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Home My WebLink AboutPALATINE TECHNOLOGY GROUP ;OFTW ARE MAINTENANCE AGREEMENT 1 SOFTWARE LICENSING AND SERVICES AGREEMENT This SOFTWARE LICENSING & MAINTENANCE AGREEMENT made and :ntered into between Palatine Technology Group (PTG), with its place of business at 6303 )wensmouth Ave 10th floor, Woodland Hills, CA 91367, and Augusta, Georgia, a political ubdivision of the State of Georgia, with its place of business at 530 Greene Street, \ugusta, GA U.S.A., 30911 (Customer) determines the obligations ofPTG for the support ,nd maintenance of Electronic Warrant Interchange Software (EWI). 1. Services Provided by PTG - During the term of this Agreement, PTG shall perform he services described in Schedule "A", Electronic Warrant Interchange Proposal, attached lereto and incorporated herein by reference to assist Customer in the maintenance and epair of the Electronic Warrant Interchange Software. Customer shall have access to the ITG help desk through telephone support service or by contacting technicians designated lY PTG for EWI software. If an on-site visit is required to restore software to proper vorking order, PTG will report to the Customer's location within a reasonable time frame lpon receipt of contact by Customer (a technician would be dispatched to customer's site III next business day if trouble call is received by 12:00 PM. For calls received after 12:00 1M a technician would be dispatched on following business day). If it is determined that he problem is not related to PTG and its software the customer will be billed accordingly or an on site visit. 2. Fees and Charges - In consideration of PTG' performance of its obligations lereunder, Customer shall pay PTG the fees and charges set forth in Appendix "A" of the ~lectronic Warrant Interchange Proposal. Fees and charges shall be paid to PTG in Lccordance with the schedule set forth in Schedule C, "Project Schedule". 3. Proprietary Rights and Licensing - PTG shall own the entire right, title and interest n and to all corrections, programs, information and work product conceived, created or level oped, alone or with Customer or others, as a result of or related to the performance of his Agreement, including all proprietary rights therein or based thereon. lhe Customer acknowledge and ~ree that all of the computer programs and associated locumentation (collectively, the "Software") are owned exclusively by PTG and is )rotected by copyright laws. While PTG continues to own the Software, customer will have :ertain rights to use the Software after acceptance of this license. Customer agrees that the )rice paid for the Software is a license fee granting you only the rights set forth in this jcense Agreement. This license governs any releases, revisions, or enhancements to the )oftware that PTG may furnish by their sole discretion. Customer rights and obligations vith respect to the use of this Software license are as follows: A. Customer may use the Software for each annual terms for which have paid the applicable fees. Upon the expiration of the current annual term, they will not be able to use the Software until the applicable fees for additional annual terms are paid. PTG shall provide at least 30-day notification that annual term is set to OFTW ARE MAINTENANCE AGREEMENT 2 expire. The application alerts user that license is about to expire 30 days prior to your license expiration date. B. Customer may not copy or make any changes or modifications to the Software, and may not translate, decompile, disassemble, or otherwise reverse engineer the computer program(s). Customer may not lend, rent, lease or sublicense the Software or any copy to others for any purpose. Customer may not use each licensed copy of the Software on more than one computer and agrees to use all reasonable efforts to protect the Software from unauthorized use, modification, reproduction, distribution or publication. C. Customer is not permitted to make any uses or copies of the Software that are not specifically authorized by the terms of this License Agreement, and PTG reserves all rights that are not expressly granted to Customer. 4. ~ustomer's Obligation - Customer shall provide PTG with all information, documentation nd access to the Software and all equipment running the Software and all related ~lecommunication systems as PTG may require in order to perform the services set forth 1 Section 1 hereof. Customer shall designate to PTG an individual to serve as Customer's rimary contact with PTG with respect to the services to be provided by PTG under this greement. Such individual will have the knowledge to relate the technical aspect of oftware problems to PTG and receive, interpret and apply remedial instructions from TG. Customer shall provide PTG with remote VPN client account and password for ~mote support and software updates. PTG will sign the Customer's VPN Vendor Access greement, verifying that the PTG will respect the integrity of Customer's network and ~curity protocols. Access to Customer network through the firewall will only be granted fter said agreement has been signed. The VPN Vendor Access Agreement is attached as chedule B. Signature of this contract by PTG indicates PTG agreement with the onditions of the VPN Vendor Access Agreement. 