HomeMy WebLinkAboutOptical Maintenance Agreement
Augusta Richmond GA
DOCUMENT NAME: 0 VLi ecc\ IV\C\\ ilti'.l'\.OrICe. j e en .c:yyt
DOCUMENTTYPE: ~Ge.iY\ent
YEAR: 02-
BOX NUMBER: \/
FILE NUMBER: I CJJ J-llq
NUMBEROFPAGES:<~5
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OPTICAL MAINTENANCE AGREEMENT
1. Parties.
This Agreement is made by and between Augusta, Georgia, a duly organized and validly
existing body politic of the State of Georgia, hereinafter sometimes referred to as
"Customer", and PALMETTO MICROFILM SYSTEMS, INC., a South Carolina
corporation, whose address is 202 North Lake Dr, Lexington, SC, 29072, hereinafter
referred to as "PMSI". PMSI is a value-added reseller in the business of implementing
imaging and information systems for its customers.
2. Effective Date
This Agreement shall be effective as of the date set forth on the signature page hereof.
3. Application
This Agreement shall apply to all hardware and/or software products (the "Products")
listed on Schedule A of the "PRODUCT AGREEMENT".
4. Definitions
a) "Preventive Maintenance" is maintenance scheduled when requested by the
customer in conjunction with PMSI technical support personnel to keep the
"PRODUCTS" provided by PMSI in good operating condition as further
described in paragraph 5 below.
b) The "Principal Period of Maintenance" (PPM) is the eight-hour period from 9:00
a.m. to 5:00 p.m., Eastern Time, Monday through Friday. The Principal Period
of Maintenance shall not include locally observed PMSI holidays. The same PPM
shall apply to all of the "PRODUCTS".
c) "Product Malfunction" means, as to any Product, a verifiable material adverse
deviation from the performance capabilities reflected in PMSI's most recently
published user documentation for such Product where the Product is being used in
accordance with usage and environmental standards and specifications reflected in
such documentation. Alleged software Product Malfunction is verifiable only
when it can be replicated in a suitable test environmental.
d) "Remedial Maintenance" is maintenance required by Product Malfunctions that
require service as further described in paragraph 6 below.
5. Term
Except as otherwise set forth in Schedule A of the "PRODUCT AGREEMENT", a
Product shall be covered hereunder for an original Maintenance Term of one year. The
Maintenance Term shall be automatically renewed for successive terms of duration equal
to the original Maintenance Term unless one party gives the other written notice of
termination at least thirty (30) days prior to the expiration of the then current
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Maintenance Term. This Agreement as a whole may be terminated by either party by
written notice to the other upon, and only upon, the expiration of coverage as to all
covered Products. Either party may terminate this Agreement due to the breach by the
other party of any material obligation hereunder (including without limitation any
obligation to make any payment hereunder) if such breach remains uncured more than ten
(10) days after written notice of such breach is given to the defaulting party.
6. Services to be Provided
a) Basic Maintenance Service. Basic Maintenance Service for a Product shall
include the following:
iv)
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i) Remedial Maintenance. PMSI shall perform Remedial Maintenance when
Customer notifies PMSI of a Product Malfunction. Remedial Maintenance
shall be performed as part of the basic maintenance service only during
PPM. Remedial Maintenance performed other than during the PPM shall
be at PMSI's sole option and at such extra charges as PMSI may quote in
its sole discretion. Response time by PMSI's personnel during the PPM
shall be as set forth in Schedule A of the "PRODUCT AGREEMENT" of
the Product Agreement. Remedial Maintenance at times other than the
PPM will be provided to Customer at PMSI's sole option and
convemence.
ii)
Replacement Parts. During Preventive or Remedial Maintenance, PMSI
may install or replace hardware parts as it determines necessary. Such
parts may b~ new, used or refurbished. PMSI will use only parts and
components of equal quality. All parts and components replaced become
the property of PMSI. Replacement Parts will be provided as part of the
Basic Maintenance Service unless excluded under clause (c)(iii) of this
paragraph 5.
iii)
Software Correction. Correction of a software Product Malfunction may,
at PMSI's sole option, consist of any of the following: (a) re-coding of
the software, (b) installation of a software patch, (c) a modification to the
instructions or procedures for using the software, (d) replacement of the
software with other software that is reasonably equivalent, or (e) other
remedial action ,that may be reasonable and equitable to both parties.
Telephone Help. During the PPM, PMSI shall respond to telephonic
questions from Customer's personnel regarding Product operation. Calls
to PMSI will only be made by personnel authorized by the Augusta
Information Technology Department, and all calls shall be directed to
Augusta IT prior to forwarding to PMSI. Exceptions to this are
permissible when no personnel from Augusta IT are available for
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consultation or when PMSI has directed the individual user to call PMSI
regarding a particular issue.
v) Dial-up Support. PMSI requires that a dial-up be provided and
maintained for remote support of the system.
b) Extra Maintenance Options and Charges. Upon request, PMSI will supply
maintenance services outside the PPM as follows:
i) Extra Shift Maintenance Service. Extra Shift Maintenance Service shall be
an additional consecutive eight-hour period, Monday through Friday,
commencing at the hour at which the Principal Period of Maintenance
expires. The charge for Extra Shift Maintenance shall be as stated on the
applicable Equipment Schedule and shall be in addition to the Basic
Annual Maintenance Charge.
ii) On-Call Service. Customer may, at any time it deems necessary, request
maintenance service outside the periods of maintenance for which it has
contracted hereunder. Such service shall be provided at PMSI I s sole
option on a case-by-case basis at charges specified by PMSI in its sole
discretion. The minimum On-Call Service period shall be three hours,
including portal-to-portal travel time. On-Call Service in excess of three
hours shall be rounded up to the next one-half hour.
c) Customer Responsibilities.
i) Maintenance Logs. Customer shall maintain on-site a maintenance log for
each Product. Each service call shall be logged and shall be signed by
PMSl's service representative and an authorized official 6fCustomer.
The maintenance log for each Product which shall include at least the
following.
a) Agreement Identification. Type and serial number(s) of each
hardware item receiving maintenance service.
b) Equipment Failure-Description. A description of any Product
Malfunction.
c) Agreement Failure-Notification. Date and time of notification by
Customer to PMSI of a Product Malfunction under which
Customer requests Remedial or On-Call Maintenance.
d)
Maintenance Peiformed.
performed.
