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ORD 34172 - Agmt with SCC Communications Corp for public safety information and records management system
oMAHA,ryF �- c �'1 r ! i G- ri AoiAdministrative Services Department 6A11)7i5',1 rri'; Omaha/Douglas Civic Center t� �` `'t h i"� Ij �� (3`� — 4 i; 091819 Farnam Street,Suite 706 t t. 11. r°' Omaha,Nebraska 68183-0706 PA0� �qry (402)444-3814 4rfD FEBRVr CITY C L ,IC FAX(402)444-5903 City of Omaha 0M A H A. N !,R R S K` Joseph A.Mangiamelli Hal Daub,Mayor Director April 8, 1997 Honorable President and Members of the City Council, • Transmitted herewith is an Ordinance approving an Agreement between the City of Omaha and SCC Communications Corp. (SCC)to provide the hardware, software and systems integration services for the public safety information and records management system. The installation being proposed will utilize software developed by SCC in compliance with the project plan developed by the Warner Group and City information services staff which is consistent with the Nebraska Criminal Justice Information System plan and the Federal Bureau of Investigation NCIC 2000 requirements. Key system features will include: case management; crime analysis; crime statistics; mugshots; incident reporting;traffic accident and citation reporting; imaging services; master name indexing; personnel; training and property; pawn database information; and arrest and booking information. SCC was selected to perform this work in accord with the provisions of the professional services ordinance. • It is anticipated the installation of the records management system will take approximately twelve months at a total cost of$1,169,188.00 Thereafter, following a one year warranty period, the City will incur annual system maintenance costs of$196,925.00 which will provide.software upgrades and system enhancements, which will become a budgetary item for the public safety departments. The initial cost of the records management system will be paid from COPS MORE 96 Grant Organization 9625, Fund 162, for $519,750.00 and from a Local Law Enforcement Block Grant Organization 6201, Fund 163, for $649,438.00. It is intended that the installation of the records management system will provide case management, accurate and timely crime information, crime mapping,and other services not presently available,as well as leading to better information available to public and other decision-makers; these services at less cost than Douglas County Information Services presently provides for much less service. SCC Communications Corp. has filed the required Annual Contract Compliance Report Form, CC-1, in the Human Relations Department; as is City policy, the Human Relations Director will review the firm to determine its compliance with Ordinance 28885. X Z • .1) • . Honorable President and Members of the City Council Page 2 The Administrative Services Department,on behalf of the Public Safety Departments of the City of Omaha, recommends approval of this Agreement to provide the much enhanced public safety information and records management system. Sincer-,. , ,IP /L' ph A. M. gi. •lli,Director Approved as to Funding: Approved: ccr-7 4,V .3//?7 _ • 3/074/97 Louis A. D'Ercole Sri ,%;. George a s, r. 3 Acting Finance Di e or Human lations Director ecommended for Public Safety Departments: Referred to the City Council for Consideration: )14 1/(/ ,„ • /307 16 Jo i'ackett Mayor's Office/Title A tant to the Mayor for Public Safety P:\ASD\2969.PJM • ORDINANCE NO. 3 7/7 AN ORDINANCE approving an Agreement between the City of Omaha and SCC Communications Corp.to provide for hardware,software and systems integration services for the public safety information and records management system; to provide for payment for services from appropriations of more than one fiscal year,in accord with.Section 5.17,Home Rule Charter of 1956, as amended; to provide for payment from a specific account; and to provide the effective date hereof. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the Agreement between the City of Omaha and SCC Communications Corp. to provide the hardware, software and systems integration services for the public safety information. and records management system is approved. Section 2. That the Agreement providing for the installation of the records management system and for system maintenance thereafter,which will involve payments from appropriations of more than one fiscal year,for a period of two years,is made in accord with Section 5.17 of the Home Rule Charter of 1956, as amended. Section 3. That the cost of installing the public safety information and records management system shall be paid from the COPS MORE 96 Grant Organization 9625,Fund 162,for$519,750.00 and from a Local Law Enforcement Block Grant Organization 6201, Fund 163, for$649,438.00. • 'VP • Ordinance No. 3 //2a Page 2 Section 4. That this Ordinance,being administrative in nature,shall take effect and be in full. force upon the date of its passage. INTRODUCED BY COUNCILMEMBER APPROVED :Y: MA 'IR OF `E ITY OF OMAHA AT PASSED APR 2 .2 1997. -510 ATTEST: • /9 CI ERK OF BE CI Y OF OMAHA AT 7 APPR E A O FOR • -97 A 'SISTA EY DATE P:\ASD\2970.PJM C AGREEMENT FOR A RECORDS MANAGEMENT SYSTEM BETWEEN SCC COMMUNICATIONS CORP. AND THE CITY OF OMAHA,NEBRASKA APRIL 1997 V TABLE OF CONTENTS • 1.DEFINITIONS 1 1.1 AGREEMENT 1 1.2 DOCUMENTATION 1. 1.3 SYSTEM ACCEPTANCE 2 1.4 HARDWARE 2 1.5 SOFTWARE 2 1.6 SCC SOFTWARE 2 1.7 SYSTEM SPECIFICATIONS 3 1.8 SYSTEM 3 2.ADDITIONAL CONTRACT PARTS 3 2.1 CONTRACT PARTS 3 2.2 PRECEDENCE OF DOCUMENTS 3 3.GENERAL PROVISIONS 4 3.1 PROJECT TERM 4 3.2 COMPENSATION 4 3.3 TAXES 4 3.4 RISK OF LOSS;TRANSFER OF TITLE 4 3.5 SHIPMENT 4 3.6 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE 5 3.7 NONDISCRIMINATION 5 3.8 CAPTIONS 5 3.9 APPLICABLE LAW 5 3.10 INTEREST OF THE CITY 5 3.11 INTEREST OF THE CONTRACTOR 5 3.12 MERGER 5 3.13 MODIFICATION 5 3.14 APPROVAL OF AMENDMENTS 6 3.15 ASSIGNMENT 6 3.16 STRICT COMPLIANCE 6 3.17 ARBITRATION 6 3.18 CONSEQUENTIAL DAMAGES 7 3.19 LIMITATION OF LIABILITY 7 3.20 ESCALATION 7 3.21 TERMINATION PROVISION 7 3.22 EXPORT CONTROLS 7 3.23 FORCE MAJEURE 8 3.24 INDEPENDENT CONTRACTOR 8 3.25 INSPECTION 8 3.26 INSURANCE 8 3.27 NOTICES 8 3.28 SURVIVAL AND SEVERABILITY 8 3.29 WAIVER,AMENDMENT AND MODIFICATION 8 3.30 ENTIRE AGREEMENT 9 :4O • 3.31 PERFORMANCE BOND 9 3.32 ESCROW 9 4.TILE RECORDS MANAGEMENT SYSTEM 9 4.1 PROJECT IMPLEMENTATION 9 4.2 WARRANTIES 11 4.3 MAINTENANCE AFTER WARRANTY 11 5.LICENSE OF SOFTWARE 12 5.1 GRANT OF LICENSE 12 5.2 LICENSE FEES 12 5.3 USE 12 5.4 RESTRICTIONS 12 5.5 OWNERSHIP 12 5.6 TERM 12 5.7 TERMINATION 13 5.8 CONFIDENTIALITY 13 5.9 DISCLOSURE 13 5.10 INFRINGEMENT INDEMNIFICATION 13 5.11 LIMITATION ON INFRINGEMENT INDEMNIFICATION 14 5.12 REMEDIES FOR PATENT/COPYRIGHT INFRINGEMENTS 14 EXHIBITS Exhibit A: Specifications of the System Exhibit B: System Acceptance Exhibit C: Project Schedule and Responsibilities of the Parties Exhibit D: Price and Payment Schedule Exhibit E: Warranty and Maintenance Exhibit F: Equal Employment Opportunity Clause Exhibit G: Technology for Productivity("TFP") Scope of Work Referenced Documents: 1. City of Omaha Request for Proposal dated August, 1996, Re: Request for Proposal (RFP) for Omaha Police Department Records Management System (RMS) Project including all Addendum's 2. The Proposal to City of Omaha For A Pubic Safety Information System (PSIS)prepared for the Omaha Police Department, by SCC Communications Corp., dated October 2, 1996 3. Clarification letter dated November 5, 1996 to SCC, Contractor's response dated November 6, 1996, and Contractor's response dated November 11, 1996. } 1 • RECORDS MANAGEMENT SYSTEM AGREEMENT BETWEEN SCC COMMUNICATIONS CORP. AND THE THE CITY OF OMAHA • This Records Management System Agreement ("Agreement") is entered into this day of , 1997 (the "Effective Date") between SCC Communications Corp. ("Contractor"), a Delaware corporation, located at 6285 Lookout Road,Boulder, Colorado 80301, and the City of Omaha, ("City"), a municipal corporation, whose principal offices are located at Omaha/Douglas County Civic Center, 1819 Farnam Street, Room LC-1, Omaha,Nebraska, 68183. • RECITALS The City requires the services of an experienced Information Processing Contractor to implement the Omaha Police Department, Records Management System (RMS); and, SCC Communications Corporation specializes in the development of information processing and communication systems for public safety applications used by law enforcement,fire suppression,emergency medical services agencies, and telecommunications providers. In consideration of the mutual promises, representations and covenants set forth below, SCC agrees to provide and install a Records Management System ("RMS") according to the System Specifications and Customer agrees to acquire and purchase the RMS. The parties agree as follows: 1. DEFINITIONS The following terms are used throughout this Agreement as defined below. Wherever they appear,they shall be understood to have the meanings defined herein. Use of the term in the plural form shall, where appropriate, mean multiples of the item so.defined, but shall in no way alter the meaning provided by the definition. 1.1 AGREEMENT This shall mean this Agreement and all exhibits and attachments:hereto. 1.2 DOCUMENTATION This shall mean the PROGRAM DOCUMENTATION (as hereinafter defined), PROJECT DOCUMENTATION(as hereinafter defined), and USER DOCUMENTATION(as hereinafter defined). 1 1 A 1.2.1 PROGRAM DOCUMENTATION • Shall mean any information concerning the specific design,architecture, structure, or program logic related to the structure of the SCC Software (as herein defined), in any media form (including, but not limited to paper, magnetic, optical disk, audio, etc.) including, but not limited to, program flow charts, data flow diagrams, source code and listings. Such documentation is considered to be a confidential trade secret to the Contractor. 1.2.2 PROJECT DOCUMENTATION Shall mean any other project information specifically related to the City RMS (as herein defined), in any media form including, but not limited to paper, magnetic,optical disk,audio, etc.) including, but not limited to, diagnostics and acceptance test results,wiring diagrams, hardware layouts and configuration files. 1.2.3 USER DOCUMENTATION Shall mean the Contractor's standard published documents related to the use of the SCC Software, and all manufacturer's and/or licensor's standard published reference manuals, user guides,training manuals and similar information for the Hardware and Software. 1.3 SYSTEM ACCEPTANCE System Acceptance shall mean the point at which each of the major components of the RMS have been tested and demonstrated to meet their Specifications and transition to the RMS is complete according to this Agreement and its Exhibits. 1.4 HARDWARE The physical components of the RMS provided under this Agreement for the operation of the System. 1.5 SOFTWARE SCC Software and third party software which are part of the System to be licensed and operated by City pursuant to this Agreement. 1.6 SCC SOFTWARE The computer program in object code and User Documentation for SCC's application software provided under this Agreement. The term also includes Supplemental Releases, Standard Releases,Product Releases, or other modifications to such computer programs and User Documentation. 1.6.1 SUPPLEMENTAL RELEASE A minor release of SCC Software that contains primarily error corrections to an existing Standard Release. It may also contain limited improvements that do not affect the overall structure of the SCC Software. Supplemental Releases are installed remotely and are provided without charge to the City. Supplemental Releases are identified by the third digit of the three digit release number,shown here as underlined: "1.2.3". 1.6.2 STANDARD RELEASE A major release of SCC Software that contains product enhancements and improvements such as new databases, modifications to databases, new server/requesters, etc., and may involve file and database conversions,System configuration changes,hardware changes,additional training,modifications of software license terms,on-site installation, and System downtime. The cost for on-site installation and other services shall be priced separately, but the City shall not be required to pay any additional license fees. Standard Releases are identified by the second digit of the three digit release number, shown here as underlined: "1.2.3". 2 1.6.3 PRODUCT RELEASE A major release of SCC Software considered to be the next generation of an existing product. Upgrading to a new Product Release normally requires additional hardware, software, integration services, SCC Software license fees,and installation services,all provided under a separately executed agreement between the parties. Product Releases are identified by the first digit of the three digit release number, shown here as underlined: "1.2.3". 1.7 SYSTEM SPECIFICATIONS The specifications relating to the design,functionality and performance of the RMS set forth in the Exhibits to this Agreement and other referenced documents, incorporated herein., 1.8 SYSTEM The Records Management System as provided under this Agreement which performs according to the System Specifications including the Hardware, Software and User Documentation provided under this Agreement. 2. ADDITIONAL CONTRACT PARTS 2.1 CONTRACT PARTS It is understood that the following documents are made a part of this contract the same as if fully set out herein: a) City of Omaha Request for Proposal dated August, 1996, Re: Request for Proposal (RFP)for Omaha Police Department Records Management System (RMS) Project including all Addendum's; b) The Proposal to City of Omaha For A Pubic Safety Information System(PSIS) prepared for the Omaha Police Department, by SCC Communications Corp., dated October 2, 1996; and, c) Clarification letter dated November 5, 1996 to SCC, Contractor's response dated November 6, 1996, and Contractor's response dated November 11, 1996, related to this project; and, d) Exhibits "A" through "G", inclusive, attached hereto. 2.2 PRECEDENCE OF DOCUMENTS 2.2.1 IN THE EVENT OF AN INCONSISTENCY BETWEEN: d) the clauses of this Agreement, and the Exhibits or the content of any other Document - the clauses of this Agreement shall prevail; and e) the exhibits and the content of a Document or provision expressly incorporated as part of this Agreement-the content of the Exhibits shall prevail;to the extent of any inconsistency. 2.2.2 IN THE EVENT OF ANY INCONSISTENCY BETWEEN: 1) the City's Request for Proposal and Addendums thereof; and g) the SCC Proposal to the City for the RMS; or h) the content of a referenced Document expressly incorporated as part of this Agreement- the content of this Agreement shall prevail; to the extent of any inconsistency. 2.2.3 CONTRACT DOCUMENTS In the event of any inconsistency between the content of any Documents, the latest Document in time shall prevail to the extent of the inconsistency. 3 O 3. GENERAL PROVISIONS 3.1 PROJECT TERM This contract shall become effective upon execution by the City and shall continue in force until final payment has been made. The Contractor will commence work within twenty(20) days of receipt of a copy of this Agreement signed by the City and will continue such work until the services are completed in accordance with the Project Schedule- Exhibit C, incorporated herein. 3.2 COMPENSATION The Contractor shall be paid the sum of$1,169,188.00 in consideration for the RMS and all the services and products described in Exhibit D. Payment to the Contractor shall be paid according to the Payment Schedule included in Exhibit D, incorporated herein. Payment terms shall be within net 30 days from invoice date. Late payments shall accrue interest at the maximum lawful rate. 3.3 TAXES The price of the RMS to City is exclusive of all taxes. If the City claims exemption from taxation, upon execution of this Agreement the Contractor requires evidence of such tax exemption from the City. If the City fails to provide adequate evidence of exemption, invoices to City shall include appropriate taxes. 3.4 RISK OF LOSS;TRANSFER OF TITLE Title to and Risk of Loss of Hardware shall transfer upon delivery to City's site. Title to Software shall remain with Licensor. 3.5 SHIPMENT All shipments and deliveries to City shall be made FOB destination. 3.6 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE Annexed hereto as Exhibit F and made Part thereof by reference are the equal employment provision of this contract. Refusal by the Contractor or subcontractor to comply with any portion of this program as therein stated and described will subject the offending party to any or all of the following penalties: a) Withholding of all future payments under this Agreement to the Contractor if determined by the court of law that the Contractor is in violation, and continuing until it is determined that the Contractor or subcontractor is in compliance with the provisions of the contract; b) Refusal of all future bids for any contracts with the City or any of its department or divisions until such time as the Contractor or subcontractor demonstrates that he has established and shall carry out the policies of the program as herein outlined. 3.7 NONDISCRIMINATION The Contractor shall be subject to all federal and local legislation prohibiting discrimination including Title VI of the Civil Rights Act, the fair employment practices ordinance and the provisions of the Home Rule Charter of the City of Omaha, 1956. 3.8 CAPTIONS Captions used in this contract are for convenience and are not used in the construction of this contract. 3.9 APPLICABLE LAW Parties to this contract shall conform with all existing and applicable City ordinances,resolutions, state law, federal laws,and all existing and applicable rules and regulations in effect at contract signing. Nebraska law will govern the terms and the performance under this contract. 4 ,Atk 3.10 INTEREST OF THE CITY Pursuant to section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City shall have a financial interest,direct or indirect, in any City contract. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the contract void by the Mayor or Council. 3.11 INTEREST OF THE CONTRACTOR The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect,which would conflict with the performance of services required to be performed under this contract; he further covenants that, in the performance of this Agreement, no person having any such interest shall be employed. 3.12 MERGER This contract shall not be merged into any other oral or written contract, lease or deed of any type. This is the complete and full Agreement of the parties. 3.13 MODIFICATION This contract contains the entire agreement of the parties. No representations were made or relied upon by either party other than those that are expressly set forth herein. No agent, employee or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. 