5. Negation of Warrant v - PTG does not warrant the Software will meet or continue to leet the specifications or that any or all errors, malfunctions and defects can or will be orrected. All corrections, programs, information and services are provided on an "as is" asis, and there are no warranties, expressed or implied, including, but not limited to, any .rarranties of merchantability or fitness for particular purpose. The provisions of this aragraph shall not be construed to relieve PTG of any or all obligations arising under 'aragraph." 1 " of this Agreement. PTG specifically agrees to exert its best efforts to correct ny or all errors, malfunctions, or defects. 6. No Infringement Indemnification - PTG shall have no liability to Customer for the lfringement of any proprietary rights as a result of or related to this Agreement or to any ervices provided to Customer by PTG hereunder. Customer shall have no liability to PTG Jr the infringement of any proprietary rights as a result of or related to this Agreement. PTG acknowledges that this Agreement and certain documentation may be subject J the Georgia Open Records Act (O.C.G.A. S 50-18-70, et seq.). PTG shall cooperate ully in responding to such requests and shall make all records, not exempt, available for lspection and copying as required by law except company Trade Secret and proprietary OFTW ARE MAINTENANCE AGREEMENT 3 lformation. PTG shall clearly mark any information provided to City which PTG ontends is Proprietary Information. PTG shall notify Customer immediately of any Open ~ecords request arising out of this contract and shall provide to Customer a copy of any ~sponse to the same. 7. Limitation of Liability - PTG shall not be liable to Customer for any damages ~sulting from or related to the services performed by PTG hereunder, including, but not mited to, any loss of data or software, inability of PTG to correct any errors, malfunctions nd defects in the Software, or delay of PTG in performing any services hereunder. In no vent shall PTG be liable to Customer for any indirect, special or consequential damages or )st profits arising out of or related to this Agreement, even if PTG has been advised of the ossibility thereof, knew or should have known thereof, except where gross negligence on le part of PTG can be demonstrated. PTG' liability hereunder to Customer, if any shall in o event exceed the total of fees and charges paid to PTG under this Agreement by :ustomer. 8. Term - The term of this Agreement shall commence on the date of signing of all arties to the agreement and shall be in effect for a period of twelve months, unless sooner ~rminated as provided herein. 9. Termination by Vendor: Vendor may terminate this Agreement only upon the reach by the City of a material provision of this Agreement including failure to pay. Termination for Convenience: Upon advance written notice to Vendor, the City lay, without cause and without prejudice to any other right or remedy of Vendor, elect to ~!minate the Agreement. In such case, Vendor shall be paid (without duplication of any :ems): A. For work completed 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; B. For expenses incurred prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Agreement documents in connection with uncompleted work, plus fair and reasonable sums for overhead and profit on such expenses; C. For all claims, costs, losses and damages incurred in settlement of terminated contracts with subcontractors, suppliers and others, and; for reasonable expenses directly attributable to termination. Termination by Either Party. In the event of termination of this Agreement by ither the City or the Vendor, both agree to the following: A. City shall delete all installations (server and client) of the EWI PROGRAM, together with all copies, modifications and merged portions, or OFTW ARE MAINTENANCE AGREEMENT 4 B. Return the PROGRAM together with all copies, modifications and merged portions to Vendor, or C. City may continue to use the PROGRAM with the permIssIOn of the Vendor, with no expectation of continued maintenance, support, update, or upgrade for the reminder of licensing term. The Licensing is renewable every year and city licenses would be renewed on the server upon the renewal of the licensing agreement. This agreement entitle customer to 24x7x365 technical support. D. In cases referenced according to items A and B above, Vendor shall certify in writing that all proprietary information, data, schema, or documentation belonging to City have either been returned to Licensee or destroyed and VIce versa. 10. General A. Notices - All notices, which are required or may be given pursuant to the terms of this Agreement, shall be in writing. Any such notice shall become effective (i) upon personal delivery thereof, including, but not limited to, delivery by overnight mail and/or courier service, (ii) four days after it shall have been mailed by certified or registered first class mail, postage prepaid, return receipt requested, to be notified as follows: If to PTG: Palatine Technology Group Contract Administrator 6303 Owensmouth Ave. Woodland Hills, CA 91367 Telephone 800-610-7897 FAX 818-936-2101 If to Customer: Tameka Allen, IT Director 530 Greene Street, A-101 Augusta, GA 30901 T: 706.821.2522 F: 706.821.2530 Copies to: Fred Russell, City Administrator 530 Greene Street, Room 801 Augusta, GA 30901 T: 706.821.2400 Or at such other address a party may from time to time designate in a notice to the other party. OFTW ARE MAINTENANCE AGREEMENT 5 B. Counterparts - This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. C. Assignment - Customer may not assign or transfer this Agreement or Customer's rights and obligations hereunder without PTG' prior written consent. PTG may not assign or