A description of the maintenance
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e) PMSI Time. The time spent by PMSI personnel on each
maintenance call.
f) Charges. Additional charges, if any.
ii) Working Space. Customer shall provide PMSI, at no charge to PMSI,
with adequate storage space for spare parts and working space. Customer
shall also provide heat, light, ventilation, telephone and electric CUfrent
outlets for use by PMSI's personnel during maintenance activities. These
facilities shall be within a reasonable distance of each Product to be
serviced.
iii) Customer Responsibility. Customer has sole responsibility for Product
Malfunctions caused directly or indirectly by any of the following acts,
omissions, events and causes. Any services, repairs or replacements by
PMSI in respect of any such Product Malfunction shall be charged to
Customer at PMSI' s customary rates and such charges shall be due and
payable upon demand.
a)
Negligent Of willful acts or omissions of the Customer, its
employees or third parties.
b)
Damage or destruction due to accident, casualty or other acts of
God.
c)
Any malfunction caused by any hardware or software not
supported directly by PMSI which in the course of corrective
actions taken by support personnel of the customer or any third
party support group that may require either reinstallation or
reconfiguration of the system by PMSI shall not be covered under
this contract.
d)
Events not under the control of PMSI.
e)
Modification of any Product not authorized by PMSI.
f)
Connection of any Product by mechanical or electrical means to
equipment or devices not manufactured by PMSI or supplied by
PMSI unless such connection has been specifically in each instance
authorized by PMSI.
g)
Work external to the Product.
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h) Repair of damage, replacement of parts or increase in service time
caused by neglect, accident or misuse by Customer, including,
without limiting the generality of the foregoing, failure of electrical
power or any other failure not attributable to a Product.
i) Painting or refinishing the case or exterior of any hardware
Product, or furnishing material therefor.
j) Changes or performing services connected with relocation of any
Product, or adding or removing accessories, attachments or other
devices except as authorized by PMSI in writing.
k) Repair of damage or increase in service time caused by relocation
or movement of any Product by Customer without the prior
approval of PMSI.
I) Consumable materials such as ribbons, paper, magnetic tape,
lamps and cleaning materials.
m) Repair of damage or increase in service time caused by use of any
Product for purposes other than that for which it is designed.
n) Additional PMSI service time or other costs resulting from failure
by Customer to perform daily back-up of its hard disk data. For
example, time spent recovering or rebuilding database indices or
data.
iv) Environment. Customer shall provide and maintain a clean operating
enviromilent which does not exceed the rated temperature and humidity
specifications for the hardware Products.
7. Maintenance Charges and Payment
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a)
Invoices. The Basic Annual Maintenance Charge for each Product shall be
payable annually in advance on the fIrst day of the annual Maintenance Term.
The Extra Shift Maintenance Charges, On-Call Service charges and all other
charges hereunder shall be billed initially at the rates and as of the commencement
date set forth in Schedule A of the "PRODUCT AGREEMENT". PMSI will
invoice Customer for these additional maintenance services on a monthly basis,
and payment will be due within ten (10) days of the date of invoice.
b)
Change in Maintenance Charges. Prior to the commencement of a renewal term,
PMSI shall notify Customer in writing of its maintenance charges for the ensuing
renewal term. Unless Customer refuses to renew, as provided in paragraph 4
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above, such charges shall become effective upon the beginning of the next
renewal term.
c) Late Payment. Customer will maintain diligence in regard to payment of invoices
and will pay as soon as is practicable. PMSI shall have no obligation to perform
any maintenance service whatsoever with respect to any Product as to which any
Maintenance charge hereunder is thirty (30) or more days past due.
d) Taxes. Customer represents and warrants that it is exempt from taxation.
Customer shall reimburse and hold harmless PMSI for any tax or assessment
imposed on PMSI resulting from this Agreement, exclusive of taxes based upon
Income.
8. Alterations and Attachments.
Customer may make alterations or install attachments to the Products only at Customer's
expense. Additional charges will apply for repair of damage or any increase in required
maintenance attributable to such alterations or attachments. If the alterations of or
attachments to a Product prevent or impede PMSI from performing maintenance as
required by this Agreement, Customer will, upon notice from PMSI, restore the Product
to its original condition.
9. Movement of Products
Products covered by this Agreement are not to be moved without the prior written
consent of PMSI, which consent will not be unreasonably withheld. PMSI will continue
to provide maintenance service on such Products provided that only PMSI or Augusta IT
personnel shall move equipment from one location to another. Any Products damaged in
transit when PMSI personnel are present shall be repaired by PMSI personnel and
charged for at PMSI's then-prevailing rates. No abatement in Basic Annual Maintenance
Charges will be granted because Products are in transit. The distance of the move may
also alter the zone rates of existing or new GMA charges.
10. Diagnostic Materials and Maintenance Aids
Any diagnostic materials and maintenance aids furnished by PMSI are for PMSI's use
and are the property of PMSI and are proprietary. Customer agrees to keep such
diagnostic materials and maintenance aids confidential, and to use its best efforts to
prevent their unauthorized disclosure and use. Customer agrees that it will not make or
allow to be made copies of any diagnostic materials or maintenance aids unl ess PMSI has
given its prior written consent. Customer may, however, make necessary copies of
diagnostic materials and maintenance aids that are installed as part of the operating
systems software, subject to Customer's confidentiality obligations. On each and every
such copy, PMSI's proprietary notices and legends must appear, in the same manner and
form as they appear in the original. The existence of a copyright notice will not cause
nor be construed as causing any diagnostic material or maintenance aid to be a published,
copyrighted work or to be in the public domain.
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11. Warranty
PMSI warrants that its services hereunder will be performed in a workman-like manner.
THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE
MAXIMUM LIABILITY OF PMSI FOR BREACH OF WARRANTY SHALL BE
LIMITED TO A REFUND OF THE MAINTENANCE PAYMENTS ALLOCABLE
TO THE PRODUCT(S) FOR WHICH MAINTENANCE WAS DEFECTIVE FOR THE
PERIOD SAID MAINTENANCE WAS REPORTED AND DETERMINED TO HAVE
BEEN DEFECTIVE.
12. Limitation of Damages and Remedies
NOTWITHST ANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO
EVENT SHALL PMSI'S AGGREGA TE LIABILITY IN RESPECT OF THIS
AGREEMENT (REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM A
CLAIM BASED UPON THE LAW OF CONTRACT OR TORT, INCLUDING
NEGLIGENCE) EXCEED THE TOTAL AMOUNT OF THE PAYMENTS
RECEIVED BY PMSI FROM CUSTOMER PURSUANT TO THIS AGREEMENT.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO
EVENT SHALL PMSI BE LIABLE FOR SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT, OR THE PERFORMANCE OF (OR FAILURE TO PERFORM)
ANY SERVICE UNDER THIS AGREEMENT, REGARDLESS OF WHETHER THE
CLAIM OF LIABILITY IS BASED UPON CONTRACT OR TORT, INCLUDING
NEGLIGENCE, AND REGARDLESS OF WHETHER PMSI WAS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
13. Exclusion From Coverage
PMSI retains the option at all times during the existence of this Agreement to dete rmine
that a Product can no longer be repaired economically and thereupon may exclude said
Product from coverage hereunder. Upon such exclusion, Customer shall be entitled to
receive a refund of the maintenance payments corresponding to the time said item was
determined to have been defective until the date PMSI notifies Customer that the item is
so excluded.