3.14 APPROVAL OF AMENDMENTS The parties hereto acknowledge that,as of the date of the execution of this Agreement,section 10-142 of the Omaha Municipal Code provides as follows: "Any amendment to contracts or purchases which taken alone increases the original bid price as awarded (a)by ten percent, if the original bid price is one hundred fifty thousand dollars($150,000)or more,or(b)by seventy-five thousand dollars($75,000)or more, shall be approved by the City Council in advance to the acceptance of any purchase in excess of such limits or the authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this section will be quoted in all future City contracts. Nothing in this section is intended to alter the authority of the Mayor under section 5.16 of the City Charter to approve immediate purchases." Amendments to contracts for values less than ten percent of the original bid price shall only be valid when signed by the Project Manager for the City of Omaha, David Kohrell, or his designee, and agreed to by the Contractor's Project Manager or Chief Financial Officer. 3.15 ASSIGNMENT As a condition precedent to work performed under this Agreement, the City shall not have the right to assign all or any portion of its rights and licenses granted hereunder or delegate any obligations assumed under this Agreement. The Contractor may not assign its rights or delegate any obligation under this contract (except for an assignment by the Contractor to a third party acquiring all or substantially all of SCC's assets or stock,or by merger of SCC and a third party) without the express prior written consent of the City, and which consent shall not be unreasonably withheld. 5 The City acknowledges upon signing of this Agreement that consent is given to the Contractor to subcontract the product and services of Technology for Productivity("TFP"). 3.16 STRICT COMPLIANCE All provisions of this contract and each and every document that shall be attached shall be strictly complied with as written,and no substitution or change shall be made except upon written direction from an authorized representative. 3.17 ARBITRATION If any dispute cannot be resolved by the Procedures set out below, either party may file a written demand for arbitration with the other party,simultaneously specifying its choice of arbitrator. Within ten (10) days of receiving notice, the party receiving notice shall notify the party sending notice (demanding the arbitration)of its choice of arbitrator. A third arbitrator shall be chosen by the two(2) selected arbitrators. Each party will pay for the cost incurred for its own arbitrator and both parties will equally share the cost of the third arbitrator. The arbitration proceeding shall be carried out according to the rules of the American Arbitration Association. The arbitrated award will be the exclusive remedy of the parties for all claims, counterclaims, issues or accounting, including attorney's fees and other fees and expenses of arbitration or enforcement,presented to the arbitrators. Judgment upon the arbitrated award may be entered in any court with jurisdiction. 3.18 CONSEQUENTIAL DAMAGES SCC AND ITS SUPPLIERS SHALL NOT BE LIABLE TO CITY FOR INDIRECT, SPECIAL,PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATED TO THIS AGREEMENT, WHETHER FORESEEABLE OR NOT,INCLUDING BUT NOT LIMITED TO LOST PROFITS,LOSS OF DATA,OR RESULTING FROM CUSTOMER'S USE OR INABILITY TO USE THE SYSTEM, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, INCLUDING CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE. UNDER NO CIRCUMSTANCES SHALL SCC'S LIABILITY FOR DAMAGES TO CITY FOR ANY CAUSE WHATSOEVER EXCEED THE AMOUNTS PAID BY CITY TO SCC UNDER THIS AGREEMENT. 3.19 LIMITATION OF LIABILITY Except as provided for in the Patent and Copyright Infringement Indemnification, SCC'S aggregate and entire liability with respect to any and all claims arising from performance or nonperformance of obligations set forth under this Agreement or any subject matter of this Agreement, in tort, including any negligence, in contract or otherwise shall be limited to one hundred percent(100%)of the amount paid to SCC for the System under this Agreement 3.20 ESCALATION The Contractor and City agree that any and all disputes arising out of or in connection with the execution, interpretation,performance,or nonperformance of this Agreement involving or affecting the parties during the term of this Agreement shall first be submitted in writing to the respective Project Managers,who shall promptly meet and confer in an effort to resolve such dispute. In the event the Project Managers are unable to resolve any dispute within thirty(30)days after submission to them,the dispute shall then be submitted in writing to the Chief Executive Officer or Chief Financial Officer of SCC, and the Chief of the Omaha Police Department or their designee for City,who shall promptly meet and confer in an effort to resolve such dispute. In the event the designated authorized representatives are unable to resolve any dispute within thirty (30) days,the dispute may then be submitted for arbitration as set out above. 6 3.21 TERMINATION PROVISION This Agreement may be terminated by either party in the event of a material breach by the other party of its obligations set forth under this Agreement. The party declaring a mataerial breach shall give the other party written notice of the basis for declaring a breach and an opportunity to cure,or provide an acceptable plan for cure, at least thirty(30)days prior to termination. Any recovery upon termination shall be resolved by the Procedures detailed herein. 3.22 EXPORT CONTROLS The Software, confidential information and all related technical documents and materials shall not be exported outside the U.S. without prior written approval of the Contractor and are subject to the export controls of the U.S. Export Administration Regulations and related U.S. laws. 3.23 FORCE MAJEURE Each party to this Agreement shall be excused from performance during the time and to the extent it is prevented from performing an obligation which is due to causes beyond such party's control, including, but not limited to, an act of God, war, acts of government, fire, strike, labor disputes, civil disturbances, reduction or failure of power source, unavailability of external interfaces,or any other circumstance beyond the reasonable control of the affected party,provided that reasonable notice is given to the other party. 3.24 INDEPENDENT CONTRACTOR SCC shall perform its obligations under this Agreement as an independent contractor and not as the agent or employee of City. 3.25 INSPECTION During the time City uses the Software and for one year after any termination of use,the Contractor may, upon prior notice, inspect the premises of City during normal working hours to verify compliance with this Agreement and retain any item that City may possess in violation of this Agreement. 3.26 INSURANCE The Contractor shall furnish City satisfactory evidence of insurance upon request. These policies shall remain in effect through the SCC Software Warranty Period. 3.27 NOTICES Any notice permitted or required under this Agreement shall be deemed given when mailed by certified mail, postage prepaid, and addressed as follows: SCC Communications Corp. City of Omaha 6285 Lookout Road Omaha Police Department Boulder, CO 80301-3343 505 S. 15' Street Attn.: Chief Financial Officer Omaha,NE 68102 Attn.: I.S. Manager 3.28 SURVIVAL AND SEVERABILITY The following provisions of this Agreement shall survive termination or expiration: Section 4 License of Software, Section 5.3 -Consequential Damages, Section 5.4-Limitation of Liability,and Section 5.8 Export Controls. If any provision of this Agreement is held be invalid, illegal,or unenforceable in whole or in part, that provision will be modified to make it valid, legal and enforceable, and the validity, legality and enforceability of the remaining provisions will not be affected. 0 7 ,ti . 3.29 WAIVER,AMENDMENT AND MODIFICATION • ' Any waiver,amendment or modification of this Agreement shall only be effective upon written agreement signed by both parities. 3.30 ENTIRE AGREEMENT Except for change orders or maintenance agreements that may be entered into by the parties at a later date, this Agreement and its Exhibits and referenced documents constitute the entire agreement between the parties with respect to the System 3.31 PERFORMANCE BOND The Contractor shall supply a performance bond executed by a corporation authorized to contract as surety in the State of Nebraska payable to the City of Omaha. The amount of the bond must be 100% of the contract amount. The bond will insure the full and faithful performance of the contract with the City. The bond or certified check will be returned upon final acceptance of the system. 3.32 ESCROW The Contractor shall deliver to a third party all Contractor's RMS software source code that is being used to support the City's RMS. This source code shall be held in a third party escrow account. In the event that the Contractor goes out of business, fails to properly maintain Contractor's RMS software according to a Maintenance Agreement in effect,or if Contractor no longer does business in providing RMS,the third party then shall deliver to the City all Contractor's RMS software source code that is being used to support the City's RMS. A third party will be mutually agreed upon by the Contractor and City and the cost of the escrow account shall be the responsibility of the City. 4. THE RECORDS MANAGEMENT SYSTEM 4.1 PROJECT IMPLEMENTATION 4.1.1 INTEGRATED SYSTEM AND COMPONENTS The Contractor shall provide, assemble, install, implement, and test the RMS consisting of Hardware and Software listed in Exhibit A- Specifications of the System. Each component of the System shall be tested to verify that it operates as described in the applicable Program and User Documentation, including the functional specifications as set forth in the exhibits to this Agreement. Components shall be accepted when component testing has been successfully completed according to this Agreement. 4.1.2 DOCUMENTATION AND TRAINING The Contractor shall provide the City with the Documentation and the training detailed in Exhibit A. 4.1.3 PROJECT SCHEDULE Each parry's responsibilities with regard to the timely implementation of the RMS are set forth in Exhibit C - Project Schedule and Responsibilities of the Parties. The Contractor shall provide, assemble, install, implement, and test the System within thirty(30)days of the date shown for such testing in Exhibit C,the Project Schedule, or as adjusted during project implementation. 4.1.4 PROJECT MANAGERS The Contractor and the City shall each designate a Project Manager who will serve as the point of contact for the project. 84" 1 430 4.1.5 CHANGES TO THE SYSTEM AND PROJECT SCHEDULE Project Managers appointed pursuant to this Agreement will meet bi-monthly to review the Project Schedule. Meetings may be conducted via telephone, fax or e-mail to satisfy this requirement. The Contractor agrees to prepare a formal status report bi-monthly which will include: updates to project schedule, identify critical events coming up in the future, and outlining what the Contractor expects of the City during these events. Changes to the RMS may be proposed by either party,and if accepted by the parties,the proposed changes shall be reduced to a written change order, inclusive of any applicable pricing changes. Written approval of such change order must be obtained prior to the provision of any products or services related to such change order. All change orders are subject to section 10-142 of the Omaha Municipal Code. 4.1.6 TIMELY PERFORMANCE Timely performance of each party's obligations under the Project Schedule is required to complete System Acceptance according to the Project Schedule. Delays by one party in completing any of its responsibilities may affect the timely performance of the other's obligations under the Project Schedule, resulting in a reasonable extension of time for performance at the non-delaying party's discretion. If a delay by the City results in additional Contractor expenses for travel,warehousing equipment,restocking charges,project management or professional services,the Contractor may request reimbursement for such direct expenses and services based on the Contractor's current published consulting rates. If there is a delay by the Contractor in beginning the System Acceptance Test by more than ten (10) days from the start date of this task on the Omaha RMS Project Schedule in Exhibit C,(or as modified as a result of the Project Kick-off Meeting),then the City may request reimbursement for any expenses incurred from Douglas County Information Services that are a result of the delay. The Contractor shall be liable for up to $500.00 per day until the System Acceptance Test has begun. Claims by the City for Contractor delay payments shall only be considered when no fault of the City or Douglas County has occurred as part of the delay. The parties shall act in good faith to notify each other of any anticipated delays and expenses in order to minimize or eliminate such expenses. 4.1.7 SYSTEM ACCEPTANCE The Contractor shall notify the City in writing when the system acceptance testing is deemed to begin. After implementation and when each major component has been tested and demonstrated to operate according to its specifications, and the City has transitioned to the RMS,the Contractor shall certify in writing to the City that the system acceptance is completed and the City shall certify in writing to the Contractor that the RMS is Accepted. Acceptance is deemed to occur upon successful demonstration of all documented features and functions of the SCC Software during the respective"Train the Trainer"courses, upon completion of the 60 day reliability period, and the system is certified as operational for RMS Version 3.0. 4.2 WARRANTIES 4.2.1 12 MONTH SCC SOFTWARE WARRANTY The Contractor warrants to the City that beginning upon System Acceptance and continuing for a period of twelve (12)months (the"SCC Software Warranty Period"),the SCC Software will comply in all material respects to the System Specifications. The SCC Software Warranty Period shall commence upon System Acceptance. • 9 THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY LAW OR CUSTOM, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 4.2.2 REMEDY FOR BREACH OF SCC SOFTWARE WARRANTY During the SCC Software Warranty Period, should the Contractor receive written notice from the City that the RMS materially fails to operate in accordance with the System Specifications, the Contractor shall, at its own expense,make adjustments,modifications or repairs necessary to cause the System to comply with the System Specifications. The process of reporting and correcting such failure(s)are described in SCC's Software Maintenance Agreement in Exhibit E. THIS REMEDY IS THE EXCLUSIVE REMEDY PROVIDED FOR BREACH OF THE SCC SOFTWARE WARRANTY AND IS IN LIEU OF ALL OTHER REMEDIES AVAILABLE TO CUSTOMER. 4.2.3 LIMITATIONS ON SCC SOFTWARE WARRANTY The SCC Software Warranty is conditioned upon (a) other hardware and programming conforming to applicable technical,functional and performance specifications,and(b)the absence of any alteration,misuse, ' or abuse of the System by any party other than SCC. 4.2.4 HARDWARE AND NON-SCC SOFTWARE WARRANTIES Hardware and Software warranties shall be for the duration and under the terms as provided in the manufacturer's or licensor's Documentation. The warranty period for the Tandem hardware shall commence upon delivery of the hardware to the City. 4.3 MAINTENANCE AFTER WARRANTY 4.3.1 SCC SOFTWARE Maintenance of the SCC Software after the expiration of the SCC Software Warranty Period shall be subject to a separately executed SCC Software Maintenance Agreement. The current SCC Software Maintenance Agreement is attached in Exhibit E. That Agreement may be executed at the mutual consent and agreement of the parties prior to termination of the SCC Software Warranty Period. The SCC Software Maintenance Agreement shall be provided and implemented on a fee basis and includes maintenance and help desk telephone support. If such Maintenance Agreement has not been executed, services provided by the Contractor after the expiration of the SCC Software Warranty Period shall be provided on a time and materials basis at the Contractor's current published daily professional rates. Customers who have executed a Maintenance Agreement with the Contractor shall have priority for the Contractors Services. 5. LICENSE OF SOFTWARE 5.1 GRANT OF LICENSE The Contractor hereby grants to the City a personal,non-transferable, non-exclusive license to use the SCC Software in connection with the operation of the System as configured in Exhibit A. 5.2 LICENSE FEES License fees for the Software are listed in Exhibit D, Price and Payment Schedule. Should the City add workstations/users to the System, additional license fees for this additional use may be required. 10 O 5.3 USE This license granted to the City entitles the City to use the SCC Software for its own internal operations. Other third party software included in the price of the System is licensed by the City directly from the manufacturer and subject to all terms and conditions of the manufacturer's license agreement. City may make one back-up copy of each user-loaded program and any related update or revision upon which City agrees to reproduce all copyright, confidentiality and proprietary notices. 5.4 RESTRICTIONS The City shall not(a)sublicense,rent,or time-share the Software; (b) permit any other person or agency to use the Software or any components of the System,other than for the internal business purposes of Licensee according to this Agreement and for demonstration purposes;(c)use the Software to process the data of third parties; (d) copy, translate, alter, modify, change or adapt the Software except as required for normal operations; or(e) decompile, disassemble or otherwise reverse engineer the Software. 5.5 OWNERSHIP The City acknowledges that the Contractor and its licensors own all proprietary rights, including patent, copyright,trademark,trade secret,and other proprietary rights, in and to the Software and to any corrections, bug fixes, patches, maintenance updates, new version releases, improvements, developments, derivations, adaptations or other modifications,whether made by the Contractor, City or any third party, and such will remain the exclusive property of the Contractor or its licensors, whether or not specifically recognized or perfected under the laws of the country where the Software is located. City agrees not to take any action that jeopardizes such proprietary rights or attempt to acquire any rights in Software. 5.6 TERM The term of the license for the Software provided shall begin upon the Effective Date of this Agreement and continue until such time as the RMS ceases to be within the control of City or until otherwise terminated in accordance with the provisions of this Agreement. 5.7 TERMINATION The City acknowledges and agrees that its breach of any of the licensing terms will cause irreparable harm and significant injury to the Contractor or its licensors to an extent that will be extremely difficult to ascertain. Accordingly, the City agrees that the Contractor or its licensors, shall have, in addition to any other rights and remedies available to it,the right to seek an immediate injunction enjoining any breach of this license. Without prejudice to any other remedy which may be available, the Contractor may terminate the City's use of the Software immediately if the City commits any breach of the terms of this Agreement which is not cured within thirty (30) days after written notice from the Contractor, or the City makes an assignment for the benefit of its creditors, files or there is filed against the City, a petition for relief under the Bankruptcy Code, or if a receiver or like person is appointed over the whole or any part of the City. Upon termination of the license of any Software granted herein,the City shall immediately cease use of the Software and will promptly purge the same from the RMS,all other computer systems,any storage locations and any other files,then deliver the Software to the Contractor or its licensor along with any other item that contains the Contractor's or its licensor's confidential information and deliver to the Contractor an affidavit certifying that the City has complied with these termination provisions. 