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HomeMy WebLinkAbout19-Police Department CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lee Dean, Chief of Police Subject: Resolution of the City of San Bernardino Authorizing the Execution of a Contract in the Amount of $391,207 With ICI Solutions of Chandler, Arizona to Provide Upgraded Hardware and Replacement Software for the Police Department's Document Imaging System Dept: Police Department Date: October 2, 2001 0 r:: : : : : ~ L Synopsis of Previous Council Action None. Recommended Motion: Adopt resolution. LfJ!JJ~ MICHAEL BILLDT, ASSISTANT CHIEF OF POLICE Contact person: Captain Robert Curtis Public Safety Programmer Michael Eckley Phone: 384-5606 374-5673 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: $391,207 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 - FY 01/01 Software maintenance funds, Account #679-251-5172 Finance Council Notes: 'PFN"l*?("!::\\ -3s ( Agenda Item No. 19 11/"/0) CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution of the City of San Bernardino authorizing execution of a contract in the amount of $391,207 with ICI Solutions of Chandler, Arizona to provide upgraded hardware and replacement software for the Police Department's document imaging system. BACKGROUND In FY '95/96, the police department purchased a VisiFLOW document imaging system from Exigen Systems (formerly Datamax Technologies of Culver City). This system electronically stores all documents associated with the police department's crime reports, traffic accident reports, traffic citations and "field interview cards." This electronic filing cabinet allows the police department to store vast amounts of data in a small storage space and allows for the almost immediate dissemination and access to the documents throughout the department. The Information Systems Department has identified the following major operational and technological issues concerning the VisiFLOW system. These issues need to be resolved to ensure the uninterrupted operation of a document imaging system and to support the department's realignment. The issues are: . The Hitachi jukebox, or storage system, is out of production and no longer supported by a maintenance agreement. All maintenance and upkeep is completed on a costly time and materials basis. Acquiring replacement parts is becoming difficult. The jukebox was purchased in 1996 and went out of production in 1999. . The optical storage platters are no longer in production and are not readily available for purchase, The IS Department estimates that the remaining stock of unused platters will be sufficient to store department records through December 31, 200 I. . The annual maintenance contract for the VisiFLOW software is expensive when compared with other vendors. For FY '01/02, the cost is $64,400. Exigen Systems has told us that they consider their maintenance "under priced" and that commencing in FY '02/03, we should prepare for a large increase in this fee. . VisiFLOW is a "thick-client" software system that stores the executable programming files on the master document-imaging computer (server) at the Police Department as opposed to individual computers. Newer document imaging systems use "thin-client" technology and Intranet based "web browsers," greatly reducing access delays. . Thick-client technology prevents the timely access to the document imaging system at the police department's community service offices and Narcotics off-site facilities. Rapid access is critical to support the department's realignment and essential to problem solving activities. The IS and Police Departments prepared minimum specifications for the replacement document imaging system. The specifications include: . . A stand-alone system that meets all Department of Justice mandates to safeguard and limit access to crime and suspect data. . A system that uses thin-client technology to reduce access time at remote sites. . A vendor with a proven track record of implementation and long-term presence in the document imaging field. . A system that is MS Windows based and uses a relational database for storage. . Software that stores documents as non-propriety "TIFF" images to allow an interface with the Sheriffs Office and District Attorney's Office imaging systems without requiring a custom designed software interface. . Software that fully integrates with the City's existing e-mail exchange servers. . A system that has flexible and expandable jukebox and workflow (document distribution) capabilities. . A system that has dynamic workflow that can be easily changed by authorized users as needed without requiring modifications by the vendor at additional cost. Exigen Systems is unable to provide replacement software that meets the minimum specifications required by the police department. In preparation of purchasing a replacement system, the IS Department elected not to renew the VisiFLOW annual maintenance contract for FY 01/02. In response Exigen has refused to perform any maintenance on the current system unless the annual maintenance contract is renewed. 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. 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 Sheriff s Department. FileNET placed the police department in contact with ICI Solutions of Chandler, Arizona, which is a FileNET certified reseller. ICI Solutions has offered to provide a "turn key" operation consisting of all upgraded hardware, FileNET software, installation, and training at or below the WSCA (Western States Contract Alliance) pre-negotiated pricing in return for the police department serving as a "show site" for law enforcement agencies in Southern California. The department requests an exemption to the formal bid process, pursuant to Section 3.04.070 (I) (I) of the San Bernardino Municipal Code, entitled "Negotiated Purchases." The FileNET system meets or exceeds all minimum specifications required by the police department and meets their current and future document imaging needs. The cost of the < replacement system is estimated at $391,206.90 (including sales tax), broken down into the following components. Document imaging hardware Document imaging software Design/configuration, integration and installation Supplies and training Sales tax @ 7.75% Shipping Total $ 86,996.43 125,940.54 102,810.00 52,685.50 19,174.43 3.600.00 $391,206.90 FINANCIAL IMPACT The following budgeted funds to cover the projected cost of upgrade hardware and replacement software for the police department's document imaging system. Amount Account Number Source $104,574 $221,895 $64,738 123-581-5702 123-583-5702 679-251-5172 FY 00/01 Local Law Enforcement Block Grant FY 01/02 Local Law Enforcement Block Grant VisiFLOW software maintenance funds Implementation of a FileNET system will cause a recurring General Fund savings of $43,000 commencing in FY 02/03 as the result of the reduced cost of software maintenance. FileNET software maintenance will cost $27,000 annually as compared to $70,000 (the minimum estimated annual cost) for Exigen software maintenance. RECOMMENDATION Adopt resolution. - t ',,- c r '- 20 III 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT IN THE AMOUNT OF $391,207 WITH ICI SOLUTIONS OF CHANDLER, ARIZONA TO PROVIDE UPGRADED HARDWARE AND REPLACEMENT SOFTWARE FOR THE POLICE DEPARTMENT'S DOCUMENT IMAGING SYSTEM. SECTION 1: The Mayor and Common Council of the City of San Bernardino hereby authorize the Mayor to execute a contract in the amount of $391,207 with ICI Solutions of Chandler, Arizona to provide upgraded hardware and replacement software for the Police Department's document imaging system. SECTION 2: The authorization to execute the above mentioned contract is rescinded if not signed within 120 days of the passage of this resolution. III III III III III III III III -# /1 /1 Iq;0/ c c 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c 1 2 3 4 5 6 7 RESOLUTION OF THE CITY OF' SAN BERNARDINO AUTHORIZING THE EXECUTION A CONTRACT IN THE AMOUNT OF $391,207 WITH ICI SOLUTIONS OF CHANDLER, ARIZONA TO PROVIDE UPGRADED HARDWARE AND REPLACEMENT SOFTWARE FOR THE POLICE DEPARTMENT'S DOCUMENT IMAGING SYSTEM. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on 8 the day of ,2001, by the following vote, to wit: 9 10 11 Council Members Abstain Absent Ayg Nays ESTRADA 12 LIEN 13 McGINNIS SCHNETZ SUAREZ ANDERSON McCAMMACK City Clerk The foregoing resolution is hereby approved this _ day of ,2001. Judith Valles, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman, City Attorney Bet- 7-. e~ c c c PURCHASE, LICENSE AND SERVICE AGREEMENT by and between ICI Solutions. and City of San Bernardino AGREEMENT NUMBER: THIS PURCHASE, LICENSE AND SERVICE AGREEMENT ("Agreement") is entered into by and between City of San Bernardino Police ("Client"), having principal offices at 300 North "0" Street, San Bernardino, CA 92418-0001 and ICI Solutions, ("the Company"), a California Corporation, SCOPE This Agreement sets forth the terms and conditions upon which the Company will provide to Client the equipment (the "Equipment"), software ("Software") and services (the "Services") more fully described on Schedule A (collectively, the "Project"). Unless otherwise agreed to in writing by Client and the Company, if any printed term or condition contained in any purchase order or other form used by Client to order (products or services) pursuant to this Agreement, or in any acknowledgment or other form used by Client is inconsistent with any term or condition contained herein, the provisions hereof shall apply and take precedence. NOW, THEREFORE, the parties hereby agree as follows: 1. Affiliates. All references to Client in this Agreement, unless specified otherwise, shall include Client, or any affiliate or subsidiary of that organization, 2. Orders. Orders ("Orders") for Equipment, Software, or Services must be in writing and shall specify a purchase order number, the Equipment, Software or Services to ICI SOLUTIONS PLSA 8101 Confidential -1- 11/18101 r--- '- be purchased or licensed, the quantities, and the desired delivery location. Orders will be subject to acceptance by the Company. Concurrently herewith, the Client has delivered to the Company, and the Company has accepted an Order for the Project. c 3. Description and Terms, This Agreement establishes the basic terms pu.rsuant to which the Company shall provide the Equipment, Software and Services to Client. These terms and conditions can only be varied in writing signed by both parties. a) Prices. Prices for Equipment and Software shall be the prices specified in Schedule A attached hereto and incorporated herein by reference. b) Descriptions of services shall be specified in the Statement of Work in Schedule B attached hereto and incorporated herein by reference. c) Prices for Support Services are described in Schedule C attached hereto and incorporated herein by reference. d) The general terms and conditions for Maintenance Services are specified in Schedule D attached hereto and incorporated herein by reference. e) Prices are exclusive of sales tax that the Company will itemize separately and Client shall pay. Unless otherwise specified on Schedule B, prices for Equipment and Software will be exclusive of delivery and installation charges, Unless otherwise specified on Schedule B, prices for professional services will be exclusive of travel and travel related expenses. f) The Milestone and Payment schedule are included in the SOW in Schedule B. 4. Deliverv. Title and Risk of Loss. Upon Acceptance by the Client at the OIC, the Company shall ship the Equipment and Software to Client's location, where the Company will install the System. All Equipment and Software shall be considered delivered to the Client, FOB origin at OIC, upon transfer to either a common carrier or the Client. The Company will ship all Equipment and Software (transportation prepaid) and will then invoice the Client separately for related transportation costs. In the absence of prior shipping instructions, the Company will select the carrier on behalf of the Client, but shall not assume any liability for shipment, nor shall the carrier be construed to be an agent of the Company. Risk of loss for all Equipment and Software shall pass to customer upon delivery by the Company to the carrier. Title to the Equipment and Software shall pass upon receipt of payment in full. 5. Pavments. Client shall pay the price for the Equipment, Software or Services within ten (10) days of each invoice date, the timing of which is described on Schedule B hereto. All payments must reference the Client Number shown at the top of this Agreement and must be sent to the address specified on the invoice. 