14. Termination
After maintenance for. all Products is terminated, this Agreement may be terminated by
either party upon written notice. Customer agrees that it will return to PMSI or certify to
PMSI that it has destroyed or will destroy all diagnostic materials and maintenance aids,
including all copies thereof, within thirty (30) days after termination of this Agreement.
15. Insolvency
Either party may terminate this Agreement as to the other party by a notice in writing to
such other party should any of the following events occur:
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a) Such other party makes an assignment for the benefit of creditors; or
b) Such other party admits in writing its inability to pay its debts as they mature; or
c) A trustee or receiver of such other party or of any substantial part of such other
party I s assets is appointed by any court and is not removed or discharged within
sixty (60) days; or
d) A proceeding is instituted by or against such other party under any provision of
the Federal Bankruptcy Act.
16. Notices
All notices required hereunder shall be in writing and shall be deemed to have been duly
given if either hand delivered, mailed by certified or registered mail, postage prepaid,
addressed to the party to whom intended at the address provided below or at such other
address as such party shall hereinafter designate to the other party in writing, or sent by
verified telefacsimile transmission:
Customer:
Augusta, GA Information Technology Department
530 Greene St Annex 101
Augusta, GA 30911
A TTN: IT Director
Fax No. 706-821-2530
With copy to:
Administrator
530 Greene Street, Room 801
Augusta, GA 30911
Fax No. 706-821-2819
PMSI:
Palmetto Microfilm Systems, Inc.
202 North Lake Dr
Lexington, SC 29072
ATTN: Bob Gilliam, President
17. Assignments
This Agreement ,is not assignable. None of the licenses granted hereunder may be
sublicensed, assigned or transferred by Customer without the prior written consent of
PMSI, which consent may be withheld by PMSI for any or no reason whatsoever in its
sole discretion. Any attempt to sublicense, assign or transfer any of the rights, duties or
obligations ,..mder this Agreement is void~
18. Modifications
This Agreement may not be modified or amended in whole or in part except pursuant to a
writing signed by both parties.
19. Severability
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The illegality, invalidity or unenforceability of any terms or conditions herein shall not
render illegal, invalid or unenforceable any other terms or conditions herein.
20. Entire Contract
Customer acknowledges that it has read this Agreement, understands it, and agrees to be
bound by its terms and conditions. Further, Customer agrees that this Agreement,
together with any other applicable agreements, certifications, amendments and
supplements aild any exhibits or attachments thereto, referencing this Agreement or
expressly made a part hereof that are duly signed by the parties will be the complete and
exclusive statement of this Agreement between the parties, superseding all proposals or
prior agreements, oral or written, and all other communications between the parties
relating to the subject matter of this Agreement.
21. Force Majeure.
PMSI shall not be in default under this Agreement because of any failure to perform in
accordance with its terms and conditions if such failure arises from causes beyond
PMSI's control, including, but not restricted to, acts of God, acts of government, fires,
floods, epidemics, quarantine, restrictions, strikes, embargoes, inability to secure raw
materials or transportation facilities, acts or omissions of carriers, or any and all caused
beyond control of PMSL
22. Exceptions
23. Governing Law
This Agreement shall be governed by the laws of the State of Georgia.
24. Dispute Resolution
PMSI and Customer hereby submit to the personal jurisdiction and venue of the Superior
Courts of Richmond County, Georgia, for purposes of enforcing this provision and
resolving any controversy or claim arising out of or relating to this Agreement and waive
any right to contest or object to same.
P.M.S.I agrees to furnish service and replace all necessary parts for the optical equipment
described below on the condition and terms set forth in this agreement.
Issued to:
Equipment Address:
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Dates: From
20
to
20
Make/Model Serial Number Amount
1 Canon DR-3060 Scanner 4,050.00
10 Canon DR-5020 Scanners 62,000.00
1 Plasmon M32J-91O-2 Optical Jukebox 11,400.00
11 Adaptec 2940U SCSI Cards 1,925.00
Plasmon 9.1GB Optical Disks 6720.00
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Total Amount: I $86,095.00
IMPORTANT: LAMPS AND/OR LIGHT BULBS NOT COVERED UNDER MAINTENANCE
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EXECUTED as ofthis # day of Ii~
Accepted By:
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AUGUST
Name: Bob Young
Tit.le: Mayor"
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OPTICAL PRODUCT AGREEMENT
1. Parties
This Agreement is made by and between Augusta, Georgia, a duly organized and validly
existing body politic of the State of Georgia, hereinafter sometimes referred to as
"Customer", and PALMETTO MICROFILM SYSTEMS, INC., a South Carolina
corporation, whose address is 202 North Lake Dr, Lexington, SC, 29072, hereinafter
referred to as "PMSI". PMSI is a value-added reseller in the business of implementing
imaging and information systems for its customers.
2. Effective Date
This Agreement shall be effective as of the date set forth on the signature page hereof.
3. Application
This Agreement shall apply to all hardware and/or software products (the "Products") and
related services (the "Services") listed on Schedule A attached hereto ("Schedule A").
4. Pricing
All hardware Products sold and all software Products licensed, and all Services rendered,
pursuant to this Agreement shall be at the prices and/or fees listed on Schedule A. All such
prices and/or fees exclude (i) delivery charges, and (ii) all federal, state, municipal, or other
government, excise, sales, use, property, occupational, or like taxes now in force or enacted
in the future. Unless otherwise specifically provided on Schedule A, i{delivery charges and
such taxes are not separately stated on Schedule A, there shall be added to all such prices
and fees the amount of any such delivery charges and such taxes PMSI may be required to
collect or pay upon the sale or delivery of the Products. If a certificate of exemption or
similar document or proceeding is to be made in order to exempt the transaction from any
tax liability, Customer will obtain such certificate, document, and/or initiate such
proceeding at Customer's sole cost and expense.
5. Payment
PMSI will invoice Customer for the amount described in Schedule A when Customer
accepts the project as complete based on 1) completion of the tasks in Schedule C, 2) all
specifications made in the RFQ (02-134) that have not been mutually agreed upon to be
exempt from completiqn, and 3) an Acceptance Period of thirty (30) days after the live
date. The invoice shall reference the contract number, and shall be accompanied by any
reasonably required supporting materials and/or data. Augusta will exercise diligence in
making timely payment for products and services related to. this contract. Prior to the
making of this contract, PMSI shall have obtained a performance bond in the amount of
$11 5,000 (one-hundred fifteen thousand) dollars. Proof of the acquisition of the bond shall
be provided to Augusta , and attached to the contract as Schedule D. Payments for services
and software licenses shall ~e made as stated in Schedule B (reference Federal Government
exceptions). Augusta shall make 100% payment for hardware upon receipt. Augusta will
exercise diligence in making timely payment for products and services related to this
contract. All payments shall be deemed made only upon actual receipt thereof in cash or
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OPTICAL PRODUCT AGREEMENT
1. Parties
This Agreement is made by and between Augusta, Georgia, a duly organized and validly
existing body politic of the State of Georgia, hereinafter sometimes referred to as
"Customer", and PALMETTO MICROFILM SYSTEMS, INC., a South Carolina
corporation, whose address is 202 North Lake Dr, Lexington, SC, 29072, hereinafter
referred to as "PMSI". PMSI is a value-added reseller in the business of implementing
imaging and information systems for its customers.
