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HomeMy WebLinkAbout18-Police Department ", . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Garrett Zirnmon, Chief of Police Dept: Police Department C i.; ... II w'~L Subject: Resolution of the City of San Bernardino Authorizing the Purchase of a Replacement Document Imaging System for the Police Department. Date: February 12, 2002 Synopsis of Previous Council Action Resolution #2001-381, dated December 20,2001, rescinding authorization to execute a contract with ICI Solution of Chandler, Arizona. Resolution # 2001-351, dated November 21, 2001, authorizing the execution of a contract with ICI Solutions of Chandler, Arizona. Recommended Motion: 1. Adopt resolution. 2. Authorize the Director of Finance to amend the FY 01102 adopted budget and transfer $64,700 from 6'19-251-5172 (IS Equipment Maintenance) to 679-251-5705 (Dept. Computer Purchases) and transfer $38,900 from 001-222-5505 (police Other Professional Services) to 679-251-5705 (Dept. Computer Purchases). ~/O~ MICHA~SSISTANT CHIEF OF POLICE Contact person: Captain Robert Curtis Public Safety Programmer Michael Eckley Phone: 384-5606 384-5673 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: $430,132,08 Source: $221,895 - FY 01/02 LLEBG Grant, Account #123-583-5702 $104,574 - FY 00/01 LLEBG Grant, Account #123-581-5702 $64,738 - Account #679-251-5172 (IS Equipment Maintenance) $38,925.08 - Account #001-222-5505 (Police Other Professional Services) Council Notes: Finance ~,h1~ Agenda Item No.1L- ~J,;-"U"C"\7 -s-~ I '. ' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTlQN STAFF REPORT SUBJECT Resolution of the City of San Bernardino authorizing the purchase of a replacement document imaging system for the Police Department. BACKGROUND On 11-21-01, the Mayor and Common Council ratified Resolution No, 2001-351, which authorized the Mayor to execute a contract in the amount of $391,207 with ICI Solutions of Chandler, Arizona for replacement document imaging system consisting of hardware and FileNET software, Prior to executing the contract, on 12-10-01, Safety Programmer Michael Eckley was informed that ICI Solutions' parent company, Law Cypress, had filed bankruptcy earlier that day, Representatives from the Police Department, Information Services, and the City Attorney's Office have discussed the impact of Law Cypress filing bankruptcy would have on the City's proposed contract with ICI Solutions, The outcome was a decision to protect the City's best interests by not executing the contract approved in Resolution No, 2001-351 and moving forward at the earliest possible date to have the Mayor and Common Council rescind this authorization, On 12/20/01, the Mayor and Common Council ratified Resolution #2001-381 rescinding authorization to execute a contract with ICI Solutions of Chandler, Arizona, Subsequently, the Police and Information Services Departments negotiated with FileNET Corporation, hardware vendors and system integrators to develop an alternative proposal for a replacement document imaging system utilizing FileNET software, The selected vendors have agreed to provide all hardware, software, installation, and professional services at or below the WSCA (Western States Contract Alliance) pre-negotiated pricing, For this reason, and due to the urgency of replacing the imaging system, the Police Department requests an exemption to the formal bid process, pursuant to Section 3,04,070 (1) (I) of the San Bernardino Municipal Code entitled "Negotiated Purchases," This request covers FileNET Corporation, DPS Technologies Group, and Imagine System portions of this proj ect. The remaining portions of the proj ect are under $25,000 per vendor and will be ordered pursuant to the purchasing code, FileNET is a publicly held corporation that specializes in electronic document management. They provide comprehensive document imaging systems for medium to large size organizations including police agencies, FileNET currently services the San Diego Police Department; the Los Angeles County Sheriffs Department, and the Los Angeles Police Department. They are in the process of expanding a recently installed system at the San Bernardino County Sheriffs Department. IS and police employees have conducted structured site visits at the Orange County Central Courthouse and the County of San Bernardino Information Services Division that use FileNET software for document imaging, These organizations selected FileNET primarily due " ' to their long-term existence in the imaging field, thin-client technology, low cost of the system in comparison with other vendors, and proven customer support, The proposed purchase meets or exceeds all minimum specifications required by the Police Department and meets current and future document imaging needs of the department The cost of the replacement system is estimated at $430,132,08, including sales tax, This is the same pricing as the proposed contract with ICI Solutions with the exception of an additional $38,925,08 for a second (additional) heavy-duty scanner for the Records Bureau, The proposal is broken down into the following components, Vendor FileNET DPS Technologies Dell Computer Imagine Systems Inland Computer Polestar Various Total FINANCIAL IMPACT ComJ)onent Imaging software and services Scanning hardware, software and Services Scan computers Compaq servers, file server SQL database software, WIN2000 Scan monitors Out of department training costs Amount (with tax) $238,264,00 135,000,00 8,181.87 33,340,01 7,646.20 3,700,00 4.000,00 $430,132,08 The following budgeted funds are available to cover the cost of purchasing a replacement document imaging system for the Police Department Amount Account Number Source $221,895.00 $104,574.00 $ 64,738.00 $ 38.925.08 $430,132.08 123-583-5702 123-581-5702 679-251-5172 001-222-5505 FY 01102 Local Law Enforcement Block Grant FY 00/01 Local Law Enforcement Block Grant IS Equipment Maintenance Police Other Professional Services Implementation of a replacement document imaging system will cause a recurring General Fund savings estimated at $43,000 commencing in FY 02/03 as the result of the reduced cost of software maintenance. Annual FileNET software maintenance will cost $27,000 compared to $70,000 (the minimum estimated annual cost) for Exigen software maintenance. RECOMMENDATION Adopt resolution, e e e 16 17 18 19 20 21 22 23 24 25 26 27 28 ~(Q)~V . 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASE OF A REPLACEMENT DOCUMENT IMAGING SYSTEM FOR THE POLICE DEPARTMENT. SECTION 1: That the Mayor and Common Council hereby authorize the Mayor to execute a contract in an amount not to exceed $238,264, including sales tax, with FileNET Corporation of Irvine, to provide replacement document imaging software and professional services for the Police Department's document imaging system. SECTION 2: That the Mayor and Common Council hereby authorize the Mayor to execute a contract in an amount not to exceed $135,000, including sales tax, with DPS 14 Technologies Group of Pasadena, California to provide scanning hardware, integration 15 software, and professional services for the Police Department's document imaging system. SECTION 3: That the Mayor and Common Council hereby authorize the Purchasing Manager to issue a purchase orders to FileNET Corporation in an amount not exceed $238,264, including sales tax, and DPS Technologies Group in an amount not to exceed $135,000, including sales tax. SECTION 4: That the Mayor and Common Council hereby authorize the Purchasing Manager to issue a purchase order in an amount not to exceed $33,340.01, including sales tax, to Imagine Systems of San Bernardino, California, to provide server hardware, rack . . 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . 1 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASE OF A REPLACEMENT DOCUMENT IMAGING SYSTEM FOR THE POLICE DEPARTMENT. 4 Components and other needed hardware items for the Police Department's document imaging 5 system. 6 7 SECTION 6: Authorization to execute the above mentioned contracts and purchase orders is rescinded ifnot signed with 120 days of the passage of this resolution. III III . . 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ' 28 . 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASE OF A REPLACEMENT DOCUMENT IMAGING SYSTEM FOR THE 2 POLICE DEPARTMENT. 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held on the_day of , 2002, by the following vote, to wit: Council Members ~ Nm Abstain Absent ESTRADA LIEN McGINNIS SCHNETZ SUAREZ ANDERSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this _ day of , 2002. Judith Valles, Mayor City of San Bernardino Approved as to form And legal content: JAMES F. PENMAN City Attorney By: +- FileNET Tb.Subltllnm....lrtd.lusi..... January 10, 2002 City of San Bernardino c/o San Bernardino Police Department Mr. Michael Eckley, Public Safety Systems Manager IS Public Safety Group - "B Building" 710 North D Street San Bernardino, CA 92401 Dear Mr. Eckley Thank you for the continued opportunity to work with your team on completing the proposal and packaging process for the Content and Process Management application at City of San Bernardino Police Department (City). This document is presented as a summary of the proposed deliverables and action items already submitted by FileNET for the City's purchase of software and services, and is separated into three sections. First, a brief description of each submitted document. Second, a summary of the workflow analysis and mentoring proposed by FileNET Professional Services. Third, a summary of the remaining "FileNET" centric steps necessary for us to move into delivery. We recognize City of San Bernardino also has remaining steps that are in process. Pricina and Service Deliverable Documents: 1. FileNET Exhibit A Quotation. This spreadsheet provides a detailed list of the actual products, services, education, and first year maintenance City is purchasing from FileNET. 2. FileNET Content Services and eProcess Services Imolementation Packaae Service Descriotions. FileNET will assign a specialized team to deliver this fixed scope of work under a fixed price. Work includes the analysis and delivery of a complete baseline production system on Content Services and eProcess in your environment. 3. FileNET Master AGreement and associated Addendum documents. All new customers authorize these boilerplate documents to establish standard T&C's. Workflow Analvsis & Mentorina T&M estimates In the Exhibit A quote referenced above, FileNET has included 150 hours of Professional Services block time. The intent of these estimated service hours is for FileNET to provide mentoring, validation and co-development related to the analysis, design and deployment of the initial eProcess workflows necessary for replacing the existing competitive system with a FileNET solution. Our understanding of the requirement is summarized below. +- FileNET Th,SubstllnRB.hindeBuslnllts. The San Bernardino Police Department currently uses a document imaging system to manage enforcement documents, citations and field interview cards. Presently there are three separate workflows managing these documents. Enforcement documents are routed to common group queues and individual queues based on document types, crime classifications and a few other basic index items. Items are automatically sent to specific locations (often multiple queues) once the documents are scanned or an index item is modified. As part of this project, FileNET will work with the Police Department develop the routing rules and processes needed for the enforcement documents workflow. FileNET will serve as a consultant and will explain how the FileNET software can move the documents to the proper users. FileNET will show the City's IS staff how to create the processes and rules related to moving these documents. It is our intent to accomplish the above within the estimated 150 FileNET hours, but this effort is not quoted as a fixed price. Remainina FileNET Steps In addition to the steps the City is taking to finalize the approval process, below is a list of known FileNET requirements, and the responsible parties. 1. FileNET and the City review and finalize the above documents to mutual acceptance 2. In parallel with #1, above City review and approve the boilerplate agreements. Any desired changes should be sent to my attention. 3. City and FileNET to package and deliver final boilerplate and quote documents listed above to for signature by the applicable City personnel. 4. Upon receipt of signed documentation and purchase approval, FileNET will schedule resources and a project kickoff meeting. Mike, I hope this information moves us progressively forward. Please contact me to review each document. Further, if we have missed any important information you need, let me know. Sincerely, Jim Schulte Branch Manager, Government FileNET Corporation 7143277914 ,---:- --- . . . FileNET~ FieNET CarporaIlon 3565 HlVbor Blvd. Cas1a Mesa, CaIIamia 92626 (714) 327-3400 Master Aqreement Terms and Conditions This Master Agreement (herein 'Agreemenr) Is made and entered into by and between FileNET Corporation, a Delaware corporation having Its principal place of business at 3565 Harbor Boulevard, Costa Mesa, California 92626, and its subsidiaries, (herein collectively 'FileNET') and City of San Bernardino (herein 'Customer') located at address: City Stale Zip MasIer Agnlemert No. llIE Ii Agnlemert This Agreement includes the following General Terms and Conditions, as well as those Schedules listed below which are innialed by Customer, all Exhibits referencing the above stated Agreement, and all future Schedules referencing this Agreement which FileNET and Customer may execute from time to time for the purchase, license, support and service of FileNET software and hardware (herein collectively 'Products'). Schedules Form No. Customer's Initials 6400.002 6400.003 6400.004 6800.802 . Software License Schedule . Hardware Purchase Schedule . Software Support Schedule . Professional Services Schedule . Other. This Agreement constitutes the entire agreement between the parties on the subject matter hereof and supersedes all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between FileNET and Customer. This Agreement is not an acceptance of any conflicting terms and conditions and will prevail over any conflicting provision of any Customer purchase order or other instrument. The parties agree that any Customer purchase order is for Customer's convenience only. Only a writing executed by authorized representatives of the parties and referenced as an amendment to this Agreement may modify, supplement, or change this Agreement. BY EXECUTING THIS AGREEMENT, CUSTOMER ACKNOWLEDGES THAT IT HAS REVIEWED THE TERMS AND CONDITIONS ON THE REVERSE SIDE AND AGREES TO BE LEGALLY BOUND BY THEM. CUSTOMER, BY ITS SIGNATURE, ACKNOWlEDGES THAT THIS AGREEMENT CONTAINS CERTAIN LIMITATIONS OF LIABILITY AND CERTAIN WARRANTY DISCLAIMERS. FllENET CORPORATION CUSTOMER: By By (Type ... prinl name) (Type... print name) (~) (Signlllln) T1tIe Title Dale lllifIl 1 CIty of SIll Bemanlino Form No. 6400.001 117100 General Terms and Conditions e 1. payment Tenns. FileNET wi! invoice customer lor aD License Fees, HlWltNn Fees, Support ChlIIges and Service Fees (herein 'Fees1- CusIcmer must PlY eech invoice wiItin thirty (30) deys from invoice dale, II1iess olherwise specified in lie ll!lIlicltIe Schedule. w Customer 8Ul1orI2Ils deIveries in ....,.... CusIcmer must PlY eech invoice fa' 1 deIiYery wiItin thirty (30) deys from invoice dale lMIhool regn " oIher sd1eckJed sI1pnenIs. InvoiclIs not paid..nen cUl wi have 1 1.0 peItllIt per month inlIn8l chlIge or .. highest ~ 1lIIIl, ~ iI loss. assessed againstllelqllid baIne from .. daIo r:I invoice lI1IiI .. daIo d peyn1IlIt 1J peymenIs made lIlder Ilis Agreement shaI be paid in .. amlI1C)' staled 00 .. iMic:e. 2. lleIIveIy. 1J Produds ... ccnsIdenld deIvered to CusIomer, F.O.B. ailin. l4lOO lnr1sfer to _ e lXlIlI11ClI1 ClIrier or Customer ilia FieNET dooiy,_ _ (.. 'Delivery 0ats1-. FIieNET wiI slip al Produds pIepaid and wi a.n invoice Customer seplIlEIy fa' IllIaIod b ilo..,AlolII6.. , oos1s. In 1he absence d prior shllPiv insIrudions, FileNET wi select 1he ClIrier 00 bohaIf r:I Customer, but ISSlITIIS no iabiiIy fa' ~ FileNET wi! endeavor " deliver 1he Produds wi1hin ninety (00) deys aIIer its ...cqAa... c11lis ~reernent or a sutr;equenl onler. 3. PlOpriellry Rights. Certain ,ilo".aliol, and matsriaIs supplied by FileNET IWh 1he Pnxluds such as, but not Iiniled ", l11lI1uals, diagrams, and ltl>Mrgs, are FIeNET confidenliaI or propIieIay trade seaeIs and FileNET fumishes 1hem solely to assist Customer in 1he inslaDalion, operation and use d 1he Produds FleNET llllIks all such all didentiaI and propIieIay inIoonaIion and Customer must abide by 1he tenns of 1hose IlllIki1gs, and not 1IlJlIIldla. 00f1f or disclose such infonnaIion except as iI reasonable and I1talSS8I\' " propeI1y use 1he Producls. 4. Infringement Indemnification A. FleNET wil defend ISrf action, su~ or proceeding brought ago Customer W based 00 a <lain 1ha11he Produds deIvered hereu1der infringes ISrf Un~ States paIsnt, COJll'IllhI, trade SICI8I, or oIher intslledua propeI1y r9rt d ISrf ItOd pa1y ilnllllleclua Property') fJtMded IhaI Customer pIIlITllIIy notifies FleNET r:l1he action and gives FleNET fuI auIhoriIy, infonnaIion and assisIln:e fa' 1he action's defense. FileNET wi PlY ell danages and oos1s awllded _ against CusIomer, but shaI not be responsilIe fa' ISrf cofTll/llllliSe made wi1hout its consent FieNET may, at any tine ~ iI conoemed lMlI1he possiIliIly d such an i iIlillg<llT1llll. III its option and expense, repace or rrodify 1he Produds so IhaI infri'gemenl wi! not exist, or remove 1he Produds involved and refund to Customer 1he price as depreciaIed by an equal annua armunllMll1he ifeIime FieNET establishes fa' 1he Products. B. FileNET shaH have no liability " Customer W any Intelleclua Property i1!Iingemenl or <lain Ihereof iI based upon 1he use d the Produds in OOIdlClion or in lXIlllbinaIion wiIh ~ devices, or software not suppled by FleNET or used in 1 IIIlmlr not expressly au1hoIi2Ild by Ilis AgIWI1II1l or in 1 IIIlmlr lor which 1he ProducIs _ not designed, or 11he claim r:I ~ WllOJd have been ..- but lor Cusbne(s use d software oIher than lie IaIesl, urvrOOified niease cI _ mode available 10 Customer by FieNET. C. Customer shal indermify and hold FileNET harmless from any loss, cost ar expense suIIered ar inaJred in con.lOCIIoo, IWh ISrf claim, suit ar pooooedillllrouit4 against FleNET so far as. is based on a claim IhaI 1he use, sale, ar licensing d ISrf ProdLJ:ts deIvered hereu1der and rnodiiod ar _ ar combined with ISrf poliJcls, device, ar softwllll not s~ by FIeNET hereu1der constiIules an i1!Iingemenl becaJse cI such "Ml,\..fu1, aIfaraOOn ar conilinaIion. e e 5. Umltatlon of UabUlty. Unless expessIy provided o1heIwise in Illil ~reement, FleNET and its Licensors wi! not be liable lor any loss or dan1age claimed 10 have resUled from... .....llplIllIIooar "etfoo".....c1 1he ProducIs ar IlliaIed in ISrf way " 1heir aapsian, rogadess c1the fllrm cI action. In no IYIIlI wi FiIeNET be liable" Cuslcmer fa' (I) ISrf special, incIIecl. iIcilerUI ar COI8IlJlIlI1IiI dlm8ges, ~ W FileNET has been _ ised cI lie poailIly Ihereof, (b) IIrf dlmlges IIIl6lg from IaIanl deIeds, loss cI data ar proIIs, (c) IIrf dain .......... in _ ar Dt, IhllI lIllSI more than ooe j8Ir prior " insIUon cI Slit ........ FleNET shaI be liable fa' actual dlmlges IIIl6lg IIllrn 1 meIeItIII bn8:h c11lis ~ and fa' penIDIl8IlrjlIy ar propeI1y dlmIges di8dIy IllSUiIiv from groes negigence ar iErlianeI rnisconlld 00 1he pst d FleNET ~ tl. but not exceedi1g. 1he License Fees ar HlWltNn Fees paid teretnler. 6. Tax. A. Custamer shaI PlY .. taxes, levies, and sirniIN govenmentaI chalIes. Ilowawr designallad, and a111a1i11ies wiIh respecll1enllo which may be In1>ostd by eny jurisdiction, 1nc:blirJ,j, without 1imiIatIon, customs, prMlege, exase, sales, use, va/IJe-Uled and propeI1y taxes kMed ar based 00 gross llMlIIue ar llplIllIIon c1this Agreement except 1hose taxes based upon FIeNETs net income. B. In the event Illal ~ taxes lIll requiled " be wiINleId 00 payments to FileNET IQired heIeunder, fJtMded IhaI Customer ~ deIiveIs " FiIeNET an olficia 19CI\1laong IWh an English IransIaIion far ISrf such taxes wiIhheId ar other doaInenIs I1talSS8I\' 10 enallIe F1eNET 10 dain 1 foreign tax aediI, CusIomer may deOOcl such taxes from the amount ~ 10 FIleNET and shaI PlY 1hem " the 8IJPIllIlIillIe tax auIhority, W FieNET illIlable 10 IecxMlf 1he IU1 armunt due, Customer shaI incnlase the payments . makes " FIeNET 10 ensure that 1he lIllOUnl paid to I'i1IiNET, less ISrf taxe;, conospeuds 10 1he Fees set 1M in 1he appIcailIe ScheduJe(s~ 7. Export. Customer agrees 1ha11he PnxtLJ:ts purchased hereu1der wi not be exported directly or indiredly, separately ar es part of ISrf system, wihoullrst ClbIIiniv 1 Icense from 1he U.S. Department d Cornmea:e ar any other appropriate agency c11he U.S. GoYermrenl, as reqlired. 8. Aulgnmenl. Customer may not assign, .voIl111a11y ar by llplIllIIon d law, any cI its rights or ~alions in this ~reernent except IWh FleNETs pner w1IlBn consent. This ~reement wi! be ~ on and .... " the benetil d the parties I1er'*> and 1heir respecIive sua:essas and permiIled assigns. g. Waiver. The parties' rights and remedies are sepa:ate and cumLiaIive. Nei1her parties waiver or faikJre 10 exercise illSrf respecllSrf right or remedy provided in Illil ~reemenl iI 1 waiver of any lulure right or remedy hereunder. 10. Fon:e Majeure. W any cause beyond FIeNETs reeeonaIlIe conIrOI JlI8'81L' F1eNET from perfllrming lIlder Ilis ~reemenl ~ a given dale ar lirre, F1eNETs perfonnMce wi be lIIIomaticaIy poslponed. 11. Choice of Law. The laws d 1he Slats cI CaIilomia wi! gcMlII1 the consInI:tion and ~ d Ilis ~reement wiItot regad 10 the lXlIlIIa cI laws pIlNisions Ihereof. 12. Sevenbllity. The inveIidity d any proyisioo c1this ~reemenl wi not 8Ieclthe vaidity and binding eIIecl d IIrf oIher pnMsioo. 13. Notice. NoIi:es hereu1der I1ll5l be sent " 1he adlhsses on the face cI Illil AgIllllTlll1f. ar 10 such other adlhsses as specified by 1 notice complying with this proyisioo. Notice is eIfecIIve 00 1he earier cI actual recoipl ar live deys aIIer deposit in 1he mai. Notices illhe loon d 1 fax ar emaiI areacoeplableWfllIowed~byamailedconlimalion.NoIi:es 10 FleNET must be sent 10 1he atIentioo c1'ConIracts AdniI,j,,1..1Iioo,' 2 CIty cI San Bernadino Form No. 6400.001 1n1oo FileNET Corporalicn 3565 HlIIlor BMl. Casta Mesa, CaIfamia 92626 (714) 327-3400 Software License Schedule llis saw.n li:ense SchecUl (hniI "ScI1ecUe") beloeen FIeIIET lIllI CIv II Salll8r1ati.o 1Il1l!dlnlm" fle Masler.fgeemert beloeen FIeIIET lIllI CUsbnerdlEd . FileNET~ MaslBr A(Jeen8t No. (hniI "CusDner') is (hniIthe '1o-,..t). CUSTOMER AGREES TO INITIAL HERE AND IN THE APPROPRIATE SPACE ON THE FACE OF THE MASTER AGREEMENT TO INDICATE ITS INTENTION TO HAVE THIS SOFTWARE UCENSE SCHEDULE APPLY. CUSTOMER AGREES TO THE FOllOWING ADDITIONAl TERMS AND CONDITIONS WHICH ARE INCORPORATED IN AND MADE A PART OF THE ABOVE.flEFERENCED MASTER AGREEMENT: Cusbne(s !rials . The tlbNi'g lie Ihe terms and oorIlIIicns lIIder iMlich FileNET icenses its slandlrd SollwlI8 IstIld on Exhilil A 10 the Agreement, as I1lOliIIed Iran line 10 line. 1. Gnnt 01 License A. Each SdlwaIe product. ~ fir( docl.rr8dln reIaIi'g 10 or desaibiJlol such Sollw are, such as, but notlnited to, manuals, b charts and improvements or updates proyided by FleNET (ooIIecIiveIy 'SollwlI8'~ illunisl1ed 10 Custxner lIIder a personal, l'IllMXCIusive, no"b...sleo1llile license scIeIy lor CusDnel's llWll intemaI use on Cus1llmel's S8MlIS and dient devices rSystsm") in compiance with !hillicense and at appIi:abIe laws and regulalions. Customer agrees Ihal!hillicense does not penrit Customer ,,: (1) use Ihe SollwlI8Ior a service bureau appIicalion or (2) suIi...... Ihe SollwlI8 B. The SollwlI8 may only be oopied, in whole or in ptI\ (with Ihe proper inclusion II FIieNET's copJright notice and any oIher proprietaIy notice andlor traden1<rks on such Software), as may be necessary and incidental lor ardlivaI plIpOSllS or 10 replace a worn or defective oopy. C . W Customer il unable III operae Ihe SollwlI8 on Ihe System llJe 10 III equipment maIIlI1dion, Ihe license to use Ihe SollwlI8 may be b,...f\o,,,d ~ to anoIher System c1.ring Ihe peOOd II equipment maIundin D. Tille to and ~ Ii Ihe SollwlI8 and rrtf pcxtions (or lIlY ",odilicdtio. $, 1rlI1SIations, or derivaIiYes 1herecI, ""'" W lI18UIhoIi2ed) and .. appIi:abIe "olhls in plEnIs, copJrighls and lrlIde secrets in Ihe Sollwar8 shall IllI11lIin exdusivety witI FileNET lIllI its licensors, W any. SollwlI8 pnMded heI8under il valuable, proprietaIy, and unique, and Customer lIQI88S to be Ixxnl by and obseIve Ihe proprieIary naIlre IherecI as provided herei1. Customer agrees to take digent adion 10 fuIIiI is obligations heIelrder by inslrudion or agreement wiIh is employees or agents (\\11ose oonlidentiaIly obI'l!Ia1ions shall survive 1IlrminaIion Ii ~ or agency) who lie pemitIed lIllCIlSS " Ihe SoIIwllll. I>a;ess ~ only be given on a I1ll8d-l:Hulow basis. Except as satlorlh in IIis Agraement or as may be pemiIIed in 'Milirv by FileNET, Customer shall not use. pmvide or oIheIwise make . avaiabIe Ihe SollwlI8 or rrtf ptI\ or ccpies IherecIID rrtf Ihinl ptI\y. Customer shall not reYllIS8 eng~, decompie or disasseIItie the SollwlI8 or rrtf pation 1herecI, nor CJIIleI'Mse alen1ll " aeaIe or derive Ihe soun:e code. Customer admowIedges Ihalll1allhorizsd reproduction, use. or disdoslJe II Ihe SollwlI8 or fir( ptI\ IherecI may causa irreparable injury' FileNET and/or its licensors, who may thereiJra be entiIIed 10 ijundiYe relief to enforal Ihesa license reslriclions, in _10 rrtf oIher remed"ES avaiabIe at law, in eqli\y, or under!hil Sl:I1edle. E. FleNET agrees Ihal Custome(s alIiIaIas (business anIiies Ii iMlich Customer owns or c:on1roIs IlQ8 Ihan liIIy (50%) percent 0I1he YOIing righls or Ihe oonIroIing body Ii Ihe IxJsiness antiIy) may use Ihe SollwlI8; provided Ihal prior 10 fir( affiIaIe's use 01 the SollwlI8; (i) Customer accepls responsibility lor Ihe acIs or omissions Ii such aIliialas as W they wen! CusDnel's acIs or omissions; (i) Customer shaD indemnify FleNET aglinst losses or damages suflenld by FIieNET llIising Iran bIaach Ii IIis Agreement by lilY such affiiaIe; and (iii) such use shall not 00I1SImJte III UIllllIhorilIld exportatioo, Ii Ihe Software or doaJmentation under U.S. GcMmnent laws lIllI regulalions. 2. License Fa-. SollwlI8 il icansed lor a onEHine license Iae. The Uconse Fees a18 listed on ExhiIliI A. CopIes Ii SollwlI8 plIChased Iran FleNET lor destination ouIsiIe 0I1he U.S. wi be deIiverad m its faciity in DubIil, Ireland. AI oIher SdlwaIe wlI be delivered Iran its lad1ily in Casta Mesa, CaIibnia. 3. InI1llIlltlon A. Customer ~ be responsible lor ins1aIation Ii Ihe SollwlI8 At CuslDme(s request and on Iem1s 10 be agreed upon, FleNET wi instal Ihe SollwlI8 FileNET's installation services 818 Inilad to loading Ihe SollwlI8 onID a Syslem lIllI IesIi1g Ihe SollwlI8 using FileNET's standlrd sat Ii IIlsl daIa. Customer ~ be ,espo.lSibI& lor oont9wing and instaIng lIlY requiad disk s1llraga systems, ne\wllfk sol\ware, appication seMlIS, syslenB lIllI ~ lIlrminaIs and v.oriIstIIioIm prior III inslaIation d Ihe SollwlI8 1_ wi be 1 CIty of San Bemanlino Form No. 6400.002 312101 e deemed successIU lIld lXlIT!lieIBd when the SoI\wn Is loaded on a System lIld Is ready lor usa. B. At Cuslllmer's Illlluest. lIld on lemB t> be agraed ~ ~, FiIsNET may agl80 III prtMde prHlsIaIation Sl.lJIIOlI. i1slaIIaIiln support, bainiY.l, and lXlIISUiIi'g seMlIIs lor the SoIIwn. 4. T ann, Urless tenninaIed by FileNET in acc:onlIn:e YoiIh 1his AgretrntrC. the lBrm of each paid Iil:ense shal e>cpIe at such line as CusIllrner pennallently dlsalnlilJes use of the applicable SoI\wn III as set bI1 in Section 6 below, but ahefwise the Iil:ense shal conIiooe. 5. Types 01 Sotlwara Llean... A. Fill purposas of IIis Schedule, the ~ definitions shall apply: 1. Server Software Is a Wf1Y of Software residing on a server III ""WpIe seMlIS. 2. Clienls are peISOI18I computsIs, rninilxln'!JufBs, mainfJames, workstalioos lIld terminal devi:es It1at inIeracI ,,;Ih Server Sollware. 3. Client SoI\wn Is a Wf1Y of SoI\wn resking on a Client It1at _ YoiIh Server Software. B. Customer agrees to icense the Software as follows: 1. For Client Software . one Wf1Y of Client SoI\wn lor each Client Ihat accesses any Server Software. 2. For Server Software - one Wf1Y of Server Software lor each base system. In addition, ConcuI11llll User Licenses are Illlllired in aooordlllCe YoiIh FIeNErs Ihen-aJrrent version of the ConcuI11llll User Guidelines, which oonsist of CXlIlClIIeI1t Dedicated User, Shared User, and &Business User Licenses. These ConcuI11llll User Guidelines measure persons and prograrrrnalic operations It1at interad ~ the Server Sollware directly III indi'eclly from a Client a Fill Dedicated User Licenses . a Wf1Y of C6ent Sollware and a Wf1Y of Server Software where the ratio of licensed Clients III the nurriler of OO'1CUnent Dedicated User Licenses on the SelVer Is one to one (1:1). b. For Shared User Licenses. a Wf1Y of Client Software lIld a Wf1Y of Server Software where the ratio of _ Clients t> the runber of ooncunent Shlred User Licenses on the Server does rd """'"" ten t> one (10:1). e. Fill eBusiness User Licenses - a Wf1Y of Client Software and a copy of Server Software where the ratio of _ Clienls t> the nllTlber of ~ eBusiness User Licenses on the Server does rd """'"" one htnlIed III one (100:1). C. In the event Customer llecIs to access Server Software by Ihe use of a gateway III lXll1CllI1Inlt> I1llWpIexing meIhodoIogy, the nurrber of Concurrent User Licenses, Is detelrnined by the maximum number of Cfn in front of the ""1tipIexer which have access III the Server SoI\wn at any given point in line. The !hen cuI11lIll version of FleNErs Concurrent User Guidelines will be used to delBrmine the number of Illlluired Conamnt User Licenses. e e D. FileNET may audit Cuslllmer's Software usage remotely or via outbolIld emal of system melrics generated by FiIeNErs system ITIOllbirg ImIiIy III _ duriQ seNice caIs III ~ reasonable rdic:e cUing sllnIIrd busi1ess!un. The.... shal delBrmine SoI\wn IBagll by _ lor ... runber of CllI1CIIIllI1t OedicaIed, Shared IIldIor e&.oi&S User Licenses mqUrad lor each _. SIlcUd an .... delBrmine IhaI CusDnn IBagll has ~ the runber of Concurrent User licenses, IlIIhat Custlmer's deI*l'Iment of SoI\wn on CIienm """'""" the oontnI:ted ratio of Clients III Concurrent l.I;er Ucenses. Cust>mer 8gI8OS t> pm:hase additional Iic:enses in COfl1lilIIce YoiIh 1his Software Schedule. Fill a _ YoiIh a axnbinaIIon of roncument DeclcaIed, Shared IIldIor e&.oi&S User Licenses, any use beyond ... ~ aggregallll1llllbor of .. Conaminl User Licenses fncluding pnIviously acquied SLU type licenses) wiD Illlllire addilion8l Concurrent User Licenses III be pIthased. The Iighest ratio Cclncunlri User Ucense ilan1ilied on the CuslDmef's lXlI1figuralion lIld its applicable lee wi! be irMiced accordingly. 6. Tannlnlllan, NoIIWhstanding the foregoing, FIleNET sha8 have the ~ht III terminale CusIDmet's license W CusIDmer fails to pay any and .. Illlluied Iil:ense lees III oIherMse fails III oompIy YoiIh these Iil:ense tenns and oonditions. Upon fllqliraOOn of the Iil:ense tenn III upon _ of such tenninaIIon, CusIDmer shall inInedaIeIy return III destroy the Software lIld all poI1ions and oopies Ihereot as cirecIed by FileNET lIld, Illllluested by FileNET, shaD certify in writing as III the _ III return of the same. Any lBrminalion of the license sha8 auIDmaticaIIy tenninaIe seNice under a SoI\wn SuppClt Schedule belween the patios. All confiden1iaIity and n0n- disclosure obfgalioos herein shaI sllVive lBrminaOOn. 7. limited Warnnty A. FIieNET WlIllIlIs IhaI . has good lIld cIea' tiIIe III III has the rijllll sUlIicensa the SoI\wn being _ hereunder, flee lIld clear of aI lens and encumbrances. B. FileNET wananls for a period of ninety (90) days from Delivery Date, Software used in a manner lor which . was designed ,,;U generally oonfoon III the applicable FleNET documenIation p<tMded at the line of delivery. FileNETs sole obIgation and liability hereunder shall be to use reasonable eIIOOs III remedy any substantial non-oonfoonlIlC which Is reported to FieNET in writing wiIhin the wananty period. C. THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT WITH RESPECT TO THIS SCHEDULE, THE AGREEMENT, OR THE SOFTWARE LICENSED HEREUNDER 8. U,S, Government Rostricttd Rights. The Software Is CorrmerciaI SoI\wn lIld !he Software lIld 00amlntaIiQn 119 prtMded Mh ResIricIed Rights. Use, dupflCalion or discIosllll by !he Government Is subjecl1D res1rictions as set IorIh in Jl!Ill9reph (e) (1) (ii) of the Righls in TecIricaI Dais and Computer Software Clause at DFARS 252.227.7013 llI8lilpaagraphs (e) (1) and (2) of the Commercial CIlInpuier SoIlware-Res1It RighIs at 48 CFR 52.227.19, as appicebIe. ContracIDrInunJfac1urer Is FleNET Corporation, 3565 Harbor Blvd" Costa M.... Caliilmla 92626. 2 City of San Bernardino Fonn No. 6400.002 312m e e e Fil e NET: Mas1llr Agruement No. FleNET Corporalian 3565 HlIbor BMl. Casta Mesa. CaIIomia 92626 (714) 327-3400 Professional Services Schedule This Professional Services Schedule (herein 'Schedule') between FileNET and Cltv of San Bernardino (herein 'Customer') is an addendum to the Master Agreement between FileNET and Customer dated _ (herein the 'Agreement'). CUSTOMER AGREES TO INITIAL HERE AND IN THE APPROPRIATE SPACE ON THE FACE OF THE MASTER AGREEMENT TO INDICATE ITS INTENTION TO HAVE THIS PROFESSIONAL SERVICES SCHEDULE APPLY. CUSTOMER AGREES TO THE FOllOWING ADDITIONAL TERMS AND CONDITIONS WHICH ARE INCORPORATED IN AND MADE A PART OF THE ABOVE-REFERENCED MASTER AGREEMENT: Customer's Initials The following terms and conditions shall govern the professional services to be provided by FileNET to Customer as defined in a mutually agreed upon Statement of Work (herein 'SOW'). E. Customer shall furnish FileNET, at Custome~s expense, all technical data and information as may be determined by FileNET to be necessary to furnish the Services in the SOW. Customer shall grant FileNET access to the Custome~s FileNET System at such times and so configured as may be required for the adequate delivery of the Services. 1. Service. and Deliverable. A The professional services and deliverables to be performed or delivered by FileNET under this Schedule may Include, but are not limited to: consulting, special studies, installation evaluations, tools/utilities components, programming and documentation, application design and development, systems analysis, design and integration. conversions and implementation planning (collectively referred to as the' Services'). F. FileNET tools/utilities components (herein 'Components') are developed by FileNET to enhance the functionality of FileNET Software for the applicable customer solution. The description of the Components and the associated fees shall be described and priced within the applicable SOW. The rights to use these Components are granted in accordance with Section 7 hereunder. In addition, continuing support for the specified Components may be ordered under FileNETs Software Support Schedule. B. During the term of this Schedule, the Customer may submit orders to FileNET. Upon acceptance by FileNET, each order shall become part of and be subject to the terms and conditions of this Schedule. G. FileNET shall use reasonable effort to deliver the Services to be provided hereunder, but FileNET will not be responsible for any delays resulting from circumstances beyond its control including without limitation, changes to the SOW by Customer. C. For each order issued and accepted by FileNET, the parties shall mutually agree to and attach a SOW with a written estimate of the tasks, deliverables, acceptance of deliverables, schedule for performance and cost for providing the requested Services. It Is understood that the SOW may be amended by mutual written agreement. If there is any conflict of terms between this Schedule and the SOW, then the SOW shall supercede. 2. Term This Schedule shall become effective on the date of acceptance by FileNET and shall remain in force until terminated with thirty (30) days prior written notice from either party. Completion of any ordered Services or the absence of orders for additional Services shall not terminete this Schedule, it being the Intent of the parties to keep this Schedule in effect in the event of Mure orders for Services. D. Hours of Service: Services will te provided during FileNET's normal working hours 8:30 AM to 5:30 PM Monday through Friday excluding FileNET holidays. Customer may request in writing extended hours beyond the normal hours of service at the prevailing surcharge rates. 1 City of Slr1 Bernardino Form No. 6800.11)2 111/00 e e e 3. Service Fee. A The Customer agrees to pay for all Services delivered by FlleNET, including reasonable travel, subsistence, and lodging In accordance wtth FlleNET's established rates and minimums In effect when the Services are rendered (herein "Service Fees"). Additionally, the Customer agrees to reimburse FlleNET for any special or unusual expenses Incurred at the Cuslome~s specific request. B. Customer will be Invoiced in accordance wtth the payment schedule In the SOW attached to each order. All invoices are due and payable In full upon receipt. 4. Change Orders A In the event that either party desires to change the scope of the Services for any reason which is not within the scope of the applicable SOW, such party (referred to for convenience as the "requesting party") shall submit to the other party (referred to for convenience as the "receiving party") a request for a change to the scope of the Services (a "Change Order"). Each Change Order shall set forth In reasonable detail the nature of the change in the Services being requested, the recommended increase in personnel or other resources. if any, and any Impact of the Change Order will have on the SOW schedule, once the Change Order is implemented. The receiving party will use commercially reasonable efforts to review and respond to the Change Order within ten (10) business days after receipt of the Change Order. The receiving party may approve, propose modifications to or disapprove the requested Change Order. Neither party shall unreasonably disapprove a Change Order presented by the other. If the receiving party disapproves the requested Change Order, the receiving party shall provide to the requesting party in writing, within the ten (10) day response period, the reasons for denying the requested Change Order. In the event the parties fail to agree on a specific Change Order, FlleNET shall continue to provide the Services at the service level provided prior to the requested Change Order provided that the SOW is met. FlleNET shall have the right to allocate its resources to the extent necessary to achieve such mutually agreed to service levels. B. A stop work notice or a request for suspension of performance by the Customer shall be considered a change order under this Section. Any resumption of the Services shall require a mutual review and written acceptance of the applicable SOW and any changes or amendments thereto. 