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HomeMy WebLinkAbout2004-2321 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-232 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASE OF A LASERFICHE DOCUMENT IMAGING SYSTEM FOR THE CITY CLERK'S OFFICE. BE IT RESOLVED: SECTION 1: The Mayor and Common Council of the City of San Bernardino Hereby authorize the Mayor of San Bernardino or her designee to execute a "LaserFiche Software and Hardware Agreement" between the City and Imagine Systems, Inc., for a LaserFiche document imaging system for the City Clerk's Office. SECTION 2: The Mayor and Common Council authorize the Purchasing Manager to issue a purchase order for $124,159.13 to Imagine Systems, Inc. of San Bernardino, California for the purchase and implementation of a LaserFiche document imaging system for the City Clerk's Office, The Purchase Order shall reference the number of this resolution and shall incorporate the terms and conditions of the proposal, which is on file in the City Clerk's Office. The Purchase Order shall read, "LaserFiche Document Imaging System for the City Clerk's Office. Not to exceed $124,159.13." SECTION 3: The authorization to execute the above referenced agreement order is rescinded if it is not issued within ninety (90) days of the passage of this resolution. 2004-232 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASE OF A LASERFICHE DOCUMENT IMAGING SYSTEM FOR THE CITY CLERK'S OFFICE. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j t. reg. meeting thereof, held on the 19 th day of July. 2004, by the following vote, to wit: Council Members Ayes Nays ESTRADA x _ LONGVILLE x McGINNIS x _ DERRY x KELLEY x JOHNSON x MCCAMMACK x _ Abstain Absent . CQ Rac el G. Clark, City Clerk The foregoing resolution is hereby approved this day of July , 2004 Esther Estrada, Mayor Pro Tern City of San Bemardino Approved as to form and legal content: James,. Penman, City Attorney fflWVF/7111W1WM x 2004-232 PROPOSALFOR A ocument Ima is System June 28, 2004 Prepared E for the City of S�nardino 330 San Be contains proprietary and confidential i �rnublic or people unconnected with the ardino, except as required by lav , Inc. Ste. 125 OF F' ""This Endre Proposal Shall Also Serve as Exhibit '1" To The Attached LaserFiche Software and Hardware Agreement should not be disclosed .uation of proposals for 2004-232 @ne■ ,gin Inc. 330 North D Street Suite 125 San Bernardino CA 92401 Tel: (909) 889-5060 Fax: (909) 889-0605 June 28, 2004 City of San Bernardino Attn: Shabib IS Department 300 North D Street, 4`h Floor San Bernardino, CA 92418-0001 Dear Shabib: The attached information is submitted in response to your request for pricing for a Document Imaging System for the City of San Bernardino (the City). Imagine Systems, Inc., is an authorized reseller of LaserFiche software, manufactured by Compulink Management Systems, Inc. (CompuLink). We are confident that after your review, you will find LaserFiche and our other recommendations well suited to meet all your stated needs for a the City's imaging system. As per the Information Request, we have organized this response into following sections 1. Executive Summary 2. Suggested Solution 3. Suggested Pricing 4. Support & Training Imagine Systems is a computer systems integrator, as well as a respected consultant; we feel well qualified approaching this task. In addition, Imagine Systems has over a fifteen -year track record of successful software and hardware installations. We would be pleased to discuss any aspects of this proposal with you. Choosing LaserFiche for the City of San Bernardino will meet your objectives of incorporating a document imaging system with your working environment. We, at Imagine Systems, look forward to working with you on this http://www.imaginesystems.net 2004-232 Imaging System Proposal Contents Contents.................................................................................................................................... 1 Executive Summary Proposed Solution CostSummary ........................................................................................................................ 15 ProductDevelopment.............................................................................................................18 ProfessionalServices............................................................................................................. 22 Appendix................................................................................................................................. 32 6/28/2004 2004-232 Imaging System Proposal Executive Summary The City of San Bernardino is seeking a Document Imaging System. The desired system will use state-of-the-art document imaging technology to provide easy storage and retrieval of various kinds of City reports and records. The City plans to take advantage of technological improvements and falling computer hardware prices to store these documents electronically in a cost effective and efficient system. The proposed system will provide fast on-line access and retrieval for imaged documents and reports to City staff via the City's existing LAN. Users of the system will be able to perform searches, retrievals, viewing, printing, etc. from either their PCs, accessing information quickly. In addition, future information requests from other departments and the public can be fulfilled expeditiously, thus improving customer service and workflow. The City desires a complete solution that will be accessed by multiple users, with the capability to expand later. City staff will begin scanning paper -based documents and will make the necessary arrangements to provide backfile conversion of paper documents. The City reserves the right to use existing hardware or purchase hardware and scanning bureau services independently of this proposal. We, at Imagine Systems, are aware of the City's requirements and expectations, and are offering the following proposal. We are capable of providing a complete solution that is fully compatible with the City's existing network environment in both hardware and software. The combination of the software and hardware configuration that we are proposing should more than adequately meet all of the City's imaging needs. The LaserFiche imaging software is completely scaleable and additional users can be added by simply purchasing additional licenses and workstations, if necessary. We have chosen to remain conservative with our estimates of storage needs and expenditures to facilitate taking advantage of rapidly falling hardware prices and increases in technology. 6/28/2004 2 2004-232 Imaging System Proposal Proposed Solution LaserFiche - The Imaging/Document Management System The following section presents a brief overview of LaserFiche, the award -winning document imaging package that forms the basis of the electronic document management system. We take great pride in our many awards and our national media acclaim. LaserFiche was selected Product of the Year by LAN Magazine as the best Document Imaging Package. It has also won many other prestigious awards and favorable press reviews. LaserFiche Document Imaging & Management Platform The LaserFiche document imaging and management platform delivers high -volume information capture, retrieval and distribution across the enterprise. LaserFiche reduces or eliminates misfiling, time lost spent searching for documents and costly paper reproduction and distribution methods that impede information access within and among departments. LaserFiche is a flexible document management platform that adapts to meet diverse multi - departmental needs and allows users to maintain established, preferred procedures. • Intelligent search provides instant document retrieval • Reduce labor and clerical mistakes with automated OCR and indexing • Comprehensive security protects digital archives from unauthorized access • Manage entire document repositories from workstations • Scan paper and import electronic files into secure digital archives of unalterable documents • Emulate paper filing structures with customizable folders and index fields • Index electronic and image -only documents with user -defined indexes • Digital archiving provides long-term document preservation • Synchronize service bureau output and manage retention schedules with portable volumes 6/2snooa 3 2004-232 Imaging System Proposal Technical Administration LaserFiche offers state-of-the-art n-tier architecture plus support for multiple servers and databases, allowing administrators to configure separate databases for individual departments while maintaining a controlled, centralized information repository. Databases can reside in separate physical locations and can be protected with individualized security measures. Open architecture promotes integration with existing and future technologies. Intuitive User Interface Description. LaserFiche's user interface was designed to blend two important themes: simplicity and familiarity. The system was designed to keep things as simple as possible. All the user has to know to run the system is the Browser window, the Document Window, and the dialog boxes. There are no confusing, multiple modes to recognize and master. Moreover, all the commonly used functions are executed with the click of the mouse on toolbar icons. Less commonly used functions are activated via standard Windows pull -down menus. The user interface was also designed to capitalize on the user's existing knowledge as much as possible. The Browser window has the look and feel of Windows File Manager. All dialog boxes have been designed with strict adherence to Microsoft standards, rendering their use familiar to anyone who has used other Windows applications. Document index cards look like paper file cards, and folder systems can emulate any existing paper or microfilm filing structure. Benefits. The main one is a short learning curve. With the help of a good teacher, experienced Windows users can learn to use LaserFiche in 20 minutes. Even people unfamiliar with Windows applications can learn it within two days. High Capacity Description. Up to 100 million objects (image or text pages) can be stored on a single LaserFiche database, i.e., you can store 100 million pages of text, 100 million images or 50 million pages of images with corresponding pages of OCR -generated text. Even this limit is imposed not by LaserFiche itself, but by the Btrieve database. As the Btrieve limit expands, or as LaserFiche becomes compatible with other databases, this limit will increase up to two billion pages. Moreover, all these limitations are for a single database only. With two servers, you can effectively double this capacity, or with three, triple it. Furthermore, the database can span multiple physical drives or volumes, so disk space should not be a long- term problem. A single document can contain up to 32,000 pages. Benefits. The high capacity limit of the system insures future growth potential. By the time the current maximum limit of 50 million pages is exceeded, the available software will have the ability to exceed that limit by another 50 million pages. In the interim, adding an additional server can attain additional document capacity. Data Security Description. LaserFiche has a complete data security system. LaserFiche's security has two kinds of rights: feature rights and object rights. Feature rights control your access to the system as a whole. Object rights govern your access to an "object," i.e., a folder or document. If the object is a folder, rights to any folder or document within that folder are 6/28/2004 4 2004-232 Imaging System Proposal passed on or "inherited" from the original "parent" folder. The system has supervisors, users, and user groups. Supervisors all have unrestricted rights. Users belonging to a group inherit all the rights and restrictions of the group. If exceptions are needed, however, system administrator can reassign rights and restrictions given by inheritance. Benefits. The system administrator can specify exactly what each user can do with each document. However, by using the inheritance of rights, he can greatly simplify the process of assigning rights and restrictions. Both Batch and Individual Document Scanning Supported Description. With LaserFiche you can either scan documents individually, cataloging them at scan time, or in batches, cataloging them later. Benefits. When