2. Effective Date
This Agreement shall be effective as of the date set forth on the signature page hereof
3. Application
This Agreement shall apply to all hardware and/or software products (the "Products") and
related services (the "Services") listed on Schedule A attached hereto ("Schedule A").
4. Pricing
All hardware Products sold and all software Products licensed, and all Services rendered,
pursuant to this Agreement shall be at the prices and/or fees listed on Schedule A. All such
prices and/or fees exclude (i) delivery charges, and (ii) all federal, state, municipal, or other
government, excise, sales, use, property, occupational, or like taxes now in force or enacted
in the future. Unless otherwise specifically provided on Schedule A, if delivery charges and
such taxes are not separately stated on Schedule A, there shall be added to all such prices
and fees the amount of any such delivery charges and such taxes PMSI may be required to
collect or pay upon the sale or delivery of the Products. If a certificate of exemption or
similar document or proceeding is to be made in order to exempt the transaction :from any
tax liability, Customer will obtain such certificate, document, and/or initiate such
proceeding at Customer's sole cost and expense.
5. Payment
PMSI will invoice Customer for the amount described in Schedule A when Customer
accepts the project as complete based on 1) completion of the tasks in Schedule C, 2) all
specifications made in the RFQ (02-134) that have not been mutually agreed upon to be
exempt :from completion, and 3) an Acceptance Period of thirty (30) days after the live
date. The invoice shall reference the contract number, and shall be accompanied by any
reasonably required supporting materials and/or data. Augusta will exercise diligence in
making timely payment for products and services related to this contract. Prior to the
making of this contract, PMSI shall have obtained a performance bond in the amount of
$115,000 (one-hundred fifteen thousand) dollars. Proof of the acquisition of the bond shall
be provided to Augusta and att,ached to the contract as Schedule D. Payments for services
and software licenses shall be made as stated in Schedule B (reference Federal Government
exceptions). Augusta shall make 100% payment for hardware upon receipt. Augusta will
exercise diligence in making timely payment for products and services related to this
contract. All payments shall be deemed made only upon actual receipt thereof in cash or
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check at PO Box 893, Lexington, South Carolina 29071, or such other address within
Richland or Lexington Counties, South Carolina designated by PMSI from time to time in a
written notice to Customer.
6. Delivery
Payment will be made to the site specified in Schedule A with shipping charges to be paid
by the Customer in accordance with the delivery and installation schedule specified in
Schedule A. Risk of loss shall pass to Customer upon delivery of the Products by PMSI at
the site. Delivery shall be FOB Destination. PMSI shall not be liable for any damages or
penalty for delay in delivery or for failure to give notice of delay when such delay is due to
the elements, acts of God, delay in transportation, delay in delivery by PMSI's vendors or
any other causes beyond the reasonable control of PMSI. The scheduled delivery date shall
be extended by a period of time equal to the time loss because of any such delay.
Manufacturer warranties shall be enforceable from the date of delivery until expiration of
the manufacturer's warranty.
7. Substitution
Due to the changing market and rapid development of new products PMSI reserves the
right to substitute items of equal or better quality when needed for improved functionality
of the system. This would be done after full discussion and approval of the customer.
8. Installation
Except as otherwise specifically provided in Schedule A, all Products shall be installed by
PMSI at Customer's site listed on Schedule A at a mutually convenient time (during normal
working hours) consistent with the installation schedule set forth on Schedule A. PMSI will
furnish qualified personnel to install the software and hardware. Customer shall provide
qualified experienced personnel who are knowledgeable of Customer's existing computer
systems to consult with PMSI's personnel to effect the installation. Customer shall provide
reasonable lighting, heating, ventilation and other working conditions for the installation
and free and easy access to and from the place where the system is to be installed.
Customer shall prepare the site location for installation of the system at its own expense and
in accordance with the environmental, electrical, space and other specifications reasonably
necessary to operate the system. If PMSI installation personnel cannot proceed with the
installation upon arrival at the site due to Customer's failure to properly prepare the site
location, the actual expenses and labor costs incurred by PMSI resulting from the delay will
be paid by the Customer as an additional cost. PMSI shall endeavor to minimize any
interruption in Customer's business in the course of installation. Customer is responsible
for t~e co'st, installation and functioning of all equipment, items or devices not provided by
PMSI, and listed on Schedule A. Without limiting the generality of the foregoing, all
electric power, electrical wiring, cabling, telephone equipment, computers, modems,
printers, tables, network access, etc., are to be provided by Customer at Customer's sole
expense except to the extent specifically provided otherwise in Schedule A. Upon request,
PMSI will provide specifications with respect to such items and consultation with respect
thereto. Customer shall ready the site for installation of all Products in accordance with
such installation instructions, if any, as may be provided by PMSI and otherwise in a
manner consistent with a safe and proper environment for operation of the Products. No
electric power, network wiring, cable, or conduit is included in the purchase prices. All
REV 09/16/96
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network wiring, conduit, cable and fittings necessary for the operation of the hardware and
software shall be furnished by a third party or parties other than PMSI and paid for by
Customer. Network servers and any hardware or software related to the system but not
specified in Schedule A shall be furnished by a third party or parties other than PMSI and
paid for by Customer. All Products furnished by third parties shall meet the specifications
established by PMSI or shall be made to meet or exceed minimum specifications at the
Customer's expense. The purchase by the customer of third-party products that do not meet
minimum specifications shall relieve PMSI from meeting any performance obligations
established in this Agreement. Third party products will be deemed acceptable by mutual
agreement prior to the purchase of said equipment.
9. Acceptance (reference schedule C).
The Acceptance Period with respect to a Product shall expire upon the later of (i) thirty (30)
days after PMSI and Customer agree in writing that the Product has been "live", or (ii)
fifteen (15) days after satisfaction of all "Non-conformity Complaints" (as hereinafter
defined) duly made by Customer prior to expiration of the Acceptance Period. "Live" shall
be determined to be the completion of system requirements (Schedule C) and
completion/implementation of tasks and functions referenced in the RFP (02-134) that have
not been mutually agreed upon by customer and PMSI to be exempt. Such exemptions must
be in writing. A "Non-conformity Complaint" is a written notice by Customer to PMSI that
the Product's performance is not in substantial conformity with PMSI's specifications
therefore, and which notice describes such non-conformity in a sufficient detail and
specificity to allow PMSI to analyze and replicate the non-conformity in a test environment.
