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HomeMy WebLinkAbout2014-05-27-Meeting Agendawww.augustaga.gov Public Safety Committee Meeting Commission Chamber- 5/27/2014- 12:50 PM PUBLIC SAFETY 1. Approve contract with SimplexGrinnell for RFP 13-222 in the amount of $290,900. Attachments 2. Motion to approve the minutes of the Public Safety Committee held on May 12, 2014. Attachments 3. Approve an upgrade for the current Electronic Warrant Interchange system from Palatine Technology Group. Attachments Public Safety Committee Meeting 5/27/2014 12:50 PM Central Monitoring Project Department:Marshal's Office Caption:Approve contract with SimplexGrinnell for RFP 13-222 in the amount of $290,900. Background:The Richmond County Marshal’s Office currently monitors close to 400 cameras from 6 different facilities. We have been developing a plan to provide 24/7 monitoring of existing and new surveillance systems from the new Marshal’s Substation on Deans Bridge Rd. The purpose of the MOC is to monitor locations for physical security, suspicious activity and asset protection. Analysis:A central monitoring center would maximize efficiencies and allow for a platform to expand services. This service would allow for future cost savings for existing video and alarm systems, and provide an added new service to protect county assets not currently protected. RFP 13-222 was advertised and resulted in the selection committee and the consultant choosing SimplexGrinnell as the preferred vendor. Financial Impact:Funding for the project will be split between Capital, Water and Sewer and Environmental Services. Alternatives: Recommendation:Marshal's Office recommends approval of contract with selected vendor Funds are Available in the Following Accounts: 272-02-2610 542-04-4110/5425310 507-04-3490/5424510- 81400020/5424510 REVIEWED AND APPROVED BY: Cover Memo Item # 1 Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 1 Request for Proposal Request for Proposals will be received at this office until Wednesday, December 11, 2013 @ 11:00 a.m. for furnishing: RFP Item #13-222 Central Monitoring Project for Marshal’s Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 RFP documents may be viewed on the Augusta, GA web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. A Mandatory Pre Bid Conference will be held on Friday, November 22, 2013 @ 10:00 a.m. in the Procurement Department, 530 Greene Street, Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, November 26, 2013 @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 90 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted with your RFP. A 100% performance bond and a 100% payment bond will be required for award. Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle October 31, November 7, 14, 21, 2013 Metro Courier November 6, 2013 Revised: 3/5/2013 Attachment number 1 \nPage 1 of 1 Item # 1 UNOFFICIAL VENDORS Attachment B E-Verify #Addendum 1-2 SAVE Form Original 7 Copies Fee Proposal Bid Bond Security 101 8601 Dunwoody Place Suite 101 Atlanta, GA 30350 Yes 511071 Yes Yes Yes Yes Yes Yes Tyco Simplex Grinnell 3243 Sunset Blvd. West Columbia, SC 29169 Yes 51396 Yes Yes Yes Yes Yes Yes RFP Opening RFP Item #13-222 Central Monitoring Project for Augusta, Georgia - Marshal's Department RFP Due: Wednesday, December 11, 2013 @ 11:00 a.m. The following vendor submitted a statement of "No Bid": GC & E Systems Group / 5835 Peachtree Corners East, Suite A / Norcross, GA 30092 Ice Automation / 301 Monument Street / Augusta, GA 30901 The following vendors did not respond: Tech Systems Inc / 3400 Corporate Way, Suite F / Duluth, GA 30096 Summit Systems / 1880 Enterprise Drive / Buford, GA 30518 Page 1 of 1 Attachment number 2 \nPage 1 of 1 Item # 1 EVALUATION CRITERIA: Security 101 8601 Dunwoody Place Suite 101 Atlanta, GA 30350 Tyco Simplex Grinnell 3243 Sunset Blvd. West Columbia, SC 29169 1. Cost 10 10 8 2. System(s) proposed 35 35 35 References 10 5 7 Years in Business 10 10 10 4. Installation Capability - Certified Technicians 25 19 22 5. Quality of RFP Response Documents 10 6 8 Total 100 85 90 Cumulative Evaluation Sheet RFP Item #13-222 Central Monitoring Project for Augusta, Georgia - Marshal's Department 3. Proposer Attachment number 3 \nPage 1 of 1 Item # 1 Attachment number 4 \nPage 1 of 3 Item # 1 Attachment number 4 \nPage 2 of 3 Item # 1 Attachment number 4 \nPage 3 of 3 Item # 1 Attachment number 5 \nPage 1 of 3 Item # 1 Attachment number 5 \nPage 2 of 3 Item # 1 Attachment number 5 \nPage 3 of 3 Item # 1 Attachment number 6 \nPage 1 of 2 Item # 1 Attachment number 6 \nPage 2 of 2 Item # 1 Attachment number 7 \nPage 1 of 2 Item # 1 Attachment number 7 \nPage 2 of 2 Item # 1 Public Safety Committee Meeting 5/27/2014 12:50 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the Public Safety Committee held on May 12, 2014. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 2 Attachment number 1 \nPage 1 of 2 Item # 2 Attachment number 1 \nPage 2 of 2 Item # 2 Public Safety Committee Meeting 5/27/2014 12:50 PM Upgrade of Palatine Technology Group EWI System Department:Information Technology Caption:Approve an upgrade for the current Electronic Warrant Interchange system from Palatine Technology Group. Background:When a person is arrested and booked, the arresting officer must obtain a warrant from the Warrants Office in the Judicial Center. This procedure was automated in 2009 when software from Palatine Technology Group (PTG) was implemented that eliminated the need for a deputy to go to the Warrants Office in person. The process involves the use of computer networks, computers, and video cameras in order to eliminate the travel component of the warrant process. Images as well as warrants are transmitted electronically so that the warrant can be obtained more quickly and the deputy can return to duty.The original contract with Palatine Technology Group was approved by the commission on March 17, 2009. Analysis:The original version of the Electronic Warrant Interchange (EWI) product has not had a significant upgrade since it was introduced in 2009. PTG has released a new version (version 5) which includes many enhancements to the product. These include: 1. Browser-based application using the latest web technology (it runs on an intranet and not public internet). 