transfer this Agre~ment or Customer's rights and obligations hereunder without Customer's prior written consent. D. Law Applicable - This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. All claims, disputes and other matters in question between the City_and the Vendor arising out of, or relating to, this Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. Vendor, by executing this Agreement, specifically consents to venue and jurisdiction in Richmond County, Georgia and waives any right to contest jurisdiction and venue in said Court. E. Entire Agreement - This Agreement and the schedules attached hereto constitute the sole and entire agreement between the parties relating to the subject matter hereof. F. Waivers and Amendments - This Agreement may be amended, superseded, canceled, renewed or extended, and only a written instrument signed by each of the parties hereto or, in the case of waiver, by the party waiving compliance, hereof may waive the terms. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. G. Binding Effect -_This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. H. Schedules and Exhibits Part of Agreement - The schedules referred to herein shall be deemed part of this Agreement as fully and effectively as if set forth herein. I. Severability - If any provision of this Agreement or the application thereof shall for any reason be invalid or unenforceable, such provision shall be limited only to the extent necessary in the circumstances to make such provisions valid and enforceable and its partial or total invalidity or unenforceability shall in any event not affect the remaining provisions of this Agreement which shall continue in full force and effect, provided any provision of this Agreement held to be invalid or unenforceable is not essential to the parties receiving the economic benefit contemplated by this Agreement. J. Time is of the Essence - Time is of the essence of this Agreement. 11. ;OFTW ARE MAINTENANCE AGREEMENT 6 System Acceptance. "System Acceptance" as used herein means the date on which ill of the following events have taken place: A. 30 calendar days have passed since "Go-Live", which is the date on which the system is implemented ready for business use. B. All System Requirements have been successfully completed or PTG and the Customer have mutually agreed to complete them within a specific time period defined for each specification/issue.. The demonstration of the delivered solution meeting all System Requirements is the PTG's right and responsibility. In the event that arrangements have been made to complete some of the System Requirements at a later date, this must be with the written approval of the Director of Information Technology and the Chief Official of the customer department or office, whose operations would be impacted by the inability of PTG to fully implement their software. C. Complete and Final payment to PTG will not take place until System has been accepted. 12. Technical Support. The Customer is entitled to 7x24x365 support as long as valid icenses are maintained for the entire system. The Maintenance Agreement for this system s found as Schedule D of this contract. IiJ WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be {ecuted by an officer thereunto duly authorized as of the t d wlJ C /JIb? 11 { cPt( i >rint Name)' / Print Name (Deke Copenhaver) (~0- ~/:~~ ;ignature) / PhS,.J;f Title) :tlatine Technology Group Mayor. City of Augusta (Title) Lffl,cq ate Date Attest: sion Signature A~ 'if! J t AlIi >FTW ARE MAINTENANCE AGREEMENT 7 -- ~?9'l rf1 Schedule "A" PSLSTlnII TecHnDLQI;J:/ srDUP 6303 Owensmouth Ave. 10th floor Woodland Hills, CA 91367 Telephone 800-6107897 Fax 818-936-2101 Mailing Address: P.O. Box 6425 Woodland Hills, CA 91365 Contact: Edwin Mansoori 678-232-9068 818-206-2685 emansoori@palasys.com Electronic Warrant Interchange Proposal Submitted To: Richmond County, Georgia Submitted by: Palatine Technology Group OFTW ARE MAINTENANCE AGREEMENT 8 OFTW ARE MAINTENANCE AGREEMENT 9 ackground: lectronic Warrant Interchange (EWI) was created as a result of Georgia Supreme Court pecial project that was granted to Gwinnett County in 1997 to examine the process of btaining an arrest warrant by electronic means, instead of traveling to courts and meeting ldges face to face. Palatine Technology Group (Formerly Palatine Systems Corp) had the Dnor of developing this product for Supreme Court special permit project in state of reorgia. On March 17,1998 at 10:00 a.m., a warrant was issued in Gwinnett County, GA ld history was made. The March 17 warrant was the first in the nation's history to be valuated, authorized, issued and signed -- on-line. Custom-built for the Gwinnett County ldicial system, the groundbreaking Electronic Warrant Interchange (EWI) ideoconferencing and document management system automates the entire warrant :suance process. A critical element of this end-to-end solution is a state-of-the-art lectronic signature captures and patented electronic warrant generation process. ,s a testament to the EWI system's efficacy and value, the Georgia State Legislative ,ssembly amended the state's penal codes in 1998 session to sanction its usage throughout le state. In addition to removing language specifying that the arresting officer "appear in erson" before a judge, the new Georgia Electronic Records and Signature Act recognizes le legality of an electronic signature under strict criteria -- all of which EWI document .gn-off and authentication technology fulfill. ince 1997 Palatine Technology has