all copies of any of Me foregoing (in whatever medium recorded), (b)the L pinseesialI dlswntinue snake of Ne Licensed AppNabtraand Ne Subbxnsed Applicedona-, and (c) Me Licensee shall caddy in a wrlren document signed by schooled representative Nat Me marshal speaal In Me predicting daum (a) has been returned to Touren, tat all wpm of the Licensed Applrations and the Sublicensed Applications have been permanently deleted or destroyed. and Mat all use of Ne Licensed Ppplirations and the Subhmeraw l Applications has hem discontinued. The expiation or termination of tis Agreement will not relieve the Leenew of I6 obligations under Smtlpn 6 hereof regarding Tiburon Confidential Information. Tiburon herebyagrees to return W the Licensee all materials marked Confidential or Propnmary by Me Licensee and in the possession of Tiburon. S. LImB Warranties and Liabilky 5.1. Warranty THE LICENSED APPLICATIONS ARE LICENSED'AS IS'. NO EXPRESS OR IMPLIED WARRANTIES FOR THE LICENSED APPLICATIONS, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE CREATED BY THIS SOFTWARE UCENSEAGREEMENT. 53. Limitation of Lamill NEITHER TIBURON NOR ANY PERSON ASSOCIATED WITH TIBURON SHALL BE LIABLE TO ANY PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OR FAILURE TO PERFORM UNDER THIS AGREEMENT EVEN IF TIBURON HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED BENEFITS OR PROFITS RESULTING FROM THE OPERATION OR FAILURE TO OPERATE OF THE LICENSED PROGRAMS. THIS CLAUSE SHALL SURVIVE THE FAILURE OF ANY EXCLUSIVE REMEDY FOR BREACH OF WARRANTY OR ANY OTHER PROVISION OF THIS AGREEMENT. B.I. Tiburon Confidential lnbrmallon. The Licensed agrees to malwan the congdentlainy of any Tiburon Confidential Information (as banned below) and m peat such information with the same degree of care and security as B treats its own most mnfidanfial Information. The Licensee shall not, without Tbumn's poor written wheat dlsckae such information to any Parson or entry other Nan to to Licensee's employees for wnenal legally bound to abide by the terms hemW and having a need to know such Information, or you liwnee, pubbsh, display, disMbute or otherwise use such Information except as enhanced by this Agreement The term "Tburon Confidential Information" shall Include all Lmenseb Appllcetions and any other Tiburon software applications whether or not licensed W IM Licensee) and all Derivative Works, Enhancements, Maintenance Modifications and Documentation with respect thereto as war as any written Information of a confidential nature clearly Indeed by Tiburon as being confidential or otherviva intionsof by Tiburon in writing as being confidential, The Lrensee understands and agrees that Tiburon Confidential Information constitutes a vallbusiness asset of Tiburon, Me unauNodmd use ordlxbsure of which may head ay damage Tiburon. Page 4 of 8 In the event of the Licensees breach or threatened breach of any of the provisions in this Agreement Tiburon shall be entitled to an injunction obtained from any court having appropriate ryr'ISEicnon restraining Or Licensee M1an any unauthorrietl use or disclosure of any Tiburon Confidential Information. 6.2. Exclusions. Notwithstanding Section 6 1 hereof Tibumn Con erendi l Information shall not include Information which the Licensee can Remonstrate by competent written proof (a) is now, or hereafter becomes, through no act or failure to act on the part W the Licensee, generally known or available or otherwase part al Me public Domain; (b) Is ref ffudy known by the Licensee without reaMction on use pnor to IMfirst receipt of such Information imm Tiburonas evidenced by Its records; (c) Is herein erfurnisbed to the Licensee by a MM pally reme bed to fumisb the Information he the licensee, as a matter of right and without reammon on Disclosure; or (d) rs the subject of a vended permission by Tiburon to disclose. 6.3. Exceptions. Notwhdstanding banned D.thereof , dledpsureofTibumn Confidendalinformaaon shall not be preceded n. (a) such Diulosere is in response W a valid miler of a coon or other governmental body of the OntteD States or any political subdivision thereof Provided, however, that Me Licensee shall Met have given notice to Tiburon whose respomininity it shall be W obtain a protective order requiring Met the Information to be Disclosed be used only for Me purposes for which the "at was Issued or that Me information shall not be Disclosed; (b) such disclosure is necessary to establish nghta or enforce obligations ender she Agreement, but only to Me extent that any such disclosure Is necessary for such purpose, or (C) Me Licensee received Me prior ended mndaboto such dEdosure ham Tiburon, but onlylo Me extend pemtided in such consent. 6.0. Survival. unless mutually agreed otherwise In writing, the obligationshereurwarwth re rpento Meeh Item of Tiburon Confidential Information shall survive Me termination or expiration of this Agreement. 1. Miscellaneous 7.1. Relationship. The relationsnlp created hereby is Mat of Licensor and Licensee. NWMngheriin shall bemnsWedto creates partnershipjoint venture, aragd¢y relarlonsnip beMaen be pai helelo. Nether party shall have any au Monty to enter Into agreements of any kind on behalf of Me other and shall have no power or authoMyto bind oroNgatethe oMerin any mannmtaanythiN party. Tbeemployess oragents olone partyrand] not be deemed or demanded to be Me employees or agents of the other path far any purcese whatsoever. Each Path hereto represents that it is acting on in own behalf and Is not acting as an agentfor aron behalf many third Path 7.3. No WghbinniMPadi¢.This Agreement iaentem inbbffie a otefirol McMbumnaad bre Llconsn end, wherepermitted above, theirpetmlDed successors, executors. reprecenatives, administrators and assigns. Nothing In this Agreement shall be construed by giving any benefits, hems remedies coca me W any other person, firm ,corporation der other entry ,including ,without Wrichoon, the genal publ'ear any membv therech or thauthi anyone note path to this Agreement Ip maintain a sun for personal pence property damage, or airy other retie) in law vrequity In r nnegion wnh Mis Pgreer 7.3. Entire Agreement This Agreement rib farm Me final, cdmpleMandemusiveagreemenrand understanding between Thai and the Upstairs deleting to he subject matter represent supersedes all Maps. propnab understandings. representations, conditions, awarded. covenants, and all other communicators; between Mepardes(malorwrltlen)ml bNbMombjectmatrernereof. Tiburon shall not be bound by any terms or concoct contained In any pureness miler or miner tomo provided by the licensee In connection with Mie Agreement and any sucn terms and comedians shall have force or effect. No affinnafwn, representation or warranty relating to the subject matter hereof by any employee, agent or other representative of Tiburon snail "it Tibumn or the enforceable by the Licensee Unisys specifically set form in Mls Agreement Nermerpartyshall be bound by any terms or conditions contained In any purchase orderer other form provided by theater party in comachon with this Agreement and any such terms andcondoons shall have no force or effect Norifirmation. representation or warranty aphnng to be subject matter hereof by any employee, agent or other representative W Page 5 of 8 License shall bind Licensee or be enforceable by Tiburon unless apedficelly set both In this Agreement TA. Amendments. No amendment or Otter inculcated of this Agreement shall be valid unless pursuant t0 avmtkn instrument referencing this Agreement all by duly Authv¢etl representa0vaz deal cane pales hereto, subject he Ne prior approval of Licensee's governing body. T.S. Assignment. Neither paM hereto may assign els rights or doggerel under bull Agreement wIMoN Ne prior wnMn mnsent of Me cher perry, All consent shall not be unreasonably withheld i prowded bravever. Mat Tiburon may assign Nis Agreement i6Successor 'in connection with a she of is business without Obtaining mnsmntdf any partµ SubjeGto Me"Oling, each and mery seemed term, provislorl andagreemeni contained In this Agreement shall be binding upon and more to the benefit SMe palmspentyped sumessma, execul reprazenta0ves, atlminas9abrsantl azsgna. Anyalaignmentaftempted Im�9 nbonmMlssection will be void T.G. Governing Lew. All gourrum concerning the valltlity,operation, interyrommon, ctnspuGion and enforcement of any terms, covenants or conditions of any Agreement shall in all capable be govemetl by and determined In accordance with the laws of the Sete of California withoutglving effect to the choice of law problems thereof The United Nation Convention on the International Sale of Curds shall not apply to any transactions contemplated by this Agreement. 7.7. This Section lmen00naly LOB Blank. T.B. Venue. All legal proceedings brought in connection with this Agreement may only bas brought In a Sunni hadeal coudlooeted MMe County of Fresno Shoo California Each perm herebyagrees W Submtb Ne personal jumbfiction of these muds for any lawsuits Mat there against such paM all under Or in mnneonon with this Agreement 7.9. Warder. In Order to be diffil e. any waiver of any fight sense or power hereunder must be In writing and must be sigraul by an authorized representative Of the paM against whom en ercement 0 Such waiver would be sought it being intended that the conduct Or all to act of either party sM1all Imply n0 waiver. Naither party shall by mere lapse of base without giving needs staking other actors hereunder be bell to have waived any breach bythe Al party of any of the provisions battle Agreement Nowaiverofanynght benebtorpower hereunder on a specillc excel shall be applicable to any facts or circumstances other than the feces and circumstances spechlmlly addressed by such waiver or to any future events, even if such future events Involve hc6 and circumstances substantially similar W Nose Speclfiwlly addressed by such waiver. NOwerverofany dght We eftorpawerhamunder shall mnsmuw or be deemed W cons lWte, a wliverofanyoMer right, bion( t or. power M1ereuntler. Unless otherwise specifically set form hervll neither body shall be requimdW give dice W Me other party. Or to any otherthlrd carry, to enforce and a therenm to all terms of Mas Agreement 7.10. Severabttly. If any advised of Me Agreement shall for any reason the bald to M Invalid, Illegal unenforceable, or In conflict with any law of a federal, stme Or local government having jWsdiccon over MK Agreement, such provesipn shall be construed m az W make tentorceable to the greatest Went damaged such prdvlsron shall remain m of reG to the greatest extend cerasM N and Me remaining provisions a thas Agreement shall reran In roll force and enact 7.11. Survrvat m provisions. All numbers of this Agreement mat by Meb nature would deadfall be inherent to continue after the terminators of this Agreement Including but not limited to SeGlon 8.1. will survive the thinum hon of Mas Agreement. 7.12. Nausea. All notices requesto demands, or other communications required or permitted to be given hereunder must be in writing and must be addressed to me parties at their respecMe addresses Set forth below and shall be seemed to have been duly given when (a) delivered an parq (b) sent by lessened bansmlesion indicating recelptatthe famlmile numberwTere sent ',(c)one (1) businessllayaner peangtlegnled with a unstable overnight air courier service-,or(d)three(3) business days atter being deposited with the United States invAn Service, for delivery by calfred or registered mall, postage prepaid and return receipt requested All notkaz and oMlrcommunicatpns regarding default oro mu etion of Mas Agreement shall Wdelivered by hand sentbycertifieimail, pasWgepre-padandreWmrecelptreques EiMerpaMmayhem Ymelotlmechange Me nmiceeddress selfodn belowbytlellvering notlrziq IM1eaMnpeM InaWmance WiM MIs seclapn settle fotM1 Pace 6 of B the new address and the data on winch it will became effective To Tiburon: Tiburon, Inc AM'. ContractAdminiatrebr 6200 Stoneridge MSII Road, Suite 400 Pleasanton, Coffomla 94588 Phone. 925421-2700 Fez 925421-2799 To Licensee: City of Fresno Fire Department Attention: Theodore Semonlous, Batt. Chief 911 H Street Ffesno, Calffell 93721 Phone: 559421-0401 Fax 5594894261 7.13. Construction, The paragraph and section headings used In Nos Agreement or in any exhibit herear are for convenience and ease of reference onlyand do not define, lung augment Ortlesads the faced, content or intent of this Agreement Any term referencing time daysorI nod MrpadormanceshallbedcemM calendar days and not business days, unless otherwise expressly provided herein Any lens referencing "business days shall mean Licensed business days. 7.14. Counterparts. This Agreement may be signed in hvc or more counterparts, each ofwhI shall conedl an anginal, and all of which together shall constitute one and the same document 7.15. Atbmeys Fees. If either path is required to commence any Indecent or legal Occur b enforceor Interpretany temp povensm orcondMon of Mls Agreement theprevailing paM m ouch proci edlrg or action shall be en5tted to recover from the other party its reasonable attorney's fees and legal expenses. 7.16. Exhibits, Each exhibit and attachment referenced In this Agreement is, by the reference, fincorternaterel into and Made a pad of this Agreement Capltllhed terms used therein shall have Me definitions set forth In this Agreement unless otherwise defined thereon. 7.17. Preceded" of Documents. In the event of any earl between the body of his Agreement and any Exhibit or Attachment hereto, Me terms and conditions of Me body of" Agreement shall conWl and True plabodderrice over the Rtms and conditions expressed! within the Eehiblt or Atta i menl Furthermore, any terms or conditions conceded! wdhin any Exhibit or Attachment hereto which burped to III he allocacon of nsk behveen the parties, provided for whin the Wtly of this Agreement shall be null and void. 7.18. CumolaWeRemodles. NommedyarelecconhereunderstallbedeemedesUS'rebutshall, wherever passible, be cumulative win all other remedies at law or In equity. 7.18. Advice of Counsel. Each party hereto has beenacoNed dewpMunffytoconsultwahcounsed Of iM choice before entering Into this Agreement The wff" veins the previsions of California CINI Cede Section 1654 such that any ambiguity M this Agreementmay col be construed against either party Page 7 of 8 IN WITNESS WHEREOF, the Forbes have executed this Agreement at Fresno, Celliomla, the day and year first above vwnren Oily of a Gllrmnnlem�unkipgporponyWJn Tildaran Ind IViginu mrMrzYnn CY. [VLalC1l .4 rh wmy mc" Fiimml ireano Fue Cepp Name: N,,r, ATOEST MaREGGE MLICCH cayc" 1 Ir LLO Chaarr I",, wVrm Preop /j By C! ,u1. f. /,3-...uL / 2/2Y%G98Y: Dep,n Eo AS TO form N ESc SANcHEY CO Ph Trude Ilam rzWror Lt C, CFO, ireaaurep vnuy 01 Pa"I'm 5eamuryl /a ,oeAltar ieta,hmarl fnNOil1- boned 4pplrcelmns and PUlMvetl Enwmnmm4 Page 8 of 8 IN WITNESS WHEREOF, the paNes have executed this Agreement on Fresno. Celdwnla. Me day and year fiat Move Written Cry of Fresno, Tiburon. Vc., a CeYdomla municipal corporation a vlrglnia rotyPotion By. By Randy Bruegmeo. Fre Chief M ne Szyma rues Fresno Fre Oeam"ent Tburaq Inc. ATTEST. REBECCA E. KLISCH Cry Clerk By: APPROVED AS TO FORM: JAMES C. SANCHEZ City Anemey By. Nancy A. Ngvr Ome Senor Depuy Attachment. Exhibit t - I cenead Applications and ANhonxed Eneimnments Page 8 of 8 EXHIBIT t To SORwers License Agreement LICENSED APPLICATIONS AND AIRHORIZED ENVIRONMENTS Th14 Exhibit Is attached t0, Inmryorated into and forms and of the Sakware License Agreement dated Ji/10 2008. between Me Licensee and Tiburon therein videmind to as the'AgreemenP) Capllal¢ed kmis used harem shall have Me der melons set fMh in the Agreement wlessothwwisedefined her in INM event of conniU between Me knits and conditions instant herein alto Mose set forth in Mengresment Me 4msand conditio sa tM In Me Agrees shall prevail. LICENSED APPLICATIONS The following mftuxre appfcaLbns constitute Licensed Applications under Me Agreement Theserverand site locations corresponding to each Licensed Application shall revenue the Autd iz H Server and AUMori ced Site with respectk such demand Applkaton for purposes of Me Agreement. Camb?voe Name Of Aoollotion Addessanb Roam NumberofAthomed! SRe of Authorized Server SOBLICENSED APPLICATIONS The following software applications candidate Subl'Icenaed Applications under Me Agreement The server and site locations mnesponding to each Sublicensed Application shall mss nute Me Authorized Server and Authorized Site with respect to such Sublicents" Application for purposes of Me Agreement. OuanhMTvoe Name of Abdication Address and Room Number of Authotlzed Site of Authorized Server Page 1 0l1 up usaY07 ws Tmvm, Sunni ureee Asr,,,r- license 1 0x0057xini-Public sang is Inc EXHIBIT) To System Implementation Agreement This Unroll Is attached to. Incmpemted Into and forms pant of the System ImplemenGtmn Agreement. dared 20 . theoveen the Cllent and T'iburon'romeo mommi to as did'Agreemard). Capgai balms used therein shall have the deflntlions list I In he Agreement, unless ohneirsee defined therein. In the event of mnfllel beM1veen the terms and mncilinna set forth Mreln and Nose set I in the Agreement the terms and conditions set folih in the Agreement shall prevail Page t of t eytlem lmoleim sum, AyM Emblt7 Mi SupoM Aseemem IRooei M, In, .n rman.e. TiEuron Ya M1ylMrttl uvEem.IF or Gmmm�YrelnrymnLmn MASTER SUPPORT AGREEMENT This Master Support Agreement (MIs "Agreement-) is entered into Mie day of 2008 )the 'Effective Dale'), by and between Me City of Fresno. a municipal corporation (the "CIIeni and Tiburon, Inc., a Yuginia corporation having Its primary place of business at 6200 Stoneridge Mall Road, Suite 4W, Pleasanton, Callfomia 945N ('Tiburon'). WHEREAS, the Client has deadhead that it deares to obtain from Tiburon certain support sevides relating to a computer automated system previously implemented by Tiburon for the Client and WHEREAS. Tiburon Is qualiM1ed to provide Me support services specified in this Agreement and, subject to the terns and conditions set forth in this Agreement, Tburon desires to provide such support services; NOW THEREFORE. In consideration of the mutual covenants contained herein, the Client and Tiburon hereby agree as follows: 1. GNinNons Capial'¢etl Berms used heroin and in any exMbil thereto shall have the de nail set bid on ExM1lbd 1 real thereto and Incorporated heroin by this reference, unless otherwise call herein. 