2. The entire application was rewritten and it is 300% faster than previous version. 3. All forms are generated in adobe PDF format (it no longer uses Microsoft Word). 4. The application includes an integrated spell checker. 5. The application supports mobile devices (including Laptops and Microsoft Surface Pro). 6. Built in SIP (Session Initiation Protocol) compliance Video Conferencing. 7. Enterprise version allows unlimited users to access EWI information from various stations and departments within the county. 8. Supports touch screen monitors to sign on screen instead of use of signature pads. 9. Can be used in Patrol cars or specialized unit such as DUI or Mobile Command Units. 10. Enhanced interface and business logic to improve error checking and system robustness. 11. Addition of Dashboard functionality to view all case information at a glance. 12. Support photo, document and video images to be added to case. 13. New Administrative module simplifies day to Cover Memo Item # 3 day operation of the system and provides tracking log that can be downloaded to Excel. Financial Impact:The project will cost $30,750, which is funded through approved IT Capital funds. Alternatives:N/A Recommendation:Approve an upgrade for the current Electronic Warrant Interchange system from Palatine Technology Group. Funds are Available in the Following Accounts: 272015410.5424220 REVIEWED AND APPROVED BY: Procurement. Information Technology. Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 3 SOFTWARE MAINTENANCE AGREEMENT 1 SOFTWARE LICESIG AD SERVICES AGREEMET This SOFTWARE LICENSING AND SERVICES AGREEMENT made and entered into effective the ____ day of _____________, 2014 between Palatine Technology Group (PTG), with its place of business at 6355 Topanga Canyon Blvd, Suite 205, Woodland Hills, CA 91367, and Augusta, Georgia, a political subdivision of the State of Georgia, with its place of business at 530 Greene Street, Augusta, GA U.S.A., 30911 (“Customer” or “Augusta” or “The City”) determines the obligations of PTG for the support and maintenance of Electronic Warrant Interchange Software (EWI). 1. Services Provided by PTG – During the term of this Agreement, PTG shall perform the services described in Appendix “A”, Electronic Warrant Interchange Upgrade Proposal, attached hereto and incorporated herein by reference to assist Customer in the maintenance and repair of the Electronic Warrant Interchange (EWI) Software, also known as the “Program”. Customer shall have access to the PTG help desk through telephone support service or by contacting technicians designated by PTG for EWI software. If an on-site visit is required to restore software to proper working order, PTG will report to the Customer’s location within a reasonable time frame upon receipt of contact by Customer (a technician would be dispatched to customer’s site on next business day if trouble call is received by 12:00 PM. For calls received after 12:00 PM a technician would be dispatched on following business day). If it is determined that the problem is not related to PTG and its software the customer will be billed accordingly for an on-site visit. 2. Fees and Charges – In consideration of PTG’ performance of its obligations hereunder, Customer shall pay PTG the fees and charges set forth in Appendix “A”. Fees and charges shall be paid to PTG in accordance with the schedule set forth in Appendix A. 3. Proprietary Rights and Licensing – PTG shall own the entire right, title and interest in and to all corrections, programs, information and work product conceived, created or developed, alone or with Customer or others, as a result of or related to the performance of this Agreement, including all proprietary rights therein or based thereon. The Customer acknowledges and agrees that all of the computer programs and associated documentation (collectively, the "Software") are owned exclusively by PTG and is protected by copyright laws. While PTG continues to own the Software, customer will have certain rights to use the Software after acceptance of this license. Customer agrees that the price paid for the Software is a license fee granting you only the rights set forth in this License Agreement. This license governs any releases, revisions, or enhancements to the Software that PTG may furnish by their sole discretion. Customer rights and obligations with respect to the use of this Software license are as follows: A. Customer may use the Software for each annual terms for which have paid the applicable fees. Upon the expiration of the current annual term, they will not be able to use the Software until the applicable fees for additional annual terms are paid. PTG shall provide at least 30-day notification that annual term is set to expire. The application alerts users that the license is about to expire 30 days prior to your license expiration date. B. Customer may not copy or make any changes or modifications to the Software, and may not translate, decompile, disassemble, or otherwise reverse engineer the Attachment number 1 \nPage 1 of 19 Item # 3 SOFTWARE MAINTENANCE AGREEMENT 2 computer program(s). Customer may not lend, rent, lease or sublicense the Software or any copy to others for any purpose. Customer may not use each licensed copy of the Software on more than one computer and agrees to use all reasonable efforts to protect the Software from unauthorized use, modification, reproduction, distribution or publication. C. Customer is not permitted to make any uses or copies of the Software that are not specifically authorized by the terms of this License Agreement, and PTG reserves all rights that are not expressly granted to Customer. 