5. Chenge Control end SUpervision A All changes must be documented in writing and signed by the requesting party. The assigned Professional Services Project Manager will analyze these requests and generate an initial assessment as to the Impact on the SOW's cost and/or schedule within five business days. (i) Changes that do not affect the cost and/or schedule of the Services will be handled wtthin the SOW. The Project Manager may take three actions: authorize the proposed change, deny the proposed change, or request additional information. (ii) Changes that affect cost and/or schedule of the Services will be reported to the Customer, wtth the applicable pricing and schedule impact of the requested change to the SOW. B. While present on the Custome~s premises and performing Services under this Schedule, FlleNET and its Consultant(s) shall conform to Custome~s published pOlicies and procedures and shall abide by Custome~s directions which are consistent with the Statement(s) of Work. C. It is the express intention of the parties that FlleNET and/or the FileNET Consultant is an independent contractor and not an employee, agent or partner of Customer. Nothing in this Schedule shall be interpreted as creating the relationship of employer and employee between the FlleNET Consultant and Customer. D. Should a FlleNET Consultant be unable to perform the Services under any applicable SOW attached to this Schedule because of illness, resignation or other causes beyond FlleNET's control, FlleNET will attempt to replace such Consultant within a reasonable time, but FlleNET shall not be liable for failure to replace such Consultant within the SOW. 6. Non-Dlsclosure. A In order to perform the Services under this Schedule, Customer may, from time to time, disclose to FileNET certain Information respecting Custome~s technical, financial, statistical and personnel data, (herein "Information"). Any such Information which Is submitted in writing to FlleNET by the Customer and which Is clearly and conspicuously marked as confidential shall be protected by FlleNET against unauthorized disclosure by using the same degree of care and discretion that FlleNET uses with similar Information which FlleNET does not want disclosed to third parties. However, FiteNET shall not be required to protect Information which (I) Is or becomes publicly available, (II) Is already in FlleNET's possession, (Iii) is Independently developed by FlleNET outside the scope of this Schedule, or (iv) is rightfully obtained from third 2CJtyofSlIIBemadino Form No. 6800.802 117100 e e e parties. FileNErs obligations under this Paragraph 6 shall cease immediately upon retum to Customer of such Information. B. FileNET shall not be required to protect any Ideas. concepts. know-how, or techniques relating to data, electronic document processing and image processing developed or resulting from the Services provided under this Schedule. 7. Rights In Data Title to and ownership of all written material, Including without Iimite'on all Services delivered to Customer under this Schedule, including but not limited to software, magnetic and optical disks. tapes, listings and other software documentation (collectively referred to as "Data") first developed or created by FileNET under this Schedule and all proprietary rights therein shall at all times remain with FileNET; however, FileNET, subject to the payment by Customer of all charges related to the Services, grants to Customer a personal, non~xclusive, non-transferable license to use Components and Data furnished to Customer by FileNET under this Schedule. All other Software and related Documentation furnished hereunder shall be subject to FileNErs Software License Schedule. Except and to the extent expressly provided in this Paragraph, no license or other right Is hereby transferred or granted to Customer, Inciudlng any license by implication, estoppel or otherwise, under any patent, trade secret, trademark or copyright. 8. Consultant(s) A The parties recognize that the FileNET Consultant(s) provided under this Schedule may perform similar Services from time to time for others. Accordingly, this Schedule shall not prevent FileNET from performing such similar Services or restrict FileNErs use of the same Consultant(s) provided under this Schedule. FileNET will make every effort consistent with sound business practices to honor the specific request of the Customer with regard to the assignment of its Consultant(s); however, FileNET reserves the sole right to determine each assignment of FileNET Consultant(s) under this Schedule. B. Customer and FileNET acknowledge and agree that the FileNET Consultant(s) provided under this Schedule are highly important to the success of FileNET in fulfilling the intent of this Schedule. Accordingly, Customer hereby covenants and agrees that they will not, either directly or indirectly, solicit, divert or hire, or attempt to solicit, divert or hire any FileNET Consultant(s) engaged In providing the Services under this Schedule for a period of twel\18 (12) months after completion of the Services. C. The parties understand that Consultants provided by FileNET for the performance of this Schedule are trained and provided with specific knowledge to deliver FileNET Services. Customer recognizes, that the loss of such knowledgeable and trained Consultants would constitute damages to FileNET that Is difficuil to quantify. Therefore the parties agree that in the event of any breach of Paragraph 8 (B), Customer shall pay to FileNET; folly percent (50%) of the Consultanfs current annualized gross salary as liqUidated damages. For the purposas of this section the term "Consultant" shall mean and include FileNET employees or sulH:ontractors involved in the performance of Services hereunder. 9. Disclaimer of Warranty THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING fW'( WARRANTY AGAINST iNFRINGEMENT, WITH RESPECT TO THE SERVICES OR DATA FURNISHED UNDER THiS SCHEDULE. FILENET DISCLAiMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FILENET DOES NOT WARRANT THE RESULT OF ANY SERVICES OR THAT THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. 10. Termination FileNET shall have the right to terminate this Schedule upon the occurrence of any of the following events (a) Customer fails to perform or observe any of Its obligations to FileNET under this Schedule, including but not limited to, the timely payment of any sums due FileNET, (b) Customer admits in writing its Inability to pay its debts generally as they become due, or executes an assignment or similar document for the benefit of creditors, (c) the appointment of a receiver, trustee in bankruptcy or similar officer for the equity or assets of Customer, (d) there is an assignment of this Schedule without the prior written consent of FileNET; and (e) such event(s) is not remedied or cured to the reasonable satisfaction of FileNET within thirty (30) days after FileNET has sent written notice to Customer. Termination shall not be FileNErs exclusive remedy and no such termination shall adversely affect any claim. right or action which FileNET may have for damages or otherwise against Customer regarding any failura of Customer to perform or observe Its obligations to FileNET. Foon No. 6800.802 WIOO 3 City of San Bernardino e e e Software Support Schedule This Software Support Schedule (herein 'Schedule') between AIeNET and City of San Bernardino (herein 'Customer') is an addendum to the Master Agreement between FileNET and Customer dated (herein the 'Agreement'). CUSTOMER AGREES TO INITIAL HERE AND IN THE APPROPRIATE SPACE ON THE FACE OF THE MASTER AGREEMENT TO INDICATE ITS INTENTION TO HAVE THIS SOFTWARE SUPPORT SCHEDULE APPLY. CUSTOMER AGREES TO THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS WHICH ARE INCORPORATED IN AND MADE A PART OF THE ABOVE- REFERENCED MASTER AGREEMENT: FileNET~ RlsNET CIlrporation 3565 HIIllor Blvd. CosIa Mesa, CaIifomIa 92626 (714) 327-3400 Master Agreement No. Customefs Initials The followilg are the terms and condllions under which FileNET provides Support (the "Suppor1") covering the Software listed in Exhibll A to the Agreement, as modified from time to time. 1. Malnlenance A Hours of Support Availability. Payment of the standard Support Charges (as defined in Section 5) entiUes Customer to Support during the Principal Period of Maintenance ("PPM"). The PPM is a ten hour contiguous daily time period between Ihe hours of 8:00 AM and 6:00 PM, local time, Monday though Friday, excluding FileNErs published holidays or such holidays as observed locally by FileNET. All Support subsequently added shall have the same PPM. B. Scope of Support. Software Support includes the response to and resolution of Cuslomer-encountered problems with 1I1e Software as reported to FileNET by Customer. Resolution of Customer-encountered problems shall, at FileNErs option, consist of: (1) maintenance provided through telephone or electronic support; (2) correction of any defect in the Software program that materially and adversely affects the use of the Software as described. in FileNErs documentation, (3) delivery of Software defect corrections or other changes limited to the current or immediate prior Software release. FlleNET will support licensed Software located on the Custome(s development or production systems. FileNET will use commercially reasonable efforts to respond to Customer calls according to the priority level of the call. FileNET will ensure the Custome(s call is resolved within a commercially reasonable period. C. Support limitations. Software Support is contingent upon the use of unmodified Software (except as authorized by FileNET) operated in accordance with FileNErs documentation. Software Support specifically excludes the following: (1) Support to a version of Software other than the current or immediate prior release: (2) efforts to restore a release of the Software beyond the current or immediate prior release; (3) efforts to restore Customer data beyond the most recent back-up. 0, End of Support Life. FileNET periodically announces the End of Support Lffe (EOSL) for Software. FileNET will notffy the Customer signatory or designee in writing or by electronic mail a minimum of one hundred and eighty (180) days prior to the Support discontinuance. After the EOSL, telephone and or Web-based support Iimlled to current available fixes will be available on a commercially reasonable efforts basis at prevailing rates. 2. Custome(s Responsibilities. Customer is responsible for maintenance and installation of any common carrier equipment or communication service related to the operation of the Software and not furnished by FlleNET. Customer is also responsible for charges incurred for communication facilities at Customer's facilities. whether incurred by Customer or by FileNET Support representatives while performing Support on the Software. Customer is responsible for performing Software back-ups in accordance with published documentation. Customer shall notify FileNET of any Software failure and shall allow FileNET reasonable access to the Software for performing Support. Customer must provide FileNET with modem access to the Software to perform remote support. Customer must provide a FlleNET trained System Administrator trained in the operating system, database (including back-up and restore), and FileNET tools and applications purchased by the Customer. Support calls must be placed to FileNET by a FileNET trained contact. 3. Software Modification. FileNET will not be responsible to Customer for loss of use of the Software or data or for any other liabilities arising from alterations, additions, adjustments or repairs which are made to the Software by other than authorized representatives of FileNET, or at the direction of FileNET. FileNET reserves the right to Foon No. 6400.004 2.\lMll I City of Slrl BerMdino e e e terminate this Agreement upon written notice to Customer if any such alteration, addition, adjustment or repair edversely effects FileNET's ebility to render maintenance Support to the Software. 4. Tenn and Applicability to Other Schedule. A If Customer elects at the same time as R executes a Software License Schedule to have this Software Support Schedule apply, then: (a) the initial lerm shall bagin on the Delivery Date of the Software to the Customar and end fifteen (15) months after the Delivery Date, (b) the commencement dale for Support Charges will ba ninety (90) days from the Delivery Dale of the Software to the Customer ("Commencement Date"), (c) payment of one year of Support Charges in advance shall bag.. on the Commencement Date. B. After the inRial term, Support shall continue under the terms and condRions set forth herein from year to year, unless terminated by either party upon ninety (90) days advance written notice to the other party. C. If this Software Support Schedule goes into effect at any other time, the initial term shall begin on the date of the applicable Support SUbscription order form and end twelve (12) months thereafter, with payment in advance for one year of Support Charges. D. The CommEncement Date for Software add..,ns andlor upgrades will be the Delivery Date and the term of Support and related Support Charges shall ba coterminous wRh the term of Support applicable to the Software initially covered. 5. Support Charge. A Definition. "Support Charges" ere the total annual charges listed on ExhibR A. After the initial term and upon thirty (30) days written notice, File NET may change its Support Charges then in effect. If the Support Charges are increased, Customer may terminate Support as of the effective date of such increase, upon fifteen (15) days written notice to FileNET. If Customer does not terminate Support as stipulated, the new Support Charge shall bacome effective on the date specified In the notice. B. Invoice.. Support Charges will ba invoiced annually in advance, and anyone-time cherge will ba invoiced as incurred. Partial inVOicing will be prorated on the basis of a thi~ay (30-day) month. Customer shall pay all invoices in full wRhin thirty (30) days of receipt of the Invoice regardless of whether or not Customer utilizes Support every month during the term. All amounts payable under this Software Support Schedule shall ba paid in the currency stated on the invoice. _ C. Defeult. Customer will ba in default If undisputed amounts due wRhln thirty (30) days after receipt of invoice have not been paid or Customer fails to perform any of its obligations hereunder. Customer's default will consiliute sufficient cause for File NET to suspend or terminate Support under this Software Support Schedule. 6. Supplemental Malntanance Support A. Movement of Software. Software moved to a location outside of the original delivery country shell continue to ba supported at the option of FlleNET subject to the prevailing terms, condllions and prices of the country to which it Is moved. Furthermore, FileNET shall have the right to alter the type of Support provided to the relocated Software. Customer shall give FileNET at least thirty (30) days written notice specifying the new location prior to any movement. Reinstallation must occur within thirty (30) days of deinstallation or a pre-contract inspection may be required and billed at the then-current prevailing rates. B. Other Support. FileNETs rendering of maintenance Support that is not selected by Customer, Including extended coverage, right to receive unspecified upgrades, updates and enhancements on an if and when available basis and consuRing will ba performed at FileNETs discretion upon receipt of a purchase order or appropriate payment, end, If performed, will be charged to Customer at current prices and terms then in effect. 7. LIMITED WARRANTY. THE SUPPORT OBLIGATIONS SET FORTH IN THIS SCHEDULE ARE IN LIEU OF ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUPPORT PROVIDED UNDER THIS SCHEDULE DOES NOT ASSURE THE UNINTERRUPTED OPERATION OF THE SOFTWARE. FCJIIl No. 6400.004 :Mllolll 2 CilyofSal_ . . . ~ FileNETe eProcess Infrastructure Implementation A "Services Description" for City of San Bernardino Provided by FileNET Corporation January 8, 2002 . e e -+- FileNETs Proprietary Notice This document contains confidential information of FileNET Corporation, which is provided for the sole purpose of providing a Services Description. In consideration of receipt of this document, the recipient agrees to maintain such information in confidence and not to reproduce or otherwise disclose this information to any third party, without written permission from FileNET Corporation. Cl2002, FileNET Corporation. AI RIghts Reserved. o FileNET Corporation Confidential eProcess Infrastructure Implementation Package A Services Description for City of San Bernardino Page; 108-R2 e e e -+ FileNET" Table of Contents I. PROJECT SCOPE............................................................................................................................................ 3 1.1 INTRODUCTION ........................................................................................................................................... 3 1.1.1 Assumptions ........................................................... ............................................................................... 4 1.1.2 Service Limitations............................. ............................... ................................................... ......... ........ 5 2. IMPLEMENTA nON PLAN........................................................................................................................... 6 2.1 OVERVIEW.................................................................................................................................................. 6 3. RESOURCES .................................................................................................................................................... 7 4. ROLE DEFINITIONS ...................................................................................................................................... 8 s. RESPONSmILITIES ....................................................................................................................................... 9 5.1 FNC's RESPONSIBILITIES ....... ...................... .......................................................................... .................... 9 5.2 FILENET's RESPONSIBILITIES .................................................................................................................. 10 6. PROJECT TASKS AND DELIVERABLES ................................................................................................ 11 6.1 TASK I: KICKOFF MEETING.......................................................................................... ......................... II 6.1.1 Define Project Organization and Project Team ................................................................................. II 6.1.2 Review Project Services Description and Implementation Tasks ....................................................... I I 6.1.3 Define/Review Project Plan................................................................................................................ I I 6.1.4 Architecture Review... ......................... ......... .......... .......... ....................... ......................... ................... 