2. Scopeol Work 2.1. Basic Support. Subject to the terms and conditions set font in Mie Agreement. Tiburon shall provide the fallowing support for Me Covered Appeal ("Basic Support"). (a) Application Errors. Tiburon will correct Errors in any of the Covered Applications discovered by Me Client during the farm of Nis Agreement, provided (a) Me Client provnes all internal regarding such Error Nat may be requested! by Tiburon in accordance end Seoul 5.1 hereof (Termn¢al Service Requestsj, (b) such Error is reproduced by Ne Client in accordance si Sxhon 513 M1ereol(Error Reproduction), and (c) the Client has provided Touren with remote access M Me System as required harder Section 52 thereof (Remote Access) (b) Client Support Center. Tiburon will provide eirfree sedervne support for operational and technical assistance. Support for Priority t Calls relating to Tlburoms Computer AMeb Dispatch (CAD) mM1ware app ications, Control Management (JapRECOR05. Premier IMS, Ji and CorrMetliaa) software applications, Mobile Dispatch (Mobll¢COM) software applications, Message Swilch System (MSS) software applications and any crli interfaces ad Mines, systems shall be available twenty four hours a day. seven days a week (24x7) Supportfor all other wale and other Tiburon applications will be tearable during Tiburon's normal support hours of 0 00 a in. to 5:30 to m. Ideal Oce In Me Client's time zone (not including waspishness and Tiburon indicate). Tiburon reserves the eight charge reasonable calbN fees for any call returned other Man during Tiburon'a normal support M1ours. Additional mfonnation regarding wll- put fees Is described In Exhibit 7 (Wameny, & Maintenance Support— Guitleli es & Options). to) Account Manager. Tiburon will dssigarde, in a wither notice deliverU in armrdal with Seeped 24 thereof (Noakes), a single individual b act as Ne account manager for purposes of wordnaling technical support as set forth barren (Ne 'Account Managef) The Account Manager Shell ensure Trote Tirol compliance win, and shall ommaapproprate schedules in connection wiNuits obligations set fare herein Tiburon may change Me individual designated hereunder by providing the Client sed advance written nolo delivered in accordance with Section 24 hereof (No&es) designating Me new Individual authorized to act as the Account Manager Page I of 15 (d) status RaporN. Tiburon will provers the Client with a monthly status report to Wormly Status Report 'I Each Status Rspod will Include a summary Of site aglvity and a mmary of requests by the Client for technical services dervared in accordance wdh Section &I hereof (Technical Service Requests). Additional Information Nat may be contained In the monthly status report Is described In Exhibit 7 (Wamanty & Maintenance Support — Guidelines & Options), Each Monthly Status Report will be delivered IO the Client in accordance with the riches provisions set form in Section 24 hereof (Natiwa). (e) B4CkLill Subject to the Create oblgatims under Section 54 hereof (Maintenance and Back -Ups), Tiburon will support the Client In maintaining and updating the Back Up Schedule and Procedures, attached hereto as Exhibit ll, and as further demerit In Exhibit T (Wananty & Maintenance Support— Guidelines & Options), Ine BySlems Ailrcurr strathn Support Services document (attached hereto as Exhibit &), and the DBA Services document strached hereto as Exhibit 9). , (!I fill NIBRS/UCR, arm NFIRB Update. Tiburon will provide updates to the Covered Applications for Client Use and Installation in maponae to legal reuiremerms mandated by Ne National Crime Information Center (NCIC), the National Incident Based Reporting Systermuctifam Crime Federal (NIBRS/UCP), and the general Fire Incident National System (ill when such requirements necessitate moddrstiarl to Me Soured Code Maung to any Covered Apg1omAn and are necessary for the proper penooname of Ne Covered Application Any other changes, including but not limned to, those mandated or offered W any statecounty, city or numforgual governmental entity, as well as changes to any Protocols are outside the scope of this Agreement. (g) Dataease Administration Deal support. DBA support all be provided In the manner s set forth in Section 4.3,'Level t DBA SupperC, of Exhibit 7 (Warranty & Maintenance Supporta Guidelines & Coverts), and AS further described In are DBA Sercices document (attached hereto as Exhibit 9). (h) System Administration pill l support, SA support will be provided In the manner as set form in Section 44. 'Left] 1 System Administration SuppoT, of Exhibit T (Warranty & Maintenance Support — Guidelines It Options), and as fonder described In the Systems AdminishaRon Support ServirnS document (adachab hereto as Exhibit B). (I) transient Management Program. The Version Management Program (VMP) provides Carl with eligible products with ongoing product enhancements and new features. WP will be Provided In the Manner as sat form In SMbn 4.5,'Ven i m Management Program', ot Exhibit 7 (Ammanty & Maintenance Support — Guitlellnes & Options). 2.2. Support Optimal In addition to Base Support the Client may hundreds support options described in Exhibit 7 (Wananry & Maintenance Support Guidelines & Options). The ramie and conditions for each Support Option shall the set form In a separate exhibit which, upon payment of the regwred annual feebr such SuppartOptan, shall Mathematically become part of Mie Agreement and all be subject to the terms hereof The Client may discontinue any Sul Option by paining Tiburon at least ninety (99) calendar days prior written notice identifying Me Support Option N be discontinuedi providedhowever, that such discontinuance shall not be effective urml the next occurring Payment Date. 2.3. Enhancaments. From Orae to dine, Me Client may request Tiburon to provide under Mia Agreement Services and matmi to runtish, irmlall add implement an Enhancement The translation and implementation of such Enhancement shall be provided on a fixed Price basis. No Enhancement Shall be provided under thn Agreement unless (a) Nis Agreement Is amended as necessary or appropriate to incorporate the Enhancement Terms relarng to the Enhancement', (b) the Enhandiment Terms are al lched N this Agreement as a new exhibit and, except as Specifically set forth themin. am subject to the terms of this Agreement (c) this Enhancement Terms Include terms regarding Inner Pore] of IS acceptance of the Enhancement (d) the Enhancement Terms provide that upon Oral acceptance of the Enhancement, Exhibit 2 to this Agreement shall be amended to Incorporate the Enhancement as a Covered Appllrabon subject IS the Client'a payment of any neponsry addNOnal support fees relating to the Enhancement and (e) the Enhancement Terms provide that, upon final a¢eptanw of such Enhancement the Software License Agreement shall W considered amended as recausery o appropriate b grant t0 she Client this appropriate rights to use the Enhancement subtest to payment in full of all amounts due under he Enhancement Terms. 3A. Out of Scope Services. From Sam to time, me Client may request Tiburon b pmvtee under this Agreement certain Out of Scope Services tribunal shall Wunder no firm obligation IS perform any Out nt Scope Services, but shall undertake to make a good With effort to scheme such services a the extent Nal it is tapable of doing so wphout substantially treatment with rtes other obligations under this Agreement or with its obligation to its other clients. Any Out of Scope ServlPes shall be greatest, at Tiburon a option, ion a fixetlqupk bears with payment milestones or on a time and materiel tesla at Tiburon s Nen cement technral service rates plus all related travel, per Mae and other expense invoiced as ores. No Out of Scope Service shall be provided under this Agreement unless: (a) this Agreement is amended as necessary or appropriate to Incorporate the terms relating a the Out of Smee Services; (b) those terms are attached b this Agreement as anew exhibit and, except as specifically set farm therein, are subject to the terms of this Agreement', and (c) those terms inc ude agreed -to criteria regartling completion of are werk if applicable. S. Tom The temp N mit Agreement shall commence on the Effeave Date and shall continue in effect Seal terminated in accordance wad nth terms. 4. Fncand Payment 4.1. Annual Support Fen (a) Basic Support. The Client shall pay an annual fee for Basic Support far each of the Covered Applmtations. The amount of such annual fee shall be est both on Exhibit 2 attached harem and Incorporated herein by this shall and Shall W paid in advance on w prior to the expiration of any Womanly Parent applicable to such Covered Application and, thereafter, on each Payment Date during the term of tis Agreement (b) Support Option. The Client shall pay an annual fee for any requested Support Options The amount of such annual fee shall W set forth on the exhibit acquiring to such Additional Support Option and shall W paid on or prior b the commencement of any samon elating to such Additional Somali Opaon and thareaflep on each Payment Data during mmi e se relating Agreement unless such Additional support Color has Wen biateral In accordance with Section g 2 hereof (Support Opfioris) (a) Enhancement and Out W Scope Service. Payment antl be as shred in me applicable Enhancemmni of Scope Services proposal 4.2. Annual Adjustment. The fen payable pursuant to Sol 41 (a) and Section e.1(b) cal l (Annual Support Fees) may st increased on an annual basis by no more than five percent (5%) upon at least thirty (30) days prror writlen notice b this Client Such Increase shall nwme effecarm o0 me nem cocumng Payment Date 0.3. Invoices. Dntisputet invoice pursuant to Bac l 4.1 hereof shall be Payable an or year to each Payment Date during the arm of this Agreement or shall W payable within thirty (30) days of receipt unless othmeme specifically pmvq al Client hereby agrees IS pay any gonion of a disputed Invoice that Is not actually being disputed within thirty (31l) days of receipt Val 3 o15 4.4. Coneequences at Late Payment Failure to pay any amount wring hereunder when such amount Is clue shall wnsNute a mammal default under this Agreement and would result In Me termination of this Agreement In all or part. The Client shall reimburse Tiburon for all collection fees, Including reasonable attorney' fees and expenses, Incurred by Tlbumn In connected with Me collection of any amount owing maunder. Tiburon reserves the right to charge Me Client an adminlsbative %a fa reinstate any part of its support that has lapsed due to nonpayment Theali sea any fee shall equal am percent (10%) of me thencument annual supporters for the lapsed support 5. Client RoponslbliMee 5.1. Technial Sevin Requ"t The Client Shall provide all information mountain! by Tlbumn lwssary to complete its Technical Service Request farm for each request hes technical amount, er hancemems, and out or Scope Services 5.2. Rx oAcee . Client shall install monitor and pervade Tiburon csco) VPn remote aaaeee including dedicated high speed C I (1544miVs) or Came, bendwiddre dell ceramic, art any ether creature equipment specified in the Site, System and Nnwork Ste i lesion document (Exhibit 5). Acazs m Client seven on Client spiels) must be imetactive. included but net limited to PC Anywhere. Remote IJoAmP, V NC, tames secome sM1Apsb), and apn pliatio-level TCI seldom wr, kn connectivity as mond i ny by Tihumn. Access prevell to Tiburon must include toed administrative control droll servers involved in Tihumn implem,oation. In addition, Tiburon requires Me ability in dywniNly upldedldownldnd files w the servegq xini thin -party mersonmr. Trump shall not Le to rsonal for any news relaund b the procurement, In nswilson, maintenance and use of such equipment and all a dated telephone use cheaper. Tiburon Shall use the data connection solely in connerful with Me provision of is services hereunder The Client may be equitable rvn tests deemed neaseary by Tlbumn following each remote suers as requested by Tiburon. 5.3. Physial Access. The Client shall peace Tibumn with chyaral access M One System at any time during normal business noun After normal business trouts, Me Client shall asdgn one or me Technical Support Commitment designated under Section 5.11 hereof (Tacloban Support Coneinall M be available by phone or pager fo (a) Fair physeal seas to Me System wtNn leo (2) bouts of Tiburon a requent far such access, and (b) armed po sts off Trouble determines Mat there is no longer a need for physical aziwse 5.4. Maintenance and BxckLPs. The Client shall be responsible for maintenance and back- up caucuses bell to the Covered Applications and Me System, including without Iandayeon backing up computers and journal logs, purging out of dale records and running become and performing diagnostics. are dematl cud in uncommon with the schedule and methodology amended In Exhibit 6 (Back Up Schedule and Procedures) summer hereto and incorporated M1erein by MIs reference. 5.5. Mb Input The Client shall enter update and maintain Me input data as regI for sstisiadory operation of the Covered Appfcatinps, and be responsible for Me accuracy of all Client - pmval data. 5.6. "IMFnty Product Support The Client shall burden. ay for and maintain In effect during Me team of Mia Agreement the IaGn'xal wool conbacls for certain ThINPemy Roducs as spew H on Exhibit 4 attached hereb and incorporated M1erein by the measure and shall ensure Mal In common to surrounding the CI'lent to request support xNcee Mere under, earn such support demand able expres5y auhnorses Tiburon to request support servvsa Mere under on Me Clients behalf 53. System Secunry. The Client shall ensure Mal Ma security of the System conforms In all MWtotnelederM stale, and/or Inclmandatedlasenfort memtela mmumcebonsrequlmments. S.B. System Change, Attempted, M Mo ffie bon. The Client shall limit Installat ar of eon Covered Appeal b only Me ANhm¢ demanded Doty at Me Authorized Site. The Client shall ensure Mal ach Abhorrence Site conforms In all reapecs M the Site SpecMcatom set" on cobalt 5 abnormal hereto and mcorpomled herein by Ms relebence (Me -Site, System and Netwere Spechfica0ons'). The Page 4 of 15 Client shall ensure that no change, powe inn or modification is made w the System Configuration without the express an wood concent of Tiburon, proviided however, that said demand is hot resealed to mnstther in any Mercer theory approval rerohratim, endorsement or wourranty of the System Confirmation or System performance 5.9. ONabate Change Authorization. Client shall maintain a system to ensure Nat only authorised personnel have Ne ability to make changes W the Client'a database and have a lot of all such submitted personnel (and any updates therem be pmmpty delivered to the Tiburon Client Suppon Center. Each moral for any change to a Cl'ient's database shall be acmmpal latl by a signed letter of suhhomisdon from the Client's Authonzed Client Representative, and shall contain all did ils of be moderated charge. Tiburon cannot assist Client personnel other than those on Me most cement authonzahon let. 5.10. Authur¢ed Client RepmenUdive. The Clients designated aulh rl ed rotationtative is the Fire Chief for purposes of NIs Agreement (Me "Client Reirma nda0va"j. Such individual (a) must be vertical to act on Me Cited a behalf with respect to all madders mining to Na Agement (b) shall ensure no Client's compliance with ids responsibilities under Nis Agreement, and (c) shall ewNiasm appropriate schedules In connection wit Tibumns se res under this Agement The Client may change the ImMtlual tlangnated hereunder by providing mbumn advance whose nohce delivered! In raccoon nc r with So%cn24 heread(Not s cassignabng be nwelndd idualauthonowl to actas Ne Cllen(RepmwwdMhe 5.11. Technical Support Corn Indra. Tire Client shall designers In a warfare redetermination accordance with Section 24 mayor (Nodical), ane or mare individuals M act as Ne Client's moral in codrdinator (a "Tient Support Coordinator) The Client shall enwrre Nat each Technical Support Coordinator designated hereunder shall have retwee n the th inirg %down under see4on 5.12 hereof (Training) and shall abandon be tamhlar with Ne Coreretl Applications and to system. The Ghent shall ensure that, at all times, a Total Support Conttlment is available (a) to screen opemllonal several calls and handle operational problems, where apgopriate; (b) to provide arrests to Me System as appeared under Section 5.3 hereof (Physical Access)', (c) b provide onsite normal assmmal As muired by Tiburon to aid Tiburon in performing Me serecas hereunder', and (d) to review all monthly Staves Reports; cohered hereunder The Client may charge any Indoodml composed hereunder by providing Tiburon whh advance welch notice m1wamcI In accordance vin Section 24 hereof (Notices) deagnating to new IndNlaual authorized to alit as a Technical Support Coordinator 5.12. Training. The Client shall ensure Mat all Technical Support (CremonNrs and other external have receives the mormng spedi5ed on Exhibd 3 byre ed hereto and incorporated harem by Nis rekrence, and otherwise maintain suttretient personnel with sufficient morning and! expenenw N perform of obliganins under Mm Agreement 5.13. Error Reproduction. Upon datec5on of any Emor in any of 0er Covered Applicators, the Clint shall provide Tiburon a Iisfing of command input rasul5ng output am any other bats, rmluding databases and backup systema, Mat Tiburon may model request In order to reference postal condhions sinner to Mose present when the Lear becumtl. 6. Exclualons 6.1 Failure to Observe Obllga0om. bask Support provided hereunder Is expressly mentioned on the observance of the responsibilities of the Client and forth in Section 5 hen (Client Reseonustudheb and in the Software license Agreement. Any Additional Support Option provided hereunder Is expressly dragooned on Me observance of he mponsiblooas of We Client set forth in Ekxcon 5 hereof (Client ResponsMUNes). In Me SMtware rixnse Agreement and in Me exhibit penaimng to such AddNanal suborn Option. 6.2 Enormous Reloaded Problems. If Tlbumn performs emphasis of erroneously reported problems, the Client may be changed far such servkes at Tlbumn's Men current technical advice mom be an reeatod travel, per drew and other expenses invoiced as sawed. Page 5 of 15 6.3. Failure of Ramote Access. If Me Client fails for any reason to provide rerame access to the System as required by Section 5.2 hereof (ftemote A oysial Tiburon will, at the Client's modest. provide On services to correct an Error M the extent otherwise required hereunder and will charge Me Client for such services at Tburon's then current Sentiment Service rates plus all related travel, per diem and other expenses mvmcad as marred. 6.4. Unauth used Modifications. rburon is under no critical to anM any Error in any W Me Covered Applaudable If the Error Is due to a modification or alteration to such Covered Applicarl in violatlDn of Me terms of the Software License Agreement or relates to any potion of such Covered Appliption that has been after" by soMrore not deMbped and/or Installed by Tiburon. Tiburon is under no obligation to cone c any problems caused by any modification or alteration to any component of the System of to the System Configuration in violated at the terms of this Agreement or caused by software or hardware not developed Snorer Installed by Tiburon. If requested by Me client Tiburon Will provke technical support services to resolve such problems pursuant to Section 24 M1ereof (Out of Scope Services) 6.5. unauthorized Use. Tiburon is under no oaligabon to coned any Error In any of Me Covered Applications or any problems with any other component of Me System if such Error or other problem is caused by (a) acoitlent. negls d misuse or abuse on to pan of any path other Man Tiburon, (b) is due to exposure to conditions outside Me range of the environmental, power and operating specifications provided by Tburon In the Site Specdic dome set form in Exhibit 5, or (c) dee of any of the Covered Applications or any other component of Me System for any purpose other Man Mal for wfich it wers originally acquired. If requested by the client, Tiburon will provide technnal support services to resolve such problems pursuant to Section 2 4 hereof (Out of Scope Services). 8.8. Thee -Party Products. Tiburon shall have no respansimliry for carding or resolving y eri causes or failures in any Third -Party Product. Tiburon s only obligation Wlm respect to such ThirdPartyProducts is W assist with Me coordinagon of support services am the appropriate thlyd-pally vendor to to extent such support services are ava lardy to the chem. 6.7. Third -party Product Compatibility. Unless specified on ExhMl12, Tiburen shall have no responsibility for any Thnd-Party Product provided and installed on or integrated into the System by any other path without Tiburon's prior winner authoriution Including but not limited W responsibility for the 'anall and mtegraxon of any such ThIrd-Party Products, the conl afternoon and parriommence or any such Third-Pary Products. Me compatibility of any such Thind-Party Products with the Covered Appliacti ns, and any impact any such ThirdPartyProducer have on Me overall opemWn or pedomianw of any of the Covered Applications or any other component of the System. If requested by the Client. Tiburon will Provide technical support services pursuant to Section 2 4 hereof (Out of Scope Services) to resolve any opem0on or performance problems relating to any of the Covered Applications or any other component of the System wound by any such TM1ird Parry Products or to assist WIM the Integration M any such Thlm-Parry Products with or into any of the Covered Applications or any Whet component of the System. 