11 446 5.8 CONFIDENTIALITY City acknowledges and agrees that the Software contains trade secrets and confidential data of the Contractor and its licensors,and agrees to take all reasonable steps to ensure that such trade secrets and proprietary data are not disclosed, duplicated, misappropriated or used in any manner not expressly permitted by the terms of this Agreement,including those taken by City to protect its own confidential information and those which the Contractor or its licensors may reasonably request from time to time. City shall not allow the removal or defacement of any copyright,confidentiality, proprietary or intellectual property protection notices on the Software, which notices will not constitute publication or otherwise impair the Software's confidential nature. 5.9 DISCLOSURE City shall not disclose the Software to any person,except to those of its employees, agents, consultants or City authorized remote users who require access for authorized use of the Software. Before disclosure to such parties,City will require that they expressly: (i)recognize licensor's confidential and proprietary rights in the Software,(ii)agree to comply with the use and nondisclosure restrictions applicable to the Software, and(iii)acknowledge in writing the licensor's right to enforce these restrictions. City agrees there shall be no disclosure of the Software which compromises the confidentiality of the Software. 5.10 INFRINGEMENT INDEMNIFICATION If an action is brought against City based on a claim that SCC Software infringes a registered United States copyright or patent, the Contractor will defend City at Contractor's expense and will pay any costs and damages finally awarded in the infringement action or its settlement. However, such defense and payments are subject to the conditions that(a)City notifies the Contractor in writing of any such claim within thirty (30)days of learning that such a claim might be or is asserted; (b) the Contractor possesses sole control and management of the defense of the claim and any negotiation for its settlement or compromise, including but not limited to, all decisions bearing on litigation of all or parts of the claim; and (c)City reasonably assists the Contractor in the defense of any such claim by providing reasonably requested information. "Reasonable assistance" pursuant to this Section 4.10, does not include monetary assistance. 5.11 LIMITATION ON INFRINGEMENT INDEMNIFICATION The Contractor will not have any indemnity obligation to City under any provision of this section with respect to any claim of patent or copyright infringement which is based upon (a) a combination of SCC Software with any other product or program not supplied or approved in advance by the Contractor; (b)a modification of SCC Software by a party other than the Contractor; (c)the failure of City to install promptly upon receipt a release intended to correct the claimed infringement; or (d)the use of SCC Software in any manner for which it was not designed. 5.12 REMEDIES FOR PATENT/COPYRIGHT INFRINGEMENTS Should any SCC Software become (or in the Contractor's opinion be likely to become) the subject of an infringement claim described above, City agrees to permit the Contractor, at the Contractor's option and expense,to either: (i) procure for City the right to continue using the infringing product; (ii) replace or modify the infringing product to eliminate the infringement while providing functionally equivalent performance; or • 12 4.00 • (iii) direct City to cease using the infringing product, or portions thereof, return the same in exchange for a payment equal to the license fee or item price paid by City for the specific infringing product.- The Contractor shall use all reasonable commercial efforts to remedy such infringement first by option (i) and(ii) above before pursuing option (iii). THE FOREGOING STATES THE ENTIRE LIABILITY OF SCC AND CITY'S SOLE AND EXCLUSIVE REMEDY FOR ANY INTELLECTUAL PROPERTY INFRINGEMENT OF SCC SOFTWARE. IN WITNESS WHEREOF, the parities hereto have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date. SCC COMMUNICATIONS CORP. CITY OF i /AHA ./a/C0141,fik- A% Signatur (Signature) Mayor f 1� U4 ,Aom, Ati/lY (Printed Nate and Title) Lei li/q 17/a /f7 (Date) (Date) Attest: City 1erk Ap ed as to F . ?// 0 Li-t-ail-A —77 Assista `ty Xttorney P:\OPD\4757.SAP 4 o 13 The Warner Group 5950 CANOGA AVENUE,SUITE 600 WOODLAND HILLS, CALIFORNIA 91367 MANAGEMENT CONSULTANTS (818)710-8855 •FAX(818) 710-1467 November 5, 1996 Mr. Ron Pequette Sales Represenative SCC Communications Corporation 6285 Lookout Road Boulder, CO 80301 Dear Mr. Pequette: The City of Omaha,Nebraska is pleased to receive your proposal to provide a new Public Safety Information System, including hardware, software and the associated project implementation services. The City evaluation team has identified the following issues and questions. Please clarify these items and respond in writing to Mr. David Kohrell of the Omaha Police Department by Monday November 11, 1996. 1. What version and/or release level is the proposed LRMS/FRMS? What major features differentiate this product from the Premier RMS system? 2. Please provide the following reference information for all SCC installations (or planned) with the proposed LRMS/FRMS system: - Name, address, contact, title, and phone number - Configuration installed • - Approximate service population - Operational applications - Installation dates (or planned dates) 3. For the document and imaging servers: - What is the maximum amount of main memory (for both)? - What is the maximum amount of internal hard disk space? 14 4. What are the outstanding integration issues between the SCC CAD system (Premier CAD 4.3.3) currently in use by the City of Omaha and the proposed solution? 5. Why were bar code readers not proposed as specified in the RFP?Please state all additional costs associated with including two bar code readers into this proposal. 6. What are the planned timeframes and LRMS/FRMS release levels for the functional requirements noted as "under-development"? 7. What is SCC's approach for determining enhancements to LRMS/FRMS and prioritizing such enhancements for inclusion into future releases and major upgrades? 8. May the system administrator restrict a particular workstation (IP address) from logging onto the system? Specific applications? Fields? 9. What is the proposed database engine? 10. Is Arcadia backup software included in the proposal?Are the costs?Does the system require clients to run Windows NT? What other operating system options are available for clients? 11. Is the City required to supply a 56Kbps circuit for SCC remote access? If yes, are other connectivity options available? 12. Assuming a client is under the support and maintenance program, a.) Define how the costs (above the standard yearly recurring charges) of supplemental revisions are calculated. b.) Are the future costs of all major upgrades always 10% of the original application software cost? 13. Please provide the following response time information: - Average response time for hardware telephone support - Average response time for application software telephone support - Average response time for hardware on-site support - Average response time for application software on-site support 14. The cost summary shows recurring costs for specific applications/modules. What are the recurring costs associated with applications/modules for which no recurring costs were supplied? 15. Please state the costs for the following: - Cost for the next model type for the LRMS, FRMS, and CRMS servers - Recurring costs for 3 SQL server licenses - Data conversion costs based on the activity volumes stated in the RFP 15 - Out-of-pocket expenses - Expenses related to a performance bond 16. Have data conversion services been proposed? If not, what data do you recommend for conversion? What are the associated data conversion costs and projected vendor and City personnel requirements to support data conversion? 17. How many SCC employees are dedicated solely to the latest LRMS/FRMS release? Thank you for your prompt clarification of these issues. If you need additional information or have any questions,please contact me (818) 710-8855 or David Kohrell at (402) 444-3462. Very truly yours, Steven A. Crystal Consultant cc: David Kohrell, Omaha Police Department P:\OPD\4757.SAP 16 �' EXHIBIT A - SPECIFICATIONS OF THE SYSTEM RMS AGREEMENT BETWEEN SCC AND THE CITY OF OMAHA COMPONENT SPECIFICATIONS 1.1 SCC Application Software PREMIER LRMS Version 3.0,Concurrent User License* PREMIER FRMS Version 3.0, Concurrent User License* OPEN QUERY,Version 2.0 GGM, 1 additional seat license The Contractor shall provide the SCC application software listed above. The functional specifications for the SCC Software are as detailed in the attached LRMS Version 2.0 and Version 3.0 Detailed Functional Description, FRMS Version 2.0 User documentation, and the FRMS Version 3.0 development summary, Open Query Version 2.0 User Guide. PREMIER LRMS allows users to generate reports. LRMS contains pre-built reports and provides the ability to generate ad hoc reports. The Contractor's LRMS product includes the RMS-DSS (Decision Support System). The RMS-DSS is based upon the AndyneO GQL development software which provides a dynamic ad hoc reporting tool for use with the RMS relational database. The Contractor uses this tool to build a base of standard reporting queries available to RMS users. The RMS-DSS also provides the user with a completely customizable decision support capability without the need for programming. The RMS-DSS allows users to output queries into report formats, charts, and graphs SCC shall convert the seat based licensing to concurrent user licensing for the City of Omaha. Omaha may have up to 200 concurrent users on the Law and Fire Records Management Systems and up to 500 client seats may be loaded with the LRMS and FRMS application. Omaha must decide how many of the concurrent users may access each service(e.g. 175 Law and 25 Fire). The 176st and 26"(respectively) user will be denied access to the server until another user logoff occurs. SCC will not charge the $1,000 per seat additional licensing fees for the additional 300 client seats,but there will be an increase of$1,500 per month for SCC Software Maintenance fees based on $5 per client seat. 1.2 ES9000 Interface SCC will provide an interface from the LRMS Main Server to the Douglas County ES9000 for the purpose of transferring Arrest/Booking data and Citation data to the ES9000. The interface will accept arrest/case disposition data elements from the ES9000 for inclusion in the LRMS arrest report. This interface development is based upon the following assumptions. 1. The interface will operate from the LRMS server to the ES9000 via a TCP/IP connection. OPD is responsible for providing the network connectivity between the two systems. 1 1 2. The arrest/booking and citation data resident in the LRMS database will be output to the ES9000 via a batch file formatted as an ASCII flat file. The Douglas County MIS Department will be responsible for accepting the batch file,converting and mapping it to the appropriate files on the ES9000. These records will consist for those data elements currently defined with the LRMS Arrest/Booking module and for those stated within the SCC product plan for LRMS Version 3.0 for the citation module. 3. The Douglas County MIS Department will be responsible for transferring the arrest/case disposition data from the ES9000 to the LRMS server by exporting the data in an ASCII flat file. SCC will build the interface to accept the disposition data element and map it to the appropriate file in the LRMS database. If these assumptions or the nature of the interface changes, SCC will evaluate the new requirements and provide a revised price for additional labor or services to build the interface. The City is responsible for coordination and completion of the County's responsibilities. Third Party Software Microsoft Windows NT Server Software- Version 4.0 Microsoft Windows NT Client Software - Version 4.0 Microsoft Windows NT Software- current version SQL Server Software- Version 6.5 SQL Client Software- Version 6.5 GQL/User DSS Package, Qty. 15 GQL Developer's Kit, Qty. 1 TFP- Instant Image, Document Imaging TFP- Instant Image, Digital Mugshot/PSIS I/F The Contractor shall provide the above third party software which may be pre-loaded on provided equipment. The specifications for these products are those provided by the Licensor in their standard documentation. 1.4 Hardware SERVERS: LRMS MAIN SERVER (1) Tandem S1000 Server (4) 200MHZ/512KB Cache Pentium Pro Processors (1) 512MB Memory Kit (12) 4GB Fast/Wide SCSI Hard Drives (1) PCI Raid Controller W/8MB cache,CAS/FW (1) PCI SCSI Ultra Narrow Controller (1) 4/8GB DAT Tape Drive (1) Quad-Speed CD-ROM Drive (1) 15" Color Monitor 2 411, (I) Keyboard/Mouse Kit (1) Tandem Server Management/Down System Support- USA • (1) 10/100 MBPS-PCI Ethernet Controller Card (1) Fast/Wide SCSI Cable LRMS-DSS/ANALYSIS SERVER: (1) Tandem S 1000 Server (2) 200MHZ/512KB Cache Pentium Pro Processors (1) 256MB Memory Kit (12) 4GB Fast/Wide SCSI Hard Drives (1) PCI Raid Controller W/8MB cache, CAS/FW (1) PCI SCSI Ultra Narrow Controller (1) 4/8GB DAT Tape Drive (1) Quad-Speed CD-ROM Drive (1) 15"Color Monitor (1) Keyboard/Mouse Kit (1) Tandem Server Management/Down System Support-USA (1) 10/100 MBPS PCI Ethernet Controller Card (1)• Fast/Wide SCSI Cable FRMS SERVER: (1) Tandem S 1000 Server (2) 200MHZ/512KB Cache Pentium Pro Processors (1) 256MB Memory Kit (4) 4GB Fast/Wide SCSI Hard Drives (1) PCI Raid Controller W/8MB cache,CAS/FW (1) PCI SCSI Ultra Narrow Controller (1) 4/8GB DAT Tape Drive (1) Quad-Speed CD-ROM Drive (1) 15"Color Monitor (1) Keyboard/Mouse Kit (1) Tandem Server Management/Down System Support-USA (1) 10/100 MBPS PCI Ethernet Controller Card (1) Fast/Wide SCSI Cable DOCUMENT IMAGING SERVER: (1) Tandem S 1000 Server (2) 200MHZ/512KB Cache Pentium Pro Processors- (1) 256MB Memory Kit (4) 4GB Fast/Wide SCSI Hard Drives (1) PCI Raid Controller W/8MB cache, CAS/FW (1) PCI SCSI Ultra Narrow Controller (1) 4/8GB DAT Tape Drive (1) Quad-Speed CD-ROM Drive (1) 15"Color Monitor (1) Keyboard/Mouse Kit (1) Tandem Server Management/Down System Support- USA (1) 10/100 MBPS-PCI Ethernet Controller Card - (1) Fast/Wide SCSI Cable DIGITAL MUGSHOT SERVER: (1) Tandem S 1000 Server (2) 200MHZ/512KB Cache Pentium Pro Processors (1) 128MB Memory Kit (4) 4GB Fast/Wide SCSI Hard Drives (1) PCI Raid Controller W/8MB cache, CAS/FW (1) PCI SCSI Ultra Narrow Controller (1) 4/8GB DAT Tape Drive (1) Quad-Speed CD-ROM Drive (1) 15" Color Monitor (1) Keyboard/Mouse Kit (1) Tandem Server Management/Down System Support- USA (1) 10/100 MBPS PCI Ethernet Controller Card (1) Fast/Wide SCSI Cable NETWORK COMMUNICATIONS Provided by OPD ANCILLARY EQUIPMENT PSIS Workstations- (18) Pentium 166, 1.6 GB Hard Drive, 32MB RAM, 256KB Cache, 3C-509 LAN Card, 1.44 Floppy 17" Monitors 16 Function Keyboards GGM Workstation for RMS - (1) Pentium166 PC,2GB SCSI Hard Drive, 16MB RAM, 512KB Cache,3C-509 LAN Card, 1.44 floppy disk drive, Mouse and Pad, Matrox Mill Card 2MB, 6x CD-ROM, Conner 800MB Tape Drive, loaded with Windows for Workgroups, MS/DOS, Gamma Tech Utilities 17"Monitor 16 Function Keyboard Cabinets - (2) 72"Hx30"W Black Equipment Cabinets Technology for Productivity (TFP) Hardware - (1) Photo Capture Station (Capture/Retrieve/Print Station) Document Capture Station (Scan/Retrieve/Print Station) (Details are provided in Exhibit G) 4 The Contractor shall provide the listed servers or may install alternate manufactured servers which are equal to or greater than the above specifications, upon the written consent of the City's Project Manager or their designee. TRAINING Training is an extremely important aspect of the RMS installation. There are two types of training classes: 1)to provide users with in-depth knowledge on the features and functionality of the RMS and 2)to provide designated individuals knowledge to continue to provide training to new users. Prior to the start of training,the City will identify one designated Customer Training Representative. This City Training Representative must be familiar with the Customer's daily operations and must attend each Contractor educational course. The Contractor's trainers will rely on this representative as the one point of contact for the Contractor's staff when policy and procedural questions arise during training, act as course facilitator and as the Customer's educational monitor. The City will also identify the personnel to be trainers. These individuals must participate in all the Train the Trainer courses. The City trainers must have the skills described below, in addition to prior experience as an instructor and a thorough understanding of the City's operations. Other courses will require participants from different areas of the City's operations as shown in the individual course descriptions which follow. 2.1 Database Administrator The City is obligated to appoint key individuals to act as the Database Administrator. This individual is responsible for reporting and verifying problems, completing and maintaining application configuration and performing system administrative duties such as system back-ups, archives, etc. The designated individual must be trained,certified and proficient in Microsoft Windows NT Server,SQL Server,and possess database administration skills, as well as knowledge of personal computers, prior to the start of training. The Database Administrator is required to attend the training courses outlined in this section and must be appointed prior to the Project Kickoff meeting. 2.2 Training Facilities and Schedules The Contractor and the City shall provide facilities for each training course conducted at each site which are alcohol-free and smoke free. Both the classroom and workstation format class will require a white-board for instructor's use and shall accommodate student note taking. The workshop format also requires RMS student workstations and one instructor application workstation with overhead LCD panel and network connection to the server. Students and instructors will dedicate class time to training and will not be subject to interruptions. At least two days prior to each training course, the instructor shall have access to the training facility and all workstations for setup and workstation configuration. For training courses held at the City's site, the instructor shall notify the City in advance of any teaching aids such as chalkboards or overhead projectors which will be required in the facility. The Contractor and the City shall mutually agree to training schedules to accommodate the City's shift operations and other site specific requirements. Evening courses will end by 10:00 p.m. and courses that require more than a five day duration will also include weekend class time. Training classes will be provided on contiguous days. Training Methods and Procedures Classes will be conducted using a combination of two training methods: classroom and workshop training. The workshop method provides for extensive hands-on use of the system and utilizes true-to-life incident scenarios. Students must have a typing proficiency of 25 wpm, knowledge of PCs, DOS and Microsoft Windows and have completed course prerequisites as listed in the course descriptions. Designated SCC Application and Software Engineers will provide application instruction using several techniques and materials. 