12 6.2 TASK 2: SOFIW ARE INSTALLATION ....................................................................................................... 12 6.2.1 Server Installation............................................................................................................................... 12 6.2.2 Security Setup ..................................................................................................................................... 13 6.2.3 Client Software Installation ................................................................................................................ 13 6.3 TASK 3: FNC's PROTOTYPE SYSTEM .................................................................................................... 13 6.3.1 Load FileNET-Supplied Sample Workflow ......................................................................................... 13 6.3.2 Test Sample Workflow......................................................................................................................... 13 6.4 TASK 4: SYSTEM ADMINISTRATION ....................................................................................................... 13 6.4.1 Security Review.............. .................. ........................... ...... ............... ................................ ................... 13 6.4.2 Review Backup Methodology..............................................................................................................14 6.4.3 Routine Maintenance.. ....................... ................................ .............. ................................................... 14 6.4.4 Problem Reporting.............................................................................................................................. 14 6.5 TASK 5: PRODUCT CONFIGURATION DOCUMENT................................................................................... 14 6.6 TASK 6: PROJECT COMPLETION ............................................................................................................. 14 7. OPTIONS......................................................................................................................................................... 16 8. APPENDIX A - CHANGE ORDER .............................................................................................................. 17 " FileNET Corporation Confidential eProcess Infrastructure Implementation Package A Services Description for City of San Bernardino Page Ii 108-R2 e e e -+- FileNETe 1.1 Introduction FileNET Corporation is pleased to submit this Implementation Package to City of San Bemardino (City of San Bemardino). City of San Bemardino has requested the following services from FileNET: . FileNET eProcess Infrastructure Implementation Package. These services provide the expert resources required to install, integrate and configure the software components that comprise the eProcess suite of FileNET products. The objective is to establish the foundation upon which the eProcess design and development process can commence to develop City of San Bernardino's selected workflow application 1. The eProcess Infrastructure Implementation Services are comprised of the following components: . panagon eProcess Services . panagon Web Services and Toolkit . panagon WorkFlo Services and Toolkit In addition, as a requirement for the operation of the eProcess suite of products, a limited version of Panagon Image Services2 will also be installed as part of this eProcess Infrastructure Implementation. Images Services is only required if eProcess is performing transactions with Panagon Image Services documents. The scope of this Implementation Package is limited to support of the FileNET eProcess Infrastructure Implementation Services. FileNET expects that the implementation services described herein will be completed in no more than five (5) business days. A formal Change Order will be issued to manage any deviations from the scope of work described in this document. Please refer to Section 8, 'Change Order" of this Services Description. 1 Custom workflow development is not included in this Implementation. These services are available from FileN ET Professional Services under a Professional Services Statement of Work. 2 Should City of San Bernardino elect to have a full FileNET 10M Image Services product installed (rather than 'Iimited., as included in the eProcess Infrastructure Implementation Package), FileNET can perform the full IOMIS Implementation for City of San Bemardino under a separate contract. City of San Bernardino will need to purchase the appropriate IOMIS Implementation Package. C FileNET Corporation Confidential ePracess Infrastructure Implementation Package A Services Description for City of San Bernardino Page 3 of 19 108-R2 -+- FileNET" e FileNET Learning Services education included in this implementation are as follows: . First View CBT (1 copy) . Panagon eProcess Foundation class (1 person) . Panagon eProcess Administration class (1 person) The FileNET Project Lead will order the above CBTs/MBTs for City of San Bernardino using the Purchase Order number that contains this implementation service package. In order to register for these classes City of San Bernardino must be able to provide the Purchase Order number that contains this implementation service package. Please refer to the FileNET Global Learning Services Web site for detailed information regarding class schedules, course descriptions, ordering options, registration instructions and relevant FileNET Web site locations. 1.1.1 Assumptions The following prerequisites must be met by City of San Bernardino prior to initiation of the eProcess Infrastructure Implementation Project: . Network check (verify server connectivity to network, addressing, correct protocol). e . FileNET eProcess, Web, and WorkFlo Services software media has arrived at City of San Bernardino's facility. . City of San Bernardino should have attended the Panagon eProcess Foundation and Panagon eProcess Administration classes prior to the initiation of this Implementation. . FileNET IDM Content Services (IDMCS) must already be installed, configured, and fully operational prior to the commencement of the eProcess Infrastructure Implementation Services3. Additional resources and time for the development of .custom applications' are not included in this implementation. Installation and configuration of any additional local or remote servers other than those included as part of this Implementation and are considered additional options. Pricing for those respective field integration linstallation services will be as published in the current FileNET price book. e 3 This service is outside the scope of an eProcess Infrastructure Implementation. FileNET can perform the IDMCS Implementation for City of San Bemardino under a separate contract. City of San Bemardino will need to purchase the appropriate IDMCS Implementation Package. <<:> FileNET Corporation Confidential eProcess Infrastructure Implementation Package A Services Description for City of San Bemardino Page 4 of 19 108-R2 1- . . . -+ FileNETe Travel and Living Expenses: Travel and living expenses are not included in this implementation package. All travel and living expenses (hotel, airfare, meals, etc.) incurred by FileNET traveling to City of San Bernardino's site will be billed separately to City of San Bernardino as incurred. 1.1.2 Service Limitations Setup and configuration of FileNET IDM Content Services are not included in this implementation. eProcess Infrastructure Implementation Services do not include repairs, corrections or troubleshooting of performance degradation, data corruption, errors and faults that are discovered during the process due to hardware failures, non-qualified hardware or operating system. Repairs, corrections or troubleshooting of such errors and faults will be City of San Bernardino's responsibility; any FileNET involvement will be charged on a Time and Materials (T&M) basis. Cl FileNET Corporation Confidential eProcess Infrastructure Implementation Package A S~rvices Description for City of San Bernardino Page 5 of 19 108-R2 e e e -+- FileNETe 2.1 Overview FileNET is pleased to present this Services Description for the FileNET eProcess Infrastructure Implementation Package to City of San Bemardino. The objective is to provide hands-on assistance to address any questions, recap key issues covered in formal training classes, and to assist in applying the knowledge gained in class to City of San Bernardino's operational requirements. The FileNET Technical Consultant will help guide City of San Bernardino on proven strategies and procedures that have been employed by other successful FileNET installations. This Implementation Package includes a set of tasks that City of San Bemardino must complete to facilitate a successful eProcess product installation. The actual duration of each task varies from customer to customer, based upon their knowledge of the products and the complexity of the eProcess installation. This Services Description will define the deliverables for City of San Bernardino. The resources outlined in this plan will include both the FileNET and City of San Bernardino personnel that are required to successfully install and configure the eProcess Infrastructure solution. FileNET resources will be provided Monday through Friday from 8:00 a.m. to 5:00 p.m., excluding holidays and vacation time. Specific details regarding schedules will be determined prior to the project start-date. Cl FileNET Corporation Confidential eProcess Infrastructure Implementation Package A Services Description for City of San Bernardino Page 6 of 19 108-R2 -+- FileNETe - - The "Project Team" will consist of the FileNET Account Team, the City of San Bernardino resources listed below. FlleNET Account Team Resources The FileNET Project Lead coordinates the appropriate FileNET resources as required. Depending upon the scope of the project, the FileNET Project Lead function may be performed by an Implementation Project Manager (IPM), a PS Project Manager (PSPM), or a PS Systems Consultant (FileNET Consultant). Depending on the project the FileNET Team may include any of the following members: Implementation Project Manager (IPM) Professional Services Project Manager (PSPM) Professional Services Systems Consultant (FileNET Consultant) Technical Consultant (TC) Account Executive (AE) Systems Consultant (SC) District Systems Manager CSS Manager District Manager ValueNET Partner resources e City of San Bernardino Resources City of San Bernardino will need to identify intemal personnel to fill the roles of the City of San Bernardino Project Team. City of San Bernardino is responsible for selecting a Project Lead to share lead responsibilities with the FileNET Project Lead. Depending on the project the City of San Bernardino Project Team may include any of the following members: Project Lead FileNET System Administrator Web MasterNVeb Designer System Operations Coordinator PC Coordinator LAN Administrator Database Administrator DocumenURecords Manager Document Entry Supervisor End-User Manager End-User Specialist Application Developer CrJ FileNET Corporation Confidential eProcess Infrastructure Implementation Package A Services Description for City of San Bernardino Page 7 of 19 108-R2 tit tit tit -+- FileNET" Workflow Consultant City of San Bernardino will need to identify internal personnel to fill the roles as listed in Section 3, "Resources". The following outlines the general roles for each of these individuals. Please note that additional resources may be required at various phases of the installation. Likewise, not all of the individuals will necessarily be involved in this implementation. Proiect Lead- This individual will represent City of San Bernardino resources and provide project coordination in conjunction with the FileNET Project Lead. Technical Proiect Imolementation Resource 11 to 2 oeoole)- This individual(s) will work closely with the FileNET consultant(s) during installation and configuration of the FileNET server and clients. He/she will provide technical insight into the current City of San Bernardino information systems, as required, for the installation phase. FileNET strongly recommends that this individual(s) become familiar with the FileNET products by enrolling in FileNET classes, preferably prior to project initiation. FileNET Svstem Administrator. Web MasterlWeb Desianer. or Ooerations Coordinator 11 to 3 oeoole)- This individual(s) will learn the administration functions necessary to oversee the FileNET system, and will serve as the on- going administrator for the system. Enrolling in the Panagon eProcess Foundation and Panagon eProcess Administration classes is required and should be completed in time for acceptance of the installation by City of San Bernardino. This individual(s) will work closely with the FileNET consultant(s) during installation and configuration of the FileNET server and clients. Panaaon Desktoo Suoervisor 11 oerson)- This individual will work with the FileNET consultant(s) during the onset of PC installation, and will continue the PC installation to all PC's requiring the software. Enrolling in the 10M Desktop Administration and Support class should be completed in time for acceptance of the installation by City of San Bernardino. Workflow Consultant- This individual will possess the necessary training in the use of FileNET workflow products as well as the necessary systems development background to develop the intended workflow application. Ii:> FileNET Corporation Confidential eProcess Infrastructure Implementation Package A Services Description for City of San Bernardino Page 8 of 19 108-R2 -+- FileNETe e 5.1 City of San Bernardino's Responsibilities In order to facilitate a successful implementation, City of San Bernardino has the responsibility to provide the following: . Hardware, software, and network configurations that meet FileNET requirements for system size and performance for the purchased software. e . A Project Coordinator with sufficient authority to represent City of San Bernardino's interests and serve as the focal point for all decisions and communications to and from FileNET, as well as coordinate activities assigned to City of San Bernardino personnel. This person will be responsible for signing project-related documents. . Local system administrator(s) trained on the administration of FileNET products to be installed at City of San Bernardino. Education information is available through City of San Bernardino's FileNET Account Team and on the FileNET Global Learning Services Web site. . Local help desk personnel trained on the FileNET client products to be installed at City of San Bernardino. Education information is available through City of San Bernardino's FileNET Account Team and on the FileNET Global Learning Services Web site. . Installed the most recent version of FileNET 10M Content Services properly configured with appropriate users, groups, custom properties, document types, and sample documents. This must be done prior to the commencement of the eProcess Infrastructure Implementation Services. Improperly installed or incomplete system configuration may necessitate a Change Order to this project if City of San Bernardino desires FileNET to correct system deficiencies. . Staff to work with the FileNET Technical Consultant who can provide access to the existing FileNET 10M Content Services System. . System support package in place through FileNET or a FileNET Partner to ensure on-going maintenance post-implementation. City of San Bernardino will make available all City of San Bernardino personnel required for this project in a timely manner. Any significant delays caused by City of San Bernardino personnel not being available may result in schedule delays which in turn can impact the project sufficiently to require an issuance of a Change Order to address additional or extended FileNET personnel requirements and additional costs. Please refer to Section 8, "Change Order" of this Services Description. e C FileNET Corporation Confidential eProcess Infrastructure Implementation Package A Services Description for City of San Bernardino Page 9 of 19 i08-R2 . . . -+- File NET'" 5.2 FileNET's Responsibilities . Install Panagon WorkFlo Services including a limited version of panagon Image Services (if required). . Install Panagon Web Services. . Install 10M toolkit, if purchased. . Install Panagon eProcess Services. . Install panagon eProcess Services toolkit, if purchased. . Configure and integrate eProcess with the already installed FileNET 10M Content Services System. . Setup a sample user profile. . Load and test the FileNET-supplied sample workflow. . Demonstrate the system to the City of San Bernardino Project Team. . Deliver documentation describing the FileNET server configuration. . Provide City of San Bernardino a completed eProcess Infrastructure Implementationllnstallation Checklist. . Review Problem Reporting and Product Support Procedures. C FileNET Corporation Confidential eProcess Infrastructure Implementation Package A Services Description for City of San Bernardino Page 10 of 19 108-R2 -+- FileNET" e The Project Team will perform the following tasks. Deliverables for each task are detailed wilhin the task descriptions. The eProcess Infrastructure Implementation Services comprises the following tasks. 6.1 TASK 1: Kickoff Meeting The purpose of this meeting is to prepare both the City of San Bernardino team and the FileNET team for the eProcess Infrastructure Implementation Project. Topics of discussion will include City of San Bernardino's requirements, expectations, prerequisites, and schedules. 6.1.1 Define Project Organization and Project Team The FileNET Project Lead works with City of San Bernardino to identify the project management structure requirements for the product installation team that suits City of San Bernardino's eProcess Infrastructure workflow utilization and business structure. Team members represented by City of San Bernardino may include roles listed in Section 3, "Resources". e 6.1.2 Review Project Services Description and Implementation Tasks The FileNET Project Lead will review the Implementation Services Description, the implementation tasks, and roles and responsibilities with City of San Bernardino's Project Team. 6.1.3 Define/Review Project Plan The implementation project plan includes consultant assistance necessary to complete the implementation tasks. This implementation project plan is one of the deliverables provided to City of San Bernardino as part of the implementation process. e Once selected, the Project Team works on the development of a project plan that best frts City of San Bernardino's implementation needs (see the sample eProcess Infrastructure Implementation Project Plan for a starting point). The plan is designed to complete the implementation in the shortest possible timeframe. Each task is assigned a resource(s}"and a time window based on the effort required to complete the task. Those project tasks requiring a higher level of specialized experience are usually assigned to the FileNET resource possessing the appropriate set of skills. City of San Bernardino members are assigned tasks that they can complete without the assistance of a FileNET Technical Consultant (for example, document review, client machine setup, etc.). FileNET strongly encourages the practice of joint task assignments as an excellent means of training and knowledge transfer for the team members. Upon iC) FileNET Corporation Confidential eProcess Infrastructure Implementation Package A Services Description for City of San Bernardino Page 11 of19 108.R2 e e e -+- FileNET" acceptance of the plan by both parties, the eProcess Infrastructure Implementation begins. The starting date to begin the eProcess Infrastructure Implementation Services for City of San Bernardino will be scheduled and confirmed with the FileNET Project Lead and the assigned City of San Bernardino Project Leader. 