a large number of documents must be input over a short period, it is often more efficient to have one -person scan and another catalog the documents. The scanner operator in this case can be an entry-level or temporary employee, or else an outside service bureau, who need not know anything about the content or purpose of the documents. All he or she needs to know is how to get straight clear images on the scanner. Pages are rapidly scanned in sequence, and another individual, who knows more about the documents' meaning and content, assigns pages to documents, names them, and codes them at a later time. On the other hand, if only a single or few documents need to be input, it is easier to catalog documents at scan time. With LaserFiche, you can choose either method, giving you the best of both worlds. Import and Export Image and Text Files as well as LaserFiche Documents Description. LaserFiche can import or export text files or raster image files in a variety of popular formats, including PCX, BMP, JPEG, and TIFF Group IV, III, LZW, and uncompressed formats. LaserFiche also provides for transferring documents from one LaserFiche system to another by means of "briefcase" files. Briefcase files contain the images, text, index fields, and folder structure of a folder of LaserFiche documents, which can be read into another LaserFiche system. Benefits. Importing fax files, graphics, or images created in another document imaging system require no re -scanning. Text files, including those created by word processors and COLD applications, can easily be imported into LaserFiche. Likewise, it is easy to transfer documents from one LaserFiche system to another. "Auto -filing" Indexes Documents by Every Word in their Content Description. If scanned images contain clearly laser printed or typewritten text, they can be indexed by every word in their content. LaserFiche's ExperVision optical character recognition (OCR) module will create searchable ASCII text from the scanned images. Then each word in this text is placed in a master word list with full -text indexing or "auto -filing." Benefits. It is not necessary to manually code documents that have clearly printed text, saving hours of data entry time. 6/28/2004 5 2004-232 Imaging System Proposal Indexing by Traditional Index Fields Description. In addition to full text indexing, LaserFiche allows up to 250 sets of index fields (called Document Templates), each of which can have up to 30 index fields. It supports the ASCII (up to 254 characters), true date, integer, and short integer data types. Benefits. You can retrieve a variety of documents that cannot be OCRed, or you can restrict the scope of a text search to a limited set of documents. Hierarchical Folder Browser Description. LaserFiche has a hierarchical document folder browser that emulates Windows File Manager's look -and -feel, and supports folders nested up to 650 levels deep, with up to 32,000 folders and/or documents in a folder. Folder and document names can have up to 31 characters, including letters, digits, spaces and punctuation marks. Benefits. You can emulate the structure any existing paper or microfilm filing system, thereby shortening the learning curve. Document Retrieval Description. LaserFiche has best text search and text/image integrated search capability available on the market today at any price, capable of searching through millions of documents in only seconds. It supports both full -text and traditional field searches, which can be used either in combination or separately. You can also use any of the UNIX "wildcard" characters wildcards *, ?, and [ ]. The Boolean operators AND, OR, and NOT are all supported, as is a text proximity search. Search results can be either printed or saved in a folder. Finally, the folder browser can also be used to retrieve documents as well. Benefits. "Retrieve any document, by any word, any time." One way or another, you can retrieve virtually any document you want in a multi -million -page document database in a few seconds. With LaserFiche, no document is ever lost or misfiled. LaserFiche Agenda Management/Workflow Suite - The Complete Solution for Enterprise Planning (Potential Future Acquisition) The following section presents a brief overview of LaserFiche Agenda Management/Workflow Suite, a great addition to the LaserFiche award -winning family of document imaging solutions and a potential future component of the suggested imaging/document management system. ODBC Simplicity for Database Management Description. The LaserFiche Workflow Suite provides an efficient link between the LaserFiche core database and the structured requirements of any dynamic workflow model. LaserFiche provides a group of user-friendly tools and utilities designed to access document data information and manipulate it independently of other external LaserFiche functions. LaserFiche uses the power and simplicity of ODBC to link the LaserFiche database with both third party external database utilities and customized applications to create a fully functional 6/28/2004 6 2004-232 Imaging System Proposal workflow environment. Using database connectivity allows LaserFiche to create process definitions for document routing and organizational control. Benefits. You can modify existing database utilities, or create custom routines to reform data mining, reporting or and other functions within the LaserFiche database. The only programming language necessary to administer the system would be the SQL and ODBC. Additional security can also be derived through existing database protocols. Enterprise Solution Analysis Description. Compulink Professional Services will work directly with City staff and MIS personnel to outline and create a workable model of the current working environment. The model would include areas for process definition, parallel routing, sequential routing and process monitoring. The result of the analysis is the formation of a comprehensive workflow process that includes e-mail, Ad hoc workflow and Procedural routing. Compulink then utilizes the features of the core LaserFiche imaging software, along with the tools from the LaserFiche Integrator's Tool Kit, ODBC connectivity, and customized routines, to create a completely integrated workflow solution. Benefits. Using the resources of the Professional Services group, the City can quickly design different and implement both workflow and reporting functionality within their selected imaging and document management system. There is very little downtime between the selection of an imaging solution and the creation of a comprehensive workflow solution. Ad Hoc Workflow Functionality Description. Every office environment consists of the ideal and the practical, when it comes to office automation and work distribution. Compulink realized that the success of any workflow scheme is not its ability to follow the strict routing and reporting features of a fully automated system, but to handle the exceptions to the rules that make up everyday life. LaserFiche provides complete access to on -the -fly routing of document and information through the use of its highly designed folder structure and system security. The LaserFiche imaging software offers both simple and practical features to facilitate the movement of document throughout your organization. Using security access as the key to the system's implementation allows the System Administrator to easily modify access rights and folder access as necessary to accommodate what actually happens in a dynamic working environment. Benefits. The flexibility of Ad hoc workflow allows the system to adjust to the absence of employees. Workflow backlog and process queues can be re routed with drag and drop simplicity. In addition, the creation of an Ad hoc system requires minimal training and administration can be accomplished very quickly with a simple GUI interface and easily understood folder structure. Procedural Workflow Automation Description. The increased document volumes that exist in today's working environment require increasing amount of time, storage, and manpower. The ability to have as many human actions automated is increasing important to the success implementation of any technological system. The Procedural automation component of the LaserFiche Workflow 6/28/2004 7 2004-232 Imaging System Proposal Suite uses user created process definitions along with easily understood routing principles to create the final component to a well structured workflow scheme. The Visual Basic and ODBC database routines created to meet serial, parallel, and sequential document routing needs are administered through a set of tools and guidelines developed jointly between Compulink Professional Services and the City. System users can create and monitor workflow participation, document backlogs, and various workflow processes. Once established, the LaserFiche imaging system will have the ability to scan, index, view, migrate, queue and print documents for imaging system users. Benefits. The establishment of pre -defined Procedural workflow will give the imaging/document management system the ability to automatically create serial or parallel routing paths for City documents. In addition, the System Administrator will have the ability to generate reports of document volumes and locations, user activity and usage, and overall system function and effectiveness. LaserFiche Snapshot Utility. Enables users to "print" files generated any Windows application (like MS Excel, MS Word, AutoCAD etc.) directly to LaserFiche for the purpose of archiving, storage and retrieval. The "imaging" process retains all formatting and generates an associated ASCII text file captured from the native application. This file can be used for full -text indexing of the document. Originally introduced in 1995, the Snapshot utility was created to accommodate customers who wanted to archive computer -generated documents as well as paper. LaserFiche MAPI E-mail Plug-in. Compulink uses the Windows environment to communicate with e-mail programs. The LaserFiche MAPI E-mail plug-in enables users to send any LaserFiche documents through any MAPI compliant e-mail system, like GroupWise, Lotus Notes, and Microsoft Exchange. LaserFiche send either a 16 or 32-bit call to the existing e-mail application through the Windows interface. Users can attach LaserFiche documents to emails that can be read by any TIFF viewer by the recipient. In, addition, users of 32-bit MAPI programs have the option of sending either single or multi -page TIFF images as attachments. LaserFiche Zone OCR Plug -In The Zone OCR Plug -In allows you to dramatically increase your forms processing speed. Now organizations working with large quantities of forms have the power to extract text, create indexes, and populate template fields automatically. The Zone OCR Plug-in is a must for any organization that wants to reduce manual data entry time and automate forms processing. The Zone OCR plug-in extracts text from specific zones for automatic indexing of forms. This plug-in application minimizes repetitive key field entry and reads an unlimited number of zones per form. Users can assign minimum OCR accuracy levels and LaserFiche Zone OCR will display a "good" or "bad" result in a special Check field, signifying the accuracy of each OCRed form. 6/28/2004 8 2004-232 Imaging System Proposal The LaserFiche Zone OCR Plug-in streamlines the process of bringing forms into LaserFiche by allowing you to automate sorting and indexing based on form information. By assigning regions on scanned pages to items in your template fields, the Zone OCR Plug-in gives LaserFiche the power to automatically populate those index fields. On an invoice form, for example, the Zone OCR plug-in could allow you to automatically extract a customer name, invoice number, shipping date, or any other information that can be found in a standard location on the form, and assign each as an index for that page. Forms are then instantly ready for lookup and retrieval, all in one easy scan -OCR -index step. LaserFiche ScanConnect LaserFiche ScanConnect supports ISIS scanners. ScanConnect increases the variety of scanners supported by LaserFiche and helps ensure that you have a supported scanner with which to scan documents into a LaserFiche repository. • Cost-effective for low -end scanners • Provides capability of scanning documents into LaserFiche Quick Fields • Allows loading of only the drivers specific to your scanner for efficient deployment of scanning equipment • Recognizes existing scanners and loads appropriate drivers LaserFiche Audit Trail Module. The need for system security also creates the need for comprehensive reporting. The LaserFiche Audit Trail monitors system access of all users and all documents. The server then produces various reports to track user activity. This information includes user login activity, document movement and access, time and date of all actions within the system, and any other access through the LaserFiche server of actions taken by a system user. The reports generated can also determine current document location and status, which user examined which documents, and any scanning, editing, or deletion of document within the system. Technical Summary and Commentary This section is a technical summary of the LaserFiche imaging system. It describes some of the basic ideas behind LaserFiche and addresses the technical issues we believe should be emphasized in confirming LaserFiche's suitability for your system. LaserFiche currently uses distributed processing to take advantage of several processors at once. Scanning, compression, decompression, image -enhancement, and OCR can be split across several workstations, with the server simultaneously performing indexing, file management, searching, security enforcement, and file migration tasks. 