been in fore front of electronic collaboration product evelopment and is the most experienced firm in electronic warrant generation and warrant rocess management in the country. Palatine was awarded a U.S. Patent in 2005 on rocess of Electronic Warrant generation. OFTW ARE MAINTENANCE AGREEMENT 10 ~usiness Information: 'alatine Technology Group is privately held Georgia corporation and is incorporated under the Law f state of Georgia headquartered in Los Angeles, CA with East coast field service operation in )uluth, GA. 303 Owensmouth Ave. 10th floor Voodland Hills, CA 91367 'elephone 800-6107897 Fax 818-936-2101 -failing Address: '.0. Box 6425 Voodland Hills, CA 91365 :ontacts: ~uestions regarding this proposal must be submitted to: :dwin Mansoori 78-232-9068 18-206-2685 mansoori@palasvs.com [oma Momeni 'ice President-Finance 18-482-9534 momeni@palasvs.com ,i Sung 'ice President-Product development 04-218-0774 mne@palasvs.com '1ichael Lan ystems Engineer 04-368- 7007 llan@palasvs.com )FTW ARE MAINTENANCE AGREEMENT 11 )ualification and Experience: 'alatine staff and engineers have been developing and supporting electronic warrant system for last o years in most major counties in Metro Atlanta and through state of Georgia. Our engineers and ,roject managers possess minimum of advance post graduate degrees in Computer science or nformation system and have expertise working with companies such as IBM, Lucent 'echnologies, Pfaff International, Motorola, Lockheed Martin, U.S. Space alliance and numerous ,aw enforcement agencies and counties in cities in Georgia. In January 2000 Palatine was awarded joint project by Kennesaw State University and U.S. department of Justice to develop an internet ased data collection and crime mapping software to collect crime related data from various local, tate and federal law enforcement agencies to investigate and predict criminal activities. This roject was successfully completed in 2002. :ontract Compliance: o EWI will provide efficiency and effectiveness to process of Warrant generation in Richmond county Magistrate court by: o Creates warrant by using standard templates to reduce errors. o Electronically process both arrest and search warrant under a variety of communication options (County network or DSL). o Is capable of passing data to other applications (county must provide database schema and specification from other applications and PTG would provide data in requested format). The data transfer will be accomplished by writing the warrant data to a flat file in comma or space delimited format or will post to an intermediary SQL database. o Provides logs to monitor application usage. o Documents generated on EWI can be printed on any station on network provided that user can present proper password for printing, either original or copy watermarked documents. o All the historical relevant information about warrant remains in the system and could be access instantly. OFTW ARE MAINTENANCE AGREEMENT 12 ~ertified Training: 'alatine will conduct and schedules Post certified training to county Law enforcement gencies. This training provides law enforcement personal with knowledge to operate and btain Arrest and Search warrant in Richmond County or other counties throughout state {ith EWI system). Trainees will receive 4 hours of Post certified credit. .dditional Information: :lectronic warrant Interchange is developed in Microsoft .net frame work and visual studio (VB nd C#) and utilizes Microsoft SQL 2005 for data storage and data management. The system is lily capable of sharing data with other SQL databases and application (requires database Schema nd specification from other vendors for successful integration). EWI requires network connectivity etween agencies and magistrate court via the county existing infrastructure with minimum of OOK of bandwidth, for locations that are not connected via county network a business class DSL an be utilized to connect required site for data and video transmission. The system will allow easy lanagement and automatic update for legal and statutory changes and software updates, for the lost part is transparent to end user. Software is capable of optional redundant server deployment rhich provides additional level of security and redundancy for mission critical application. lelivery and installation: lstallation will start 30 days from receipt of purchase order and would be completed pproximately in 2 weeks (without integration to your existing system). Minimum Software and Hardware Requirement U lOry a e esolution terfaces fork :ation ~ System :::PU) AM) lller :ystem lIce Networked Client PCs Intel Pentium 4 or better with minimum 2 GIG + processor Minimum 1 GIG Ram Minimum of 40 GIG Hard drive Min. SVGA 800 x 600 with 256 colors (1024 x 768 recommended). Minimum 3 USBII Ports 100 Me or better TP network interface Microsoft Office (Word Only) MS Windows 2000 Pro, XP Pro with latest Service Packs installed. Intel Xeon Min. 2 GHZ Processor (Dual processor recommended) Min. 2Gb RAM Minimum of four 70 GIG SCSI ,10000 RPM, Pluggable Hard Drive in Raid V configuration Min. SVGA 800 x 600 with 256 colors (1024 x 768 recommended). Raid controller capable of configuration for Raid V or Raid 10 1500 W un interruptible power supply MS Windows 2000 Server, 2003 Server Tape Backup Drive or Storage Library )ft SQL ft Word up Agent k Cards ling onnection Microsoft SQL Server 2000 Standard Edition (or Enterprise Edition) with at least Service Pack 3A... Microsoft SQL Server 2005. It is the customer's responsibility to ensure