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HomeMy WebLinkAbout2015-04-14-Meeting Mintues Public Safety Committee Meeting Commission Chamber - 4/14/2015 ATTENDANCE: Present: Hons. Lockett, Chairman; Sias and Smith, members. Absent: Hons. Hardie Davis, Jr., Mayor; Harris, Vice Chairman. PUBLIC SAFETY 1. Amend the Public Safety Ordinance to make it illegal to place a basketball goal in the streets/cul-de-sac(s) or on the right-of-way whereas the players are in the street. Basketball goals in the street constitutes a very real danger to both the children and vehicle operators. (Requested by Commissioner Sias) Item Action: Disapproved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Commissioner Sammie Sias Dies for lack of Second Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Mr. Sias votes No. Motion Fails 2-1. Commissioner Grady Smith Commissioner William Lockett Fails 2. Request the Fire Chief provide information concerning risks and dangers associated with the loss of the (fire fighting) tractor that was removed from Richmond County by the Georgia Forestry Service. Request that GA Forestry Service again station a (fire fighting) tractor in Richmond County. Discuss and develop an alternate plan in case the Forestry Service cannot replace the tractor that was removed from Richmond County. (Requested by Commissioner Sias) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve directing the Fire Chief to complete a dialogue for determining a location in Richmond County for a tractor that will be provided by the Georgia Forestry Service. Motion Passes 3-0. Commissioner Sammie Sias Commissioner William Lockett Passes Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Substitute motion to approve receiving this item as information and ask the Fire Chief to meet with the Administrator to determine if there are other options. Commissioner Grady Smith Dies for lack of Second 3. Motion to approve the minutes of the Public Safety Committee held on March 10, 2015. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Sammie Sias Commissioner Grady Smith Passes 4. Presentation from the Public Defender's Office. (Requested by Commissioner Fennoy) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Motion to approve tasking Ms. Mason to coordinate www.augustaga.gov Approve with the Administrator to find a location and develop a proposal for relocating the office. Motion Passes 3-0. Commissioner Sammie Sias Commissioner Grady Smith Passes 5. Approve the replacement of obsolete technology equipment (desktops, laptops, servers, scanners and printers, etc.) that have reached their end of life cycle and purchase any required computer software upgrades. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Sammie Sias Commissioner Grady Smith Passes 6. Approve selection of CJT, Inc. for Richmond County Probate Court Software Solution. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Grady Smith Commissioner William Lockett Passes Public Safety Committee Meeting 4/14/2015 1:15 PM Attendance 4/14/15 Department: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Public Safety Committee Meeting 4/14/2015 1:15 PM Basketballs Goals in the Street Department:Clerk of Commission Caption:Amend the Public Safety Ordinance to make it illegal to place a basketball goal in the streets/cul-de-sac(s) or on the right-of-way whereas the players are in the street. Basketball goals in the street constitutes a very real danger to both the children and vehicle operators. (Requested by Commissioner Sias) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Public Safety Committee Meeting 4/14/2015 1:15 PM Fire Department Tractor Department:Clerk of Commission Caption:Request the Fire Chief provide information concerning risks and dangers associated with the loss of the (fire fighting) tractor that was removed from Richmond County by the Georgia Forestry Service. Request that GA Forestry Service again station a (fire fighting) tractor in Richmond County. Discuss and develop an alternate plan in case the Forestry Service cannot replace the tractor that was removed from Richmond County. (Requested by Commissioner Sias) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Public Safety Committee Meeting 4/14/2015 1:15 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the Public Safety Committee held on March 10, 2015. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Public Safety Committee Meeting 4/14/2015 1:15 PM Public Defender's Office Department:Clerk of Commission Caption:Presentation from the Public Defender's Office. (Requested by Commissioner Fennoy) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Public Safety Committee Meeting 4/14/2015 1:15 PM Replacement of Obsolete Technology Equipment Department:Information Technology Caption:Approve the replacement of obsolete technology equipment (desktops, laptops, servers, scanners and printers, etc.) that have reached their end of life cycle and purchase any required computer software upgrades. Background:In an effort to provide the employees of Augusta Richmond County with current technology, the Information Technology Department (IT) schedules replacement of EOL (end of life) devices that, due to their age and capabilities, are not compatible with current standards and are unable to support the current software requirements. Information Technology has developed an IT Technology Replacement Plan that schedules the replacement of obsolete computers every 4 - 5 years and printers every 5-6 years, the normal life expectancy for the equipment. The replacement of desktops will consist of all computers that are not capable of operating the current software needs and the scheduled printers, laptops, servers, and scanners. Information Technology is also continuing with the standardization of current operating systems and Microsoft Office products throughout the organization. Therefore, required computer software upgrades may need to be purchased for the computers that are not scheduled for replacement. All technology equipment removed from production will be disposed of in accordance with technology disposal policy. Qualified equipment such as functional PC’s that meet a determined specification will be sold in the Employee Lottery, and all other functional equipment will be taken to Fleet for sale in the county auction process. All data will be erased from any device accordingly. Analysis:Currently there are over 2,700 desktops and laptops deployed throughout the city. The life expectancy of a computer is 4-5 years and the life expectancy of a laptop is 6 years. In some cases, these computers, servers and printers are incapable of processing the software required by today’s business environment. We have determined that some Hewlett Packard printer models over 7 years old are not capable of printing documents of acceptable quality. These items will be purchased from state contract (99999-SPD- T20120702-0003) and/or the required procurement process. Other options were reviewed for the most cost effective solution, to include leasing, and this was found to be the best cost solution. Financial Impact:The total estimated cost for the technology replacements is $502,000. Funds for these replacements are included in the Information Technology 2015 Capital Budget. Alternatives:Leave existing devices in place. However, this will increase the cost of replacements in future budgets and will affect other technology related implementations. Recommendation:Approve the replacement of obsolete technology equipment (laptops, computers, servers, printers, scanners, switches, routers, and other telecommunication devices) and purchase of any required computer software upgrades. Funds are Available