6/28/2004 9 2004-232 Imaging System Proposal Database is Portable Due to the intelligent and flexible design of LaserFiche, the entire imaging database, or portions thereof, can be copied or moved to other LaserFiche servers easily. For example, you could perform back -file conversion on one server system and transfer index updates and image volumes (WORM, rewritable optical, and/or CD-ROM) to the main system on a daily basis if you wish. LaserFiche Works With Existing Hardware and Software. Because LaserFiche uses industry standard PC's, servers and operating system software, it can be integrated with existing equipment. Workstations using LaserFiche may be used to run any standard Windows software such as Microsoft Office, Corel WordPerfect Suite, Lotus Notes, etc., in addition to the LaserFiche software. If necessary, LaserFiche servers can run the same backup software, utilities, mail software, and network management software that is already used. Likewise, LaserFiche software can be installed on any existing PC's in the future, if they meet the minimum workstation requirements and are attached to the LAN and/or WAN. Hardware Configuration Is Flexible LaserFiche operates on standard Windows -compatible PC hardware. Proprietary hardware is not required. Integration with Existing LAN/WAN Is Simple For the reasons listed above, integrating the LaserFiche system into existing LANs will be relatively simple. No Real Limits on Future Growth A LaserFiche system based on LaserFiche client/server architecture can be readily expanded from a single -server configuration to a multiple -server configuration. Numerous Storage Options LaserFiche is compatible with numerous storage options, including magnetic, drive array, RAID, duplexed magnetic drives, rewritable optical, WORM, CD-ROM, MO jukebox, and CD-ROM jukeboxes. Why LaserFiche is the Ideal System for the City In addition to meeting all the City's specific requirements, a LaserFiche-based imaging system has the overall system design that is ideal for the Authority's particular application: The System Is Designed to Meet the City's Growth and Expansion Needs The LaserFiche-based imaging system is designed to expand all the way from a stand-alone system to an enterprise -wide internetwork with plug -and -play simplicity: 6/28/2004 10 2004-232 Imaging System Proposal • The system uses client -server architecture, which both protects the document database from workstation crashes and (more importantly) reduces network traffic to the point where it can function effectively on WANs or LANs using TI cabling. • The system is expanded by the simple addition of Windows workstations and NT servers, eliminating the need for any significant reconfiguration as the system is expanded. The system is expanded by the simple addition of more PCs to the network. The System Has a Search Engine Designed for a Wide Variety of Documents The primary indexing and search engine on LaserFiche is based on full text. Documents are retrieved not only by index fields, but also by any word or phrase in their content. The full - text search function is also enhanced in several important ways: • Boolean (logical) operators AND, OR, and NOT • Wildcards *., ?, and [ ] • Proximity search • "Fuzzy" search that finds search strings with or without OCR errors • Traditional index field searches • The ability to set print search results or set them aside in folders The System Has a High Performance Indexing Engine The full text -indexing engine is a powerful, efficient service that performs all indexing operations locally on the server; the index is never downloaded to workstations over the network lines. The engine runs as a service of the processor, where it cannot be preempted, and where it takes full advantage of the Pentium instruction sets. Moreover, the growth of the index file size tends to taper off over time, as fewer unique words are added. The System Provides High Levels of Data Security and Integrity The security system provides for a system "feature rights" that govern users' global access to system functions, as well as "object rights" to specific documents or folders. The system administrator can specify exactly what each user can do with any document on the system. However, by allowing for the inheritance of rights via user groups and parent folders, the system administrator can greatly simplify the assignment of rights. No workstation has direct access to the document database files themselves. Data is retrieved by the forwarding of information requests to the server engine, which in turn opens the database files and returns the requested information back to the client. Data integrity is thus never compromised by workstation interrupts. 6/28/2004 11 2004-232 Imaging System Proposal LaserFiche's Open Architecture Supports Easy Customization and Integration Not only does LaserFiche have open architecture, but it also adheres strictly to Windows and NetWare standards. No OS functions are disabled, and all files — images, text, and database — are stored in industry standard formats. Should the Authority need any customization and/or systems integration, the system is designed so that it can be completed with minimum time and expense. World-wide Install Base LaserFiche systems are installed on several continents, with dealers across the United States, and in Canada, South America, Europe, Asia, and Australia The System is Designed for a Short Learning Curve and Easy Acceptability The user interface was designed to blend the principles of simplicity with familiarity to shorten the learning curve as much as possible. Here are some important features: • Most commonly used functions are initiated by clicking an on -screen icon, eliminating complex command lines, keystrokes, or even series of menus. • The folder "Browser" window has the look and feel of Windows File Manager. • Dialog boxes have buttons and windows that are clearly labeled in plain English, with context sensitive Help screens if anything seems ambiguous. • Folder and document organization can emulate existing paper or microfilm filing Systems. Users can follow their own procedures and work rhythms; the system itself imposes no new procedures or deadlines on the users. Users need learn only the software itself, not an entirely new method of organizing information, minimizing employee resistance to new technology. Other Benefits The LaserFiche NT/Windows Document Imaging System offers numerous tangible and intangible benefits to our customers, described elsewhere in this proposal and summarized below: Economical File Storage • Centralized storage of reports and documents in both image and text formats. • Reduced storage space requirements and cost through document archival to magnetic or optical disk and off -site storage of paper document files. 6/28/2004 12 2004-232 Imaging System Proposal Multiple Storage Options LaserFiche uses most mass storage options, including magnetic, drive array, RAID, duplexed magnetic drives, rewritable optical, WORM, CD-ROM, MO jukebox, and CD-ROM jukeboxes. Some installations can even use tape. Quick Document Access Efficient full text searching of free -form information, combined with the availability of existing indexing data and other powerful search features such as Boolean operators, wildeards, and a "fuzzy" search feature to trap OCR errors. Instant availability of information on -screen or via printer eliminates photocopying, filing and physical distribution of paper, and prevents lost, misplaced or misfiled documents. Time Savings/Increased Productivity With LaserFiche, your personnel spend less time searching for and routing documents and more time using the information on them. Reduced Bottlenecks LaserFiche eliminates the problems of misfiling and project delays due to missing or inadequate information. Since documents can exist in several places at once on an imaging system, the bottlenecks involved in routing and sharing documents are virtually eliminated. LaserFiche also lends itself to easy custom development of standard workflow procedures. Preservation of Intellectual Assets When organizations lose employees due to re -organization, downsizing, or employee turnover, valuable knowledge is often lost. All too frequently, the employees who know the information on the documents are also the only ones who know where the documents are. By retrieving documents about which you know little or even nothing, LaserFiche helps preserve valuable intellectual assets that get lost when employees leave or are temporarily absent. Reduced Network Traffic and Improved Data Integrity Using client -server architecture, LaserFiche manages the database completely on the server, while the client handles the user interface. Network data traffic is dramatically reduced, and the database is protected from corruption due to workstation crashes. Flexibility and Scalability — No Limits on Future Growth LaserFiche's use of industry standard hardware and operating systems, regardless of the number of users, provides for system expansion on a modular, as -needed basis — all the way from a single -user stand-alone system to an enterprise -wide intemetwork or WAN. As the capacity of a single server is reached, Compulink can provide the ability to attach and search across multiple LaserFiche servers simultaneously. 6/28/2004 13 Imaging System 2004-232 Proposal Short Learning Curve LaserFiche's intuitive user interface, along with its ability to follow the structure of any existing paper or microfilm -based filing system, minimizes the amount of new information that must be learned in order to utilize the system. Compatibility with Existing Hardware and Software Because LaserFiche uses industry standard PC's, servers, and operating system software, it can be integrated with existing equipment. Workstations using LaserFiche may be used to run any standard Windows software such as Microsoft Word, WordPerfect for Windows, etc., in addition to the LaserFiche software. If necessary, the LaserFiche servers can run the same backup software, utilities, mail software, and network management software that is already in use. Likewise, existing PC's anywhere in the department may be used to attach to the LaserFiche system in the future, if they meet the minimum workstation requirements and are attached to the LAN and/or WAN. Hardware Configuration Is Flexible LaserFiche operates on standard Windows -compatible PC hardware. Proprietary hardware is not required. It may be advisable to obtain required hardware from its existing vendors. Simple Integration with Existing LAN/WAN For the reasons listed above, integrating the LaserFiche system into existing LANs is relatively simple. Compulink can design and implement integration configurations as necessary. LaserFiche is the Most Cost-effective Solution We believe that the above represents a unique combination of capabilities and performance. We are convinced that the LaserFiche System will result in significant tangible benefits, to those who both maintain and utilize the information stored on the system. 