that an appropriate number ofCALs (Client Access Licenses) have been purchased from Microsoft for SQL Server.... The minimum requirements for an SQL Server based database are equivalent to the requirements specified by Microsoft for the particular version of SQL Server being used. Palatine uses SQL Authentication for the main database user account. IE 5.0 or later is required for installation of MS SQL Server. Microsoft Word or Microsoft Office 97,2000,2003 or 2005 Backup agent to back up SQL data while database is open on same server or back up server 2 Standard 1 GHZ Ethernet network interface Minimum Cat 5 IEEE standard for Twisted pair Ethernet cabling VPN client access via the Internet using Remote Admin, Terminal Server, or VNC for remote support purpose OFTW ARE MAINTENANCE AGREEMENT 13 OFTW ARE MAINTENANCE AGREEMENT 14 ~WI Reference List 'ulton County State Court: udge Stefani Searcy, Court Administrator 85 Central Ave ,tlanta, GA 30303 hone; 404-730-4247 lark Harper, Chief Clerk 04730-5018 ;winnett County Magistrate Court: udge Warren Davis-Chief Magistrate 5 Langley Drive awrenceville, GA 30345 hone: 770-822-8091 f arren. Davis@gwinnettcounty.com :obb County Magistrate Court: udge Frank Cox hiefMagistrate Judge obb County-Magistrate Court 2 Waddell Street rd Floor larietta, Georgia 30090 hone: 770-528-8900 Is. Walker, Sheila, Clerk of Court hone: 770-528-2387 lekalb County Georgia: udge David Wood im Nelms- Chief Clerk 'ekalb County-Magistrate Court 530 Camp Circle 'ecatur, Georgia 30032 hone: 404-294-2150 'orsyth County Georgia: udge Barbara Cole, Chief Magistrate Judge orsyth County-Magistrate Court 2 I Dahlonega Street umming, Georgia 30040 hone: 770-78 I -22 I I palding County Magistrate Court udge Rita Cavanaugh paIding County Magistrate Court 332 E Solomon Street riffin, GA 30223 hone: (770) 467-4320 SOFTWARE MAINTENANCE AGREEMENT 15 t\.dditional Options [first Appearance and First Hearing Module; )ne of the most popular modules of EWI is First Appearance Hearing (F AH) module fhis module will allow courts and judges to perform First hearing, First appearance, Bond "-Iearing by utilizing specially configured video conferencing system and electronic ;ignature. PTFA (Palatine Technology First Appearance) system is a complete First appearance md Arraignment and Court Case Management based on palatine proven and tested collaborative Vlethodology. This fully integrated software is extremely user friendly allowing all personnel to be rained in a short period of time. F AH is a powerful, fully automated information and data )rocessing system that will raise productivity, reduce errors and increase efficiency and security for rudges, Court and sheriff personnel involved in daily process of First appearance and Arraignment )f Law enforcement and judicial system. The application eliminate the need to transfer inmate to :ourthouse for the purpose of hearings, all documents can be reviewed by all parties involved in the :ase including Judge, inmate, Public defender, prosecutor or whoever that need to be present at the ime of hearing simultaneously at disparate locations and various documents shall be signed at the lame time electronically. fhe program features includes; ~irst Appearance/Arraignment, Judge's module [nmate/Jail module Clerk Data Entry and control consol ~orms and letters ~ignature tools and components Video conferencing module Benefits: . Easy to Use o Intuitive interface o Familiar Windows application with dropdowns and tabs . Reliable o Backed by excellent 7x24x365 support o Runs on commercial SQL technology for high reliability and up time . Comprehensive o Complete solution. Several integrated modules that cover all aspects of the First Appearance/Arraignment o Supports multiple locations o Support Simultaneous view of the same document SOFTWARE MAINTENANCE AGREEMENT 16 . flexible o Can be customized to fit your needs. Hide the features that are not used in jurisdiction. . Scalable o True Client-Server system using relational database o Integrate with Microsoft office to generate forms and letters o Capable of exporting data in to other popular data format for integrating with other courts and Law enforcement applications .ecommended video Conferencing system for F AH his unit is specially configured for first appearance session at the jail and utilizes a highly ~nsitive Omni directional microphone for maximized performance and accuracy in court ~ssions. Additional MCU option will allow other parties to join the session via video )nferencing (Maximum 4 sessions upgradeable to 8) pecification: 54-2Mbps over IP 54-4Mbps over IP (with option SW) 3UIL T - IN NTSC Camera with 122 preset positions ;VT (Superior Voice Tracking) feature n Digital Microphone Pod with 3600 coverage ;tandards: H.320, H.323, SIP, T.120, H.261, H.263++, [,264, H.239, H.281, H.350/LDAP, G.711, G.722, r.722.1, G.728, AAC-LD ~cho Cancellation In-screen graphic user interface :ontextual Help Jiagnostics and Management functions via Web and NMP ~GA I/O (with option) t\uxiliary AN I/O Equipped for integrated MCU H.320, H.323, SIP mixed lOde ISDN&IP or MCU IP ONLY. Both with :ontinuous Presence (with option) Web streaming function [ntegrated PowerPoint presentation Dual Video function (with option) Slot PCMCIA card, type II [R remote control I\ES Encryption H.233, H.234, H.235. )ptions: port MCU 10 video interface connecting the PC with live resolution up to 1024x768 pixels. ru H.239 feature allows the system to send two simultaneous video signals from two ifferent video sources. OFTW