If more than two Non-conformity Complaints with respect to a Product are shown by
PMSI to be incorrect (i.e., the alleged non-conformity is not in fact present), PMSI shall
have the right to require Customer to reimburse PMSI at PMSI's standard hourly rates for
the time spent by PMSI personnel in analyzing all other Non-conformity Complaints with
respect to that Product that prove to be incorrect. A Non-conformity Complaint is satisfied
when the non-conformity complained of is either shown to have been asserted incorrectly,
or cured in all material respects.
10. Software License Ownership and Confidentiality
A. All software Products listed on Schedule A (including all manuals and
documentation applicable thereto, and including all updates and enhancements
thereto or new versions thereof subsequently made available by PMSI) are
provided to Customer pursuant to a non-exclusive and non-transferable perpetual
license for Customer's use in its own business operations on the number of work
stations (whether stand alone or network) listed on Schedule A. No title to or
ownership of any such software Products is hereby transferred to Customer.
Customer shall not copy or reproduce any such software in whole or in part,
except to make back-up copies for Customer's own use.
B. PMSI may disclose to Customer information which it considers confidential and
proprietary, including without limitation, documentation, plans, business and
technical information, marketing and other materials, software and data
REV 09/16/96
3
("Proprietary Information"). Customer shall keep the Proprietary Information in '
confidence, protect the Proprietary Information from disclosure to third parties
and restrict its use as provided in this Agreement. Customer shall not copy
Proprietary Information, in whole or in part, except as authorized by PMSI in
writing. Customer acknowledges that unauthorized disclosure of Proprietary
Information may cause substantial economic loss to PMSI and/or its vendors,
suppliers and licensors and Customer is entitled to obtain injunctive or other
equitable relief in connection therewith. PMSI acknowledges that this Agreement
and certain documentation and information may be subject to Georgia's Open
Records Act (O.C.G.A. S 50-18-70, et seq.). PMSI shall cooperate fully in
responding to such request and shall make all records, not exempt, available for
inspection and copying as required by law. PMSI shall clearly. mark any
information provided to Customer which it contends is Proprietary or constitutes a
trade secret. PMSI shall notify Customer immediately of any Open Records
request arising out of this Agreement and shall provide Customer a copy of any
response to same.
C. PMSI, at its own expense, will defend and indemnify Customer against any claim
for information under the Open Records Act which PMSI claims is Proprietary or
constitutes a trade secret and against third party claims that the PMSI Software
infringes a United States trademark or copyright protected under United States
law, provided Customer (i) gives PMSI prompt written notice of such claims,
(ii) permits PMSI to defend or settle the claims, and (iii) provides PMSI all
reasonable assistance in defending or settling the claims.
11. Warranty
PMSI hereby assigns to Customer any and all rights available under warranties of the
Products by the manufacturers thereof. PMSI DISCLAIMS AS TO ALL PRODUCTS
AND ALL SERVICES ALL OTHER WARRANTIES OF ANY KIND, INCLUDING
WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
12. Limitation of Damages and Remedies.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO
EVENT SHALL PMSI'S AGGREGATE LIABILITY IN RESPECT OF THIS
AGREEMENT (REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM A
CLAIM BASED UPON THE LAW OF CONTRACT OR TORT, INCLUDING
NEGLIGENCE) EXCEED THE TOTAL AMOUNT OF THE PAYMENTS RECEIVED
BY PMSI FROM CUSTOMER PURSUANT TO THIS AGREEMENT.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO
EVENT SHALL PMSl BE LIABLE FOR SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARIS~G OUT OF OR IN CONNECTION WITH
THIS AGREEMENT, OR THE FURNISHING, USE OR PERFORMANCE OF ANY
PRODUCT COVERED BY THIS AGREEMENT, REGARDLESS OF WHETHER THE
CLAIM OF LIABILITY IS BASED UPON CONTRACT OR TORT, INCLUDING
REV 09/16/96
4
NEGLIGENCE, AND REGARDLESS OF WHETHER PMSI WAS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
13. Training.
PMSI shall provide Customer with training in the use of the Products as set forth in
Schedule A. The fees for such training shall be in the amount and due and payable, as set
forth in Schedule A. Such training shall be scheduled at a mutually convenient time at
Customer's site. Additional training and instruction shall be provided. upon Customer's
request at PMSI's then prevailing hourly training rate, plus expenses, at a mutually
agreeable site and at a mutually agreeable time.
14. Maintenance.
Upon expiration of the applicable warranty period set forth in paragraph 10 hereinabove,
PMSI shall have no further obligation to service or maintain the Products except as
provided for in a separate Maintenance Agreement, if any.
15. Notices.
All notices required hereunder shall be in writing and shall be deemed to have been duly
given if either hand delivered, mailed by certified or registered mail, postage prepaid,
addressed to the party to whom intended at the address provided below or at such other
address as such party shall hereinafter designate to the other party in writing, or sent by
verified telefacsimile transmission:
Customer:
Augusta, GA Information Technology Department
530 Greene St Annex 101
Augusta, GA 30911
A TTN: IT Director
Fax No. 706-821-2530
With Copy to:
Administrator
530 Greene Street, Room 801
Augusta, GA'30911
706-821-2419
PMSI:
Palmetto Microfilm Systems, Inc.
202 North Lake Dr
Lexington, SC 29072
ATTN: Bob Gilliam, President
16. Assignments
This Agreement is not assignable. None of the licenses granted hereunder may be
sublicensed, assigned or transferred by Customer without the prior written consent ofPMSI,
which consent may be withheld by PMSI for any or no reason whatsoever in its sole,
discretion. Any attempt to sublicense, assign or transfer any of the rights, duties or
obligations under this Agreement is void.
REV 09/16/96
5
17. Modifications
This Agreement may not be modified or amended in whole or in part except pursuant to a
writing signed by both parties.
18. Severability
The illegality, invalidity or unenforceability of any terms or conditions herein shall not
render illegal, invalid or unenforceable any other terms or conditions herein.
19. Entire Contract
Customer acknowledges that it has read this Agreement, understands it, and agrees to be
bound by its terms and conditions. Further, Customer agrees that this Agreement, together
with any other applicable agreements, certifications, amendments and supplements and any
exhibits or attachments thereto, referencing this Agreement or expressly made a part hereof
that are duly signed by the parties will be the complete and exclusive statement of this
Agreement between the parties, superseding all proposals or prior agreements, oral or
written, and all other communications between the parties relating to the subject matter of
this Agreement.
21. Governing Law.
This Agreement shallbe governed by the laws ofthe State of Georgia.
22. Dispute Resolution
PMSI and Customer hereby submit to the personal jurisdiction and venue of, the Superior
Court of Richmond County, Georgia, for purposes of enforcing this provision and
resolving any controversy or claim arising out of or relating to this Agreement and waive
any right to contest or object to same.
REV 09/16/96
6
..