6/28/2004 14 2004-232 Imaging System Proposal Cost Summary Imaging Software Costs Imaging Software: LaserFiche Standard Server: LaserFiche Support for Standard Server: LaserFiche Full User License: LaserFiche Support for Full User: LaserFiche Retrieval User License: LaserFiche Support for Retrieval User: LaserFiche Snapshot: LaserFiche Support for Snapshot User: LaserFiche MAPI: LaserFiche Support for MAPL• LaserFiche Zone OCR Plug -In: LaserFiche Support for Zone OCR: Standard LSAP 3 @ $550 3 @ $ 110 annually 5 @ $220 5 @ $44 annually 3 @ $100 3 @ $20 annually 8 @ $80 8 @ $16 annually LaserFiche Plus Plug -In: LaserFiche Support for Plus Plug -In: LaserFiche ScanConnect(needed per scanner)3 @ $165 LaserFiche Audit Trail Module — Advanced: Audit Trail Module — Advanced LSAP: LaserFiche WebLink: WebLink LSAP: $ 6,600.00 $ 1,320.00 $ 1,650.00 $ 330.00 $ 1,100.00 $ 220.00 $ 300.00 $ 60.00 $ 640.00 $ 128.00 $ 2,495.00 $ 500.00 $ 3,795.00 $ 1,590.00 $ 495.00 $ 7,995.00 $ 2,390.00 $ 7,995.00 $ 1,590.00 6/28/2004 15 Imaging System 2004-232 Proposal LaserFiche Software Implementation $ 0.00 * All LSAP Charges set forth above will only be billed during the current fiscal year from the time all LaserFiche software is implemented and accepted by the City. Depending on the exact implementation date, the above -referenced LSAP costs may be less. Non -Imaging Software: Veritas Backup Exec V9.1 NT/W2K SVR ED $ 600.00 Veritas Back -Up Exec SQL Agent License $ 625.00 Microsoft SQL Svr — 1 Processor Lic & Media $ 5,034.00 Non -Imaging Software Implementation $ 750.00 * Additional Microsoft Server 2003 licenses may also be needed. Software Total with Implementation: $489202.00 Hardware Costs Server: Compaq ProLiant ML350 G3 Xeon 2.8MHz $32,549.99 1GB RAM/RackMount w/o Rack; 1 StorageWorks Enclosure with 8 total 72.8GB hard drives; StorageWorks SDLT 160/320 Tape Drive & 45 Tapes; Windows 2003 Server Operating System — OEM Version (5 User); and 3 Year 240, 4-Hr Response Time On -Site Service (Please see attached detailed specifications) Invensys Powerware 9125 5000g UPS; Distribution Strip & Rack Rail Kit $ 2,814.97 (Cost Estimate on Powerw are items is based on City provided specifications. Any change to specifications may change the total price charged, but any change in costs is anticipated to be minimal.) Imaging Server Hardware Implementation Costs $ 6,400.00 6/28/2004 16 2004-232 Imaging System Proposal Scanners and Scanning Workstation: The hardware referenced below would be in addition to one (1) existing scanning station already in place in the City Clerk's office: HP/Compaq d530 Workstation, P4/3GHz, 80GB 2x$2,249.97 $ 4,499.94 HD, 512MB RAM, CDRW/DVDRW Drives, NEC 19" LCD Monitor, Windows XP Pro Fujitsu Scanner, fi-5750C Color 220dpi, SCSI 2x$7,799.96 $15,599.92 Controller, Cable, Fujitsu Consumables Kit Labor to Configure Workstation and Scanner for LaserFiche: $ 2,000.00 *Cost shown is for configuring two (2) new scanning stations, and one existing scanning station. Hardware Total: $631864.82 Other Services and Costs Training Imagine LaserFiche Training Basic LaserFiche Training (see attached Training Schedule for details) $ 1,000.00 (Additional Training as needed billed at $100.00 per hour) Audit Trail Training (6 hours) $ 1,500.00 Other Costs Total $ 2,500.00 Escrow Fees Initial Set Up Fee Per License $ 1,500.00 Total System & Implementation Cost: $1161066.82 Tax: $ 8,092.31 Max. Total with Tax: $ 1249159.13 Other Fees and Costs Anticipated Annually The above -referenced LSAPs must be renewed annually. The anticipated cost increase on an annual basis will be no greater than 10%. Due June 30th of each year 6/28i2004 17 2004-232 Imaging System Proposal Product Development Product History Compulink Management Center Inc. created its first imaging software package in 1976. At the time, the current PC environment was fundamentally unknown. The company's original offering was a mainframe -based product for a major manufacturing company in the United States. After the introduction of our original product, the company's founder, Nein-Ling Wacker, herself a reluctant programmer, begin to refine that original offering to a product that would fit a wide range of applications within the ever -changing document management marketplace. The result of this refinement was the creation of our first market accessible product. This product included a separate computer card for each imaging process, scanning, OCR, indexing, image viewing. After this brief foray into both the hardware and software market, Compulink decided to focus our efforts on software development alone. After some planning, Compulink completed its first LaserFiche product in 1988. This DOS based product offered users full -text search capabilities and database indexing on a PC DOS platform. The product also offered network capabilities before the advent or Novell NetWare. In 1994, LaserFiche redesigned its product again to take advantage of Novell NLM and the power of server based computing. The first LaserFiche NLM product was release and gained an award from LAN Magazine for "Product of the Year". This first fully LAN based product offered users a server engine that performed all indexing and search functions and provided client search capabilities. The next major advancement for LaserFiche was the migration from the DOS platform to the Windows platform. In 1993 LaserFiche created its first Windows -based client software for the PC market. Since that introduction, LaserFiche has consistently upgraded and enhanced its core product. With each passing version, LaserFiche has gained more features to assist Records Managers, MIS personnel and the end -user. The first product upgrade, LaserFiche 2.0, offered automatic naming, mass import of images, and the ability to import a wider variety of image formats. Within the search engine, Compulink added foreign character recognition, fuzzy search, and wildcard searches in full - text or template fields. To assist in growing storage requirements, portable volumes were also added. The next upgrade included a host of advancements for LaserFiche users. The security features of LaserFiche were enhanced to include comprehensive access control at folder and/or document level. To assist MIS personnel, the ability to modify volumes and reindex text from server console was added to the server software. End users were given the ability to migrate and/or archive documents from volume to volume, the ability to briefcase 6/28/2004 18 2004-232 Imaging System Proposal databases (the ability to importing and exporting of any LaserFiche folder) and new 3-D buttons and dialog boxes. Each of the features added made LaserFiche more powerful as well as more user friendly. But none so much as the main feature of the LaserFiche 3.0 release, thumbnails (small icons of pages). Not only did the thumbnail feature make documents easier to view and assemble, it also made it possible to rearrange pages within the document, merge pages from one document to another, and to create a new document from the pages of an old one. To further enrich the functions of LaserFiche, this release included the sticky note annotation feature, which allows the user to attach notes to a document image. The next upgrade release, LaserFiche 4.0, featured the following additions: • Expanded platforms through LaserFiche LAN — Microsoft NT, Novell NetWare, Unix, LANtastic, Banyon Vines, and many others. • Volume Bundling or Portable Volumes — Enabling users to move LaserFiche volumes on CD-ROM or other removable media from one database to another, eliminating the need to briefcase documents back and forth. • Enhanced index templates — Templates can now be modified after they are created and assigned to documents. Each database can now have up to 250 templates and 30 user definable fields. • Redaction — The capability to allow users to selectively black out or white out confidential information on an image, and the redacted information can then be assigned security rights. Major enhancements followed in the next releases of LaserFiche. Users can now select from a larger number of scanners with the addition of enhanced Kofax and TWAIN scanner support. The added ability to search for a specific folder, document or batch by name was added to the advance search options. The template fields used for document organization and management were enhanced. The software now features a "pick -list" of values, which allows the user to choose a field value from a designated list of entries. This feature is useful when a user needs to specify what category a document belongs in. With a pick list, the user can choose a category from the list, rather than have to retype a category name and potentially misspell it. Along with better document management and index support, LaserFiche also added enhanced printing capabilities. This option offers the user the ability to print zoomed regions of a page. Finally, with more ways to find and view information, LaserFiche needed to expand how responses were displayed. Compulink increased the "document hit' list to display a much larger number of search results within a display window. 6n8i2004 19 2004-232 Imaging System Proposal Current Product Compulink now offers a full range of imaging solutions for towns, cities, federal government agencies, and private businesses. Among the products that now offered, LaserFiche provides solutions for many document automation and workflow applications desired for the current working environment. The current version of LaserFiche Imaging software, version 5.2g, provides all the features of the previous versions of the software with a few notable additions. LaserFiche now has the ability to search for documents or maps based on not only the text of the image, the template information of the image and the visual location of the image, in conjunction with the name of the document, folder, or batch that contains the image. The addition of the name search feature allows users to narrow searches to the exact information for which that they are looking. This addition, however, does not slow down the power and speed of the server search that LaserFiche normally conducts. Along with increasing the search capabilities, Compulink has also increased the automation features of the software. The 16 and 32-bit Plug-in applications provide specific utilities for reducing the effort necessary to enter or index information within the LaserFiche environment. The LaserFiche Snapshot Plug-in converts documents from any Windows - based application into a LaserFiche document using the Windows print drivers. Using this plug-in, any user can index and archive documents simply by printing them to in their native application. The LaserFiche Bar-code Recognition software allows users to batch scan documents into LaserFiche once and have the computer automatically create index information to filing. With the ability to recognize over 10 different bar code formats, in almost any orientation, LaserFiche can read documents and populate their templates using either the bar code information, external database information, or bar code association tables, all automatically. The LaserFiche Zone OCR Plug-in allows LaserFiche to read documents and place the information contained in the document into the template. LaserFiche can create a specific section of the page, or zone, which the software then reads and places into the selected template fields. Using this utility, the user can scan forms or other documents into LaserFiche and have the system automatically populate templates. The most recent addition to the LaserFiche Plug-in group is the MAPI e-mail utility. This application creates a Messenger Application Program Interface (MAPI) call to the resident e- mail program on the workstation. LaserFiche can use either 16 or 32-bit MAPI compliant e- mail drivers. With this application, LaserFiche users can send documents to any e-mail users with a TIFF viewer. In addition to automation tools, LaserFiche has also developed two new options for viewing documents. The first is the LaserFiche WebLink software. The application allows users to publish their LaserFiche documents onto any intranet or Internet. Anyone using a standard web browser will be able to access the simple HTML pages that LaserFiche WebLink creates. 