ARE MAINTENANCE AGREEMENT 17 )FTW ARE MAINTENANCE AGREEMENT 18 Appendix A Richmond County EWI project 12 PTG-ACC-300 EWI Accessories Package: includes USBII color $550,00 $ 6,600.00 camera with echo cancelling microphone, amplified speakers, Software Codec and video conferencing software, Signature Pad and software. PTG-SRV-1000 EWI Justice Suite Warrant Server License First year $9,995,00 $ 9,995.00 (version 4.0) PTG-SUPPORT5 EWl Server Support for One Year, provides $3,500.00 $ 3,500,00 automatic software upgrade at no cost 8 PTG-EWI-CL 100 EWI Justice Suite Warrant Client Lic. $2,495.00 $ 19,960,00 (V.4.0)including Search Warrant 4 PTG-EWI-CL200 EWI Judge's Justice Suite Warrant Client Lic. (V.3) $3,295.00 $ 13,180.00 including Search Warrant {Judge's residences(2) and Magistrate Court (1 )}First year License PTG-IMP-100 Installation includes: Installation of Server, OS, $4,500,00 $ 4,500,00 Application software, Video conferencing hardware and software and testing of above for maximum performance 12 PTG-SUPPORT2 EWI Service Contract for above system. On site and $895.00 $ 10,740.00 Phone support for First Year (24 hrs/7days/365 days a year)-First year 2 PTG_TRN EWl Training Session (one day at $1500 per day) $1,500.00 $ 3,000,00 Grand Total $71,475.00 OFTW ARE MAINTENANCE AGREEMENT 19 Appendix B ~ptional Component pricing: rltegration with existing booking system 'or retrieval of Mug shots $7500.00 irst Appearance and hearing module (required) irst year Lic. and support $ 9995.00 TG Set-Top Court room video system (required) $5995.00 '0 video interface connecting the PC with live ~esolution up to 1024x768 pixels. $990.00 ru H.239 feature allows the system to send two imultaneous video signals from two different video sources. rhis option will allow inmate to see judge's video and the document .s a single output on the screen). $990.00 '1CD upgrade to allow 4 + 1 session of video conferencing lCD IP only with continues Presence $2990.00 2" Court room LCD screen for First appearance ~ year on site service/replacement) nstallation of First appearance hardware and software $3500.00 $ 4000.00 :WI QuickEntry (data entry) station License 995.00 ~ptional EWI redundant server License $7500.00 [ardware support for video conferencing system (Annual) ncludes: art replacement ,dvance remote trouble shooting oftware upgrade $1195.00 Richmond County will provide Server and Windows server 2003 or 2008 and PCs. *Richmond County will provide Microsoft SQL 2005 or 2008and MS word ** Richmond County will provide network ready connection at all installation sites OFTW ARE MAINTENANCE AGREEMENT 20 Schedule "B" Vendor Remote Network Access Policy and Procedures ~urpose lhe purpose of this policy is to ensure that a secure method of connectivity is provided )etween Augusta-Richmond County and the vendor and to provide guidelines for the use of he network and computing resources associated with the remote connectivity in order to msure the safety, integrity, and operability of Augusta-Richmond County Information ;ystems. ~cope lhis policy applies to all Augusta-Richmond County systems, application and/or ervers/devices requiring support by external vendors on behalf of Augusta-Richmond :ounty. lefinitions \. Virtual Private Network (VPN) provides a secure network connection over the Internet letween an individual and a private network (164 bit encryption). By utilizing the public nternet for data transport, VPN provides a low cost solution to remote access or onnectivity. )olicy l. Vendor Remote Access Request and Approvals All requests for remote access for vendors must be made in advance through the Project Leader responsible for the vendor. It is the Project Leader's responsibility to ensure that the vendor has provided all of the required information in the proper format. All vendor remote access requests must first have the Assistant Director of the Business Application Services signature for approval as well as the Director of Information Technology. As part of the request and approval process, the technical and administrative contact within the vendor's organization or someone at a higher level within the company will be required to read and sign the VPN Access policy form and any additional documents, such as the Augusta-Richmond County Non-Disclosure Agreement. OFTW ARE MAINTENANCE AGREEMENT 21 Once Vendor Remote Access has been approved, it is valid until changes in this policy or technology make it necessary, in Augusta's estimation, to require a new form to be filed. Remote Access will only be available to Vendors that have signed Annual Support and Maintenance Contracts with Augusta. B. Connectivity 1. The vendor will be required to use Augusta-Richmond County's standard method for connecting to the network. The current standard method is Cisco's VPN client. 2. The vendor will be given a unique user ID and password to authenticate the VPN access. The password may be subject to regular changes. 3. Only one person may be connected to the VPN at any given time. 4. Access will be restricted to only the servers located in IT and Desktop stations hosting EWI application that were approved for the vendor. 5. Access will be restricted to only the ports necessary for connectivity. 6. Access will not be open 24/7. The vendor must request access every time it is necessary and only during business hours of 8:30am - 5:00pm EST. Access outside of these hours may be requested but will need additional approval and will be handled on a case by case situation. ..., Vendor Request Process 1. The vendor will contact the Project Leader to request access. 