1. Instructor Lesson Plan: The instructor's tool for planning the detailed course content on a module by module basis. 2. Training Course Agenda: The student handout that outlines the course sequence of events including duration, breaks and course modules. 3. Training Course Objectives: The instructor's predefined course objectives. These are provided for"Train the Trainer"classes only. 4. Training Observation Forms: The instructor's tool for tracking the student's ability to perform the skills taught in the class. These are provided for"Train the Trainer"classes only. The Contractor instructors will complete the observation forms and provide them to the City Training Representative upon completion of the course. The Contractor does not make a pass or fail determination for participating students. S. Evaluations: On the final.day of a training class,the students will be asked to complete an Instructor Evaluation form. Completion of the form is optional and anonymity is acceptable. 6. Certificates of Attendance: Students completing the"Train the Trainer" class will receive Certificates of Attendance. 7. Attendance Rosters: Instructors will complete Attendance Rosters for each day of training. 8. SCC PREMIER Reference Manual: One master copy of the applicable SCC Reference Manual will be provided prior to training. The Customer is responsible for duplicating and delivering manuals to participating students prior to class commencement. 2.4 Summary Report for Train the Trainer Classes Upon completion of the"Train the Trainer"course,the Contractor instructor will prepare a training summary report. This report will contain the instructor's review and comments of the course. The review will address concerns of the instructor regarding the skills of the City's trainers and other issues that may effect end-user training. A completed set of course agendas, objectives, observation forms, instructor evaluations, certificates of attendance and attendance rosters will be provided to the City Training Representative with the Training Summary Report within seven days following completion of the training course. The City Training Representative shall review the training materials and signify understanding of the material by signing and returning a copy of the report. Course Listings The following courses will be provided at the location indicated. 6 LRMS PRE-CONFIGURATION TRAINING Goal: Provide an overview of the various LRMS database files and the requirements for gathering the data to build these files. Location: City's facilities Format: Classroom or conference room Topics: Agency/System Parameters Security Module Look-Up Table Module Employee Module Course Materials: PREMIER LRMS Configuration Guide Duration: Eight hours Participants: Database Administrators Records Managers Class Size: Maximum of six students. A subset of these attendees will be expected to attend the LRMS Configuration Training class. Database administrator must attend all training. Prerequisites: Twenty-five wpm minimum typing skills, thorough knowledge of records operations and agency procedures and policies, and completion of LRMS Pre-configuration Training. Students should have familiarity with Microsoft Windows environment. Instructor: SCC LRMS Application Engineer 7 y 0 LRMS CONFIGURATION TRAINING Goal: Provide detailed instruction on LRMS configuration data files. This workshop results in actual entry of data. It is expected that by the end of the workshop at least 50% of the customer's databases will be complete. Location: City's facilities Format: Combined Classroom and Workshop Topics: General System Overview/Operation Agency/System Parameters Security Module Employee Module Course Materials: PREMIER LRMS Reference Guide PREMIER LRMS Configuration Guide Duration: Forty hours over six consecutive days Participants: Database Administrators Records Entry Personnel Class Size: Maximum of six students, two per workstation Prerequisite: Twenty-five wpm minimum typing skills, thorough knowledge of records operations and agency procedures and policies, and completion of LRMS Pre-configuration Training. Students should have familiarity with Microsoft Windows environment. Instructor: SCC RMS Application Engineer 8 � III LRMS TRAIN THE TRAINER Goal: Provide selected personnel with sufficient knowledge to support a comprehensive end-user training program. This includes detailed step-by-step instructions for LRMS programs and commands necessary to support their agency's dispatch operations needs. Location: City's facilities Format: Combined classroom and workshop Topics: General System Overview Information Flow/Tracking General System Operations Incident Workflow Case Management Module Training Module Course Materials: PREMIER LRMS Reference Guide Duration: Five days Participants: Trainers Application Administrators Class Size: Maximum of twelve students, two students per workstation Prerequisite: Good oral communication skills, minimum typing skills, above average interpersonal communications skills,previous training experience. Students should have familiarity with Microsoft Windows environment. Instructor: SCC RMS Application Engineer 9 LRMS DATABASE ADMINISTRATOR TRAINING Goal: Provides practical techniques for system & database administration of SCC's PREMIER LRMS system. Location: City's facilities Format: Combined classroom and workshop. This class also requires access to system terminals. Modules: Data Storage Exercise Data Recovery Exercise Trouble Shooting Problem Reports Overview of LRMS Reports Course Materials: Database Administrator Guide Duration: Eight Hours Participants: System Administrators Application Administrators Technical Support Administrators • Class Size: Maximum of four students Prerequisite: SCC PREMIER LRMS Configuration Training or equivalent LRMS experience. Students should have familiarity with Microsoft Windows environment. Students are required to have completed MS SQL Administration and Windows NT training prior to attending this course. Instructor: SCC LRMS Software Engineer 10 FRMS PRE-CONFIGURATION TRAINING Goal: Provide an overview of the various FRMS database files and the requirements for gathering the data to build these files. Attendees will be given tear sheets to aid in the collection of information in preparation for FRMS Configuration Training. Location: City's facilities Format: Classroom or conference room Topics: Agency/System Parameters Security Module Control Table Module Employee Module Course Materials: PREMIER FRMS Configuration Guide Duration: Eight hours Participants: • Database Administrators Records Managers Application Administrators Class Size: Maximum of six students. A subset of these attendees will be expected to attend the FRMS Configuration Training class. Prerequisites: Twenty-five wpm minimum typing skills and a thorough knowledge of the [City/County]'s records management operations, procedures and policies. Computer knowledge and basic PC skills. Completion of Windows tutorial or equivalent training. Instructor: SCC RMS Application Engineer 11 FRMS CONFIGURATION TRAINING Goal: Provide detailed instruction on FRMS configuration data files. This workshop results in actual entry of data. It is expected that by the end of the workshop at least 50%of the customer's databases will be complete. Location: City's facilities. Format: Combined Classroom and Workshop Topics: General System Overview/Operation Agency/System Parameters Security Module Employee Module EMS Module Incident Workflow Course Materials: PREMIER FRMS Reference Guide PREMIER FRMS Configuration Guide Duration: Five days Participants: Database Administrators Records Managers Application Administrators Class Size: Maximum of six students,two per workstation Prerequisite: Twenty-five wpm minimum typing skills, thorough knowledge of records operations, procedures and policies. Computer knowledge and basic PC functionality. Completion of FRMS Pre- Configuraton and Windows tutorial or equivalent training. Instructor: SCC RMS Application Engineer 12 4:10 FRMS TRAIN THE TRAINER Goal: Provide selected personnel with sufficient knowledge to support a comprehensive end-user training program. This includes detailed step-by-step instructions for FRMS programs and commands necessary to support their agency's records operations needs. Location: City's facilities Format: Combined classroom and workshop Topics: General System Overview Information Flow/Tracking Incident Module Inspection Module Training Module EMS Module Course Materials: PREMIER FRMS Reference Guide Duration: Five days Participants: Database Administrator Trainers Application Administrators Class Size: Maximum of twelve students,two students per workstation Prerequisite: Good oral communication skills, minimum typing skills, above average interpersonal communications skills, previous training experience. Computer knowledge and basic PC skills. Completion of FRMS Pre-Configuration and Configuration courses and Windows tutorial or equivalent training. Instructor: SCC RMS Application Engineer 13 L • FRMS DATABASE ADMINISTRATOR TRAINING Goal: • Provides practical techniques for system administration of SCC's PREMIER FRMS system. Location: City's facilities Format: Combined classroom and workshop. This class also requires access to system terminal. Modules: Data Storage Exercise Data Recovery Exercise Trouble Shooting Problem Reports Overview of FRMS Reports File Sizing/Monitoring Course Materials: Database Administrator Guide Duration: Eight Hours Participants: Database Administrator Application Administrators Technical Support Administrators Class Size: Maximum of four students Prerequisite: Computer knowledge and basic PC functionality. Completion of SCC PREMIER FRMS Configuration Training, and Completion of Windows tutorial or equivalent training. Students are required to have completed MS SQL Administration and Windows NT training prior to attending this course. Instructor: SCC RMS Software Engineer 14 >�1 PIN MAPPING TRAINING Goal: This course offers the skills and practice necessary to use SCC's Pin Mapping Utility and covers the Pin Mapping Application creation in conjunction with UDT configuration. Also covered are the procedures, queries, legends, and reports used to utilize Pin Mapping. Location: City's facility Format: Combined Classroom and Workshop Topics: Pin Mapping Application Procedures Course Materials: Pin Mapping Guide Duration: One day Participants: GGM System Administrator GGM Operator Class Size: Maximum of four students Prerequisite: GGM User Training Computer knowledge and PC skills including DOS or OS/2,and basic PC functionality. Completion of Windows and OS/2 tutorials or equivalent training. Instructor: SCC GGM Application Engineer 15 e OPENQUERY TRAINING Goal: This course offers selected personnel the information necessary to configure OpenQuery forms, systems, logs and perform query functions. Location: City's facilities Format: Combined classroom and workshop Topics: Introduction to OpenQuery application Configuration Requirements Course Materials: OpenQuery Reference Guide Duration: Twenty-four hours Participants: System Administrator Application Administrators Class Size: Maximum of six students Prerequisite: Computer knowledge and PC skills. Completion of Windows tutorial or equivalent training. Windows NT experience. Instructor: SCC RMS Software Engineer 16 0 GGM FEDERATION TRAINING Goals: This course offers the skills and practice necessary to use set up and SCC's Federation Transfer Utility.This course covers the database alteration and configuration required to set up a Federation between two or more sites.Also covered are the procedures used to successfully transfer data from owner to subscriber with a workshop approach. Location: City's facilities Format: Combined Classroom and Workshop Topics: Pin Mapping Application Procedures Course Materials: Pin Mapping Guide Duration: 1 Day Suggested Participants: GGM System Administrator GGM Operator Class Size: Maximum 4 Students Prerequisite: GGM User Training Instructor: SCC Application Engineer 17 0 GRAPHIC GEOFILE MANAGER BASIC USER TRAINING . Goal: This course offers the skills and practice necessary to use SCC's PREMIER Graphic Geofile Manager. The module covers the entry, update and query of information of the Customer's CAD geofile. A two hour Executive Overview will be available for interested parties that do not require the comprehensive GGM training course. Location: City's Facilities Format and Facility Requirements: Combined classroom and workshop Topics: Two Hour Executive Overview System Overview Resource Evaluation System Commands Course Materials: GGM Training Guide Duration: Three(3)days Participants: Dispatch Trainers Dispatch Supervisors Application Administrators System Managers Class Size: Maximum of four(4) students Prerequisite: Computer knowledge and PC skills including DOS or OS/2, and basic PC functionality. Instructor: SCC GGM Application Engineer P:\OPD\4758.SAP 18 EXHIBIT B - SYSTEM ACCEPTANCE TEST PLAN • RMS AGREEMENT BETWEEN SCC AND THE CITY OF OMAHA • ACCEPTANCE TEST PLAN System Acceptance shall be accomplished in separate phases for each system; LRMS and FRMS, as follows: Phase 1 - Hardware certification -LRMS Main Server Phase 2 - Hardware certification - LRMS DSS/Analysis Server Phase 3 - Hardware certification - FRMS Main Server Phase 4- Hardware certification- Document imaging Server Phase 5 - Hardware certification- Digital Mugshot Server Phase 6 - Hardware certification- Ancillary Equipment Phase 7 -Hardware certification - GGM Workstation for RMS Phase 8 - Software certification - LRMS Main Server Phase 9- Software certification - LRMS DSS/Analysis Server Phase 10 - Software certification -FRMS Main Server Phase 11 - Software certification - Document imaging Server Phase 12 - Software certification - Digital Mugshot Server Phase 13 - Software certification - GGM Workstation for RMS Phase 14- Software certification- CAD 4.3.5 to LRMS Interface Phase 15 - Software certification - CAD 4.3.5 to FRMS Interface Phase 16-NCIC/NCIS Interface- Open Query Phase 17 - Douglas County Interface Acceptance-TBD Phase 18 - Performance Testing LRMS Phase 19 - Performance Testing FRMS Phase 20 -Reliability Testing LRMS Phase 21 -Reliability Testing FRMS 1.1. PHASE 1-HARDWARE CERTIFICATION-LRMS MAIN SERVER After the installation of the LRMS Server, it will be tested by running appropriate diagnostic tests to demonstrate that it performs according to the manufacturer's specifications. Upon successful completion, the Contractor shall certify in writing that installation of Hardware is complete. 1.2. PHASE 2-HARDWARE CERTIFICATION-LRMS DSS/ANALYSIS SERVER After the installation of the LRMS DSS Server, it will be tested by running appropriate diagnostic tests to demonstrate that it performs according to the manufacturer's specifications. Upon successful completion,the Contractor shall certify in writing that installation of Hardware is complete. 1.3. PHASE 3-HARDWARE CERTIFICATION-FRMS MAIN SERVER After the installation of the FRMS Server, it will be tested by running appropriate diagnostic tests to demonstrate that it performs according to the manufacturer's specifications. Upon successful completion,the Contractor shall certify in writing that installation of Hardware is complete. 1 1.4. PHASE 4-HARDWARE CERTIFICATION-DOCUMENT IMAGING SERVER After the installation of the Document Imaging Server, it will be tested by running appropriate diagnostic tests to demonstrate that it performs according to the manufacturer's specifications. Upon successful completion, the Contractor shall certify in writing that installation of Hardware is complete. 1.5. PHASE 5-HARDWARE CERTIFICATION-DIGITAL MUGSHOT SERVER After the installation of the Digital Imaging Server, it will be tested by running appropriate diagnostic tests to demonstrate that it performs according to the manufacturer's specifications. Upon successful completion, the Contractor shall certify in writing that installation of Hardware is complete. 1.6. PHASE 6-HARDWARE CERTIFICATION-ANCILLARY EQUIPMENT After the installation of the Ancillary Equipment, it will be tested by running appropriate diagnostic tests to demonstrate that it performs according to the manufacturer's specifications. Upon successful completion,the Contractor shall certify in writing that installation of Hardware is complete. 1.7. PHASE 7-HARDWARE CERTIFICATION-GGM WORKSTATION FOR RMS- After the installation of the GGM Workstation, it will be tested by running appropriate diagnostic tests to demonstrate that it performs according to the manufacturer's specifications. Upon successful completion, the Contractor shall certify in writing that installation of Hardware is complete. 1.8. PHASE 8-SOFTWARE CERTIFICATION-LRMS MAIN SERVER Upon completion of the installation, the Contractor shall operate the LRMS Server to demonstrate that the system operates according to the functional specifications described in Exhibit A. Functional testing shall be done to verify functional performance complies to the User documentation. 1.9. PHASE 9-SOFTWARE CERTIFICATION-LRMS DSS/ANALYSIS SERVER Upon completion of the installation, the Contractor shall operate the LRMS DSS server to demonstrate that the system operates according to the functional specifications described in Exhibit A. Functional testing shall be done to verify functional performance complies to the User documentation. 1.10. PHASE 10-SOFTWARE CERTIFICATION-FRMS SERVER Upon completion of the installation,the Contractor shall operate the FRMS server to demonstrate that the system operates according to the functional specifications described in Exhibit A. Functional testing shall be done to verify functional performance complies to the User documentation. 1.11. PHASE 11-SOFTWARE CERTIFICATION-DOCUMENT IMAGING SERVER Upon completion of the installation,the Contractor shall operate the Document imaging Software provided by TFP to demonstrate that the system operates according to the functional specifications described in Exhibit A. Functional testing shall be done to verify functional performance complies to the User documentation. 2 1.12. _ PHASE 12-SOFTWARE CERTIFICATION-DIGITAL MUGSHOT SERVER Upon completion of the installation, the Contractor shall operate the Digital Mugshot Software provided by TFP to demonstrate that the system operates according to the functional specifications described in Exhibit A. Functional testing shall be done to verify functional performance complies to the User documentation. 1.13. PHASE 13-SOFTWARE CERTIFICATION-GGM WORKSTATION FOR RMS Upon completion of the installation,the Contractor shall operate the GGM workstation for RMS to demonstrate that the system operates according to the functional specifications described in Exhibit A. Functional testing shall be done to verify functional performance complies to the User documentation. 