6.6. General Diecialmer. Except as may the exforwayset hit herein. Tamara disGama all warren with respect to any of the covered applications or any Other component of Me system, express or implied including. wlMout I'rmitabon, any warranties or container; of sural merchantability, mandatory, ouaity, and/or fitness for a particular purpose. T. Protection of Gonflden dial and ProprlW ry Inromrallon 7.1. All Client Confidential Information shall be held in smut confidence by Tiburon, and neuron shall not, without the Client's poor mitten consent d amove such information W any person or ani other than to Tiburon s employees or consultants legally bound to abide by Me terms Irereaf and having a need to know such Information in connection with Tiburons performance of Me services hereunder, or uw Such information other Man In connection with the performance of the services Paye b of 15 hereunder. The term 'Client Confidential Information" shall inaude all Client data and other worse Information of a confidential nature clause labeled by the Client as being confidential. Tiburon understands and agrees that the uhaumonzed use Or disclosure of Client Confidential information may Irreparably damage Ne Chant. In Me event of Tibumn's breach w Measured bream IN any of Me provisions In Mis Season 7 1, Me Client shall be emired to an Inlunctran appeaser from any mud having appropriate Jurisdiction restraining Tiburon from any unauthorized use or dmalosure of any chant Confidential Information . Tiburon agrees to murder all Client Confidential Information with the same degree of care and semmy as it treats its awn most confdenrl information T.2. All Tiburon confidential Information shall be held in strict conference by the Client and the Clem shall not wiMeut Tiburon s prior written consent disclose such Information to any person on sandy other than to the Client's employees or consultants legally bound to abide by the terms hereof and asking a need b know such Information In connection with the Clients performance of Its oNigarns hereunder, or use such information other than in connection with the performance of its obligations hereunder. The farm 'Tiburon Confidential Information' shall include Me Covered Applications and all offer Tiburon software applications, whether or not hwnsed to the Chani as well as any writhe mbm2tlon disclosed by lIDuron to the client under this Agreement Including, but not limned to. any Made secrets. Occidental knowledge, data. Information real to Tiburon prodi processes, know- how, designs, formulas, methods, dwelopmentel or experiments) worn Improvements. d iecoverim plans for research; new maystb, marketing and asAing, business plans, budgets and unpublished financial statements, licenses, prices and costs, suppliem and Glenb, information obtained through contact with Tiburona Giants. omonetary Information of Thumna clients. and Information assurance me :kills and Tiburon Confidential Information constitutes Or disclosure of which may irreparably dam: breach of any of the issuance in ths tracer any mud having appropriate palatal res any Tiburon Confirnrl Information T.]. Notwithstanding Seam T.1 or Secured T2 hereof, neither client confidential Information w Tiburon Confidential Information shall include Information which Me dement Can demonstrate by complains worried pmpf (a) isnavy or hereafter becomes, through no act or failure ad act on the part of the recipient, capacity known oatailable of otherwise pad of Me public most (b) Is rightfully known by the recipient without demotion on use prior to its first receipt of such information from Me disclosing party as -evidenced by iia records', (c) is hereafter (unnerve to the recipient by a third path authorized to furnish the information to the incipient as a matter of had and without resMcrn on disclosure, or (d) is Me tables are written permission by Me disclosing body to disclose. T.O. Notwithstanding Section 7 or Section 72 hereof or any other provision berets, disclosure of Client Compel Information or Tiburon Confidential Information shall not be precluded M (a) such disclosure is In response b a valid Order of a court or offer governmental body of the United Screw or any polMwl subdi iftem thereof provided, however, that Me recipient of such confidential inform sbon shall first have given pare to the star party whose responsibility it shall ba to obtain a protective order raguming Mat Me infonr :near to be disclosed be used only for the purposes for which the moves issued or Met Misinformation shall not be disclosed (b) such disclosure is necessary to establish rights or enforce obligations under this Agreement but only to the extent Met any such disclosure is nes esssty. of (c) the recipient of such confidential Information rareivad Use prior warned consent to such dlscMsure from the dlscbsing path, but only to the extent pernasd In such consent Page 7 of I S (d) such disclosure Is In response by Client toa request for disclosure of Tiburon Conformal Information pursuant to the Callforma Public Records Act o aubpoeral provided, however, Client provided notice to Tiburon before a nationals was due, and it shall be Tiburon a reepnnaibilny to establish that such Tiburon Confidential Information is exempt from d ec osum 7.5. The chiiganoos hereunder with respect to each item of Client Confidential Information and Tiburon ConOUenbal Informal shall survive the termination Of this Agreement 7.8. Nothing In this Agreement shall be construed to grant to the recpient any ownership or Other proprietary interest In the other party s respeRive Coufeential Infirmatien. The recipient agrees Not it aces not acquire any title ownership. Or other intellectual property right or license under this Agreement In such other party'a respective Confidential Information. 8. Inuurf nce 8.1. Throughout the life of has Agreement, Tiburon shall pay for and maincen In full force and effect all policies of insurance required hereunder with an mmpany(ies) either (I)admitted by the California Insurance Commissioner to do business insurance then Slate of California and rated not less Than "A -VII" in Best's Insurance Rating Guide. or tii) autcal by Client's Risk Manager The. fallo+dng policies of insurance are required: (a) COMMERCIAL GENERAL LIABILITY insurance wb¢b shall be at least as bread as the most current version of Insurance Services Olfice'occunence- burn CG 0001 and dull include insurance for "Molly injury,' -propeM damage' and "personal and advertising injury' withcov for beverage for premises and ope2lions, products and completed eperafons, and contractual liability with combined Ilmib 0f aedaity of not than 31 000,000 Per occurrence far bodily Injury and property damage. $1,M 000 per occurrence far persprvl and advertising injury, Ill 000 general aggregate and $2,000,000 aggRgaR for prMuds and completed operallons. (b) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of jnaurance Service Orion form OA 00 01 and Include beverage for all coned hired and nonned autoobiles or other mourned vehicles with combined single limits Owned owm f liability of not less than $1.000,000 Per Occurrence. (c) WORKERSCOMPENSATION Insurance as required under the California Labor Code. Id) EMPLOYERS' LIABILITY Insurance wit limits of liadillry Of not less Man $1,OOM000 Such Social $1,000,000 usual policy limit and $1,000,000 Shall each employee. 8.2. Tiburon shall be responsible for payment of any deductibles contained in any insurance cation acquired hereunder and Tiburon shall also the responsible far Payment of any self-insured mNnlions $A. The above described across of lateral shall M endorsed to proven an annedinclard 30 calendar day warren notice In favor of Client of policy combustion of beverage. In the avant any pofkies are due to expire during the him of this Agreemerrt, Tiburon shell provltla a now certlRcale evidencing renewal m such pollry nee less Man i$ calandardeys parlor to tre exDlragon date of the aapidng "affiliated, upon issuance by to Insurer, broker, or agent of a notice Of correlation In coverage, Tiburon shall file wit Client a nays OeM1lfiule and all applicable endorsement for such Policytes) SA. The General LiabAlty and Automobile Liability insurance call shall be written on an Occurrence form and shall name Client its officers, officials, agents, employees and vouchers as an additional insured. Such pallcy(ies) of Insurance shall be unhorsed so Tiburon a Insurance shall M primary and no contribul shall be required of Client Any Workers' Compensation Insurance polkey shall cmrtain a weever of subrogation As to Client, is officers, officals, agar s. employees and volunteers. Tiburon shall Page a of 15 have furnished client with the mnlficari prior to client's execution of the Agreement. B.S. If at any lime during the life of the Agreement or any extension, Tiburon big to mandrin the required mein n NII force and effect, all wori under this Agreement shall be discontinued madimly insurance tlll payments due or that became due to Tiburon shall be withead unfit nolice is received by Client that the required Insurance has been restored to full force and effect and Mat Me premiums therefore have been pad for a period satisfactory to Client Any failure M maintain the resWred Insurance shall be suMue rt cause for Client to terminale this Agreement B.S. If Thump should subcontract all or any portion of Me wervinces to be performed under Mrs Agreement, Tiburon shall require each subcontractor to provide insurance protection in Favor of Client 15 Officers, officals, employees, agenda and v0lunleers In awrdance with Me terns of each of Me preceding paragraphs, excep( Mal Me subcendracors cer4ficaks and arrangements shall be On file with Tibumo and Client prior to the commencement of any work by the subcontractor_ S. Unnifiri of Liability 9.1. Finer path's habitat he Me other for any claim, kTether in ton conba4 wdherwrse, shallbe limited to Me annual maintenance fees pad nweuntlerfor Me pence in which Me cause Of action redm no event shall etlhw party W liable W the Wher fcrloss Ordamagea due tO erns m any Of the covered applications, operabr dorm, Or data cnrupfion or unsteadiness In no event shall either party M liable for any damages resulting form foss of draft or bus r ess, or for any special, indlred, punrlrve, material , or consequential damages, whether losing In an action Of Wntiad, ton Or other legal theory and regardless of whether such parry knew or should have known Of to possibllty Of such damages. The laws In some stales do not allow the exclusion of Imputation of Incidental or constitutional damages. In such instances the above limitation or exclusion shall be contnded so as to give It the maximum prectical effect without viola ng such laws. 92 For purposes of this Agreement, Trbumn atmars that it hag 9000 ode t0 dean of the Covered Appficefans and all Derivative Works, Enhancements, Maintenance foodficalrons and Documentation With retract thereto, and the right to use and Integrate the same Into the System free form trade secret, trademark, copyright "Writ and offer proprietary, right Inhingements 10. Informal Dispute assistance 10.1. The panes to ti Agreement shall exemien their heel efforts to negotiate and waste promptly any dispute that may apse With respect to this Agreement In breadboards vnth Me provision set forth in this Section 10.1 (a) If either parry (Me'Oispubng Pi) disputes any provision of May Agreement or the mteryretatpn thereof or any conduct by the older deny under this Agreement, Mal party shall bring the mater to Me engaged of Me other badly at the earliest possible Omer in older to resolve such dispute. (b) If such dispute is not released by Me Account Manager and Me Technical Cooperating responsible for the subjeq mater of Me dispute whi am (10) business days the Disputing Perry shall deliver to Me find level of representatives below a writer statement (a 'DrsWte Novo') describing Me dispute In detailincluding any time commitment and any fees or Other costs involved. (c) Receipt by the first level of represenetives of a Dispute Notice shall commence a time pence within which the respective representatives must exercise their best effortic resolve the dispute. If Me respective representatives cannot resolve Me dispute within Me given tore period Me dispute shall be simulated! t0 Me had higher level of repreaenteeves In Me sequence as get tons below. Page 9 of H tat If rhe partes are unable to resolve Me dispute In accordance with the rural pmcedures set forth below, the camas may assert her rights under this Agreement. Escalation Therable Tiburon Client fituainesa Days) Representative Reoresenlative OM5th oirectorof Account Management Client Reprazentative 6°fo 10'" Operations Manager Bill Representative 11v to 15° Executive Officer City Manager 103. NotviOstanding the fact Nal the parmas may be attempting to resolve a dispute In accordance with Ne Informal dispute resolution procedures net form in Sacton 10.1 formal the parties agree to continue without delay all their respective respansibudes under this Agreement Nat are not affected by Ne dispute. 10.3. This Barnum Intentionally Left Blank 10A. Nohvilhstanding the foregoing either may may, before or during Oe exercise of me Informal dispute resolution procedures set forth in Sadion 10 .1, apply to a court having luredicton for e temporary restraining order or preliminary inrynRign where such rel'mf Is necessary to protect ib Interests Pending completion of such Informal dispute resolutom procedures. 11. Terminallon 11.1. Terminatron for Failure M Llnnee. In Ne event mat me Ince relating m any of the Covered Artleatms is terminaleb or becomes unenforceable for any reason. Trustee oblyation to Ixoviae any support hereunderfor such Covered Application shat immea espir and automatically terminate 113. Terminal for payment Cooker, In the event that the Client fats to pay when due all of any partner W me annual leas required under Spoken 4.1 hereof (Annual Suppotl Fees), Tiburon may immeaately, and welfare further notce to the Blame, terminate he Agreement or suspend all or any potion m may ser imis hereunder far at or any carbon of he Covered Applications until Me Client's account Is brought career 11.3. Terminal for Other whuka. Barlett to Commoner of the dispute resolini procedures set forth in Semen 10.1 herenf (Import Dispute Resoluthom in Ne event mat either WY hereto materially deft In Me peRdmhance of any of IN obligations hereunder (other man payment defaults covered under Section 112 hereat), Me other part may, at ion option, terminate This Agreement by providing me defaulting party Nilly (30) days' prior worth notice of nomination deovered in accordance with Semen 24 hereof (bonds). which ounce shat menufy and descrire moh speuficity the more for such termination. If prior to the evpiral of such nor peni the defaulting parTy cures such default to the satsrarnon of me torrential part (as evidences by wrlten notice delivered by Me nondetaumng pally in accordance war Section 24 hereoptenninadon shall not take place. 11.4. Terminal W ca Cause. Eider pally hereto may terminate this Agreement without cause by providing Me other party at least ninety (90) daysprior wir en trice of terminator delivered in roadancewhThSermon24hereof(4ors) Theeflect'rve data for any terminal pursuant fo Mhs Section 114 shall be the road occumng payment Date. 11.5. Consequences of Terminal Upon terninaton of Thr$ Agreement for whatever reason, (a) Tburon shall be under no further obligation fo pomade support or any other servises hereunder. (b) Tmumn shall return M the Client all Client Confidential Imperial in Thorns possession and shall cer fly Pogo 10 of 15 In a wrltlen comment signed by an officer of Tiburon Nat all such arbor aeon has been returned', (c) be talent shall return to Ti all Tiburon Control Information in Me Client's possession (including, without limdauon, all devices, records, data, notes, repots, proposals, lists, correspondence, specificai drawings, blueprints, sketches, immerse equipment or When documents or property relating to such Tiburon Confidential Information and all copies of any of the Foregoing (in whatever medium dimond) but not including any such Information licensed to the Client under the Software license Agreement)and shall certify in a ended document signed by Me Client Representative Identified In Secuoo 5.10 hereof (Authorized Client Representative) that all such information has been returned All provisions of Mis Agreement that by their nature would reasonabty be eariddi to continue after the termination of this Agreement shall survive the termination of had; Agreement. 12, Independent Contractor Statue The Client and Tai are independent conbacturs under this Agreement and coming herein shall der contrast M create a parcesshigjoint venture. oragency relationship between the parries rerem Neither pally, shall have any armority to enter into agreements of any kind on behalf of Me Mher and shall have no Power or authority to bind or Obligate to other In any manner to any third party. The employees or agents of one party shall not the Mai or wnshued to be be employees or agents of Me other parry for any purpose whatsoever Each party bareb represents Nat It is acting on its own behalf and a not equal as an agent for or on behalf of any Third pray 13. Assignment Neither party hereto may assign iB fights or obligations order this Agreement without Me anon wrltlen consent of the other party, whom consent shall not be unreasonably wlNhell provided, however, met Tiburon may assign this Agreement to Os successor in connection term a sale of Its business without atrohning consent of any party Subject to the foregoing, each and every covenant, term, provision and 'agreement contained in this Agreement shall ba binding upon and in re To Me benefit of the palues' permit suozvurs, executors, representatives. administrators and assigns. ter. No Third Party BaMCiariee ThIs Agreement a entered Into for the sole benefit of Me Client and Tbumn and, where aermded above, Meir Memmmed su aritors, representatives, administrators and assigns Noting in Mrs Agreement shall be construct as giving any benefit, nghb, remedies or claims To any other Mason firm, corporation or order study, including, without limiplbn, Me gane2l public or any member Mereot or to sumonze anyone nota pard to this Agreement to melntalp a suit for personal blame, property damage: or any other relief In law or sandy in connection wit this Agreement 15. Governing Law All questions conceming the windily, operation, intergedtltn, consimdgn and enforcement of any terms, covenants or donattlons of Mrs Agreement shell In all respects be groomed by and determined! In accordance wOh the was of Me State d Caledonia without giving enact to Me choice of law principles thereof The United Nature Convention on Me International Sale of Goods shall not apply M any transactions contemplated by Mrs Agreement Pala I I or 15 16. This section lMentionalty LM Blank fl. Venue All legal proceedings brought in connection with this Agreement may only be brought In a slate or federal wart located in the County of Fresno in the State of California. Each pato hereby agrees to submit M Ilse personal jurladichon W Moil courts far any lawsuits filed Mare against such Mary sharing under or In correction wild this Agreement. Is. Advice of Counsel Each party Premium has been startled Me opportunity to consult with counsel of its choice before entenng Into Me Agreement. No amendment or other mpdificagon of this Agreement Mall be valid unless pursuant to when instrument referencing this Agreement signed by duly authorized reprecenapves of mall W the pates hereto. N. Waiver In order to be effective, any waiver of any right benefit or cover hereunder must be in writing antl slgretl by an aumorial b representative of the party agionlsl whom enforcement of so& waiver would be sought, it being intended that the conduct or failure to act of differ only shall imply no waiver, Neither party shall by mere lapse of fume without giving nate or bong other action hereunder be deemed M have vraned any breach by Me oMar party of any of Me provisions of Mrs Agreemenl. No waiver of any right. benefit or power hereunder on a specific occasion shall be applicable to any facts or circumstances Omer than Me pans and Circumstances specliiclly addressed by such waiver or to any future event; even d such future vents involve facts and g2umstrnces aubstanoally similar to Mose specifically addressed by such waiver. No waiver of any right beneM or ower hereunder shall continue or be deemed to wnsti ute, a waiver of any offer right benefit Or power hereunder, Unless otherwise speoipcally cot ROM herein. neither party shall be required to give notice W Me Wryer poly, or W any other third Maly, to enforce stran adherence to all terms of this Agreement 21. Force Majoure Neither Party will be liable for any lallure or deny in the performance of is obllgatans under this Agreement (and the allure or delay will not be deemed a default Of this Agreement or grounds for termination) if both of the following conditions are entered (1) Me failure of dean mulct not have been prevented by reasonable precautions. and cannot reasonably be circumvented by the narvparerming Maly through the use of alternate sources. work-amund plans, or other means, and (2) the boilers or delay is moved dirady or Indirectly, by reason of fire or other casualty or smaenr stokes or labor disputes, Inability to procure raw materials, equipment paver or supplies; war, terrorism w other violence or any other act or condition beyond Me reasonable control of Me non -perfuming party Upon the occurrence of an event which deifies bold of Me above conditions (a "Fame Majeure Event'), the non-pelorming party will be excusetl from any further performance of Mose obligations under this Agreement affected by the Fame Majeure Event far as long as (a) the Farce Majeure Event compound; and (b) Me non-performing party continues M use commercially rotational efforts to recommence r performance whenever and to forma Moral possible warned delay Upon the commence of a Farce Majeure Event, the non perlummg party will Immediately modify the other pany by telephone (to be confirmed by written notice water two (2) business days of the allure or deny) of Me occurrence of a Force Majeure Event and will describe In reasonable deall Me nature of Me Force Majeure Event. 