2. The Project Leader is responsible for logging the request for access and justification in the change control log. 3. The Project Leader will document reason for access and email Firewall Administrators to have the VPN opened. 4. A firewall administrator will open the VPN and reply to the Project Leader's email notifying them it has been opened. 5. Once the vendor has completed their work and the application has been tested, they will notify the Project Leader that the work is complete. ). Network Security 1. Vendor will allow only the vendor's employees approved in advance by Augusta- Richmond County to access the network connection. Vendor shall be solely responsible for ensuring that Authorized Vendor Employees are not security risks, and upon Augusta-Richmond County's request, Vendor will provide Augusta- Richmond County with any information reasonably necessary for Augusta- Richmond County to evaluate security issues relating to any Authorized Vendor Employee. 2. Vendor will promptly notify Augusta-Richmond County 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 OFTW ARE MAINTENANCE AGREEMENT 22 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-Richmond County 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. , Protection of Augusta-Richmond County Private Information and Resources The Augusta-Richmond County 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-Richmond County confidential information. At no time should Augusta-Richmond County rely on access/authorization control mechanisms at the vendor's site to protect or prohibit access to Augusta-Richmond County confidential information. Augusta-Richmond County shall not have any responsibility for ensuring the protection of vendor information. The vendor shall be entirely responsible for providing the appropriate security measures to ensure protection of their private internal network and information. , Audit and Review of Vendor Network Connections All aspects of the vendor network connections up to, but not including Augusta- Richmond County firewall, will be monitored by the appropriate IT staff. Where possible automated tools will be used to audit tasks. Monthly reports should be generated on the authentication database showing the specific login entries. All vendor network connections will be reviewed on a quarterly basis and information regarding specific vendor network connection will be updated as necessary. Obsolete vendor network connections will be terminated following confirmation with the Project Leader that the connection is indeed obsolete. ~. Augusta-Richmond County IT Security Augusta-Richmond County 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. [, Enforcement Any vendor found in violation of this policy will be subject to, but not limited to, loss ofVPN privileges and other action up to and including dissolution of contract and/or legal action if Augusta systems are compromised. Schedule C Proiect Implementation and Billine: Schedule election of Vendor r Contract Ne otiation ,pproval of Contract by City Attorney ,dministration / Commission Approval ontract Signing litial Billing for Software Licenses (25% f Software & Services) iIling for all proprietary hardware lstallation of Software on Server nplementation (Go Live) nplementation Billing (25% of Software ; Services) cceptance Testing ystem Acceptance inal Billing ;0% Software & Services) J-day Warranty Period (full support ith no maintenance fee) illing for remainder of maintenance per mtract ext Maintenance Payment . rojeCted ompletion ....t'." <:" :::.. ".:..",," ...... ':': ;' Date*. N/A 12/5/2008 I2/I2/08 1/2009 1/2009 1/2009 3/2008 TBD 4/2008 4/2008 Go Live + 30 calendar days At completion of acceptance testing Upon System Acceptance Acceptance + 90 days At conclusion of 90-day Warranty Period 15 months after Acceptance Date Completed In Pro ress Billable upon contract signing Billable upon delivery of hardware to Augusta Billing of installation costs may occur at this time. Will be scheduled pending arrival of equipment that must be ordered by Augusta IT and installation of infrastructure and e uipment as needed. Billed at Go-Live To be conducted by RCSO staff working with IT assistance Pending completion of system requirements Billable upon System Acceptance by Augusta All dates are tentative based on various factors such as commission approval dates, ardware delivery dates, vendor and customer schedules, etc. Both PTG and Customer gree to mutually work together to implement this solution as much as is practical within le schedule described above. Changes to the schedule or system requirements shall be lUtually agreed upon by both parties. DFTW ARE MAINTENANCE AGREEMENT 23 ;OFTW ARE MAINTENANCE AGREEMENT 24 Schedule D SOFTWARE MAINTENANCE AGREEMENT THIS AGREEMENT (hereinafter the "Agreement") is made this day of , 2008, (the "Effective Date") by and between Augusta, GA a political mbdivision of the State of Georgia, with its place of business at 530 Greene Street, 1\ugusta, GA U.S.A., 30911 (herein referred to as "Customer") and Palatine Technology Jroup (herein referred to as "PTG") with its place of business at 6303 Owensmouth Ave, loth floor, Woodland Hills, CA 91367. WHEREAS, PTG and Customer have entered into a certain license agreement (the I Software Licensing and Services Agreement") pursuant to which PTG agrees to license to ::'::ustomer a software system known as Electronic Warrant Interchange (EWI) Software :hereinafter the "System") as specified