4. Customer’s Obligation – Customer shall provide PTG with all information, documentation and access to the Software and all equipment running the Software and all related telecommunication systems as PTG may require in order to perform the services set forth in Section 1 hereof. Customer shall designate to PTG an individual to serve as Customer’s primary contact with PTG with respect to the services to be provided by PTG under this agreement. Such individual will have the knowledge to relate the technical aspect of Software problems to PTG and receive, interpret and apply remedial instructions from PTG. Customer shall provide PTG with remote VPN client account and password for remote support and software updates. PTG will sign the Customer’s VP Vendor Access Agreement, verifying that the PTG will respect the integrity of Customer’s network and security protocols. Access to Customer network through the firewall will only be granted after said agreement has been signed. The VP Vendor Access Agreement is attached as Schedule B. Signature of this contract by PTG indicates PTG agreement with the conditions of the VP Vendor Access Agreement . 5. Negation of Warranty – PTG does not warrant the Software will meet or continue to meet the specifications or that any or all errors, malfunctions and defects can or will be corrected. All corrections, programs, information and services are provided on an “as is” basis, and there are no warranties, expressed or implied, including, but not limited to, any warranties of merchantability or fitness for particular purpose. The provisions of this paragraph shall not be construed to relieve PTG of any or all obligations arising under Paragraph “1” of this Agreement. PTG specifically agrees to exert its best efforts to correct any or all errors, malfunctions, or defects. 6. No Infringement Indemnification – PTG shall have no liability to Customer for the infringement of any proprietary rights as a result of or related to this Agreement or to any services provided to Customer by PTG hereunder. Customer shall have no liability to PTG for the infringement of any proprietary rights as a result of or related to this Agreement. PTG acknowledges that this Agreement and certain documentation may be subject to the Georgia Open Records Act (O.C.G.A. § 50-18-70, et seq.). PTG shall cooperate fully in responding to such requests and shall make all records, not exempt, available for inspection and copying as required by law except company Trade Secret and proprietary information. PTG shall clearly mark any information provided to City which PTG contends is Proprietary Information. PTG shall notify Customer immediately of any Open Records request arising out of this contract and shall provide to Customer a copy of any response to the same. Attachment number 1 \nPage 2 of 19 Item # 3 SOFTWARE MAINTENANCE AGREEMENT 3 7. Limitation of Liability – PTG shall not be liable to Customer for any damages resulting from or related to the services performed by PTG hereunder, including, but not limited to, any loss of data or software, inability of PTG to correct any errors, malfunctions and defects in the Software, or delay of PTG in performing any services hereunder. In no event shall PTG be liable to Customer for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement, even if PTG has been advised of the possibility thereof, knew or should have known thereof, except where gross negligence on the part of PTG can be demonstrated. PTG’ liability hereunder to Customer, if any shall in no event exceed the total of fees and charges paid to PTG under this Agreement by Customer. 8. Liquidated Damages: Due to the special nature of this licensing agreement and the other remedies provided in this agreement, the parties agree that liquidated damages are not applicable. 9. Specified excuses for delay or non-performance: Vendor is not responsible for delay in performance caused by acts of nature, strikes, lockouts, accidents, or other events beyond the control of Vendor. In any such event, the contract price and schedule shall be equitably adjusted. 10. Hold harmless: Except as otherwise provided in this agreement, Vendor shall indemnify and hold harmless Augusta, GA, and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from the performance of its Work. 11. Termination and Expiration A. Events of Default. Each of the following events shall constitute an “Event of Default”: 1). The Vendor shall fail to observe, perform or comply with any material term, covenant, agreement or condition of this Agreement which is to be observed, performed or complied with by the Vendor, if such failure continues uncured for thirty (30) calendar days after the City gives the Vendor written notice of the failure and the specific nature of such failure. 