22. Severability Page 12 of 15 If any provision of this Agreement shall for any reacon be bell o be Imol Illegal, unenforceable, or In mnfilct wNt any law of a federal, state. or Ideal government having juria0klon over Mie Agreement, such provision shall be wnstrueb w as to make it enforceable to Me greatest extent permitted, such provision shall remain In effect to Me greatest efficient Permitted and Me remening presidns of Ma Agreement shat remain in full fume and if t. 23. Entire Agreement This Agreement sets forth the final, complete and Scull agreement and understanding between Tiburon and the Client relating to the subject matter hereof and Supersedes all quotes, progress understandings. representations, emotions, warran es, covenant, and all other communications between Me parties (oral or wr ital relating to the sutyect matter hereof Tbumn shall not be bound by any terms or conditions contained in any purchased order or other farm provided by the Client in connected with Nis Agreement and any Sol forms and conditions shall have no force or effect No aMnnaton, representation or warranty relating to the subject matter hereof by any employe, agent or other representative of Tamon shall bind Tiburon or be enforceable by Me Clint unless specMlpally set forth in Nis Agreement. Neither pally shell be bound by any terms of conditions combined in any purchase order, task completion letter or other farm provided by the other party in connection with this Agreement and any such terms and condXans shall have no lore or effect No affirmation, representation or womanly relating fo the subject matter herself by any employee, agent or other representative of Client shall bind Client or be enforceable by Tibi unless siecifiwlly setlonh an Mis Agreement U. Notices All notices, request, demands, or other commentators required or submitted to be given hereunder Mall be In writing addressed M the parties ffi their respective addresses set but below and Shall be distributed to have been duly given when (e) dellveran in person, (b) sent by facia transmission Indlwting receipt at the mote lle number where sent, (c) one (1) business day after being deposited weal reputable overnight air courier uwice: or (d) three (3) journal days after losing depxlled with Me United States Final Service, for delivery by writhed or registered mall, postal pre-paid and return ceiptrequested All notices and other communications regarding debut or termination of this Agreement shall be delivered by hand crasnt by wall mail, poNage prepaid and realm receipt requestM Either Path may from time to time change the notice address set roM below by delivering notice to the other parry In accordance with mus suction seting forth the new address and the date on whic r it will become eflecll Tbumn, Inc. 6200 Slonendge Mall Road. Suite 600 Pleasanton, California M688 Attention. Contract Manager Phone: 925521-2700 Fax 925521-2799 City of Fission Fria Oeperbnent Attention'. Theodore Semonious, Belt Chief 911 H Street Frosnd. California 931 Phone. 559521-0x01 Fac 559498<261 25. Construction The paragraph and Mi headings used rn tht Agreement or in any exhibit hereb are for convenience and ease of referenda only, and do net define, ibrin, augment or de5cnbe Me scope. content or Intent M Pee 13 of 15 this Agreement Any lean rerermwing time, days or plead for performance shall be deemed calendar days and not business days. unless otberwiw expressly prol herein. Any term referencing 'business days" shall mean Client business days. 28. Counterpsrls This Agreement may be signed In two or more counterparts, each of which shall Constitute an anginal, and both of which shall conscute one and the same document. 27. Compliance MN taw In providing the servisser required under this Agreement Tiburon shall at all times comply with all applicable laws of the Unted States (including, but not limited to, me Health Insurance Portabilily and Accountability Act or 45 It S C. Septan 1171 at and ) me Stele of California and Client. and with all applicable regulations promulgated by fedemt stale, regional, or YJtal administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. ga. Suri of Provisions All provisions of the Agreement that by their nature would reasonably be expected to Continue alter me expiration or termination of this Agreement including but not limited to Sections ], B, 9 and 115, will survive the lerminabon of this Agreement M. Atmrny'a Fen It either party Is required to Commence any proceeding or legal action to enforce or Interyrel any lame covenant th mot or condition of I Agreement me prevailing paIn such promoting or anon shall be entitled toremver from the other parry its reasonable =ray's fees and legal expenses. b. Exhibits Each exhibit and attachment Mitchell In this Agreement to by the reference, incorporated into and made a pad of the Agreement Capeal¢ed terms used therein shall have the definitions set form in this Agreement. unlass planned defined thereon. 31. Precedence of ndcuments In me Al of any Conflict between the oody of this Agreement and any Exhibit or Attachment heretq the farms and mndidons of the body of Nis Agreement shall control and hike precedence over the terms and Conditions expressed within the Exhibit or Attachment Furthermore, any terms or conditions Combined within any Exhibit or Attachment hereto which purport to modify the allocation of risk between me pates, provided for wim'm the body of this Agreement, shall be null and void 21. Cumulative Remedin No comedy or election hereunder shall be dnmM excluelVe but shall, wherever possible, be Cumulative with all other mmaNes at law or In equity Page 14 of I x IN WRNESS WHEREOF, the parties have executes this Agreement at Fresno, California, Ne day and year first above widen City of Fresno, Tiburon, Inc., a California municipal corporation a Virginia corporation By s By: _ Fresno egman, meat Fresno Fire Department Name: ATTEST'. REBECCA E KLISCH City Clerk By, Ci.r.ds /J cos-�. rz/zY/r5 Deputy � APPROVED AS TO FORM: JAMES C. SANCHU Cry Agpmey By'. ar Nan . Algle D Se ar Oaput Title: (C corporabon or LLC, Board Chair, Pres.: or Vice Pres.) Page 15 of 15 am(A 9 M¢¢luau¢Wr1OgMmenl =08 mbumn, [PC AN elOnnm,, e. Tiburon m s CCIMead paEmmeh MOomeuOMe e0rponeon IN WITNESS WHEREOF, the Parties have executed this Agreement at Fresno, Calllomla, the day and year first@Wye written City of Fresno, Tiburon, Inc., a California municipal corporation a Virginia corporation By: By: Randy Bruegman, Fire Chief Fresno Fre Department Name: iz The VP rlek rp ATTEST'. (if corporation or LLC, Board REBECCA EKLISCH Chair, Pres. or Vice Pres.) City Clerk By. APPROVED AS TO FORM: JAMES SANCHF2 City Adomey By. Nancy A. Algier Date Senior Deputy Page 15 of 15 =80104 M»br 6u{9phPprm2M WCNOToumn, nc Aingra nav M T6omn 4e rtpiabre4lnEemeM1nl Cnmpunyre Lprypgppn EXHIBIT 1 To Masmr Support Agreement DEFINITIONS This Exhibit Is attached to Incorporated Into, and forms a part of Me Master Support Agreement dated . 200 between Tbumn and the Client therein referred to as Me -Agreement') Capitalized terms used in the Agreement or any exhibit Marson shall he" Me definition set torch herein unless othen'nse defined In Oe Agre rr ant In the event of correct between the terns and conditions set forth herein and Moan set rodh In Me Agreement the terms and considers set toll in Me Agreement shall prevail. 1. "Account Montreal is defined In Stolon 2.1(e)(Panunt Manager) of the Agreement. 2. "Additional Suspect Option" Is darned in Section 22(Support Crown) olthe Agreement. 3. "Adi Sp M"tions" shall mean. with respect to any of the Covered Applications. his specifications for such Covered Application denvered to Me Client upon he Cl'ient's aaoeplance of such Covered Application. az the same may be modified crsupldemented "in Itme to time to reflect Enhancements provided hereunder. 0. "Author¢ed Sarver" shall mann, with respect ro any of Me Covered Applicators, Me server Identified as corresponding to such Covered Application on ExhMd 2 attached to the Agreement and Incorporated therein by reference. S. "Authorized Sba" shall mann, will respect to any of Me AUMoiaed Servers, Me address and room umber Identified as cormsponding Me such Authortzed Server on Peter 2 attached to Me Agreement and Incwrorated lhereln by reference. 6. "Basic Support" H defined In Section 2.1(Bas¢ Support) of Me Agreement T. "Client" Is defined in the preamble M the Agreement S. "Client Confidential Intermetinal is darned In Section 7 (Protection of Confidenlfal and Proposal herniation) of the Agreement. g. "Client BepresenMWe" Is defined In Section 510 (AUNorael Client Repraserhadve) of Me Agreement 10. "Communications Members" shall mean ethernet recasting, serial wnnedlvlly to net clock and ANIIALI. serial connetWM to HACMP, national, sten and Ictal governments TCP/IP or other routing statements. 11.'71buron" is defined In Me preamble fo Me Agreement 13. 'Tbumn Cotro led Infoonatbn" is defined In session 72 (Protection of Confidential and Proprietary Information) of the Agreement. 13. "Covell application" shall mean each soTvare application developed by Tiburon in accordance with the As -Bulk Specifications reMbng thereto which application is (carried as a Covered Application on Exhibit 2 attached to Me AgrearrtM and incorporated therein by reference( including all Maintenance Modifications thereto, all Denvatwe We" Monaco, and all reiand Documentation. Page 1 of 3 ade0apa Maher e"pppn]prtement EaMdl 1, neMiWne Cal Tevmn. Inc Au renis renown Isom, a a hisuarm u.eamary 0 compopme cempraimn 14. Database Mministratlon (DBA) Support shall man services availedle to Clients M aabl In the aeminittr'ation of the system demands. 1S. "Oedvative Works" shall door with respect to any Covered Applicator, any tianslstion, abridgement revision, motldmarienor other i in which such Covered Application may be rend transformed, motlifiM, purpostl Or approved after Me EfkcMe Date. 16. "Dispute Notice" Is defined In Section 10.1(Informal Dispute Resolu ing of the Agreement 17. "DispWing Party" is defined In Seoul 101(Informal Dispute Resolution) of the Agreement 16."Daeurne pun"shall mean, van small W any Corered Application, these annual schucpons, manuals, add d'ograms pertalnirg to add pilloried win such Covered Applicators. 10."Ef We Dale" Is defined In the parman W Me Agreement 2Y. "Ennanwment'r shall mean van rasped W any Covered Application. a computer program mcdifKdlbn or coupon career than a Maintenance Mcdifinllon, Mat alters Me funcdomigy of. or edtls now humorous to, such Covered Appfintion and that is integrated with such Covered Appnation after the Effective Dale, or Mat is related to a given Covered Apprabon but offered separately by Tiburon Palo the Effective Date. 21. "Enhancement Temu" shall mean, win respect M any Enbandamenl provided pursuant to the Agreement the mutually mago4a@tl lends and con pliers Specifically ranging to an Enhancement and Included as pad of me Agreement in acceptance win Seclpn 2 3 (Enhancements) thereof. 22. "Manual all man, WO reopen to any Covered Applrvalpn, a defect in the Source Code fon such Covered App romp n that prevents such Covered Appicmion fiom funcbonig In substanral conformity wit the As -Bunt specifipllons perralning thereto. 23. M4imWnance Mo li ca llon" shall draw, win inexact to any Covered Application, a computer school change mise ated win such Covered Application during Me term of Me Agreement to Poll any Elders therein, but that dome not after the Implacability W such Covered Application or add new funcfnns thereto. 2l Statue Rupert" is defined in Seared 2.1(d) (Status Imports) of Me Agreement. 25. "Object Code" shall mean computer pmgams assembled or compiled from Source Code In magnetic or electronic binary grand on soM2re media, whlal are reea le and usable by machines, but net geral reedabk by humans without reverseassembty, revereeaomplling, or nevernmengineeang. 26. "Out of SCopa 5ervica" shall consrtl M any servoes prwld al under his Agreement that are outside the scope of Mose moodas speciosity and expressly Wombed under and pmvited pursuant to, Section 2,1 (Basic SuppoM1), Secrdn 2.2 (Support Carl or Seton 23 (Enhancements) of Me Pgrament. 27. "Paymenl Di shall mean a sacific annual data Mata spread W between the Client and Tiburon a. "Priority 1 Call span man a pull reulmming technical support for an Error in any Covered Application or a failure of Me Authorized Server on which such Covered Appleaflon b insUllei that prevents mntnued use or operation of Me System. macts all or subslanlinlly all oarfarm using no System, house or mayesnaly impacts critical System panel or enlargers the integnry of any database on any of Me Aunorh tl Servers The term Pdonty 1 Call shall not include calls repuaOg technical support relating W a problem Page 2 of 3 30090509 all auppar Arawrertt p3W9 ipumn N[ NI r larrun nm. Tduran rc a re0latereC NCemeM gLemWOMe CeryeraWn encountered with su indan(ragy less than all functions of a Covered Application or all machine of a database on any of Me Authorized Servers, or to a kilure In individual components a the network communications equipment communications lines terminate workbM[Uns, pnnrers terminal serves or mdMvm; Tibumn shall have ex4uswe authority for determining whether a Technical Service Request commands a Pdonh t Cal. 39. "Predomi" shall mean Me maNpd governing exchange or transmission of nets larval devisee. Examples Include, butam not Iimaod tO TCPIIP, SNA.CDPD, RNC, RS232 30. "Site Specrizatlnne" Is defined in Sermon 5.9 (System Change, Altereton, or ModNdeton) of Me Agreement. 31. "Sohwere License Agreement shall mean any saflwere license agreement between Tibumn and Me Client pursuant to which Tibumn has granted a limited license to use the Covered Applications In accordance cath Me terms and donations thereat, as Me Same may Ire amended or mherwlse moarend from time So 4me. 32. "Source Code" shall mean computer programs written in hgherlerel programming languages, rnefines accompanied by English language mmmens Source Cade as intelligible to trairred programmers and may be translateH to Object Code for operation on computer equipment through Me process of compiling. 33. "System" shell mean Me CLegCs computer automated system consisting of the Covered Appf funs combined with any Of Me ANM1mixed Servers, the operating systems installed an earth Of the Autimi Servers, any database or Other arm parry soflwvre products installed on any of Me Authorized Servers, any PC w other worksMton equipment having access to any Of the Covered Applications, any Communications Interfaces installed on any of Me Authorized Senate any network communications equipment and any Other third Parry soeware, wring, cabling am connections and Other hardware relating to any such Authorizer Sendai woMSMU.n or network communidefcns equipment located at any of the Authorized Sites, N. "System Configuration' shall mean Me configu2lion for the System other Man the Covered Applicators existing as Or the Eflecfve DaM together wind any modifications or ademfons thereto pmmdted hereunder including wMOa Iinnafon Me configuredon a Me Authorized! Serves, any madmig system nominal on any of the Authorized Servers, any database or Other Mind path s irware product ideal on any of the Authvm nd Servers, any PC Or order wnmmardn amendment having access to any of Me Covered Applbtionsany network commumdetions equipment and any other third parry software, wlrirg, dealing am connections and other haNware relating to any such Authorized Server, Sandi or network cammunicatons equipment located at any of the Authorized Sides. W.'Tachnical Support CoordimtoP is defined in Section 5.11 (Two mical Support Coordinators) Of the Agreement 36. 'TNIrdPaM Products" shall mean all sohwere and hardware components Of Me System other Man the Covered Applications; 37. "hammy Pari shall mean, wed respect to any Covered Applicator, Me warrants Pi for such Covered Applrwton set Mein on Exhibit 2 attached to Me Agreement and Incorporated therein by reference Page 3 of 3 Mood SuppwlpareerreM anti 1, Dei V[nna moor Inc Al fll mi ilEum"hie na remi ii,xv Mnl Gmpupyne Cvwmi EXHIBIT To Master Support Agreement COVERED APPLICATIONS This Exhibit Is attached W. Incorporated Into and forms part of the Master Support Agreement. owed 200between Me Client and Tiburon (herein returned to as Me "Agreemenq. Capitalized some used herein shall have the definitions set forth In Me Agreement, unless pMervn9e defined herein. In the event of confiitl between the terms and condipons set forth herein and Mose sM faM In the Agreement, the terms and coneitiprw set forth In Me Agreement shall prwail Tiburon will provide the Basic support described in Section 21 (Basic Support) of the Agreement for Me sof xe a applications Identified in the table below The annual fee for such support shall be as act I in Me table below Such supportwill commence upon the expiration of any applicable Wapanty Perot as set forth in me table below. Covered! Hours Make. Model Serol Number Wananly Pan Mnual Fee 9pp I�eligin 2(JL of Authorized Server BwfS Pedatl Start Stop Data Date Authorized Si e - This Exhibit will ba completed during System Impbmenb6on- epbepeoe Page 1 of 1 Neewsumonpreene e.nlni a; oweme Applh®ecm mzooamumn hi, All conn n.ervea. re.,on �.. r.a�n.ma lreaem.m mcemwm*•cemen��o. EXHII To Master Support Agreement TRAINING This Exhibit is attached to, Incomomted Into and fortis part of the Master Support Agreement. dated 200 between the Client and Tiburon (herein refined to as Ne "Agreement'). Capitalized terms used harem shall have the definbute set forth In the Agreement unless othenulse dafned herein In file event of col behveen Me terms and condNons set forth herein and Vwse set forts In the Agreement, the Calms and condition set I in She Agreement shall prevail. —This Exhibh will be completed' during System Imyfementegon — Page t of t ]006(trl Me:ursupoMMreeriem EMlpl a, imnma @Wa Tpugn lie All ri rtxrvtl.