in the Following Accounts: 272015410-5316220(desktops) 272015410-5316230(laptops) 272015410-5316260(printers) 272015410-5424210(servers) 272015410-5316250 (peripherals) 272015410-5424210 (servers) 272015410-5232111 (telephone-other) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Probate Court Software Implementation Budget Summary Capital Cost Cost Item Cost Funded By Initial Installation / Implementation Fee 20,000.00$ IT Capital Import of Data from Existing System 3,200.00$ IT Capital Custom Programming for Case Numbering 2,250.00$ Export of Data from Existing System (work performed by Palmetto Microfilm)3,852.00$ IT Capital Total Capital 29,302.00$ Operating Cost (Starting Year 2) Cost Item Cost Funded By Annual Support 4,800.00$ IT Operating Total Annual Operating Cost 4,800.00$ Customer Initials & Date ___________ 1 CJT Software, Inc. License for Web-Based Application and Support Agreement This License for Web-Based Application and Support Agreement (this “Agreement”) is entered into as of the day of , 2015 (the “Effective Date”) between Augusta, Georgia, a political subdivision of the State of Georgia, with its place of business at 535 Telfair Street, Augusta, GA U.S.A., 30901 (“Customer”) and CJT Software, Inc., a Georgia corporation having its principal offices at 113 Mountain Brook Drive, Suite 200, Canton, Georgia 30115 (“CJT”). 1. DEFINITIONS In addition to capitalized terms later defined herein, the following capitalized terms shall have the following meanings: (a) “Customer” means the court or other entity which has accepted this Agreement and licensed the Application. (b) “Deliverables” means the Products and the Services (as those terms are defined below). (c) “Documentation” means the user documentation and any other operating, training, and reference manuals relating to the use of the Application, as supplied by CJT to Customer, including any modifications and derivative works thereof. (d) “Error” means a substantial reproducible failure of the Application to conform to the specifications set forth in the applicable end user Documentation. (e) “Error Correction” means either a modification or addition to, or deletion from the Application that, when made to such Application, establishes substantial conformity of such Application to the specifications therefore as set forth in the applicable end user Documentation, or a procedure or routine that, when observed in the regular operation of the Application, eliminates the practical adverse effect of such Error on Customer and is indicated by a change in the third digit of a version number, e.g. from 5.0.1 to 5.0.2. (f) “Attachment” means an attachment or addendum to this Agreement which has been designed for a specific purpose, approved through Augusta Procurement and Administrative procedures, and is signed by both parties and incorporated herein by this reference. (g) “Major Release” means a revision to the Application that is not separately marketed by CJT as indicated by a change in the first digit of a version number, e.g., from 4.0.0 to 5.0.0. (h) “Minor Release” means a revision to the Application which is not separately marketed by CJT as indicated by a change in the second digit, e.g., from 4.0.0 to 4.1.0. (i) “Products” means the Application, Documentation and any hardware purchased by Customer from CJT (the “Hardware”). (j) “Release” means either a Major Release or a Minor Release. (k) “Services” means the Support Services, Training Services, Integration Services, Additional Services (if any are ordered by Customer), and any other services provided by CJT to Customer pursuant to this Agreement or an Attachment. (l) “Application” means access to the CJT program with which this license is distributed as set forth on an Attachment. (m) “Users” means Customer’s employees who are permitted to use the Application as described in Section 2 below and as may be limited by an Attachment. 2. LICENSE OF APPLICATION 2.1. Subject to the terms and conditions of this Agreement, including, without limitation, the payment of any “License and Maintenance Fees” (as defined in Section 8) and any Customer Initials & Date ___________ 2 additional restrictions set forth on the applicable Attachment for the Application, CJT hereby grants to Customer a non-exclusive, non-transferable license during the “Initial Term” and any “Renewal Terms” (each defined in Section 11 below): (a) to use, and allow Users to use, the Application in executable code form only, with the number of copies designated on the Attachment, for Customer’s internal, in- house purposes only to access and process Customer’s data, which will be stored on CJT’s cloud server; (b) to use the Documentation as reasonably necessary for Customer’s internal use related to the Application license granted under subsection (a) above. 2.2 Customer is responsible for all use of Customer’s account and maintaining the confidentiality of all usernames, passwords and related information. Customer hereby covenants that Customer will not permit the sharing of usernames, passwords and account numbers and related information by Customer’s employees, agents, independent contractors, officers, managers, directors or other affiliated entities; provided, however, if a User leaves Customer’s employ or transfers to an unrelated position in Customer’s employ, Customer may designate a replacement User without charge. When selecting usernames, Customer shall select unique usernames and such usernames shall not be obscene, defamatory, harassing, offensive or malicious. 2.3. Customer agrees that any additional Application or services purchased by Customer that are not accompanied by a corresponding agreement at the time of purchase or access will be covered under the terms of this Agreement. 3. RESERVATION OF RIGHTS CJT reserves all rights not expressly granted herein. Customer and Users may use the Application and Documentation only to access and process Customer’s own data and may not: (i) use, or permit any third party to use, the Application or Documentation for time-sharing, rental, or service bureau purposes; (ii) copy, modify, sublicense, distribute, transfer, transmit or translate the Application or Documentation; or (iii) reverse engineer, decompile, disassemble or obtain possession of any source code or other technical material relating to the Application except only and to the extent otherwise permitted by applicable law. Customer shall not remove any proprietary notices on the Application and Documentation and shall affix all proprietary notices affixed to the original Application and Documentation delivered to Customer to all copies of the Application and Documentation permitted to be made hereunder. Customer shall take reasonable efforts to ensure that the Users adhere to the terms of this Agreement, including without limitation the terms of Sections 2, 3 and 12 hereof. Customer agrees to be responsible for any of Customer’s employee’s breach of the terms hereof. 