EXECUTED as of this q4.t day of iI.Rrl2~
Accepted By:
~ .-'.~
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B :,......-' \ . ,:; , ,
. ,-<,,,c,'B.-ob Y. oungtM yor)
, ~....__." _ ~ ~"I v;"'b
_. .~ .~
cAttest:' -: ::~. c,: ~ ;
:: - ',t~,:' _, er"(L;l .
~ ., NAN~X I'ICJ12AUS1tj
"
7~7'-~\ ~.. "
REV 09/16/96
,2002.
PALMETTO MICROFILM SYSTEMS, INC.:
BY~~#~ _,,""',~':::"
Tit~,,~~ ,/"'--"
~ -~ ~ '-
~::::2~ - .-
Attest: 01/1 (If ( ~ ~: <-
Title: S1.~ J , ;; -- ~
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........ . ~
7
SCHEDULE A
1. Customer Site Address:
Richmond County
530 Greene Street
Augusta, Georgia 30911
Account Contacts
Mike Blanchard 706-821-2862
Tameka Allen 706-821-2529
2. "Products" and "Services"
Price and/or Fees
Hardware:
10- Canon Dr- 5020 Scanners with 12 months warranty $62,000.00
1- Canon Dr-3060 Scanner with 12 month warranty $4,050,00
11-Adaptec Cards $1,925,00
Software:
55-0TG/Legato AX/WX License with 12 mths. warranty , $80,000.00
Option-90 OTG/Legato AX/WX with 12 mths. warranty $108,000,00
OTG/Legato Disk Xtender License $9,500,00
OTG 11 Scan Xtender Licenses $13,500.00
OTG SDK $5,000,00
Professional Services:
Project Management $75,000.00
Customization/lntegration with existing apps $26,000.00
Training $13,250.00
Operator Training (up to 14 operators)
User Training (up to 25 users)
Administrative Training (up to 3 system administrators)
Implementation/Installation
$10,000.00
Hardware Maintenance: Year 2 Projected -$14,750.00
Software Maintenance: Year 2 Projected -$33,000.00
Shipping / Freight: Included in price
REV 09/16/96
SCHEDULE A
(continued)
3. "Products" and "Services" Furnished by Customer
Database/Storage Server(s)
Web Server
Microsoft SQL Server and Clients
Scan Workstations
*Note- Richmond County is responsible for providing all above stated equipment and
the maintenance and support for above stated equipment.
4. Anticipated Delivery Date
See Item 9: Installation and Implementation Schedule
5. Training Included (be specific)
Operator Training (up to 14 operators)
User Training (up to 25 users)
Administrative Training (up to 3 system administrators)
*Note- A training room is requested by PMSI for operator and user training.
REV 09/16/96
2
6,PMSI Standard Response Time
See Attached Optical Maintenance Agreement
7, Other Training/Installation Cost
PMSI requests that each installation provide at least one (l) qualified person to be
designated as a "System Administrator". Additional training or re-training above our
stated times (Schedule A, Section 7) will be billed at our standard rate of $150.00 per
hour - minimum of three hours including portal to portal travel time. Expenses will
also be added when and if overnight stays are necessary due to distance and time
required at the customer site.
8, Improperly prepared site location (paragraph 7, page 2 of Agreement)
When PMSI personnel cannot proceed with the installation upon arrival at the site due
to customer failure to properly prepare the location, the customer will be billed / or
expenses that result from the delay at our stated hourly rate.
REV 09/16/96
3
SCHEDULE A
(continued)
9, lnstallation/Implementation Schedule: All dates are subject to change depending
upon date of project approval by Augusta Commission and resource availability and
scheduling thereafter. PMSI is not to be held accountable for scheduled dates when
resources cannot be acquired by Augusta in the timeframe specified below.
Installation Schedule Service Performed
Week of: Dec 9 Project Kickoff Meeting
Begin Systems Analysis
Begin Infrastructure Design and Configuration
Order Hardware related to project
Week of: Dec 30 Install, configure, and test server-related equipment at IT
Week of: Jan 13 Begin Departmental Implementations and training for
Administrative Users, Operators, and End Users,
Coroner Implementation
Week of: Jan 20 Probate Implementation
Week of: Jan 27 Sheriff's Office Implementation
Week of: Feb 3 Solicitor's Office Implementation
Week of: Feb 10 District Attorney Implementation
Final Acceptance Testing
Official "Live" Date
Week of: Mar 10 30-Day Acceptance Period Complete
Phase I of Project Complete
Vendor Payment Authorized
REV OWl 6196
4
Schedule B
(Payment Schedule)
Payments referred to under this schedule relate to software and services provided
by PMSI and do not include hardware.
Initial Payment: 10% "good faith" deposit due upon contract acceptance,
Second Payment: 70%, due upon delivery of the product to the customer.
Final Payment: 20% due when system is operational per our technical support
personnel or no later than thirty (30) days after a successful live date agreed upon by
Augusta and PMSI. Delays that are the fault of PMSI will be taken in to consideration
for .final payment date, A copy of the image system's release form is included as part
of this product agreement document.
Exceptions: (Federal Government Accounts)
REV 091\ 6/96
Schedule C - Acceptance Criteria
The criteria listed below are derived from the Vendor Implementation Plan Requirements. For
each item, Status and Date should be recorded when they have been addressed, either as
"Complete", "Incomplete" with an explanation, or "Amended" with an explanation, Items that are
classified as Incomplete or Amended will endanger acceptance unless both parties agree (with
initials by the items) that the status is acceptable to both parties, This provision is in place so that
unforeseen technical and/or administrative problems will not cause breach of contract.
Expected Deliverables (at end of project)
These items should be the last to be signed off, In essence, these indicate that everything else
has been satisfied,
::!;1StatusDate
,/--. -. .-.. -, .
Document scanning, indexing, storage, and viewing
capability (as outlined in this document) in Phase I Augusta
government departments: Probate Court, Coroner, Sheriff
(Records), Sheriff (CID), District Attorney, and Solicitor,
Electronic access via an Internet browser to documents
stored in the vendor's solution,
System Requirements
Timeline
;[';5$!~~~~'Jl~at~,
The pilot projects of this implementation will be complete in
no more than 3 (three) months from the execution of the
contract by all parties, Completion of all Phase I
departments is expected within 6 (six) months of execution
of the contract.
If possible, Augusta prefers that the Phase I departments
that are not designated as Pilot Projects will go "live" Jan 1,
2003 to ensure a clean starting point for data entry, This is
subject to change based on contract negotiation time,
Commission approval, and equipment delivery,
Note:
.:. Vendor is not held liable for violation of the time-to-implement requirement if the actions of
Augusta result in a project delay, The reasons for delays must be described and submitted to
Augusta in written format. Augusta will accept responsibility for delays from these causes:
o Inability to procure equipment (hardware, software, network) in time .to meet critical
project dates,
o Indecision or lack of cooperation (documented via phone messages or e-mail) from
Augusta IT staff or Augusta Departments, For example, if a phone call or e-mail asking
for guidance on an issue is not answered for two weeks, Augusta has not fulfilled its
obligation as a cooperative customer,
Database and Image Formats and Archiving
~YiSf~Iq~iQc1J~;;~
Augusta prefers either Microsoft SQL Server or Oracle as
the database for this project, but vendors may present
alternatives, Unix or Microsoft Operating Systems are both
acceptable,
It is preferred that the image compression format not be
proprietary to the vendor,
The software shall function in a networked multi-user
environment. Vendor is to make recommendations
regarding the optimum clienUserver relationship.