➢Lummu I nalseren NEemaM or(Ann /rte Lmponwn UH1894 To Master Support Agreement THIRO4`ARTT SUPPORT CONTRACTS This Exhibit Is aHacneE to. Incorpora@tl Into and forma part of [he Master Support Agreement dated 201 bedween Ne CNN and Tibumn (herein retained to as the "Agreement"). Capltaflzed terms road her shall nave the definitions set forth in the Agreement, unless otherwise defined herein In the event of cont between Me terms and conditions set fmtn herein and Oose set forth in the. Agreement the deans and scroll sed form in me Agreement shall prevail This Exhibit will be completed commit System ImpkmentaHon— Peg a 1 M 1 200635911 inner Sol Agm,"nr EaMfn x, ThIM Pony SI C1n41nk Cl TiWen.lnc. All rands meal. TOumn i5e wgrsbretllMevdsM1 or Compumrrw rumination EXHIBITS To Master Support Agreement SITE, This Exhibit rt shared to Incorporated into and forms part of the Master Support Agreement dared 200 between the Client and Tibumn (herein referred to as the "Agreemenn). Caprtaiae l terms used therein shall have the definglans set forth In the Agreement unless otherwise canned herein. In the event of pool bel the bans and radical set forth herein and those set fish in the Agreement the harms and condigons set forth In the Agreement shall pn il. Thb Earl will be completed during Syrtem ImPlemenrelion- Page 1 of 1 20oe0e0a rm.u, awwh door 0m E.hmn a. six: Sp nd III sp.,.rcmwm mzwa Timm, me ai rems aranxv. rn..on a, assassin ari n d<mwppa comommn EFHIBRB To Master Support Agreement BACK UP SCHEDULE AND PROCEDURES This Exhibit is aUached to, Incorporated into and tarns part of the Master Support Agreement noted 200 , between the Client and Tiburon (herein refered to as the "Agreement-) CapiUlued terms used herein shall have the definitions W to& In the Agreement, unless ollareue Metal herein. In the event of odm iq Mlxeen Ne terms and coroner set lend herein and those set IoM In the Agreement the terms and conditionset forbIn the Agreement shall prevail. v— This Exhat will 0at cemplN dui SystomImOMmanMfbn— Page t of t wwomwen M,. ; EXfblt emc!, ask Up Seri emuma�ree OQIhoom inc All xes rmi. mewmn u a Willi fire rk a Compuoyw Gex, bw nbumn Hasler Supporl Agreement Bxllmn s Back Up Schedule 8 Procedures General Notes on Backups TNs document describes the forocetlures to Backup the minimum set of (Iles required M recover application Bull dela Ines In the event of a hardware failure Or dela loss. These procedures assume that it the server needs to be Completely rebuWrestored, the system files may now to be restored prior to restoring these files. Tests may indude Me need to reinstall the bperaHng system IINs and any Other required Barbecuing Applications IPC Anywhere, fiIal etc.). In addition, the client may choose to backup other Inas on the servers or use utilities to a mplify total system recovery In Me event a Server is completely last or all data is lost This is acceptable as long as the precaullons listed above are fonow N. In poulculaq the application lite folders should be backed up wnheul locking the Ides. Looking these fibs during the Backup could cause undesirable sheets to the application. CAO Backups Introduction Regular backups are essential to preserve the CAO system data in the unlikely event cl a catastrophic hardware lallure or other maps prdNem. White the server may include faun - tolerant aridmr redundant systems, seroom hardware or usual failures (Banned in data late e still possibleIn addition, events such as Tire, nwd, or other general disasters cap destroy equlpment. It may be desirable to store a copy of backups on she an that they are readily available; however, Tiburon recommends that an arena copy Ips maintained In case the Canter, and be contents, are damages or recaoye l Have and when the database B backed up mil depend on the daUbase used (Oracle or SOL Sarver) Be well as the needs at the individual client she. CAO system Steel A backup of the borrowing CAD system is hot necessary. Current 'state' data Iia., data (Imaintained in the File Maintenance tables/database included gee data), and "dynamic" data . a., calk, units, assignments , current sequence values, madras, etc) are present on each active workstation. and on the server; static data and histories are stoma In the database as wail provided there have not been major changes without a synchronize, in the case of stand data; and that it has been up as a dnaroning CAD Tile server, in the case of Maddes). Only a total bass of all comWters parfortaling In the CAD system wall cause this data to be lost, antl Backups of the data can quickly become But -of date as new calls are entered, units are seemed etc. For these reasons, it is neither required rlor feasible to perr backups of the CAD system (Iles on Been workstation and server. When backing up CAD woAslallons or the CAD server hard how. do not use sonware that 'IockS' Illus to wribng this Is not possible, the backup should exclude the CAD directory (which contains the ^Stamp axe- and other programs) as well as all the dheatmas inside it, The CAD flea must N updated In foal time based on the syslam aclivltyl locking these lilac so that they cannot be written will prevent the warkslanon from keeping up who the CAD system, which wall cause CAD to fatally exit on that naMslallon (to preserve data Intel II this occurs, the Brake an can ba rectal once the backup is complete (or has at least passed the CAD directory). Onnl IM1e backup Is done with the CAO Used the CAD system will simply crash itself n it is prevented from writing to the hNs. Page t of 5 Tiburon Master Support Agreement Exhibit Beck Up Schedule 6 Procedures Nor: 11 the wodslatert ki Ills in custPnlzed on same machines, it may be worthwhile to bad It up. Tiburon also rec mends a backup of any non dimobuled .Int files that are present. Reinstalling and connecting to the CAD system will restore everNhlng else. In amiuon to the Oracle or SOL database, the other item that mum per bapare up is Ne distriutlon direnuy, on me CAD distribution Sewer (see the AS'Effict Documentation to Nuffy the SotMare Distribution server for the CAD sy morm. If me coal distribution Is IWI. Tiburon replace It: howeki we cannot replace any smaustomlzwe ed Int or, his files that re set for distribution. CAD Opantlens During a Backup The CAD system should not be she down to perform backups. The indicated CAD worksrllons Continue operating while the backup is being performed The tlatabase server also remains active and the database Is evailade for boards and other transactions throughout the backup process. Note. The CAO server may run ofighby sewer during bear ups. The only potential adverse effects are longer regConu times far history, inquiries and synchronizing operations. Calabria Backups—Omit Ster ing with oracle Version 91. Tiburon production tlatabase backup Is performed using the Oracle Recovery Manager Tod (RMAN). Ptlor to Oracle If the production database backup as performed using a TIWmn darbase backup script . Tiburon implements a hot backup Scheme for the produedon tlatabase. This means that the production database can remain open and allow mated activity while the database S being backed up. It is Important to note that the asrbage hof backups are spacial backups and are only performed using special able soon as OMAN, Simply copying the database files while the database Is open for normal Operations using the operatlng system copy command Is not appropriate, as such backup files are not useful for database rerovew purposes. The Tburon Oaace hot backup Is primeriy a full disk backup of the production database In eMWom to backup of the data files, this pmess also becks up the smhive IN (Journal) files. The backup is scheduled to run nightly. Upon backup Corrosion, this process Places me backed up database Ines In a dedicated backup Clinicary. This backup directors Is than coptad to a Tape device as psi of the Tiburon muter backup. The availabAily, of backups on disk mnskerably reprices The recovery, lime. TUurnn wilt work with client To define the disk gpaon, a polremems lot database disk backops during the database sizing stage of The protect Database Backups—SOL Server Tiburon SOL Server 1000 production tlaabuB backup Is performed using SOL Server Enterprise Manger maintenance plans. Tiburon implements a hot backup scheme los production databases. This means the production database can rwnlun open and elow normal ac9vtry while the database is being Wicked upIt lis imperial to note that the database hot package are special backups and are only performed using spent tools such as SOL Server Compact Manager maintenance plans. Simply copying he database files while the daises e S open for normal operations using the pool system Copy Command zs not apprcpnate as Such backup files are not useful for database recovery purpose. The Tiburon SOL Server hot backup is primarily a full disk backup of the p uclion database. In addition to backlog up The data files this process aide bucks up the Transedlon logs for the shad n tlatabase. The backup is scheduled to run nighllM Upon backup completion. this process places The backed up database files In a OedicalM backup directory. In addNon to xoosoaua Page 2 of Tiburon Muter Seemed Agrarianism Eehlblt6 Back Up Schedule 8 Procedures oacaung up the Tiburon production database, Tiburon SOL Server backup also Includes maintenance plans for phroriong dirk backup of MASTER. MSOB and MODEL system databases. The backed up Idea for these tlalabases are also placed In the medicated backup directory. This backup directory 'A then copied to a Tape device as pad of IM Tiburon master backup, The availability of backups on disk considerably reduces the recovery time. Tiburon will wile with client to define the disk space requirements for database disk backups during the database Siang stage of the Walker RMS Backups System Backup Requirements for RMS?I These probask s fib not address the requirements lar backing up an Crops or SOL Server databases me same procedures as dessibed above for the CAD database taws apply to die RMB database lilws.. On the RM54i Servet there should be an RIMS 11- (older, within that folder are Sue llonal touters for the proommonn (pro) and training go) systems. The components So b r backed up from there directories are aodmssed below. @slyr under the producron folder there should be at minimum them additional dhectodes' Bin Davma Drug Bin Directory Fmm the Bin Directory, only 'RMATSlystem seri' and any other rarghturatlon files should be backed up. Other configuration files would inGuoe batch files used in piece of the scrip) files used In the UNIX enNmnmem. These are usually files called from within applkatams; for FTPing or uploading wilder from on into the system, such as'Auloche.bal', "bplawn.parm and Lthile.men' It maybe easier to determine what can be grand bysts backup In this directory'. all eaewtabtes (.axe). deal link libraries (dll), COBOL generated file pgnt) and system lables Ttab). There are currently eight (8) adtlitionel shared memory fibs which Should also be Ignored; those files have names aasociafeb with the site and system salfings Suit in the 'Rm khructeminn conl'guratan fib. They will have names similar N the following. (sgename).PaLcommands (shename).Peacommands (sitename,Prdfields (sltename),Pat .fields [sitenam a "uhmasler lit enam d End master lateral Pm.MessageOrmers del (Shename).Pro Message0uems Lal stabaccul MmsageCounl dal (sflename).Pro MessageCOuntdo[ (sitename).system formal Pro system agreed) Pro mal formal End.uxappll Assumed) Pro uxtM (sitenamef Pro .c sob Define Dlrecery From the Batrms dnetlory, all files except SSF1.x8 should be backed up. However, these flora Sir not be ticked by the deckup process. amstepa Page 3 of Placed Meator Support Agreement Exhibit 8 Back Up Schedule & Prosecutors Drop Directory As lar re me oceration ohne system Is concerned, wanted from the Dmp directory should be backed up, as mese are all emamk files that Mn be recreated when the system is restarted and contain no Staub dela. Next, under the training folder there should nen at minimum Ne (5) a iffloonal direncries'. • Sin • Batch Daurms Dmp Tables Bin, Dabms and Dmp Directories From the Bur, Daunts and DMP directories. the process should be the same as pm0cated above. Sawn Directory Everything from the Balch directory should be backed up. Tables Directory EveryIDmg from the Tables directory should be backed up. GUI DIaMbutba The As Built Documentation should W reviewed to locate the server and Idtler name for the RMS distribution files. This Idtler should W Added 10 the system backup a Mat server. As mentioned ead'rer, use the same procedures as described under Me CAD? section for the backup it the Oracle or SOL server database files. Tiburon CARS Dfreaotlea The Dae low weds may diner slightly byname, however, the targeted files should nentook for a Volume named'Programsr (normally the D Volume). There are two directories stmt need to As backed up'. Tiimi and Tibi Was, GUI Distribution Sometimes the CARS Server I5 used as the GUI DiaVinution for RMS anchor CAD woM9ation diwnsu ion. 11 your CARS server is Word Me GUI Distnotraon server, please Include Inwe distribution lenders in the Daily Backups. These ran normally he found under the D'. (Program) Volume. Those Idtler names'should be RMS_Disa'ib, RMS Ti. If your CARS Server is also your Tiburon WEB Apolcation server, please backup the RMS WEB Directory which Ic rurally found under the DVolume. A review of the ASBushDocumentation ml1 identify the location of at distribution folders. WebDuery Server The WabOuery amara do not contain any user data, only the web page files. All user data is Stomtl on the associated CAD. CARS or RMB sewerrowever, the web page files should ed backed up on a regular bows to mentally restoration of Me sewer In the event of hardware lailure or data loss. It any of the following loders are on the server they should be backup up'. defend TlbRoct, Tiburon, RMS Web. moadeoa Pope 4 of Tiburon Master Suppers Agreement Exhibit e Back Op Schedule 6 descent Ui System backups The Tiburon UNIX systems require Iwo types of backups) one for the Touch Application and database, and one For the operating system 101 The OS backup should occur monthly or when any major OS -refused or proposal changes Occur The OS backup normally backs up just OS volume groups Logical Volumes) and should be a Bootable Backup (normal place on a lase medium), and provide a complele OS system recovery in case M total equipment loss. The Tiburon Application and database backupshould ercomcesa the Touch AppIIwY n file systems, database files, and the "put tiles of the Oracle database backup files, it applicable. The two basic ryoes of Tiburon Application files, CAD (Computer Alert Dispatch) and RMS (Records Management System), are backed Is a customs media tape eavlrs along with the output from the Oracle backup procedures and the RMSDATA backup issuance (if required). The I files used to review the completeness of the Tiburon backup wines are normally stored in the UNIX System drectory 91mpbiterwp or Anabarktool '. The RMS Application system's RMSDATA backup logs are shored in the "probes point)/(system typifies' directory In hep mg; [Iles called -dally " The Oracle backup utility stores the Oracle output database Utes in the hesyatem location of v(maum poirfaraclemrabackupnlSDRACLE_SIDp, p mount pointlaraclelaabsckupl(SORACLE SID) or some variant of naming convention Depending on the magnetic tape device used to store the Tiburon backup data the Tiburon master backup elimination very In Complexity, The master backup earlier should be launched daily morn the senators barred service. If required, Tiburon will set no the backup pcceas Mr each Tiburon Application and ensure functionality of the Tiburonnoddedbackup sprg6. Changes W those scripts shall only be made by Tiburon removal staff. Any changes requested by the Client shall be happened through the Tiburon Account Manager unrest the Tiburon -HEAT" system. Alt Pap 5 of 5 EXHIBIT] To Master Support Agreement WARRANTY A MAINTENANCE SUPPORT—GUIDELINES A OPTIONS This Eahitie is allched to, Incompori into and forms part of the Master Support Agreement draw _, 200 between the CI'ent and Tildi (herein referred W as the 'Agreement"). Capitalized! terms Mad nerem shall have IFA defimllons set forth in the Agreement, unless otherwise de0ned herein. In Me everf of conflict toenteen the terms and conditions set high herein and Mose sat fodh In Me Agreement, Me arms and conditions eat forth in the Agreement shall prevall. —The Exh)bit fogowe arm roswpage — Page 1 of 1 edit Adopt auypon Perennmt ENIdp 7, Wana My B Mamhren¢ SupporvGWdi a 01 TIBURI W .a c-rn..ie.u. t_y,r_n. Warranty & Maintenance Support - Guidelines & Options Version 2.7 Rugust4,2006 Tillumn.lns. R Comeu0yne Corp. 62905tonmtdge MAU Read Suite 400 Pleasanton, C094581 19251621-2109 Wartemy&Mni ce Soppml Veno.27 cmdcomsk W"n Noli[n: New Nnmomr inmrpmue WT oNno, ivmrd rma rhe p ... w roG..I'm UtJae prtvgn, isww Immm pmu,,umt m m" Qdbl... w my, rtplam mo pny, w.Lah &y il be tmgm .nio lb, ",t rtm.: publlanm M Ne gwJe. Tibm,,. I%.¢ ,, Jr ri ght by Win orimpow to, q,lymom rof.m, www, apmfimnmu MWM to thio) ,nmt i Y my ii= mJ wiimm my marc_ Trc m(omnnoo moulm ie blit dtmrminott mole emtm inMtml m rypopngmm mms. nhumo. Inc. wv rt,yomb,hu" 4 n d by enym, Dalai , Nc a,,, ymy tar moo or muaq am 11�e rts"ymh of wme thin Jommrnt nb.ron. me anon m b, hew comb, to, my chmagm 1111thIlb bm not htmod l.. mnv ... i tl. irwcwl me b] Ja rm, , lora of ofim M a mawt m 11mam.mm ,,1h maammmm mnsm, NTlle eray eRnn hm hrn mnde lm prtp.w m ne=ap m mogh mJ ,or om: Svmnrnh ryw emmemt" uueo rtgaNingimpoarcou to Jtis niers imal are ppmmj CapyrlghL All mm, mewSo pw of wa dmmmml my m mpmmm m my fmm tmumg pbommNnp or ,mimm 1, ,Oelmpm. witbx Ae pini mul=mmmrolThumnlrc. awniga o tcos by nma.. Im. N mm is Jie Ueilm goad M Amina. Trademarks: 'Ibe fohowing to, tydl m 11m,v, wk, aibwm. It, mJ mr rt ,tmdm wndmgln me umeJ Swonr Ammla CAD Computer Aided Dislmmh®, Cmnpomr AidW Dispm:W2 , CADafI Recons Mmagemml SyaeM200pS. RMS/20110®, Mesa Switching Sytyoyoo . M5sn2 . Judicial Mmlagemem System l g, IMSROCO®. corrections Management Sysmm/2L . CMS20LY1$, PIM5/2N . IDL®, GPAO, GMS®, RTM®, AMS )b)09. CAO Acyvity Repotting SystcMCARS®, Computer Assisted Public Safety SyybmWCAPS® All min mM and pmua neemt. eyv m wr boom w, n ,mmo, a ma, rryetire womma. PublicationFl Q4 : Pobllntlon Version 11ah wairmry@Meio,m,, Suµut O.Idehen A CpMa I Amgus J. Nb 'llm Jxorvmi xarpMWm Angms;IWS wwreEv R Mnmlenemx SPKM Vev,ipn 27 G'tkl me 6 Option, Table of Contents INTROOUMON _.._ ...... ............ ..................1 2. SYSTEMCUTOVER-WARRAFTY/MAINI£NANCE........... .........._.......__._......_................2 2.1 WARRAmCEMICAnary ....... r2 ACCOLAr MANAGFMtuT __. ............. ..............3 3. THECLIENTSUPWRTCENTTR „_....1 3A SUPPORT(SUDELINPS ...... _ ........ ........A 3.1.1 MCNWs for CunuRc ins the CSC ...... ... ........... ......... _.........._._._.----- ............ .................3 3.12 Riamiein6 TSRs ............. .__._. ........._...4 3.IJ TmM1nicnl Service Request- REpoNnBPrmedures.............................................................5 32 EfRxcuov AvreRHOURBASRSTANCC .. ....... .............6 4. BASICSLIPWRt ...........7 4.1 CALLLIxYT C..nTSvtm ll'CS).._ _.. ..............] 43 MorvmLVSSTA un R xz ..... n .........._._ ......... ...............7 43 LWLIDATAe,vAARm rvRATION1INIDBA) StmoxT_.......... ........._ .........A 4.4 VERSID AIDNACmMENTPInAT Ory stgaeT ....... .. ..._ _. _.e 45 VtASpx MAYA - v%T 71B0.AM ONIN... ........ .._.... .........8 i6 Tmoxrn Self cr uxorv.xcmml .._... .............. ....._.B 46.2 TCS SeBS .._............. _................ .................9 0.6.2 CSCSER GROUP. Pamm _. _... .... .............. ..... ..._.9 47 Tnoxryx U3F.RGROLP _..... .... ................................. _.9 45 ppnpl(i Sl'12R rv4Cumvmrts .......... ...... ... .....9 5. 0MIENA1, SUPPORT PROGRAMS 5.1 24% t SUPPORT FOR AnUInoNAL T11 52 DAI'ABAfE ADMINISTRATION I DBA) 5d Sv sKM AOMIUSURA70N SERVICES Warranty &Moore cn 5uoon Vermont 2"I Gumbiner 1, INTRODUCTION This document provides a detailed desorption of one service programs currently available to TLuron's artanry and maintenance clients covered under the Master Support Agreement (MSA). Itis document defines all second and optimal support programs. explains the procedures that clients must follow to take bull advantage of the programs offered, bed clarifies the client's mM Election responsibilities. As pan of Tiburon a ongoing a mmhment to it clients, we provide a comparefficierve and beneficial support es program. In respunee to client riecosionnernandons, we have rented our crucial Support meNrdology and augmented our technical support rationalities As a result, we am pluutl offer a variery of unbowed scorers to out edema under the Tiburon wamnry and maintenance programa. Tibman ananry and maintenance programs nexiname the integrity of the client's sync and u do potential for wines problems. Ti worst ands ce purposes offer venus olevels of operational and ttthoical support as well m occasions for Tiburonsubarea upgredes. THE SERVICE PROGRAMS AND THE TERMS AND CONDMONs CONTAINED HEREIN ARE THOSE AVAMnRIF AS OF THE DATE OF THIS DOCUMENT: HOWEVER, SUCH SERVICE OFFERINGS, TERMS ANO CONDITIONS ARE SVHIECf TO CHANGE AT HOUp NOTICE. WamntvekMelmeinnmgupmet Vtiion23 contents, at Cpdons 2. SYSTEM OTHER -WARUNTY/MAINTENANCE At syown summer the system , from the project phase to the wareorty or accountants: programs heading up to this major cultivate. Tiburon completes the warranty crdfinuon placers and assigns an Account Mmmger m Ne client, The following secdovsdtribe these aztivaies. 