2). The Vendor shall commit any fraud, misrepresentation, breach of fiduciary duty, willful misconduct, or intentional breach of any provision of this Agreement. B. Termination Upon Event of Default. Failure of the Vendor, which has not been remedied or waived, to perform or otherwise comply with a material condition of the Agreement shall constitute default. Augusta may terminate this contract in part or in whole upon written notice to the Vendor pursuant to this term. C. Expiration. Unless extended as provided for herein, this Agreement shall naturally expire on the Completion Date. D. Payment Upon Termination. Upon a termination of this Agreement, the City shall pay to the Vendor the part of the Compensation which would otherwise be payable to the Vendor with respect to the Services which had been adequately completed as of the date of termination, less the amount of all previous payments with respect to the Compensation. E. Termination by Vendor: Vendor may terminate this Agreement only upon the substantial breach by the City of a material provision of this Agreement Attachment number 1 \nPage 3 of 19 Item # 3 SOFTWARE MAINTENANCE AGREEMENT 4 including failure to pay. F. Termination for Convenience: Upon advance written notice to Vendor, the City may, without cause and without prejudice to any other right or remedy of Vendor, elect to terminate the Agreement. In such case, Vendor shall be paid (without duplication of any items): 1). For completed and acceptable work executed in accordance with the terms of the agreement prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such work; 2). For expenses incurred prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the contract documents in connection with uncompleted work, plus fair and reasonable sums for overhead and profit on such expenses; 3). For all claims, costs, losses and damages incurred in settlement of terminated contracts with subcontractors, suppliers and others, and; for reasonable expenses directly attributable to termination. G. Termination by Either Party. In the event of termination of this Agreement by either the City or the Vendor, both agree to the following: 1). City shall destroy/delete the Program(s) as defined herein, together with all copies, modifications and merged portions, or 2). Return the Program(s) together with all copies, modifications and merged portions to Vendor, or 3). City may continue to use the Program(s) with the permission of the Vendor, with no expectation of continued maintenance, support, update, or upgrade. 4). In cases referenced according to items A and B above, Vendor shall certify in writing that all proprietary information, data, schema, or documentation belonging to City have either been returned to Licensee or destroyed and vice versa. 12. Notices – All notices, which are required or may be given pursuant to the terms of this Agreement, shall be in writing. Any such notice shall become effective (i) upon personal delivery thereof, including, but not limited to, delivery by overnight mail and/or courier service, (ii) four days after it shall have been mailed by certified or registered first class mail, postage prepaid, return receipt requested, to be notified as follows: If to PTG: Palatine Technology Group Contract Administrator 6355 Topanga Canyon Blvd, Suite 205 Woodland Hills, CA 91367 Telephone 800-610-7897 FAX 888-347-1281 Attachment number 1 \nPage 4 of 19 Item # 3 SOFTWARE MAINTENANCE AGREEMENT 5 If to Customer: Office of the Administrator Augusta, Georgia 530 Greene Street Augusta, GA 30901 And Tameka Allen, IT Director 530 Greene Street, A-101 Augusta, GA 30901 T: 706.821.2522 F: 706.821.2530 Or at such other address a party may from time to time designate in a notice to the other party. 13. Counterparts – This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 14. Assignment – Customer may not assign or transfer this Agreement or Customer’s rights and obligations hereunder without PTG’ prior written consent. PTG may not assign or transfer this Agreement or Customer’s rights and obligations hereunder without Customer’s prior written consent. 15. Jurisdiction and Venue - The laws of the State of Georgia shall govern the agreement between Augusta, GA and the Vendor with regard to its interpretation and performance, and any other claims related to this agreement. All claims, disputes and other matters in question between Augusta, GA and the Vendor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Vendor, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. 16. Entire Agreement – This Agreement and all Exhibits, Addenda, Amendments, Attachments, Appendix, and Schedules attached hereto are hereby incorporated by reference and shall be deemed to be a part of this Agreement for all purposesand constitute the sole and entire agreement between the parties relating to the subject matter hereof. 17. Waivers and Amendments – This Agreement may be amended, superseded, canceled, renewed or extended, and only a written instrument signed by each of the parties hereto or, in the case of waiver, by the party waiving compliance, hereof may waive the terms. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, Attachment number 1 \nPage 5 of 19 Item # 3 SOFTWARE MAINTENANCE AGREEMENT 6 power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. 18. Binding Effect – This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 19. Schedules and Exhibits Part of Agreement – The schedules referred to herein shall be deemed part of this Agreement as fully and effectively as if set forth herein. 20. Severability – If any provision of this Agreement or the application thereof shall for any reason be invalid or unenforceable, such provision shall be limited only to the extent necessary in the circumstances to make such provisions valid and enforceable and its partial or total invalidity or unenforceability shall in any event not affect the remaining provisions of this Agreement which shall continue in full force and effect, provided any provision of this Agreement held to be invalid or unenforceable is not essential to the parties receiving the economic benefit contemplated by this Agreement. 