6.1.4 Architecture Review Review FileNET software purchased, City of San Bernardino's server configuration (hardware, operating system and site specific software), FileNET specific network configuration, and City of San Bernardino's System Diagram. 6.2 TASK 2: Software Installation The FileNET Project Lead, with the assistance of City of San Bernardino's Information Technology staff, schedules the server software installation. Release notes included on the software media; provide the latest information with respect to operating system software releases etc. required for a successful software installation/implementation. The FileNET Technical Consultant discusses various requirements with City of San Bernardino and develops a set of assumptions that the team employs as input for the implementation. City of San Bernardino will provide relevant information required to setup and configure the eProcess system modules. A member of City of San Bernardino's IT staff should have received FileNET Administration training prior to this step. This assures appropriate system configuration choices and eases support transition to City of San Bernardino. 6.2.1 Server Installation Implementation of eProcess Services includes the installation of panagon WorkFlo Services, Panagon Web Services, and a limited version of Panagon Image Services (only required if eProcess is performing transactions with Panagon Image Services documents). These services include integration with an existing 10M Content Services System4. The FileNET Technical Consultant will configure the system for eProcess Services. The FileNET Technical Consultant will perform initial testing of the system to determine if the eProcess Services software is operational. The Project Team members can use this phase as a learning process to ensure they understand the complete installation and testing process of the eProcess System. 4 FileNET requires the FileNET IDM Content Services System to be installed, configured, and fully operational prior to the commencement of these services. iC) FileNET Corporation Confidential eProcess Infrastructure Implementation Package A Services Description for City of San Bemardlno Page 12 of 19 108-R2 -+ File NET'" e 6.2.2 Security Setup The FileNET Consultant, along with City of San Bernardino's FileNET System Administrator, will define an initial user to the system, allowing them to operate the system using their own 10 and password. Client Software Installation 6.2.3 Upon successful implementation of the initial workstation, City of San Bernardino's PC Coordinator assumes responsibility for installing the remaining clients and testing the LANlWAN connectivity of the client software. 6.3 TASK 3: City of San Bernardino's Prototype System 6.3.1 6.3.2 e 6.4 6.4.1 e Load FileNET-Supplied Sample Worlcflow After the server software has been installed and configured, the FileNET- supplied sample workflow is loaded. Test Sample Worlcflow After the system is fully operational, the FileNET Technical Consultant and City of San Bernardino Project Team members will perform functional testing to ensure that all software has been correctly installed and is operating as expected. System testing is completed once the FileNET-supplied sample eProcess workflow has been run to validate the system operation. TASK 4: System Administration Security Review The FileNET Technical Consultant will discuss the security tools and strategies available to City of San Bernardino so that the System Administrator can begin to formulate and implement an evolving security mechanism and procedure. Areas of discussion include: .. The various security strategies (or methods of implementation) that the system can accommodate. . Determining the types of functions (system capabilities) that are appropriate for, or required by, users. .. Discuss the differences between security services for the operating system, eProcess Security, IDMIS Security IDMCS Security. Cl FileNET Corporation Confidential Page 13 of 19 108-R2 ePrecess Infrastructure Implementation Package A Services Description for City of San Bernardino -+- FileNETe . 6.4.2 Review Backup Methodology The FileNET Technical Consultant will review possible backup strategies This implementation does not provide for the FileNET Technical Consultant to analyze City of San Bernardino's backup objectives nor to develop the plan to meet those objectives. Routine Maintenance 6.4.3 Routine maintenance involves reviewing the daily duties of City of San Bernardino's System Administrator with respect to maintenance of the system. These are tasks that should be performed every day, and can be specific to City of San Bernardino's usage of the system and its configuration. FileNET recommends the System Administrator develop a schedule of "housekeeping. procedures and tasks to be performed. Some examples include: . Checking system services . Monitoring system usage . Checking application event log . Checking IDMCS system administration log . Starting and stopping FileNET services e 6.4.4 Problem Reporting The FileNET Technical Consultant will review troubleshooting and problem reporting procedures with the System Administrator. 6.5 TASK 5: Product Configuration Document Armed with information gathered during the Implementation, a Product Configuration Document is created. This document describes: . System components . Installation parameters . Configuration settings The FileNET Technical Consultant will provide City of San Bernardino with the Product Configuration Document as a final deliverable representing a starting point for on-going maintenance and modification of the system. 6.6 TASK 6: Project Completion e Upon completion of the Implementation, the FileNET Technical Consultant will deliver to City of San Bemardino a completed Implementation/Installation Checklist. Acknowledgment of receipt of this document, and signoff on the Implementation Acknowledgement Form, will constitute completion of this 4:) FileNET Corporation Confidential eProcess Infrastructure Implementation Package A Services Description for City of San Bernardino Page 14 of 19 108-R2 . . . -+- FileNETe project. Please refer to eProcess Infrastructure Implementationllnstallation Checklist and eProcess Infrastructure Implementation Acknowledgement Form, respectively. If issues arise, the City of San Bernardino Project Team will attempt to resolve these problems independently or with the assistance of the FileNET Response Center (FRC). FileNET will track all issues and document their resolution in an Issues Log. Any issue whose resolution requires a change will be documented in a Change Order form, a copy of which is included in this document. FileNET will forward any issue that remains unresolved after five business days to the City of San Bernardino Project Lead and the FileNET Project Lead. e FileNET Corporation Confidential eProcess Infrastructure Implementation Package A Services Description for City of San Bernardino Page 15 of 19 108-R2 e e e -+ FileNET'" During the course of the implementation effort, other tasks are sometimes identified that can be accommodated by FileNET Professional Services. These tasks are available upon request and would be priced and furnished under a separate Services Statement of Work: . Application Analysis: Assistance with business process identification and analysis that forms the basis for automated workflow design and installation. The FileNET consultant can guide discussion, share lessons learned from similar organizations, and offer recommendations for a successful workflow implementation. Deliverables include a Design Document and, if desired, actual workflows utilizing FileNET products. . Application Deployment Services involves all the execution steps required to arrive at a fully functional FileNET solution. The value of these services includes proven expertise and success in delivering: configuration and development, infrastructure installation, onsite integration, application training for both developers and end-users, client acceptance testing, and application roll-out. . Bulk Load: If a significant number of electronic documents need to be loaded into the FileNET Imaging system, Professional Services can build special bulk load processes to automate this effort and facilitate a successful starting position for the system. Bulk load software can be licensed to the customer for on-going use. . Scanning Support: If a significant number of paper documents need to be scanned and loaded into the FileNET Imaging system, Professional Services can aid in the design and execution of this process. Whether it's configuring a scanner for ad hoc work or managing a service bureau to scan thousands of documents, FileNET consultants are available to aid in this effort. . Competitive Replacement: If a significant number of documents exist in another imaging system, FileNET Professional Services offers Conversion Services. Our technical experts have developed a formalized image conversion process that includes quality assurance and detailed project management. The result is a rapid, cost-effective, and auditable transition to your new Panagon platform. . Performance Optimization: FileNET consultants can analyze your system and provide a series of recommendations on how to best tune your solution to increase its overall performance. . Capacity Planning: Our experts can assist with capacity planning to ensure your system is ready to meet the future demands of your enterprise. @ FileNET Corporation Confidential eProcess Infrastructure Implementation Package A Services Description for City of San Bernardino Page 16 of 19 108-R2 e 'e e -+ FileNETc Change Order 10: Customer Name: Project Name: Package name or Account4 Project name Originator: Emall address: Areas Affected: D Price 0 Schedule Copies to: Phone: Date Opened: o Scope Dauality D Other FileNET and City of San Bernardino representatives have agreed to the following Change Order. Description of Change Order: Brief description of reasons for change order Description of changes: Description of changes to be made File NET's Responsibilities: Description or list of FileNET's responsibilities City of San Bernardino's Responsibilities: Description or list of City of San Bernardino's responsibilities Assumptions: . x . x Cost /Impact of Change Order Hourly increase: Cost increase: Cl FileNET Corporation Confidential Page 17 of 19 108-R2 eProcess Infrastructure Implementation Package A Services Description for City of San Bernardino 1_ _ _ -+- FileNET" Approvals: The following parties have approved this Change Order. By signing this approval, City of San Bernardino indicates that it approves of these changes. FileNET Corporation City of San Bernardino By: Title: Title: Signature: Signature: Date: Date: By: Changes in an approved or established baseline (project scope, schedule, cost, quality, risk, contract administration, and communication) are considered to be one of two change classification types: Class I Changes are typically critical and require formal City of San Bernardino approval before they can be implemented. Class II Changes are those that may be implemented without prior approval by City of San Bernardino and at no additional cost to City of San Bernardino. The sequence of actions needed to identify and process changes in the project scope and schedule are: . The occurrence of an event (during implementation) that identifies a need for a change to the baseline project schedule should be immediately documented as a Change Request and communicated to the FileNET Project Manager. . As project lead, the Project Manager, is encouraged to recommend changes and alternatives as a proposed solution. These proposals may take the form of quick fixes or work-around that could be implemented immediately if concurrence is obtained from the City of San Bernardino's Project Lead. This is considered a Class II change. . The FileNET Project Manager/System Consultant, in conjunction with City of San Bernardino's Project Lead will: Investigate the problem and its effect Determine the involved software and hardware Evaluate the proposed solutions Decide upon a course of action to resolve the problem Implement change Notify Project Team of the change C> FileNET Corporation Confidential Page 18 of 19 108-R2 eProcess Infrastructure Implementation Package A Services Description for City of San Bernardino e e e -+- FileNET" .. If there is sufficient need and justification for proposing a scope or schedule change, the City of San Bernardino's Project Lead will ensure the preparation of the necessary Change Order. This is classified as a Class I change. The Change Order must include the following: A statement of requirements for the proposed changes/solutions. A summary of the facts that led to this decision. Approval signatures from City of San Bernardino's Project Lead or authorized signature, Sr. Account Executive, District Systems Manager. All changes must be documented in memo format and signed by the requester. A FileNET Project Manager will analyze these requests and generate an initial assessment as to the impact on cost and/or schedule within five business days. Project Managers can take three actions: authorize the proposed change, deny the proposed change, or request more information. @ FileNET Corporation Confidential eProcess Infrastructure Implementation Package A Services Description for City of San Bernardino Page 19 of 19 10B-R2 . . . -+- FileNET" Panagon Content Services Comprehensive Implementation A "Services Description" for City of San Bernardino Provided by FileNET Corporation January 8, 2002 . . . -+- FileNET. Proprietary Notice This document contains confidential information of FileNET Corporation, which is provided for the sole purpose of providing a Services Description. In consideration of receipt of this document, the recipient agrees to maintain such information in confidence and not to reproduce or otherwise disclose this information to any third party, without written permission from FileNET Corporation. Cl2002, FileNET Corporation. AI RIghts ReseMld. C FileNET Corporation Confidential IDMCS Comprehensive Implementation Package A Services Description for City of San Bernardino Pagel 108-R2 . . . -+- FileNET~ Table of Contents I. PROJECT SCOPE........................................................N......N............N................................................N.......... 3 1.1 INTRODUcnON ........................N................................................................................................................. 3 1.1.1 Assumptions .............................................................................. ................................................ ............ 4 1.1.2 Service Limitations.................................. .................... ..... ............................................................ ......... 4 2. IMPLEMENTATION PLAN....................................................N.........N........................................................N 5 2.1 OVERVIEW..............................................................................................................................N.................. 5 3. RESOURCES .....N.N.....................................................N..........N.............................................N.....................N. 6 4. ROLE DEFINITIONS ...N...N...N.NN...NNNNN..NNNNN....NNNN.NNN....N.......N...NNNNNNN............NNN..........NN.N... 7 S. RESPONSmlLlTIES N.NNNN....NNNNNN...N...NN.........N..NN...................NN...NNNNN.........N.....N.....N.NN............. 8 5.1 FNC's REsPONSIBILITIES ...........................................................................................................................8 5.2 FILENET's REsPONSIBILITIES ....................................... ................. .............................. .................... .......... 9 6. PROJECT TASKS AND DELlVERABLES ........................................NNN....N..NNNN.................................. 10 6.1 TASK I: KICKOFF MEETING................................................................................. .................................. 10 6.1.1 Define Project Organization and Project Team ................................................................................. 10 6.1.2 Review Project Services Description and Implementation Tasks ....................................................... 10 6.1.3 Define/Review Project Plan................................................................................................................ 10 6.1.4 Architecture Review ............................................................................................................................ II 6.2 TASK 2: DocUMENT ANAL YSISIREQUIREMENTS GATHERING ............................................................... 11 6.2.1 Document Business Processes ............................................................................................................ II 6.2.2 Document Classes............................................................................................................................... 11 6.2.3 Security Strategies/Security Access... .............. ...................... .................................. ............... ............. 12 6.2.4 Custom Properties .............................................................................................................................. 12 6.2.5 IDMCS System Planning..................................................................................................................... 13 6.3 TASK 3: DRAFT DocUMENTATION ........................................................................................................ 13 6.3.1 System Design Document Creation..................................................................................................... 13 6.4 TASK 4: SOFTWARE INSTALLATION ....................................................................................................... 14 6.4.1 Content Services Installation .............................................................................................................. 14 6. 4.2 Web Services Installation............... ..................................... ......... ................. ..................... ................. 14 6.4.3 Web Based Administration Tool Installation ...................................................................................... 14 6.4.4 Rendition Services Installation ........................................................................................................... 14 6.4.5 Client Software Installation ................................................................................................................ 15 6.5 TASK 5: FNC's PROTOTYPE SYSTEM .................................................................................................... 15 6.5.1 Initial Security Setup........................................................................................................................... 15 6.5.2 Initial Custom Properties and Document Classes Setup..................................................................... 15 6.5.3 Load Sample Documents..................................................................................................................... 