2.1 WARRANTY CERTIFICATION Tiburon constants an extensive Inmmal wartenry certiMatian Process before a project same Ne wartaniy prortion Wamnty certification ensures Nat Client Support Center personnel are equipped with arrme, sue specific documentation, including contact infrmating, dial-ce and aslant System epecificaWsns, and haN dwaupera mig system and network schematics , Working together, Tibrov's assigned Pojecr Manager and Account Manager verify the Accuracy of the client data as conch w Use Tibumn Client Support (TCS) system based on FrontBange Solutions' HEAT® suftwue. The TCS database stores all Peninrt client system mmnarri ion, and enables Tibumn sniff to provide the most consistent and timely support services passible The TCS system is into available to cornu after hours mpport staff, pevidingeary, secure access to Ne crNual infurmulion raessary for afterhourssupport 2.2 ACCOUNT MANAGEMENT Toe re the highest Imre] of enent.sadafucrion during the warranty and maintenance programs, Tiburon signs an Account Manager to each client to act as the primary liaison between the client and Tiburon. The Tiburon Account Manager is the client advance and acts as a fachimmr for client institution with Tiburon. The Amount Manager examines Ny clients are aware of critical information distributed by the Client Support Center and informs clients of new technology available from T3utn. The assignment of an Amount huniq r allows Tiburon to provide individual attention to each site, as we bemme involved in the day -today issues facing our clients. The Amount Manager also grandmas; client involvement m Thump programs such ns user groups, Was groups and trawim programs. Wro,amY&NIntionanceSman Somalia 21 3. THE CLIENT SUPPORT CENTER Tiburon s Client Suppan Center (CSC) is dedicated m handling client support requests 20 hours a day. I days a week. Including weekends and hohdays. The CSC % responsible for all Technical Sconce Requests CfSRs) for warranty and maintenance clients. On"a system Sees into production opereficn, Ne CSC is the Enter] pont of contact for all Ernest ueeds.'fine CSC offers aconsistent and focused approach to problem resolution, while providing accurate record-keeping and timely feedback to Ghent inquires. 3.1 SUPPORT GUIDELINES Tiburon has established soppon guidelines tam must M followed to ensure timely nen muse and resolution to issues reposed to in CSC The guidelines include methods for coherent the CSC, announcement or MS. and emergency afmohome.assistance. Tiburon co, emablisaed TSR reposing procedures for problem reposing and information requests, clear specific eMeneemem victims, and product eahanement Submissions. 3.1.1 METHODS FOR CONTACTING THE CSC Tibwor provides several me1M1W of contact far Lie CSC: Telephone Please use the following teleplmee nambers to contra the CSC (8 9 9) 445 (CSC tan free lino (925)621-2720(dinner Ilse) (511) 5994" (CSCbackup cell phone) (5 10) 599-1910 (CSC backup cell phone 921 NOTE. All 1mrsamp'I eaLLs must he eeporred by phone to the CSC to emwa Em me to lin lssuea. Web Site lim Ccubed 4 problem Repos, Incrimination Request, Saming Commitee issue or Request for Information vu the hummer by converfing to him./twaso,b M- NU 9' I' and entering mor migm client loginandpassword. T CSCsaffprovidesclimtswiththeloginand password inquired to amass the client support system during regular business hours. Regular businew hounare hfned as 8:W aorto SaOpm n Ne dienfv time zone, Monday tlhough Friday, excluding Tiburon holidays. TSR.v submitted via tine TCS Self Service link Send updmm to me TCS daubse in met Lim, mWe. TSRs coffered via TCS Self Service we reviewed and assigned within 26 boweof rereipt. during regular business hours. If ac email address is included with the issue submission. a cow 'ng email with rine IGS Call m (uvW for tracking purpm'eq is sent to the mem mill; perms Current TSR Status is available for revicov online at my time. Email Clients can submit Thus to me CSC via email to gypp nutibumn TSRssent via email Ism tine TCSSystempers and rvcagh b afCSC nnfimed by a m ssagetl e-mail message Lamenting perspai wNeb includes the TCS CWI IO S CLUI ID for hacking purpous). Lmeil is prwesxd g umine ones) Jurist re alar business hours. oro. Airfoil G, 2CW Wever B Main me Suo Vcnon27 Gtidc-ct&Our qx Address free to Tiburon Client Sopped Cent", and fax to: (925)621-2295 Faxes are processed chamber namilar business hours. IIS.Muil Mad TSRs to: Client Support Center Thrombi. Mr. 62M Stoneridge Mall Road Suite 4W Pleasanton, CA 9x588 TSRs received via LLS Mall and prodeased during re lar business hours. 3.1.2 PRIORMZING TSRS Clients should assign each TSR a priorly code consistent with the definidons outlined Mlow de wingue that Ne TSA receives the matim riate reslpnse and abandon required All TSRs are additional according to their priority level. NOTE Tiburon staff may recommend a priority level other than that requested by the client, if the requested frowns level due, not meet the intend Annual below. Poorly I TSRs reponed during 2gular business hours are logged and assigned to a Tibmon t"Mlcom foradgati and insulation. For clients and systema with 24 x ] coverage, Priority I TSRs can N extended 24 hours a day.2 days a week. Cllenla seed IYNWMN without 24 x] coverage cae captor issues via the Tibmon website, email or fr atony time: Thse requests ad nocesvetl during regular becomes hams. Clients and systems without N x 2 coverage can contact the CSC by telephone during regmarbusinevs hours to tepod a TSR. Tiburon Warnnrytl Marton... Support Vernon 27 Gwde4m A Garcia TSRs for Fronq 23 and 4 romens am ammead to the applicable technical learn for rtview,assessment, scheduling, and resolution. Regular TSR reviews between We client and the Rojecl Manager or Account Manager eilow Titiuran motordrome to focus lin problem noblemen and impress TSR rewlublin time. 3.1.3 TECHNICAL SERVICE REQUEST- REPORTING PROCEDURES All promems and enhancement requests for all systems used in a production a must he sported to the CSC uldizing submiss a procedures described in this denl Whenever p nsibla. supporting documentation or scrain shots of examples should ad provided when reporting laoblars. Following the pro(er repoNng procedures will expedite me problem resolution Forces. 3.1.3.1 PROBLEM REPORTS AND INFORMATION REQUESTS Once a client system is placed into productive oars, clients main all known problems and functional questions to the CSC. The CSC logs, assigns, and addresses the issue as won m passible. All TSR; me addionsN according to their assigned priority. Once a TSR haw been resolved, the client is contacted by mleplwne or email and advised that fire call bas been rewlved_ The client can either confirm resolution of the TSR at firm more or request additional time to test the resolution of the TSR If fire client cannw be onmemed, or if IM1e client requests time w test Ne resolution of We problem, We TSR Is placed in Teat Request motle. Tills placed in Test Request mode without any further information m activity for Id days me closed automatically. Tiburon occasionally nally provides client, new'Tuldi' Wm contain lxcs for one or more em mblereports. Once ati new mild has been delivered to s diem the client has W days to test he new build in the and r ing environment, All problems identified in the new build must he reported to the CSC as TM and must include a notation that the USE nae discovered as a result of unsling a new build (including the build umber). All new builds must be tested surrounded into formation within 60 days of sat games there ones solved critical operational problems in the new build that prevent this wood Failure w implement a functional new build in lie production mKmandant widen W days of ambit my result in Tiburon's refusal to respond In a new produrn export which M1as been resolved in IM1e new build. Auger 4. Zones Wamnry&Mainrersnm Se000n Vssion27 (mm,lneekootionx 3.1.3.2 ENHANCEMENTREQUESIS Q a cGem world 14e to and a feature that will erhana their syaem, they. can summer an eedeavuvem rea l to the CSC. The CSC logs all enhancement rt anter in the TCS system. Once the request u entered in line TCS system,aignedto the client's Pr jeer Manager or Account Manager, who works with the client and Tiburon'a is Management start to hlne lie requirements and develop a price quote for tinework involve. The CSC and Ne Project Menage m Account Manager monitor Ne progress of the request from the dam the request is entered to the relativismm of a into quote. Tibumu s goal is to provide enhancement quota to clients within 14 days for minor eMmeement tequestsand within 30 days Par more complex deal. 3.1.3.3 STEERING COMMITTEE ISSUES Client,mme ` submit a Steering Conce real for discussion and Terminal inclusion in TLumn's bazelinewhen they ricouncer a situation where a system manage or additional feature would enhance the fanctionalily of the sys enr Submi am Steering Commence requests are poste on homes's website in ere password protected arta for cGem viewing. 3.2 EMERGENCY AFTER HOURS ASSISTANCE Emergency asnaranee after regular business Moa is subject to the following special condition 34 x P support is avoided for all CAO. Corrections systems (CMS, WS and 1MSs and Message Switch systems. Resume support for Pdmity I TSRS is amended at my done of rhe day. E a client selects the 24 e service option for my once Tiburon applications, remote reform for Priority 1 TSRs for those applicationsalso provided at any time of the day, If a client formses aftem Clear hours support for applicatiowino a 24 x 9 coverage, support is subject W a call -ow too Tiburon, lot Aerate 4. 2006 Page Wanunry d Menomonee Support Version 2,l Guidelines & Option, a Basic SUPPORT 4.1 CALL LOGGING - TIBURON CLIENT SUPPORT SYSTEM (TCS) no Tiburon CSC uses FEeNT® Call Lugging software provided by FmmfWge Solrtiom', Inc This online dambuse is referred to as the Tiburon Client Support System (TCS). The TCS system allows us to c antral repository,of all produc6 poled, mtenance, and enhancement nobody. This software Us been us ermorm to meet the unique mobbi of Tiburon and its clients. The system tracks Technical Service Requems (TSRs) and provides a central repusituryw document each cheat's hardware, network configurations, product versions, support neMs, and specific requirements. Working with the clients. the Roper Managers and Account Managers peroffeally review and markets, the data stead in the TCS system. They also grandiosely validate key said primary contact vines, titles, pattern, mNexus, to spho a numbers and amyl atlNessen 4.2 MONTHLY STATUS REPORTS Foch month. Tlburo rends w nary and maintenance clients Monthly Signs Reports. Sum reprting allows but the client and Tiburon r all site activity and facilitates scheduling of music activity. The repent covers theprevious month's TecMlcal Service Requests frSoll and eMantement connotes. It s imported that clients review these raper for ecumcy. TO ensure lively problem resolution, clients should inform the CSC immediately if any discapmci¢ we discovered. Client Support annoterromments we often included in the Monthly Status Report mailings. Client Sapiens requite Tiburon diems of upcoming Tiburon Mtida}rs. Critical Product Nonferrous, Requess "insurrectional for Information, Upcoming Events, and Other TiWron news. 4.3 LEVEL 1 DATABASE AmwasTRATION (DBA) SUPPORT Level l DBA Supporta a standard fesmrc of Tiburon's Maser Support Agreement,MSA). Level I UBA Support services include the creation of production and training duubares to be road by the Tlburun applications for clients Nat do not have Heir own dauWse administration (DBA) calabilites. Database owners offered as part of Ne level I DBA Suppose do not income preventive monitoring of the clients danbaws, The client's DBA is also responsible for periodic dsubne backups, backup functionality ming, generic tlaubase maintenance, and database meavenes is the event of disaster. During Ne pe jecd phase before "go live" Tiburon veilable to u with the damome backup configuration Therealier. Tburan will be available primarily For Correlation to diagnosiNaolve da4Nx problems that are dirsdly blood in the Tibuan applications, Pleaze refer to the Tiburon DBA Services decurrent for lumber information. Tiburon Farr, imams 4.ZON, Pagel Warrant &Mone ce support Vns'on27 Guidirlet, so (pen... 4.4 LEVEL 1 SYSTEM ADMINISTRATION SUPPORT Tiburon provides Level I Submit Administration (SA) Suppun az a standard feature of dre Masmf Support Agreement (.MSA). For diems who have qualified System AdminiWatms, Ws plan provides be assistance ceeded to ensure than operating systems, hardware, and networking function properly to rapport tine Tiburon applications. Tiburon will prande support ranging from Information-unly. no applying minor changes (desigiution of mount change revervai to Tiburon, to Foremost resolution only for problems that may be encountered by supported Tiburon applications. Mean refer to fire Tiburon Systems Administration Support Services document Estimation information. 4.5 VERSION MANAGEMENT PROGRAM The Version Management Program (VW) provides Tiburon clients wife moraine Product enhancemenu and new features as an integral compor cent of Tibumn's Masru Supper Agreement (MSA). Under the VMP. thead vie clients are offered reimew updates to key Tiburon pmducu. TMse updates include additional fu orality, support for new othervas Of operating .systems. W12001731 dambeaves, and meter tlwd-parry produces, and in many cases, fine introduction of new ttahnolosiy, Ceent roundthrough S¢enng Committees and Focus Groups drives the majority of moment updates. While theremoptiowl fee fee consensus,sts the minority of The oufor tee VMP aretem included in e muil maintenance fee. There am smastions, where tee release requee atladonel Ilcerae feem s, mTibeton product upgrades, vLfitiowl equipme costs for migration for custom interfaces, Those foes arc exon east items. As part of each new releom. Tiburon advises cllrnts on Nese traders. The Vervion Management progmn applies to solxdM wniens of Tiburon baseline product. For full dermis of the Version Management Pmgmm, plees s refs to tee content Vernon Management Program document. 4.6 TIBURON WEBSITE (W W W.TIBURONBYC.COM) True Tiburonwebsite is a valuable client one ace teat provides convenient, amwd-aeelvek access to informaand spatial announcements products Tibetan's produand services. Many of tee yeas of this webshearm password pmrami Chino can comm the USE during regular business to obtain the login and pne word for your client sit. 4.6.1 TCS SELF SERVICE Fire TCS Self Service area of The website is password protected. All active Tiburon Clients can access the TCS Self Service system ria roe Fireman 24 x ]. Client cut view all Open TSRs and all TSRa closed within the previous 30 days, TSRa are displayed in a list domain allowing the user to doll dove and view all of thein urnsmon on an individual TSR. The websi¢ includes links where clients can complete the following insk: I Send satinwood information to tee Cernt Support Center. such as a screen shot oftheproblem. • Send the CSC a notice advising that a TSRcan he cli • Generate a Crystal Rent of all open TSRs and all TSRs that have been closed wiain the gaol .seven days. This infirmiimn can be eapored to a them's composer and manipulated using Microsoft Excel. lot VocormLY&N14mienwee paper Venne, ^.] 4.6.2 CSC DISCUSSION FORUM The password proccum CSC Disc on Commnables clients to you bulletin board massages that are viewers by ell other Tibum clients. Clients cm also post oxides to exiuing presages. Tiburon Manages all clients to palicipate in this valuable exchange of'mtbm um. 4.7 TIBUROIN USER GROUP The Tiburon User Group provides an important seismic to communicating with other users bad Tiburon staff Each year. Tiburon hosts a User Grain conference, offering missing sessions, pmsenta urn and pmdY dppmRlrWinnz Theannual conference enhces communication among a inYWucer new products and product upgpdesan anprovides working sessions focused on spxife seas of none m¢rese Exch agency can send as many mpreuntatives to the arcual conference m desired. 4.8 PRODUCT STEERING COMMITTEES Product Staining Component done Tiburon clients to Coleman in praduct development and i tion for all major Tibumn applications. Each PrtMucl 9xriog Committee is composed of a chairperson electetl by the Tiburon User Qmup, and up to five addidonal nor mMrs w1recd by the disigarded The Product Sharing Committee members solicit input fpm Tiburon clients licensed for each rubber line, and compile suggested product changes to discuss a due annual Product Steering Committee meetlngo which me held in too sprang. A Tiburon product advocate and Tiburon product technical lead atlend the annual Product Steering Committee meetings. Each warier begins with a bull demmsrtadon of aie current product version, followed by a disc on of potential changes and enhancements . As a result of isc These ds. the product Steering Committees dradern ase which charges will he applied to due reel product vernom brother Antenna Committee infmmados is ouressible via the password prdecmd use of Titanium's option, Posted information includes annual Product Starring Committee Enhancement lis6, as well as Product Sharing Committee issues submitted by clients for diarsuram At IM next annual product Slxnog Committee making. Agar 4. W,ffgIz&mm,T=nce SuaMn Vernon 29 G- 5.OPTIONAL SUPPORT PROGRAMS Tiburon's Account Mutagen will work with the client to tailor support Wogranns in the client's spxific needs and develop associated pncing 5.1 24 X 7 SUPPORT FOR ADDITIONAL TIBURON SYSTEMS Clients can upgrade to 24 x 7 suppuvt fm any Tiburon rysem at an additional cog Ler sysvm 24 x 7 support is sundmd for all Tiburon CAD, Corrections systems (CMS. LMS, and IMSs all Message switch rysmns. 5.2 DATABASE ADMINISTRATION (DBA) SERVICES Tiburon offers optional addedsmt DBA smica planar including Leval 2, Ievel 3, or Inaugural DBA Services on a home and materials basis. Please infer In the Tiburon DBA Services document for fuller information. 5.3 SYSTEM ADMINISTRATION SERVICES Tiburon also offers optional addedaou SA service plMu including: Level 2 PatendN SA Services, Lxel 3 Extended SA Services, and Level 4Incremental SA Services on a timeand materials hosier. Please refer to the Tiburon Systems Adminisuadon Support Servicm dominant for furter mfomution. I laconic Inc, A,po,l.2006 Page 10 EXHIBIT To Master Support Agement Systems Administration Support Services This Exhibit is attached to, mmrporeted into and forms pap Of the Master Support Agreement, dated 400 . between the Client and Tiburon (herein Warned tows the -Agreemenr). Capblizeb terms ased herein shall have the definitions set bM In the Agreement unless otherwise defined herein. In the event of toner hetwxen the tens and conditions set brth herein and those pet Rom In the Agreement the derma and candy ons set forth In the Agreement shall prevail. — The Exhibit follows Nb roveipgs— Page 1 of 1 areal MBNA Support Agement EabEtl S, SyWm bmlawals, asset Sen+u cremi nl Alharourne n.a ne.aoe.,aaHmaeem.nem mcomwrn*eeomo�mom Vmmuao T, mit SPiemv Aiminisuwon Support 5eMa TIBURnNA A CemnucrvE com-.,j, rm.titim. Systems Administration Support Services versEon 4 a August 4, 2966 111mron, Inc. 6100 Stoneridge Mall Bond, Suite 000 Pleasanton. California 94506 192516212100 yeMon 40 Timms ymms Aemimsummn snppwl serviess Notices. wpuF rcb,Wnle Wl upWeri uee utrz lbe pm uua Wblian Uplmepaes,5, v4M ammal mb4n rind spam neplamorl pogo bhxb Aced he merpM me, lb mos =wsumum Ne smi, Thump. lw nne to my, or imp,we me Nweeme, Mmmmy MOW, apmfimum, Octallul m tho&,,Wl, I my 41c us vsbom uq ooua. TM inNnnMn JmiIW In be, eanmemubv cOld wmain W,,mm m ppgmpsm a em ,' nbwm Im, ,,emy temm,why" m m by a,Xam I"W, be cospuy rw Intact m mn¢Mama]e m m ammb of ,W; Ibm tlmunem. Ttpumn, lnc shall nm w Mid Ila41e M my tlumogn Inalutlwg hm rot tinwN 1p mrtaepurnnal, innhmJ agealal Jamagv w lw vfpm!¢ azart,vllmmcvnnallm wiJtIDneucunem et lu me. MMIC nary Iffm On been mah b pampa, an uumte. I memp aN emrvtrs omwrcnt yew amnmrnta and nutOam na rtpNingi mpnrvanenti m thamm, manual me uppn=, Copyrighti .Vingaa,mrel. un pn Nlnii Jb,uuenl nmYbe rtpMmvlin unr lam imlW'mgpoueagyine mouwlvNn munMclmguuga, wiJxut We pvxnum avnwnveTMnm Im. CIPmAl0 MA Tlbumu lm. TO ixu mWemdweemrko(Conqut). se CmpmW— Fnmatl w Ilr meW! maM, M Angio Tromemark[: The(ollowtngwe meemoM1rarwvta nwtr o(nbwml lna.wx«pamol mpenAng In lne United Mans of Alm,, CAU - CWM,, AitlW Papteb®, C,,,,M kdW Papw.W2 O ,, CA NXAAD Rmmi, Managment SyseMMgA, pMSIAV®, Meme, Swilabing Symm,zibgay mmeassso, m4i,inl Mmegmet Sp1m,20yW, I145Mbfl, Cwmninn Mmegemew SynW,71 . CMSmKXKP. pMSIU(0D. IDL®. GPA@ GMSW, bT ae MSl1CW®. CPO A tivey Repaying SyseMCARS®. Cotlgma Maietei Public Sall SyoeMCAPSW Ay mhm Intel ad pmfio eunea mmmml m ley ryth an, voklwW d Nes rtq W," mumpmm Ppblkmtlon History: Pud'eation V M Tiburon, Inc. System AdlmnislTauan Slppon Services 4.0 Augum 4,M CompuDyne— Public Safuy & Juatitt, Inc. Systems AdminkVanon Suppon Seni¢s 30 Febmary 9. 