21. Time is of the Essence – Time is of the essence of this Agreement. 22. System Acceptance. “System Acceptance” as used herein means the date on which all of the following events have taken place: A. 30 calendar days have passed since “Go-Live”, which is the date on which the system is implemented ready for business use. B. All System Requirements have been successfully completed or PTG and the Customer have mutually agreed to complete them within a specific time period defined for each specification/issue. The demonstration of the delivered solution meeting all System Requirements is the PTG’s right and responsibility. In the event that arrangements have been made to complete some of the System Requirements at a later date, this must be with the written approval of the Director of Information Technology and the Chief Official of the customer department or office, whose operations would be impacted by the inability of PTG to fully implement their software. C. Complete and Final payment to PTG will not take place until System has been accepted. 23. Technical Support - The Customer is entitled to 7x24x365 support as long as valid licenses are maintained for the entire system. The Maintenance Agreement for this system is found as Schedule C of this contract. 24. Temporary suspension or delay of performance of contract - To the extent that it does not alter the scope of this agreement, Augusta, GA may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by Vendor under this agreement. 25. Defective pricing - To the extent that the pricing provided by Vendor is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. 26. Augusta, GA Procurement Provisions Attachment number 1 \nPage 6 of 19 Item # 3 SOFTWARE MAINTENANCE AGREEMENT 7 A. Prohibition against contingent fees: Vendor is prohibited from directly or indirectly advocating in exchange for compensation that is contingent in any way upon the approval of this contract or the passage, modification, or defeat of any legislative action on the part of the Augusta, Georgia Commission. Vendor shall not hire anyone to actively advocate in exchange for compensation that is contingent in any way upon the passage, modification, or defeat of any contract or any legislation that is to go before the Augusta, Georgia Commission. B. Acknowledgement regarding contractual obligations of Augusta, Georgia: Vendor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Vendor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Vendors' provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that Vendor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Vendor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if Vendor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Vendor. Vendor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. C. Georgia E-Verify Requirements: All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. Vendor agrees to provide their E-Verify number and to be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. Additionally, Vendor agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia Vendor will secure from such subcontractor(s) each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. Vendor agrees to maintain records of such compliance and provide a copy of each such verification to Attachment number 1 \nPage 7 of 19 Item # 3 SOFTWARE MAINTENANCE AGREEMENT 8 Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services. D. Georgia Prompt Pay Act not applicable: The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. E. Right to inspect premises: Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of Vendor or any subcontractor of Vendor or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. F. Local Small Business Language: In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Vendor agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1- 10-129(d)(7), the contractor is required to provide local small business utilization reports. Vendor shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of minority and small business opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment. G. Right to Modify Proposal Based on Mutual Agreement of the Parties: Provided that Augusta, Georgia and the Vendor mutually agree to a modification in the requirements of a proposal based on developments or changes that are observed or discovered in the course of the project, modifications can be made if there is no change in cost that shall exceed the amount approved by the Augusta Commission. Notwithstanding this provision, conditions that violate article 7 above have precedent and shall require additional consideration by the Augusta Commission. I WITESS WHEREOF , each of the parties hereto has caused this Agreement to be executed by an officer thereunto duly authorized as of the _______________. _____________________________ _____________________________ (Print Name) Print Name (Deke S. Copenhaver) _____________________________ _____________________________ (Signature) (Signature) ______________________________ Mayor, City of Augusta (Title) (Title) Palatine Technology Group Attachment number 1 \nPage 8 of 19 Item # 3 SOFTWARE MAINTENANCE AGREEMENT 9 Attest: _____________________________ Clerk of Commission _____________________________ Attachment number 1 \nPage 9 of 19 Item # 3 SOFTWARE MAINTENANCE AGREEMENT 10 Appendix A SCOPE OF WORK Palatine Technology Group intends to perform an upgrade to the newest version of their Electronic Warrant Interchange (EWI) Software. Augusta implemented the current version of EWI in 2009. The current version is a Microsoft Windows application which is based on technology that is over 10 years old, and which is scheduled for obsolesce effective Jan. 1, 2015. In addition, the video conferencing component that is currently installed in Augusta is obsolete and is no longer supported on Windows 7 and 8. The new version of EWI offers the following enhancements: 1. Browser-based application and used the latest web technology (it runs on an intranet and not public internet). 