1.14. PHASE 14-SOFTWARE CERTIFICATION-CAD 4.3.5 TO LRMS INTERFACE Upon completion of the Interface installation, the Contractor shall demonstrate the transfer of the applicable CAD incident to the LRMS system via the CAD UDT application. This includes incident data gathered from CAD version 4.3.5 including incident location, incident type, appropriate incident times (e.g. dispatch, enroute, arrival, clear), and other agreed upon information that is currently captured by CAD version 4.3.5. 1.15. PHASE 15-SOFTWARE CERTIFICATION-CAD 4.3.5 TO FRMS INTERFACE Upon completion of the Interface installation, the Contractor shall demonstrate the transfer of the applicable CAD incident to the FRMS system via the CAD UDT application. This includes incident data gathered from CAD version 4.3.5 including incident location, incident type, appropriate incident times (e.g. dispatch, enroute, arrival, clear), and other agreed upon information that is currently captured by CAD version 4.3.5. 1.16. PHASE 16-NCIC/NCIS INTERFACE-OPEN QUERY Upon completion of the Interface installation, the Contractor shall operate the OpenQuery application to demonstrate that the System operates according to the functional specifications described in Exhibit A. Functional testing shall be done to verify functional performance according to the User documentation. 1.17. PHASE 17-DOUGLAS COUNTY INTERFACE ACCEPTANCE To be determined and mutually agreed upon between the parties 1.18. PHASE 18-PERFORMANCE TESTING LRMS SCC will conduct and provide results of performance testing based on the following performance criteria: 1.18.1. Performance testing will be based upon: a. Use of SCC provided Workstations and Servers only b.2 second average response times for all transactions in the 95% range for the following transaction mix: • Incident data entry form • Person Entry form • Vehicle entry form • Property entry form 3 4111 • Business entry form • Modus Operandi form • - Crime Scene form • Arrest and Booking form • Traffic Form • Property and Evidence form 1.18.2. Performance testing does not include LRMS browse screens,reports,and automatic association with data entry screen field entries. Time will be measured from the time the user requests the form by selecting the applicable navigational control to the time the system presents the form for use 1.18.3. SCC is not responsible for the performance of the City provided LAN network. 1.19. PHASE 19-PERFORMANCE TESTING FRMS SCC will conduct and provide results of performance testing based on the following performance criteria: 1.19.1. Performance testing will be based upon: a. Use of SCC provided Workstations and Servers b. 2 second average response times for all transactions in the 95% range for the following transaction mix: • Incident data entry form • Summary Incident data entry form • • Exposure Form • Civilian Casualty Form • Fire Service Casualty Form • Hazardous Materials Form • Patient Forms • Training Entry Forms • Inventory Entry Forms Performance testing does not include FRMS browse screens, reports,and automatic association with data entry screen field entries. Time will be measured from the time the user requests the form by selecting the applicable navigational control to the time the system presents the form for use 1.19.3. SCC is not responsible for the performance of the City provided LAN network. 1.20. PHASE 20-RELIABILITY TEST PERIOD FOR LRMS Commencing with live cut of the LRMS, a 60 day Reliability Rest Period will begin. During the 60 day Reliability Test Period, the System will operate without Severity Level 1 or 2 problems, as defined in Exhibit E - SCC Warranty and Maintenance. If a Severity Level 1 problems occurs during the 60 day period, the test period shall restart once the problem is resolved. If a Severity Level 2 problem occurs during the 60 day period, the test period shall be reduced to 30 days and restart once the problem is resolved. Severity Level 1 or 2 problems shall be determined and acted upon in accordance with the Severity Level descriptions, resolutions and response times contained within Exhibit E. 4 • • • The failure of Hardware components other than the Tandem Servers (such as a workstation or printer), data communications problems from outside providers, power failures, Customer initiated shut-downs, and the unavailability of external interfaces shall not be considered downtime for System Reliability Testing purposes. Following successful completion of the Reliability Test Period,the Customer shall sign a Final System Acceptance Acknowledgment within five(5) days following successful completion of such tests. In the event of non-acceptance, Customer shall provide details of the reason for non- acceptance in order to allow SCC to retest the System or mutually agree to any revisions made to the Reliability Test procedures to allow retesting. 1.21. PHASE 21-RELIABILITY TEST PERIOD FOR FRMS Commencing with live cut of the FRMS, a 60 day Reliability Rest Period will begin. During the 60 day Reliability Test Period, the System will operate without Severity Level 1 or 2 problems, as defined in Exhibit E - SCC Warranty and Maintenance. If a Severity Level 1. problems occurs during the 60 day period, the test period shall restart once the problem is resolved. If a Severity Level 2 problem occurs during the 60 day period, the test period shall be reduced to 30 days and restart once the problem is resolved. Severity Level 1 or 2 problems shall be determined and acted upon in accordance with the Severity Level descriptions, resolutions and response times contained within Exhibit E. The failure of Hardware components other than the Tandem Servers (such as a workstation or printer), data communications problems from outside providers, power failures, Customer initiated shut-downs, and the unavailability of external interfaces shall not be considered downtime for System Reliability Testing purposes. Following successful completion of the Reliability Test Period, the Customer shall sign a Final System Acceptance Acknowledgment within five (5)days following successful completion of such tests. In the event of non-acceptance,Customer shall provide details of the reason for non- acceptance in order to allow SCC to retest the System or mutually agree to any revisions made to the Reliability Test procedures to allow retesting. P:\OPD\4759.SAP EXHIBIT C - PROJECT SCHEDULE AND RESPONSIBILITIES OF THE PARTIES RMS AGREEMENT BETWEEN SCC AND THE CITY OF OMAHA 1. PROJECT SCHEDULE The Contractor has included a Microsoft Project Gantt Chart at the end of this section that highlights the important tasks and the required duration for the successful and timely completion of the City's RMS project. The project schedule shall be determined with the City within 30 days of contract signing and that schedule shall be and become a part of this Agreement by this reference. _ 1.1 RMS PROJECT START The project schedule, roles and responsibilities, and integration issues are discussed. The Contractor and the City review the project schedule and the final contract and commit the necessary resources. 1.2 HARDWARE CONFIGURATION AND INSTALLATION RMS Server Hardware-During this phase the Contractor will order, load, and configure the multiple RMS servers hardware at SCC. The Contractor will ship the servers to Omaha and the SCC Project Manager will notify the City's Project Manager of the anticipated delivery date. The Contractor will install all ancillary equipment. The Contractor will install the RMS Servers with City personnel responsible for the City's wide area network. City personnel will be responsible for connecting the client workstations to the WAN. A test bed will be created to test the RMS application over the City's LAN. The Contractor and City personnel will load and configure three City PCs that are attached to the City's wide area network to set up the test bed environment.The Contractor shall provide for successful demonstration of the RMS compatibility with the City's network under this test bed environment. The Contractor and the City will conduct quality assurance testing to confirm that the City's PCs are compatible with the RMS application. It will be the City's responsibility to load the RMS client application on all City PCs which will need access to the RMS server. The City's PCs that will require RMS access should be migrated to Microsoft Windows NT, Version 4.0. Windows NT is the most efficient multiple tasking operating system for the RMS client application. 1.3 TRAINING K The Contractor will conduct RMS Law and Fire, Open Query and DSS training at Omaha. The City is responsible for preparing a training room. The Contractor will conduct configuration, database administration, and "Train the Trainer" classes at the City's training facility. Each agency, Law and Fire, will have separate configuration and"Train the Trainer"classes. 1 1.4 TFP IMAGING AND DIGITAL MUGSHOT • TFP Inc. will be subcontracted by the Contractor to provide the services and hardware as described in TFP section of the Contractor's proposal to City of Omaha for a Public Safety Information System, submitted October 2, 1996. The Contractor shall provide the server, TFP shall provide TFP Imaging and Digital Mugshot Systems inclusive of software,hardware, installation,training and warranty service. Maintenance may be obtained by the City directly with TFP. The Contractor's Project Manager shall coordinate TFP's deployment with the City and TFP. 2. RESPONSIBILITIES OF THE PARTIES 2.1 RMS SYSTEM DATABASES The RMS system tables will require configuration. These configuration tasks include system defaults, agency personnel data, security profiles, code tables,workflow queues, statute tables, and other LRMS user defined parameters. The Contractor's RMS application engineer will be available either on-site or by telephone during this phase to answer any questions. 2.2 ACCURACY OF RECORDS The City will be responsible for the accuracy of data entered into each of the Law and Fire RMS databases. 2.3 HARDWARE CONFIGURATION/SIZING The processor,disk, and I/O capacities have been sized using information supplied by the City. 2.4 APPOINTING DATABASE ADMINISTRATORS The City is obligated to appoint a key individual to act as the Database Administrator. This individual is responsible for reporting/verifying problems, completing and maintaining RMS application configuration, and performing system administrative duties such as system back-ups, archives, etc. The designated individuals must be proficient in Windows, have SQL server experience, and possess database administration, as well as PC and System knowledge. The database administrator must have Microsoft training, certification and proficiency in Windows NT and SQL Administration prior to the start of SCC training. 2.5 DATA CONVERSION SCC will provide data conversion services for the City for legacy data currently maintained in the OPD internal system. This data includes the Field Observation files, Personnel files, and Supplementary files. SCC will also provide for data conversion for the OPD legacy data files now resident on the Douglas County ES9000 system. The data files to be converted from this system will only include incident files,master name files, property and pawn files , and citation files. SCC's quotation for the data conversion process is based upon the assumption that OPD will provide the OPD internal system files in a*.dbf format and that Douglas County MIS will provide the ES9000 files in an ASCII flat file. SCC further states that the data conversion will only effect those legacy data elements which map to the new SCC PREMIER LRMS database structure. SCC will consult with OPD during the data mapping process to inform OPD of those data elements which will not be subject to conversion. 2.6 INSTALLATION REQUIREMENTS/SITE PREPARATION STANDARDS The following implementation tasks are shared by the Contractor and the City. 2 2.7 TELEPHONE LINES-SCC MAINTENANCE The City will provide two dial-telephone line appearance for connection to the Contractor dial-up maintenance modem. One line shall be used for the FRMS Server and the second line shall be used for the LRMS Server. The lines should be standard telephone lines that will accept DTMF dialing tones. The lines shall be independent of any PBX or other premise equipment. These lines must be able to receive inbound calls without over-dial. 2.8 DATA COMMUNICATION LINES The City is responsible for providing all data communication lines and networking components for remote sites and connection to other systems. A 56kb digital line is the minimum requirement for supporting remote RMS PCs. 2.9 EQUIPMENT RECEIVING The Contractor will notify the City when to expect equipment shipments. The City is responsible for receiving equipment and secure storage of same as shipped from manufacturers. The Contractor will make every effort to structure delivery of components to occur when the Contractor field personnel are on-site to assist with the receiving and placement of the equipment. When the Contractor is unavailable on-site to receive shipments,every effort will be made to give the City appropriate advance notice of shipment arrival, which is typically 15 days. The City reserves the right to reject any damaged goods within 30 days of receipt. 2.10 SCC OFFICE WORK SPACE The City needs to provide a work area for the Contractor's on-site staff in the headquarters facility. This area must be outside of the computer machine room. The area must be equipped with a telephone line capable of making voice telephone calls, including long distance. This work area needs to accommodate two people and be available during the course of the project. 2.11 BUILDING ACCESS The City needs to provide building access to all facilities where the system is to be installed to the Contractor personnel during the project. Temporary identification cards should be issued to the Contractor personnel if required for access to City facilities. Access must be available 24 hours a day during the course of this project. 2.12 PARKING The City needs to provide any required parking permits to the Contractor's personnel for restricted access entry and/or parking. 2.13 PERMITS AND LICENSES The Contractor will obtain any required permits and licenses. The City will assist the Contractor in obtaining any required licenses and permits. The City will be responsible for all fees for licenses and inspections and for any delays associated with inspections subsequent to required permits. 2.14 FIRE CODE The Contractor will comply with all applicable City Fire Code Regulations. The City will provide contact names and telephone numbers at the appropriate fire inspection agency. 3 2.15 BUILDING CODE • The Contractor will comply with all applicable City Building Code Regulations. The City will provide contact names and telephone numbers at the appropriate building inspection agency. 2.16 UNIONS The City needs to provide the Contractor with any applicable labor union requirements associated with working on-site or obtaining required licenses or permits. 2.17 ENVIRONMENTAL CONTAMINATION The City is responsible for providing reasonable care to prevent equipment exposure to contaminants that cause damage to the equipment or interruption of service. These potential contaminants include, but are not limited to, temperature, humidity, EMI (static), dust, liquids, and corrosives. The City is responsible for ensuring a safe work environment for SCC personnel. If problems are encountered with hazardous materials, the Contractor will immediately halt all work and the City will be responsible for the abatement of the problem or the Contractor and the City will jointly come to a mutual agreement on an alternative solution. 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LC) LC) CO L[) 141 COO (O EXHIBIT D - PRICE AND PAYMENT SCHEDULES RMS AGREEMENT BETWEEN SCC AND THE CITY OF OMAHA PRICING SCHEDULE COMPONEN �PiRIC■EMEI 1111111WASMINI Server Hardware LRMS Server Hardware $ 54,494 $ 54,494 DSS/Crime Analysis Server Hardware 86,859 86,859 FRMS Server Hardware 33,764 33,764 IMAGING Server Hardware 33,764 33,764 DIGITAL MUGSHOT Server Hardware 35,279 35,279 Subtotal-Server Hardware $244,160 Ancillary Equipment PSIS CPU, Qty. 18 $38,138 $ 38,138 PSIS 17" Monitors, Qty. 18 13,725 13,725 PSIS 16 Function Keyboards, Qty. 18 2,520 2,520 72" x 30" Black Equipment Cabinets, Qty. 2 3,340 3,340 Photo Capture Station 21,997 21,997 Document Capture Station 60,048 60,048 GGM Workstation w/17"monitor& 16F Keyboard 5,004 5,004 Subtotal-Ancillary Equipment $ 144,772 Application Software SCC PREMIER FRMS Server Software $ 18,000 $ 18,000 SCC PREMIER LRMS Server Software 18,000 18,000 SCC Client Software-FRMS, Qty. 25 Licenses 25,000 25,000 SCC Client Software-LRMS, Qty. 175 Licenses 175,000 175,000 SCC Open Query, Qty. 200 Licenses 100,000 100,000 Windows NT Base Windows NT License 353 353 NT Server plus 5 Client Licenses 4,469 4,469 NT Software, Qty. 199 Workstation Licenses 52,984 52,984 GQL User Licenses GQL DSS Package, Qty. 15 Licenses 16,038 16,038 GQL Developer's Package plus 3 Licenses 7,685 7,685 SQL Server License, Qty. 3 Licenses 2,738 2,738 SQL Client License, Qty. 500Licenses 49,750 49,750 TFP Instant Image-Digital Mugshot/PSIS I/F 147,915 147,915 TFP Instant Image-Document Imaging 67,324 67,324 GGM, 1 additional seat license 5,000 5,000 Subtotal Application Software $690,262 1 • Miscellaneous Costs Installation $ 124,433 $ 124,433 Integration 30,861 30,861 City Data Conversion 58,462 58,462 ES9000 Interface 54,535 54,535 TFP Printrak LiveScan Interface 4,556 4,556 Project Management 147,043 147,043 Training 46,960 46,960 Freight 1,900 1,900 Performance Bond 6,525 6,525 Subtotal Other Costs $475,275 Subtotal-All Components $1,504,469 System Discount (385,281) TOTAL RMS SYSTEM PRICE $1,169,188 PAYMENT SCHEDULE PAYlvIENECESGRIPPTIi ONE %° ''.O_WAM Contract Signing 10% $ 116,91.9 Server Delivery 20% 233,838 Server Installation 5% 58,459 Build of Nebraska Open Query Layer 10% 116,919 ES9000 Interface Installation 10% 116,919 Completion of GGM &Pin Mapping 10% 116,919 Training Certificate of Operation- LRMS 5% 58,459 Certificate of Operation - FRMS 5% 58,459 Certificate of Operation-TFP 10% 116,919 System Acceptance 15% 175,378 TOTAL SYSTEM PAYMENTS 100% $ 1,169,188 2 0 MAINTENANCE FEES - PRODUCT MONTHLY ANNUAL FEE FEE PREMIER FRMS Server $1,000 $12,000 PREMIER FRMS - 25 Seats 125 1,500 PREMIER LRMS 1,750 21,000 PREMIER LRMS- 175 Seats 875 10,500 Open Query- 200 Seats 1,000 12,000 FRMS & LRMS Concurrent usage- add 300 Seats 1,500 18,000 Subtotal SCC Software Maintenance Fees $6,250 $ 75,000 Discounted for 1st Year of Maintenance (1,000) (12,000) FRMS SW Upgrade 4,230 50,760 LRMS SW Upgrade 4,230 50,760 TOTAL DISCOUNTED SCC SOFTWARE $13,710 $ 164,520 MAINTENANCE FEES FOR 1ST YEAR TFP Annual Maintenance Fees -years 2 $2,700 32,405 through 5(see Exhibit G *) ANNUAL GRAND TOTAL- SCC &TFP _ $ 196,925 * On-going Maintenance Fees for TFP products are provided in Exhibit G of this Agreement. P:\OPD\4761.SAP 3 11. 