1006 CompuDyne— Public Safety & Justice; Inc. Systems Administration Support Serviees 20 Goober 12, 2wS CompuDyne —Poblic Safely & Justice, Inc: System; Administration Support Servims 1.0 Aml 2$, 31105 This docummns was primodon May 19, 2018 Vmlw 4A T3uma 91N¢Nm Aamm6irveon Sum^m Sum,, Table of Contents 2 LEVEL I-CLILNTSTAFF-PROVNEDSASERVICES................................................................3 23 Rnni RFswrvsren rtFs ........ .............. ........ .,........a 3. LEVEL 2- EXTENDFD SA SERVICES __... .... _. _..._.5 3.1 TIBURON ResPONSIB DIR -.. _. -_.-. __S 32 TASKS OUTWE THT SCUFF OF Fw.L 2 SA SFRVICFS .......... ..........6 1. LEVEL 3- EXTENDED SA SERVICES....... LI TIBURON RFSWN.IGHV ,S.,. 42 'TASKS OVISlce MIRSCOIe VFIS'NEL 3 SA SI TO CLw RFSw RrI311 s ....................... 5. LEVEL d- INCREMP.NTAL SA SERVICES Au8uN10.2006 Pugai yna,ou ao prime Ssreau Maintenance Support services 1. INTRODUCTION System Administration (SA) is a am of periodic correlative currencies:rac practices which, fathomedanciently, help ensure application Shame. System AdmiNstration marks focusing on hardware, operating systems, and ne rvurkrrr — as essential to the continued proper function of a system as application ndromistrntion, and are generally inure critical to ensure mwmum system downtime. SA tasks as performed by Tiburon. Inc. f riburm) focus on Ne following general Store: • HaNwere Support— configuration, npdmms, incerinatioll,nwn arta dughte Operating System Support — configuration, updatering, maintenanre, and diagnosnas Networking—configuration, mo doing, and diagnosticstm Backups - configuration.maintenance. monitoring, and diagnmtics Routine System AdminwhomMal addresses common problems Net cep threaten application Spine. For eumple'. Filnyamms may horning full as applications or Ne operating system write to log files or create new files, preventing proem application andlor operating system function. Roper monitoring and appropriate action can ensure that finsyatmu do pre become full prim no the point at which they impede application function. • Changes made to system files such as letWos6 can adversely ac tt system coupon, lealwg in some ecus to application outages. prefer maintaining and planning minlmius Ne impact of such changes. • Contended backup procedures ear encounter problems that go noticed, jeopardiong the climb a ability to recover either the operating system or application dam in the event of hardwarti'ailure or data corruption. These problems can be discovered and remedied through regWar mSiev of the bazkup logs and penodlc verification of Ne beckup sages Sommers, As the system ages. firmware levels may be supandeced to include.supgort for new hardware and to improve support fm moaning beromm re. Portable review and upgrades can hep prevent issues'ansing from outofdate firmware. • Opemting system software may be firoom and and require patching to fix wfiwate defects and to add additional Nationality. Pennine review and upgrades may refuse Asks assoniated weft software defects and out.sh ere operating nys¢m mflwam. While acme SA tasks regire only a basic famJiamiry with Ne operating systems, networking, haNwart. and backups, meay other tasks island formal morning and expenumm. or at least a qualified System Administrator. Thburon offers Level I Systems Ablmnisudtlon Services (deunbed below) as a standard forams of Ne Master Suppod Agreement (MSA). Tremor for yen;on Jo Tdi lesions Admimmarmnn Sell Services The Systems Administration services offered as part of the level I SA Services ere limited to a on of tasks Nm reasonably fell within l ibumn's purview, assuming that the client has system administntiou staff performing the asks outlined in one SA Level 3 and higher offerings. For instance. level I Services do not include presort monitoring of client systems, hrmware upgrades. system Wtchang. hardware repair or disaster rtcovery, Lnvmevel I See that the ellen is responsible fur operating system and deurbackopsand disaster recoveries. Even the client a sures the money SAmm. Truman is available during normal bus ss hours for backup planrdng and consulting for damase- brelated problem gn crao blorvolutiunrelated In Tiburon applications. Many of Tiburon s clients do not have access to the services of a qualified System Administrator. For these clients, Tiburon offers two up ional extended support service plana to ensure that the client's systems mmgnty, isuirium These options provide essential SA success son remote accessat a function of the cost associated with a dispenser full-time Systems Admirtistsatm. This Level 3 SA Services were s designed far smaller system that ere less prone to container Performance problems but which rergymnegularly scheduled checking. This option provides for monody mooimring of critical i:aues and limited performance tnaimrnmm. The Level 3 SA Services option is designed fm machine to large amen , and persists monitoring for a proper quantity of servers. holing. burned analysis, and advanced mining services. The Level d SA Services option also oReresg full tome of SA services an a tiarc- and -rrerenals basis, as described below in Lntrcmoml SA Services. LrT.a'[� l Ir nnio rbumn stabow Administration Support Serwas 2. LEVEL I- CLINT STAFF -PROVIDED USERVICES Lwel 1 SA Service is a spntlard feature of the Tiburon Master Support Agreement IMSA). Por clients who have qualified System AtlMnirtranrs on their staff, his plan provides the minimum assistance deetled to Ensure Nat operating systems, hardware, and rntworklrsg broader properly to support the iem's Tiburon applications. Tiburon will provide support ranging from inforawmwainly, to applying minor changes las defined by Throw). to providing «solution unity fm problems as may be encountered by the suppaned Tiburon applications. 2.1 TIBURON RESPONSIBILITIES Coverage is provided morning normal Tiburon bnsinns boon Afterboomcoverage is . only available to lurvlI clients as a billable was for the. standard after-hours fee and the Time and Material: a") support coats. Tiburon will work whin they clients SA to assist with backup planning. Any Tiburon -provided backup scripts will ']veto& -con explanation of the implementation memo imM. Tiburon will assist the client SA in Bening up Tibmon-prepared automated database backup scrips. Tiburon will waist with tesUning high availability cluster software after a crash only after the clients Systems Administrator has successfully renaned the operating system (place: now high availability examines below). Tiburon will expand alienation disk space allocations s moment to resolve Tiburon implications problem reports if and only if disk rya.ro is mildly available (please noir: disk exclusions below). Operating sysmm probes required for conunused proper function of the Tiburon applicaoonfs). 2.2 TASKS OUTSIDE THE SCOPE OF LEVEL 1 SA SERVICES Inniillation and configuration of hardware or disk recadfiguration, Installation of operating system, fimrwaw. or dmabax etches not explicitly required for tine comers funttipn of installed Tiburon applications), • OS/Firmwarshmdwme repair appear Travel to client site to remardy consul system consim. Reconfiguration or modification of high availability answer softwve (HACNP. Sm'iaGuaN Windows Cluster. other) to corrosion to chmaArven network or haNwart changes Oimber Recovery assistance. final remver'y N triggered follows: fine or was installed Tiburon applications are impemble wan of problems outside the wope of the Covered Applications ThepmMemcausing Nelossbrlhavec edunnllourifupplicabonWnednnu Nor,wrver function due to one or mine of the following uoms. a Network Failures Switch unless Routerfrmseek Fi orall issues • Standard cabling problems Oso circuit failures o Hardwme repair wxamptes behw), for servers silly Version ice Unseen Systems Administration Sampan swarm • Complete ayseem replacement Disk replacement NIC replacement Mainland replacement Replacement of other component necessary to day -lo -day operations o Software maturing, for servessonly: OS restoration to previously functional levels Application resumption Damlease mountain o (operating System remnf6uration Any additional configamtion files required to suppon requhed application (unction. Operating system pefl'otmance or pzmmeter tuning C infignm a psoarrcRrs and files compiNog confignable parameters In Neevent that th client desires assistance for any of tasks listed above, Tiburon offers services as desedbrd in Incremental SA Services Level4 section of Wb document. 2.3 CLIENT RESPONSIBELITIES Provide Timoraccess to systems for problem diagnns and minimum provide hardware as; required to enable system gowN and norntom a high level of system leaffirsomence Retfotm backups trope swaps, backup log monitoring, tape drive cloning) Initial failed hardware corbact with hardware vendor un toss Ne hardware maintenance is provided by Tiburon cordanc with the Masa Support Agreement (MSA) Initial contact with Operating Systems vendor reguding patching OS if me relined drseclly to Tromso Application requirements Disk space allocation av requvect by the appormon border dambae Mancuso Tiburon -provided backup scdpccKohware Rrform recoveriea in cure ofdocco r, including but not limited to the following: MkvysNmakcrecovery r{stores(orother Bd blc OperadngSysttm Reston Utility tapes) Tn ms es from tape (UNIX system) • Verireastl3ackup Execmpe(irdows systems) d Provide uquatifie'Tandlo expertise at the serveCn Ne cover n ten in the event that Tiburon application malmicsl Lniff awe unable to remotely connect to a crashed or dhernbe wig ai ed computer system Tibutou. drat. August G. 2006 Debbi Version 40 Tiburon Sissons Arc inunatian Station Serv'cu 3. LEVEL 2-EKTENDEDSASERVICES This olNo rd plan augments IM Level 1 SA Services and provides this minimum System Admmisn'utim lieurequired tp ensure the arrests and gyne m Tiburon applications. support Tibuapplications. It is suirnd for smell- to medium size. continues that don have a fully qualified Sysmm Admivisrieor. In addition out the Level I SA Services support larks, the Level i SA Services plan provides monthly mote mmitoring of server systems to help diagnuw and repair perm emu before they have a commented effect on Tiburon application claimants. Level 2 SA Services require that the client have a competent SA staff cruise to manage operamsystem, handsome, foresee. and networking is se Tiburon a responsibility IS to provide dognoem and proactive maintaining mther than arrive inventories. This prmobvi monitoring includce Shocking backup logs (if Tibmon dahobesebackups are used). xrver operating system error lags, analysis, and recommendations to remedy detractors for mainceron Storage nceds. and identifying Significant manges in System performance. The Level SA Services option also provides a monthly arslysis rcpmt on backup sWps, disk uWizadan. antl my other issues related to operating systems, hardware, or networking. By providing essential System Admiwsneim mawwring and limited riper virtues on a remote basis, Tiburon can offer these professional services at a taction of the cast of a dedicatee, full-time quAified systems administratuc The annual plan includes support for all servers an a side. up to it servers. 3.1 TIBURON RESPONSIBILITIES Perform all Level l commit tusks Provide Lived coverage during nornW business Mwre Perform backup attivitier. as follows: - Premme and menain backup plan. Stomach. client respunxibilifes. tape Scheduling and management. and tape dove service require - Set up and maintain automated backup scrims;(ifTiburon backups are asedl- Client relaimS responsibility for managing tapes (swap, replace on annual schedule, meintadn ape library son). - If Tiburon backups are used. perform hope recovery procedures, or assist the client System Adminidmatmav seeded to restore files from time if lost air damagcL - Mmitm backup logs consul (if Tiburon backups we usual - Perform annual verifcatim of backup rope contents OperGing systems, barderm and networking assistance, as follows', • Amiss with diagnosis effaced hardware a(feNng Tibanm applicationfunction • Assi wird aiagntxxnfvpereing system issues aRecang Tiburm nppiicetitn fwetion Assistwi0 networking fire es affstivg Tibumv vppllmtwa fmttian Augut6,2006 Von,,, a.n Tibumn illusion, Acdcammullon Snopon Services 3.2 TASKS OUTSIDE THE SCOPE OF LEVEL i SA SERVICES h isas¢ron of planning ss function undi not of Claur ng pp.rem. Fltmware, or database patches not ezpfi[Ny ruryirm for the correct Oluteonof tt¢Tburon application • Oallre remain with dTib con repair support -pommy support responsibility for these i[ema Trmel main wtsi diem,andl iboronthat system Cotillion • Tmselm cats natlycr criminal high e[ros,excequster at on's Nuretian Windows Cl modification of high availability cluster sohware fnACMP, gervittGuerd Windows Cluster, o[MO mconform mcliemdmen network mhardware changes. 3.3 CLIENT RESPONSIBH.ITIES Provide Tiburon is to systems for pmblem diagnotls and promotion Private hardware as mquired to enable system growth perform briefings torpor swaps. backup log munironng, tape give cleaning) • Iwtiam failed hardware contact wip hardware winner Perform recoverners in cuelf disaster, including but not limited to the following: - Mksysb ventures (Or other Butudide Operating System Routine Utility tapes) Rewvery from ale I pimento qualified un -site experBu at he scrvedin Ne server room in the event that Tiburon is unable to ornately coram to a crashed computer system Tiburon, Inc. Autres 1.$1106 pntx b Viacom ao Tmumm syeem, Atlmimew on SupPort Smicu & LEVEL 3-EATENNENSASERVICES This optional plan provides more Marnetand extensive su m iniatur a se es to Min address the reds of conditionconditionto large ago first bt donot have their own SA. The Extended SA plan provides all the services of level 2 but a 2ah7 bass . Like Leval 2, this pion ptmcGvely movemor hardware and near log, storage need, and synem performance. A word on backup slats, filerysWn groMh, and any problems identified is provided monWy. These System Adminismalion services art performed via remone access as specified by contract between the client and Tiburon for in avenge of than days per month. The standard plan includes support for up o three databases, each ®pporting up to five agencies, For clients with mom systems or agencas, Tlburm can design u cmlbmlud plan. 4.1 TIBURON RESPONSHIMITIES fToviae an Level I and Level 2 suppdn asks • Provide 24(7 support Perform backup maverick. as fol laws: - Prepare =it common backup pion, outfming client responsibilities. tape sclwdaling and eogement and nape drive crones, requirements in concert with me Tiburon DBA team - Set up mid maintain automated backup scripts (if Tiburon backups are used) - B Tiburon backups are used. perform tape mcovery procedures, or assist the client System Administrator as diamond m ra tow file ffommpe if lost or damaged. - Mmdmr backup loge meet (if Tiburon blubbers me used) - Ven& backup Mae contents annually perform problem diagnosis and resolution an opeatbg sterems. hardware bad networking. This does not imcmdo: toaster recovery services. but is limited to We following (in service of the installed Tiburon applications only) Diskallocadonchsnges - File changes fbmis. other) V etwmk amlysis id service of Tiburon applieatian(n) - Main nsyste untcaid passwords Provitle annual peROTu nalpis. repot, sed Wjus nls to fyelem peAmmance puamelus ao required Perform Monthly sureview of hardware red operating system on tumid centers add produce a wnuen repair onthehe results of llu review, 4.2 TASKS OUTSIDE THF: SCOPE OF LEVEL 3 SA SERVICES Shoreline Diaster Recovery services Installatim of operadng system. firmwar r or deubua patches not explicitly required for me coven function of the Tiburon appGwion Operating SyoleMfirmwartlherdware vapor support • Travel to dssnt ore 1, comedy critical system etmn eeconfigurn mmdiHeaion of high uvailnbiliry cluster software (FI uCI.P, $mlaeGuard Windows Cluster,order) tocunform to clieotdmen network or hardware changes. W address changes Page 7 Vemiov>.0 Trianon Systems Adminirvntiun Supyon Ssmues 4.3 CLIENT RESPONSIBILITIES Provide Tibural access to chairs for problem diagnoses and resolution Load and manage backup tapes per the backup plan and during recovery, Furnish bardwme ro uncal for dambase gmwlh Provide qualified o expertiee m Ne event Ilim Tibumm w e is unable remotely c eft to a molted computer system Tibwon Ine Argun J. 2lM page VanionJ1 Tiburon Sycemn Administration Support Stakes 5. LEVEL 4 -INCREMENTAL SA SERVICES In addition to the packngal service plans, Tiburon offers a Poll range of Sysmms Administration ser aces on e fixed-price barA These an be used as reedend at any ume to augment any of thepackaged plans. For ample, this option is ideal for elders with I,evel I or 1<vel 2 SA Services who before an clearing system patch set or operating system upgrade after an extended penad of operation. Timmmprovided Incremental SA $etvn'es can include, but ere not limited to; • 24n coverage esti-mamriuls basis, plus the standard after hours call.sut fee for calls recei,rad outside of normal support hours Any service offered in larvel 3 and larval 3 (eµ.,.ierviers one or more levels above purchased leveq Growth planning anticipating more.smoge, memory, and CPU require ents • Security mourrinding and auditing, recommittal access revnwing published actuary slurry, applying secons, patches • User normal and homes tights administration Beyond the Tiburon snndard accounts) Nan-Tlbawn (i.e., third -parry) soRwme version upgrade, subject to appreval by Tabu= application enumearingsdiff System license compliance review Reconfguo m of backup scripts to incommodan or re optimize performance and from following hardware upgrades of changes (provided oat this does not varied slotting agrceaneme with he f ul pari vendors) Assistance writing scripµ apuesaW by Cher System Adminissamm Gaff fou monitoring performance(includes emvl slipµ) Hardware Transacts. especially mow regaining onsite supped from Tiburan Data owners rehired as the result of moreover • Downer recovery support, including the fallowing: -Hardware replacement (client must maintain hardware support trenvut with hardware vendor) - Resroration form backup tams: If Nis requires US nesmotion (from mkaysb or mekelawmy, or from Windows militias doing de same), this task shall be m omnically con ward as ensure work, and the client shell be liable for all novel casts m and film client she far the duration of the reunion. If Ws disk does not re3ube rtslodng the morning system well as applicadm doer then it shWI he Therefore d ec scour wordier Ne work shall the performed remotely or in Pre client sin. - Other 536 ticks required to bring client's compeer system to the paint where Tiburon application fancuon inn or rcibrzd. This point specifically excludes imins out of Tiburon scow Network configuration • Hardware banning • Hardware msemhly (a g_ vendor reprasenµrives mast da this) • Automatic mone firme (before traveling to client site, Tiburon and client will esublisb a mutually agreed to billing ate for Tiburon msire time) E%MIBITS To Mater Support Agreement BBA SERVICES IMS Exhibit is atbched to, incorporated Into and forms pan of to Master Support Agreement, cated— 21 between the Client and Tiburon (herein refined to as the 'Agreement') Capitalized terms used herein shall have the definitions sot room In ale Agreement unless otherwise connote herein. In the event of comfort between Me same and conditorls Saffron herein and those set forth In rte Agreement rhe home and coneNonssetfoM in he Agreement shall prevail —The Exh@h/ollows MIS covarpge— Page 1 of 1 30080108 Meslw Suppmr Air,,mv E.hee e, DIA seven, mmoe nc.ro.. mo. AN vi m"i Tv, .r.. .. a rieserw uavii of onvi comomiw TIBURAN" A CnMr JD Nr C.m, ,, Database Administration (DBA) Services Version 4.0 August 4. 2006 Tiburon, In. 6200 Stonerlage Mal Read sure ORR Pleasanton, CA 90516 19251621-2160 Vnminn ad Whl Administration Servbn Titiumw Jrc rvdi®: Yew patem umemal01'Cal...wm fine, the mr,", wbliawimupaue eeknem scuJ hiv¢v pubkdvlmr, evnwv maitumd made, ennui µea wbkk dead be neem .mo be most meet Pblonnon of the me, .mmm�t¢ ¢ e be imine" do q..pbom..wnwwe anew, apaihnllonv m.nm.n lm, aammm.l any t", 'm "land my Awl¢. inmrmyion Ywlad Iv rL ole veno,, iwbnial or i cma Mal mux Tintrum be, my rtxpunYpail muamtl by m trice Ye mommy far lear u w'M oo wh v mien ba Rmmrcu bu, Did not be field Iiblle iw my banned .... am .hot act mmd w emmediumxgm,m, wemtl mated dvx6gw loo of pvim fir. mull 11 11 wild dilae111mm w la vx. wbbe nay thou An hem mml, in mum, m ua Unm. dmvneh and [mane do¢nenv your urmnrnt, ord notal eine mm rcmm. is mix a:r, mind ad nepuinea. CopyngXL AllrieMrruwm. NOP+, olltia JvvrsmimY bempoiuml'm mY lum NdLyo6 Pti^°<WN^LL uwmlvtioommMolmgmge,w arpnw rwm rvlunlvftibmm. Ne. CnpynYfl9:IXlfi Twuni¢. 