2. The entire application was rewritten and it is 300% faster than previous version. 3. All forms are generated in adobe PDF format (it no longer uses Microsoft Word). 4. The application includes an integrated spell checker. 5. The application supports mobile devices (including Laptops and Microsoft Surface Pro). 6. Built in SIP (Session Initiation Protocol) compliance Video Conferencing. 7. Enterprise version allows unlimited users to access EWI information from various stations and departments within the county. 8. Supports touch screen monitors to sign on screen instead of use of signature pads. 9. Can be used in Patrol cars or specialized unit such as DUI or Mobile Command Units. 10. Enhanced interface and business logic to improve error checking and system robustness. 11. Addition of Dashboard functionality to view all case information at a glance. 12. Support photo, document and video images to be added to case. 13. New Administrative module simplifies day to day operation of the system and provides tracking log that can be downloaded to Excel. COST AD PAYMETS The proposed cost of the upgrade project is found on the following page: Payment will be made according to the following breakdown: · 50% of project total at contract signing · 50% of project total at implementation (10 days after customer acceptance) The cost of annual maintenance will increase by $2500.00 over the current amount. Attachment number 1 \nPage 10 of 19 Item # 3 SOFTWARE MAINTENANCE AGREEMENT 11 Attachment number 1 \nPage 11 of 19 Item # 3 SOFTWARE MAINTENANCE AGREEMENT 12 Appendix B Vendor Remote Network Access Policy and Procedures Purpose The purpose of this policy is to ensure that a secure method of connectivity is provided between Augusta Georgia and the vendor and to provide guidelines for the use of the network and computing resources associated with the remote connectivity in order to ensure the safety, integrity, and operability of Augusta, Georgia Information Systems. Scope This policy applies to all Augusta, Georgia systems, application and/or servers/devices requiring support by external vendors on behalf of Augusta, Georgia. Definitions A Virtual Private Network (VPN) provides a secure network connection over the Internet between an individual and a private network (164 bit encryption). By utilizing the public Internet for data transport, VPN provides a low cost solution to remote access or connectivity. Policy A. Vendor Remote Access Request and Approvals All requests for remote access for vendors must be made in advance through the Project Leader responsible for the vendor. It is the Project Leader’s responsibility to ensure that the vendor has provided all of the required information in the proper format. All vendor remote access requests must first have the Assistant Director of the Business Application Services signature for approval as well as the Director of Information Technology. As part of the request and approval process, the technical and administrative contact within the vendor’s organization or someone at a higher level within the company will be required to read and sign the VPN Access policy form and any additional documents, such as the Augusta, Georgia Non-Disclosure Agreement. Once Vendor Remote Access has been approved, it is valid until changes in this policy or technology make it necessary, in Augusta’s estimation, to require a new form to be filed. Remote Access will only be available to Vendors that have signed Annual Support and Maintenance Contracts with Augusta. B. Connectivity 1. The vendor will be required to use Augusta, Georgia’s standard method for connecting to the network. The current standard method is Cisco’s VPN client. 2. The vendor will be given a unique user ID and password to authenticate the VPN access. The password may be subject to regular changes. Attachment number 1 \nPage 12 of 19 Item # 3 SOFTWARE MAINTENANCE AGREEMENT 13 3. Only one person may be connected to the VPN at any given time. 4. Access will be restricted to only the servers located in IT that were approved for the vendor. 5. Access will be restricted to only the ports necessary for connectivity. 6. Access will not be open 24/7. The vendor must request access every time it is necessary and only during business hours of 8:30am – 5:00pm EST. Access outside of these hours may be requested but will need additional approval and will be handled on a case by case situation. C. Vendor Request Process 1. The vendor will contact the Project Leader to request access. 2. The Project Leader is responsible for logging the request for access and justification in the change control log. 3. The Project Leader will document reason for access and email Firewall Administrators to have the VPN opened. 4. A firewall administrator will open the VPN and reply to the Project Leader’s email notifying them it has been opened. 5. Once the vendor has completed their work and the application has been tested, they will notify the Project Leader that the work is complete. D. etwork Security 1. Vendor will allow only the vendor’s employees approved in advance by Augusta, Georgia to access the network connection. Vendor shall be solely responsible for ensuring that Authorized Vendor Employees are not security risks, and upon Augusta, Georgia’s request, Vendor will provide Augusta, Georgia with any information reasonably necessary for Augusta, Georgia to evaluate security issues relating to any Authorized Vendor Employee. 