1 EXHIBIT E - SCC SOFTWARE MAINTENANCE AGREEMENT RMS AGREEMENT BETWEEN SCC AND THE CITY OF OMAHA Page i • EXHIBIT E - WARRANTY AND MAINTENANCE • TABLE OF CONTENTS 1.DEFINITIONS I 1.1 DOCUMENTATION 1.2 HARDWARE 1 1.3 MAINTENANCE SERVICES 1.4 SOFTWARE 1.5 SCC SOFTWARE 1 1.6 SYSTEM SPECIFICATIONS 2 1.7 SYSTEM 2 1.8 SYSTEM ADMINISTRATOR 2 2.THE SUPPORT PROCESS 2 2.1 REPORTING ERRORS TO SCC CUSTOMER SERVICE 3 2.2 MAINTENANCE SERVICES 3 2.3 SERVICES NOT INCLUDED 4 3.PAYMENT TERMS 5 3.1 PRICE 5 3.2 TERMS 5 3.3 ATTACHMENT TWO MODIFICATIONS 5 3.4 SCC'S RIGHT TO CHANGE PRICES 5 3.5 MONTHLY,QUARTERLY,OR YEARLY 5 3.6 RESUMING MAINTENANCE AFTER TERMINATION 5 4.TERM OF MAINTENANCE AGREEMENT 6 4.1 TERM 6 4.2 CUSTOMER'S TERMINATION OF THIS AGREEMENT 6 4.3 CUSTOMER'S DEFAULT OR VIOLATION 6 5.CUSTOMER'S OBLIGATIONS 6 5.1 APPOINTING SYSTEM ADMINISTRATOR 6 5.2 PROBLEM VERIFICATION 6 5.3 ADHERENCE TO SYSTEM AGREEMENT 6 5.4 OTHER MAINTENANCE 6 5.5 ACCESS 6 5.6 AUTHORIZED CONTACTS 7 5.7 ADDITIONAL PC UNIT LICENSES 7 6.LIABILITY AND WARRANTY 7 6.1 LIMITATION OF LIABILITY 7 6.2 CONSEQUENTIAL DAMAGES 7 6.3 WARRANTY 7 7.GENERAL PROVISIONS 7 7.1 NOTICES 7 7.2 ENTIRE AGREEMENT 8 7.3 ASSIGNMENT 8 7.4 CHOICE OF LAW 8 7.5 WAIVER,AMENDMENT,AND MODIFICATION 8 Page ii _/` 7.6 FORCE MAJEURE 8 ATTACHMENT ONE-SEVERITY LEVELS AND RESPONSE TIMES ATTACHMENT TWO-PRICING ATTACHMENT THREE-SCC DAILY PROFESSIONAL RATES Page iii SCC SOFTWARE MAINTENANCE AGREEMENT • BETWEEN SCC COMMUNICATIONS CORP. AND THE CITY OF OMAHA This Maintenance Agreement is dated this day of , 1997 by and between The City of Omaha,("Customer"), a municipal corporation,whose principal offices are located at Omaha/Douglas County Civic Center, 1819 Farnam Street, Room LC-1, Omaha, Nebraska, 68183 and SCC Communications Corp. ("SCC"), a Delaware corporation, located at 6285 Lookout Road, Boulder, CO 80301-3343. SCC has agreed to provide, and Customer has agreed to purchase certain Maintenance Services for the SCC Records Management System (RMS) Software licensed from SCC according to the System Agreement between SCC and Customer, dated . In consideration of the mutual promises and covenants hereinafter set forth,the parties agree as follows. 1. DEFINITIONS The following terms are used throughout this Maintenance Agreement as defined below. Wherever they appear, they shall be understood to have the meanings defined herein. Use of the term in the plural form shall,where appropriate, mean multiples of the item so defined,but shall in no way alter the meaning provided by the definition. 1.1 DOCUMENTATION The manufacturer's and/or licensor's standard published reference manuals,user guides,training manuals and similar information for the Hardware and Software. 1.2 HARDWARE The physical components of the System which were purchased by Customer from SCC pursuant to a separate agreement and such System is used for storing, processing and transmitting data. Hardware includes the central processing unit, workstation hardware and peripheral equipment. 1.3 MAINTENANCE SERVICES The services provided by SCC to Customer for SCC Software under this Maintenance Agreement. 1.4 SOFTWARE SCC Software and other third party software which are part of the System. • 1.5 SCC SOFTWARE The computer programs in object code and User Documentation for SCC Software. The term also includes Supplemental Releases, Standard Releases, Product Releases, or other modifications to such computer programs and User Documentation. SCC Software Upgrade option included within the Maintenance Fees: If this option is exercised by the City with the execution of the RMS Agreement-Exhibit D, SCC shall include the provision of at least one(1)major SCC Software Standard or Product Release per year while the City has an active SCC Software Maintenance Agreement in effect with SCC. Each application,Law or Fire,may choose this option at a cost of$4,230 per month($50,760 annually),each. Included with the provision of the SCC Software shall be one(1)set of on-site training classes(database administrator,configuration and train the trainer),installation of the Software and SCC Software Licensing. Any associated expenses for installation and/or obtaining additional hardware or 3`d party software required to support the SCC Software Release shall be borne by the City. This option and pricing shall be effective during the initial term of the Maintenance Agreement. SCC is under no obligation to refund the fee for this option if the City elects to not have an available Release installed. If SCC fails to provide a Release during the 12 month term,the City has the option to apply the value of the SCC Software Upgrade Option paid during the prior period toward the fees associated with the subsequent SCC Software Maintenance costs. 1.5.1 Supplemental Release A minor release of SCC Software that contains primarily error corrections to an existing Standard Release. It may also contain limited improvements that do not affect the overall structure of the SCC Software. Supplemental Releases are installed remotely and do not require the Customer to pay any additional software license or installation fees. Supplemental Releases are identified by the third digit of the three digit release number, shown here as underlined: "1.2.3". 1.5.2 Standard Release A major release of SCC Software that contains product enhancements and improvements such as new databases, modifications to databases, new server/requesters, etc., and may involve file and database conversions, System configuration changes, hardware changes, additional training, modifications of Software license terms, on-site installation, and System downtime. The cost for on-site installation and other services shall be priced separately, but the Customer is not required to pay any additional license fees. Standard Releases are identified by the second digit of the three digit release number,shown here as underlined: "1.2.3". 1.5.3 Product Release A major release of SCC Software considered to be the next generation of an existing product or a new product offering. An upgrade to a new Product Release requires additional Software license fees and usually requires additional hardware and software. Product Releases are provided under a separate agreement. Product Releases are identified by the first digit of the three digit release number, shown here as underlined:"1.2.3". 1.6 SYSTEM SPECIFICATIONS The functional specifications relating to the design and performance of the System acquired under a separate agreement. 1.7 SYSTEM The Hardware and Software which performs according to the System Specifications. 1.8 SYSTEM ADMINISTRATOR A designated Customer employee who is responsible for reporting/verifying problems, completing and maintaining application configuration, and performing system administrative duties such as system back-ups,archives, etc. 2.THE SUPPORT PROCESS 2.1 REPORTING ERRORS TO SCC CUSTOMER SERVICE 2.1.1 Preliminary Error Review Prior to reporting any problem to SCC,the Customer's System Administrator shall conduct preliminary error review to verify a problem's existence, determine if the problem is the result of a defect in Hardware or Software and to determine conditions under which the problem may occur. The System Administrator should also duplicate and verify the problem and identify the applicable Severity Level of the problem prior to contacting SCC. 2.1.2 Report of Error Errors reported as Severity Level 1 or 2 problems should be reported to SCC by Customer verbally to begin immediate error correction,but should be followed up with a written Problem Report within 48 hours. SCC appreciates Customer's attempts to use reasonable care to determine if the error is traceable to SCC Software prior to reporting the same to SCC. SCC shall notify the Customer if a change is made to upgrade or reduce a particular error to a different Severity Level than initially reported. 2.2 MAINTENANCE SERVICES Maintenance Services on SCC Software provided under this Maintenance Agreement are dependent upon the reported Severity Level of the problem as defined in Attachment One. Maintenance Services will consist of those provided below. 2 2.2.1 Telephone Support SCC shall provide a 24 hour Customer Service telephone number for Customer to notify SCC of suspected or known problems. Telephone Customer Service support is available during normal business hours (8:00 am - 5:00 pm MST/MDT). In summary,SCC provides the following responses to identified Severity Levels: Severity Level Response Resolution 1 Telephone conference within 8 Resolve within 24 hours from business hours of initial problem verification. notification. Telephone conference within Resolve within 72 hours from 2 next business day. problem verification. Telephone conference within 2 Resolve in future Supplemental 3 business days of initial release following verification. notification. 2.2.2 SCC Response Provided the error is reproducible and that SCC's diagnostics indicate that such error was present in the release of the SCC Software provided to Customer,SCC shall provide Customer with the applicable Resolution within the identified Resolution Time, according to the assigned Severity Level of the error. If SCC's diagnostics indicate that such error was not present in the release of SCC Software provided to Customer, SCC will provide a statement that the SCC Software operates in substantial conformity to the applicable System Specifications for such SCC Software,or that the error arises when SCC Software is used in a manner for which it was not designed or used with Hardware products not approved by SCC. The start of the Resolution Time does not begin until the problem verification procedure has occurred according to Section 2.1.1. 2.2.3 Escalation If SCC determines that a Resolution cannot correct the reported error within the specified Resolution Time, SCC shall promptly initiate an escalation procedure to assign sufficiently skilled personnel to correct the error and notify SCC management that such error has not been corrected. SCC shall commit sufficient resources to resolve any reported Severity Level I errors immediately. 2.2.4 Error Correction Status Reports SCC shall provide daily verbal status reports on Severity Levels 1 and 2 errors to a designated Customer support representative. Written status reports of all outstanding errors on Customer's System shall be provided to the Customer's System Administrator monthly. 2.2.5 Supplemental Releases Supplemental Releases of SCC Software do not require additional license fees to be paid by the Customer and will normally be installed by SCC remotely. If Customer requests SCC to provide on-site installation or provide additional training it will be provided based on SCC's then current Professional Rates. If Customer chooses not to install a Supplemental Release of SCC Software, SCC is unable to guarantee further compatibility with future releases of SCC Software. 2.2.6 Standard Releases Standard Releases shall be offered to Customer when available and provided under the terms and conditions of a separately priced option mutually agreed to in writing. If Customer has not installed a release which is within two Standard Releases of the current Standard Release, SCC shall maintain the System for Severity Level 1 and 2 Errors only. 3 0 2.2.7 Product Releases Product Releases shall be offered to Customer upon first availability. Product Releases are considered new products of SCC and are likely to require substantial upgrading or changes in existing hardware platform,additional license fees and services,and are provided under a separate agreement. 2.2.8 Monthly Support Hours This plan provides a limit of eight(8)hours of software support per month. Additional support time for any one month will be billed on a time and materials basis at SCC's current Daily Professional Rates. 2.3 SERVICES NOT INCLUDED 2.3.1 Design Consultation Design consultation,such as reconfiguration analysis,consultation with third party providers to Customer and System analysis for potential modifications or upgrades which are not related to an error report, is specifically excluded from this Maintenance Agreement. Such services may be requested through an SCC sales representative. 2.3.2 Modifications of the SCC Software The Maintenance Services provided under this Agreement are conditioned upon(a)other hardware and programming conforming to applicable technical, functional and performance specifications,(b)the absence of any modification or alteration of the software not approved by SCC and (c) the absence of any misuse or abuse of the Software by the Customer. SCC cannot provide Maintenance Services for any installation of any software or hardware which modifies the SCC Software in any way without SCC's prior written approval. 2.3.3 On-Site Correction Suspected error conditions will be investigated and corrected by SCC personnel at SCC's offices to the extent possible. The determination of whether on-site corrections are required shall be at the exclusive judgment of SCC and provided as an additional service which is charged on a Time and Material basis at our then-current daily Professional Rates plus actual expenses. SCC's Professional Rates as of the Effective Date of this Agreement are as shown in Attachment Three. 2.3.4 Operating Software Third-party software provided in the proposed installation is covered by the individual warranties of each software manufacturer. PREMIER RMS's operating system,Microsoft Windows NT,and RMS's database engine,Microsoft SQL, are warranted by Microsoft for a 30 day period from date of purchase. 3. PAYMENT TERMS 3.1 PRICE The price for Maintenance Services provided under this Maintenance Agreement is detailed in Attachment Two. The price is based upon factors including,but not limited to,the configuration of the System,the number of workstations attached to the system and the number of geographically separate sites.` 3.2 TERMS Terms are net 30 days. Any amounts not paid within thirty(30)days of invoice date shall bear interest at the maximum lawful rate from the date due until paid. If SCC hires any independent agent,including collection agents and attorneys, to collect any amount due,SCC shall be entitled to recover its costs of collection including such agent fees,attorney's fees,and expenses from Customer. 4 3.3 ATTACHMENT TWO MODIFICATIONS . For additional unit or System-based licenses which are added during the term of any applicable Attachment Two maintenance term,the Customer shall be invoiced separately for the maintenance of such additional licenses on a pro- rated basis over the current term. Attachment Two shall be amended and updated at the next annual renewal term and all unit and System-based maintenance fees shall be incorporated in the price list. 3.4 SCC'S RIGHT TO CHANGE PRICES SCC reserves tje rogjt tp cjamge ots<aomtemamce Service pricing, but shall provide Customer a minimum of 30 days notification of any pricingi change. Price changes are capped at 10%annually and exclusive of discounts. Any changes in pricing will become effective on the next annual renewal anniversary of this Maintenance Agreement which occurs after the notification of price change. 3.5 MONTHLY,QUARTERLY,OR YEARLY Customer may pay for Maintenance Services on a monthly, quarterly, or yearly basis. SCC shall provide an invoice to Customer for such Maintenance Services thirty(30)days prior to the beginning of the period for which the invoice applies. 3.6 RESUMING MAINTENANCE AFTER TERMINATION In the event Customer decides to terminate and then later resume Maintenance Services,the Customer will be required to purchase the then-current Software Release and agree to have SCC conduct a site assessment and audit. The site assessment and audit will be provided on a Time and Material basis by SCC. Based on the site assessment, SCC may require the Customer to purchase SCC Professional Services such as training and program management for an additional fee. 4. TERM OF MAINTENANCE AGREEMENT 4.1 TERM This Maintenance Agreement shall begin upon the Effective Date, as set forth in Attachment Two, and continue for twelve months. This Maintenance Agreement shall automatically renew upon the anniversary date for successive one (I)year periods unless specifically agreed to otherwise in writing. Attachment Two shall continue to be effective for any such renewal term unless amended or modified by mutual agreement. 4.2 CUSTOMER'S TERMINATION OF THIS AGREEMENT Customer may terminate this Maintenance Agreement by notifying SCC sixty (60) days in advance of the annual renewal date. 4.3 CUSTOMER'S DEFAULT OR VIOLATION Should Customer be in default or violation of any term of this Maintenance Agreement or any licensing term(s)of the System Agreement, Customer shall have thirty(30)days to cure said default or violation. Failure to cure may cause SCC, at its sole discretion, to terminate this Maintenance Agreement. Should termination be invoked by SCC for Customer's default or violation, SCC shall retain any and all fees paid by Customer to SCC. 5. CUSTOMER'S OBLIGATIONS The terms and conditions upon which the Maintenance Services shall be performed upon the SCC Software by SCC under this Maintenance Agreement are subject to Customer's timely performance of the following obligations: 5.1 APPOINTING SYSTEM ADMINISTRATOR The Customer is obligated to appoint a key individual to act as the RIM Administrator. This individual is responsible for reporting/verifying problems, completing and maintaining application configuration, and performing system administrative duties such as system back-ups, archives, etc.. The designated individual should be proficient in , ) 5 `�� Windows, and possess database administration experience, as well as PC and System knowledge. SCC strongly recommends that the RMS Administrator have Microsoft Standard Query Language server experience. 5.2 PROBLEM VERIFICATION Customer's System Administrator shall follow the process of reporting errors as described in Section 2.1 and shall make best efforts to duplicate and verify the problem and then assign a Severity Level according to the definitions in this Agreement prior to contacting SCC. 5.3 ADHERENCE TO SYSTEM AGREEMENT Customer shall adhere to the surviving license obligations of the System Agreement. 5.4 OTHER MAINTENANCE Customer agrees that as long as SCC has any obligation to maintain and support SCC Software under this Maintenance Agreement,Customer shall maintain SCC Software,Hardware,and Project and User Documentation in good working order and procure maintenance and support of the hardware through a qualified computer hardware service company. 5.5 ACCESS Customer shall provide and maintain telephone modem access to the System for SCC personnel to perform remote diagnosis,verification,or correction of System problems. Customer shall also provide adequate work space and basic support when on-site maintenance work is required of SCC personnel as well as necessary access to the System to permit problem resolution by SCC. 5.6 AUTHORIZED CONTACTS Customer shall identify three(3)Customer individuals authorized to contact SCC Customer Service. Customer shall notify SCC in writing at least fifteen (15) days prior to changing authorized individuals. Operationally, Customer acknowledges and accepts that only those three (3) identified individuals who are adequately trained as System Administrators may report error conditions to SCC. However, in the event of a Severity Level l error,any Customer employee may contact SCC Customer Service by telephone as long as an authorized individual provides a follow-up contact with SCC thereafter. 5.7 ADDITIONAL PC UNIT LICENSES In the event Customer needs additional PC Units with RMS licenses, SCC will require additional maintenance fees for the additional PC Units. 6. LIABILITY AND WARRANTY 6.1 LIMITATION OF LIABILITY CUSTOMERS'EXCLUSIVE REMEDY IN THE EVENT OF ANY BREACH BY SCC OF THIS MAINTENANCE AGREEMENT SHALL BE THE RECOVERY OF ITS ACTUAL DAMAGES, BUT NOT TO EXCEED THE AMOUNT PAID TO SCC IN THE CURRENT CALENDAR YEAR UNDER THIS MAINTENANCE AGREEMENT. 