15 6.5.4 Test IDMCS System............................................................................................................................. 16 6.5.5 Demonstrate System to FNC Project Team......................................................................................... 16 6.5.6 Refine System ..................................................... ...... .................. ...................... ..... ........................ ...... 16 6.6 TASK 6: CLIENT TESTING ..........................................................................,.......................................,... 16 6.7 TASK 7: SYSTEM ADMINISTRATION HANDOFF ...................................................................................... 16 6.7.1 On the Job Training............................................................................................................................ 16 6.7.2 Routine Maintenance .......................................................................................................................... 17 6.7.3 Review Backup Methodology.............................................................................................................. 17 6.7.4 Problem Reporting.............................................................................................................................. 17 6.8 TASK 8: SYSTEM DESIGN DocUMENT (FINAL) ...................................................................................... 18 6.9 TASK 9: PROJECT COMPLETION ............................................................................................................. 18 7. OPTIONS.................N.N.............NN............N...N..N.NNNNNNN.NN.N...NNNNN.NNN.NNNNNNN.NN.NNNN.......N.......N. 19 8. APPENDIX A - CHANGE ORDER ....N......N...N...N.......................................................................N............. 21 iC) FileNET Corporation Confidential IDMCS Comprehensive Implementation Package A Services Description for City of San Bernardino Page Ii 108-R2 e e e -+- FileNETe 1.1. Introduction FileNET Corporation is pleased to submit this Implementation Package to City of San Bernardino (City of San Bernardino). City of San Bernardino has requested the following services from FileNET: . FileNET Panagon Content Services Comprehensive Implementation Package. These services provide the expert resources to implement the Panagon Content Services (IDMCS) System as part of the Implementation Package. The scope of this Implementation Package is limited to support of the FileNET Panagon Content Services Comprehensive Implementation Services. It includes the implementation/installation of a Panagon Content Services server' (IDMCS and IDM Web Services), as well as a dedicated Rendition Server. This implementation includes the installation of Rendition Services and the default document "rendering" template. Should there be a requirement for Content Services Capture Implementation Services that package will also need to be purchased in conjunction with the Content Services Capture software product. A formal Change Order will be issued to manage any deviations from the scope of work described in this document. Please refer to Section 8, "Change Order" of this Services Description. FileNET education included in this implementation is as follows: . First View CBT (1 copy) . panagon IDM DesktoplWeb MBT (1 copy) . Panagon Content Services System Administrator class (1 person) . Panagon IDM Desktop Administration and Support class (1 person) Rendition Services is only covered in the Advanced Content Services System Administration class. In the Advanced Content Services System Administration course customers learn how to customize Rendition Services and create custom document "rendering" templates. , These services include 1 (one) Content Services server. Installation and configuration of any additional local or remote servers other than those included as part of this Implementation and are considered additional options. Pricing for those respective field integration/installation services will be as published in the current FileN ET price book. Cl FileNET Corporation Confidential IDMCS Comprehensive Implementation Package A Services Description for City of San Bernardino Page 3 of 23 108-R2 e e e -+- FileNET" The FileNET Project Lead will order the above CBTs/MBTs for City of San Bernardino using the Purchase Order number that contains this implementation service package. In order to register for these classes City of San Bernardino must be able to provide the Purchase Order number that contains this implementation service package. Please refer to the FileNET Global Learning Services Web site for detailed information regarding class schedules, course descriptions, ordering options, registration instructions and relevant FileNET Web site locations. 1.1.1 Assumptions The following prerequisites must be met by City of San Bernardino prior to initiation of the IDMCS Implementation Project: . Network check (verify server connectivity to network, addressing, correct protocol). . Panagon Content Services media has arrived at City of San Bernardino's facility. . City of San Bernardino should have attended the Panagon Content Services System Administrator class prior to the initiation of this Implementation. Additional resources and time for the development of "custom applications' are not included in this implementation. Travel and Living Expenses: Travel and living expenses are not included in this implementation package. All travel and living expenses (hotel, airfare, meals, etc.) incurred by FileNET traveling to City of San Bernardino's site will be billed separately to City of San Bernardino as incurred. 1.1.2 Service Limitations IDMCS Implementation Services do not include repairs, corrections or troubleshooting of performance degradation, data corruption, errors and faults that are discovered during the process due to hardware failures, non-qualified hardware or operating system. Repairs, corrections or troubleshooting of such errors and faults will be City of San Bernardino's responsibility; any FileNET involvement will be charged on a Time and Materials (T&M) basis. 10 FileNET Corporation Confidential IDMCS Comprehensive Implementation Package A Services Description for City of San Bernardino Page 4 of 23 108-R2 e e e -+ FileNET" 2.1 Overview FileNET is pleased to present this Services Description for the FileNET Panagon Content Services (IDMCS) Implementation Package to City of San Bernardino. The objective is to provide hands-on assistance to address any questions, recap key issues covered in formal training classes, and to assist in applying the knowledge gained in class to City of San Bernardino's business needs and operational requirements. The FileNET consultants will help guide City of San Bernardino on proven strategies and procedures that have been employed by other successful FileNET installations. This Implementation Package includes a set of tasks that City of San Bernardino must complete to facilitate a successful product installation and rollout. The actual duration of each task varies from customer to customer, based upon their knowledge of the products and the complexity of the IDMCS System. The resources outlined in this plan will include both the FileNET and City of San Bernardino personnel that are required to successfully install and configure the IDMCS solution. FileNET resources will be provided Monday through Friday from 8:00 a.m. to 5:00 p.m., excluding holidays and vacation time. Specific details regarding schedules will be determined prior to the project start-date. \c) FileNET Corporation Confidential IDMCS Comprehensive Implementation Package A Services Description for City of San Bernardino Page 5 of 23 108-R2 -+- FileNETe e The "Project Team" will consist of the FileNET Account Team, the City of San Bemardino resources listed below. e FileNET Account Team Resources The FileNET Project Lead coordinates the appropriate FileNET resources as required. Depending upon the scope of the project, the FileNET Project Lead function may be performed by an Implementation Project Manager (IPM), a PS Project Manager (PSPM), or a PS Systems Consultant (FileNET Consultant). Depending on the project the FileNET Team may include any of the following members: Implementation Project Manager (IPM) Professional Services Project Manager (PSPM) Professional Services Systems Consultant (FileNET Consultant) Technical Consultant (TC) Account Executive (AE) Systems Consultant (SC) District Systems Manager CSS Manager District Manager ValueNET Partner resources e City of San Bernardino Resources City of San Bemardino will need to identify intemal personnel to fill the roles of the City of San Bemardino Project Team. City of San Bemardino is responsible for selecting a Project Lead to share lead responsibilities with the FileNET Project Lead. Depending on the project the City of San Bernardino Project Team may include any of the following members: Project Lead FileNET System Administrator Web MasterlWeb Designer System Operations Coordinator PC Coordinator LAN Administrator Database Administrator Document/Records Manager Document Entry Supervisor End-User Manager End-User Specialist Application Developer C FileNET Corporation Confidential IDMCS Comprehensive Implementation Package A Services Description for City of San Bernardino Page 6 of 23 108-R2 e e e -+ FileNETe Workflow Consultant City of San Bernardino will need to identify internal personnel to fill the roles as listed in Section 3, "Resources". The following outlines the general roles for each of these individuals. Please note that additional resources may be required at various phases of the installation. Likewise, not all of the individuals will necessarily be involved in this implementation. Proiect Lead- This individual will represent City of San Bernardino resources and provide project coordination in conjunction with the FileNET Project Lead. Technical Proiect Implementation Resource (1 to 2 people)- This individual(s) will work closely with the FileNET consultant(s) during installation and configuration of the FileNET server and clients. He/she will provide technical insight into the current City of San Bernardino information systems, as required, for the installation phase. FileNET strongly recommends that this individual(s) become familiar with the FileNET products by enrolling in FileNET classes, preferably prior to project initiation. FileNET Svstem Administrator. Web MasterlWeb Desianer. or Ooerations Coordinator (1 to 3 people)- This individual(s) will learn the administration functions necessary to oversee the FileNET system, and will serve as the on- going administrator for the system. Enrolling in the panagon Content Services System Administrator class is required and should be completed in time for acceptance of the installation by City of San Bernardino. This individual(s) will work closely with the FileNET Technical consultant (TC) during installation and configuration of the FileNET server and clients. Panaaon Desktop Supervisor (1 person)- This individual will work with the FileNET consultant(s) during the onset of PC installation, and will continue the PC installation to all PC's requiring the software. Enrolling in the 10M Desktop Administration and Support class should be completed in time for acceptance of the installation by City of San Bernardino. Workflow Consultant- This individual will possess the necessary training in the use of FileNET workflow products as well as the necessary systems development background to develop the intended workflow application. C FileNET Corporation Confidential IDMCS Comprehensive Implementation Package A Services Description for City of San Bernardino Page 7 of 23 108.R2 e e e +- FileNETe 5.1 City of San Bernardino's Responsibilities In order to facilitate a successful implementation, City of San Bernardino has the responsibility to provide the following: . Hardware, software, and network configurations that meet FileNET requirements for system size and performance for the purchased software. . A Project Coordinator with sufficient authority to represent City of San Bernardino's interests and serve as the focal point for all decisions and communications to and from FileNET, as well as coordinate activities assigned to City of San Bernardino personnel. This person will be responsible for signing project-related documents. . Local system administrator(s) trained on the administration of FileNET products to be installed at City of San Bernardino. Education information is available through City of San Bernardino's FileNET Account Team and on the FileNET Global Learning Services Web site. . Local help desk personnel trained on the FileNET client products to be installed at City of San Bernardino. Education information is available through City of San Bernardino's FileNET Account Team and on the FileNET Global Learning Services Web site. . System support package in place through FileNET or a FileNET Partner to ensure on-going maintenance post-implementation. City of San Bernardino will make available all City of San Bernardino personnel required for this project in a timely manner. Any significant delays caused by City of San Bernardino personnel not being available may result in schedule delays which in turn can impact the project sufficiently to require an issuance of a Change Order to address additional or extended FileNET personnel requirements and additional costs. Please refer to Section 8, "Change Order" of this Services Description. Cl FileNET Corporation Confidential IDMCS Comprehensive Implementation Package A Services Description for City of San Bernardino Page 8 of 23 108-R2 e e e -+ FileNET" 5.2 FileNET's Responsibilities . Document analysis/requirement gathering of business rules, business processes, and security access . System Design Document . InstalllDMCS Software . Configure IDMCS Software . InstalllDM Web Services . Install Web based Administration Tool . Install Rendition Services and load the default Document "Rendering. Template . InstalllDM Desktop and 10M Toolkit (1 workstation), if purchased . Create an initial set of user/group profiles (up to 5) . Create up to 5 custom properties . Create up to 5 document classes . Test IDMCS System . Demonstrate the IDMCS System to City of San Bernardino Project Team . On the Job Training . System Administration handoff (review Routine Maintenance, Backup Methodology, Problem Reporting and Product Support Procedures) . Deliver documentation describing the FileNET server configuration . Provide City of San Implementation/Installation Checklist IDMCS Bernardino a completed C FileNET Corporation Confidential IDMCS Comprehensive Implementation Package A Services Description for City of San Bernardino Page 9 of 23 108-R2 -+ FileNET* e The Project Team will perform the following tasks. Deliverables for each task are detailed within the task descriptions. The IDMCS Comprehensive Implementation Services comprises the following tasks. 6.1 TASK 1: Kickoff Meeting The purpose of this meeting is to prepare both the City of San Bernardino team and the FileNET team for the IDMCS Comprehensive Implementation Project. Topics of discussion will include City of San Bernardino's requirements, expectations, prerequisites, and schedules. 6.1.1 Define Project Organization and Project Team The FileNET Project Lead will work with City of San Bernardino to identify the project management structure and the individuals involved in the Implementation Project. Team members represented by City of San Bernardino may include roles listed in Section 3, 'Resources'. 6.1.3 Review Project Services Description and Implementation Tasks The FileNET Project Lead will review the Implementation Services Description, the implementation tasks, roles and responsibilities with City of San Bernardino's Project Team. Define/Review Project Plan e 6.1.2 e The implementation project plan includes consultant assistance necessary to complete the implementation tasks. This implementation project plan is one of the deliverables provided to City of San Bernardino as part of the implementation process. Once selected, the implementation team works on the development of a custom project plan that best fits City of San Bernardino's implementation needs (see the sample IDMCS Comprehensive Implementation Project Plan for a starting point). The plan is designed to complete a production implementation in the shortest possible timeframe. Each task is assigned a resource(s} and a .time window based on the effort required to complete the task. Those project tasks requiring a higher level of specialized document management experience are usually assigned to the FileNET resource possessing the appropriate set of skills. City of San Bernardino members are assigned tasks that they can complete without the assistance of a FileNET consultant (for example, PC installation, Training room setup, etc.). FileNET strongly encourages the practice of joint task assignments as an excellent means of training and knowledge transfer for the team members. <<:> FileNET Corporation Confidential IDMCS Comprehensive Implementation Package A Services Description for City of San Bernardino Page 10 of23 108-R2 e e e -+ FileNETe The starting date to begin the IDMCS Comprehensive Implementation Services for City of San Bernardino will be scheduled and confirmed with the FileNET Project Lead and the assigned City of San Bernardino Project Leader. 6.1.4 Architecture Review Review FileNET software purchased, City of San Bernardino's server configuration (hardware, operating system and site specific software), FileNET specific network configuration, and City of San Bernardino's System Diagram. 6.2 TASK 2: Document Analysis/Requirements Gathering FileNET systems can be configured in a variety of ways in order to meet the requirements of a given business. An adequate configuration that meets City of San Bernardino's document management needs begins with valid business assumptions. The FileNET consultants discuss various business requirements with City of San Bernardino and develop a set of assumptions that the team employs as input for the implementation. Prior to acceptance by the Project Team, City of San Bernardino reviews these assumptions for accuracy. Should these business assumptions change, the configuration may require changes, as well, to reflect the new assumptions. The implementation package is specially designed to ask the necessary questions and guide City of San Bernardino through the design and implementation process of an IDMCS System. The FileNET Systems Consultant will perform a document analysis in regards to the customization of the FileNET document storage and index system to match the defined needs of the business utilization. Tasks include defining document classes, custom properties, and document security. The FileNET Systems Consultant will create a System Design Document with the information gathered during this analysis2. This document will be used to communicate with City of San Bernardino personnel for additional information and clarification. 6.2.1 Document Business Processes In order to begin an IDMCS Implementation Project, the FileNET Systems Consultant needs to gather information on City of San Bernardino's document usage, type, security, etc. The FileNET Systems Consultant will work with City of San Bernardino Project Team to determine the business requirements, business rules, and desired outcome for City of San Bernardino's IDMCS System. This will define how documents are stored and retrieved. 