6. Late charges may be charged at one and one-half percent (1%%) per month (18 percent per annum), or the maximum legal rate if lower, on all amounts not paid by the due date of invoice. The assessment and acceptance of any late charge shall not be construed as a waiver by the Company of its rights with respect to the default c ICI SOLUTIONS PLSA 8101 Confidential -2- 11/16101 r '- giving rise to such payment, and shall not affect any of the Company's rights under this Agreement or its remedies at law. c ,-. "- 7. Installation. Client shall have the installation site prepared prior to the scheduled installation date or the arrival of the Company personnel, including all power supplies and other environmental requirements to enable the Equipment. 8. Documentation. For each item of Equipment or Software acquired, the Company shall supply Client with one set of documentation the Company normally furnishes with that Equipment or Software. Client may make copies of all documentation for Client's internal use as limited by law. 9. Software License. Client acknowledges that the Software will be licensed or sublicensed as appropriate to Client by The Company ("ICI") pursuant to the Software License Agreement attached as Schedule E. The parties acknowledge that ICl Solutions is a third party beneficiary hereof. 9. Warrantv, a) Eauioment. Client acknowledges that the Company hereby passes through to Client all applicable manufacturers' warranties for the Equipment. b) Software and Firmware Products. Client acknowledges that the Company hereby passes through to Client all applicable Software manufacturers' warranties for said Software or firmware. Additional warranties of ICI are set forth in the License Agreement. c) Limitation of Warrantv. The foregoing warranties shall not apply to defects resulting from (1) improper maintenance by Client or any third party, or (2) unauthorized modification or misuse by Client or any third party. THIS LIMITATION OF WARRANTY INCLUDES, BUT IS NOT LIMITED TO, A DISCLAIMER OF ANY LIABILITY ARISING FROM "YEAR 2000" ("Y2K") PROBLEMS WITH GOODS OR SERVICES PROVIDED BY THE COMPANY HEREUNDER. THE LIABILITY OF THE COMPANY, IF ANY, ARISING OUT OF, OR IN ANY WAY RELATED TO THE PERFORMANCE OF THIS AGREEMENT OR ANY ADDENDUM HERETO SHALL NOT EXCEED THE AMOUNT PAID TO THE COMPANY BY CUSTOMER FOR THE SPECIFIC GOODS OR SERVICES AT ISSUE. THE WARRANTY PROVIDED HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES THROUGH COURSE OF DEALING OR USAGE OF TRADE. d) Place of Performance. Within the United States, the warranty service for Equipment, Software or firmware shall be performed at Client's premises or at such other location as specified by the applicable manufacturer. The Equipment or Software sold pursuant to this Agreement is not for export. The Company ICI SOLUTIONS PLSA 8101 Conlidenflal 11/18101 -3- c c ,-.. "- . assumes no liability whatsoever for any damages arising out of the use of the Equipment or Software outside of the United States. e) Warrantv Period. The warranty period commences on the date of delivery of the Equipment or Software. On-site warranty, if provided by the applicable manufacturer, shall be in force for the duration of said manufacturer's warranty period, Carry-in warranty shall be in force for such longer period, if any, as the Company or the manufacturer shall provide. f) Survival. The provisions of this Article shall survive termination of this Agreement. 1 O.lnfrinaement Indemnification, a) The Company shall, at its sole expense, indemnify, hold harmless, and defend Client from all loss, expense, or damage arising out of a claim that any Software furnished under this Agreement infringes a U.S. patent, copyright, trade secret. or other proprietary right. The Company shall pay all damages and costs including attorneys' fees finally awarded by a court of competent jurisdiction against Client in any suit, proceeding, or settlement. b) In the event an injunction restricting Client's use of Equipment or Software is issued, the Company shall have the option to provide Client with (1) the properly authorized right to continue using the Equipment or Software; or (2) a non- infringing, functionally equivalent, replacement or modification thereof; or, if unable to do (1) or (2), then (3) a refund of the price paid to the Company for such Equipment or Software, in which case Client shall return the Equipment or Software to the Company. 11, Protection. All Software provided hereunder is licensed under the License Agreement for use on a single enterprise's CPU or multiple CPUs as specified in such License Agreement, and may not be copied except as may be necessary for use or for backup. Client shall take all reasonable steps to preserve the confidentiality of the Company's trade secrets and proprietary information. 12. Confidentialitv. a) The Client and Company acknowledges that it may, in the course of performing its responsibilities under this Agreement, be exposed to or acquire information which is proprietary to or confidential to either Client or Company. The Client and the Company agrees to hold such information in strict confidence and not to disclose such information for any purpose whatsoever other than the performance of its obligations as contemplated by this Agreement and to advise each of its employees who may be exposed to such proprietary and confidential information of his or her obligation to keep such information confidential. b) The Company agrees that it will not breach, or attempt to breach, any of Client's computer security systems, or obtain, or attempt to obtain, access to any programs or data other than those which it has been given access by Client in writing, In the event that a Company employee should obtain, or attempt to obtain, access to any such programs or data, the Company shall promptly notify ICI SOLUTIONS PLSA 8/01 Confidential 11/18/01 -4- c c c Client of such fact, and will not, in any manner whatsoever, use such programs or data as might be obtained, or disclose them to any third party, Furthermore, the Company agrees to keep confidential all information obtained by it in consequence of its utilizing Client's systems. Such information includes, without limitation, information relating to Client's research, business operations and customers. . c) Any obligation in this Confidentiality clause does not apply to any information which: i) is or becomes known publicly through no fault of the Company; ii) is already known to the Company, except as listed or specified in writing by the Company as being the subject of previous discussions between Client and the Company regarding proprietary information, and is so agreed by both parties; iii) is developed by or for the Company independent of activities under this Agreement. The provisions of this Article shall survive any termination of this Agreement. 13. Force Maieure. Neither party shall be responsible for any failure to comply with or for any delay in the performance of these terms and conditions where such failure or delay is caused by events beyond the control of the party sought to be charged, If the Company, however, for any reason within or outside its control, fails to perform any part of an Order by the date specified, Client, in addition to any other rights and remedies it may have, shall have the option of specifying a later date for performance, or upon written notice to the Company of terminating or canceling the entire Order or any part of the Order without liability with respect to any portion of the Order not completed~ The Company shall notify Client in writing promptly of any actual or potential delay. 14. Conduct Indemnitv. a) The Company shall indemnify, hold harmless and defend Client, its officers, agents and employees from all damages and liability, including attomey's fees, arising out of the Company's acts or omissions pursuant to this Agreement. Client shall indemnify, hold harmless and defend the Company, its officers, agents and employees from all damages and liability, including attomey's fees, that arise out of, or result from, any alleged act, omission or misrepresentation caused solely by Client, its agents or employees. b) If the Company work hereunder involves operations by the Company on the premises of Client or one of its customers, the Company shall take all necessary precautions to assure that the work is carried out in a safe and proper manner and shall indemnify Client against all damages which may be incurred in connection with such work, The Company shall also maintain such public ICI SOLUTIONS PLSA 8101 Confidential -5- 11/18101 c c c liability, property damage and employee's liability and compensation insurance as will protect Client from risk and from any claims under applicable Workers Compensation and Occupational Diseases Acts, including, without limitation, the following policies: i) Workers Compensation and Employers Liability Insurance which shall fully comply with the statutory requirements of all state laws as well as federal laws which may be applicable. Employers Liability shall be $100,000 per person, per occurrence. ii) Comprehensive General Public Liability and Property Damage Insurance with a combined single limit of $1,000,000 for injuries or deaths or property .damage arising out of an occurrence. iii) Under the Company's acceptance of this Agreement, the Company shall furnish to Client, if requested, a certificate of insurance which certifies that such policies are in full force and effect for Client's benefit. The Company agrees that such insurance will not be canceled nor materially changed without Client's prior written consent. 15, Limitation of Liabilitv. Except as provided under the provisions of 'Warranty", "Infringement Indemnification", and "Condu,ct Indemnity" above, neither party shall be liable for any loss of profit or for other consequential or indirect damages arising out of any breach of this Agreement. CLIENT FURTHER UNDERSTANDS THAT THE COMPANY SHALL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, INTERRUPTION OF SERVICE, LOSS OF DATA, OR LOSS OF PROFITS, TIME, OR BUSINESS. 