4. INTEGRATION SERVICES If purchased by Customer and as set forth on an Attachment, CJT will provide a link to the Application to Customer and integrate and configure such Application at Customer’s location(s) (“Integration Services”). If Customer purchases Hardware from CJT, Integration Services may include installation of the Hardware, if set forth on the applicable Attachment. The date that CJT completes the foregoing Integration is referred to as the “Integration Date.” All other quoted Integration dates, including dates related to terms such as “Integration,” “completion of training” and “live,” if any, are estimates only and shall not constitute obligations of CJT. 5. TRAINING SERVICES If Customer has paid training fees associated with the Application as set forth on an Attachment (“Training Fees”), CJT shall provide the Training Services, for the number of days and designated Users, as set forth on the Attachment. Customer shall be solely responsible for all transportation, lodging, meals or any other expenses incurred by Customer’s Users attending such Training Services. Customer Initials & Date ___________ 3 6. SUPPORT SERVICES During the term of the Agreement, and subject to the terms and conditions hereof, CJT agrees to provide to Customer the following support services with respect to the Application (collectively, the "Support Services"): 6.1. CJT shall provide Customer technical assistance by telephone or on-line with the Integration and use of the Application, the identification of Application problems and the reporting of Errors. CJT will respond to phone calls from Support Contacts pursuant to the terms of Exhibit A attached hereto and made a part hereof by this reference. Customer shall designate no more than two (2) technical contacts to request and receive telephone or on- line support services from CJT as set forth below (“Support Contacts”). 6.2. CJT will use commercially reasonable efforts to correct all Errors. Upon delivery of an Error Correction, such Error Correction shall be considered to be a part of the Application. 6.3. CJT shall make available to Customer from time to time each Minor and Major Release of the Application that CJT makes generally available without additional charge to its customers. It is anticipated that Minor Releases will be done specifically for Error Corrections, with Major Releases to be done quarterly. 6.4. CJT shall not be responsible for: (a) correcting Errors resulting from misuse, negligence, revision, modification, or improper use by Customer or any other person or entity of the Application or any portion thereof; (b) Application or hardware other than the Application (or Hardware, to the extent Customer has purchased maintenance services for the Hardware specified in an Attachment); (c) failure by Customer to install mandatory Error Corrections or Releases provided to Customer by CJT from time to time; (d) Application (i) installed on any equipment other than that possessing the minimum requirements set forth in the Documentation or (ii) used with any Application not specified in the applicable end user Documentation. In the event CJT provides support for support claims by Customer arising from the foregoing, such services shall be billed to Customer as Additional Services (defined below) In no event shall CJT be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Application or with the delay or inability to use it (or any linked sites), or for any information, Application, products and services obtained through this Application, or otherwise arising out of the use of this Application, the Internet generally, the failure of Customer to properly network its computer systems access blockages caused by Customer’s own firewalls or on any other basis (whether based on contact, tort, strict liability or otherwise). 7. ADDITIONAL SERVICES Customer may request and CJT may provide, subject to CJT's agreement, the availability of CJT personnel and both parties’ execution of an Attachment, additional services related to the Application and Hardware that are not previously identified on an Attachment (the "Additional Services"). The Additional Services shall be charged to Customer at CJT's then current time and materials charges, together with the cost of any additional or replacement hardware or other components provided in connection with such Additional Services. All on-site support services provided by CJT are billed as Additional Services. 8. FEES, EXPENSES, AND PAYMENT 8.1. Customer shall pay to CJT the fees for the Application and Support Services (“License and Maintenance Fees”) in the amounts and in accordance with the Attachments. The initial month’s License and Maintenance Fees are payable beginning the 15th of the month following the Integration Date. The Integration fee, if applicable, is due and payable upon the Integration Date. Amounts due for each Renewal Term shall be invoiced and paid as set Customer Initials & Date ___________ 4 forth in Section 11. Should Customer add any additional Products or Services, Customer shall pay the amount set forth on the relevant Attachment. 8.2 Customer shall pay CJT the Training Fees (if Customer has purchased Training Services) and Integration Services in accordance with the invoices presented to Customer pursuant to an Attachment. 8.3 Customer shall reimburse CJT for all costs and expenses, including without limitation, reasonable travel expenses (including transportation and lodging) (“Expenses”) incurred in rendering on-site Services to Customer for any issues that are not the responsibility of CJT as set forth in the Agreement. 8.4 Customer agrees to pay all fees as set forth in an applicable Attachment presented to Customer for the Deliverables (the "Fees") and all Expenses. All such Fees and Expenses shall be paid within thirty (30) days after the date of any invoice issued pursuant to an Attachment. 8.5 All Fees and Expenses payable to CJT under this Agreement are net amounts to be received by CJT, exclusive of all sales taxes, value added taxes, assessments, and similar taxes and duties (collectively, the “Taxes”) and are not subject to offset or reduction because of any Taxes incurred by Customer or otherwise due as a result of this Agreement. Customer shall be responsible for and shall pay directly, any and all Taxes relating to the performance of this Agreement, provided that this paragraph shall not apply to taxes based solely on CJT’s income. 8.7 During the term of this Agreement, Customer grants CJT the right to enter Customer’s premises during business hours for the sole purpose of examining Customer’s records and other information relating to Customer’s use of the Application. If this examination reveals that Customer have improperly used the Application, such conduct shall be considered a material breach of this Agreement and CJT may choose to either terminate this Agreement or invoice Customer for such unauthorized use based upon CJT’s standard fees in effect at the time the examination is completed. Such access is subject to the approval of the Augusta IT Director and the Probate Judge and may be granted only with advance notice of at least three (3) business days and with explanation of reason why CJT believes that the software has been used improperly. 9. CUSTOMER’S OBLIGATIONS 9.1 Customer shall not load or operate any computer software on the computer that runs the Application if such software would conflict or interfere with the use or performance of the Application. CJT shall identify known software that conflicts or interferes with the performance of the application. 