6.2.2 Document Classes 2 The FileNET Systems Consultant time required for doing the analysis and creating the design document should not exceed four (4) days. iCl FileNET Corporation Confidential IDMCS Comprehensive Implementation Package A Services Description for City of San Bernardino Page 11 of23 108-R2 +- FileNET" e At the outset of the project, the Project Team determines the types of documents to be managed within the FileNET IDMCS System. The FileNET Systems Consultant assists City of San Bernardino in collecting and recording the following information: . Types of documents specific to City of San Bernardino's business . Groups that .own" or control each document class . Document templates required for new documents in the class . Document class volumes, both existing and projected, for the next year . Indexing criteria, especially unique properties . Access control lists for each document class- who can view, change, or delete a document? . Revision and retention schedules for each document class 6.2.3 Security Strategies/Security Access e The FileNET Systems Consultant discusses the security tools and strategies available to City of San Bernardino so that the IDMCS System Administrator can begin to formulate and implement an evolving security mechanism and procedure. Areas of discussion include: . The various security strategies (or methods of implementation) that the system can accommodate and which of these are best suited to City of San Bernardino's requirements. . How to organize users into different security/access groups. . Determining the types of functions (system capabilities) that are appropriate for, or required by, users. . Determining the security types required by the business needs. . Determining which types of functions should be restricted to different classes of users/groups. . Strategies on how to protect novice users from potential problems as well as methods of giving them more freedom and flexibility once they have gained experience. 6.2.3.1 User, Groups, Roles Information gathered during this requirements gathering session regarding users, groups and roles is recorded using FileNET-provided worksheets. These worksheets may be requested prior to the kickoff meeting for customers desiring a .head start. on the implementation activities. 6.2.4 Custom Properties e CI FileNET Corporation Confidential IDMCS Comprehensive Implementation Package A Services Desaiption for City of San Bernardino Page 12 of 23 108-R2 -+- FileNETe e Each document class requires a set of properties to be defined that will uniquely categorize each document and simplify storage and search for the document in the future. Since multiple groups can share properties, this discussion is best facilitated by the FileNET Systems Consultant. Constraining user choices to a subset of property values is generally desirable, so City of San Bernardino groups must be prepared to create custom value lists as a result of this analysis. FileNET-provided worksheets guide the information gathering process. 6.2.5 IDMCS System Planning e The FileNET consultants will work with City of San Bernardino to analyze current requirements and any future expansion of the business needs to determine the most effective allocation of data partitions and service locations for the system. After developing information about volumes, data types, document usage, process flows, retention schedule requirements, and retrieval criteria, the FileNET consultants will lay out the system configuration and data partition sizes for the 10M database. Results will be entered into the system parameter files during the software installation process. Should these system planning assumptions change, the configuration may need to be resized. The results of this analysis determine the following library attributes, which in turn affect the sizing and planning of the system: . Number of Libraries . Number of Servers . Location of Property Manager . Location and number of Storage Manager(s) . Location of Libraries on the LAN to minimize LAN contention . Property Manager size . Content Manager parameters . Document Class names . Version/Retention criteria . Document security (ACLs) 6.3 TASK 3: Draft Documentation An early project deliverable is a record of the discussions to date. Though incomplete, the information contained here is used to set up the prototype system and begin the user feedback process. e 6.3.1 System Design Document Creation @ FileNET Corporation Confidential IDMCS Comprehensive Implementation Package A Services Description for City of San Bernardino Page 13 of 23 108-R2 e e e -+ FileNET"' 6.4 6.4.1 6.4.2 6.4.3 6.4.4 Armed with information gathered in the prior tasks, the FileNET Systems Consultant and Technical Consultant will build a draft System Design Document. This document describes the system components, installation parameters, configuration settings, users, groups, document classes, properties, security profiles, and all other pertinent data for a complete production system. This document is the guidebook for subsequent software installation and testing by FileNET and City of San Bernardino. TASK 4: Software Installation Content Services Installation The FileNET Technical Consultant, with the assistance of City of San Bernardino's Information Technology staff, schedules the server software installation. Release notes included on the software media; provide the latest information with respect to operating system software releases etc. required for a successful software installationlimplementation. A member of City of San Bernardino's Project Team should have received FileNET Administration training prior to this step. This assures appropriate system configuration choices and eases support transition to City of San Bernardino. This installation consists of installing the IDMCS software, which is part of the total Contents Services system offering. Using the draft system design document, the FileNET Technical Consultant configures the system according to the findings during the System Planning task. Once the system is able to accept data for storage the FileNET Technical Consultant performs testing to determine if the IDMCS System is operational. The Project Team members can use this phase as a learning process to ensure they understand the complete installation and testing process of the IDMCS System. Web Services Installation The FileNET Technical Consultant installs the IDM Web Services software and configures the system. Initial testing is performed to ensure that all systems are operational. Web Based Administration Tool Installation The FileNET Technical Consultant will install the Web based Administration Tool. Rendition Services Installation IDMCS Comprehensive Implementation Package A Services Description for City of San Bernardino Page 140123 108-R2 ~ FileNET Corporation Confidential -+- FileNETe e 6.4.5 6.5 e 6.5.1 6.5.2 6.5.3 PDF files are passed through to the client. The FileNET Consultant installs the Rendition Services software and loads the default document .rendering" template3. Initial testing is performed to ensure that all systems are operational. Client Software Installation The FileNET Technical Consultant installs the IDM Desktop software on City of San Bernardino's one client workstation (PC) in the appropriate area. The FileNET Technical Consultant installs these components directly on the client workstation. This installation and test of the client software validates the target workstation and confirms that City of San Bernardino can communicate with the appropriate IDMCS System via the LAN. City of San Bernardino members of the Project Team can use this phase as a learning process to ensure they understand the complete installation and testing process. Upon successful implementation of the initial workstation, City of San Bernardino's PC Coordinator assumes responsibility for installing the remaining clients and testing the LANNVAN connectivity of the client software. TASK 5: City of San Bernardino's Prototype System Initial Security Setup The FileNET Technical Consultant defines an initial set of user/group profiles (up to 5) based on the Document Analysis session. This will allow these users to operate the system using their own IDs and passwords. If City of San Bernardino's site is sufficiently large, bulk loading of users and groups will be discussed with the IT group. See Options Section. Initial Custom Propeities and Document Classes Setup This phase includes hands-on instruction on defining parameters of the library; the Technical Consultant will create up to 5 (five) document classes and 5 (five) custom properties for actual production documents. Once the initial documents have been placed under IDM system control, document check-in, checkout, retrieval and printing become functional. The Project Team members can use this phase as a learning process to ensure they understand the database setup, modification, and testing process of the IDMCS System. Load Sample Documents e 3 City of San Bernardino will need to create additional templates on a per document type basis. These services are available from FileNET on a Time & Materials basis. iCl FileNET Corporation Confidential Page 15 of 23 108-R2 IDMCS Comprehensive Implementation Package A Services Description for City of San Bernardino e e e -+- FileNET" Once the system has been configured, City of San Bernardino will supply a sampling of documents that represent each of the document classes identified in the system design document. These are loaded into the system, with all security privileges and custom properties denoted. 6.5.4 Test IDMCS System Once sample documents are loaded into the system, the FileNET Technical Consultant and the FileNET System Administrator will perform a set of routine business processes with the samples. Examples include: . New document creation . Document revision with new version . Document review and approval . Document access changes . Document search, copy, view and print functions 6.5.5 Demonstrate System to City of San Bernardino Project Team After the initial samples and business processes have been tested, the system is demonstrated to the City of San Bernardino Project Team. The intention is to share ideas on how to best configure the system, gather immediate feedback on issues that may have been overlooked, and solicit suggestions for system improvements. In addition, other uses for the system are often identified in such meetings, giving impetus for follow-on projects. 6.5.6 Refine System The FileNET Technical Consultant will lead the Project Team in a system refinement post mortem. If modifications to the system are identified, the FileNET Technical Consultant will mentor the City of San Bernardino System Administrator through making appropriate changes. 6.6 TASK 6: Client Testing After the system is fully operational, the City of San Bernardino Project Team will assume responsibility for Client Testing to make sure the IDMCS System is operating as expected. FileNET has defined a minimum set of test standards. .6.7 TASK 7: System Administration Handoff 6.7.1 On the Job Training Cl FileNET Corporation Confidential IDMCS Comprehensive Implementation Package A Services Description for City of San Bemardino Page 16 of 23 108-R2 -+ FileNETe e The FileNET Technical Consultant will review the IDMCS product. The FileNET Technical Consultant will reinforce topics covered in the IDMCS Learning Services course(s) included in this Implementation package. The classes should be attended prior to commencement of implementation. The intent of this session is review the configuration tasks delivered during this implementation so that the customer will be more infonned to be able to further expand their system. Topics to be reviewed are as follows: . Entering document class definitions data into the system as part of the configuration. . Entering document property definitions into the system as part of the configuration. . Entering security profile definitions data into the system as part of the configuration. 6.7.2 Routine Maintenance e Routine maintenance involves reviewing the daily duties of City of San Bernardino's System Administrator with respect to maintenance of the system. These are tasks that should be performed every day, and can be specific to City of San Bernardino's usage of the system and its configuration. FileNET recommends that the System Administrator develop a schedule of "housekeeping" procedures and tasks to be perfonned. Some examples include: . Checking system services . Monitoring system usage . Initiating IDMCS system backup preparation . Checking the event log . Checking IDMCS system administration log . Checking the amount of free space on all shelves 6.7.3 Review Backup Methodology The FileNET Technical Consultant will review possible backup strategies This implementation does not provide for the FileNET Technical Consultant to analyze City of San Bernardino's backup objectives nor to develop the plan to meet those objectives. 6.7.4 Problem Reporting The FileNET Technical Consultant will review troubleshooting and problem reporting procedures with the System Administrator. e iC) FileNET Corporation Confidential IDMCS Comprehensive Implementation Package A Services Description for City of San Bernardino Page 17 of 23 108-R2 -+- FileNETe e 6.8 TASK 8: System Design Document (Final) As City of San Bernardino tests the system, the FileNET Technical Consultant will provide City of San Bernardino with the updated System Design Document (including the System Configuration information) as a final deliverable. This document incorporates all of the user comments and represents a starting point for on-going maintenance and modification of the system. 6.9 TASK 9: Project Completion Upon completion of the Implementation, the FileNET Technical Consultant will deliver to City of San Bernardino a completed Implementation/Installation Checklist. Acknowledgment of receipt of this document, and signoff on the Implementation Acknowledgement Form, will constitute completion of this project. Please refer to Panagon Content Services Implementation/Installation Checklist and Panagon Content Services Implementation Acknowledgement Form, respectively. If issues arise, City of San Bernardino Project Team will attempt to resolve these problems independently or with the assistance of the FileNET Response Center (FRC). e FileNET will track all issues and document their resolution in an Issues Log. Any issue whose resolution requires a change will be documented in a Change Order form, a copy of which is included in this document. FileNET will forward any issue that remains unresolved after five business days to City of San Bernardino Project Lead and the FileNET Project Lead. e Cl FileNET Corporation Confidential IDMCS Comprehensive implementation Package A Services Description for City of San Bernardino Page 18 of 23 108-R2 e e e -+- FileNET" During the course of the implementation effort, other tasks are sometimes identified that can be accommodated by FileNET Professional Services. These tasks are available upon request and would be priced and furnished under a separate Services Statement of Work: . Application Analysis: Assistance with business process identification and analysis that forms the basis for automated workflow design and installation. The FileNET consultant can guide discussion, share lessons learned from similar organizations, and offer recommendations for a successful workflow implementation. Deliverables include a Design Document and, if desired, actual workflows utilizing FileNET products. . Application Deployment Services involves all the execution steps required to arrive at a fully functional FileNET solution. The value of these services includes proven expertise and success in delivering: configuration and development, infrastructure installation, onsite integration, application training for developers and end-users, client acceptance testing, and application rollout. . Bulk Load: If a significant number of electronic documents need to be loaded into the FileNET Imaging system, Professional Services can build special bulk load processes to automate this effort and facilitate a successful starting position for the system. Bulk load software can be licensed to the customer for on-going use. . Scanning Support: If a significant number of paper documents need to be scanned and loaded into the FileNET Imaging system, Professional Services can aid in the design and execution of this process. Whether it's configuring a scanner for ad hoc work or managing a service bureau to scan thousands of documents, FileNET consultants are available to aid in this effort. . Competitive Replacement: If a significant number of documents exist in another imaging system, FileNET Professional Services offers Conversion Services. Our technical experts have developed a formalized image conversion process that includes quality assurance and detailed project management. The result is a rapid, cost-effective, and auditable transition to your new Panagon platform. . Performance Optimization: FileNET consultants can analyze your system and provide a series of recommendations on how to best tune your solution to increase its overall performance. . Capacity Planning: Our experts can assist with capacity planning to ensure your system is ready to meet the future demands of your enterprise. Cl FileNET Corporation Confidential IOMCS Comprehensive Implementation Package A Services Description for City of San Bernardino Page 19 of 23 108-R2 ,----:-- e e e -+- FileNET" . Replication Services and/or Remote Storage Manager/Site options may be included for an additional fee. These are not covered by this package due to the additional amount of analysis, design time and setup time required. . Customer Specific Rendition Templates may be included for an additional fee. These are not covered by this package due to the additional amount of analysis, design time, and setup time required. CI FileNET Corporation Confidential IDMCS Comprehensive Implementation Package A Services Description for City of San Bernardino Page 20 of 23 108-R2 e e e -+- FileNETe Change Order 10: Customer Name: Project Name: Package name or Account4 Project name Originator: Email address: Areas Affected: D Price 0 Schedule Copies to: Phone: Date Opened: o Scope Oauality D Other FileNET and City of San Bernardino representatives have agreed to the following Change Order. Description of Change Order: Brief description of reasons for change order Description of changes: Description of changes to be made FileNET's Responsibilities: Description or list of FileNET's responsibilities City of San Bernardino's Responsibilities: Description or list of City of San Bernardino's responsibilities Assumptions: . x . x Cost Ilmpact of Change Order Hourly increase: Cost increase: Cl FileNET Corporation Confidential Page 21 of 23 108-R2 IDMCS Comprehensive Implementation Package A Services Description for City of San Bernardino e e e -+- FileNET" Approvals: The following parties have approved this Change Order. By signing this approval, City of San Bernardino indicates that it approves of these changes. FileNET Corporation City of San Bernardino By: By: Title: Title: Signature: Signature: Date: Date: Changes in an approved or established baseline (project scope, schedule, cost, quality, risk, contract administration, and communication) are considered to be one of two change classification types: Class I Changes are typically critical and require formal City of San Bernardino approval before they can be implemented. Class II Changes are those that may be implemented without prior approval by City of San Bernardino and at no additional cost to City of San Bernardino. The sequence of actions needed to identify and process changes in the project scope and schedule are: . The occurrence of an event (during implementation) that identifies a need for a change to the baseline project schedule should be immediately documented as a Change Request and communicated to the FileNET Project Manager. . As project lead, the Project Manager, is encouraged to recommend changes and alternatives as a proposed solution. These proposals may take the form of quick fixes or work-around that could be implemented immediately if concurrence is obtained from the City of San Bernardino's Project Lead. This is considered a Class II change. . The FileNET Project Manager/System Consultant. in conjunction with City of San Bernardino's Project Lead will: Investigate the problem and its effect Determine the involved software and hardware Evaluate the proposed solutions Decide upon a course of action to resolve the problem Implement change Notify Project Team of the change Cl FileNET Corporation Confidential IDMCS Comprehensive Implementation Package A Services Description for City of San Bernardino Page 22 of 23 108-R2 e e e +- FileNET" . If there is sufficient need and justification for proposing a scope or schedule change, the City of San Bernardino's Project Lead will ensure the preparation of the necessary Change Order. This is classified as a Class I change. The Change Order must include the following: A statement of requirements for the proposed changes/solutions. A summary of the facts that led to this decision. Approval signatures from City of San Bernardino's Project Lead or authorized signature, Sr. Account Executive, District Systems Manager. All changes must be documented in memo format and signed by the requester. A FileNET Project Manager will analyze these requests and generate an initial assessment as to the impact on cost and/or schedule within five business days. Project Managers can take three actions: authorize the proposed change, deny the proposed change, or request more information. c) FileNET Corporation Confidential IDMCS Comprehensive Implementation Package A Services Description for City of San Bernardino Page 23 of 23 1Q8-R2 e 1.1 If. l Uj3 Ii i il~."i. '~iil !