16. Notices. Any notice required or permitted to be given hereunder shall be in writing and mailed to the parties at the following addresses or to such other address as either party may substitute by written notice to the other. a) If to Client: San Bernardino Police Department <<Add Appropriate Contact and Address>> b) If to the Company: ICI SOLUTIONS, INC. David Law 5883 Eden Park Place San Jose, CA 95138 17.Comoliance with Laws. The Company shall comply, and shall cause all Equipment and Services furnished hereunder to comply, with all applicable federal, state and ICI SOLUTIONS PLSA 8101 Confidential -6- 11/18101 c c c local laws, rules, regulations and standards including, without limitation, provisions of the Equal Opportunity Clause contained in Section 202 of Executive Order 1236 of September 24, 1965, as amended (which Executive Order is incorporated herein by reference) and the provisions of the Occupational Safety and Health Act of 1970 (OSHA) and the standards and regulations issued thereunder and amendments thereof; and the Company shall certify, in writing, such compliance at Client's request. 18, BankruDtcv. If any proceeding in bankruptcy or for reorganization shall be filed by either party hereto, or if an involuntary case in bankruptcy or for reorganization shall be filed against either party and shall not have been dismissed within 60 days of the filing thereof, or if a receiver should be appointed for either party or the property of either party and such receiver shall not have been dismissed within 60 days from the date of his appointment, or if either party shall admit in writing its inability to meet its debts as they mature, then in any event, the other party hereto shall have the right, at its option, to cancel and terminate this Agreement. 19. Assianment. Any assignment or attempted assignment by either party, in whole or in part, of its obligations herein or of its performance under this Agreement, without the other party's prior express written consent, shall be null and void, However, the Company may, without notice to Client, subcontract any or all of its service and support obligations hereunder to one or more qualified affiliates, subsidiaries or independently owned and managed franchisees, but this shall not relieve the Company of its responsibilities under this Agreement. 20. Publicitv. The Company shall not use Client's (or any Client's affiliate's) name or trademark, or refer to this Agreement, in any advertisement or promotional material, without Client's prior written consent. 21. Governina Law. This Agreement shall be governed by, interpreted, and construed in accordance with, the laws of the State of California without reference to the body of law controlling conflicts of law. In the event of any litigation, the prevailing party shall be awarded its reasonable attorney's fees and other direct costs associated with the litigation. Venue of any action brought hereunder shall be exclusively in the County of San Bernardion. 22. Headinas. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement. 23, General Terms. a) The failure of either party to exercise any of its rights hereunder shall not constitute or be deemed a waiver or forfeiture of such rights nor shall it preclude the future exercise of such rights. b) Client certifies that all purchases made pursuant to this Agreement are for its own use and not for resale or sublicense, ICI SOLUTIONS PlSA 8101 Confidential -7- 11/18101 r '- 24. Complete Aareement. This Agreement is the complete and exclusive statement of agreement between the parties. It supersedes all prior agreements and understandings, both oral and written, with respect to the subject matter hereof. SAN BERNARDINO POLICE DEPARTMENT ICI SOLUTIONS, INC. By By: David Law Title: Title: President & CEO Date: 10/1/2001 Date: 10/0112001 c -- r '- ICI SOLUTIONS PLSA 8101 Confidential -a.. 1111&101 ",.- . '- Schedule A c r '-' [Description of Project, including Equipment, Software, and Services] Integration Totals - Purchase System Comoonents: Server Hardware: Caoture Sub-SYstem .<::fjh_Tnt~" Setvices ComDonents: Desion & Confiouration: Intearation & Develooment & .<::lIh_Tnt~f' Software Comoonents: Database & O/S FileNET Software: Kofax Software: OTG Gatical Storaae: .<::lIh_Tnt~I' $67.147.72 g;HIR.4A71 ~RR QQF; .4.4 $25.200.00 $49.050.00 g;?R ~nO 00 !l:1n? R1n nn $7.455.53 $95.456.00 $11.830.00 !l:11 1qq 00 !l:1'~Q.1n~ SUDDlies' 6-mo's Prorated Trainina & .<::/Ih.Tnt::.l- Total 1 st Year Taxes: ShioDina: Purchase Total: $4.395.50 $13.815.00 S~ .47fi no !l:Ji?AR'i'in $368.432.47 $19.174.43 7.75% Rate $3.600.00 $391.206.90 (Optional Hardware / Software / Services not included. Product and Pricing based upon availability.) Notes: Prices include applicable sales tax, travel expenses or shipping Pricing does not include network cabling requirements in customer facility All pricing is subject to change pending customer confirmation of system design preferences ICI SOLUTIONS PLSA 8/01 Confidential -9- 09/21/01 C Hardware Part Number Description Vendor Qty. ListPri Untt Price Extended Price FileNET Content Server (QIy) Subtotal $48,734.64 193706-001 PROLIANT DL380 P311 000 RM 128MB M1 HPLUG SVR Compaq 1 $3,270.79 $2.591.47 $2,591.47 Standard INTEGRATED SMART ARRAY CONTROLLER Compaq 1 $0.00 $0.00 $0.00 Standard 1.44 MB FLOPPY Compaq 1 $0.00 $0.00 $0.00 Standard HIGH SPEED IDE Law PROFILE CD-ROM Compaq 1 $0.00 $0.00 $0.00 Standard 10/100 TX UTP NElWORK CONTROLLER Compaq 1 $0.00 $0.00 $0.00 187602-B21 Pentium 1111000/256 processor 'Compaq 1 $799.00 $754.39 $754.39 128279-B21 512MB PC133 OIMM ML330-370 DL380 ML530 Compaq 2 $500.00 $472.08 $944.16 124992-B21 SMART ARRAY 5302 64 CONTROLLER Compaq 1 $1,399.00 $1.348.99 $1,348.99 161275-B21 HOT PLUG DRIVE CAGE UPG 4X11N PROLIANT Compaq 1 $542.20 $429.59 $429.59 188122-B22 18.2GB HD U160 SCSI HPLUG 3.5LP LOIN 15000RPM Compaq 2 $957.13 $758.34 $1,516.68 176498-B21 36.4GB HDWUSCI3 HPLUG 3.5LP 1.01N 10K RPM Compaq 4 $1,758.90 $1,393.59 $5,574.36 143397-001 HOT PLUG REDUNDANT PawER SUPPLY KIT PROLIANT DL380 Compaq 1 $406.35 $321.96 $321.96 230603-B21 3U STORAGE ENCLOSURE Compaq 1 $613.30 $485.92 $485.92 146196-B24 40/80 DL T TO INT Compaq 1 $4,814.49 $3.814.55 $3,814.55 3C886A-US OfficeConnecl@ 58K LAN Modem 3Com $289.77 $229.59 $229.59 AHA-2944lNVAdaptec UltraMlide SCSI Controller, Differential, PCI. 68M Connection, 1Adaptec $450.00 $380.00 $380.00 Kit Channel, Intemal SCSI Cable e S-68M50C-06 SCSI-3 68M-50C cable, 6 feet Cable $62.50 $62.50 $62.50 C1104M HP SureStore Optical 1200mx Jukebox wtth 1164 GB total capacity, 4HP $49,499.00 $30.280.48 $30.280.48 multifunction drives, and slots for up to 128 WORM or rewritable disks. blank disk included. User selectable single-ended or differential interface. FileNET Workflo Server (QIy) Subtotal $4,902.18 193706-001 PROLIANT DL380 P3/1OO0 RM 128MB M1 HPLUG SVR Compaq 1 $3,270.79 $2,591.47 $2,591.47 Standard INTEGRATED SMART ARRAY CONTROLLER Compaq 1 $0.00 $0.00 $0.00 Standard 1.44 MB FLOPPY Compaq 1 $0.00 $0.00 $0.00 Standard HIGH SPEED IDE Law PROFILE CD-ROM Compaq 1 $0.00 $0.00 $0.00 Standard 10/100 TX UTP NElWORK CONTROLLER Compaq 1 $0.00 $0.00 $0.00 128279-B21 512MB PC133 DIMM ML33o-370 DL380 ML530 Compaq 1 $500.00 $472.08 $472.08 188122-B22 18.2GB HD U160 SCSI HPLUG 3.5LP 1.OIN 15000RPM Compaq 2 $957.13 $758.34 $1,516.68 143397-001 HOT PLUG REDUNDANT POWER SUPPLY KIT PROLIANT DL380 Compaq 1 $406.35 $321.96 $321.96 FileNETWeb Server (QIy) Subtotal $4,902.18 193706-001 PROLIANT DL380 P3/1000 RM 128MB M1 HPLUG SVR Compaq 1 $3,270.79 $2,591.47 $2,591.47 Standard INTEGRA TED SMART ARRAY CONTROLLER Compaq 1 $0.00 $0.00 $0.00 Standard 1.44 MB FLOPPY Compaq 1 $0.00 $0.00 $0.00 Standard HIGH SPEED IDE LOW PROFILE CD-ROM Compaq 1 $0.00 $0.00 $0.00 Standard 10/100 TX UTP NElWORK CONTROLLER Compaq 1 $0.00 $0.00 $0.00 128279-B21 512MB PC133 DIMM ML330-370 DL380 ML530 Compaq 1 $500.00 $472.08 $472.08 188122-B22 18.2GB HD U160 SCSI HPLUG 3.5LP 1.OIN 15000RPM Compaq 2 $957.13 $758.34 $1,516.68 143397-001 HOT PLUG REDUNDANT POWER SUPPLY KIT PROLIANT DL380 Compaq 1 $406.35 $321.96 $321.96 C Rack Comconents (QIy) Subtotal $8,354.38 120663-B22 RACK DELIV MODEL 9142 42U OPAL SHOCK PALLET Compaq 1 $1.745.60 $1,383.21 $1,383.21 ICI SOLUTIONS PLSA 8/01 -10- 09/21/01 Confidential c ICI SOLUTIONS PLSA 8/01 Confidential -11- 09/21101 C Software c c FileNET Software 304840 305240 305241 304843 305133 Enterprise Content Services S.x eProcess Services 3.x 10M & eProcess Services Toolk~ 3.x Coetent Services Shared User Lie 3.x WorkFlo Services Shared User Lie 4.x FileNET FileNET FileNET FileNET FileNET Other Software C11 ~00016 Microsoft. Windows 2000 Server (CD) Microsoft 228-01079 Microso!l@ SQL Server 2000 Standard Ed~ion CO 1 Processor Microsoft 07-00-03127 PCANYWHERE 10.0 HOST ONLY FOR 951981NT 4NV2K1ME Symantec OX-OI-SW OiskXtender Optical Levell License OTG AC-6500-1700 Kofax Ascent Capture (v5.x) 1 Pack Scan 200K per Month -Kofax FileNET Content Services AC- 1510-2000 Kofax Ascent Capture (v5.x) 3 Pack Workstation Kofax (QIy) Subtotal $95,456.00 1 $20,000.00 $15,200.00 $15,200.00 1 $20,000.00 $15,200.00 $15.200.00 1 $10.000.00 $7,600.00 $7.600.00 50 $1,300.00 $889.20 $44,460.00 20 $900.00 $849.80 $12,996.00 (QIy) Subtotal $30,823.65 3 $1,117.84 $885.51 $2.656.53 1 $4,999.00 $4,799.00 $4,799.00 4 $107.00 $84.78 $339.12 1 $15,999.00 $11,199.00 $11,199.00 1 $10,000.00 $7,000.00 $7,000.00 $6,900.00 $4.830.00 $4,830.00 $126,279.651 Software Total Supplies Supplies C7984A 9.1 GB WORM Optical HP (Qty) 50 Subtotal $4,395.50 $4,395.50 $87.91 $87.91 Supplies Total ICI SOLUTIONS PLSA 8/01 Confidential -12- ".395 "I 09/21/01 c Services Professional Services (hours) Subtotal $102,810.00 ICI-I-00210 Core Application Analysis & Config Review LCC 120 $210.00 $210.00 $25,200.00 ICI-I-00100 Content Services & eProcess ole Integration LCC 80 $150.00 $150.00 $12,000.00 ICI-I-00110 Content Services & eProcess On-site Installation (PostLCC 56 $150.00 $150.00 $8,400.00 OIC) ICI-I-00220 eprocess Customization & Development LCC 136 $210.00 $210.00 $28,560.00 ICI-I-00400 Project Management LCC 80 $210.00 $210.00 $16.800.00 ICI-I-00120 ale Capture Sub-system Integration LCC 44 $150.00 $150.00 $6,600.00 ICI-I-00130 Kofax Ascent Capture Configuration for 5-forms LCC 25 $210.00 $210.00 $5,250.00 Training User & Admin Trainina (hours) Subtotal $14,000.00 ICI-I-00320 Capture Process Automation Training, On-site LCC 40 $175.00 $175.00 $7,000.00 ICI-I-00310 Custom Manual Development LCC 24 $175.00 $175.00 $4,200.00 ICI-I-00300 End-user Training, On-site ''Train-the-Trainer'' LCC 16 $175.00 $175.00 $2,800.00 (C/asses) Subtotal $20,475.00 200946 eProcess & Web Wor1<Flo Pgmg Class (2 Days) FlleNET 2 $1,200.00 $1,200.00 $2,400.00 200502 10M Desktop Admin & Support (2 Days) Fi~NET 2 $950.00 $950.00 $1.900.00 200265 CS System Administrator (4.5 Days) Fi~NET 3 $2,400.00 $2,400.00 $7.200.00 C 200945 eProcess Foundation (3 Days) Fi~NET 2 $1,750.00 $1,750.00 $3.500.00 TR-1000-0000 Ascent Capture Technical Training. Basic Kofax 3 $1,495.00 $1.495.00 $4,485.00 TR-1000...QOQ1 Ascent Capture Technical Training - Advanced KoIax 2 $495.00 $495.00 $990.00 Services Total $137,285,001 c ICI SOLUTIONS PLSA 8/01 Confidential -13- 09/21/01 Schedule B - Statement of Work c 61(1 Solutions' /' +FiICNET San Bernardino Police Department Revision 1.e August 22, 2001 TABLE OF CONTENTS 1.lI Sc:Ol'El.......................................................................................:2 :2. II ProjElc:t Contac:ts ...... ............................................. .................. 