9.2 Customer shall be solely responsible for: (a) procuring all computer hardware, peripherals, device drivers, third party operating systems, and other third party Application which may be required to operate the Application, other than the Hardware; (b) the compatibility of Customer’s computer hardware, peripherals, device drivers, third party operating systems, and other third party Application with the Application and/or Hardware; (c) providing a safe and suitable location for Integration, use, and operation of the Application in accordance with any instructions that may be reasonably specified by CJT; (d) providing the local area network infrastructure, cabling, and all cabling services in preparation for the Integration of the Application and/or Hardware; (e) except to the extent provided by CJT as a part of Integration Services, all data entry and loading of Customer’s data. 9.3 Customer shall ensure that all Support Contacts and any of Customer’s employees who are responsible for the operating and managing the Application or any other activities related to Application have received CJT’s Training Services. In the event a Support Contact is appointed who is not trained by CJT Training Services, Customer agree to notify CJT in writing promptly thereof and purchase Training Services for such Support Contact. Customer Initials & Date ___________ 5 9.4 Customer shall provide to CJT broadband access to the Application such that CJT to complete the Support Services. Customer, at Customer’s expense, shall provide the necessary modem or other hardware and shall license and install such remote access Application reasonably specified by CJT for the purposes of providing such broadband access. Electronic access shall be subject to CJT acceptance of provisions in section 9.5.Upon the reasonable request of CJT, Customer shall provide CJT with access to all locations at which the Application is installed, Subject to justification as specified in Section 8.7. 9.5 Vendor Access Agreement: If the Vendor requires access to Customer’s network through electronic means, the Vendor will sign a Vendor Access Agreement with the Customer, verifying that the Vendor will respect the integrity of Customer’s network and security protocols. Access to Augusta’s network through the firewall will only be granted after said agreement has been signed. The Vendor Access Agreement is found as Exhibit B. 10. INDEMNIFICATION 10.1 CJT will indemnify, defend and hold harmless, to the extent allowed by Georgia law, Customer from and against any and all losses, costs, expenses (including attorneys’ fees and expenses), claims, liabilities, or damages of any kind incurred or suffered by Customer arising out of claims that the Application infringes a U.S. copyright or trade secret. The right of indemnification set forth in this Section only applies if the alleged infringement or misappropriation is not caused by or contributed to by (i) modifications to Application made by Customer or any other third party; (ii) third party Application, whether or not provided by CJT; (iii) the combination, operation or use of the Application with any software, equipment, data or other materials except those provided by CJT under this Agreement; (iv) use of Application: (A) with equipment other than that possessing the minimum requirements set forth in the Documentation. In the event of such a claim, CJT will have the option, in CJT's sole discretion, to: (i) replace the Application, (ii) modify the Application to make it non-infringing, or (iii) terminate the license to the Application and refund all license fees paid to CJT by Customer for same after deduction of an appropriate charge for depreciation based on use by Customer prior to such removal, and Customer shall have no other recourse against CJT. THIS SECTION 10.1 REPRESENTS CJT’S SOLE OBLIGATION AND CUSTOMER’S EXCLUSIVE REMEDY FOR ANY CLAIM OF INFRINGEMENT. 10.2 Customer agrees to indemnify and hold CJT harmless, to the extent allowed by law, from and against any and all losses, costs, expenses (including reasonable attorneys’ fees and expenses), claims, liabilities, or damages of any kind incurred or suffered by CJT which result from or arise out of any claim or liability arising as a result, in whole or in part, from (i) Customer’s or User’s violation of Sections 2, 3 or 12 of this Agreement; or (ii) Customer’s or User’s violation of any rule, regulation, requirement or law of any foreign, federal, state or local governmental authority. 10.3 The rights of a party under this Section 10 to be indemnified shall be subject to all of the following: (a) the indemnified party (the "Indemnitee") must notify the indemnifying party (the "Indemnitor") in writing promptly upon learning that such claim has been or may be asserted, (b) the Indemnitor shall have sole control over the defense of such claim and any negotiations for the settlement or compromise thereof, and (c) the Indemnitee shall provide reasonable assistance and cooperation to the Indemnitor to facilitate the settlement or defense of any such claim. 11. TERMS AND TERMINATION 11.1 Unless sooner terminated as provided in Section 11.2, (a) the term of this Agreement will commence on the Integration Date and continue in effect for an initial period of Customer Initials & Date ___________ 6 ____________ (____) months immediately thereafter (“Initial Term”), and (b) the term of this Agreement will automatically renew for additional successive terms of one (1) year (each a “Renewal Term”), unless either party provides written notice to the other party at least thirty (30) days prior to the end of the then-current term of its intent not to renew the term of this Agreement. After the Initial Term, CJT may adjust the License and Maintenance Fees for subsequent periods as a condition of the renewal of the term, with prior notice of not less than 90 days that an increase is forthcoming, with reasons listed pertaining to the reason for the increase. Any termination of this Agreement shall terminate the entire Agreement, including any Attachments attached to this Agreement. 11.2 Termination. This Agreement may be terminated at any time upon the giving of written notice: (i) By either party in the event the other party breaches any obligations under Section 12 hereof; (ii) By Customer in the event that CJT fails to commence remedying any default under this Agreement for a period continuing more than thirty (30) days after Customer has given CJT written notice specifying such default; (iii) By Customer without cause and without prejudice to any other right or remedy of CJT upon written notice to CJT or (iv) By CJT in the event that Customer: (a) defaults of any payment obligations or intentionally breaches Sections 2 or 3 of this Agreement; (b) fails to commence remedying any other default under this Agreement for a period continuing more than thirty (30) days after CJT has given Customer written notice specifying such default; or (c) makes an assignment for the benefit of creditors, or commence or have commenced against Customer any proceeding in bankruptcy, insolvency, or reorganization pursuant to bankruptcy laws or laws of debtor's moratorium. 11.3 Upon termination or expiration of this Agreement for any reason, (a) Customer shall immediately return to CJT all property of CJT or its suppliers, including, but not limited to, the Application and the “Proprietary Information” (as defined in Section 12) of CJT and (b) all rights and licenses granted by CJT hereunder to Customer shall immediately cease. CJT will likewise return Customer property and materials, including all data stored within CJT servers. CJT shall deliver Customer’s data within 15 business days of termination. 11.4 Upon termination or expiration of this Agreement, Sections 1, 3, 8, and 10-14 of this Agreement shall survive such termination or expiration. 11.5 In the event that the Customer terminates the agreement, CJT shall be paid 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; 12. CONFIDENTIALITY 12.1 In the performance of this Agreement, either party may disclose to the other certain Proprietary Information. For the purposes of this Agreement, “Proprietary Information” means information that is of value to its owner and is treated as confidential. Proprietary Information includes, without limitation, all non-public information pertaining to the Application and the Deliverables. 