6.2 CONSEQUENTIAL DAMAGES SCC AND ITS SUPPLIERS SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, PUNITIVE,INCIDENTAL,OR CONSEQUENTIAL DAMAGES RELATED TO THIS AGREEMENT,WHETHER FORESEEABLE OR NOT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, OR RESULTING FROM CUSTOMER'S USE OR INABILITY TO USE THE SYSTEM,ARISING FROM ANY CAUSE OF ACTION WHATSOEVER,INCLUDING CONTRACT,WARRANTY,STRICT LIABILITY OR NEGLIGENCE. UNDER NO CIRCUMSTANCES SHALL SCC'S LIABILITY FOR DAMAGES TO CUSTOMER FOR ANY CAUSE WHATSOEVER EXCEED THE AMOUNTS PAID BY CUSTOMER TO SCC IN THE CURRENT CALENDER YEAR. 6 6.3 WARRANTY SCC MAKES NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE), WITH RESPECT TO THE SERVICES PROVIDED UNDER THIS MAINTENANCE AGREEMENT. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT SCC'S OBLIGATIONS UNDER THIS MAINTENANCE AGREEMENT ARE TO USE REASONABLE COMMERCIAL EFFORTS IN PROVIDING SERVICES AND THAT NO WARRANTY OR PROMISE OF SPECIFIC RESULTS IS MADE. 7. GENERAL PROVISIONS 7.1 NOTICES Any notice permitted or required under this Agreement shall be deemed given when sent by certified mail, postage prepaid,or overnight courier,and addressed as follows: SCC Communications Corp. The City of Omaha 6285 Lookout Road Omaha Police Department Boulder, CO 80301-3343 505 South 15th Street Attn.: Chief Financial Officer Omaha,NE 68102 Attn.: I. S. Manager 7.2 ENTIRE AGREEMENT Except for written and mutually agreed to amendments or modifications to this Agreement and its Attachments which may be entered into by the parties at a later date,this Maintenance Agreement and its Attachments constitute the entire agreement between the parties with respect to the Maintenance Services for SCC Software. 7.3 ASSIGNMENT This Maintenance Agreement shall be binding upon the successors and assigns of both parties,provided,however,that no assignment,delegation or other transfer(except to a third party accruing all or substantially all of SCC's assets or stock, or by merger of SCC and a third party)shall be made by either party without the prior written approval of the other, which approval shall not be unreasonably withheld. SCC may subcontract any or all obligations under this Maintenance Agreement with the prior written consent of Customer so long as SCC remains primarily liable for work provided by the subcontractor. 7.4 CHOICE OF LAW This Maintenance Agreement shall be governed by,construed and enforced in accordance with the laws of the State of Nebraska. 7.5 WAIVER,AMENDMENT,AND MODIFICATION Any waiver,amendment,or modification of this Maintenance Agreement:shall only be effective upon written agreement signed by both parities. 7.6 FORCE MAJEURE Except for the payment of money,the parties to this Maintenance Agreement shall be excused from performance during the time and to the extent they are prevented from performing an obligation which is due to causes beyond a party's control,including,but not limited to,acts of God,war,acts of government,fire,strike, labor disputes,civil disturbances, reduction or failure of power source, unavailability of external interfaces, or any other circumstance beyond the reasonable control of the affected party,provided that reasonable notice is given to the other party. 7 *� IN WITNESS WHEREOF,the parities hereto have caused this Maintenance Agreement to be executed by their duly authorized representatives as of the Effective Date. SCC COMMUNICATIONS CORP. CITY OF O /; r daintil6L (Signature) (Signature) Mayor 0/50 (Printed Na e and Title) //,ay/977 (Date) (Date) Atte t4/04 City CI rk Ap ,ov as t or : AistaVfy Attorney 8 ATTACHMENT ONE- SEVERITY LEVELS & RESPONSES Each Severity Level defines the actions that will be taken by SCC for Response Time, Resolution Time,and Resolution Procedure for reported errors. Response Times for Severity Levels I and 2 are based upon voice contact by Customer as opposed to written contact by facsimile or letter. Resolution Procedures are based upon SCC's procedure for Maintenance Service defined above. Customer shall assign an initial Severity Level for each error reported, either verbally or in writing,based upon the conditions listed below. SCC shall notify the Customer if a change is made to reduce a particular error to a different Severity Level. 1. SEVERITY LEVEL ONE 1.1 SEVERITY LEVEL ONE DEFINITION The System is totally inoperative. The user cannot query or enter an incident or person. 1.2 SEVERITY LEVEL ONE RESPONSE TIME SCC shall respond with a telephone conference with Customer within eight(8)hours of Customer's initial verification and verbal notification to SCC. 1.3 SEVERITY LEVEL ONE RESOLUTION TIME SCC shall provide resolution within twenty-four(24)clock hours from problem verification. 1.4 SEVERITY LEVEL ONE RESOLUTION SCC shall provide Customer with a program code correction, program code patch, or a procedure for Customer to bypass or work around the error condition in order to continue operations. If a bypass procedure is utilized, SCC shall continue error correction activity, on a high priority basis, until a program code correction or patch is provided to Customer. 2. SEVERITY LEVEL TWO 2.1 SEVERITY LEVEL TWO DEFINITION SCC Software is severely and critically impaired; where standard functions such as Arrest and Booking module,or EMS module are completely inoperative,and those major functions are critical to the operation of the communications center. 2.2 SEVERITY LEVEL TWO RESPONSE TIME SCC shall respond with a telephone conference with Customer within one(1)standard business day after receipt of Customer's verification and initial notification to SCC. 2.3 SEVERITY LEVEL TWO RESOLUTION TIME SCC shall provide resolution within seventy-two (72) hours following Customer's verification of the error and subsequent notification to SCC. 2.4 SEVERITY LEVEL TWO RESOLUTION SCC shall provide Customer with a program code correction, program code patch, or a procedure for Customer to bypass or work around the error condition in order to continue operations. If a bypass procedure is utilized, SCC shall continue error correction activity until a program code correction or patch is provided to Customer. 9 �, 3. SEVERITY LEVEL THREE 3.1 SEVERITY LEVEL THREE DEFINITION SCC Software is impaired, and some functions are not operating, but those functions are not mandatory or critical to operations. 3.2 SEVERITY LEVEL THREE RESPONSE TIME SCC shall respond with a telephone conference with Customer within two(2)standard business days of Customer's initial notification to SCC. 3.3 SEVERITY LEVEL THREE RESOLUTION TIME SCC shall provide resolution in a future Supplemental Release following Customer's verification of the error and subsequent notification to SCC. 3.4 SEVERITY LEVEL THREE RESOLUTION SCC shall provide Customer with a program code correction in a Supplemental Release. END OF SEVERITY LEVELS 10 ATTACHMENT TWO - PRICING The following are the Maintenance Fees for the RMS and Open Query Licensed Products covered under the Maintenance Agreement to which this is attached between SCC Communications Corp.and The City of Omaha. MONTHLY j EXTENDED NUMBE TYPE OF OF SUPPORT SUPPORT LICENSED PRODUCT LICENSE UNITS PRICE PRICE PREMIER LRMS System 1 1,750 21,000 PREMIER FRMS System 1 1,000 12,000 LRMS Workstations Units 175 875 10,500 FRMS Workstations Units 25 125 1,500 Open Query Units 200 1,000 12,000 FRMS& LRMS Concurrent usage Units 300 1,500 18,000 -add 300 Seats FRMS SW Upgrade ** System 4,230 50,760 LRMS SW Upgrade ** System 4,230 50,760 Discounted for 1st Year of Maintenance (1,000) (12,000) ADJUSTED TOTAL MAINTENANCE FEE FOR 1ST YEAR S13,710 S 164,520 Payment Options: (Choose 1) Monthly Payments Quarterly Payments: Annual Payment: **FRMS and LRMS included with Maintenance Fees: SCC shall include the provision of at lease one(1)major SCC Software Standard or Product Release per year while the City has an active SCC Software Maintenance Agreement in effect with SCC These applications are priced annually on a separate basis. Included with the provision of the SCC Software shall be one (1)on-site training class, installation of the Software and SCC Software Licensing. Any associated expenses for installation and/or obtaining additional hardware or 3rd party software required to support the SCC Software Release shall be borne by the City. Pricing shall be effective during the initial term of the Maintenance Agreement. Attachment Two-Pricing Term: Initial Term: Effective Date: (Date) Renewal# Renewal Date: (Date) APPROVED BY: SCC COMMUNICATIONS CORP. CITY OF OMAHA (Signature) (Signature) -v€e_GA;14Kecs/6014 S Yh r. (Printed Name/Title) (Printed Name/Title) (DatXr'it tit l' 7 (Date) 11 ATTACHMENT THREE - SCC DAILY PROFESSIONAL RATES • RESOURCE TYPE RATES DAILY HOURLY Project Manager $ 1,160 $ 145 CAD Software Engineer $ 1,312 $ 164 RMS Software Engineer $ 1,312 $ 164 CAD/RMS Application Engineer $ 848 $ 106 Geofile Application Engineer $640 $ 80 Geofile Technician • $440 $ 55 Hardware Technician $ 880 $ 110 SQA $952 $ 119 Documentation Specialist $ 864 $ 108 Tandem Support $ 1,256 $ 157 QA Engineer $952 $ 119 Rates are to be used for estimating and billing basic time and materials. Rates are current as of January 1997, and are subject to change. P:\OPD\4762.SAP 12 EXHIBIT E -WARRANTY AND MAINTENANCE RMS AGREEMENT BETWEEN SCC AND THE CITY OF OMAHA 1. SUMMARY OF COMPONENT WARRANTIES ;'PRODUCT" - WARRANTY- --WARRANTY MAINTENANCE - • PERIOD PROVIDER PROVIDER SCC SOFTWARE 12 months following SCC SCC certification MICROSOFT 30 days from Microsoft Microsoft SOFTWARE purchase SERVER HARDWARE 3 years from delivery Manufacturer Manufacturer, or other service provider OTHER HARDWARE Manufacturer Manufacturer or Manufacturer, or other AND SOFTWARE dependent Licensor service provider 2. SCC SOFTWARE MAINTENANCE AGREEMENT The attached document is an exhibit to the RMS Agreement. It details the processes, terms, and conditions by which SCC provides support during the Warranty Period. If the Customer desires to receive maintenance services following the SCC Software Warranty Period, SCC and the Customer must execute the agreement prior to the expiration of the Warranty Period. P:\OPD\4762.SAP 13 EXHIBIT F EQUAL EMPLOYMENT OPPORTUNITY CLAUSE During the performance of this contract, the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, or disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether advertising or by other means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded;transferred; laid off; and terminated. The Contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. (2) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (3) The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the Contractor's commitments under the Equal Employment Opportunity Clause of the City and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor shall furnish to the contract compliance officer all Federal forms containing the information and reports required by the Federal government for Federal contracts under Federal rules and regulations, and including the information required by Sections 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the Contract Compliance Officer shall be those which are related to Paragraphs (1) through (7) of this subsection and only after reasonable notice is given the Contractor. The purpose for this provision is to provide for investigation to ascertain compliance with the program provided for herein. 1 (5) The Contractor shall take such actions with respect to any subcontractor as the City may direct as a means of enforcing the provisions of Paragraphs (1) through (7) herein, including penalties and sanctions for noncompliance; however, in the event the Contractor becomes involved in or is threatened with litigation as the result of such directions by the City, the City will enter into such litigation as necessary to protect the interests of the City and to effectuate the provisions of this division; and in the case of contracts receiving Federal assistance, the Contractor or the City may request the United States to enter into such litigation to protect the interests of the United States. (6) The Contractor shall file and shall cause his subcontractors, if any,to file compliance reports with the Contractor in the same form and to the same extent as required by the Federal government for Federal contracts under Federal rules and regulations. Such compliance reports shall be filed with the Contract Compliance Officer. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the Contractor and his subcontractors. (7) The Contractor shall include the provisions of Paragraphs (1) through (7) of this Section, "Equal Employment Opportunity Clause", and Section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. P:\OPD\4763.SAP 2 ‘ke EXHIBIT G - TECHNOLOGY FOR PRODUCTIVITY ("TFP") SCOPE OF WORK RMS AGREEMENT BETWEEN SCC AND THE CITY OF OMAHA Technology for Productivity ("TFP") shall be subcontracted by SCC to provide Document and Video Imaging to the City of Omaha per the following specifications: COMPONENT SPECIFICATIONS Servers Servers are specified in Exhibit A, Part 1 -Component Specifications Photo Capture Station (Capture/Retrieve/Print Station),(Qty. 1) TFP Inc. Microcomputer: • 166Mhz Pentium, 1.44 MB 3.5"Diskette Drive, 1 Parallel Port,2 Serial Ports,32MB RAM, E-Net Network Interface Card, 32K PCI Color Video Adapter(with 4MB Video RAM), 2MB Image Capture Card, 2.5GB Hard Drive 17" Color Monitor 101 Enhanced Keyboard Serial Mouse Camera and Lighting System: JVC KY-55U with 14 x 7.4 lens,Remote Power Planner and Tilt Camera Mounting CAD-PHOTO Compliant Lighting System 18%Gray Backdrop Fujix FV-7 Video Imager AB Switch Box Printer: Enhanced 4"x 5" Color Printer Software: Windows NT(Workstations) k• INSTANT-PHOTOTM (Workstation) INSTANT-RETRIEVETM(Workstation) INSTANT-PRINTTM Compression/Decompression Document Capture Station (Scan/Retrieve/Print Station), (Qty.2) TFP Inc. Microcomputer: 166Mhz Pentium, 1.44 MB 3.5"Diskette Drive; 1 Parallel Port,2 Serial Ports,32MB RAM, E-Net Network Interface Card, High Resolution Display Controller, 2.5GB Hard Drive 21"Color Monitor 101 Enhanced Keyboard 1 Serial Mouse Scanning System: Fujitsu M3097G 39ppm Document Scanner Printer: Hewlett Packard LaserJet 5 Black and White Printer with 6MB RAM Software: Windows NT(Workstations) INSTANT-DOCUMENTTM(Workstation) INSTANT-RETRIEVETM(Workstation) INSTANT-PRINTTM Compression/Decompression Printrak LiveScan Interface TFP shall provide a demographic interface to a Printrak LiveScan System. Any charges assessed by Printrak to accomplish this interface have not been included. Software System Server Software for the Digital Mugshot Server and the Document Imaging Server Software has been upgraded to Agency Wide usage. Mugshot and Document Imaging systems licensing for Image Enabling workstations has been upgraded to Agency Wide usage. Software Compression/Decompression has been upgraded to Agency Wide usage. The imaging system software upgrades are included as part of TFP's standard Maintenance Agreement. Third party software upgrades are not covered under the Maintenance Agreement. In most cases, software upgrades can be accomplished remotely. Upon request, TFP will agree to come on-site once a year, for up to one week (including travel time and expenses), to update software and train the trainer on the updated program. Services and Warranty/Maintenance Included by TFP is installation,training, shipping, handling, system configuration and user documentation and a one year warranty period.If the City needs to have any existing printers connected to the system,there may be an additional fee and the City must have the licensed software. System hardware,software and installation is backed by a comprehensive,one year parts and labor warranty. Included with the warranty(and maintenance) is • 24 hour per day, 7 days per week telephone coverage. • Remote telephone diagnostics and complete software update support. A TFP owned dial-in modem is furnished, at no additional cost, provided a current maintenance agreement is in effect. • Fast overnight delivery of replacement equipment and hardware loaner program. 2 lit 0 • Full repair or replacement coverage for the hardware as long as it is covered by warranty or current extended maintenance agreement. • On-site support as required. Maintenance Services after the Warranty period shall be arranged directly between the City and TFP. Comprehensive 7 days/week,24-hours/day support, including dial-in diagnostic support and 24-hour loaner equipment program. The diagnostic support modem is furnished at no charge, as part of the maintenance agreement. Maintenance estimates are as follows: Year 1 Warranty Year 2 $ 32,405.00 Year 3 $ 32,405.00 Year 4 $32,405.00 Year 5 $32,405.00 SITE PREPARATION The City shall be responsible for providing: • An isolated 20 amp circuit for each imaging workstation. • A dedicated telephone circuit(voice grade)for remote maintenance support. TFP shall provide the necessary modem to the City. • A protective work are for each Capture Station adequate for this environment. It is recommended that housing of the Image Capture Station Equipment be protective cabinetry that will provide adequate ventilation for the computers, and protect the system and employees for uncooperative arrestees and other potential safety hazards normally associated with prisoner intake areas. It should also be ergonomically correct to facilitate employee efficiency and productivity. TFP can provide consultation necessary to help satisfy this requirement. • Electrical power and mounting of the three-point lighting system at the booking location • All cables, connectors, ports, as well as Transaction Codes, if needed to accomplish the INSTANT-LINKTM interface. • Network cables to each workstation. • Provide TFP with the City's choices for customizing the system to meet the City's needs and preferences. TRAINING Training is an extremely important aspect of the TFP installation. There are two types of training provided with the system: 1)operator training and 2)system administrator training to provide designated individuals knowledge to continue to provide training to new users. The"Train the Trainer" approach is designed to train the supervisors, and they, in turn,train their staff. Once these people are trained, they will be able to train others in the future. The INSTANT-IMAGETM products are very easy to learn and use. TFP will train the City personnel to install the Client software required to image-enable additional workstations. Because these products were designed to be configured to the City's specific needs,the amount of training is minimized. All training is conducted on-site at the City's designated location. 