3 3.lI 3,1 3,2 4.lI C 4,1 4.2 4.3 4,4 4,5 4.6 4,7 5.lI 5.1 5,2 5.3 5.4 5,5 5,6 SBPD Kev Personnel......,.....,..,..,................,...............,..,..,..,.................................,...................3 lCl Solutions Kev Personnel ..,.......,..,....,..,.......................,........................."..,..,..,....,.......,....,,3 SystElm Configuration RElViElw...............................................4 Hardware - See PLSA Schedule A.................................................................................. 4 Software - See PLSA Schedule A....,............................................................................... 4 SElrviC:Els and Custom AI'I'lic:ations /nc:/udEld........................4 Core Application Analysis & Detailed System Design .....................,............................ 4 System Integration, Configuration and Testing,...........................................................,4 On-Site lnstalIation ....,..,..,.......,..,....,..,..,....,..,..,..,..........;........................,................,....,.. 5 Training and Process Consulting ................,..,..,.......,..".....,..,..,..,..,..,...."..,..,....,.........., 6 Project Management ofImplementation and Integration Cycle.............................,..., 7 System Definition and Configuration..............................................,....,..,....,..,..,....,....,.. 7 Source Code for Custom Applications...........................................................................~ 7 Contrac:t TElrms and Conditions ............................................8 lCl Solutions as Prime Contractor to SBPD ..............................................................,..,8 Pricing ...................................,...............................,..,..,..,..,..,.."..,..,..,..,..,...,..,..,...."..........8 Milestone Deliverables and Payment Schedule.............................................................. 8 Estimated Delivery Timeline"....,..,....,..,....,..,..,.................................................,....,....,..,9 Changes to Requirements,.......,.............................".............,.."........,..,..,..,..................... 9 Assumptions and Disclaimers ,..,..,..,....,..........,..,.................................,..,....,............,...... 9 5,7 SBPD Delivery Responsibilities ..........................................................................;............ 9 Acceptance of Statement of Work...........................................................................................ll Acceptance of Statement of W ork...........................................................................................ll 6.lI ChangEl OrdElr TElrms ............................................................1:2 c c 1.0 Scope ICI Solutions is please to submit this Statement of Work (SOW) to SBPO to implement FileNET Web Services. This document contains the description of the project, deliverables, disclaimers and assumptions. This Project provides for implementation and system configuration in the ICI Solutions QIC center in Chandler, AZ. with final system configuration and installation at the SBPO site in San Bernardino, CA. The scope of this project includes the installation and configuration of a FileNET Panagon Content Services and Panagon eProcess workflow system for the SBPO. c c . c 2.0 Project Contacts SBPD Kev Personnel Mailing Address Public Safety Group San Bernardino Police Dept. B Building - IS 710 N. "D" Street San Bernardino, CA 92401 Janis Ingels 'IS Director (909) 384-5947 inoels ia@cLsan-bernardino.ca.us Captain Robert Curtis Administrative Division Cmdr (909) 384-5606 curtis ro@cLsan-bernardino.ca.us Michael Eckley Public Safety Systems Mgr (909) 384-5947 ecklev mi@cLsan-bernardino.ca.us Jason Suarez Sr. Analyst (909) 384-5947 suarez ia@cLsan-bernardino.ca.us Cindy Sepulveda Analyst (909) 384-5614 sepulveda ci@cLsan-bernardino.ca.us John Block Records Manager (909) 384-5728 biock io@cLsan-bernardino.ca.us c lei Solutions Kev Personnel Matt Wiseman, Account Executive (480) 558-8714 mwiseman@icisolutions.com Jerry Blackwell, Systems Consultant (480) 633-3232 iblackwell@icisolutions.com Bob Sieker, Project Manager (909) 374-6163 bsieker@icisolutions.com Greg Brinker, Mgr., Integration Services (480) 633-3226 o brinker@icisolutions.com John Lighthill, Mgr., Programming (760) 781-1003 iliohthill@icisolutions.com Rob Lehd, Mgr., Educational Services (714) 434-6882 rlehd@icisolutions.com ICI Solutions Solutions primary number (888) 82-IMAGE ,.... '- c 3.0 System Configuration Review 3,1 Hardware - See PLSA Schedule A . 3.2 Software - See PLSA Schedule A 4.0 Services and Custom Applications Included 4.1 Core Application Analysis & Detailed System Design ICI Solutions will work with SBPD to gather the appropriate data and documents needed to properly analyze the system design requirements, design the workflow, configure the system and architect any necessary custom applications. A series of surveys will be provided for SPBDs use and assistance provided to help understand and complete them. This information will be used to develop the Detailed System Design. The system acceptance documents shall be provided by ICI Solutions as part of the Detailed System Design. 4.2 System Integration, Configuration and Testing. c The initial delivery services will involve the tasks shown below. The ICI Quality Integration Center (QIC) in Chandler Arizona is a national staging area for systems being integrated by ICI Solutions. This facility was designed for this purpose and has sufficient space to stage up to four systems simultaneously. The QIC provides numerous benefits including engineer multi-tasking, run-rate efficiencies, network topographies, and a static free and sterile network environment conducive for system integration to take place. The integration methodologies were developed over five years ago when ICI Solutions was performing imaging system integrations out of MircoAge's ISO 9000 QIC. The tasks listed in 4.2 and 4.3 shall take place either at the QIC in Chandler Arizona, at the SBPD facility in San Bernardino California, or in various other ICI Solutions or Law Cypress facilities. . Statement of Work Review and Hand-Off - ICI Solutions professional service organization reviews the SOW with the ICI account team and SBPD and formally assumes responsibility for the delivery of the products and services within the SOW. . Order Management & Product Aggregation - An imaging system implementation includes several hundred line items of components and services. ICI Solutions works with a variety of distributors to ensure the appropriate orders are placed and the components arrive in time to meet the implementation schedule. . Component Integration - ICI Solutions integration team integrates the many hardware components into functional systems. This includes integrating and configuring the rack mounted servers, optical jukebox, scanner sub-system, and other hardware components. . Project Management - Experienced industry veterans shall schedule, coordinate and supervise all phases of the implementation. ~ ........ . Operating System Installation and Configuration - The Windows 2000 Operating System (OS) is installed and configured to meet FileNETs product guidelines. c . Database Installation and Configuration - The MS SOL 2000 database is installed and configured to meet FileNET's product guidelines. . Establish Network Connectivity - The server and workstation sub-systems are configured to operate as a MS Windows 2000 Network. . FileNET Software Installation - The FileNET Panagon Content Services, eProcess, and Web Services software is installed on the servers and configured to meet FileNET's product guidelines. . Establish ClienUServer Connectivity - The workstation sub-systems are installed with the FileN ET I DM Desktop Client and are configured to log-in to the servers. . Kofax Software Installation - The Capture Sub-system workstation is installed with the Kofax Ascent software. The Kofax software is configured to operate per the specifications described within the Detailed System Design. . System Testing - The ICI Solutions engineers run the system through a series of tests to ensure it operates as a complete system . Configure FileNET application software to SBPD specifications - The Panagon software is configured to operate per the specifications described within the Detailed System Design. . Initial System Function Test and Certification - SBPD sends a representative to ICI Solutions facility in Chandler Arizona to participate in the System Test and Certification. This is a milestone deliverable. c . System is Disassembled, Packed, and Shipped - Upon completion of the initial system acceptance, the system is disassembled and shipped to SBPD's facility. Note: The System server(s) that are included in the configuration are setup according to FileNET recommended standards to reflect the particular requirements of your site. Law Cypress Professional Services will integrate and test all pertinent functions of each server defined and configured. 4.3 On-Site Installation After the system has been integrated and configured in the OIC, it is boxed and shipped to SBPD's facility. ICI Solutions engineers then come on site and install the system in the SBPD environment. The tasks described below are typically tasks that shall occur on-site although, resources and time permitting, may be performed prior to the system being delivered on-site. . Technical site survey - This is a site visit by ICI Solutions Professional Services to confirm the site is appropriate for the installation. . Project management during onsite phase - The Project Manager may participate in on-site meetings or supervise the efforts of the implementation team when on-site. . Finished system integration- This involves un-boxing and re-integrating the finished sub- systems. .- "- - . \- . Integrate w/customer infrastructure - The installation of the serves, workstations and capture sub-systems on-site. Retrieval station FileNET client software integration for up to (2) additional workstations (SBPD shown how to perform the remaining installations). . Setup and configure (1) eProcess workflow module which routes new crime reports to the Investigation Sergeants within the SBPD Investigations Bureau (Le., Homicide, Specialized Crimes, District Crimes, etc.) for assignment to detectives (performed jointly by ICI Solutions and SBPD. SBPD shall setup and configure eProcess for the remaining units). . Deliver (1) Kofax Ascent Capture configuration for scanning and indexing Field Interview Cards. . Deliver (1) Kofax Ascent Capture configuration for scanning and indexing Citations. . Deliver (1) Kofax Ascent Capture configuration for scanning Crime Reports. . Configure the Kofax Ascent system for (5) additional document types. (Performed jointly by ICI Solutions and SBPD. SBPD shall setup and configure Ascent for the remaining document types). . Install Kofax Ascent workstation software on the three (3) workstations currently being used as scan stations. Configure the Ascent software to support the Capture sub-system architecture that is designed during the Core Application Analysis & described in the Detailed System Design. c . If needed, develop an automated/custom step processor to launch eProcess workfiow. The need for this shall by finalized during the Core Application Analysis & described in the Detailed System Design. . Modify eProcess step process to be an indexing tool (Detective Sergeants indexing tool). This will enable the Investigative Sergeants to be able to assign cases to a detective within the workfiow. The specifications for this shall by finalized during the Core Application Analysis & described in the Detailed System Design. . Add (1) new search template on the Panagon Web server for the retrieval of documents from the "Case" document class. (Performed jointly by ICI Solutions and SBPD). . Test the completed system within the SBPD Infrastructure. . Perform a joint "Finished System" test and certification. 