12.2 Both parties acknowledge and agree that the Proprietary Information shall remain the sole and exclusive property of the disclosing party or a third party providing such information to the disclosing party. The receiving party agrees to hold the Proprietary Information disclosed by the other party in strictest confidence and not to, directly or indirectly, copy, use, reproduce, distribute, manufacture, duplicate, reveal, report, publish, disclose, cause to be Customer Initials & Date ___________ 7 disclosed, or otherwise transfer the Proprietary Information for any purpose whatsoever other than as expressly provided by this Agreement. The disclosure of the Proprietary Information does not confer upon the receiving party any license, interest, or rights of any kind in or to the Proprietary Information, except as expressly provided under this Agreement. Subject to the terms set forth herein, the receiving party shall not disclose the Proprietary Information to a third party without the written consent of the disclosing party and shall protect the Proprietary Information of the disclosing party with the same degree of protection and care the receiving party uses to protect its own Proprietary Information, but in no event less than reasonable care. Notwithstanding the foregoing, CJT may disclose this Agreement to its investors, proposed investors, and assignees or proposed assignees that are subject to confidentiality restrictions similar to the provisions set forth in this Section. 12.3 Nothing in this Section shall prohibit or limit the receiving party’s use of information if (i) at the time of disclosure hereunder, such information is generally available to the public; (ii) after disclosure hereunder such information becomes generally available to the public, except through breach of this Agreement by the receiving party; (iii) the receiving party can demonstrate such information was in its possession prior to the time of disclosure by the disclosing party; (iv) the information becomes available to the receiving party from a third party which is not legally prohibited from disclosing such information; (v) the receiving party can demonstrate the information was developed by or for it independently without the use of such information; (vi) it is Proprietary Information which, five (5) years after the term of this Agreement is not considered a “trade secret” under applicable law; or if such information is required to be disclosed under the Georgia Open Records Act, O.C.G.A. § 50-18-70 et seq. to the extent permitted by Georgia Law. If disclosure is required under applicable law or regulation, the receiving party shall notify the disclosing party.. 13. WARRANTY DISCLAIMER CJT AD ITS THIRD PARTY SUPPLIERS PROVIDE THE APPLICATIO AD THE SERVICES “AS IS.” EITHER CJT OR AY THIRD PARTY SUPPLIERS MAKE AY WARRATIES , REPRESETATIOS , CODITIOS , OR GUARATIES , WHETHER EXPRESS OR IMPLIED, ARISIG BY LAW , CUSTOM, ORAL OR WRITTE STATEMETS , OR OTHERWISE, ICLUDIG BUT OT LIMITED TO AY IMPLIED WARRATY O F MERCHATABILITY , FITESS FOR A PARTICULAR PURPOSE, OIFRIGEMET , OR OF ERROR FREE AD UITERRUPTED USE , ALL OF WHICH ARE HEREBY EXCLUDED AD DISCLAIMED I ALL RESPECTS . 14. LIMITATION OF LIABILITY 14.1 IN NO EVENT WILL CJT, ITS SUBSIDIARIES, ASSOCIATED COMPANIES, OR SUPPLIERS, BE LIABLE TO CUSTOMER OR ANY USERS UNDER THIS AGREEMENT OR OTHERWISE, REGARDLESS OF THE FORM OF CLAIM OR ACTION, IN AN AMOUNT THAT EXCEEDS THE TOTAL FEES RECEIVED BY CJT UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO SUCH CLAIM. 14.2 IN NO EVENT WILL CJT, ITS SUBSIDIARIES, ASSOCIATED COMPANIES, OR SUPPLIERS, BE LIABLE TO CUSTOMER OR ANY USERS FOR SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES OR COSTS (INCLUDING LEGAL FEES AND EXPENSES) OR LOSS OF GOODWILL OR PROFIT IN CONNECTION WITH THE SUPPLY, USE OR PERFORMANCE OF OR INABILITY TO USE THE DELIVERABLES OR IN CONNECTION WITH ANY CLAIM ARISING FROM THIS AGREEMENT OR THE USE OF THE DELIVERABLES, REGARDLESS OF THE FORM OF CLAIM OR ACTION, EVEN IF CJT, ITS SUBSIDIARIES, ASSOCIATED COMPANIES, OR SUPPLIERS, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. 14.3 Without limiting the foregoing, Customer agrees that neither CJT nor any of its officers, directors, agents, or employees shall have any liability for errors or omissions in the output of the Application whether such errors or omissions are caused by errors or inaccuracies in the conversion of data as inputs to the Application, in the transmission of such data, or in the display of such data, or otherwise. Customer Initials & Date ___________ 8 14.4 Customer acknowledges and agrees that the allocation of risks provided in this Agreement are reflected in the Fees and other charges provided hereunder and are reasonable and appropriate under the circumstances and that CJT cannot control the manner in which and the purpose for which Customer shall use the Application. 14.5 Without limiting the materiality of any other term, Customer acknowledges that each provision in this Agreement providing for the protection of CJT's copyrights, Proprietary Information and other proprietary rights is material to this Agreement. Customer agrees that any threatened or actual breach of CJT's copyrights, Proprietary Information or other proprietary rights by Customer shall constitute immediate, irreparable harm to CJT for which monetary damages is an inadequate remedy and for which equitable remedies may be awarded by a court of competent jurisdiction without requiring CJT to post any bond or any other security. Nothing contained herein shall limit either party's right to any remedies at law, including the recovery of damages for breach of this Agreement. 14.6 Customer will strictly comply with all applicable laws and regulations relating in any way to the use of the Deliverables, including, but not limited to, obtaining licenses or permits and any other government approval. 14.7 Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to its rules governing conflicts of law. All claims, disputes and other matters in question between Customer and CJT arising out of or relating to this Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. CJT, 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. This Agreement and its Attachments shall constitute the entire Agreement between the parties hereto and supersedes and replaces any and all prior written and oral agreements and/or understandings between the parties. This Agreement may not be amended, modified, supplemented, or deviated from except by a writing executed by an authorized employee of Customer and CJT. In the event of a conflict between the terms of this Agreement, an Attachment or an invoice, the terms of this Agreement shall control over the Attachment or invoice. Nothing in this Agreement shall be deemed to constitute a partnership between the parties or be deemed to constitute one party as agent of the other. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond the reasonable control of such party. In any such event the Agreement Price an Schedule shall be equitably adjusted. Neither this Agreement, nor the obligations or rights of Customer, may be transferred or assigned by Customer without the prior written consent of CJT, not to be unreasonably withheld. CJT may assign this Agreement, provided that justification can be provided to Customer regarding the necessity for the assignment, and if CJT can demonstrate that there shall be no interruption or disruption or services described with this agreement. This Agreement shall inure to the benefit of and be binding upon the permitted successors, legal representatives and assigns of the parties hereto. A waiver by either party of any breach shall not be construed to be a waiver of any other breach. All communications between the parties which are required or permitted to be in writing shall be sent by hand delivery with receipt obtained, by recognized courier, properly prepaid, or certified mail, return receipt requested, and sent to the CJT at 113 Mountain Brook Drive, Suite 200, Canton, Georgia 30115 and to Customer at the Augusta, Georgia Attn: Information Technology Department 535 Telfair Street, Building 200, Augusta, GA 30901. All such communications shall be deemed received by the other party upon actual delivery or refusal. By written communication, either party may designate a different address for purposes hereof. If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue Customer Initials & Date ___________ 9 in full force and effect. Should any provision of this Agreement require judicial interpretation, the parties agree that the court interpreting or construing the same shall not apply a presumption that this Agreement shall be more strictly construed against one party than the other. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. The parties may sign this Agreement and deliver the signature pages via facsimile or electronic transmission (with the originals to follow) or otherwise in accordance with this Section 14.7 of this Agreement. The following applies to all acquisitions of the Deliverables by or for the U.S. government or by any prime contractor or subcontractor under any contract, grant or other activity with the U.S. government. 15. AUGUSTA, GEORGIA SPECIFIC CONTRACT PROVISIONS 15.1 Incorporation of Exhibits/Appendices. All The Exhibits, Addenda, Responsive Proposals, Attachments, Insurance Certificates, Performance Bonds, Fee Schedules, “Exhibits”, including the original project Request for Proposals (Augusta RFP 14-191) constitute a material part hereof, and are hereby incorporated into the Agreement by reference as though fully set forth herein. The terms “Appendix”, “Attachment”, “Exhibit”, and “Schedule” shall be synonymous for purposes of this agreement. 15.2 Georgia Open Records Act: CJT acknowledges that this Agreement and certain documentation may be subject to the Georgia Open Records Act (OCGA § 50-18-70, et seq.). CJT shall cooperate fully in responding to such requests and shall make all records, not exempt, available for inspection and copying as required by law. CJT shall clearly mark any information provided to Augusta which CJT contends is Proprietary Information. CJT shall notify Augusta immediately of any Open Records request arising out of this Agreement and shall provide to Augusta a copy of any response to the same. 15.3 Time of Performance: CJT shall use commercially reasonable efforts to complete the services covered under and pursuant to this Agreement as directed by Augusta's Project Administrator by the date of project completion as described in Exhibit C Project Schedule, (“the Completion Date”), unless earlier terminated as provided herein, or as may be modified by mutual written agreement. CJT shall perform the Services expeditiously, within the term of this Agreement, and in accordance with any schedule of services mutually acceptable to the Parties. Delays in implementation which are not results of actions or inaction on the part of the Customer will be subject to a Penalty in accordance with Section 15.16 of this Agreement 15.4 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 CJT under this agreement. 15.5 Defective Pricing: To the extent that the pricing provided by CJT is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. 15.6 Independent Contractor: The Services shall be performed by CJT or under its supervision. CJT shall determine the means, methods and details of performing the Services subject to the requirements of this Agreement. CJT represents that it possesses the professional and technical personnel required to perform the Services. Augusta retains CJT on an independent contractor basis and not as an employee of the City. CJT retains the right to perform similar or different services for others during the term of this Agreement. The personnel performing the Services on behalf of CJT shall at all times be under CJT's exclusive direction and control. CJT shall pay all expenses, including, without limitation, all wages, salaries, fringe benefit contributions, payroll taxes, withholding taxes, other taxes or levies and all other amounts due such personnel for the Services or due others as a result of the performance by such personnel of the Services. CJT shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to, all Customer Initials & Date ___________ 10 reports for social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 15.7 Hold Harmless: Except as otherwise provided in this agreement, CJT 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. . 15.8 Prohibition Against Contingent Fees: CJT warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CJT for the purpose of securing business and that CJT has not received any non-CITY fee related to this Agreement without the prior written consent of Augusta, Georgia. For breach or violation of this warranty, Augusta shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. 15.9 Insurance Requirements: CJT, at all times that this Agreement is in effect, shall cause to be maintained in force and effect an insurance policy(s) that will ensure and indemnify Augusta against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of CJT in performance of the work during the term of this Agreement. 15.10 CJT shall provide, at all times that this agreement is in effect, Worker's Compensation insurance in accordance with the laws of the State of Georgia. 15.11 Georgia Prompt Pay Act Not Applicable: The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. 15.12 Change Order Acknowledgment: “Contractor 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, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor 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 Contractor. Contractor 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. 15.13 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 OCGA § 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. All contractors and subcontractors must provide their E-Verify number and must 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 Customer Initials & Date ___________ 11 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in OCGA § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree 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 the contractor will secure from such subcontractor(s) each subcontractor’s E-Verify number as evidence of verification of compliance with OCGA § 13-10-91 on the subcontractor affidavit provided in Rule 300-10- 01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services. 15.14 Right to Inspect Premises: Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of CJT or any subcontractor of CJT or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. 15.15 Local Small Business Language: In accordance with Chapter 10B of the Augusta, GA. Code, Contractor expressly 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), for all contracts where a local small business goal has been established, the contractor is required to provide local small business utilization reports. Contractor 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 from the contractor and/or collecting liquidated damages. 