15kmm nurtglemd wkwarkdCwipaPre Cognomen. Primm nn lR klwrol Sou of Ammon, Trademarks: he muownmmd wmnminrervi¢ matr w Tifton, mt, ma my,po epndn6ln be lab aStmenf Ammm CAD - Comlrvler Aided DbPolch®, Computer Aided Uispalcn2LU'J®, CADnU'NI®, Records Maragemem Systcm20.'pM, RMS/20UIM, Massage Switching SysIeMO", MSS2000®, Judicial Management SystetrffiIXNI®. J.MS/20()(M. Corrections Management SymeM21)W&. CMW))JV. PDMS/20W8, JDLO. GPA®. GMS®. RTM®, APSROpI®, CAD Activity Reporting SystenoCARS®, Compactor Assisu:d Public Safety System/CAPS® All adv head oM memo nom Memem a ad nide w, u d,utd, of deb rgi¢tiun mmpuim, Publication History: PUWlution Version Wry. Deal Administration Serocn Da06ase Admwisuadon Services 20 July 15, 2M Detail Administration Sereires 30 Much 20,20."6 Datababe Adminiswtom Services 4.0 August C. 2" Thin d¢ument was pnrud on Mav 19,2M Version 4.0 Dambose Adnuwsvnuom Servim T@uron, Im Table of Contents 2. LEVELI-CLIEM1T'SDBASOPMRT '.I Trin RIm' RFsnoN'.amnrtlFs._. 3.3 CIre.NTRFsmu.SmlLrtrtS .................... 3. LEVEL 2- BASIC DBA SERVICES__ 3.1 TIRIIROX RFSPoFSIBRMrS................... 33 CUF'xr Re5WR5181Lrtivs... __.. _. _. 4. LEVEL 3-NLLDBA SERVICES...... ..._.._. ..._..... .........._.....6 4.1 TeLRnn RFsm gmlrtlF[ __.. .. _... .... ......_6 42 RIG'I RFLVNSIR WfIFS ... _... ._._ ] 5. LNCRE6 NTALDBA SERVICES 8 Version an Moors: AdminimNna Servlets Tiburon, Ina 1. INTRODUCTION Periodic database administration is necessary, to tire rima fefabelly and offers in case of a Nsaster. Tiburon. Inc. (Tibumn) offers three levels of database administration (DBA) service in help our clients administer due databases used by mu prMwts. The service plans range from assisting clients who have their own Dulabary Administrator to performing all requireA DBA functions for Ne client N each plan, our goals are the same: to ensure the safely of year data, and to poster stable, reliable operation of IM1e moral Routine administration addresses common problems that con threaten database jnucgmy, toreaample: • As the database grows, it may eacead the capacity of one of the various dambese files If this mains, data entry is in cromptrd until the condition is fixed, • The development or new reports or changes in usage of existing tepans and mah les can adversely affect database performance. Proper monitonng and planning minimizes the impact of such clunges. • Unattended backup innermost sam encounter problems that go unmticed,Jmpandiing year ability to rover the database in an emergency. A murine review of the backup lags and panodic verification of tthe bxkup tape contents ensures that Nese problems are becovered and remedied. • As Ne database driven, the ormnowistom of storage structures may become less alfcient. To moment optimum performante levels, tables and Indexes may need periodic rebuilding • The database software may need panodic ImiffJ s/pamhmg to fox any issues with the datmEM saflume senors. While mine database adminismative tasks require a hgree of familiarity with fee RDBMS, salters require formal training andtor exper nisi or a qualified DBA. The Level I DBA Service described below is a standard human of the. Tiburon Master Support Agreement (Ist Level I DBA Servide involves Ne tteadan of prWwtioo and coming databases to be used by Tiburon applications for chews that do net have their own daft administrator (DELA). Dau ace, .services offered as pan of Ne Level I DBA Service ane limited: they do not Include provender monitoring of the client dambases. Level I DBA Scivacc also requires Our Ne client parfomr periodic dsabase backups, backup funclionality monitoring, periodic database. maintenance and resource recoveries in the event of deviator. During tlm project phase, her.. go -five, Tiburon is wailaMe m asdn wO configuration of the database backups. Thereafter. Tmumn is available parrs my for constitution to diame sufa olve GWttax problems that arz directly mimed m the Thumn applications. For clients that do not have access o the serves of quaffed DBA tensional, Tiburon offensive optional acdeLeon DBA service plans: Level Client DBA Support Level 3 Client DHA Support, and Client DBA Support an a timeandmaterials basis. Those options provide the essential DBA services via Oatan owners, at afinedum of IM1e coal asamiated with a rebound lottime DBA Level 2 DBA ServiceB designerforsmall-towfflmsiwdan wsthalgtowauslown mdunlikelyto mII perfoomm problems. provides for monthly moniloringuf crumalame issues and limited perefformance maintenance. Level DBA Serv.ce is designed Or uncommon- to latgaaize databnacs, and provides am frequent monitoring, recovery testing, and advanced mwvg services. Version 40 Tibura6la Y. LEVEL I- CLIENTS DIA SUPPORT Level l Service is a standard feature of the Tiburon Muter Support Agreement (MSA). For clients siin Ther awn DBA, this plan provides the support needed to ensure but the dambase supports doir Tburan applications. Tiburon will provide support ranging from providing informerom rely to making dalabue changer nt fix amy the problems encountered by the TiburonApdcations. 2.1 TIBURON RESPONSIBILITIES If required. wink with client i phis on Production daubaae backup planning • If required, work with client's DHA in provide a sismnce in coding up Tiburon prtpared summated databaw backup scripts • Problem diagnosis and msxdution on an gx5 basis I230 trisection is optionaq for dsaM1ase issuer related m Tiburon Applications, in accordance with the Mosler Suppm Agreement (MSA) • Expand database disk space allocations as requirid to resolve Tiburon applindon problem repass I Consultation as needed an Tiburon application furnace requiremens 2.2 CLIENT RESPONSIBILITIES Provide Tiburon access to database for problem Nagessivs and machinist PCrPorm murine dambaa monitoring and extensions of rmnge ellocmians Recognize: indexes and tables as rcquirM to emotions performance levels Perform all disclose performance analysisavd mixing Provide required hardware Pm daubase growth Percnrmingartual aatnbaw backups and recoveries in case of dissster lx'. Augur G.30d5 Page oration 4 0 Pleb•x Admutisamm Servers Tiburon.inc 3. LEVEL 2- BASIC IRA SERVICES This unmoral plan provider the minimus, daubaw atlminismadon serd"s rtqulnal to ensure the safety of your agency's data and unmtemtptm operation of Ne database It ix best suited to mind- to meammaim agencies that do not have boar own DBA. N minimum to the services provided in Level I. Ne Basic DHA plan provides monthly, diel -m monitoting of retial dawlw.w Issues. This pmactise monitoring includes checking backup logs (if llbudan database pvekups art used), mandate ennr lugs, analyzing and addressing near -¢mi storage creeds and identifying significant cleanses in database pertomiance. A monNly repast an indoor status, database gowlM1. and any problems identified is also provided. In adtlition, this plan pmvidn for penedie rebuilding of indexes and tables. By providing Ne essential DBA services on a dial -in basis, fm an average of one day per month Tburon can offer Nes semces at a @action of the rest of a moderated, full-time DBA. Tom rime also provides the crude for Tiburon to configure add maintain database backup senior,' and pertomn recovery in rase adisaster strikes, as long as Tiburon combine unarmed an used. 3.1 TIBURON RESPONSIBILITIES Prepare add mountain predaaion eaabam backup plan outlining dicri responsibilities, rape ofirduHng and mansgement, and tape drive aerator requirements • Set up and mommin automated backup scdpn, if Tiburon database backups are used if Tiburon daabaae backups are used, perform tletabase recovery procedures. or sssist only the client s DBA as needed to restore the database if lost or damaged Monier backup lugs mo udy, if Tiburon database backups art used • Examine backup tapes periodically • Perform problem diagnosis and resolution on a NO ludis • Monitor database disk storage growth monthly (rablespa¢.extents, hlesystems. amfives, redo. temp. do) • Expand disk space aligauons as regoiredgemecapa¢. filesystems. archives. redo. temp da) • Monody monitoring and paging of database sled log and trace files per potential problems • Monody momtonng of into-0didnere processes for refund problems (explication, two four commits) if applicable. • Monthly r ring of mundane performance Por aigntficant changes and identify problem applicationand SQL statements • Maintain ficamme system accounts and passwords car Version 4.0 Wallace: Administration gerricea Moron, for • Amwally rebuild indeaes. 11as task could requiredalabaw downtime • Annually reorganiaeldefiogmem heavily updated mbles, if foramin¢d. ThiM Usk could require dambase downtime. • Perform daUbase sor are version upgrades, if needed 3.2 CLIENT RESPONSIBILITIES • Provide Tiburon access to database for problem iiagmsis and resolution Load and manage backup napes per backup plan and during recovery • Perform periodic lerfamunce Wrong, if needed Provide hardwam required for daUbnse growth Vesinna0 reaches,"cometyion Services Tiburon, Ine 4. LEVEL 3- FULL BBASERVICES This optional plan provides more pontuart and extensive administrative se o areas address the ads of medium o large agencies that do not have their once Jul The FLIT DBA Servims plan pavidm all the s of raved on a biweekly basrs, plu.v expensive recovery testing and dnubase ring, Like lover 2. this plan moue ely monitors backup logs, comfort error logs, storage needs, and daubase programmer. houses and tables are needs mute frequently and the plan covers more of them. In addition, a refund on backup status, dammun, growth, and any problems idendfled is provided bi- weekly. These DBA services are pragmatist via dial -in access for an average of three days per mrmN. 41 TIBURON RESPONSIBILITIES • Prepare and maimam production damhase backup plan • Set up and maintain automated backup scrigs If Tiburon brichnse backups are used, perform data me recovery procedures, of azsist only about's DBA as needed to aestom Je daubase if Ion or damaged • Biweekly mu erring of backup logs Examine of backup apes menwy • Periodic database recovery tatting for veaifcsdon of backups validity • Problem diagnosis and resolution on a 240 but • Weekly mon it ring of dameres, disk attempt growth oublespace, eareaq filedomms, archives, redo, temp. rest Expand disk space allm9i(ms as required fmblespict rin4ysRm , archives, redo, wrap, class • Bravocklymonimring and purging ofdalabase alert In and mux files for potential problems • Bi -weekly monitoring or im crimumme pmoweat for coconut problems ireplication, onaphrom commits) • Bireadily occurring of database performance for significant changes: identification Of problem applimionv and SQL abmmems • MaNmin dmabme system accounts and passwords • Rebuild indexes every b monis. This task could becaie downtime. landerm database software version IgBades, ifneeded Quarterly reogmuIDtionedefragmandng of heavily updated Wiles, if fragmented. Thm tisk could rewire domestic downtime, Version ao Deubvse Administration semcc neuron.IM Muuw pedarmanceanelrsts. report. and adiusunen¢ to dawbase performance paramemrs as required 4.2 CLIENT RESPONSIBILITIES Provide database access to Tiburon for problem disposes and resolution • Loading and managing backup ropes in the backup plan and during recovery Hardware requirW for daubase prowW Prosaic budware resources required for dambo se recovery lost vomomid UauWe Aeminimetion scram TTu o4IIX 5. INCREMENTAL BBA SERVICES In addition m We packaged wrvnc plwu Tlbunn...ffom a full range of DBA arvines an a dmerebd Brads hasis. These can be used at any time to augment any of the presaged plana. should the nand ousse. For extrude, Nis optionv ideal for Level I nr Levd 2 clients did mad a daWve e baLune them an .extended period of diamond. Incremental DBA services my wclude, but me not limited to: Any terns" offered in Level 2 and lovel 3 • OiowN planning, amidrating NWM songs. memory and (Ptd requirements • Security monitoring and auditing, codmiing accesx reviewing published security alerts applying Wendy patches Dambave ever account and access ripMs administration (edyond the Tiburon standard womad • Dvabave software vervion upgrade services Dahatme Formed compliance moNNring Reconfgudng the database and backup xcni to accommodate of re-oplimim performance following hardware upgrades or changes, pnrvided Nat this dreg not violate existing agreements wind that nom Ti min vendor • Assistance mi Lord redesigning problem non-Tibwmn SQL da¢mmts • Adding indexes and changing database ormarree m improve prrfomunce of nun -Tiburon SQL. dom mens or overall system duoughput Nec'urd-level data restores from user error, such as mommily deleted record, if Tiburon database homes are used August 4. 2" pageg F or r*e� e RESOLUTION NO. 3W8 -3a4 p0v' A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, AUTHOMNG TBE PURCHASE OF A FIRE RECORDS MANAGEMENT SOFTWARE SYSTEM FROM TIBURON, NC. WITHOUT ADVERTISED COMPET nVE BIDDING. WHEREAS, the City of Fresco Fre Depemnent ("Depattmect'), most utilize a records management system m report fire incident data to both the Federal end Stet, govemments no their respective Tc*cd forums to help with fire prevention planum& funding end resource allocation; end WHEREAS, the Cmrem records management system utili W by the Depermrent is not sufficient to meet current and future deparhnental done collection and reporting needs; and WHEREAS, the Department requires implementation of a fully developed records ms uagemeut software system that can bandle the volume of activity end complexity of data for a major meoopoliran fire depmmnent end has been in fell production cold in use by a comparable deportment for a minimum of two years; and WHEREAS, the Depermrent requires bat the system must be capable of maintaining and properly reporting the Deparhnent's training records to the Califomia Joint Apprenticeship Committee which is a pre -requisite for receipt by City of carate mvcmuse; and WHEREAS, the Department further requires that the syman include an interface with the Computer -Aided Dispatch (CAD) system; pasmmel mamag®ent information incluthng hiring, promotion, entering and catificetlons history; fire inspac ion sent investigation data; asset and equipment maintenance meragernent and history; fine hydrant mmagemmt; fire permits and preplan dale; sent fire station log and day book derail fortime and activity Ducking; end WHEREAS, for operational effirimcy, the Depa mumt requires dust all such orturmation and dem be membered in a single dambase which is easily accessible for dale entry, ed -hoc reporting and analysis purposes: end WHEREAS, for continuity of repurtin& the Department requi es dont the system be compatible with the Depermrmt's older records management system, currently main cien g historical dots, for the extraction of the historical dem onto such single database with the other information; end WHEREAS, after investigmion by the Departrnent end review by the Purchasing Manager, it has bum dmenmined that only the " frbuun FircRECORDS" fire records Wl'J lahl,108 -I- Al� �7114/dR £jai,. 191 34/nA oc mamgernent software system and subsystems including the NMS Reporting 5.0, Peromel, Day Book Report Manager, CAD bnarface, Training, Prevention, Hydrant and Asset Management modules; user set-up, reporting and field user [mining; 70 workstation licenses; project mmagement and support services (hereinafter collectively referred in as 'Tiburon FireRECORDS and Subsystems") meets all such tetuirements and is available only from Tiburon, Inc., a Virginia carporetion; and WHEREAS, the Putchaning Manager represents that the coat of the Tiburon FheRECORDS and Subsystems, including sales at atM freight will not exceed $161,455.00; and WHEREAS, City of Fresno Charter Section 1206 requites advertised competitive bidding for materials, supplies and equipment involving the expenditure of City moves in excess. Of $119,000, unless Council detmntiner than the work to be done or the goods to be supplied can only be provided by one source, and the purcliase is authorized by resolution of the Council containing a declaration of the facts constituting the sole source. NOW, THEREFORE, BE ff RESOLVED by the Council of the City of Fresno m follows: a The Comcil her received and considered the report and recammendetiom of City alai[. b. The purouse of the Tiburon FireRECORDS sed Subsyst en is necessary, because it is the only fully developed software systan in production for at least two years With the capability of extracting the Department's bismrlcal data for mvntenance m the system's database, sod that blondes station log or day book for tune and activity tracking, and reporting capability to the California taint Apprenticeship Committce of the Desiomen's training rarords. C. The Tiburon FireRECORDS and Subsystems is only available Gam a single source, Tibuton, too. d. Advertised competitive bidding for Move FGeRECORDS and Subsystem is suspended Order the sole source exception, -2- e. no Fire Chief of the Department is authorized to elver into a contract for the Pusahaee of Tiburon FireRECORDS and Subsystems, from Tiburon, Inc., at a total cost, including sales has and freight, not to exceed $181,455.00, which is the amount of the funds appropriated for this purchase. CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO CITY OF FRESNO ) I, REBECCA E. KLISCH, City CJmk of the City of Fresno, certify that Ne foregoing resolution was adopted by the COMMI of the City Of Treanor, at a rcguhw mceting held on the 16th dayrf oecvmer 2008. AYES Calhoun, feprioglio, rages, Wean, Peres, Sterling, xiorg NOES Bone ABSENT Bone ABSTAIN Bone Mayor Approval: mr,a,n„e ua ,2WS Mayor ApprovaWo Rerun: Mayor Veto: Council Override Vote: APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney BY: 6a sEC enc . AID Dem Son eputy 0 r .l OV4\ FRESNO CITY FIRE DEPARTMENT i COMPARISON CHART FIRE RECORDS MANAGEMENT SYSTEM Te o eery in olopss, Tourpn Adminlabetive Desktp functoneYas Yes NFIRS 50 Fre Incltlent Re onl Yes Yes F NFIRS 5.0 Dami ort to the Stele Fire Marshal's OlNe Yes Yes Fire Investigations Yes Yes Flre lnspedlens Yes Yes Building Systems Ins tons Yea Yes Training Yes Yes Personnel Yea Yes swavily Yes Yes Permits Yes Yes Fire Pre lana Yes Yes H rents Yes Yes Equipment Yes Yes Station LN l Day Book No (Development PWnnetl a 2008 Yes osure LN Yea Yes Crystal Viewer for C tel Reseda Yea Yes cryaw, Viow Aominotrem I Yea Yes Master Locations Yea Yea Mester Names Yes yes CAD Access Yes Yes an&Scheduli Yes Yea Audit Log Yea Yes Visual Fire Mai Yea Yes. Mobile CAD Aueea Yes Vee Ability to Dpgraclal ompatibls wiM existing Tlbumn rYONs mana0amenlsystem No (development of inmfeass and comgirroon of cafe eRa Yes CMMomlz Joint Appisn&e Committee Repottln8 (m reoxi of firefi Mer training far faimisme nent) No (CJAC Reporting In davolo ment) Yea December 17, 2008 Councll Adoption: 12/16/06 ApisTO: MAYOR ALAN AUTRV CEIVED Mayor : Mayor VetoL E� PreMtlst: e Repa FROM: REBECCA E. KLISCh 23 PM 11, 29 City Clerk CITY CLERK. F9E8N0 CP + SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO eee� At the Council meeting of 12118/08, Council adopted the attached Resolution No. 2008-344 entitled Authorizing purchase of Tiburon Fireraeords SollwarefiSubsystems to upgrade system w/out advertised competitive bidding, 8181,0.58, Item No. 1K, by the following vote: Ayes Calhoun, Capriogko, Dages, Duncan, Peres, Sterling, Xiong Noes None Absent None Abstain None Please indicate either your formal approval or veto by completing the fallowing sections and executing and dating your action. Please file the completed memo with the Clerks office on or before December 29, 2008. In computing the ten day pence required by Charter, the first day has been excluded and the tenth day has been included unless the 1 Ue day is a Saturday, Sunday, or holiday, in which case 0 has also been excluded. Failure to file this memo with the Clerk's office within the required time Iimd shall constitute approval of the ordinance, resolution or action. and it shall take effect without the Mayors signed approval. Thank you. APPROVED: VE D for the following reasons: (VVn n obledions are required by Charter; attach additional sheets 8 necessary.) !Date: 1112-31mAlan Autry, Me COUNCIL OVERRIDE ACTION: Date: Ayes Noes Absent Abstain