4.4 Training and Process Consulting ,r '- SBPD lias indicated a preference to become self sufficient. To that end, SBPD is investing heavily in vendor product system administration training. In addition, ICI Solutions has recommended that additional training and training consulting services are acquired which will make the transition from the existing environment to the new environment faster, easier, and more productive. The "Capture Process Automation Training" and "Custom User Manuals" are intended to improve both the initial transition as well as immediately impact the system cost of ownership, both now and in the future. c . Perform capture process automation training - The existing document capture process centers around the use of 3-workgroup scanners operating as individual scanning and indexing workstations. The new document capture process is an assembly line process which shall utilize (upto) 4-workstations. This training shall be focused on helping the scan operators learn their new tasks and become operational quickly so the transition is faster and easier and has less chance of disrupting the departments operations. . Deveiop custom user manuals -ICI Solutions shall provide application specific user manuals. These manuals can be used to assist in training the user community during the system deployment and in the future as new employees are hired. . Perform "Train-the-Trainer" end-user training -ICI Solutions shall provide application specific end-user training. Unlike product training, this training shall be focused on teaching the "trainers" how to use the system to perform their jobs. . Provide FileNET and Kofax system administration training - SBPD will be attending system administration training at the vendor facilities in Costa Mesa and Irvine. 4.5 Project Management of Implementation and Integration Cycle The System implementation will be managed through the direction of a Project Manager. This individual will be the focal point of the project. SBPD is expected to assign a similar position early in the cycle to ensure that the various parties to the project are coordinated to allow a smooth and on-time delivery. This includes ensuring all requested information, materials and arrangements be made to effectively execute the project. c 4.6 System Definition and Configuration The System Server(s) that are included in the Configuration are setup according to FileNET recommended standards to reflect the particular requirements of your site. ICI Solutions Professional Services organization will integrate and test all pertinent functions defined and configured. 4.7 Source Code for Custom Applications ICI Solutions develops custom applications to meet various client requirements. These applications are developed in languages that generate an executable file. The executable file is typically the deliverable for all custom applications unless otherwise specified. A copy of the source code shall be provided to SBPD with the agreement that it is a licensed work and shall not be given or sold to other people or organizations. If SBPD modifies the source code it shall invalidate the maintenance of the application, ~ '- c c c 5.0 Contract Terms and Conditions ICI Solutions will perform all services specified in Chandler, Arizona, Minneapolis, Minnesota, and at the SBPD location in San Bernardino, California. 5.1 ICI Solutions as Prime Contractor to SBPD ICI Solutions is engaged as the Prime Contractor for this project. As such, ICI Solutions retains primary Project Management responsibility including but not limited to: Weekly Project Status Conference Call, Management of and maintenance to the Project Plan, coordination of sub- contractors, on-site coordination with ICI Solutions QIC integration, onsite integration, training, shipping, receiving, billing, Support Center, Pre-Sales Engineering, and Custom Development. 5.2 Pricing Pricing for this project is based on a fixed fee basis. The price for the project is identified in the lei Solutions PLSA Appendix A. 5.3 Milestone Deliverables and Payment Schedule This project will be divided into six phases. The payment schedule will be based on the following: Milestone Deliverable Payment Schedule Milestone Deliverable Payment for: A..o".t: I FV 2002 Milestone Payment 1 Detailed System Design Services $25, 200.00 Milestone Payment 2 hillsl System Acceplemce hVV, SIN & Services $252,536,97 Milestone Payment 3 SO-days 1rom PO Dllte Software MaintenlSlnce $13,815.00 Milestone Payment 4 On-site System Acceptance Services $17,010.00 Milestone Payment 5 Completion of lei Training Services $14,000.00 Milestone Payment 6 eProcess System Acceptemce Services $21,000,00 Milestone Payment 7 July 1 Msintenance for FY 2002 SPOC HVV & 9N S46,633.S4 $343,561.97 FileNET end Kofa. Ascent System Admin training to be peid prior to attendence and outside of the milestone deliverables: $20,475,00 Hardware and software components .hall be taxed as $22,774.43 invoiced. Shipping sh.1I be invoiced .s incurred. $4,395.50 Supplies shell be invoiced when shipped: Tatal: $391,206.90 r' \- c c . 5.4 Estimated Delivery Timeline 1W1 TI_ 10/15 "" , 12115 12/31 1115 1/30 VI5 10131 11115 11130 /' ",' /' ",' /' /' /' /' /' ~ ~ ~ ~ ~ ~ ////// ~;f~ " " I " " ,,' Tasks and Deliverables: ..~ ... SignedContnlct SBPO Attends CS Sys Admin TI1Iini"g' SBPO Attends !<ofax Sy, Admin Trainil'lgo Pre-sileAnalysis!Survey Detailed System Design Development Detailed System Design Rllvi_ & Acceptance HarUwalllandSoflwlreon:lered" ale Integration end Configul'lilltion Initial CS System Acceptllnce Test Components Shipped \0 SBPO On-sitetnstallation Imaging System Accept,nee Test Transition to ICI Mllinlllnance Slack Time .,.... P I!ilII ... .,... Capture component and process training SBPO Attends FiieNET ,Proeess Training" On-site & RllmotllllProcess Deployment $lackTime Finished Systern Aceept.nee Test - SBPO -------+ I'" .,... - 5.5 Changes to Requirements ICI Solutions has developed this SOW based on the requirements as identified by SBPD in an on-site meeting conducted 15August01, and in telephone conversations before and after the meeting. The services identified in this SOW are those that will be delivered upon execution of the SOW. Because this project is being bid on a fixed fee basis, please note that variations to the types or quantities of services, and/or deliverables identified within this document will result in a change order and could incur additional charges being made to SBPD. We have included a Change Request Form to allow for such changes. Any Change Request Forms received by ICI Solutions, will be processed, and priced within five business days of receipt. SBPD will accept or reject the proposed additions and notify ICI Solutions within five business days of receipt. 5.6 Assumptions and Disclaimers . Scheduling of the services to be performed is contingent upon receipt of executed contract documents including the SOW, PLSA, SLA, MSSA and the receipt of a duly authorized Purchase Order by ICI Solutions. . Pricing includes travel costs, taxes, and shipping. Additional component or services acquisitions may result in incremental increases in travel costs, taxes or shipping and shall be described in the change order or quote. . Services to be performed are limited to the Statement of Work. Any additional work shall be arranged through a separate signed change order. 5.7 SBPD Delivery Responsibilities c . . . . . . . . . . c c Complete FileNET 10M Desktop Admin & Support and CS System Administrator, and Kofax Ascent System Administration prior to site visit to perform the Core Application Analysis and Detailed System Design. Install FileNET client software on workstations. Configure remaining workflow business rules for Investigation Sergeants that are not being performed by ICI Solutions. Configure Kofax Ascent for all additional documents beyond the Citations, Field Incident Reports, and the initial (5) documentlypes ICI Solutions delivers. Complete FileNET Panagon eProcess training classes prior to on-site deployment of eProcess by ICI Solutions. Complete FileNET and Kofax programming and advanced training classes within SO-days of Finished System Acceptance. Provide reasonable access to SBPD personnel and facilities when requested by ICI Solutions. Provide desk space. telephone, and Internet access to the ICI Solutions participants during their site visits. Assign a project manager from the SBPD staff for the project delivery period. Participate in project meetings and deliverables acceptance tests as scheduled by the ICI Solutions and SBPD project managers. ~ '- Acceptance of Statement of Work The Statement of Work version SBPD PLSA Schedule B . SOW 08222001-1e as described above is accepted and will commence upon ICI Solutions receipt of executed documents referenced in section 5.6. ICI Solutions Matt Wiseman, Account Executive DATE The City of San Bernardino Print Name & Title Signature DATE c r "- r' '- 6.0 Change Order Terms Changes to the approved Statement of Work or the Detailed System Design are considered to be one of two types: Type 1 Change: These are typically critical and require formal customer approval before they can be implemented. Changes are designated Type 1 whenever one of more of the following is affected: . System design or operational capability . Database design changes . FileNET software cost . Custom services cost or delivery schedule change . Compatibility issues with customer supplied equipment or facilities Type 2 Change: These are changes that may be implemented without prior approval of the customer and at no additional charge. These may include: . Changes of a minor nature c When a need arises during the implementation, the ICI Solutions System Consultant should be contacted immediately via the "Change Order" form. The System Consultant will review the change request and may recommend alternatives or workarounds. If the alternative is acceptable to all Team members, this may help to keep the project on time. The System Consultant will work with the customer to obtain approvals for Type 1 changes. This may also result in additional charges, to be approved by the customer. c c Change Order Date of Order: I I Client SBPD Description of Requirement: c Additional Specifications for this Change Request are attached: Date received by Law Cypress: I Reviewed by: Cost of Change: I Recipient: Approved by: Time to complete: Client Acceptance date: I I Name: t""' '- f "- c c Schedule C Pricing for Support Services Annual Support - Pro-rated Year One 1/1/01 - 6/30/01 Project and Hardware Maintenance FileNET & Kofax Software Support $0.00 $13,815.00 Support Total $13,815.00 Note: The pro-rated maintenance coverage includes standard right-to-new version and maintenance coverage on the FileNET software. The Kofax Ascent software support does not include right-to-new version because Kofax doesn't offer this feature. The hardware support shall include ICI Solutions help desk diagnostics support including dispatch of manufacturer maintenance organizations