6/28/2004 20 2004-232 Imaging System Proposal The second viewing option is LaserFiche Plus. Compulink has created a portable document viewer and search engine that can be burned onto CDs for royalty free distribution. With this software, LaserFiche users can publish their documents to CD and have them viewed by anyone with a Windows computer and a CD-ROM drive. 6/28/2004 21 2004-232 Imaging System Proposal Professional Services Imagine Systems has the responsibility of providing software training and software support for all LaserFiche products except the Agenda Management/Workflow Module and the Audit Trail Module. Compulink Management Center Inc. has the responsibility of providing software training and software support for the Agenda Management/Workflow Module and the Audit Trail Module if that Module is added at some later point. It is anticipated that Compulink will provide some customization of the Agenda Management program upon any eventual purchase of that software module by the City. Compulink has provided an estimate for training on Audit Trail of $1,500.00 for a 6-hour training session. Training costs for Agenda Management will be determined at the time of the City's purchase of that module. Installation/Implementation and Training Installation/Implementation The first step will be a site inspection to determine proper equipment placement and to identify any network connectivity. Hardware installation itself shall consist of unpacking, connecting, and setting up hardware, as well as installing the necessary operating systems and drivers. It also includes testing the equipment to ensure proper hardware functionality. After testing, software installation shall consist of installing the LaserFiche software on the server and workstations and testing it to ensure operability. Once a purchase order is received from the City, Imagine Systems will order all equipment and software that are required to meet the specifications of this Proposal Once all components, hardware and software, are received by Imagine, the components are staged, configured and tested. This normally takes from 2 to 3 weeks. After testing is completed, then Imagine schedules installation of the system at the City's facility. Additional on -site testing is conducted to verify full functionality of the system. This time is also used to familiarize City IS staff with the system, including back-ups, etc. An additional 1-2 weeks is anticipated for this portion of the implementation. After on -site installation and testing is completed, Imagine Systems will meet with IS and department heads using the system to discuss their needs and anticipated usage, and work with them on customizing the software implementation on the workstations. The time allotted for this portion of the implementation will depend greatly on the input received from the initial meeting. Training Our training program normally consists of some or all of the following elements based on a 4-hour and an 8-hour training class. Imagine shall provide training classes for a total of 10 hours. Additional training is billed at $100 per hour. 6/28n004 22 2004-232 Imaging System Proposal 4-Hour Training Schedule: I. Introduction to LaserFiche A. What is LaserFiche? B. LaserFiche 6 Features. II. Elements of LaserFiche A. Documents B. Folders C. Templates III. Common LaserFiche Tasks A. Starting LaserFiche. B. Retrieving A Document. 1. Browsing 2. Searching A. Basic B. Advanced C. Viewing A Template D. Changing Password E. Customizing Toolbars F. Downloading as a PDF (not available in regular client) G. Printing IV. Inputting Data Into LaserFiche (only available in the full client) A. Scanning 1. Filling in the template 2. Autonaming 6/28/2004 23 2004-232 Imaging System Proposal B. Editing Templates C. Renaming and Moving Documents 8-Hour Training Schedule I. Introduction to LaserFiche A. LaserFiche is a document management system, and consists of a database and an interface to that database. 1. Document management — electronic storage of documents. a. Input the documents. b. Store the documents. c. Retrieve the documents. 2. Hardware intensive. a. Lots of activity. b. Scanner through SCSI. c. Takes up lots of space. B. LaserFiche 5 Features 1. Scanning and storage of documents. 2. Native file format storage of documents. 3. Security 4. Document portability a. Briefcase b. Volume 5. Search and retrieval. 6. Familiar interface. II. Elements of LaserFiche A. Documents 6/28/2004 24 2004-232 Imaging System Proposal 1. Document view. 2. Document view options. B. Folders — contain documents and folders. C. Templates 1. Attached to documents. 2. Provide index information for documents. D. Volumes III. Common LaserFiche Tasks A. Starting LaserFiche 1. Click on LaserFiche in LaserFiche program group. 2. Select database to log into. 3. Enter user name and password. B. Retrieving A Document 1. Browse a. Folder structure analogous to Windows Explorer. b. Double click to open a folder or a document. 2. Search a. Basic Search — Find words or phrases in documents. 1. Phrase 2. And 3.Or 4. Not 5. Within 6. Template 7. Fuzzy Word Search 6n8aoo4 25 2004-232 Imaging System Proposal a. Number — Number of characters different than word searched for. b. Percent — Number of characters different than word searched for as a percent based on number of characters of word searched for. 8. Wildcards (can be used in basic, advanced, and template search) a. * (any number of characters) b. ? (one character) c. [] (a set of characters) d. — (a range of characters) ex. 199[6-9], better than 199* or 199? c. Advanced Search 1. {) — {template:fieldname="fielddata"] 2. <, <=, <>, >, >= for numbers and dates (if the template field is specified as such.) 3. AND, OR, NOT 4. Use brackets to include object names that have spaces. 5. Date range— {[General Template]:date>"05/05/91"] C. Using A Template 1. Entering information into a template. 2. Searching using a template. 3. Viewing a template a. Document view. b. Template button. 4. Creating a template. a. Toots, Options, Template, New. b. Assign a name for the template. c. Assign a name for each field. d. Assign a type for each field. 6/28/2004 26 2004-232 Imaging System Proposal 1. Char — for regular text. 2. Integer — for small number entries. 3. Long Integer — for large number entries. 4. Date — for date entries. e. If it is a Char, assign a maximum length for the entry. f. Check indexing if the entry is unique. D. Scanning 1. Assign a name to the document. 2. Choose a volume. 3. Load paper into scanner. 4. Press scan. 5. When finished, press done. 6. Scanning options. a. Autoname 1. Used to automatically name documents. 2. Tool, Options, Autoname. b. Properties 1. Set resolution. 2. Set color mode. 3. Set paper source. 4. Set blank page deletion. c. Processing 1. OCR — converts document to text. 2. Index — makes the document searchable. 3. Can be done later to save time. 6n812004 27 2004-232 Imaging System Proposal d. Viewing the image. 1. Click on the Process tab. 2. Enable View Image option. 7. Document vs. Batch a. Document — if each stack scanned is a single document. b. Batch — if stack contains a large number of documents. E. Converting A Batch To Documents. 1. Select batch mode in scan dialogue box. 2. Scan batch. 3. Click done. 4. Double click the batch to open it. 5. Select those pages that correspond to a single document, and click the >> button. 6. Assign the document a name and template, and click on Create. F. Working With Pages. 1. Changing the page order of a document. a. Open the document. b. Enable the thumbnail mode. c. Click and drag to change the page order. 2. Adding pages to a document. a. Open the document. b. Click the scan button. c. You will be prompted to specify where to place the new page or pages. 3. Moving pages between documents. a. Open the document with the pages you want to move. 6/28/2004 28 2004-232 Imaging System Proposal b. Enable thumbnail mode. c. Reduce the document display so you can see the LaserFiche file browser. d. Drag the pages or pages to the other document. e. Open the other document and reorder the pages as appropriate. 4. Creating a new document from existing pages. a. Open the document containing the pages you want to use to create a new document. b. Select the appropriate pages. c. Go to View, Create New Document. d. Navigate the dialogue boxes, and a new document will be created. G. OCRing And Indexing Documents After Scanning. 1. Select the documents to be OCRed. 2. Go to Tools, OCR/Index document. 3. Select OCR and/or Index document. 4. Select Entire Document, or enter the pages you would like to OCR. 5. Click OK. H. Working With Folders. 1. The Browse button. 2. Creating a new folder. 3. Moving a folder. 4. Renaming a folder. I. Importing and Exporting. 1. Importing documents. 2. Importing Electronic documents. 3. Importing a briefcase. 6/28/2004 29 2004-232 Imaging System Proposal 4. Exporting a document. 5. Exporting a briefcase. J. Annotations. 1. Redaction a. Click on "Black Marker" button. b. Highlight area to be redacted. c. Double click on redacted area to change color. 2. Highlight a. Go to Tools, Add Annotation, Highlight b. Repeat the steps for redaction. 3. Sticky notes. 4. Stamps. Maintenance and Support Hardware Maintenance and Support The hardware specified proposed for the City of San Bernardino is Compaq/HP would be the preferred source of server and storage hardware. The 3-year on -site warranty offered by Compaq/HP will cover all server hardware. Both CompuLink and Imagine Systems have used Compaq/HP hardware successfully on many LaserFiche projects in the past. It has proven to be very reliable, and compatible with the LaserFiche software. Software Maintenance and Support LaserFiche Software Assurance Plans. The LaserFiche Basic LSAP provide updates and support for all software. Software will be supported directly by Imagine Systems and Compulink via the LaserFiche Software Assurance Plan (LSAP). The Standard LSAP, which is renewal annually, includes: 1. Twenty-four hour access to the Compulink Bulletin Board Service 2. Significant discount (currently up to 35%) on CompuLink consulting fees 3. Current published technical bulletins and newsletters 4. The latest release of your copy of LaserFiche 6/28a004 30 2004-232 Imaging System Proposal 5. Technical support dial -in to your site. Average response time is within four hours. Guaranteed response time within next business day. Documentation All LaserFiche installations will include following documentation: 1. Hardware specification and configuration Hardware documentation is supplied by the manufacturer. Additional documentation should not be needed, because LaserFiche does not use the hardware in non-standard ways. 2. Software specification and configuration Provided in the User's and System Administration Guides. 3. Technical Administrative Instructions Provided in the System Administration Guide. 4. User manuals Included with LaserFiche. 6/28/2004 31 2004-232 Imaging System Proposal Appendix 1. HP/Compaq Server Specifications and Quote 2. HP/Compaq Scanning Station and Scanner Specifications and Quote 3. CompuLink Escrow Account Documentation 4. CompuLink License Agreement 5. Imagine Client References 6. Imagine Systems Business License 7. CompuLink Software Assurance Plan (LSAP) Information 8. LaserFiche Software and Hardware Agreement 6/28/2004 2004-232 Imagine Systems, Inc. Quote 330 North D Street, Suite 125, San Bernardino, CA 92401 Tel: (909) 889-5060 Mrs City of San Bernardino Same Finance Department - Purchasing 300 North D Street San Bernardino, CA 92418-0001 1174 Order Description of LaserFiche Quote - This is a Rack -mount system 1 590997 (Compaq, Prol ML350 X2.8,512M,RAID,Rack 1 1124629 Compaq, Xeon 2.8ghz CPU for ML350 1 448098 i RAM, 1GB RAM for Proliant ML350 2 .418648 Compaq, 36AGB HS Ultra 320 hard drive 1 i 029776 Controller, Smart Array 5304 256mb 4-CH 1 388595 !Compaq Redundant Power Supply for ML350 1 920917 Controller, HP U320 SCSI PCI-X Adapter 1 013527 Compaq, Warranty 3 yr. 4-hr. ML350 1 458299 Software, MS Win2003 Svr STD-SUser 45 061892 Tape, Super DLT 160/320 tape 1 029796 Compaq/HP SDLT 160/320 internal tape dry 1 .124742 HP/Compaq MSA30 RM 14-Drive enclosure 8 418649Hard Drive, Compaq 72.8GB U320SCSI 10K 1 278825 Compaq, 4 hr. response upgrade for MAS30 1 504005 Monitor, HP S7500M 17' carbon/silver 1 651578 Software, SQL 2000 Stan. 1-processor Lic 1 'i796914 Media, SQL Server 2000 Media CD 1 869018 Software, Backup Exec 9.1 SQL Agent 1 I855770 Software, Veritas Backup Exec V 9.1 SVR Imagine Systems, Inc. 330 North D Street, Suite 125, San Bernardino, CA 92401 Tel: (909) 889-5060 pun 12488 • .