15.16 Liquidated Damages: CJT agrees to pay as liquidated damages to the Customer the sum of $100 for each consecutive calendar day after the mutually agreed upon Implementation Date except for authorized extensions of time by the Customer. The parties agree that these provisions for liquidated damages are not intended to operate as penalties for Breach of Contract. The liquidated damages set forth above are not intended to compensate the Customer for any damages other than inconvenience and loss of use or delay in services. The existence or recovery of such liquidated damages shall not preclude the Customer from recovering other damages in addition to the payments made hereunder which the Customer can document as being attributable to the documented CJT failures. In addition to other costs that may be recouped, the Customer may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Contract as well as attorney fees if applicable. Customer Initials & Date ___________ 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement and if applicable, Exhibits A & B to be executed by their respective representatives as of the dates set forth below: CJT SOFTWARE, INC. AUGUSTA, GEORGIA By: ________________________ By: ________________________________ Name:______________________ Name: __Hardie Davis, Jr. ______________ Title: ________________________ Title: _Mayor________________________ Date: ________________________ Date: ______________________________ Integration Date: ______________ Attest: ____________________________ Attest Name: __Lena Bonner___________ Attest Title: ___Clerk of Commission____ Attest Date: ________________________ Customer Initials & Date ___________ 13 EXHIBIT A PRICING INFORMATION: Additional Products/Services/Options to be provided include: · Development of Individual Case Counter for Estates, Guardianship of Adult, Guardianship of a minor, Involuntary Hospitalization, Other Actions and Miscellaneous. In addition, CJT will create two new categories specific to Richmond County, called Deputy Oaths and Marshall Oaths. Each of these categories will also have an individual 'counter'. These modifications permit the court to set up case numbering formats which match the court's current numbering format. Estimated Hours of Programming Time: 30 Hours = $2,250. · Development of Condemnations Module which will permit an index / case counts and image attachments. Developed at No Charge Customer Initials & Date ___________ 14 EXHIBIT A CONTINUED Maintenance fee to be invoiced monthly per Citation or by a flat monthly rate. Per Citation Rate: ________ Flat Monthly Rate: $ Annual Rate: $ 4,800.00 Due annually on anniversary date beginning 2nd year. Anniversary Date: ______________ Initial Integration and Training Fees, if applicable, are included in Integration Fee of $20,000.00 (non-refundable) payable by mutually agreed upon 25%/25%/50% payment schedule. Standard Initial Integration and Training provided during the week of Integration (5 days). Additional training sessions maybe scheduled onsite for $50.00 per hour (minimum of 2 hours). Additional Customization (outside of required updates and or mandated changes necessitated by changes in state law) of documents and or reports is available on a per case basis with cost determined by job size and complexity. Project rate is $75.00 per hour with a minimum billable rate of 2 hours. Data Conversion shall be performed for Customer’s database and imagery information for the one-time cost of $3,200. This cost includes pre-conversion research, any programming necessary to convert data and imagery, a test conversion (to be validated by the Customer) and a final conversion prior to the Go-Live. Customer shall provide data as soon as practicable after execution of contract, and shall provide a final set prior to Go-Live, at which time CJT may invoice for conversion. Customer Initials & Date ___________ 15 EXHIBIT A CONTINUED Support Services Contact Information: Help Desk/Tech. Support: 1-877-262-7405 Toll Free Office: 1-800-205-6943 Office Direct Dial: 1-770-720-9833 Fax: 1-770-720-9836 You may also use the request support icon located on the main menu of your program. Customer Support Contacts: Please list the email address and phone number of your designated individual/individuals below: General Contact Information: Joy Daniels – Chief Clerk, jdaniels@augustaga.gov 706 821-2440 Program Issues/Support Contact: Jonathan English, English@augustaga.gov 706-821-2526 DDS Transmissions: Lacey Grantham – Deputy Chief Clerk, lgrantham@augustaga.gov 706-821-2439 Other: Vanessa Wingfield Admin Asst. II, vwingfield@augustaga.gov 706-821-2434 Minimum System Requirements The following are the minimum system requirements recommended by CJT. The minimum requirements must be met before Integration of your program(s). Failure to meet Integration requirements by your scheduled Integration date could result in the delay of Integration and or reduced functionality of the program. · Windows 7 Professional or better · 4GB of RAM minimum unless *Windows 7 or 8 – 6 GB RAM minimum · 100 GB hard drive · Integrated 10/100/1000 Ethernet · 19 inch monitor · High Speed Internet Connection · Installation of Designated Remote Access Program of CJT’s Choice* *Currently CJT utilizes eBlvd Support which is included in the cost of all maintenance/support plans. If a different method of remote access is deemed necessary by the customer, the customer shall be responsible for any additional access charges and or any additional Application requirement purchases, whether made by CJT or customer, to allow remote access for CJT support technicians. Customer Initials & Date ___________ 16 EXHIBIT A CONTINUED Support Services Response Time: CJT’s required response times and resolution will vary on the severity of the problem faced by the Customer and the time of day in which Customer’s problem occurs. CJT’s hours of operation are Monday through Friday 8:00 a.m. – 5:00 p.m. except stated holidays. CJT’s required response times are as follows: Priority Code The client Impact Initial Contact with Support Contact Level 1 Business Halted Immediate: 8:00 a.m. – 5:00 p.m. M-F Submit via eblvd and/or support hotline at 1-877-262-7405 Level 2 Business Impacted Within one hour of submission: 8:00 a.m. – 5:00 p.m. M-F Submit via eblvd and/or support hotline at 1-877-262-7405 Level 3 Non-Critical/Request Within 24 – 48 hours depending upon request. Initial follow-up/notice of receipt will be within one hour of submission. 8:00 a.m. – 5:00 p.m. M-F Submit via eblvd and/or support hotline at 1-877-262-7405 Explanation of Priority Codes: Level 1: Business Halted: a problem with the Hardware or Application which prevents Customer’s ability to complete critical business functions. In these cases, troubleshooting is done over the phone or on-line with a Support Contact. Examples: Application system is down Hardware is not responding (if applicable) Server not operating (if applicable) Database corrupted Remote Devices, POS terminals or workstations not operating (if applicable) Error message(s) on server, manager’s machine or POS terminals which reflect an Error which will halt Customer’s business (if applicable) Level 2: Business Impacted: non-critical issues or questions that affects a person or group at Customer’s site. A work-around has been identified so the person or group can use the system to perform their job. Troubleshooting is done over the phone or on-line. Examples: Reports get error message Level 3: Non-Critical/Request: issues or questions that need a response, but time are not time critical. Requesting information/action that is not urgent. Customer Initials & Date ___________ 17 EXHIBIT A CONTINUED Information Technology Department Contact Information If Applicable IT Department Support? Yes ( X ) No ( ) IT Department Phone umber: 706-821-2522 IT Department Fax umber: 706-821-2530 IT Department Email: English@augustaga.gov (Jonathan English, Criminal Justice Project Manager) Court Information Court ame: Richmond County Probate Court Court Phone umber: 706-821-2434 Court Fax umber: 706-821-2442 Physical Address: 735 James Brown Blvd, Suite 1000 Augusta, GA 30901 Mailing Address: 735 James Brown Blvd, Suite 1000 Augusta, GA 30901 Billing Address: 535 Telfair Street, Bldg 200 ATTN: IT Director Judge ame: Harry B. James Email: Phone umber: 706-821-2434 General Contact Information Main Contact Person ame: Joy Daniels, Chief Clerk Email: jdaniels@augustaga.gov Phone umber: 706-821-2440 Clerk 1 Contact Information Clerk Contact Information: Lacey Grantham – Deputy Chief Clerk Email: lgrantham@augustaga.gov Phone umber: 706-821-2439 Clerk 2 Contact Information Please use reverse side for additional clerks Clerk Contact Information: Email: Phone umber: Transmission Clerk Clerk Contact Information: Email: Phone umber: Customer Initials & Date ___________ 18 EXHIBIT B VENDOR REMOTE ACCESS AGREEMENT 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 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 Information Systems. Scope This policy applies to all Augusta systems, application and/or servers/devices requiring support by external vendors on behalf of Augusta. 