of the pro-rated period. Manufacturer response time is not upgraded and on-site manufacturer support may exceed 72-hours or may not be offered on some of the components. Payment for software support is due no later than gO-days from acquisition date. Acquisition date is the day the Customer issues a Purchase Order for the software. lei SOLUTIONS PLSA 8/01 Confidential -15- 09121101 - r \.",. c I""'" '- . Schedule D [Terms for Maintenanee Serviees] Maintenance and Support Services Agreement is attached as a free standing document. ICI SOLUTIONS PLSA 8/01 Confidential -16- 09/21101 r- '- Maintenance and Support Services Agreement This Maintenance and Support Services Agreement ("Agreement") dated October 1, 2001 ("Effective Date") is entered into by and between ICI Solutions ("Provider"), a Law Cypress Corporation, and having principal offices at 3350 N. Arizona Ave. #4, Chandler, Arizona 85224, and ("Client"), having principal offices at "300 North "D" Street, San Bernardino, CA 92418-0001" . BACKGROUND 1. Maintenance and Succor! Services Provider agrees to provide to Client service described in Sections 1.A and 1. B for the products listed in Exhibit A (the "Products") in accordance with the following terms and conditions. c A. Hours of Service Availability. Payment of the Standard Service Charges (as defined in Section 5) entitles Client to both maintenance and service, to the extent provided in this Agreement, during the Principal Period of Maintenance ("PPM") as defined in Exhibit A. All Products listed in Exhibit A, or subsequently added by amendment, shall have the same PPM. Client may request, in writing, special extended periods of coverage, subjeet to Provider's then current policies, terms and conditions, and prices for such service. If special extended service coverage is requested, and Provider, on a best effort basis, agrees to provide extended service coverage, the extended policy terms, pricing, and conditions will be at then prevailing rates and will be quoted prior to the exeeution of service. B. Scope of Service. Provider will provide service as long as the Products are at the Current Release level (defined as the current or immediately prior release or 24 months, whichever is newer), and operated in aceordance with Provider's, FileNet's and/or other relevant manufacturer's published specifications. "Service" includes: 1) telephone support during the PPM to resolve software problems or failures; resolution may be delivered as Software Maintenance Update (SMU), bug fix or workaround; 2) telephone support during the PPM to coordinate the hardware maintenance and the resolution of hardware problems or failures. Telephone or on-site hardware maintenance may be provided, subcontracted, or assisted by any Provider-authorized subcontractor, agent or representative; 3) delivery of remote support via modem using communication equipment and communication software certified by Provider; I""'" '- 4) attempted correction of any defect in the software program that materially and adversely affects the efficiency or use of the Products as described in Provider's, FileNET's, or relevant manufacturer's Maintenance & Support Services Agreement ICI Solutions Ver. 204 09/2112001 c written specifications; software program fixes will be provided for the Current Release only; except any defect in any of the Produets (except for any Product actually developed by Provider) which defect relates directly to recording, processing or presenting calendar dates falling on or after January 1, 2000 ("Year 2000 Defect"). The correction of any Year 2000 Defect shall be the responsibility of the manufacturer or creator of the particular Product. 5) delivery andlor installation of all engineering software or hardware revisions that Provider, FileNet, or relevant manufaeturer deems necessary with respect to the Products covered by this Agreement; and 6) Provider will use its best efforts to render service within a reasonable time. C. Service Limitations. Service is contingent upon the proper use of the Products in aceordanee with Provider's, FileNet's, and/or other relevant manufacturer's published specifieations and does not include any of the following: 1) service on a Product located in unsafe or hazardous environments, as determined by Provider; c . 2) service resulting from accident, neglect, alterations, improper use, or misuse of the Products or neeessitated by adjustments and changes attempted by non Provider personnel; 3) service to a version other than the Current Release of the Software; 4) efforts to restore the software and/or data beyond the most recent back-up; 5) service related to software and hardware other than listed in Exhibit A, and hardware maintenance and software support service delivery procedures and specifications other than as listed in Exhibit B; 6) service to any Product: (i) which has been altered, modified or adjusted without Provider's, FileNET's or other relevant manufacturer's prior written approval; or (ii) to which hardware or software has been added, attached or installed without Provider's, FileNET's or other relevant manufacturer's prior written approval; or (iii) for which repairs or other maintenance services have been made by someone other than Provider or Provider's authorized representative and; 7) service request due to problems that are not the direet result of Products listed in Exhibit A,. c 2. Client ResDonsibilities Maintenance & Support Services Agreement lei Solutions 2 Ver. 204 09/21/2001 c Client is responsible for the maintenance and installation of any common carrier equipment or communication services related to any Product and not furnished by Provider. Client is also responsible for charges incurred for communication facilities at Client's facilities, whether incurred by Client or by Provider's service representatives while performing service on Products. Client is responsible for performing system software back-ups in accordance with published documentation and restoration of data if not properly backed-up. Client shall timely notify Provider of any Product failure and shall allow Provider full and free access to the Products for performing Service and provide any information needed by Provider in fulfilling this Agreement. 3. Alterations and Additions In accordance with specifications, documentation and agreements, Provider will not be responsible to Client for loss of use of the Products or for any other liabilities arising from alterations, additions, adjustments or repairs whieh are made to the Products by other than authorized representatives of Provider. If, in the opinion of Provider, any such alteration, addition, adjustment or repair adversely affects Provider's ability to render maintenance service to the Products, Provider reserves the right to terminate this Agreement immediately upon written notice to Client. 4. Term and Applicability to Other Aareements with Provider or ICI Solutions c This Agreement is being entered into in connection with a related PLSA. In the event of any conflict or inconsistency between the terms and conditions .of the PLSA and this Agreement, the terms and conditions of this Agreement shall be controlling and given effect. A. The initial term (the "Initial Term") of this Agreement shall be twelve months commencing on the Installation Date. For purposes of this Agreement, the Installation Date shall be the Date that the Client aceepts the eompleted installation of the Products at its site. B. The payment of the Service Charges (as defined in Section 5(A)) shall be made on the Installation Date, in part consideration of the maintenance and support services deseribed in this Agreement during the Initial Term. C. This Agreement shall automatically be renewed on the same terms and conditions contained herein, without any action by either party for additional one-year periods, unless at least ninety days prior to end of the Initial Term or any renewal term, Provider or Client provides the other with written notice of its intent to terminate this Agreement 5. Service Charaes r- '- A. Definition. "Service Charges" are annual charges designated as such in Exhibit A. Such charges cover service performed at Provider's facilities or at the Product installation site. After the initial term and upon thirty (30) days written notice, Provider may change the Service Charges to Service Charges then in effect. If the Service Charges are increased, Client may terminate service as of the effective date of such increase, upon fifteen (15) days Maintenance & Support Services Agreement lei Solutions 3 Ver. 204 09/21/2001 c written notice to Provider. If Client does not terminate service within such 15 day period, the new Service Charge shall become effective on the date specified in the notice. B. Invoices. Service Charges will begin on the Installation Date. All Service Charges, and any amounts payable to Provider, including, but not limited to, Extended Charges, Sur Charges, and Other Charges, will be invoiced annually 30 days in advance, and anyone-time charge will be invoiced as incurred. Partial invoicing will be prorated on the basis of a thirty-day (30- day) month. Client shall pay the Service Charge and all other invoiee charges in full within thirty (30) days of the invoice date regardless of whether Client uses serviee every month during the term. All amounts payable under this Agreement shall be paid in U.S. Dollars. C. Default. Client shall be deemed to have defaulted in payment if it has not paid Provider all amounts due within thirty (30) days after receipt of invoice. If Client defaults in any payment to Provider, the defaulted sum shall bear interest from the date of default at an annual rate equal to one and one-half percent (1.5%) per month, or the maximum interest rate permitted by law, whichever is lower. Client's failure to pay any charges when due shall also constitute sufficient cause for Provider to suspend or terminate service under this Agreement. 6. Supplemental Maintenance Service c A. Movement of Products. Products moved to a location within North America shall continue to be serviced under this Agreement at the option of Provider subject to a mileage surcharge, travel (including air and ground transportation), accommodations, time and materials. Provider shall have the right to alter the type and schedule of maintenance provided to the relocated Products. Client shall give Provider at least thirty (30) days written notice specifying the new location prior to any movement of the Products. B. Other Services. Provider's rendering of hardware maintenance or software support service that is not included in the Service Charge, if requested by Client, will be performed at Provider's discretion and, if performed, will be charged to the Client at Provider's Service time and material rates and terms then in effect. 7. LIMITED WARRANTY EXCEPT AND TO THE EXTENT EXPRESSLY PROVIDED IN THIS AGREEMENT, IN LIEU OF ALL OF THE WARRANTIES, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. 8. Limitation of Liabilitv c A. IN NO EVENT SHALL PROVIDER BE LIABLE TO CLIENT FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR Maintenance & Support Services Agreement lei Solutions 4 Ver. 204 09/21/2001 c THE PERFORMANCE OR BREACH THEREOF BY PROVIDER, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PROVIDER'S LIABILITY TO CLIENT, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT OF SERVICE CHARGES PAID HEREUNDER BY CLIENT TO PROVIDER. B. PROVIDER SHALL NOT BE LIABLE TO CLIENT FOR ANY DAMAGES RESULTING FROM OR RELATED TO THE SERVICES PERFORMED BY PROVIDER HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR SOFlWARE, PROVIDER'S INABILITY TO CORRECT ANY PROBLEMS WITH THE PRODUCTS OR PROVIDER'S DELAY IN PERFORMING ANY MAINTENANCE OR SUPPORT SERVICES UNDER THIS AGREEMENT. MAINTENANCE AND SUPPORT SERVICES PROVIDED UNDER THIS AGREEMENT DO NOT ENSURE THE PRODUCT'S OR CLIENT'S DOCUMENT IMAGING SYSTEM'S UNINTERRUPTED OPERATION. 9. General A. Hardware maintenance or software support Service may, at the election of Provider, be provided, subcontracted, or assisted by any Provider-authorized subcontractor, agent or representative. B. C C. D. E. Client may not assign any of its rights or obligations hereunder except with Provider's prior written eonsent. The waiver or failure of either party to exercise in any respect any right provided herein shall not be deemed a waiver of any further right hereunder. This Agreement shall be subject to, governed by, and construed in aeeordance with the laws of the State of California. No modification or amendment of this Agreement will be binding on either party unless in writing and signed by an authorized representative or officer of each party. F. The invalidity of any provision of this Agreement shall not affect the validity and binding effect of any other provision. G. Notices hereunder shall be sent to the addresses on the face of the Agreement, or to such other addresses as specified by notice complying herewith, and shall be deemed received on the earlier of actual receipt or five days after deposit in the U.S. Mail. H. Notices mailed to Provider are to be sent to the attention of ICI Solutions, "Contracts Administration". c I. Headings contained in this Agreement are for convenience only and are not part of this Agreement and do not in any way interpret, limit or amplify the scope, extent or intent of the Agreement or any of the provision hereof. Maintenance & Support Services Agreem~nt lei Solutions 5 Ver. 204 09/2112001 . c J. Provider shall not be deemed to be in default of any provision hereof or be liable for any delay, failure in performance, or interruption of service resulting from acts of God, civil or military catastrophes, transportation delays, inability to obtain materials or parts from suppliers, or other Force Majeure beyond its reasonable control. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives effective on the Effective Date. Client: Provider: By: By: Title: Title: Date: Date: c c Maintenance & Support Services Agreement lei Soiutions 6 Vor. 204 09/21/2001 c EXHIBIT A HARDWARE MAINTENANCE AND SOFTWARE SUPPORT SERVICE CHARGES Principal Period of Maintenance IPPMI Principal Period of Maintenanee ("PPM") is between the hours of 8:00 a.m. and 5:00 p.m. Client's local time, Monday to Friday, excluding Provider's Holidays (options available, additional charges may apply). SDeciallnstructiohs Addendum None On-Client-Site Hardware Maintenance Provider As determined by Provider Items Not Covered In addition to Hardware and Support limitations stipulated elsewhere in this Agreement, this Agreement does not cover the replacement of consumable items such as, but not limited to, Optical Media (used in Jukebox), compact disks, back-up tapes, or floppy disks, Uninterrupted Power Supply (UPS) batteries, and user documentation in any form or media. Hardware and Operatina System Products c Part Number Description Qty. Annual Support Hardware Comoonents FileNET Content Server 193706-001 Standard Standard Standard Standard 187602-B21 128279-B21 124992-B21 161275-B21 188122-B22 176498-B21 143397-001 230603-B21 146196-B24 3e886A-US AHA-2944UW Kit S-68M50C-06 e1104M ;-. , '- FileNET Workflo Server PROLlANT DL380 P3/1000 RM 128MB M1 HPLUG SVR INTEGRATED SMART ARRAY CONTROLLER 1.44 MB FLOPPY HIGH SPEEO IDE LOW PROFILE CD-ROM 10/100 TX UTP NETWORK CONTROLLER Pentium III 1000/256 processor 512MB PC133 DIMM ML330-370 DL380 ML530 SMART ARRAY 5302 64 eONTROLLER HOT PLUG DRIVE eAGE UPG 4X11N PROLlANT 18.2GB HO U160 SCSI HPLUG 3.5LP 1.OIN 15000RPM 36.4GB HDWUSCI3 HPLUG 3.5LP 1.0iN 10K RPM HOT PLUG REDUNDANT POWER SUPPLY KIT PROLIANT DL380 3U STORAGE ENCLOSURE 40/80 DL T TO INT OfficeConnect@ 58K LAN Modem Adaptec UltralWide SCSI Controller, Differential, pel, 68M Connection. 1 Channel, Internal SCSI Cable SCSI-3 68M-50e cable, 6 feet HP SureStore Optical 1200mx Jukebox with 1164 GB total capacity, 4 multifunction drives, and slots for up to 128 WORM or rewritable disks. 1 blank disk included. User selectable single-ended or differential interface. Maintenance & Support Services Agreement lei Solutions 7 1 1 1 1 1 1 2 1 1 2 4 1 1 1 Ver. 204 09/2112001 $588.74 $0.00 $0.00 $0.00 $0.00 $143.82 $180.00 $251.82 $97.60 $344.57 $1.266.41 $73.14 $110.39 $866.61 NIA $81.00 N/A $3,375.00 193706-001 PROLlANT DL380 P3/1000 RM 128MB M1 HPLUG SVR 1 $588.74 -- Standard INTEGRATED SMART ARRAY CONTROLLER 1 $0.00 , "- Standard 1.44 MB FLOPPY 1 $0.00 Standard HIGH SPEED IDE LOW PROFILE CD-ROM 1 $0.00 Standard 10/100 TX UTP NETWORK CONTROLLER 1 $0.00 128279-B21 512MB PC133 DIMM ML330-370 DL380 ML530 1 $90.00 188122-B22 18.2GB HD U160 SCSI HPLUG 3.5LP 1.OIN 15000RPM 2 $344.57 143397-001 HOT PLUG REDUNDANT POWER SUPPLY KIT PROLlANT DL380 1 $73.14 FlleNET Web Serve, 193706-001 PROLlANT DL380 P311000 RM 128MB M1 HPLUG SVR 1 $588.74 Standard INTEGRATED SMART ARRAY CONTROLLER 1 $0.00 Standard 1.44 MB FLOPPY 1 $0.00 Standard HIGH SPEED IDE LOW PROFILE CD-ROM 1 $0.00 Standard 101100 TX UTP NETWORK CONTROLLER 1 $0.00 128279-B21 512MB PC133 DIMM ML330-370 DL380 ML530 1 $90.00 188122-B22 18.2GB HD U160 sesl HPLUG 3.5LP 1.OIN 15000RPM 2 $344.57 143397-001 HOT PLUG REDUNDANT POWER SUPPLY KIT PROLlANT DL380 1 $73.14 Rack Cornconents 120663-B22 RACK DELlV MOOEL 9142 42U OPAL SHOCK PALLET 1 NlA 192186-001 R3000 XR NA LOW UPS 2 $728.69 217248-001 TFT5010R 151N LCD FLAT PANEL RM MON 2U 1 $246.78 158649-001 1 U RACK KEYBOARO WITH HOT KEYS & TRACKBALL 1 NIA 338056-B21 RACK 1 U KEYBOARD DRAWER ALL COMPAQ RACKS 1 N/A C 207590-D71 POU 24A-LOW 1 B 120673-B21 STABILIZER FEET OPT KIT 9142 9136 RACKS 1 N/A 120670-B21 SIDE PANEL KIT 9142 RACK 1 N/A 110936-B21 12FT KVM eONSOLE CABLE CPU TO SWITCH BOX 3 NIA , 89453-B25 9000 SER. BLANKING PANELS CONTAINS 10 5U PANELS 3 NIA 400336-001 1X4 KVM SERVER CONSOLE SWITCH BOX RM, 1 N/A Caoture Sub-SYstem 35000 Kodak Digital Science Scanner 3500D Dupiex, SCSI. 75ppm with $3,625.00 150 page ADF. (2.25' 'L x 2.25W to 26' 'L x 11.7' W). ATP standard. eat # 840-4378 EH-1700-1000 Kolax 1700s Adrenaline IP Accelerator. 32MB SCSI, Full PCI $471.25 Se-1 027-0000 KOFAX, cable, SCSI 3to SCSI 3 N/A 210290-001 P1210 221N. 20VIS 24MM 19X14 Color Monitor Opal $174.78 470012-811 Oeskpro Workstation AP230, Intel<l!l Pentium@ III 1 GHz/133MHz, $275.87 256MB SDRAM 133MHz DIMM (1x256), 20GB Ullra ATA 100 Hard Drive (7200rpm), 1.44MB Floppy Oisk Orive. Inte9rated Intel AC97 Audio, Internal48X Max CD-ROM Drive, Intel@Pro/100+VM Network Connector, Compaq 3 Button Mouse - Opal, Compaq Easy Access Keyboard, Microsoft@ Windows NT<IDlvVindowsOD 2000 Professional 202389-B21 Matrox Millennium G450 Dual Head 32MB AGP $29.45 Software FileNET Software c 304840 305240 305241 Enterprise Content Services S.x eProcess SelVices 3.x IDM & eProcess Services Toolkit3.x $3.600.00 $3,600.00 $1,800.00 Maintenance & Support Services Agreement lei Solutions 8 Ver. 204 09121/2001 304843 Content Services Shated User Lie 3.x 50 $11.700.00 r 305133 WorkFlo Services Shared User lie 4.x 20 $3.240.00 ~ Other Software C11-00016 Microsoft Windows 2000 Server (CD) 3 Not Offered 228-01079 Microsoft@ SOL Server 2000 Standard Edition CD 1 Processor 1 Not Offered 07-00-03127 PCANYWHERE 10.0 HOST ONLY FOR 95/98/NT4NV2K1ME 4 Not Offered DX.OI.SW DiskXtender Optical Levell License 1 $2.879.82 AC-6500-1700 Kolax Ascent Capture (v5.x) 1 Pack Scan 200K per Month - 1 $1,845.00 FileNET Content Services AC-151 0-2000 Kolax Ascent Capture (v5.x) 3 Pack Workstation $1,845.00 All of the foregoing are considered Products for the purposes of this Agreement. c I""'" '- Maintenance & Support Services Agreement lei Solutions 9 Ver. 204 0912112001 I"""'- '-' FIRST YEAR MAINTENENCE AND SUPPORT BILLING (Prorated 1/1/02 - 6/30/02) Project and Hardware Maintenance (Single Point of Contact Warranty) Software Support TOTAL FIRST YEAR (Pro-rated) FIRST FULL YEAR MAINTENENCE AND SUPPORT BILLING (7/1/02 - 6/30/03) Project and Hardware Maintenance (Single Point of Contact Warranty) Software Support TOTAL F/RST YEAR c c Maintenance & Support Services Agreement lei Solutions 10 $0.00 $13,815.00 $13,815.00 $15,123.82 $30,509.82 $45,633.64 Ver. 204 09/2112001 c EXHIBIT B HARDWARE MAINTENANCE AND SOFTWARE SUPPORT PROCEDURES AND SPECIFICATIONS 1. Maintenance and Support Provider and selected field support provider furnish hardware and imaging system software support via a single point of contact (SPOC) toll-free number. Provider's Technical Support will field each problem and determine whether other resources are needed to bring the support incident to a timely and efficient resolution. All support calls are accounted for, expedited and (if necessary) escalated on a continuing basis, through our incident tracking system. The hierarchy shown below is specifically designed to provide direct and timely support to Client. Customer calls Provide~s toll-free number r '- ICI Solutions Suppor! incident Reporting & Diagnosis First Stage Incident Resolution Incident Escalation & Assignment Incident Tracking & Reporting Field Maint Provider Provider (lei) Resolves Imaging Software or Customization Problem Resolves Hardware or Operating System Problem . Other Field Maint. FileNET Resolves Hardware or Operating System Problem Imaging Software Support r- '- Maintenance & Support Services Agreeme.nt lei Solutions 11 Ver. 204 0912112001 c Maintenance and Suppor! Outline Provider will furnish hardware, operating system and baseline imaging system support through Provider-selected third party field offices. Provider toll-free Support Service (ISS) is the first point of contact in the event of a maintenance or support need. ISS will field each problem and determine whether other resources are needed to bring the support incident to resolution. HiGhliGhts of ISS Toll-Free SUDDort Contract . Client makes a single, toll-free call . 1 st Point of Contact . Primary Technical Assistance & Incident Tracking . Problem Identification and Assignment . Dispatch Hardware Repairs . Dispatch Operating System Repairs . Dispatch Imaging Software Support . Coordinate Manufacturer's Server / Peripheral Support HiGhliGhts of ICI Solutions (ImaGinG Software ControO . Imaging Software Support . Imaging Software & Enhancements Support . Imaging Software Maintenance Update (SMU) Provider /Installer . Imaging Software Assistance & Incident Tracking c HiGhliGhts of FileNet (ImaGinG Software SUDDort Extensions) . 3rd Level Technical Assistance Center (TAC) Imaging Software Support . Collaborative Escalation Process 1.1 Standard Features of Imaging Software Suppor! Hot Line Phone/Fax Support Remote Hot Line Support 8 AM to 5 PM Client's Local Time, Monday to Friday, excluding Provider's Holidays After-hours Hot-Line Phone Support Technical assistance outside of standard support time (available, additional charges may apply) Documentation Support Periodic mailing of tech bulletins, release update news, etc. Remote System Interrogation Access via modem to Client's imaging system Incident Escalation Procedure Priority assignments and accountable support engineer (key contact) Incident Reporting and Status Reports Technical progress communications on open incidents (as necessary) Closure Report Ciosed incident report (as necessary) c Maintenance & Support Services Agreement ICI Solutions 12 Ver. 204 09/21/2001 ,-- '- 1.2 Project Hardware Services ICI Solutions will coordinate hardware maintenance and operating system support through properly qualified field support service providers. 