-..- 24 Jun 04 13 Jul 04 Status 2,549.99 C 32,549 99 0,00 C 0.00 0.00 C li 0,00 0.00 C 0.00 0.00 C 0.00 0.00 C 000 0.00 C 0.00 0.00 C 0.00 0.00 C &00 0.00 C 0,00 0.00 C 000 0.00 C 0,00 0.00 C 0.00 0.00 C 0.00 0,00 C 0.00 4,999.00 C 4,999.00 35.00 C 35.00 625,00 C 62500 600.00 C 600.00 Subtotal 38,808, 99 Sales Tax (7.75%) @ 3,007.70 Order Total 41,816.69 US Dollars Terms: Net 30 ..... _..... 2004-232 Imagine Systems, Inc. Quote 330 North D Street, Suite 125, San Bernardino, CA 92401 Tel: (909) 889-5060 City of San Bernardino Finance Department - Purchasing 300 North D Street San Bernardino, CA 92418-0001 1174 Part of LaserFiche Quote Same I I i 2 ' 882832 Compaq, D530 3ghz 512M 80G CDRW/DVD X 2 959968 DVD-RW, HP internal 5.25" IDE 2 '229379 Monitor, NEC LCD1980SX 19" 1280x1024 75H 2-ZPARTS Cable, External SCSI Cable for Scanner 2 ADR-A01 Controller, SCSI, U2W/160 Adaptec 29160 2 446609 Scanner, Fujitsu fi-5750C 200dpi SCSI 2 ZPARTS Fujitsu ScanAid Scanner Cons. Kit Imagine Systems, Inc. 330 North D Street, Suite 125, San Bernardino, CA 92401 Tel: (909) $89-5060 12492 • .-•.- 24 Jun 04 13 Jul 04 Status 1,099.99 C 2,199.98 249.99 C 499,98 899.99 1 C 1,799.98 99.99 C 199.98 299.99 C 599.98 6,999.99 C 13,999.98 399.99 C 799.98 Subtotal 20,099.86 Sales Tax (7.75%) @ 1,557.74 Order Total 21,657.60 US Dollars Terms: Net 30 -10 2004-232 wS COMPULINK� TO OUR LICENSEES 35gS Long Beach 81,d Lung Beach CA 90807 ww—Jaserfrthe corn Over the last several years we have been requested to place our L.aserFiche® source code in escrow from time to time When faced with the cost of doing so, those requesting it decided it was not worth it to them. I have resisted it also because I do not like the most important and valuable trade secrets of the companv spread around under circumstances in which I have linle confidence It seems that now we are receiving more requests for such escrows, particularly from the larger installations In order to sansly their requests, and my concerns, Compuhnk has arranged for an independent corporanon owned and operated by people in whom I have great confidence to handle such escrows This arrangement is at a reasonable cost to our licensees, significandv lower than other aitemanves That way I can be assured that the escrowed material will remain confidential and to one safe place, and our licensees will have access to the material in the unlikely event that Compulink is not able to continue to service our products. This service to our licensees will be by Terabytech Service, Inc. We have agreed to deposit our source code, updates, fixes, and other documents with them to be held in Wells Fargo Bank vaults. Licensees who subscribe to the service will be beneficiaries of that agreement and may directly pay the fees to Terabvtech The material deposited will cover all of our products in use by current licensees as well as future licensees Copies of the Deposit Agreement and its attachments are available for our licensee's to rectew The fees are S 1500 to set up the arrangement and first year coverage for each licensee desiring it The cost to maintain the coverage is only S250 per year 1 believe that most of our larger licensees will see the value in this service Nien Ling Wacker President TELE 562 988 1688 FAX S62 988 1886 .niagla serf,( he corn 2004-232 ESCROW AGREEMENT FOR PROPRIETARY SOFTWARE This agreement is entered into as of the date hereof between Ferabytech Services, Inc . a Nevada Corporation (hereafter "Agent"), and Compulink Management Center, Inc, a California Corporation (hereafter "Depositor") for the benefit of cenam Licensees of Depositor's software property Depositor is the developer and owner of certain software computer programs that it licenses to vanous persons for use in the Licensee's operations Depositor wishes to insure that its source code for its software programs that are licensed will be available to its licensees in the event Depositor is unable to provide the necessary support and maintenance to its Licensees to maintain the continuing operation of its software programs IT IS "THEREFORE AGREED I Depositor will from time to time deposit with Agent copies of its source code, mst uctions, documentation and any other matenal that is necessary to allow the continued maintenance of its licensed software by technically trained persons Such deposits will be updated from time to time as necessary for updates, and new versions of such software 2 Agent will maintain custody of the deposited material in a secure facility in a Bank of its choosing and will release the deposited materials, or copies thereof, only in accordance with the terms of this agreement. 3 Depositor represents that it is the owner of the deposited matenal and the intellectual property contained therein, that there are no impediments to release of the propenv e pursuant to this agreement, that the deposited material may be read by technology that is current and contained in thdeposited matenals 4 Agent is not responsible for the technical completeness of the deposited material, nor for its ability to be read or useful. If a Licensee wishes to have the material tested, Agent may have the deposit tested by a qualified technician for its readability and operation and provide such Licensee with such a certification. Licensee agrees to pay the Agent its fee for providing such certification. 5 Agent shall reasonably protect the confidentiality of the deposited materials. Agent may provide copies this Agreement to any third pain but shall not disclose, transfer, make available or use the Deposit Materials except as provided under this agreement Agent shall notify the Depositor if it receives a subpoena or court order regarding the 2004-232 disclosure or release of the deposit materials. Depositor sball be responsible to challenge any such order Agent and Licensees may appear to protect their rights to the deposited materials with respect to any such order. 6 Depositor will provide Agent with the names of Licensees that have elected to have the benefit of this deposit agreement Agent will provide each such licensee with a NOtice in the form attached as Exhibit A Fees for these services are shown on Exhibit B Depositor may collect from Licensee the fees required to be paid for the service provided hereunder and remit them to Agent but Licensee is responsible for payment of all fees hereunder for both setup fees and annual continuation fees Fees are due upon receipt of deposit, each Licensee setup, and each Licensee renewal 7. Upon Depositor's material failure to support the proprietary technology in accordance with the applicable maintenance agreement, and A Depositor becomes insolvent or generally fails to pay, or admits in writing its inabihry to pay its debts as they become due, or B a receiver, trustee, or similar officer is appointed for the business or property of Depositor. or C Depositor files a petition in bankruptcy, files a petition seeking any reorganization, arrangement, composition. D or similar relief under any law regarding insolvency or relief for debtors, or makes an assignment for the benefit of creditors, or E any involuntary petition or proceeding under bankruptcy or insolvency laws is instituted against the Depositor and not stayed, en)oined, or discharged within sixty (60) days, or F Depositor ceases active operation of its business or discontinues the sale, licensing or maintenance of the proprietary technolog�Y in material breach of the underlying agreement or applicable maintenance agreement, or G. Depositor adopts a resolution for discontinuance of its business or for dissolution, or H. Depositor takes any corporate action authorizing any of the foregoing, then. Licensee may notify Agent in writing as to such Event of Default (a ,Nonce"), and shall simultaneously provide a copy of any such Notice to Depositor. Unless Depositor shall have provided contrary instructions to Agent within ten (10) business days after Agent's receipt of Licensee's notice a copy of the Escrow Materials then in escrow shall be delivered to Licensee by Agent within the next five (5) business days following the end of any such ten (10) day period. Licensee shall pay Agent the deposit release fee prior to release of such copy. Such delivery shall terminate all duties and obligations of Agent to Depositor and Licensee 8 Depositor and Licensees agree to indemnify and hold Agent harmless against any and all losses, costs, damages, expenses, claims or atlomeys' fees suffered or incurred by Agent as a result of or arising from its acts or omissions, other than acts that constitute willful misconduct or gross negligence of Agent, its officers, employees, a, attomeys or assigns 2004-232 9 Any dispute between Depositor and a Licensee relating toot ansing from thus Agreement shall be resolved by arbitration in accordance with the Commercial Arbitrahon Rules of the American Arbitration Association Unless otherwise agreed by Depositor, arbitration will take place in Long Beach, California. Any court having jurisdiction over the matter may enter judgment on the award of the arbitrator(s). Service of a petition to confirm the arbitration award may be made by first class mail or commercial express mail to the attomey for the Party or, if not represented, to the Party at w last known business address 10 Agent may resign and thus terminate this Agreement at any time by giving the Depositor at least 90 days' notice of its intended resignation, only if anv renewal fee remains unpaid t0 1 The following shall survive upon termination of this Agreement a) Depositor's obligations under Section 8, b) Agent's obligation of confidentiality with respect to the deposit matenals; c) Responsible Party's obligation to pay Agent any fees or expenses due, 10 2 Agent shall retain such deposit for the benefit of Licensees that continue to pay the annual fees for such rights If Depositor provides instructions to deliver deposited materials to another depository that accepts all Licensees, Agent will deliver them as directed If no Licensee pays the annual fee required then Agent may destroy such deposited material I I This agreement may be modified by mutual agreement of Agent and Depositor Any modification shall be binding on all beneficianes/licensees from the date of such modification. Dated this day of (� u' 2002 Compulink Management Center, Inc. . t By ien Ling Wa ker President Terabyiech Services, Inc BY// Marion Tadje / President l 2004-232 Terabytech Seruices,Inc. 1802 No. Carton St.. Suite 212,2775 Cason Corr. Nevada. 