2. Vendor will promptly notify Augusta, Georgia whenever any Authorized Vendor Employee leaves the Vendor’s employ or no longer requires access to the Network Connection. 3. Each party will be solely responsible for the selection, implementation and maintenance of security procedures and policies that are sufficient to ensure that (a) such party’s use of the Network Connection is secure and is used only for authorized purposes, and (b) such party’s business records and data are protected against improper access, use, loss, alteration or destruction. 4. Vendor shall notify Augusta, Georgia in writing promptly upon a change in the user base for the work performed over the Network Connection or whenever in vendor’s opinion a change in the connection and/or functional requirements of the Network Connection is necessary. E. Protection of Augusta, Georgia Private Information and Resources The Augusta, Georgia network support group responsible for the installation and configuration of a specific vendor connection must ensure that all possible measures have been taken to protect the integrity and privacy of Augusta, Georgia confidential information. At no time should Augusta, Georgia rely on access/authorization control mechanisms at the vendor’s site to protect or prohibit access to Augusta, Georgia confidential information. Attachment number 1 \nPage 13 of 19 Item # 3 SOFTWARE MAINTENANCE AGREEMENT 14 Augusta-Richmond County shall not have any responsibility for ensuring the protection of vendor information. The vendor shall be entirely responsible for providing the appropriate security measures to ensure protection of their private internal network and information. F. Audit and Review of Vendor etwork Connections All aspects of the vendor network connections up to, but not including Augusta-Richmond County firewall, will be monitored by the appropriate IT staff. Where possible automated tools will be used to audit tasks. Monthly reports should be generated on the authentication database showing the specific login entries. All vendor network connections will be reviewed on a quarterly basis and information regarding specific vendor network connection will be updated as necessary. Obsolete vendor network connections will be terminated following confirmation with the Project Leader that the connection is indeed obsolete. G. Augusta, Georgia IT Security Augusta, Georgia IT Security has the responsibility for maintaining related policies and standards. IT Security will also provide advice and assistance regarding judgment calls, and will facilitate information gathering in order to make a correct decision. H. Enforcement Any vendor found in violation of this policy will be subject to, but not limited to, loss of VPN privileges and other action up to and including dissolution of contract and/or legal action if Augusta systems are compromised. Attachment number 1 \nPage 14 of 19 Item # 3 SOFTWARE MAINTENANCE AGREEMENT 15 VPN Access Request Form Request for remote access to the Augusta-Richmond County network. Vendor Information (please print) Vendor ame: Palatine Technology Group Vendor Representative: Edwin Mansoori Title: President Phone: Work: 800-610-7897 Cell: 678-232-9068 Technical Support Representative: Michael Lan Title: Systems Engineer Phone: Work: 800-610-7897 Cell: 404-368-7007 After hours: 877-439-4787 Business Hours: 9 to 5 PST Support 8x7x365 Servers requested for access: 10.10.200.63 10.10.5.173 Vendor’s IP address(es): 76.79.135.186 Have Cisco vpn client? Yes X No Vendor’s etwork Firewalled? Yes X No Anti-Virus Software: ESET Ver. # 6.0.316.0 Anti-Virus Signature version and date: Signature database is updated daily Agreement I have read and agree to the Policy & Guidelines set forth for Vendor VPN access. ___________________________________ ________________________ (Date) Authorization ____________________________________ ________________________ (Project Leader’s signature) (Date) ___________________________________________ ________________________ (IT Director’s signature) (Date) Attachment number 1 \nPage 15 of 19 Item # 3 SOFTWARE MAINTENANCE AGREEMENT 16 Attachment number 1 \nPage 16 of 19 Item # 3 SOFTWARE MAINTENANCE AGREEMENT 17 Appendix C SOFTWARE MAITEACE AGREEMET THIS AGREEMENT (hereinafter the "Agreement") is made this ______ day of ______________, 2014, (the "Effective Date") by and between Augusta, GA a political subdivision of the State of Georgia, with its place of business at 530 Greene Street, Augusta, GA U.S.A., 30911 (herein referred to as “Customer”) and Palatine Technology Group (herein referred to as “PTG”) with its place of business at 6355 Topanga Canyon Blvd, Suite 430, Woodland Hills, CA 91367. WHEREAS, PTG and Customer have entered into a certain license agreement (the " Software Licensing and Services Agreement") pursuant to which PTG agrees to license to Customer a software system known as Electronic Warrant Interchange (EWI) Software (hereinafter the "System") as specified in the License Agreement; WHEREAS, PTG desires to maintain, and Customer desires to obtain the maintenance of, the System on the terms and conditions hereinafter provided; 1. Maintenance Services The maintenance services to be hereunder (the "Maintenance Services") shall consist of: (a) technical or operational assistance provided by PTG to Customer relating to the System or enhancements thereto and (b) distribution by PTG to Customer at no charge of enhancements to the System which may be developed from time to time by PTG. These are described in detail as follows. PTG shall provide Customer with and/or shall maintain at minimum: · Unlimited telephone support on a toll free (800 