1.3 Software Suppor! Services . Client ODeratino Svstems & Network ODeratino Svstems Client is responsible for providing and maintaining current versions of desktop, server, and network operating systems. If necessary, in the event of an operating or network software malfunction, a field engineer is responsible for assisting customer personnel in identifying the specific problem and determining the appropriate resolution. The field engineer may employ the use of on-line diagnostics to facilitate resolution of the problem, and, if necessary, at the sole discretion of Provider, the field engineer will be dispatched to the customer's site. Imaoino Software Svstem and Imaoino Svstem Customization Support for the imaging system software and related application customization is provided by ICI Solutions (Provider). Provider's support is implemented through the use of on-line diagnostic tools and modular support procedures. Imaging software support calls are placed to the Provider's support specialist and entered into a support tracking system. A lead support specialist is assigned the incident and, if necessary, the priority of the incident is escalated and researched. c During the remedial process, Client is updated regularly. Once an incident has been successfully closed, the problem resolution is documented and reported to the Client. 1.4 Support Priority and Escalation Calls are responded to by time entered by priority: Prioritv P1: Down system P2: Critical malfunction P3: Device or subsystem problem P5: Need technical information - integrity issue P9: Need upgrade support - upgrade in progress Taraet Response Target Response 4 hours Target Response 4 hours Target Response 8 hours Target Response 8 hours Target Response 4 hours Provider will determine at its sole discretion the Priority rating and will use its best efforts to respond within the aforementioned Target Response times. However, no response time is guaranteed by Provider. c Maintenance & Support Services Agreement lei Solutions 13 Ver. 204 09/2112001 ,,,- \ ...... c I""'" '- Schedule E [Software License and Support Agreement] Software .License and Support Agreement is attached as a free standing document. lei SOLUTIONS PLSA 8/01 Confidential -17- 09121/01 ..- .- "- c c SOFTWARE LICENSE AGREEMENT This License Agreement is entered into this I st day of October, 200 I by and between ICI Solutions ("Company") and San Bernardino Police Department ("Client") pursuant of that certain Purchase, License and Support Agreement with ICI Solutions dated as of I October 200 I. Company grants to Client and Client accepts from Company a license to use the Software Deliverables (identified on Exhibit B) on the terms and conditions set forth in Exhibit A hereto. This License Agreement shall be governed by the laws of the State of California. COMPANY: ICI Solutions By: Its: CLIENT: San Bernardino Police Department By: Its: SBPD PLSA Schedule E - SLA 9:55 AM09121/01 Page 1 of4 .-- '--- c ,..... '- EXHIBIT A End-User Software License I. Grant of License a) Each Software product, including any documentation relating to or describing such Software, such as, but not limited to, logic manuals, flow charts and improvements or updates provided by FileNET Corporation ("FileNET") or Company (collectively called "Software"), is furnished to Client under a personal, non- exclusive, nontransferable license solely for Client's own domestic internal use in compliance with this license and all applicable laws and regulations. Client agrees that this license does not permit Client to: (I) use the Software for a service bureau application or (2) sublicense the Software. b) The Software may only be copied, in whole or in part (with the proper inclusion of FileNET's and Company's copyright notice and any other proprietary notice and/or trademarks on such Software), as may be necessary and incidental for archival and backup purposes or to replace a worn or defective copy. c) If Client is unable to operate the Software on the computer equipment due to an equipment malfunction, the Software may be transferred temporarily to other computer equipment during the period of equipment malfunction. d) Title to and ownership of the Software and all of its parts (or any modifications, translations, or derivatives thereof, even if unauthorized) and all applicable rights in patents, copyrights and trade secrets in the Software shall remain exclusively with Company and its licensors (including FileNET, as appropriate) and their licensors, if any. Software provided hereunder is valuable, proprietary, and unique, and Client agrees to be bound by and observe the proprietary nature thereof as provided herein. Client agrees to take diligent action to fulfill its obligations hereunder by instruction or agreement with its employees or agents (whose confidentiality obligations shall survive termination of employment or agency) who are permitted access to the Software. Access shall only be given on a need-to-know basis. Except as set forth herein or as may be permitted in writing by Company, Client shall not use, provide or otherwise make available the Software or any part or copies thereof to any third party. Client shall not reverse engineer, decompile or disassemble the Software or any portion thereof, nor otherwise attempt to create or derive the source code. Client acknowledges that unauthorized reproduction, use, or disclosure of the Software or any part thereof is likely to cause irreparable injury to FileNET and/or Company and/or their licensors, who shall therefore be entitled to injunctive relief to enforce these license restrictions, in addition to any other remedies available at law or in equity. e) Affiliates of Client may use the Software; provided that prior to any affiliate's use of the Software: (I) each affiliate shall sign and deliver to Company a mutually agreeable appendix to this License certifying its agreement to be bound by the terms herein; and (2) such use by such affiliate shall be subject to the following: (i) Client accepts responsibility for the acts or omissions of such affiliates as if they were Client's acts or omissions; (ii) Client shall indemnify FileNET and/or Company against losses or damages suffered by them arising from breach of this Agreement by any such affiliate as if effected by Client; and (Iii) such use shall not constitute an unauthorized exportation of the Software or documentation under U.S. Government laws and regulations. SBPD PLSA Schedule E - SLA 9:55 AM09/2I!Ot Page 2 of 4 - '",- c c 2. CUL Software and DUL Software a) Certain Software may be designated "CUL Software" and licensed solely for "Current Users Logged-on". Certain Software may be designated "DUL Software" and licensed solely for dedicated user licenses. "Client Devices" are defined as personal computers, minicomputers, mainframes, workstations, tenninals, cluster workstations and integrated workstations which execute such Software. b) Client must license one copy of the DUL Software for each Client Device that accesses any FileNET Software. DUL Software maybe copied by Client to use on additional Client Devices, provided Client pays the additional license fee for each additional user of a Client Device. c) The number of licenses required for CUL Software is the sum of Current Users Logged-on accessing the Content Services Software residing in a single server ("10M Software"). "Current Users Logged-on" are persons and programmatic operations executing the 10M Software, directly or indirectly from a Client Device. 3. Tennination Notwithstanding the foregoing, Company or FileNET shall have the right to tenninate Client's license if Client fails to comply with these license tenns and conditions. Upon expiration of the license tenn or upon notice of such tennination, Client shall immediately return or destroy the Software and all portions and copies thereof as directed by Company and, if requested by FileNET, shall certify in writing as to the destruction or return of the same. Any tennination of the license shall automatically terminate service under a support agreement with Company. All confidentiality and non-disclosure obligations herein shall survive tennination. 4. Limited Warranty and Limitations a) Company hereby passes through to Client the limited FileNET warranty on the Software Deliverables. b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CERTAIN SOFTWARE. c) In no event shall Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business infonnation, or any other pecuniary loss) arising out of the use of or inability to use the Software Deliverables, even if Company has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. SBPD PLSA Schedule E - SLA 9:55 AM0912110l Page 3 of4 .~ , ; CITY OF SAN BERNARDINO Interoffice Memorandum ,-.- 'EIVV: ,~: :' '" CITY CLERK'S OFFICE KcC., Records and Information Management (RIM) Program "01 NOV 29 P12 ;31 DATE: November 27,2001 TO: Captain Robert Curtis FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2001-351 At the Mayor and Common Council meeting of November 19,2001, the City of San Bernardino adopted Resolution 2001-351 - Resolution authorizing the execution of a contract in the amount of $391,207 with ICI Solutions of Chandler, Arizona, to provide upgraded hardware and replacement software for the Police Department's Document Imaging System. Please obtain signatures in the appropriate locations and return the original agreement to the City Clerk's Office as soon as possible, to my attention. Please be advised that the resolution and agreement will be null and void if not executed within 120 days, or by March 19, 2002. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Michelle Taylor Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Signed: ~~ Date: / /- .:::?7~O I Please sign and return . . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): ~ Item # I '1 Vote: Ayes 1-$( II Nays & Change to motion to amend original documents: - Resolution # Abstain h ?{XJ I <3.5 I Absent '=- Reso. # On Attachments: ~ Contract term: - Note on Resolution of Attachment stored separately: ~ Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY NullNoid After: \20 DA,~ 13-\9-C)~ By: - rr ~ Date Sent to Mayor: \ \ 2 \ 01 Date of Mayor's Signature: ~ Date ofClerk/CDC Signature: ~''2.\ I 0 I Reso. Log Updated:. .-/ Seal Impressed: / Date Memo/Letter Sent for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: II 12(,0 161 , See Attached: ~ate Returned: See Attached: See Attached: Request for Council Action & Staff Report Attached: Yes ./ No By Updated Prior Resolutions (Other Than Below): Yes No~ By Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Yes No~ By Updated CDC Personnel Folders (5557): Yes No-L By Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No~ By Copies Distributed to: City Attorney ,,/ Parks & Rec. Code Compliance Dev. Services Police'/ Public Services Water EDA Finance ./ MIS Others: Notes: ~8.0EO g, "Z.OO\-~~\ 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: t1'1I Date: 1-4,-0;:) Revised 01112/01