8970i rer 775 887.06 70 pan 775 88� 07)8 NOTICE TO BENEFICIARY OF SOFTWARE DEPOSIT AGREEMENT (date) (name ) (address) Software Descnpoon You are hereby notified that as a Licensee of the listed LaserFicheB sofhvare programs you are a beneficiary of that Software Deposit Agreement between Compul ink Management Center, Inc and Terabviech Services, Inc , a copy of which is anached The deposited matenal is maintained in a Wells Fargo Bank vault and is available to you under the terms of this agreement Plcase refer to Paragraph 7 of the agreement which provides for your ability to access the deposited matenals Should you have any questions please contact me at the above address or phone number Mahon Tad)e President 2004-232 TERABYTECH SOFTWARE ESCROW AGREEMENT EXRIBFf B- FEE SCHEDULE Item Description Amount Initial Setup Fee S 1 500 00 Per Licensee Annual Licensee Fee S ?5000 Deposit Copy Release Fee S 2j0 00 Licensee Certificate of Cttrtent Deposit S 25 00 2004-232 COMPULINK MANAGEMENT CENTER, INC. LICENSE AGREEMENT fhu " a legal agar mint betwrcn you, the end user, and Cwnpul nrk Mznag,nne, Confer, Inc. I"COrnprllnk"). The <n,lO,,, CompO1 k utfiware program ('SOFTWARV ) is "'n"d by (rmpulink no the origiml mstnmm and any sobnfier. uanofer cc Of die pfoduu for use only on the tams Set forth here phase read this Incise agrecmrnt. If oparnng the envelope con ai mug the SO17WARE rnstallmg, Copying, or riche wist tsing the SOFTWARE, you accept these terms. If cuts du col lifer t nccsc ....... DO NOT INS Al I OR USE THE ADFT WARE rn v, howrrv,. return the UNOPENED FNVFI OPF conch"og the 51)11WAkL u.gm his w r h din w. mpafinirig nnuun fine �ul.a a. kin. n, nhriv) 11111 of then n.l ., P wg .ruJ pr u,l of yen hale rnYrnu aTc,,,, Jelin mi.I rig. date Of pu,,h,,, SO. a hilt nits. ,I I GRMlTOF LICENSE 1 his l:O,cpahnL sn I,dt... ron...us wine o..dl rr the lullowmg types of vulnvarr "SEkVEA X01 I AARF" In,. yronA ......... on a fompma'r..Lilt a lane and "CLIENT SOFTN'ARk" Jut allnws a congao,k Efr or w- t uslh,, in, .ersnst. pntnJerl by rhr Serwu Suhwarr: STAND ALONE. SOFTTVARE'r by npwm' nn a in Ork 11....... "for PLUG IN SOLIAVARE NIODOLLS" that au be added In the prrnously nsen..on4d LaarrF l e packages. O,n.pul tad gran" Io you the fu0u1:mg rights , the Sorer Snhwrore, ('.lent 5'1 Stand alone Sohwat¢, and Plug in Suhr+„r hlodul" (rol)"wdy e,B'd the. SOF'11YARE"): Tor. ('D nr dnkansls) on which the SOPT\VARF residn may contain several copies of the SERVER SOFT\VARF. w,h of which ,, oongl,I,Wr rash Inherent np"atmg')arms. Ynu may install the SERVER SOFTWARE for use of only ona of those operas. ...g... cone a, nn given time 1'Ou may install one coy) of the SERVER SOFTWARE nn a ""Ale conlyuler (the comyumr rum mnq the SERVER SOFTWARE shall be referred to as Ihr "SERVER'). You may insall the CLIENT 101-IWARE only Oe cam. Purr" or rvurksu,tms equal to the number of 0cnI Liunses III you have a(quir Id and dasign.nCd fur uec uaclmivtly with in, Sf.R\'ER. The number Of authnr¢ed liaises Is.hown or IF' I.ic<nsing Disk acconrpwrying tor, SOF T iARE If you Arsir, m ooe,ae ,he ....Other of (:&nr "arput ,.....reined so. h... aces. to, nt mhrnwne udbu the s,nl.n of the SERVER .0u 1 ...... hall adde.mml (.horn, I. "ter.. ER M. if. COPYRIGHT. the SOFM'.9RE .r nw..c,l Iry Cumpul ink and a Prote,eed by V..fired stairs topyfgM laws ,col unana, u.. n,l rut) pronmms. YOn mull tau. Ihr SOF N'ARE like any Other ropy,%hlcd matrrul recept vuu rmv humll the SOFT- WARFn taa single.mnpurrr pru.iJrJ you keep the onm gal achy for backup of archival pm posts. You may pool copy the po.rud nularh ,a ompanymg the SOFTWARE 111. OTHER RESTRICT101,15. YOu uuy'I... mbh,rnse, assigl,, lra.l, am Or Ins, the 50 WA kf.hin you M,, umuler the 1OI'1'NAE,-I'daaoOlpanvmg rvlinn, ..,ern uls onapu.narem buts, pin+'lied yin. ,,tin m .. rnpws .Ind ,hermprt.r agree, w Ihr lams u1 this agreo,O,M You may rim ..uaa engineer, de ... mpdw. Ahnsrnt Me, Or ,cam Ain win.... r.mk, li...I, the ML IW\HF IV. [IMITATION OF WARRANTY ON MEDIA. 1 he mrvlu trot SOFTstARL) a w,u r...cad still, OIIgIIt,tl yu,,h.,C, ,gnna lief"" .n rcatenal and ww kmanship fur a Pmtod ..f three (3) nsmnof hurl the date ul original Potchue. Detective toed., rvd) Is, r,placed when .I .s mlurned Postage yrCatd with a Cup) of the purchase receipt to Compulink. V. LIMITATION OF LIABILI Ity. Under no or<umslauces end under no legal Ihw'l', loft, Contract, o, olhCeYO,,, >hall (urnyub..k, ns .ppl.... Or "I'llers for Babb m no or any other person for any indirect, special, in<idtiod, or consequential damages ,hallorver (including, wnhuut hillitalion, dauuges for loss of business Profits, business interruption, loss of business mlmm,non. or con other p"uniary loss) arising our of the use or inability to use the SOFTWARE. or provision of or failmr to Prm.d, su Pporl saviors even d Compulink has been advised of the possibility of such damages. In no eve no -Ill Compulink IF, habit fur any damages,, urea, of the mnnunt Compulink received from quo for a license to lore SOFTWARE. VI. U.S. GOVERNMENT RESTRICTED RIGHTS. Use duplication, or disclosure by the Listed Stares Govelrull is sub. ,,,I to «sur1.... n a sin for in FAR 52,227.14 (June 1987), Alternate III(g)(1)(Iune1987). FAR 52.227. 19 (June ;9871. or DFAkS 52.227.7013 (0(1)(r)(lun, 1988), as applicable. Conba(tnffM)nrficlucif is Compuink Morugem,ot Center, Inc, 3545 Long Beach Blvd., Long Beach, California 90807. Vll. GENERAL If any provision of the agrecmnn a found In be unlawful, void, tar tan'-foncestsk, then has provision shall hr scvrmd ham dos agreemem ntd will viol affect the validity and eillor<eabihry of aM, of the c m,of...A provisions. Th., Iruue agreement contains rhr sole and c1sh"`< agrCemenl between You and Compulink relating to ns orb)cn statter. It hill nil be modified or amended in any sway by any Purchase order of other docwnrm issued by you, bw may be amersded only by a Writing signed by both you and Compulink and spenfiully retelling to it. this agacmrot rvdl be governed and <onstru<d by be Laws of the Stain of Cali/ornia. <xreyl Ill that trolly of the bw dtiltn wish ion Ora' of brv. l he headings air for co.Ocirencc Only and are not to be used to Interpol, this:rgrocmenr of Shooed you have any questiom,nn,uoinghis agreem"rq Or T you deal,, to m..ua Compulink for any Calm,, plea, wdtr: C rimy o cook Manage.nen, Ceoler. Inc , 3545 Long Bench Blvd . Lung Bodt Callfrr Ia 90807. U.S A. V 1993 2W2 Compulink Managunent Center Inc. 2004-232 Systems, tnc 330 North D Street Suite 125 San Bernardino CA 92401 Tel. (909) 889-5060 Fax (909) 889-0605 Imagine Systems, Inc. Imaging System Clients Software. Iardware & Consulting Services Clients Century 21/Lois Lauer Realty 1998 Orange Tree Lane Redlands, CA 92374 Tel:909-748-7052 G/M Business Interiors (Gofoth & Marti) 234 North D Street San Bernardino, CA 92401 Tel:909-884-1863 Banshee Construction 1600 E. Steel Road Colton, CA 92324 Tel:909-824-0393 Consulting Services Only Clients: City of Anaheim 200 S. Anaheim Blvd. Anaheim, CA 92805 Hardware Services Only: City of San Bemardino Police Department 710 North D Street San Bemardino, CA 92401 http:Hwww. 2004-232 CITY OF SAN BERNARDINO BUSINESS REGISTRATION CERTIFICATE ACCOUNT NUMBER 29534 DATE PAID 03/22/2004 OWNER. FIRM OR CORPORATION This ffustnem Regunmon Centfue Aces nor ndgae the legal opemion of ing businm a it. bcuion. Other approvLs by odrer City Aepanmenrs, such re De.doprrwm scan o rroy be required n,, Cmif ue e, Issued wallwm verificuion thal the cmificve .s sable, m or eaarp hom hben"'es by the Stare of Cabloperm BF.MEWdI,. the 8.—, Owner u responubb, for tinily renewal. Nor rtteivmg a renewal trot' for any ne'.. Aces . relgvn responsibility for timelywyment. Irrrol pead within 30 Aaye of the eepverian due shown, a 5W pmehy will be ir,yoseA. BUSINESS CLASS: COMPUTERS/DATA PROCESSIN( EXPIRATION DATE NOTES: 6/1/2004 BUSINESS LOCATION: 330 N D ST STE 125 JOHN C EASLEY BUSINESS NAME IMAGINE SYSTEMS ATTENTION MAILING ADDRESS 330 N D ST STE 125 SAN BERNARDINO, CA, 92401.1524 Rachel G. Clark CITY CLERK � - °� ( �} `- a:■ )�fj§f�� ic9l*I�I \\ 0 �\ / ¢ 7 7} 0 \ ) t � 2 •� � 23a � 2 § 7�i _ i\ $\\ƒ}\ 179 - LLk _-_i. \ \\ 2 : �„$:- a 2004-232 ro v v c 3 b c v c c u. fO = v ,-. N i.+F. o` r v o ,;, F .o ,,, ° v E ❑ o,au v >. E E o Es C d - E� N �n C .-1 -u .. v-V v> > y C ro _. m c c In W E ✓ Jl N (C L � y " b � ` v m O y> O O j q 0F -1 0 41 > j>> 0 7 Q a OI 0 q C L ro 1d V '� L.' Lj y41j `� ° ^� • N o W u w a 0 o ro° E E o s > iO 3 3 c v ?> F ro — v b o y V ro i L ro O O C . ° c a F° E L E a 5 o v N ° u v C c O q c O v • L v� v L ro C 0� W m .v v C L cu V `° O. E b a u d-C L 7 b t.E o c 3✓ c ° v c E.° c` o 0 N E > o o c F v v v V -V L n v per_ E 7 O 3 t% C C a E .E N v iv 7 3 -CC a' T C _ ` f C �L' N N • 'd V C C v w �' C v L o 7 ro m E v ro o 3 C v E 0 n O E c- E v > qv E L" .� f -✓ o-o .a c v v ¢Gi r�o+ 7 o V v c° c ° �+ s c ro° ,> v x A v d o E > v a a v a u E o o a; o 3to A o 3 0. vm c E v e o� H z E y� 2004-232 LASERFICHE SOFTWARE AND HARDWARE AGREEMENT Identification of the Parties: This Agreement is made between the City of San Bernardino (the "Customer") with a principal place of business at 300 North D Street, San Bernardino, CA 92418, and Imagine Systems, Inc. (the Provider) with a principal place of business at 330 North D Street, Suite 125, San Bernardino, CA 92401. 2. Purpose of Agreement: Customer desires to retain Provider as an independent contractor to provide sales and services in relation to the Customer's acquisition of LaserFiche software, and related hardware. Provider is ready, willing and able to provide the services needed by the Customer, and agrees to do so under the terms and conditions set forth in this Agreement. Accordingly, the parties agree as follows: 3. Software: Customer desires to purchase LaserFiche software from Provider. Provider is an authorized reseller of LaserFiche software, which is manufactured by Compulink Management Center, Inc. ("Compulink"). Compulink shall be providing implementation and training on all the Agenda, WorkFIow and Audit Trail Software. Any and all services provided by Compulink are not subject to this Agreement. Estimated costs for those services are contained in Provider's Proposal which is incorporated herein by reference as Exhibit "l". 4. Hardware: Customer desires to utilize the services of Provider to provide hardware sales and support in relation to the implementation of the LaserFiche program. The installation of all hardware includes four (4) hours of service at no charge. All additional service related fees will be billed as set forth in Exhibit "I". 5. Training: Provider shall provide training in the use of the LaserFiche software pursuant to the training schedule set forth in Exhibit "1". Provider shall provide a total of ten (10) hours of training at no charge. Additional training, if needed, would be billed at a rate of $100.00 per hour. 6. Fees: Fees and Costs associated with the purchase of the LaserFiche software and related hardware for this project are contained within Exhibits "1" No additional fees and costs are anticipated, however, if additional integration and customization of the software is needed, over and above what is included in Exhibit "1", they shall be billed at $125.00 per hour. All purchases and requests for services outside the normal scope of this Agreement shall first be approved by an authorized representative of the City of San Bernardino. 2004-232 Delivery: Delivery of all items shall be effectuated pursuant to the delivery schedule contained within Exhibit "1 ". Provider shall strive to the best of its ability to work within this delivery schedule. However, since all hardware and software is being provided by a third party, Provider has no control of said items actual delivery date. Any delay in delivery of hardware and/or software will have a direct effect on the actual completion of the project. Provider shall be relieved of all responsibility for any delay in delivery that is not directly related to its own error. 8. Payment: A Payment Schedule is attached here to as Exhibit "2", and is incorporated herein by this reference. 9. Late Fees: Late payments by Customer shall be subject to late penalty fees of 10% per annum from the due date until the amount is paid, unless an invoice includes disputed amounts, at which time extensions for payment may be granted until said dispute is resolved. 10. Materials Customer shall make available to Provider, at Customer's expense, the following materials: access as needed to all IT related equipment that may be needed in relation to the installation of the LaserFiche document imaging program, including access to workstations, scanners, etc that will tie into the LaserFiche system. 11. Changes in Project Scope: If at any time following acceptance of the terms of this Agreement by Customer, Customer should desire a change in Provider's performance under this Agreement, Customer shall submit to Provider a written proposal specifying the desired changes. Provider will evaluate each such proposal at its standard rates and charges. Provider shall submit to Customer a written response to each such proposal within ten (10) working days following receipt thereof. Provider's written response shall include a statement of the availability of Provider's personnel and resources, as well as any impact the proposed changes will have on the contract price, delivery dates of warranty provisions of this Agreement. For purposes of this Agreement, each Modification Agreement duly authorized in writing by Customer and Provider shall be deemed incorporated into and made part of this Agreement. Each such Modification Agreement shall constitute a formal change to this Agreement adjusting fees and completion dates as finally agreed upon. 2004-232 12. Delays: Provider shall use all reasonable efforts to deliver the services on schedule. Any delay or nonperformance of any provision of this Agreement caused by conditions beyond the reasonable control of the performing party shall not constitute a breach of this Agreement, provided that the delayed party has taken reasonable measures to notify the other of the delay. The delayed parry's time for performance shall be deemed to be extended for a period equal to the duration of the conditions beyond its control. Conditions beyond a party's reasonable control include, but are not limited to, natural disasters, acts of government after the date of the Agreement, power failure, fire, flood, acts of God, labor disputes, riots, acts of war and epidemics. Any delay caused by the failure of Customer to submit material, shall act as an extension or time in which Provider has to complete this Agreement. Said failure on the part of Customer shall also be deemed a condition beyond the control of Provider. 