Ability to store documents for defined retention periods,
customizable for different types of documents, and
manageable through a centralized source,
Solution will enable the user to create microfilm by
recommending a service provider/contractor to provide
microfilming as a service if they so desire.
Legal Requirements/Standards
:);;;1~ii~~;~t~J~~~iit;;;l~}r ~~~ta~~Is:~~ate;~'.
It is recommended by the State of Georgia that systems
provide a scanning resolution with enough density to
produce a high-quality image, Scanners should have
verifiable quality and should be at a density of at least 200
dots per inch for textual documents and 300 dots per inch
for engineering drawings, maps, and other documents, This
is the minimum requirement from the State, but Augusta
requests that the vendor suggest a minimum that would
ensure high-quality along with practicality in relation to
scanning equipment and storage space requirements,
Vendor is encouraged to make recommendations on the
best scanning properties for certain types and sizes of
documents, including photographs, legal documents, maps,
plats, drawings, historical documents (where age may be a
factor in scanning), etc,
Document Capture and Manipulation
Software shall have the ability to scan, rescan, replace,
resize, alter resolution, rotate, adjust brightness, sharpen,
digitally annotate, store, retrieve, query, and export
documents
Software will have the ability to export documents to
multiple formats that are generally accepted by the
marketplace: TIF, BMP, JPEG, etc,
Software will have the ability to rescan documents that do
not meet quality standards,
Software will have the ability to scan at multiple resolutions,
in multiple color/black and white formats depending on
document type,
Software will support documents up to 3 feet X 4 feet in
size,
Software will have the ability to scan in single or batch
mode,
Software will have capability to scan and index single-side
or duplex documents with minimal user interaction,
Software must be able to incorporate non-image
documents such as word processing files, spreadsheets,
video clips, and voice files,
Users will have the capability to annotate documents with
highlighting, text, redaction, etc, Such text will be
"intelligent" so that it can be determined who added it and
when it was added,
Annotation will be security-dependent such that users
without proper authorization cannot annotate or remove
annotation from restricted documents,
~1~t~lij~f~~ate:~'
2
Users without security access will not be able to view
annotation that they are not authorized to see,
Indexing, Searching, and Viewing
I',," ' ',' ';j.'J;>,~ ,: .'.' '.,:' '.' "; , ,~,'\~!$tc!t@l;;~l~~l'l1 ~~sti.i,~Y:~'[)ate" .
Software shall have the ability to perform multiple field
indexes and retrieve documents based on any index,
Software will have the ability to import pre-existing digital
documents and index them as though they were scanned
using the software's tools for original documents,
Vendor will describe how many indexes are allowed on any
given document and how indexing is done: Manually, Bar
Codes, OCR, ITR, etc,
Software will support "heads-up" indexing so that the user
has a split screen format in which to view and index the
document.
Software should have the capability to conduct fu II-text
searches (optional),
Software should be able to save searches for later
reference,
Software must restrict searches based on user security
(e,g, sensitive or confidential documents),
Software must allow searching with wildcards to enable a
search when only an incomplete index item (name, case
number, etc) is known,
Document Management and Security Requirements
i~,$l~t(j~[P.],t:e;: '
Document hierarchy should reside in a organized structure
allowing for folders per application or document type
Ability to create case or project, files that allows for linking
of disparate documents through one interface,
Ability to organize groups of documents based on custom
indexes,
Ability to support long file names and descriptions for
documents and folders
Users should be able to check in/check out documents
based on their security characteristics,
Web-based access, content management, and publishing
for all users no matter what their location,
System must allow for documents to be moved from one
folder to another without requiring re-scanning,
Software shall have security that enables the administrator
to restrict access to documents based on user, group, and
department level.
Ability to integrate with the security of the network
operating system,
Software will allow electronic signatures,
Ability to implement security to documents independent of
the user, group, or department level as needed,
Software will allow for logging of user access,
Interface I Usage Options
\1~~$f~f(jsiD'at~.:
3
Software shall have an API (Application Programming
Interface) that will enable it to be called or used from
another standalone or vendor-purchased application,
Specifically, Imaging functions (scanning, rendering,
printing, storing, retrieving, etc) must be made available via
ActiveX controls and other COM-based components for the
purpose of integrating the vendor's document imaging
solution into in-house applications, This must be a
demonstrable feature, not "to be written" by the vendor
specifically for this project.
Software shall have the ability to be used as a standalone
product when no interface to existing software is available,
Output and Distribution
'Statl:.s~;~~\~}'l ;~k$Ii:!ftIs~Ojt'~ifs"t1
Ability to print all scanned documents to printers
comparable to Hewlett-Packard laser, deskjet, and
designjet printers at the size at which they were scanned,
Software must demonstrate "printability" of scans so that
hard copy printouts of scanned documents are easily read,
Ability to shrink or enlarge the printed image ("shrink to fit")
so that printing is not printer-dependent.
Documents must be able to be printed with or without any
user annotations, depending on user security level.
Documents dependent on scale such as maps should
retain their scale after scanning and printing,
Web Content and Interface
. ' ;"st~Jijs~;f;:':.;;i;; Z~;~~lft'@~pat~~;~i
There must be fast, reliable on-line access to images
, through a Graphical User Interface, or a web browser,
Images will be stored in such a way that they can be
accessed via an Internet browser for view/inquiry only
access, using search criteria tied to the index information
applied to the image at scan time,
Software shall have the ability to automatically publish
documents to a web site in standards formats such as
HTML or PDF,
Software shall have the ability to update documents posted
to a Web site following revision by the author,
~;~$J~t'l:r$1i;p:~1~111~
It is preferred that the vendor provide a 1-800 number for
technical support,
The vendor shall provide hours of support consistent with
the hours of operation of Augusta government offices,
generally 8:30 AM - 5:00 PM, Monday through Friday,
The vendor shall include program upgrades as part of the
ongoing support agreement.
The vendor shall provide documentation to Augusta in one
of the following three formats: Hardcopy manuals, Compact
Disc, or online manual (built into the product or stored on
the server - NOT via the Internet),
The vendor will provide options for technical support to
include multiple levels of service if applicable, This can
include replacement of malfunctioning equipment, phone
support, on-site assistance, customization, etc,
Product Maintenance for software will begin on the "live"
4
date and will continue for a time period of not less than one
year, Augusta will not pay maintenance until the beginning
of year two, The "live" date can be defined as the date on
which all Phase I departments are installed and operational
as per the requirements in this document.