number) with direct connect to PTG technical support. · Technical support available Monday through Friday from 8:00AM to 8:00PM Eastern Standard Time (EST). · Technical Support shall respond with replies within one hour. · All program updates and releases, including new features to existing system, additional reports, and product enhancements. · Support for hardware items that were specifically procured for this solution, with the exception of network connections, server(s), or client PCs and their associate operating systems. This support includes express replacement of video conferencing camera and signature pads. (we no longer provide advance replacement) 2. Additional Services At the request of Customer, and with the consent of PTG, PTG may also provide technical, operational or other assistance or consulting to Customer in excess of the amount included as the Maintenance Services at PTG's standard hourly rates then in effect. Such assistance shall be subject to written approval of the Customer and shall be performed in consultation with the Customer’s Information Technology Department so that any impact on performance of software and/or hardware can be evaluated. Attachment number 1 \nPage 17 of 19 Item # 3 SOFTWARE MAINTENANCE AGREEMENT 18 3. Conditions The termination of the License Agreement, or of the license granted therein, shall automatically result in the termination of this Agreement. PTG MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OF ANY KIND WHATSOEVER, AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED BY PTG AND WAIVED BY CUSTOMER. PTG SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT PTG'S MAXIMUM LIABILITY TO CUSTOMER HEREUNDER SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY CUSTOMER TO PTG HEREUNDER DURING THE IMMEDIATELY PRECEDING TWELVE MONTHS. 4. Confidentiality PTG acknowledges that in the course of providing the Maintenance Services, or other services provided hereunder, PTG, or its employees or consultants, may be supplied with or come into possession of information which is proprietary to Customer including information as to customers, methods of doing business or operations. PTG hereby agrees that it will keep all such information confidential, and will disclose such information to no other person. In addition, PTG agrees to take such action as may be necessary or appropriate by way of agreement with, and instruction to, its employees so as to maintain the confidentiality of such information of Customer. Inquiries regarding PTG Software, Services, and Documentation shall be subject to the Georgia Open Records Act as specified in the Software Licensing and Services Agreement. Customer agrees to safe keep computer code and programs and business process used in Electronic Warrant Interchange and not to provide screenshots and PTG proprietary information to third parties. 5. Online Support PTG shall provide access to Customer’s network and PTG Software servers through an Internet connection provided that the PTG has signed and complied with the Vendor VP Access Agreement which is included in the Software Licensing and Services Agreement. 6. Precedence of Agreements To the extent that there is a conflict between this agreement and the Software Licensing and Services Agreement, the latter shall be considered to have precedence over this agreement. 7. Maintenance Fees During the term commencing on the Acceptance Date, as defined in the License Agreement, and continuing as long as all software maintenance agreement fees are current, PTG shall provide the Maintenance Services to Customer for a fee payable annually on each Anniversary Date in advance. At least thirty (30) days prior to each Anniversary Date PTG shall notify Customer of the yearly maintenance fee to be charged by PTG for the next succeeding year, whereupon, unless Customer notifies PTG in writing that this Agreement shall terminate on the Anniversary Date, this Agreement Attachment number 1 \nPage 18 of 19 Item # 3 SOFTWARE MAINTENANCE AGREEMENT 19 shall be extended and renewed for an additional period of one year at the fee so specified by PTG. The cost of the software maintenance contract is based on the type and number of modules installed. Fees shall increase at no more than a nominal amount per year (if at all) if there are no additional license and/or module purchases by the Customer. License and/or Module purchases that occur within a maintenance period shall be pro-rated for the remainder of the maintenance period, and shall be included in full on the following year’s maintenance cost. 8. Renewal of Maintenance Agreements The term of this Agreement shall commence on the date of signing of all parties to the agreement and shall be in effect for a period of twelve months, unless sooner terminated as provided herein. Agreement shall renew for successive 12-month periods unless sooner terminated as provided herein. I WITESS WHEREOF , each of the parties hereto has caused this Agreement to be executed by an officer thereunto duly authorized as of the _______________. ______________________________ _____________________________ (Print Name) Print Name (Deke Copenhaver) ______________________________ _____________________________ (Signature) (Signature) ______________________________ Mayor, City of Augusta (Title) (Title) Palatine Technology Group ________________________________ _____________________________ Date Date Attest: _____________________________ Clerk of Commission Signature _____________________________ Attest Date Attachment number 1 \nPage 19 of 19 Item # 3 Attachment number 2 \nPage 1 of 4 Item # 3 Attachment number 2 \nPage 2 of 4 Item # 3 Attachment number 2 \nPage 3 of 4 Item # 3 Attachment number 2 \nPage 4 of 4 Item # 3