in the License Agreement; WHEREAS, PTG desires to maintain, and Customer desires to obtain the naintenance of, the System on the terms and conditions hereinafter provided; l. Maintenance Services The maintenance services to be hereunder (the "Maintenance Services") shall consist of: (a) technical or operational assistance provided by PTG to Customer relating to the System or enhancements thereto and (b) distribution by PTG to Customer at no charge of enhancements to the System which may be developed from time to time by PTG. These are described in detail as follows. PTG shall provide Customer with and/or shall maintain at minimum: · Unlimited telephone support on a toll free (800 number) with direct connect to PTG technical support. · Technical support available Monday through Friday from 8:00AM to 8:00PM Eastern Standard Time (EST). · Technical Support shall respond with replies within one hour. · All program updates and releases, including new features to existing system, additional reports, and product enhancements. · Support for hardware items that were specifically procured for this solution, with the exception of network connections, server(s), or client PCs and their associate operating systems. This support includes express replacement of video conferencing camera and signature pads. ~. Additional Services At the request of Customer, and with the consent ofPTG, PTG may also provide technical, operational or other assistance or consulting to Customer in excess of the amount included as the Maintenance Services at PTG's standard hourly rates then in effect. Such assistance shall be subject to written approval of the Customer and shall be performed in consultation with the Customer's Information Technology Department so that any impact on performance of software and/or hardware can be evaluated. ~. Conditions SOFTWARE MAINTENANCE AGREEMENT 25 The termination of the License Agreement, or of the license granted therein, shall automatically result in the termination of this Agreement. PTG MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OF ANY KIND WHATSOEVER, AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED BY PTG AND WAIVED BY CUSTOMER. PTG SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGA nONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEM-PLARY, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT PTG'S MAXIMUM LIABILITY TO CUSTOMER HEREUNDER SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY CUSTOMER TO PTG HEREUNDER DURING THE IMMEDIA TEL Y PRECEDING TWELVE MONTHS. 4. Confidentiality PTG acknowledges that in the course of providing the Maintenance Services, or other services provided hereunder, PTG, or its employees or consultants, may be supplied with or come into possession of information which is proprietary to Customer including information as to customers, methods of doing business or operations. PTG hereby agrees that it will keep all such information confidential, and will disclose such information to no other person. In addition, PTG agrees to take such action as may be necessary or appropriate by way of agreement with, and instruction to, its employees so as to maintain the confidentiality of such information of Customer. Inquiries regarding PTG Software, Services, and Documentation shall be subject to the Georgia Open Records Act as specified in the Software Licensing and Services Agreement. 5. Online Support PTG shall provide access to Customer's network and PTG Software servers through an Internet connection provided that the PTG has signed and complied with the Vendor VPN Access Agreement which is included in the Software Licensing and Services Agreement. fl. Precedence of Agreements To the extent that there is a conflict between this agreement and the Software Licensing and Services Agreement, the latter shall be considered to have precedence over this agreement. 7. Maintenance Fees During the term commencing on the Acceptance Date, as defined in the License Agreement, and continuing as long as all software maintenance agreement fees are current, PTG shall provide the Maintenance Services to Customer for a fee payable annually on each Anniversary Date in advance. At least thirty (30) days prior to each Anniversary Date PTG shall notify Customer of the yearly maintenance fee to be charged by PTG for the next succeeding year, whereupon, unless Customer notifies PTG in writing that this Agreement shall terminate on the Anniversary Date, this Agreement shall be extended and renewed for an additional period of one year at the fee so specified by PTG. SOFTWARE MAINTENANCE AGREEMENT 26 The cost of the software maintenance contract is based on the type and number of modules installed. Fees shall increase at no more than a nominal amount per year (if at all) ifthere are no additional license and/or module purchases by the Customer. License and/or Module purchases that occur within a maintenance period shall be pro-rated for the remainder of the maintenance period, and shall be included in full on the following year's maintenance cost. 90 Days following Acceptance $10,740 $14,240 15 Months following Acceptance $13,620 $17,120 IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed by an officer thereunto duly authorized as of the Print Name (Deke Copenhaver) ~~ (Signature) C':-;4//';/ ~ A&'/1 ~Cl?I?( , (Print Name) ~ gn:t e) -- P/Rs,-if (Title) Palatine Technology Group Mayor, City of Augusta (Title) Lfrf (O~ Date Date Attest: ---' '/J Clerk of Com isslOn Signature !!!lli~ J~ fi 11)/) SOFTWARE MAINTENANCE AGREEMENT 27 ~~\cf1