Vendor shall arrange training for Augusta personnel using
this product based on information supplied in departmental
requirements,
The vendor must warranUhe system and its accessories,
including hardware and software, to perform in accordance
with the specifications contained herein for a period of not
less than twelve (12) months from the date of system
acceptance by Augusta, During this time period vendor is
accountable for all repairs, parts, travel costs, and other
maintenance, including replacement, caused by defects in
their product(s),
~~;;);~~$tatus ,,:;,~};~ /:StatiJ,~'J:;)~J~>q;"
Note: Vendor is exempt from hardware issues when the hardware was provided by a third party
or purchased elsewhere by Augusta, In these cases the specific hardware vendor is held
accountable, Likewise, vendor is exempt from a warranty issue when the problem was caused
by neglect, mischief, vandalism, or error on the part of Augusta personnel. This occurs on a
case-by-case basis and does not apply to more than one "event", In short, one fault by Augusta
does not nullify the entire warranty as describe above,
5
;
Implementation and Acceptance of Product
A "live" system shall be defined as meeting all of the performance criteria as described in these
system requirements. In addition, the specific tests in this section must be completed
successfully, including a 30-day period following the "live" date as agreed upon by Augusta and
PMSI. If environmental conditions (departmental workload, personnel availability, etc,) preclude
execution of these tests at the level specified, then PMSI and Augusta will negotiate alternative
acceptance criteria on-site if necessary, Likewise, if technical, administrative, or budgetary
considerations imposed by Augusta preclude the application of some of the technology needed
for these tests, the affected tests will be voided,
.,
Vendor will be on-site during the implementation of the pilot
projects and Phase I departments, If Augusta is to pay for
travel, lodging, etc, during implementation, it must be
included in the price list accompanying the Implementation
Plan,
Acceptance Tests The EOMS will be considered "accepted" by Augusta when:
Endurance Testing: Oeliverables are accepted when they
are installed and operational for a time period not to exceed
one month without significant interruption due to software
or hardware related technical issues, Vendors are exempt
from liability in this time period if the issues causing down-
time are not related to the quality of the hardware or
software they installed, This tests the longevity of the
system,
Load Testing: Augusta will require that at least 20 stations
be on-line to the EOMS simultaneously, while scanning is
being done in at least 5 locations, This is to ensure that the
system can operate with a moderate load,
Output Testing: Stations must be able to print documents
that have been scanned into the system within the following
parameters:
1, Printing must take less than 30 seconds (from
completion of "Print" sequence to hard-copy in hand),
2, Print must have annotations that the user added to the
document.
The EOMS must be started and ready for user interaction
(searching or input) within 30 seconds of user initiating the
application start sequence, e,g, double-clicking an icon,
EDMS must refuse acces~ and edit capability to those
without adequate security,
Web browser capability must be fully functional from within
the county network (Intranet only), This will not apply if
Augusta does not purchase a web server,
Personnel from outside of the county network must be able
to query scanned documents via their home web browser,
This will not apply if Augusta does not purchase a web
server,
3D-day acceptance period
6
~7:Stat~!>Date, .
"
Schedule 0 - Proof of Performance Bond
Please See Attached
.'.......0.. ". .. .....
,
(For Private Work only)
Number _---.l~4l5_3____,
l,;He. Hq(wJ.Car. t,tlSinsss
tAt.~ik,~;'-~1iI:>
PERFORMANCE BOND
KNOW ALl. MEN BY THESE PRESENTS:
That ___Palme_t;, t a __i1i CI.9Ji l~~J emE~ns__________________________
as Principal, hereinafter called Contractor, and Auto-Owners Insurance Company at Lansing, Michigan
as Surety, hereinafter ~alled Surety, are heid and firmly bound unlo_-Ri.c..bm.on~.lln.t~~.QJ:g.La___________
as Obligee, hereInafter callGd Owner In the amount of._-.O.n~d{~d .J:..i.i..~~n_..J:ho_1JE..aIJ~1._C!nc;l__OQL100_
Dollars ($ 11 5 , 000 . 00
for the payment whereof Contractor and Surety bind themselves, their heirs, exeClJtors, administrators, successors !'Jnd 6ssigns,
jointly and severally, firmly by these presents,
WHEREAS, Contractor has by written agreement dated __lL...D_~_eI1lber ,__2002_____________________
entered into a contract with Owner for_...p.I..o.f"..e.M,Bm.aL..l!ervi ces inval vin&'-1..he i.!Jl.Q.lem~n_ta t ion,
mana geme n t and c us t ami z a t i OI]._~...s;Q!!!I?.!! t ~I.._ so it wa!"~_____________.____
in accordance wit~~nd specificati/yrepared by Richmond CauntY-L- GeoK,g;h9-_________
-~1-~6-t1!,;;~~.F"'N~.~"~-~-------
which contrad is by reference made a rart hereof, and is hereinafter referred to as the contract
NOW, THEREFORE, THE CONDiTION OF THIS OBLIGATION Is such, If Contractor shall promptly and faithfully perform said con-
tract, than thiF. obligation shall be null and void; otherwise it shall remain in full force and effect
Whenever Contractor shall be, alO:1 declared by Owner to be In default under the contraci. the Owner having performed Owner's obll-
gat!ons thereunder, the Surety may promptly ramecy the default, or Shall promptly
(1) Complete the contract in accordance with its terms and conditions, 01
(2) Obtain a bid or bids for submission to Owner for completing the contrad In aCCQrnance with itS terms and conditions, upon
determination by Owner and Surety of the lowest responsible bidder, arran-Ole lor a contract between such bidder and Owner
and make available as work progresses (even though there should be a default or succession of defaults under the contract
or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion lass the balance IJT
the contract price; but not exceeding, including other costs and damages for which the Surety may be liable here under, the
amount set forth in the first paragraph hereof. The tern] "balance of the contract price," as usee in this paragraph, shall
mean the total amount payable by Owner to Contractor under the contract and any amendments thereto. less the amOLlnt
properly paid by Owner to Contractor,
A.ny suit under this bond must be Instltutoo before the expiration of two (2) years frOOl the date on which final payment under the COl-
tract falls due.
No right of action shall accrue on this bond to ,Jr for the use of any person or corporation other than the Owner named here in or the
heirs, executors, administrators or successor::; of Owner.
Signed and sealed this 11 t h
day of ,December, 2002
~962 [2-DO)
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2962 (2-00)
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~TO.QWNERS INSU CE OMPA~Y .
J Su'e -
B\, _ _ nu __
Attoll1ey-in-Fact
For Auto-Owners Insurance Co.
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?1;jf:~i~'.:,$~r'!(:J~!~1~;' '~:. ;:.\\?~~!..,~. '~n'. ,_ ,
":i('",,~8':', ;::'Jf::.the words "UNAUTHG>RIZE ' , " "
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