~ i II IH h ! ~ il II! ~f Ii" th p ~ H lillftH~ i~ g,J!H~ H ;< ill i1i ~i ~ P ~ h ~ if ~gf~ni ~iil i Z ~I H ~ ~! g: u~ ~~ ~ ~.. !I g [ 0'" g> ~~ I ~i i i ~ ~~ It ~~ il ~ ~ Ii ~ it;! ii! 1f;1. ~3' 9. NIX "2.: 6- ~~. if ~~ ~~!J U ~ a;g, 3~~ :fa a Hh ~~ j u n Ii Ii Sl. IS i g liT nJuH ~11 ii;-" U lid H fi i~ ~~ H li~ ~; ~i -~. ~ll' -~ [; ~g H ir ! H ~t IS ~ ~ t;\' Ii 3 ~ a. ~ ,[. a 3 I~ g ~ g~. "I 1 J Ii" ? e e ll'''ll' Ul fa~ H [[I iil ~ ~fUl Ii: I! i i g ~ ,,- ~ c Ii .~ '" ~ i D I ~ ~ '" '" -I:! r:;;.",!!l J!l ~ ~m....,..... ....a "''"g ...'" WUl . 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Software Sales Ag.......nt December 6. 1999 Pag.10f6 01/11102 City of San Bemardino Police Department 710 North D Street San Bemardino, CA 92401 DPS Software Systems System Sales Agreement This sales agreement by and between DPS Software Systems. a corporation, having its principle place of business at 924 E Green Street, Pasadena, CA 91106, hereinafter referred to as "Seller", and the City of San Bemardino having its principle place of business at 710 North D Street, San Bemardino, CA 92401 hereinafter referred to as "Buyer", declares that for mutual consideration contained in this agreement, the parties agree as follows: SECTION ONE Based on the information fumished by Buyer, Seller recommends the computer system (computer hardware and operating system software) found in SECTION TWO, the application software (programs) found in SECTION THREE, and the services, training, and support found in SECTION FOUR. SECTION TWO - COMPUTER SYSTEM SPECIFICATIONS The computer system components included in this agreement are speCifically defined as follows: Kodak Scanner 3500 HP Optical Jukebox -1200 Computer hardware - Servers, Workstations, Monitors to be provided by the Buyer. The following minimum specifications apply: Capture Workstations: Pentium II, 300 128MB RAM, 200MB Free Disk Space Windows 98, 2000, ME Available PCI Slot (Full) Server: (Optical Storage System) Windows 2000 SP1 or NT 4.0 SP6 Pentium 450MHhz or Higher, 256 MB RAM Hard Drive Formatted NTFS. Available PCI Slot; SECTION THREE -APPLICATION SOFTWARE SPECIFICATIONS . Software Sales Agreement December 6. 1999 Page 2 of6 The application software included in this agreement is specifically defined as follows (see Addendum A for breakdown of pricing for each software component): . KOfax ascent Capture Subsystem and Content Services Release Scripts . OTG Disk Extender Optical Library Management Software. DPS is an authorized reseller for each of the above software products; each is subject to the manufacturers standard licensing and warranty terms. SECTION FOUR - SERVICES/SUPPORT SPECIFICATIONS Seller will provide the following types of support services as a part of this Sales Agreement: Installation services, which include the following: . Installation and configuration of all application software on the system Configuring OTG Diskexlender Software and Kofax Ascent Capture modules based on information provided by the Buyer. On-site services including Installation, system configuration, testing and training. (Training by Seller will be limited to primary system users and/or trainers within Buyer's corporation). Additional Services include Batch Class Definitions, Setup and configurations according to Buyers specifications. Providing basic system administration and operation training at a specified time Buyer will designate one individual as a liaison with the assigned Project Manager. Additional training over and above the number of hours included in the purchase of the system is available. . . . . . . Training and Education Services: . Kofax Ascent Administrative Training is to be provided by Kofax Image Products at their facilities in Irvine California. This training is intended to provide system administrators a sufficient overview to manage and supportlheir capture subsystem. Classes are provided per student as specified on the allached Exhibit "A". Project Management: . Seller will provide a project management service during the installation phase. This service includes the following: e Soflware Sales Agreement December 6. 1999 Page 3 of 6 . A review of pre-installation requirements. . Acting as oversight to ensure Buyer's requirements are addressed. . Coordinating with any subcontractors for work accomplishment. . Facilitating communications between Buyer's management and project team, as necessary. . Reporting of project activities as agreed upon. SECTION FIVE - WARRANTIES Application Software Warranty: Buyer will inspect and approve all software components prior to installation on the Buyer's system. Manufacturer lists warranties for each software component below: DPS Software Systems: DPS Software Systems guarantees and warrants its software for 90 days from the date of installation and that: (i) e (ii) (iii) (iv) Software furnished shall be free from known defects and will conform to the product description furnished; Buyer's proposed use of the Software will not violate the rights of any third party; Seller is the owner of all the rights in the software except the "pre-packaged" software by Seller for Buyer from other vendors. which Seller has the legal right to license as part of the software; Seller will deliver in a virus free fashion with no known viruses. Buyer recognizes and understands that the software will be free of viruses following installation at the designated sites and that Buyer will be responsible for implementing all subsequent necessary and proper procedures for safeguarding against viruses. Exclusions to the software warranty: a) Any modifications made to the programs by any individual other than a DPS Software Systems' Inc. employee or contractor. b) Any damage caused by failure to continually provide a suitable environment, including, but not limited to, adequate electrical power, proper temperature range, or damage to the hardware. c) Any damage caused by failure on Buyer's part to heed recommendations or suggestions relating to the use of the software, either in technical literature or in response to a specific recommendation. d) Seller does not warrant any "pre-packaged" software purchased by Seller for Buyer from other vendors. Seller will pass on any warranty provided by other vendors to you. e) Any damage caused by any individual other than a DPS Software Systems' Inc. employee The warranty period can be extended via a Software Support plan, e e e e Softwa... Sales Agreement Pego 4 of 6 December 6. 1999 including updates and enhancements as released. Installation and training on those updates are available at the current rates. Hardware Warranty: No warranties other than the original manufacturers stated warranties are offered or implied on any and all hardware or software purchased by the Buyer through the Seller under this agreement. It is the primary responsibility of the Buyer to resolve warranty issues with the original equipment manufacturer Limitations of Warranties: Buyer agrees that Seller's liability for damages shall not include any damages for lost profits, for consequential or special damages or for any claim or demand against Buyer by any other party except a claim for patent or copyright infringement. This limitation will apply even if Seller has been advised of the possibility of such damages. Miscellaneous: Seller reserves the right to suspend services, on-going work, to refuse to deliver, or to repossess the hardware and/or software due to non-payment of delivered and accepted goods and services. Buyer will provide Seller with data outside existing system data for conversion. Buyer will certify in advance of any data conversion that a complete and restorable backup of all data has been performed. Title: Title to the products shall pass to Buyer upon delivery by Seller, subject to a purchase money security interest retained by Seller in the products sold, and the proceeds thereof, until payment of the full purchase price to Seller. Buyer agrees to execute financing statements or other documents, as Seller deems necessary to protect its security interest. Buyer shall bear the risk of damage from fire, elements, or otherwise, from such time as the system has been delivered. SECTION SIX- REMEDIES If, in the event that a situation arises that would constitute default by either party, other than non-payment by the Buyer, then this agreement will be considered in default. In addition to non-payment, the Agreement also ties default to the non-attainment of specific project milestones as outlined in this document or a detailed by a Scope of Work, within reasonable time margins (10%) and allowing for reasonable amounts of time (15 days) to rectify the default. The challenge here is to determine who caused the delay. If either party to this agreement challenges this section and does so in writing to the other party; then both the Buyer and the Seller further agree to an escalation process once an impasse is reached. Any controversy or claim arising out of, or relating to this contract or the breach thereof, after said escalation process the conflict shall be settled by arbitration in accordance with the Uniform Rules for Better Business Bureau Arbitration, and the judgment upon the award tendered by the Arbitrator(s) may be entered in any Court having ,jurisdiction thereof. Initial: Date: . Software Sales Ag.......nt December 6. 1999 Pag.S of6 SECTION SEVEN - INSTALLATION Upon receipt of an authorized agreement, Seller will begin steps leading to a complete installation in Buyer's business. The installation period is defined as the period of time from the authorization of the Sales Agreement to the completion of all training and installation of hardware and software on the Buyer's premises as specified herein. This period may range from 3 to 8 weeks but may be extended due to revisions to this Sales Agreement requested by Buyer. The time necessary to accomplish complete installation is also affected by the manufacturer's equipment inventory at the time the order is placed and Seller's ability to schedule mutually agreeable training dates and times. It is understood that the cooperation and best efforts of Buyer are required in order to meet this schedule. Buyer will supply Seller with floor plans or description of the area where all equipment is to be installed. Buyer is also responsible for site preparation including, but not limited to, electrical outlets and cleared floor or counter areas for placement of equipment. Seller will provide required cable as specified. IT WILL BE BUYER'S RESPONSIBILITY HOWEVER, TO LAY CABLE REQUIRING CONCEALMENT OR ATTACHMENT TO REAL PROPERTY. Seller will provide assistance in planning for data conversion to the computer system. In most cases hardware and software will be installed and tested simultaneously. Billing for products and services will be as follows: . Software and Hardware -Invoiced NET 30 Days from the date of delivery. Installation, Training and Consulting Services - NET 30 Days from Completion of Services. SECTION EIGHT - AGREEMENT IN WHOLE This writing (together with any individually signed separate service agreements, software license agreements pertaining to this agreement) is intended by the parties as the final expression of their agreement with respect to the subject matter contained herein and also as the complete and exclusive statement of the terms of such agreement, notwithstanding any prior, contemporaneous or subsequent representations, oral or otherwise, purchase orders or other document relating to said subject matter. There is no course of dealing or usage of the trade that would supplement or conflict with its terms. This agreement may only be amended in writing authorized by both parties. Seller will defend at its own expense any suit or proceedings brought against Buyer based on a claim that any hardware or software product provided by Seller constitutes an infringement of any patent or copyright of the United States or Canada, provided that Seller is notified promptly in writing and given full and complete authority, information and assistance from Buyer for the defense of same. If such hardware or software product is held to constitute infringement and its use in enjoined Seller may, at its election and expense, obtain for Buyer the right to continue using such hardware or software product, modify the same so that it is not infringing, or remove the same and grant Buyer a credit therefore. SECTION NINE - GENERAL . The proposed software programs will be prepared for the exclusive use of Buyer or subsequent purchasers of . . . Software Sa'" Agreement DecamberS.1999 Page 6 of6 Buyer and/or this computer system. Their use by other companies or individuals without prior, written consent of Seller is strictly prohibited. Ownership and title to all software supplied by Seller to Buyer under this contract shall remain with Seller or if Seller is not the manufacturer, in accordance with the terms of the manufacturer's software license. Seller grants to Buyer a license to use the software and the programs contained therein. Buyer agrees to execute any reasonable necessary licensing agreements for the software. Any information conceming Buyer's intemal operations or Buyer's customers that is not a matter of public record shall be regarded as confidential and proprietary, and will be safeguarded by Seller with the same degree of care that is accorded to Seller's own proprietary information. After acceptance of this agreement by Seller, a project manager will be assigned to this agreement and will contact Buyer to begin making arrangements for training and installation. Offered by: Date: David P. Scheidler, President DPS Software Systems, Inc. Accepted by: Date: . . . City of San .emordlno IB .Addendum -A- ... ...-- __nt Kofu AKent c.pturt 200K ScIn Station Kofu AKent C.pturtlK ScIn LicenH. 3 Pack Kofu Mcenl WoItcatallon - J PItt $ $ $ 7,032.00 $ 2.108.00 $ 5,on.00 $ ... .... ..... Kodak SAnne,. Kodak 35000 Sellnnlr 1700 S Adrln_Une Kodak 110 Duplex Sclnn.r Adlptec. 2NO Adapter and Cable Kits Cable SCSI 3 . SCSI. 3 Hewlett Pacbnf . Jukebox.. HP 1200 0pticII1 Jukebox 4on- -IndudesAdlptecCGnlnlllll'andtlFlSCSlcallle $ 15,110.00 S $ 2.357.00 $ $ 2,478.00 $ $ 275.00 $ $ 86.25 S 01122J2OO2 - 14,064.00 2,108.00 5,077.00 11~.00 "'. 30,220.00 4,7'''.00 9,912.00 1,100.00 86.25 32,640.00 n- o. ... ..... .... Imp""'.ntlltlon end Support Installation and ConfllllW1ltlon 3 Stations. 1 Scan $ 6,000.00 $ 6,000.00 1rlI::luDa&tltlGn&elup, ~inlII.-.uon. CGnflgIntion InllTIIlIting of System. Pan.gonReIe_ SC:rIpt OlIl1fIglntlon.Balc:MlminlItnIarn....tnIlnlng. Fonn Setup per form $ 300.00 S 1,500.00 Ko'ax EdUClltlon Seme.. - Balte Admlnlltl'lltlon Per Student $ 1,495.00 S 2,990.00 a-llIldlnkYine,CA orG Support I Level DllkExtender" $ 3,040.00 $ 3,040.00 TotIl HardwiN & SottwII,. (TlXIible).................... Sale, Tax.................... Sh'pping Charg...................... $ 111,714.25 S 9.220.55 ,..,""""" System Inv..bnenL.......................................................................................................................................... S 1341,514.80 .......: - 0T0.........~.....11AwlIU-- - ........~_.........-a. --, HP'.1 GlB 0pIlcII..... WORM $ 98.00 .... T....: SI8lldIId....... NET 31M) SIIIppng a.v-.. Pra"''''Add. UI.....opIlon~on....-ov..ofcna ..............IUIlfecIIo......,'IWIdorL ,......2D'l'.......... ~wItI"NIurMd ~...~.AlNIumI_1UIIIKI ~-- II""" . . '.~ . CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: February 27,2002 TO: Mike Eckley, Public Safety Systems Manager FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2002-53 At the Mayor and Common Council meeting of February 19, 2002, the City of San Bernardino adopted Resolution 2002-53 - Resolution authorizing the purchase of a replacement document imaging system for the Police Department. Attached is one (1) original agreement. Please obtain signatures in the appropriate locations and return the original agreement to the City Clerk's Office as soon as possible, to my attention. Please be advised that the resolution and agreement will be null and void if not executed within 120 days, or by June 19, 2002. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Michelle Taylor Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Signed:/(rn 'X/~~ . .5( . /j /'-7 /J /) J Please sIgn and return Date: -0\' I -(/OC/ ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): J - \ C'\ - 0 ;;L Item # Vote: Ayes r C; I 'i Nays :e-. Change to motion to amend original documents: I ~ Resolution # 1..00 l- S-:3 Abstain.er Absent ~ Reso. # On Attachments: --"--- Contract term: - Note on Resolution of Attachment stored separately: --=- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: ;) - d (:,."{) ;). Date of Mayor's Signature: ;} - a CJ-O ? Date of ClerklCDC Signature: {}- d \ -0 ;). NullNoidAfler: \'70 OA~i-Jh-I"1-0;;L I . By: Reso. Log Updated: ./ Seal Impressed: ,/' Date Memo/Letter Sent for Signature: ;), - d 1'\-0 ;;;. 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: /' Date Returned: See Attached: See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3}85, 8234, 655, 92-389): Copies Distributed to: City Attorney (' Parks & Rec. Code Compliance Dev. Services Police v' Public Services Water Notes: YesL Yes Yes Yes Yes No No -.L No~ No V Nor By By By By By_ EDA Finance ,/ MIS Others: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.) Ready to File: (ry( Date: !) -{ Ii):r Revised 01112/01