13. Limitation of Provider's Liability to Customer: (a) In no event shall Provider be liable to Customer for lost profits of Customer, or special or consequential damages, even if Provider has been advised of the possibility of such damages. (b) Provider's total liability under this Agreement for damages, costs and expenses, regardless of cause, shall not exceed the total amount of fees paid to Provider by Customer under this Agreement. (c) Provider shall not be liable for any claim or demand made against Customer by any third party except to the extent such claim or demand relates to copyright, trade secret or other proprietary rights. (d) Customer shall indemnify Provider against all claims, liabilities and costs, including reasonable attorney fees, of defending any third party claim or suit arising out of the use of the services provided under this Agreement, other than for infringement of intellectual property rights. Provider shall promptly notify Customer in writing of any third party claim or suit and Customer shall have the right to fully control the defense and any settlement of such claim or suit. (e) Provider agrees to protect and indemnify, and save the Customer, its agents, officials, employees, or any firm, company, organization, or individual to whom the Customer may be contracted harmless from and against any and all claims, demands, actions, and causes of action (the "Indemnified Matters"), which may arise on account of illness, disease, 2004-232 loss of property, services, wages, death or personal injuries resulting from Provider's negligence or willful misconduct in the performance of the services hereunder; provided, however, that IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY LOSS OR DAMAGES RESULTING FROM THE OPERATION, DELAY OR FAILURE OF SOFTWARE OR EQUIPMENT PROVIDED BY PROVIDER OR FOR THE ACCURACY OR COMPLETENESS OF DATA, AND UNDER NO CIRCUMSTANCES SHALL PROVIDER BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Provider agrees to further indemnify the Customer for all reasonable expenses and attorney's fees incurred by Customer in connection with the Indemnified Matters. 14. Confidentiality: Provider acknowledges that the hardware and software owned by Customer is Customer's sole and exclusive property. Provider shall treat the information obtained while servicing said hardware on a confidential basis and shall not, at any time, disclose the information contained on said hardware or supporting documentation to any other person, firm, organization or employee who does not need to obtain access thereto consistent with Customer's rights under this Agreement. Provider shall devote its reasonable best efforts to ensure that all persons afforded access to the Customer's hardware and supporting documentation protect Customer's information against unauthorized use, dissemination or disclosure. 15. Term of Agreement: This Agreement commences on the date it is executed and shall continue until the project is completed, or for one (1) year, whichever comes first, or until earlier terminated by one party under the terms of this Agreement. Customer has the option of extending said Agreement for periods of one (1) year. Actual option year pricing shall be negotiated between the parties to this Agreement prior to exercising any given option year. Option years shall only become effective upon issuance by the Customer of a valid purchase order. 16. Failure to Perform Failure of Provider to commence and complete the work within a reasonable time may result in the Agreement being terminated by the City. 17. Termination of Agreement: Provider and/or Customer shall have the right to terminate this Agreement by written notice to the other party at any time provided said party provides 30 days written notice to the other party of said intent to terminate this Agreement. 2004-232 18. Payment Upon Termination In the event of termination of this Agreement, the Customer shall pay to Provider as full payment of services performed that amount which has been previously approved and actually incurred by the Provider at the time of receipt of notice of termination, which amount shall not exceed the reasonable value of the work completed according to the Proposal attached hereto. 19. Provider an Independent Contractor: Provider is an independent contractor, and neither Provider nor Provider's staff is, or shall be deemed, Customer's employees. In its capacity as an independent contractor, Provider agrees and represents, and Customer agrees, as follows: (a) Provider has the right to perform services for others during the term of this Agreement subject to noncompetition provisions set out in this Agreement, if any. (b) Provider has the sole right to control and direct the means, manner and method by which the services required by this Agreement will be performed. (c) Provider has the right to perform the services required by this Agreement at any place or location and at such times as Provider may determine. However, Provider shall provide service whenever possible during normal business hours. Standard response times will depend on the nature of the service related problem, and usual response times range from within four (4) hours, to same day, or next business day, from the time a service call is requested. Some service requests may also be handled immediately via telephone support. (d) Provider will furnish all equipment and materials used to provide the services required by this Agreement, except to the extent that Provider's work must be performed on or with Customer's computer or existing software. (e) The services required by this Agreement shall be performed by Provider, or Provider's staff, and Customer shall not be required to hire, supervise or pay any assistants to help Provider. (f) Provider is responsible for paying all ordinary and necessary expenses of its staff. 2004-232 (g) Neither Provider nor Provider's staff shall receive any training from Customer in the professional skills necessary to perform the services required by this Agreement. (h) Neither Provider nor Provider's staff shall be required to devote full-time to the performance of the services required by this Agreement. (i) Customer shall not provide insurance coverage of any kind for Provider or Provider's staff. Provider shall maintain the following types of insurance with limits as shown: a. Workers Compensation as required by the laws of the State of California, including Employment Liability with $250,000 limits covering all persons providing service on behalf of Provider and all risks to such persons under this Agreement. b. Comprehensive General and Automobile Liability Insurance coverage to include contractual coverage and automobile coverage for owned, hired and non -owned vehicles. The policy shall have at least a combined single limit of $1,000,000.00 for body and property damage. C. Provider shall furnish certificates of insurance and certified copies of all policies and endorsements to the Customer evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which certificate shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Customer, and shall maintain such insurance from the time Provider commences performance of service hereunder until the completion of such services. All policies, with respect to the insurance coverage above required, except for the Workers Compensation insurance coverage and professional liability coverage, if applicable, shall obtain additional endorsements naming the City of San Bernardino and all parties represented under this Agreement, their employees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of the performance of services hereunder. All policies required above are to be primary and non-contributing with any insurance or self-insurance programs carried or administered by the City of San Bernardino or other parties represented under this Agreement. (j) Customer shall not withhold from Provider's compensation any amount that would normally be withheld from the employee's pay. 2004-232 (k) Provider shall provide qualified staff to perform the services required under this Agreement. 20. Non -Solicitation of Employees: Both parties to this Agreement agree not to knowingly hire or solicit either party's employees during performance of this Agreement and for a period of six (6) months after termination of this Agreement without the other parties written consent. 21. Mediation: If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed -upon mediator in the following location: San Bernardino County, California. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. 22. Attorney Fees: If any legal action is necessary to enforce this Agreement, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses. The costs, salary and expenses of the City Attorney, and members of his office in enforcing this contract on behalf of the City shall be considered as "attorney's fees" for the purposes of this contract. 23. General Provisions: (a) Complete Agreement: This Agreement together with all exhibits, appendices or other attachments, which are incorporated herein by reference, is the sole and entire Agreement between the parties. This Agreement supersedes all prior understandings, agreements and documentation relating to such subject matter. In the event of a conflict between the provisions of the main body of the Agreement and any attached exhibits, appendices or other materials, the Agreement shall take precedence. (b) Modifications to Agreement: Modifications and amendments to this Agreement, including any exhibit or appendix hereto, shall be enforceable only if they are in writing and are signed by authorized representatives of both parties. (c) Applicable law: This Agreement will be governed by the laws of the State of California. 2004-232 (d) Notices: All notices and other communications given in connection with this Agreement shall be in writing and shall be deemed given as follows: When delivered personally to the recipient's address as appearing in the introductory paragraph to this Agreement; Three days after being deposited in the United States mails, postage prepaid to the recipient's address as appearing in the introductory paragraph to this Agreement, or When sent by fax to telex to the last fax or telex number of the recipient known to the party giving notice. Notice is effective upon receipt provided that a duplicate copy of the notice is promptly given by first- class or certified mail, or the recipient delivers a written confirmation of receipt. Any party may change its address appearing in the introductory paragraph to this Agreement by giving notice of the change in accordance with this paragraph. (e) No Agency: Nothing contained herein will be construed as creating any agency, partnership, joint venture or other form of joint enterprise between the parties. 24. Signatures: Each party represents and warrants that on this date they are duly authorized to bind their respective principals by their signatures below. Customer: Cl OF SAN BEPARDINO By: (signature) Esther Estrada (typed or printed name) Title: Mavor Pro Tem Date: " I 22 2004-232 Dev Title: Business Development Manager Date: Jim, 2004 2004-232 Exhibit ' ' Payment Schedule Hardware - Payment is due upon delivery, utilizing the City's current payment schedule of payment within 30 days of receipt of an invoice. Software - Applies only to software purchased directly from Imagine Systems. Payment of'h of the total software costs upon completion of training of all required staff as provided for under this Agreement. ID Payment of the remaining 'h of software costs within 30 days subsequent to the completion of training and contingent upon acceptance by the City of all software. The City shall not withhold acceptance arbitrarily as long as Imagine has preformed as specified under the terms of the Agreement and Proposal. 10