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 Deputy 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 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 The vendor will be required to use one of two methods to connect to computers within Augusta’s network. 1. Remote Control Method A. The vendor may use commercially-available remote control software in order to connect to computers within Augusta’s network. Software used for this purpose must be approved in advance by Augusta IT. B. The vendor may connect to a computer only with the foreknowledge of IT and the end user. C. The vendor shall not install or modify software on the computer to which they are connected without the express permission of a member of IT. D. While the vendor is connected to the computer, there must be an end user or member of Augusta IT present in order to observe the vendor’s activities. E. Upon completion of the work that necessitated the connection session, the vendor shall disconnect from Augusta’s network. Future connections shall require permission and supervision as described above. 2. VPN Method A. The vendor may use to use Cisco’s VPN client. B. The vendor will be given a unique user ID and password to authenticate the VPN access. The password may be subject to regular changes. C. Only one person may be connected to the VPN at any given time. D. Access will be restricted to only the servers located in IT that were approved for the vendor. E. Access will be restricted to only the ports necessary for connectivity. Customer Initials & Date ___________ 19 F. 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. For supervised remote control sessions, the Project Leader may proceed from this point and omit steps 3-4. 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 to access the network connection. Vendor shall be solely responsible for ensuring that Authorized Vendor Employees are not security risks, and upon Augusta’s request, Vendor will provide Augusta with any information reasonably necessary for Augusta to evaluate security issues relating to any Authorized Vendor Employee. 2. Vendor will promptly notify Augusta 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 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 Private Information and Resources The Augusta 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 confidential information. At no time should Augusta rely on access/authorization control mechanisms at the vendor’s site to protect or prohibit access to Augusta confidential information. Augusta 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 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 IT Security Augusta 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. Customer Initials & Date ___________ 20 EXHIBIT C: TENTATIVE PROJECT SCHEDULE All dates are tentative based upon various considerations including but not limited to length of contract negotiations, contract approval, availability of resources, training schedules, etc. Actual dates are to be mutually agreed upon by CJT and Augusta. Event Projected Completion Date* Status Selection of Vendor COMPLETE Contract Negotiation IN PROGRESS Approval of Contract by City Attorney 1st Quarter 2015 Administration / Commission Approval 2nd Quarter 2015 Contract Signing 2nd Quarter 2015 Initial Billing for Software Licenses (25% of Software & Services) 2nd Quarter 2015 Billable upon contract signing Implementation (Go Live) 2nd Quarter 2015 Tentative July 1, 2015 Implementation Billing (25% of Software & Services) Billed at Go-Live Conversion Billing (from Exhibit A) Billed at Go-Live Acceptance Testing Go Live + 30 calendar days System Acceptance At completion of acceptance testing Pending completion of system requirements Final Billing (50% Software & Services) At System Acceptance Billable upon System Acceptance by Augusta *All dates are subject to change upon mutual agreement of Augusta and Vendor. Public Safety Committee Meeting 4/14/2015 1:15 PM Selection of CJT, Inc. as Probate Court Software Solution Provider Department:Information Technology Caption:Approve selection of CJT, Inc. for Richmond County Probate Court Software Solution. Background:Augusta IT created an in-house case management software package for the Probate Court in the early 2000’s. The system has been used over the years to track and manage Probate Court cases/dockets and financial transactions. Recently, there has been an increase in the opportunities for Probate Courts in Georgia to interface with various software platforms in order to transmit information to other agencies. Even though regular enhancements have been made to the in-house product, there are still requirements and opportunities for interfaces that have taken place at the State level (particularly in regard to gun permits, marriage licenses, etc.), that have already been addressed by a number of court software product providers that have customers across the state. When the in-house software was developed by IT, there were very few court system providers and the software that they offered was deemed inadequate for the needs of our Probate Court. The situation has changed over the years, and now that there are vendors with acceptable software solutions, IT and the Probate Court agree that it is an appropriate time for the Court to look for a vendor solution that will enable them to have access to features that are tried and true across a wide variety of courts that have similar needs to their own. Analysis:Augusta IT and the Probate Court released an RFP in 2014 (14- 191) for Probate Court Software Consulting, Implementation, and Technical Services. Personnel from Probate Court, IT, and Procurement reviewed proposals from three vendors, and CJT, Inc. was the bidder whose solution was the best fit for Augusta’s requirements. The new solution is expected to offer enhancements over Augusta’s current software solution since there are many file transfer and automation features that we do not currently offer. Additionally, the software is fully-supported by a vendor who has a majority of Georgia Probate Courts as customers already, they have a help desk for support, and they are familiar with ongoing court needs and annual law changes that require modification. Financial Impact:The software solution will cost $29,302 to implement, and will be funded through IT's Capital Budget. Alternatives:N/A Recommendation:Approve Selection of CJT, Inc. for Richmond County Probate Court Software Solution Funds are Available in the Following Accounts: 272015410.5424220 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission