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Home My WebLink AboutNEW WORLD SYSTEM (STANDARD SOFTWARE LICENSE AND SERVICES AGREEMENT Document #: 1421-11 A1 F Nc�u,r �o�^ld �� .�� . {'r� P'�al,Fr Sc�ctrrr �r j>.r'r rx ;rrrr��?xrrt,' February 3, 2012 ADDITIONAL SOFTWARE LICENSE AND SUBSCRIPTION AGREEMENT Mr. Mike Blanchard City of Augusta 530 Greene Street Augusta, GA 30911 Dear Mr. Blanchard: New World Systems is pleased to provide an Agreement to continue the license of your iSeries (AS/400) Standard Software and provide implementation services for a future upgrade of your AS/400 Licensed Standard Software to the New World Aegis MSP Licensed Standard Software. The following Exhibits are to be reviewed and approved by you and/or your authorized representative. They describe the additional software and services you have requested along with the related fees. E�ibit AA ................... TOTAL COST SUMMARY AND PAYMENT SCHEDiJLE E�ibit A ...................... LICENSED STANDARD SOFTWARE AND FEES Earhibit B ...................... IMPLEMENTATION AND TRAINING SUPPORT SERVICES E�ibit C ...................... STANDARD SOFTWARE MAINTENANCE AGREEMENT Earhibit F ...................... DATA FILE CONVERSION ASSISTANCE Appendix 1 ................... AGREEMENT AND AUTHORIZATION FOR PROCUREMENT OF THIRD PARTY PRODUCTS AND SERVICES Appendix 2 ................... ADDTTIONAL PROVISIONS Other than for the purposes of internal review, we ask that you treat our fees as confidential information. This is due to the competitive nature of our business. The General Terms and Conditions from our ariginal License Agreement dated June 8, 1998 with Richmond County, Geargia are incorporated and continue to apply. Upon completion of the upgrade to Aegis MSP standard software, the defmition of COMPiJTER from the November 16, 2000 Agreement will be the MSP server(s) in use, and not the IBM AS/400. Any taxes or fees imposed from the course of this Agreement are the responsibility of the Customer. Corporate: 888 West Big Beaver Road • Suite 600 • Troy • Michigan 48084-4749 • 248-269-1000 • www. newworldsystems.com 1421-IIAIF0203 U2WL4L (CAD.NET) &Add'lMods.docx (12AIB 0203) Please acknowledge the change and your understanding on the services by the appropriate signature below. ACKNOWLEDGED AND AGREED TO BY: NEW WORLD SYSTEMS� CORPORATION AUGUSTA, GA (New o ld (Customer) • ,:,.< _ -- _... . By. . ' B �-�` Larry . Leinweber, President Deke Copenhaver, Mayor. ((� 1' �� , .. Date: � � ""'� �''�"� 2,. Date: � z`� 1 � , `4?��J, �� .,� ., ��,�,�� Attest: `' " � Au horized��fSign � .,� 4 �_��t � `' �i �"� ,.. ._ Date: �".�° �a, ,f,,;-. , a�aG�� ' _ ��'�� :�. Each individual signing above represents that (s)he has the requisite authurity to execute this Agreement on t t,: behalf of the organization for which (s)he represents and that all the necessarx.formalities have beeri inet:` ° The "Effective Date" of this Agreement is the latter of the two dates in the above signature block. PRICINGASSUMES CONTRACTEXECLITIONBYFEBRUARY28, 2012. CONFIDENTIAL Augusta, GA CONFIDENTIAL Page 2 of 33 1421-11A1F 0203 U2W L4L (CAD.NET� & Add'1 Mods.docx EXHIBIT AA TOTAL COST SUMMARY AND PAYMENT SCHEDULE I. Total Cost Summary: Licensed Standard Software, Implementation Services, And Third Party Products DESCRIPTION OF COST COST A. LICENSED STANDARD SOFTWARE as further detailed in E�ibit A Included 1. Licensed Standard Software B. STANDARD SOFTWARE SUBSCRIPTION AGREEMENT —(See Eachibit C) Annual Subscriqdon Cost (10-Year Plan, Billed annuallv and due on Januarv l of each vear) Year 1 for period O1/O1/12 — 12/31/12 $375,000 Year 2 for period O1/O1/13 — 12/31/13 $375,000 Year 3 for period O1/O1/14 — 12/31/14 $375,000 Year 4 for period O1/Ol/15 — 12/31/15 $375,000 Year 5 for period O1/O1/16 — 12/31/16 $375,000 Year 6 for period O1/O1/17 — 12/31/17 $415,000 Year 7 for period O1/O1/18 — 12/31/18 $415,000 Year 8 for period O1/O1/19 — 12/31/19 $435,000 Year 9 for period O1/O1/20 — 12/31/20 $435,000 Year 10 for period O1/O1/21 — 12/31/21 $460,000 C. IMPLEMENTATION SERVICES AND THIRD PARTY PRODUCTS AND SERVICES FOR UPGRADE TO AEGIS MSP STANDARD SOFTWARE 1. PROJECT MANAGEMENT as further described in E�ibit B 2. INTERFACE INSTALLATION SERVICES as further described in E�ibit B 3. IMPLEMENTATION AND TRAINING SERVICES as further described in E�ibit B 4. MOBILE RECONFIGURATION SERVICES as further described in E�ibit B 5. OTHER IMPLEMENTATION SERVICES as further described in E�ibit B 6. DATA FILE CONVERSION ASSISTANCE SERVICES as further described in E�ibit F 7. THIRD PARTY PRODUCTS AND SERVICES as further described in Appendix 1 D. TRAVEL EXPENSES (Estimate) — billed as incurred PRICING ASSUMES CONTRACT F.XECUTION BY FEBR UARY 28. 2012. Augusta, GA CONFIDENTIAL Page 3 of 33 1421-11A1F 0203 U2W L4L (CAD.NE'1� & Add'l Mods.docx E�ibit AA / COST SUMMARY AND PAYMENT SCHEDULE II. Payments for Implementation Services and Third Partv Products DESCRIPTION OF PAYMENT PAYMENT A. An Implementation Services Agreement will be provided to Customer as described in Paragraph 2 of E�ibit C. The Services Agreement shall have a not to exceed cost of $620,000 with payment terms mutually agreed upon at the time the Services Agreement is executed. B. TRAVEL EXPENSES (Estimate) $60,000* (These expenses are biiled as incurred) 1. 40 trips are anticipated. 2. Travel Time for the estimated 40 trips is not included in this estimate. *Estimate C. STANDARD SOFTWARE MAINTENANCE SERVICES — as further detailed in E�ibit C ALL PAYMENTS ARE DUE WITHIN THII2TY (30) DAYS FROM RECEIPT OF INVOICE. Billings are applied ratably to each deliverable included under the total one-time cos� If any deliverable is subject to sales ta.� the tax will be calculated and added as applicable to each billing. Augusta, GA CONFIDENTIAL Page 4 of 33 1421-11A1F 0203 U2W L4L (CAD.NE'1� & Add'1 Mods.docx EXHIBIT A LICENSED STANDARD SOFTWARE AND FEES License Fee for Licensed Standard Software And Documentation Selected By Customer: Application Packa�e Cost AEGIS iSERIES (AS/400) STANDARD SOFTWARE CURRENTLYINPLACEAND EVENTUALLY TO BE REPLACED BY THE AEGIS MSP (WINDOWS) STANDARD SOFTWARE CAD 1. Aegis/400 Combined MultitiTurisdiction LE/Fire/EMS CAD - Call Scheduling - Call Stacking - Geo-File Verification - Hazard and Location Alerts - Hydrant Inventory - Access to Aegis/400 LE Records - Access to Aegis/400 Fire/EMS Records - Note Pads - Rip-N-Run' - Run Cards - Tone Alerts - Unit Recommendations - Unit Status Monitors - Fire/EMS Recommendations 2. Additional Aegis /400 Software for Computer Aided Dispatch - CAD Mapping (ESRI based) - Service Vehicle Rotation (Wrecker, Ambulance) 3. Aegis/400 Third Party CAD Interface Software - E-911 Interface - Firehouse Interface - Priority Dispatch ProQA for EMD Interface - Priority Dispatch ProQA for Fire Interface - Priority Dispatch ProQA for Police Interface Augusta, GA CONFIDENTIAL Page 5 of 33 1421-llA1F 0203 U2W L4L (CAD.NE'1� & Add'1 Mods.docx Ea�hibit A/ LICENSED STANDARD SOFTWARE AND FEES LAW ENFORCEMENT RECORDS 4. Aegis/400 Single Jurisdiction Base Law Enforcement Records - Accidents - Arrest - Business Registry - Case Processing - Computer Aided Investigations - Federal Reports (UCR/IBR) - Geo-File Verification - Impounded Vehicles - Incident Tracking - Jacket Processing - PersonneUEducation - Property - Traffic Tickets and Citations - Wants and Warrants 5. Additional Aegis/400 Software for Law Enforcement Records - Bookings - Case Management - Computer Aided Investigations - Field Investigations - GEO File Verification -Index Cards 6. Aegis/400 Third Party LE Records Interface Software - Livescan Interface CORRECTIONS 7. Aegis Corrections Management Software Base Package - Aegis/400 Law Enforcement Records Interface - Bookings - Inmate Classification - Inmate Property Tracking - Inmate Tracking and Processing - Random Drug Testing - Visitation 8. Aegis/400 Federal & State Compliance Reporting for Corrections Augusta, GA CONFIDENTIAL Page 6 of 33 1421-11A1F 0203 U2W L4L (CAD.NE'1� & Add'1 Mods.docx E�ibit A/ LICENSED STANDARD SOFTWARE AND FEES ADDITIONAL PUBLIC SAFETY SOFTWARE 9. Aegis/400 Public Safety State/NCIC Interface Software - Aegis/400 State/NCIC Interface - On-Line CAD Interface to State/NCIC - On-Line Property Checks Interface to State/NCIC - On-Line Wants & Warrants Interface to State/NCIC 10. Aegis/400 Imaging Software Server Software - Public Safety Line Ups/Mug Shots - Digital Imaging Client Software - Image Capture/View - Unlimited Licenses 11. Aegis/400 Data Management and Retrieval Tools - Microsoft Word�' Interface - Data Analysis/Crime Mapping Augusta, GA CONFIDENTIAL Page 7 of 33 1421-11A1F 0203 U2W L4L (CAD.NE� & Add'1 Mods.docx Exhibit A/ LICENSED STANDARD SOFTWARE AND FEES EXISTING MOBILE SOFTW�IRE PREVIOUSLYLICENSED MOBILE SOFTWARE MOBII.E 50FTWARE ON THE RS/6000 1. Base Message Switch to State/NCIC (1-300 users) - Base Message Switch for MDT/MCT - State/NCIC Interface 2. Additional Aegis Software for RS/6000 Message Switch - New World CAD Interface for Aegis 400 (1-300 users) - Mobile Upload Software (1-500 users) - AVL Interface (1-50 devices) MOBILE SOFTWARE ON THE iSERIES 400 3. Aegis/400 Mobile Integration Software - MDT/MCT Base CAD/RMS Interface (1-300 users) - MDT/MCT Base LE CAD Interface (1-100 users) - AVL CAD Interface (1-50 users) MOBILE MANAGEMENT SERVER 4. Aegis Mobile Management Server Software (1-500 units) - Base CAD/NCIC/Messaging - Field Reporting - Field Reporting Data Merge CLIENT SOFTWARE 5. Aegis Law Enforcement Mobile Unit Software Mobile Messagin� LE State/NCIC via Switch (267 units) LE CAD via Switch (297 units) Mugshot Image Download (215 units) State Photo Download (308 units) In-Car Mapping (30 units) In-Car Routing (30 units) New World AVL (30 units) Augusta, GA CONF`IDENTIAL Page 8 of 33 1421-11A1F 0203 U2W L4L (CAD.NET� & Add'1 Mods.docx Earhibit A/ LICENSED STANDARD SOFTWARE AND FEES Field-Based Reporting LE Field Reporting (Federal Standards) (308 units) The following 4 New World Reports are included: - Incident (1 form) - Case (1 form) - Arrest (1 form) - Supplement (1 form) LE Field Reporting Compliance (308 units) LE Accident Field Reporting (225 units) The following New World Report is included: - Accident (1 form) LE Accident Field Reporting Compliance (225 units) Field Investigation Field Reporting (2 Forms) (83 units) Mobile Upload of Field Reports (308 units) Augusta, GA CONFIDENTIAL Page 9 of 33 1421-llA1F 0203 U2W L4L (CAD.NE'1� & Add'1 Mods.docx Ea�hibit A/ LICENSED STANDARD SOFTWARE AND FEES AEGIS MSP (WINDOWS) STANDARD SOFTWfiRE THAT WILL REPLACE THE AEGIS iSERIES (AS/400) STANDARD SOFTWARE CAD 1. Aegis CAD Enterprise.NET Combined LE/Fire/EMS CAD - Call Entry - Call Control Panel - Unit Recommendations - Unit Status and Control Panel - Call Stacking - CAD Messaging - Call Scheduling - Dispatch Questionnaire D62 - Fire Equipment Search/Move - GIS/Geo-File Verification - Hazard and Location Alerts - Hazmat Search - Hydrant Inventory - Access to Aegis/MSP LE Records - Access to Aegis/MSP Fire Records - Note Pads - Proximity Dispatch (Requires CAD AVL) - Rip-N-Run Remote Printing - Run Cards/Response Plans - Tone Alerts 2. Additional Aegis CAD Enterprise.NET Software for Computer Aided Dispatch 5 - CAD Mapping - CAD AVL - Ad-Hoc Reporting 6 - Service Vehicle Rotation (Wrecker, Ambulance) 3. Aegis CAD Enterprise.NET Tlurd Party Interface Software 5 - E-911 Interface � - On-Line CAD Interface to State/NCIC (up to 6 inquiry screens) - Pre-Arrival Questionnaire Interface (3 questionnaires - EMD, Fire and Police) Supports available release of ProQA for Fire, EMD, Police - Fire Records Interface (one-way interface; CAD closed incidents) Supports Firehouse, First Watch Augusta, GA CONFIDENTIAL Page 10 of 33 1421-11A1F 0203 U2W L4L (CAD.NE� & Add'1 Mods.docx Exhibit A/ LICENSED STANDARD SOFTWARE AND FEES LAW ENFORCEMENT RECORDS 4. Aegis/MSP Single Jurisdiction Base Law Enforcement Records - Accidents - Arrest - Business Registry - Case Processing - Computer Aided Investigations - Federal Reports (UCR/IBR) - GIS/Geo-File Verification - Impounded Vehicles - Incident Tracking - Jacket Processing - Personnel/Education - Property - Traffic Tickets and Citations - Wants and Warrants 5. Aegis/MSP Federal and State Compliance Reporting for LE Records - Federal UCR/IBR - State Accidents 6. Additional Aegis/MSP Software for Law Enforcement Records - Bookings - Case Management - Data Analysis/Crime Mapping/Management Reporting - Equipment Tracking - Field Investigations - Index Cards - Pawn Shops 7. Aegis/MSP Third Party LE Records Interface Software 5 - Livescan Interface Supports Identzx, CrossMatch, Printrak, Sagem Morphq Cogent - Aegis/MSP State/NCIC Interface Includes 12 - 1 S screens On-Line Modules - Includes 4 state inquiry screens - On-Line Property Checks Interface to State/NCIC - On-Line Wants and Warrants Interface to State/NCIC 8. Aegis/MSP Imaging Software - Public Safety Lineups/Mug Shots 11 Augusta, GA CONFIDENTIAL Page 11 of 33 1421-11A1F 0203 U2W L4L (CAD.NE1� & Add'1 Mods.docx E�ibit A/ LICENSED STANDARD SOFI'WARE AND FEES CORRECTIONS 9. Aegis/MSP Corrections Management Software Base Package - Aegis/MSP LE Records Interface - Bookings - Incident Tracking - Inmate Property Tracking - Inmate Classification - Inmate Housing - Mass Move - Inmate Scheduling and Tracking - Inmate Contacts (visitor, mail, phone, emergency) - Inmate Programs (courses) - Inmate Activiry Log - Trustee - Case Management - Corrections Officer L,og - Finance Management (inmate, facility) - Jacket Processing - Business Registry - PersonneUEducation - GIS/Geo-File Verification 10. Aegis/MSP State Compliance Repordng for Corrections - State Corrections Reporting Includes up to 4 reports 11. Workstation License for up to 500 Authorized Users. Augusta, GA CONFIDENTIAL Page 12 of 33 1421-llA1F 0203 U2W L4L (CAD.NE'1� & Add'1 Mods.docx Earhibit A/ LICENSED STANDARD SOFTWARE AND FEES ADDITIONAL AEGIS MSP (WINDOWS) STANDARD SOFTW�iRE TO BE ADDED LAW ENFORCEMENT RECORD5 1. Additional Aegis/MSP Software for Law Enforcement Records - Property Room Bar Coding CORRECTIONS 2. Additional Aegis/MSP Software for Correc$ons Management - Property Room Bar Coding DECISION SUPPORT SOFTWARE 3. Law Enforcement Management Data Mart - Includes 10+ users Dashboards for Law Enforcement 4. Corrections Management Data Mart - Includes 10+ users Dashboards for Corrections Management Note: Other than for Mobile Software, a Workstation License for up to S00 users is included for the ExhibitA Licensed Standard Software. The Workstation License includes the following agencies as authorized users: - Augusta, GA - Richmond County Sheriffs O�ce, GA Note: The Aegis MSP Standard Software will provide comparable but not identical capabilities to the Aegis AS/400 software currently in use. The cost of any custom AS/400 software in use is not included. Note: The Software License Fee is included at no charge aspart of the 10 yearAnnual Subscription Payments in F�hibit C. Note: Customer's existing Mobile Software for the iSeries (AS/400) is also included in this license. The Mobile Software works with both the iSeries and MSP Licensed Standard Software in this Exhibit A. Augusta, GA CONFIDENTIAL Page 13 of 33 1421-11A1F 0203 U2W L4L (CAD.NE'1� & Add'1 Mods.docx Exhibit A/ LICENSED STANDARD SOFTWARE AND FEES ENDNOTES 1 Personal Computers must meet the minimum hardware requirements for New World Systems' MSP product. Microsoft Windows XP or later is required for all client machines. Windows 2003/2008Server and SQL Server 2005/2008 are required for the Application and Database Server(s). z New World Systems'MSPproduct requires Microsoft Windows 2003/2008 Server and SQL Server 2005/2008 including required Client Access Licenses (CALs) for applicable Microsoftproducts. Servers must meet minimum hardware requirements provided by New World Systems. j New World Systems' MSP product requires Microsoft Fxcel or Windows Search 4. 0 for document searching functionality; Microsoft Word is required on the application serverfor reportformatting. 4 New World recommends a 100/IOOOMB (GB) Ethernet network for the local area network. Wide area network requirements vary based on system configuration, New World will provide further consultation for this environment. 5 Does not include any required 3rdparty hardware or software unless specified in Appendi.x 1 of this Agreement. Customer is responsible for any 3rd party support. 6 Application may require a separate Server. � Requires Lantroniz USC 1100 included in Appendi� 1 of this Agreement. `� Customer is responsible for obtaining the necessary State approval and any non-New World hardware and software. y Federal UCR/IBR includes edits, reports and electronic submission. 1° State Accidents includes logic, reports and electronic submission. 1 � Camera must meet product specifications and be procured through New World. �� Application may require a separate Server. ' Configuration and end user training to occur after Customer has been live for 3 months or longer on an application. 14 Discount only available in conjunction with upgrading Aegis AS/400 to Aegis MSP Windows. 15 Prices assume that all software is licensed. 16 Licensed Software, and thirdparty software embedded therein, if any, will be delivered in a machine readable form to Customer via an agreed upon network connection. Any taxes or fees imposed are the responsibility of the purchaser and will be remitted when imposed. Augusta, GA CONFIDENTIAL Page 14 of 33 1421-11A1F 0203 U2W L4L (CAD.NET� & Add'1 Mods.docx EXHIBTT B PROJECT MANAGEMENT, IMPLEMENTATION AND TRAINING SUPPORT SERVICES 1. Project ManaEement Services New World shall act as Project Manager to assist Customer's management in implementing the E�ibit A software. This responsibility will include documenting, coordinating and managing the overall Implementation Plan with Customer's management and the Customer Liaison. Project Management Services include: a) a summary level Implementation Plan; b) a detail level Implementation Plan; c) revised Implementation Plans (ifrequired); d) monthly project status reports; and e) project status meetings • a project review (kickoffl meeting at Customer's location • progress status meeting(s) will occur during implementation via telephone conference or at Customer's location; and • a project close-out meeting at Customer's location to conclude the project. fl New World consultation with other vendors or third parties. The unplementation services fees described in E�ibit AA include Project Management fees for a period up to 18 months after the receipt of Customer's execution of the option to upgrade as described in Exhibit C. 2. Implementation and Training Support Hours Recommended It is recommended that appropriate support hours are allocated for all Licensed Standard Software listed in E�ibit A to insure successful implementation of and h on each application package. Based on the Licensed Standard Software listed on Exhibit A, up to 1,100 hours of New World implementation and training support services have been allocated for this project. Excess hours requested shall be billed at the Hourly Rate. Avoiding or minimizing custom or modified features will aid in keeping the support costs to the amount allocated. Customer agrees to reimburse New World for support trips canceled by Customer less than ten (10) days before the scheduled start date to cover New World's out-of-pocket costs and lost revenues. The recommended implementation and training support services include: a) implementation of each package of Licensed Standard Software; b) Customer training and/or assistance in testing for each package of Licensed Standard Software; and c) tailoring of Licensed Standard Software by New World technical staff and/or consultation with New World technical staff. d) Upgrade existing mobile products to Mobile 9.x: • Mobile Messaging and Field Reporting (Including Accidents) • Mapping, Routing, AVL • State Photo Download • Field Investigations • Mugshot Images Download The project management, implementation and training support services provided by New World may be performed at Customer's premises and/or at New World national headquarters in Troy, Michigan (e.g., portions of project management are performed in Troy). Augusta, GA CONFIDENTIAL Page 15 of 33 1421-11A1F 0203 U2W L4L (CAD.NE1� & Add'l Mods.docx E�ibit B/ PROJECT MANAGEMENT, IMPLEMENTATION AND TRAIIVING SUPPORT SERVICES 3. Interface Installation Service New World shall provide interface installation services as described in this paragraph below. These services do not include hardware and/or third party product costs which shall be Customer's responsibility, if required. Whenever possible, these services will be done remotely, resulting in savings in Travel Expenses and Time. If on-site installation and training is required, Customer will be responsible for the actual Travel Expenses and Time. The services include the following interfaces. a) 911Interface b) On-Line CAD Interface to State/NCIC c) Pre-Arrival Questionnaire Interface d) Fire Records (Firehouse) Interface e) Livescan Interface fl State/NCIC g) On-Line Property Checks Interface to State/NCIC h) On-Line Wants & Warrants Interface to State/NCIC i) New World Mugshots / Imaging j) Geo-File Implementation k) Windows System Assurance New World's GIS implementation services are to assist the Customer in preparing the New World required GIS data for use with the Licensed Aegis Software. Depending upon the Licensed Software the Customer at a minimum will be required to provide an accurate street centerline layer and the appropriate polygon layers needed for Unit Recommendations and Run Cards in an industry standard ESRI file format (Personal Geodatabase, File Geodatabase, Shape Files). Customer is responsible for having clearly defined boundaries for Police Beats, EMS Districts and Fire Quadrants. If necessary New World will assist Customer in creating the necessary polygon layers (Police Beats, EMS Districts and Fire Quadrants) for Unit Recommendations and Run Cards. New World is not responsible for the accuracy of or any ongoing maintenance of the GIS data used within the Licensed Aegis Software. 4. Hardware Quality Assurance Service New World shall provide Hardware Systems Assurance of Customer's Aegis MSP server(s). These services do not include hardware and/or third party product costs which shall be Customer's responsibility, if required. Whenever possible, these services will be provided remotely, resulting in savings in travel expenses and time. If on-site installation is required, Customer will be responsible for the actual travel expenses and time. a) Hardware Quality Assurance Services Standard Environment: Hardware Systems Assurance and Software Installation: - Assist with High Level System Design/Layout - Validate Hardware Configuration and System Specifications - Validate Network Requirements, including Windows Domain - Physicai Installation of New World Application Servers - Install Operating System and Apply Updates - Install SQL Server and Apply Updates - Install New World Applications Software and Apply Updates - Establish Base SQL Database Structure - Install Anti-Virus Software and Configure Exclusions - Install Automated Backup Software and Configure Backup Routines - Configure System for Electronic Customer Support (i.e. NetMeeting) - Tune System Performance Including Operating System and SQL Resources - Test High Availability/Disaster Recovery Scenarios (if applicable) Augusta, GA CONFIDENTIAL Page 16 of 33 1421-11A1F 0203 U2W L4L (CAD.NE'1� & Add'1 Mods.docx E�ibit B/ PROJECT MANAGEMENT, IMPLEMENTATION AND TRAI1vING SUPPORT SERVICES - Provide Basic System Administrator Training and Knowledge Transfer - Document Installation Process and System Configuration 5. Additional Services Available Other New World services may be required or requested for the following: a) additional software training; b) tailoring of Licensed Standard Software by New World technical staff and/or consultation with New World technical staff; c) New World consultation with other vendors ar third parties; d) modifying the Licensed Standard Software; e) designing and programming Licensed Custom Software; and fl maintaining modified Licensed Standard Software and/or custom software. Customer may request these additional services in writing using New World's Request For Service (RFS) procedure (or other appropriate procedures mutually agreed upon by Customer and New World and will be provided at the Hourly Rate). Augusta, GA CONFIDENTIAL Page 17 of 33 1421-llA1F 0203 U2W L4L (CAD.NE1� & Add'1 Mods.docx EXHIBIT C STANDARD SOFTWARE SUBCRIPTION AGREEMENT (SSSA) This Standard Software Subscription Agreement (SSSA) between New World and Customer sets forth the standard software subscription support services provided by New World. 1. Service Period and Earlv Termination This SSSA shall remain in effect for an initial period of five (5) years (the SSSA term) beginning on O1/O1/2012 (the start date) and ending on 12/31/2016. This SSSA shall automatically renew annually thereafter at the prices described in this E�ibit unless Customer provides New World notice of non-renewal ninety (90) days prior to the beginning of an annual SSSA period. New World has provided a substantial customer upgrade discount on E�ibits A and B, plus favorable payment terms for the E�ibit A and B costs. In consideration for these discounts and favorable payment terms, Customer also agrees to pay the amount of annual payments due New World in years 6 through 10 provided that the SSSA has been renewed (without termination notice) for the year in which the payment is due. 2. Ability to Upgrade IBM iSeries (AS/400) Ae�s Licensed Standard Software to Aegis MSP Windows Licensed Standard Software During the first two year period of the SSSA, Customer has the option to upgrade New World's Aegis iSeries (AS/400) Licensed Standard Software to New World's Aegis MSP Licensed Standard Software. Customer may exercise this option at any time during the two year period by giving New World ninery (90) days written notice. Within sixty (60) days receipt of notice, New World shall notify Customer of the target date to begin the upgrade project. Customer's one-time implementation cost to complete the Licensed Standard Software upgrade to Aegis MSP shall not exceed $620,000; which shall be divided into payments based on mutually agreeable project milestones. These one-time implementation costs shall include: a) Project Management b) Implementation and Training c) Mobile 9.x Upgrade Services d) Windows Operating System Assurance and Software Installation e) Interface Installation Fees includ'mg Geo-File fl Data File Conversion (Estimate) g) Third Party Products and Services 3. Services Included New World shall provide the following services during the SSSA term. a) upgrades, including new releases, to the Licensed Standard Software (prior releases of Licensed Standard Software application packages are supported no longer than nine (9) months after a new release is announced by New World); b) temporary fixes to Licensed Standard Software (see paragraph 6 below); c) revisions to Licensed Documentation; d) reasonable telephone support for Licensed Standard Software on Monday through Friday from 8:00 a.m. to 8:00 p.m. (Eastern Time Zone); and e) invitation to and participation in user group meetings. Augusta, GA CONFIDENTIAL Page 18 of 33 1421-11A1F 0203 U2W L4L (CAD.NE1� & Add'1 Mods.docx Eaihibit C/ STANDARD SOFTWARE MAINTENANCE AGREEMENT fl Emergency 24-hour per day telephone support, for Aegis CAD only, seven (7) days per week for Licensed Standard Software. Normal service is available from 8:00 a.m. to 8:00 p.m. (Eastern Time Zone). After 8:00 p.m., the Aegis CAD phone support will be provided via pager and a New World support representative will respond to CAD service calls within 30 minutes of call initiation. g) Includes integration of the embedded software that is a component of the E�ibit A Licensed Standard Software. Items a, b, and c above will be distributed to Customer by electronic means. Additional support services are available as requested by Customer using the then-current hourly rates or applicable fees. E�ibit B of your original License Agreement has a description of support services available. 4. Maintenance for Modified Licensed Standard Software and Custom Software Customer is advised that if it requests or makes changes or modifications to the Licensed Standard Software, these changes or modifications (no matter who makes them) make the modified Licensed Standard Software more difficult to maintain. If New World agrees to provide maintenance support for Custom Software or Licensed Standard Software modified at Customer's request, or for prior releases of New World's software, then the additional New World maintenance or support services provided shall be billed at the Hourly Rate. 5. Bi•lling a) Subscription costs in paragraph 8 will be billed annually. b) One Time Costs for Implementation Fees to upgrade to Aegis Windows MSP will be billed as provided in New World's Implementation Services Agreement provided to Customer during the 90 day notice period defined in paragraph 2 above. 6. Additions of Software to Maintenance Agreement Additional Licensed Standard Software licensed from New World will be added to the SSSA ninety (90) days after delivery. Costs for the maintenance for the additional software will be billed to Customer on a pro rata basis for the remainder of the maintenance year and on a full year basis thereafter. 7. Requests for Software Correchon on Licensed Standard Software At any time during the SSSA term, if Customer believes that the Licensed Standard Software does not conform to the warranties provided under this Agreement, Customer must notify New World in writing that there is a claimed defect and specify which feature and/or report it believes to be defective. Before any notice is sent to New World, it must be reviewed and approved by the Customer Liaison. Documented examples of the claimed defect must accompany each notice. New World will review the documented notice and when a feature or report does not conform to the published specifications, New World will provide software correction service at no charge. A non- warranty request is handled as a billable Request For Service (RFS) provided at the Hourly Rate. The no-charge software correction service does not apply to any of the following: a) situations where the Licensed Standard Software has been changed by anyone other than New World personnel; b) situations where Customer's use or operations error causes incorrect information or reports to be generated; and c) requests that go beyond the scope of the specifications set forth in the current User Manuals. Augusta, GA CONFIDENTIAL Page 19 of 33 1421-llA1F 0203 U2W L4L (CAD.NET� & Add'1 Mods.docx E�ibit C/ STANDARD SOFTWARE MAINTENANCE AGREEMENT 8. Subscripdon Costs for Licensed Standard Software Packaees Covered for MSP Servers Server(s) New World agrees to provide software maintenance at the costs listed below for the New World Licensed Standard Software packages described in E�ibit A. Annual Subscriution Cost (10-Year Plan, Billed annuallv and due on Januarv 1 of each vear) Year 1 for period O1/O1/12 — 12/31/12 $375,000 Year 2 for period O1/O1/13 — 12/31/13 $375,000 Year 3 for period O1/O1/14 — 12/31/14 $375,000 Year 4 for period O1/O1/15 — 12/31/15 $375,000 Year 5 for period O1/O1/16 — 12/31/16 $375,000 Year 6 for period Ol/O1/17 — 12/31/17 $415,000 Year 7 for period Ol/O1/18 — 12/31/18 $415,000 Year 8 for period OU01/19 — 12/31/19 $435,000 Year 9 for period O1/O1/20 — 12/31/20 $435,000 Year 10 for period O1/O1/21 — 12/31/21 $460,000 9. Payment Default and Termination Proceedings Customer shall endeavor to make payments from Section 8 of this SSSA within 30 days from due date, subject to considerations for budget and legislative approval cycle, which shall be documented and supplied to New World within 15 days of the receipt of the invoice. Documentation shall include the expected date of payment. Customer agrees that failure to pay within 45 days of the due date with no notice of cause or expected payment date shall result in immediate forfeiture of the license to use the Licensed Standard Software. Augusta, GA CONFIDENTIAL Page 20 of 33 1421-11A1F 0203 U2W L4L (CAD.NE1� & Add'1 Mods.docx EXHIBIT F DATA FILE CONVERSION ASSISTANCE Upon execution of the option to upgrade as specified in E�chibit C, New World will provide conversion assistance to Customer to help convert the existing data files specified below. If additional files are identified after contract execution, estimates will be provided to Customer prior to New World beginning wark on those newly identified files. General 1. A data conversion analysis and assessment to verify the scope of effort for the project will be conducted. A revised cost estimate for the data conversion may be provided at the conclusion of the assessment. Customer may elect to cancel or proceed with the conversion effort based on the revised estimate. 2. This conversion effort includes data coming from one unique database or source, not multiple sources. 3. No data cleansing, consolidation of records, or editing of data will be part of the data conversion effort. Any data cleansing, removal of duplicate records, or editing must take place by Customer prior to providing the data to New World. New World Responsibilities 1. New World will create and provide Customer with a conversion design document for signoff prior to beginning development work on the data conversion. No conversion programming by New World will commence until Customer approves this document. 2. New World will provide the data conversion programs to convert Customers data from a single data source to the New World Licensed Standard Software for the specified files that contain 500 or more records. 3. As provided in the approved project plan for conversions, New World will schedule on-site trips to Customer location in order to conduct the following: a. Conversion Analysis b. Assistance for Mapping and Testing c. Conversion Go-Live Implementation and Support Customer will be responsible for actual Travel Expenses for these trips. 4. New World will provide Customer up to four (4) test iterations of converted data. One test iteration consists of: a. Running a conversion test in the Customer's test environment b. Customer reviewing a conversion test and responding in writing to New World (see Customer responsibilities paragraph 3 below) c. New World correcting or otherwise responding to issues to issues discovered and reported by Customer. d. New World conducting internal testing to verify corrections e. New World and Customer planning for the next test iteration and/or the live implementation. 5. New World will provide warranty coverage for any conversion-related issue reported by Customer to New World within 30 days after the conversion is run in the live database. Augusta, GA CONFIDENTIAL Page 21 of 33 1421-11A1F 0203 U2W L4L (CAD.NE'1� & Add'l Mods.docx Exhibit F/ DATA FILE CONVERSION ASSISTANCE Customer Responsibilities 1. Data files from Customer's current AS400 database are included in this conversion. 2. Customer will respond to each test iteration in writing, on a form provided by New World, either: a. Indicating acceptance that the Data Conversion Process is ready for the final conversion, or b. Indicating a list of changes that need to be applied to the Data Conversion Process for the next test iteration. Up to four (4) test iterations are provided as part of the Data Conversion Process. After the fourth (4�') test iteration, Customer shall pay $2,500 for each additional test iteration. Customer will promptly review each test iteration when delivered by New World. Prompt Customer review will reduce the likelihood that a need for additional test iteration(s) may arise due to an extended delay between delivery of a test iteration and its review. 3. As provided in the project plan for conversions, Customer will provide a dedicated resource in each application area to focus on conversion mapping and testing. This includes dedicating a support person(s) whenever New World staff is on site regarding conversions. Roughly a one to one ratio exists for Customer commitment and the New World commitment. Customer understands that thorough and timely testing of the converted data by Customer personnel is a key part of a successfixl data conversion. 4. Customer agrees to promptly review and signoff on both the conversion design document, and on the final conversions after appropriate review. Augusta, GA CONFIDENTIAL Page 22 of 33 1421-11A1F 0203 U2W L4L (CAD.NE'1� & Add'1 Mods.docx Exhibit F/ DATA FII,E CONVERSION ASSISTANCE The following files will be converted from the Aegis 400 System: MASTER FILES Master Names PSAADR Addresses PSINBR Jacket ID Numbers PSGADR Global Addresses PSJBUS Jacket School / Business Information PSAJCK Jacket Master PSPADR Jacket Previous Address PSALIS Alias Master PSPHON Jacket Additional Contacts PSASSC Known Associates PSSMTH Jacket Scars / Marks / Tattoos / Handicaps PSBUSN Business Additional Characteristics PLFSBJ Field Investigation Subjects (if applicable) PSCHAR Jacket Additional Characteristics F'RSUBJ Fire Records Investigation Subjects (if a licable) PSCRIM Jacket Criminal Characteristics OPSUBJ Orders Of Protection Subjects (if applicable) PSFPRT Person Fingerprints Master Property PLPROP Property PLOWNR Owner Information PSPITM Property Item PSJITM Jacket Associated Items Master Gun PSGiJNS Global Guns PSJGiJN Jacket Associated Guns Master Valucles PSVHCL Vehicles PSJVHL Jacket Associated Vehicles Statutes PLCRIM Crime Codes PSSTAT Statutes Augusta, GA CONFIDENTIAL Page 23 of 33 1421-11A1F 0203 U2W L4L (CAD.NE'1� & Add'1 Mods.docx E�ibit F/ DATA FILE CONVERSION ASSISTANCE COMPUTER AIDED DISPATCH Calls For Service CDPLAT CAD - Plate Information PLQDSP Cleared Dispositions CDPLOG CAD - Personnel History Log PLQUIK Incidents CDiTLOG CAD - Unit History Log PLSPVM Suspect Vehicle PLIDSP Cleared Dispositions PSDOCI Document Processing Document Index PLINCD Incidents PSFDOC Document Processing Free Form Documents PLNADR Incident Additional Name/Address CEHIST E911 History CDHOUS CAD — House Watch Run Cards GORCRD GEO - Run Card Master GOQUAD GEO - Quad. Exceptions GORCAM GEO - Run Card Assignments Alarms ' CAAACT Alarm Account History CAINVH Alarm Invoice History CAAMST Alarms Master CASUBJ Alarms Subject CAEDIT Alarm Transaction Edits CATRAN Alarm Transaction History Incidents CDPLAT Plate Information PLSPVM Suspect Vehicle PLIDSP Cleared Dispositions PSREVU Generic Review Date Master PLINCD Incidents PLINDX Index Cards PLNADR Incident Additional Name/Address Augusta, GA CONFIDENTIAL Page 24 of 33 1421-11A1F 0203 U2W L4L (CAD.NET� & Add'1 Mods.docx E�►ibit F/ DATA FILE CONVERSION ASSISTANCE LAW ENFORCEMENT RECORDS Cases PLOWNR Owner Information PLEOKA Officer Killed/Assaulted file PLPDSP Property Disposition PLMISS Missing Persons PLPHST Police Case Property History PLOFNS Case Offense PLPLAB Property Lab/Evidence PLOSMO Offender/Suspect MO PLPLOC Property Location PLSHST Case Status History PLPROP Property PLSPVM Suspect Vehicle PLPTRN Property Custody Transaction PLSREL Case Subject Related Offenses PLASOC Associated Cases PLSVOR Victim Offender Relationship PLCASE Police Cases PLSVWM Case Subjects PLCSAS Officer Case Assignments PSREVU Generic Review Date Master PLSOLV Case Solvability Factors Arrests BKSCHG Bookings / Courts Supplemental Charges PLACIN Arrest Court records PLAARM Adult Arrests PLJARM Juvenile Arrests PLABCF Global Charges PLSCHG Case/Arrest Supplemental Charges Tickets PLABCF Global Charges TKSCHG Ticket Supplemental Charges TKCORT Ticket Charges TKTCKT Ticket TKISSU Issued Tickets TKVOID Tickets Voided TKNYST New York State Ticket Supplement Accidents PLACCC State Accidents SCTABE Table Entries Master (Used for reference only) PLACCM State Accident Unit PSVHCL Vehicles PLACCN State Accident Unit Names PSGADR Addresses PLACCT State Accident Tickets PLACCMNY State Accident Unit - New York (if applicable) PLACCV State Accident Vehicles PLACCVNY State Accident Vehicles - New York (if applicable) Augusta, GA CONFIDENTIAL Page 25 of 33 1421-llA1F 0203 U2W L4L (CAD.NE'1� & Add'1 Mods.docx E�rhibit F/ DATA FILE CONVERSION ASSISTANCE Field Investigations PLFINV Field Investigations PLFTAC Field Investigations Associated Cases PLFSBJ Field Investigations Subjects Gun Permits PLGiJNP Gun Permits Gun Registrations PLGiJNR Gun Registrations Bicycle Registrations BYMAST Bicycle Registration Contact Cards PSROLO Card File Master PSROLC Card File Contacts Wants and' Warrants PSWANT Wants and Warrants Issued PSWCHG Wants and Warrants Charges Personnel Training PLOEDC Officer Education Officer Equipment PLOINV Officer Equipment Issued Pawn Shops PLOWNR Owner Information PLPLOC Property Location PLPAWN Pawn Transactions PLPPRP Pawn Shop Transaction PLPDSP Property Disposition PLPROP Property PLPHST Police Case Property History PLPTRN Property Custody Transaction PLPLAB Property Lab/Evidence Augusta, GA CONFIDENTIAL Page 26 of 33 1421-11A1F 0203 U2W L4L (CAD.NE'1� & Add'1 Mods.docx E�ehibit F/ DATA FILE CONVERSION ASSISTANCE Civil Papers CVNOTE Civil Papers CVSUBJ Civil Papers CVPMST Civil Papers SCTABE Table Entries Master (Used for reference only) CVSINF Civil Papers Orders OfProtection OPMAST Orders Of Protection Master File OPLOCT Orders Of Protection Locations OPSUBJ Orders Of Protection Subjects OPUSRD Orders Of Protection User Defined Impounded Velucles PLTOWD Impounded Vehicle Master Narratives PSDOCI Document Processing Document Index SCTABE Table Entries Master (Used for reference only) PSFDOC Document Processing Free Form SCTABM Table Master (Used for reference only) Documents NCINTD Narcotics Intelligence PSDMST Document Processing Master PLCUSR Case User Defined OPUSRD Orders Of Protection User Defined PLFINV Field Investigations PLFSBJ Field Investigation Subjects Augusta, GA CONFIDENTIAL Page 27 of 33 1421-11A1F 0203 U2W L4L (CAD.NE'1� & Add'1 Mods.docx E�►ibit F/ DATA FII.E CONVERSION ASSISTANCE CORRECTIONS Bookings/Corrections " BKBOOK Booking Master BKSUIC Bookings Suicide Watch BKCLAS Booking Classifications PLABCF Global Charges BKHLOG Booking Release History PSALOG Jailer Activity Log BKHOUS Booking Housing Assignment PSIACT Inmate Activity BKNSBJ Booking Notifications PSJTIM Booking / Courts Jail Time Sentence BKPOSS Prisoner Possessions PSDSBJ Corrections Incident Subject BKSCHG Bookings / Courts Supplemental Charges PSIACT Inmate Activity Jail Management JMACRG Additional Billing Charges JMLEDG Account Funds Ledger Master JMHLOG Housing Assignment History Log JMLEDH Account Funds Header JMHOUS Housing Assignment L,og JMVSTR Visitors JMAPPT Medical/Court/Event Appointment JMAVST Approved Visitors Narratives BKCTRN Classification Question Transaction PSDOCI Document Processing Document Index BKQiTES Questionnaires PSFDOC Document Processing Free Form Documents BKUSRD Booking User Defined PSIACT Inmate Activiry Augusta, GA CONFIDENTIAL Page 28 of 33 1421-11A1F 0203 U2W L4L (CAD.NE'1� & Add'1 Mods.docx Neu� t�ot�ld �� >�� 76k ;',ditiic',4G t f ae br7,itttfttt' (.r�atpt'�ciL'k• APPENDIX 1 AGREEMENT AND AUTHORIZATION FOR PROCUREMENT OF THII2D PARTY PRODUCTS AND SERVICES The attached configuration (E�ibit 1) describes the Third Party products and services that New World will obtain for Customer. By execution of the option to upgrade as specified in E�ibit C, Customer authorizes New World to order the Exhibit 1 products for delivery to: Mr. Mike Blanchard City of Augusta 530 Greene Street Augusta, GA 30911 The payments for Appendix 1 Services are covered under the Cost Summary and Payment Schedule in E�ibit AA. Customer is responsible for the site preparation and related costs to install the E�ibit 1 Third Party products. Customer is responsible for any returned product charges, including re-stocking and shipping fees, for all Third Party products ordered by New World on the Customer's behalf. Travel Expenses incurred by New World are in addition to the Eachibit 1 cost and will be billed weekly as incurred. The E�ibit 1 components and cost may only be changed by mutual agreement of the parties. If a change order in the configuration requires additional costs, New World shall notify Customer of the additional costs and with Customer's approval these costs shall be borne by Customer. Without such approval, the change order will not be processed. Customer shall or may be required to execute selected agreements with vendors and New World shall not confirm the ordering of any E�ibit 1 products without Customer's authorized signature on said Agreements. Customer shall receive the benefit of all warranties, services, etc. provided for in the Agreements. Augusta, GA CONFIDENTIAL Page 29 of 33 1421-llA1F 0203 U2W L4L (CAD.NET� & Add'1 Mods.docx Ea�hibit 1 CONFIGURATION 1 � THIItD PARTY PRODUCTS AND SERVICES THIItD PARTY SOFTWARE a. Embedded Third Party Software (includes all Third Party executable components) b. GIS Software CAD - CAD Workstations using ArcGIS Engine Runtime (20 workstations) Geo-File Maintenance Software (ESRI ArcEditor) - per workstation THIRD PARTY HARDWARE c. Hardware, System 5oftware & Services Lantronix UDS-1100 (1 unit) Digital Camera for Mug Shots (1 unit) Bar Coding Scanner Kit w/Signature Pad (2 units) � 1 � . . . ESRI Notes 1) Customer will restrict use of the ESRI Software to executable code (used with the Aegis Licensed Standard Software). 2) Customer will prohibit (a) transfer of the ESRI Software except for temporary transfer in the event of computer malfuncrion; (b) assignment, time-sharing, lend or lease, or rental of the ESRI Software or use for commercial network services or interacrive cable or remote processing services; and (c) title to the ESRI Software from passing to any other party. 3) Customer will prohibit the reverse engineering, disassembly, or decompilation of the ESRI Software and prohibit duplication of the ESRI Software except for a single archival copy; reasonable Sublicensee backup copies are permitted. 4) Customer will disclaim, to the extent permitted by applicable law, ESRI's liability for any damages, or loss of any kind, whether special, direct, indirect, incidental, or consequential, arising from the use of the ESRI Software. 5) At the termination of their Agreement (Sublicense) with New World, Customer will certify in writing to New World that it has discontinued use and has destroyed or will return to New World all copies of the ESRI Software and documentation. 6) Customer will comply fully with all relevant export laws and regulations of the United States to assure that the ESRI Software, or any direct product thereof, is not exported, directly or indirectly, in violation of United States law. 7) Customer will prohibit the removal or obscuring of any copyright, trademark notice, or restrictive legend. 8) If New World grants a Sublicense to the United States Government, the ESRI Software shall be provided with "Restricted Rights". Augusta, GA CONFIDENTIAL Page 30 of 33 1421-11A1F 0203 U2W L4L (CAD.NET� & Add'1 Mods.docx E'bit 1 / CONFIGLJRATION 9) All Aegis/MSP Customers are required to use ESRI's ArcGIS suite of products to maintain GIS data. All maintenance, training and on-going support of this product will be contracted with and conducted by ESRI. Maintenance far ESRI's ArcGIS suite of products that are used far maintaining Customer's GIS data will be contracted by Customer separately with ESRI. 10) The on-going New World SSMA cost is required for any Aegis software changes related to integration with ESRI software. 11) If a new release of ESRI software is incorporated into the Aegis software, an associated upgrade fee may be required for the new ESRI software, depending on the potential cost from ESRI; and/or on the scope of effort required to integrate the new ESRI release with Aegis software. Augusta, GA CONFIDENTIAL Page 31 of 33 1421-11A1F 0203 U2W L4L (CAD.NE'1� & Add'1 Mods.docx APPENDIX 2 ADDITIONAL PROVISIONS a. Temporarv suspension or dela ��of performance of contract. To the extent that it does not alter the scope of this agreement, Augusta, GA may unilaterally order a temporary stopping of the work for a period of no more than thirty (30) days, or delaying of the work to be performed by New World under this agreement. b. Defective pricing. To the extent that the pricing provided by New World is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. c. Liquidated Damages. Due to the special nature of this licensing agreement and the other remedies provided in this agreement, the parties agree that liquidated damages are not applicable. d. Specified excuses for delay or non-performance. New World is not responsible for delay in performance caused by acts of nature, strikes, lockouts, accidents, or other events beyond the control ofNew World. In any such event, the contract price and schedule shall be equitably adjusted. e. Hold hartnless. New World agrees to indemnify and save the Customer harmless from and against any and all judgments, suits, costs, and expenses subject to the limits set forth in this Agreement resulting from any alleged infringement of any patent or copyright arising from the licensing of the Licensed Standard Software pursuant to this Agreement, provided that Customer has notified New World in writing of such ailegation within thirty (30) days of the date upon which the Customer first receives notice thereof. New World's obligation to indemnify and save Customer harmless under this paragraph is void if the claim of infi arises out of or in connection with any modification made to the Licensed Standard Software or any use of the Licensed Standard Software not specifically authorized in writing by New World. f. Prohibition a�ainst contingent fees. New World is prohibited from directly or indirectly advocating in exchange for compensation that is contingent in any way upon the approval of this contract or the passage, modification, or defeat of any legislative action on the part of the Augusta, Georgia Commission. New World shall not hire anyone to actively advocate in exchange for compensation that is contingent in any way upon the passage, modification, or defeat of any contract or any legislation that is to go before the Augusta, Georgia Commission. g. Geo�ia Prompt Pay Act not applicable. The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. h. AcknowledQement re ag rding contractual obligations of Augusta, Geargia. New World acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, New World is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of New Worlds' provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that New World may be precluded from recovering payment for such unauthorized goods or services. Accordingly, New World agrees that if it provides goods or Augusta, GA CONFIDENTIAL Page 32 of 33 1421-11A1F 0203 U2W L4L (CAD.NE'1� & Add'l Mods.docx APPENDIX 2 / ADDITIONAL PROVISIONS services to Augusta, Georgia under a contract that has not received proper legislative authorization or if New World provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by New World. New World assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. i. GeorQia E-Verify Requirements. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is parficipating in a federal work authorization program. New World agrees to provide their E-Verify number and to be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal wark authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigation Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. Additionally, New World agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia New World will secure from such subcontractor(s) each subcontractor's E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. New World agrees to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services. j. Right to inspect premises. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of New World or any subcontractor of New World or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. k. Local Small Business L,an��e: In accordance with Chapter lOB of the AUGUSTA, GA. CODE, New World agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its L,ocal Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1-10- 129(d)(7), the contractor is required to provide local small business utilization reports. New World shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of minority and small business opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reparts within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment. Augusta, GA CONFIDENTIAL Page 33 of 33 1421-11A1F 0203 U2W L4L (CAD.NET� & Add'1 Mods.docx