3 • ATTACHMENTS The following TFP reference Attachments, from the Proposal Response are incorporated herein: Attachment 1 - Sample Maintenance Agreement • Attachment 2 - Sample Software Agreement • Attachment 3 - CAL-PHOTO Standards • Attachment 4-NIST Best Practice Recommendation,Ver. 1 P:\OPD\4764.SAP 4 S C C SCC Communications Corp. RECORDS MANAGEMENT SYSTEM PROPOSAL CLARIFICATIONS NOVEMBER 11, 1996 RECORD MANAGEMENT PROPOSAL CLARIFICATIONS 1. What version and/or release level is the proposed LRMS/FRMS? What major features differentiate this product from the PREMIER RMS system? PREMIER RMS contains 2 records management systems, one for fire and EMS and one for law enforcement. The fire records management system (FRMS) manages the recording, tracking and storage of computer-aided dispatch incident information for fire and EMS services. The law record management system (LRMS) manages information for Law incidents. The current version of FRMS and LRMS is 2 O. FRMS 2.0 contains the following modules and features: • Incident Reporting • Exposures • Civilian/Fire Service Casualties • Hazardous Materials • Company Report • EMS Module . • Prevention/Inspection Module • Personnel Module • Training Module • Inventory Module • GGM/Pin Mapping This version of FRMS uses ACCESS as its form tool. This will be converted to PowerBuilder in Version 3.0. FRMS Version 4.0 will include the following enhancements: • Case Management • • Master Index • Permit/Licensing Module • Integration of GGM for address verification and pin mapping The current version of LRMS contains the following modules: • Incident Reporting • Persons/Vehicles/Property Queries RECORD MANAGEMENT PROPOSAL CLARIFICATIONS • Attempt to Locate (ATL) • Field Interviews • Property/Evidence Tracking • Case Management • Arrest/Booking • Workflow Management • UCR Reporting • Daily Bulletin • Hot Sheets • Decision Support System for Ad Hoc Reporting Code for Version 3.0 will be complete in April 1997 and will then undergo 6-8 weeks of quality assurance testing. New modules/features planned for this version include: • Traffic Component • Pawn Shops • Intelligence/Confidential Informants • Warrants/Civil Process • NIBRS Reporting • Integration with SCC's OpenQuery product • Field Base Reporting Version 4 0, is scheduled for release in the 4th quarter of 1997. New modules/features for this version include • Training Module • Personnel Module • Multi Media Integration • Management Reports • Crime Analysis Based on the City's schedule, SCC proposes that FRMS and LRMS version 2.0 initially be installed for configuration and training purposes. SCC will then upgrade the system to version 3.0 and train City personnel on these new features prior to Certification of Operation. RECORD MANAGEMENT PROPOSAL CLARIFICATIONS 2. Please provide the. following reference Information for all SCC installations (or planned) with the proposed LRMS/FRMS system: Contact Configuration Population Applications Installation Information Date David Garcia, 900,000 CAD 1989 Director of Information AWW Systems GGM City of Las Vegas UDT Police Department LRMS Nov. 1996 400 E. Stewart Ave. Las Vegas, NV 89191 702-229-3290 Lt. John Schildknecht 1,142,400 CAD 1994 Broward County AWW 115 S. Andrews Ave. GGM Suite 325 UDT Ft. Lauderdale, FL 33301 FRMS 305-831-8270 Mike Newell, Director 496,938 CAD 1994 of Special Projects AWW 715 S. Broad St. GGM New Orleans, LA 70119 UDT 504-826-1202 FRMS Charles Scott 525,000 CAD 1997 416 Russell St. AWW Nashville, TN GGM 37206 UDT 615-862-5239 FRMS Beth Meek 89,000 CAD 1993 Mesa County/ AWW City of Grand Junction GGM 970-244-3640 UDT FRMS 1997 LRMS 1997 • RECORD MANAGEMENT PROPOSAL CLARIFICATIONS 3. For the document and imaging servers: • What Is the maximum amount of main memory (for both)? Mugshot=256 MB Imaging= 256 MB TOTAL= 518 MB • What is the maximum amount of internal hard disk space? 4 x 2.1GB = 8.4 GB 4. What are the outstanding integration issues between the SCC CAD system(PREMIER CAD 4.3.3) currently in use by the City of Omaha and the proposed solution? • UDT - A separate UDT has been proposed to integrate FRMS and LRMS to the current CAD system. When FRMS and LRMS are configured to run with PREMIER CAD, the CAD server sends incident data to the RMS applications via PREMIER UDT software which acts as an interpreter between the two systems. Data is transferred first to the UDT Server, then to the SQL Vessel, and finally, to the RMS servers. • GGM - The RMS applications will use the CAD geofile as the RMS geofile. The CAD geofile is currently maintained using SCC's PREMIER GGM product which is interfaced to the City's GIS system. The RMS applications will connect to the CAD geofile for address verification purposes. SCC is proposing a separate GGM workstation for the records management system to conduct graphic analysis of RMS data for crime analysis purposes. SCC will create a GGM federation database that connects the CAD and RMS GGM databases Control for the street address and other geofile information will be at the CAD GGM, with the RMS GGM utilized for uploading to the RMS server and to provide pin mapping capabilities. • OpenQuery - The LRMS system provides the ability to interface with standard external databases, i.e. State criminal Information databases, State motor vehicle/driver's license databases, and the National Crime Center (NCIC) This is achieved through CAD's OpenQuery application. OpenQuery allows agencies to easily create their own forms for federal state, and local databases. This application is Microsoft Windows-based. It resides as a window on the workstation and allows users to send queries to external databases and receive returns in an agency-defined format. SCC is supplying OPD with 200 license's for OpenQuery. RECORD MANAGEMENT PROPOSAL CLARIFICATIONS • Server& Workstation Installation - SCC will install the FRMS, LRMS servers and connect them to the City's WAN. City personnel will be responsible for connecting the client workstations to the WAN. • Training- SCC will conduct FRMS and LRMS Configuration and Train the Trainer classes for selected City personnel. These individuals will be responsible for configuring the systems, entering data, and conducting end-user training. The RMS applications will be tested in conjunction with SCC training classes. An SCC Application Engineer will demonstrate all documented features and functions of the RMS software for the City's training and system personnel in accordance with SCC's published user documentation. The system will then be certified as operational and the 90 day warranty period will begin. 5. Why were bar code readers not proposed as specified in the RFP?? Please state all additional costs associated with including tow bar code readers into this proposal. The current versions of FRMS and LRMS do not support bar code reading. Bar coding functionality is included in the product plan and is scheduled for Version 4 0. 6. What are the planned timeframes and LRMS/FRMS release levels for the functional requirements noted as "under-development". LRMS 2.0 Oct. 1996 LRMS 3.0 Jun. 1997 LRMS 4.0 Dec. 1997 FRMS 2.0 Apr. 1996 FRMS 2.1 Jun. 1996 FRMS 3.0 Jun. 1997 FRMS 4.0 Dec. 1997 7. What is SCC's approach for determining enhancements to LRMS/FRMS and prioritizing such enhancements for inclusion into future releases and major upgrades. RMS products are designed using a combination of market and technical research to provide a state-of-the-art application that uses the most advanced software tools. SCC's RMS products are based upon a clearly defined product plan. This product plan is built upon market research and user research to determine those features and functions which best meet the needs of the law enforcement market. These are then prioritized based upon a defined scope of work and scheduled for specific version releases. 4).< RECORD MANAGEMENT PROPOSAL CLARIFICATIONS 8. May the system administrator restrict a particular workstation (IP address)from logging onto the system? Specific applications? Fields? There are several security components to the PREMIER RMS system. These include the SQL Server, Client,NT Server, and the RMS application. Security procedures performed on the SQL Server and Client components affect the system differently. SQL Server Security procedures automatically affect all users of the system Client Security procedures affect only the workstation on which they are performed. RMS users must also have valid logins to the RMS NT Server. NT logins are set up by the Database Administrator. The NT login can be configured to provide features such as password expiration and limited login hours. Entering a user into the RMS application allows the user to logon to the application. The user does not have access to menu items, functions, forms reports or data fields unless they have been granted individual access to these items. Security is also restricted by transaction type. A user may granted or denied viewing, adding, updating or deleting privileges. Users are required to enter a unique password/personnel number combination in order to sign on to the system. There is not an overriding password. The Database Administrator may specify an expiration date for a user's password. If a user's password has expired, the user is directed to change their password before being allowed to enter the system. The Database Administrator may change a user's password any time through the Update/Add users form found in the Security module. Passwords are one-way encrypted. A user may be logged on to only one RMS workstation at a time. The RMS system logs transaction history such as user logon or attempt to logon, access or updates to the event records or maintenance tables. The audit log identifies users who have viewed, updated, or deleted a particular database object. 9. What is the proposed database engine? SCC's RMS products use the Microsoft SQL Server Version 6.5 for NT as its relational database engine. 10. Is Arcadia backup software included in the proposal? Are the costs? Does the system require clients to run Windows NT?What other operating system options are available for clients? Arcadia backup software for Windows NT is recommended for system backups due to its ability to work with SQL Server to keep the database on-line during file system backups The price for this software is not included in this proposal. The RMS applications will operate under Windows 95 or Windows NT Client. SCC believes that Windows NT provides an optimal OS environment for the RMS product. RECORD MANAGEMENT PROPOSAL CLARIFICATIONS 11. Is the City required.to supply a 56Kbps circuit for SCC remote access?If yes,are other connectivity options available? The City needs to provide one dial-telephone line appearance for connection to the SCC dial-up maintenance modem. The line should be a standard telephone line that will accept DTMF dialing tones. The line shall be independent of any PBX or other premise equipment. This line must be able to receive inbound calls without overdial. The City is responsible for providing all data communication lines and networking components for remote sites and connection to other systems. 12. Assuming a client is under the support and maintenance program, a) Define how the costs (above the standard yearly recurring charges) of supplemental revisions are calculated. There is no software licensing cost for supplemental revisions. There may be costs associated with installation and training based upon the nature of the revision. If the customer accepts a supplemental revision, SCC will provide a price for any costs associated with installation and training. These costs are generally based upon a time and materials basis for each required task. b) Are the future costs of all major upgrades always 10% of the original application software cost? Yes 13. Please provide the following response time information: • Average response time for hardware telephone support. • Average response time for application software telephone support. • Average response time for hardware on-site support Average response time for application software on-site support. RECORD MANAGEMENT PROPOSAL CLARIFICATIONS The LRMS and FRMS install base is relatively new, and therefore SCC does not have these statistics at this point. SCC is committed to providing the following service: Severity Response Resolution Level 1 Telephone conference Resolve within 24 hours within 8 business hours of from problem verification. initial notification. 2 Telephone conference Resolve within 72 hours within next business day. from problem verification. 3 Telephone conference Resolve in future Supple- within 2 business days of mental release following initial notification. verification. 14. The cost summary shows recurring costs for specific applications/modules. What are the recurring costs associated with applications/modules for which no recurring costs were supplied? Recurring costs are for maintenance services only. The yearly maintenance cost is listed below for the LRMS and FRMS applications and the OpenQuery interface. LRMS application= $14,250/yr FRMS application= $18,750/yr OpenQuery interface= $12,000/vr TOTAL $45,000/yr 15. Please state the coats for the following: • Cost for the next model type for the LRMS, FRMS and CRMS servers. SCC has proposed the top-end HP LX Netservers for the Omaha system. HP currently has not released a higher model type for this sewer line. This server class is expandable for memory, processors, and storage. • Recurring costs for 3 SQL Server licenses. There is no recurring costs for the SQL Server licenses. • Data conversion costs based on the activity volumes state in the RFP. See 16 below • Out-of-pocket expenses None • Expenses related to a performance bond. $6700.00 RECORD MANAGEMENT PROPOSAL CLARIFICATIONS 16. Have data conversion services been proposed? If not,what data do you recommend for conversion?What are the associated data conversion costs and projected vendor and City personnel requirements to support data conversion? SCC has provided a price for proposed data conversion services. The proposal included a description of a standard data conversion plan. If SCC is awarded the Omaha project, SCC will work with the City to study the legacy data file structures and then provide a cost of the data conversion. SCC will subcontract the data conversion work to a vendor whom SCC believes is best able to provide a cost effective solution. 17. How many SCC employees are dedicated solely to the latest LRMS/FRMS release? Seven employees are dedicated full time to the latest LRMS and FRMS release. P:\OPD\5886.SKZ - Fax Cover Sheet- Date: 11/6/96 Pages: 1 To: Steve Crystal Fax Phone: 818-710-1467 From: Ron Pequette Subject: RFP Info . 1� Use or disclosure of data contained on this sheet is subject a to the restriction on the title page of this proposal. I.INSTALLATION AND TRAINING I.INSTALLATION AND TRAININGII Please complete both the installation and training matrices below based on your proposed approach. For services proposed within each matrix, include all costs in the Cost Section (V.E). Complete 1 matrix per vendor offering installation/training services. b O 1. Installation/Integration/Testing Services b Vendor# _ SCC (same #as in Section IV.A) a. Installation/Integration/Testing Ser- Hardware and Application vices System Software Software I Hours Hours Describe Services Below On-Site Off-Site On-Site Off-Site Hardware Procurement& Cert fcation 40 LRMS/FRMS Software Installation 80 QA Services 40 1 UDT to LRMS& FRMS Integration 88 GGM Federation Setup 80 GGM Federation Training 40 i I Pin Mapping Upgrade 16 Pin Mapping Training 8 Open Query Interface Development 200 FRMS/LRMS DBA Training 16 FRMS Configuration Training 32 LRMS Configuration Training 32 FRMS Train The Trainer Training 40 LRMS Train The Trainer Training l © 0 1996 SCC -Proposal to the City of Omaha,NE for a Records Management System - November 5,1996- Page 1-1 )\\,i1.. • Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. I. INSTALLATION AND TRAINING LRMS 3.0 Install 8 LRMS 3.0 Train The Trainer Training 40 Total Installation/Integration/Testing Services Proposed 40 432 328 Total Cost of All Services Rendered(see 1679 Gantt Chart) b. Provide any pertinent details, limitations, exceptions concerning the services offered for installation, integration and testing. 2. Training Services a. Please state your recommended methodology for training (i.e., train-the-trainer, vendor training only, etc.). Also please state why this is vendor's recommended approach. Training is an extremely important aspect of the system installation. There are two types of training classes: 1) to provide users with in-depth knowledge on the features and functionality of the system, and 2) to provide key individuals knowledge to continue to provide training to new users. Prior to the start of training, the City will identify one designated Customer Training Representative. This Customer Training Representative must be familiar with the City's daily operations and must attend each SCC educational course. SCC trainers will rely on this representative as the one point of contact for SCC staff when policy and procedural questions arise during training, act as course facilitator, and as the City's educational monitor. The City will also identify the personnel to be trainers. These individuals must participate in all the Train the Trainer courses. The City's trainers must have the skills described below, in addition to prior experience as a classroom instructor and a thorough understanding of the City's operations. Other courses will require participants from different areas of the City's operations as shown in the individual course descriptions which follow. Database Administrator The City is obligated to appoint a key individual to act as the Database Administrator. This individual is responsible for reporting and verifying problems, completing and maintaining RMS application configuration, and performing z © 1996 SCC -Proposal to the City of Omaha,NE for a Records Management System - November 5, 1996- Page 1-2 N Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. • I. INSTALLATION AND TRAINING system administrative duties such as system back-ups, archives, etc. The designated individual should be proficient in Microsoft Windows NT Server, SQL Server, and possess database administration, as well as PC and System knowledge. The System Administrator is required to attend the training courses outlined in this section and must be appointed prior to the Project Kickoff meeting. Training Facilities and Schedules 3 ©1996 SCC -Proposal to the City of Omaha,NE fora Records Management System - November 5, 1996- I Page I-3 t S d� O - N y L J a• �r. 4-1 N �O O z C O o m m .0 S E 0 4, u• e 4 y CO CO CO ti (o CO I- N- N- N- N- CO I. L - U LE 0) CA C3) C3) O) 0) C) C3) C) m m p N �- r- N.- N- N-- r' N-- N- Z C0 0 0 0 U U a) (u Q) a) a) U Q 0 E000 -) 0 0 -10 0 0 00 0 < 1/40 - 0 N N j �4 - 0 C • .) O o r N O > O• cn 0 0 0 00 0 Om a. a. a. a. 00 0 I Of) r. O L LU NL NL L. LCr) N L La) LN NL rz ^ O 0 .555 55 5 .O O .O .- = 0 ^• TmC003 COm CO WOO CO CO CO CO . ti m _I L L L L L L c L L L L L (J a)_ CD N CI) N U) U) >, a) N U) U N t w J f- a. a_ a. a_ a_ a. Q a. a. a Cl. o o a. z c L q a 0 O L >, C) iU 0 I o - 0 0 0 0 0 0 0 0 0 0 0 p_ 0 0 0 CU 000 00 0 00 0 0 0LL 00 o O (/) fA C/) Cn U) C/) U) U) U) U) WI— C/D U) o at U) 6 U a) U) C4 al d U) U) co U) U) co o U) U) co w c (u 0 aas• 03 z _iaa CC CC CC � Z � z _I c ADO >, . 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A CO Ct E o = W E a) "- m 6- Q 0 O O to > O Z < cc 0 LL E LL 'c E I— = co + 3 Z • • r Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. SYSTEM ACCEPTANCE • RMS System Acceptance The RMS applications will be tested in conjunction with SCC training classes. An SCC Application Engineer will demonstrate all documented features and functions of the RMS software for the City's training and system personnel in accordance with SCC's published user documentation. The system will then be certified as operational and the 90 day warranty period will begin. • ©1996 SCC -Proposal to the City of Omaha,NE fora Records Management System - November 5, 1996- Page-1 t � • Interoffice Memo Date: 04/01/97 To: President and Members of the City Council through Mary Galligan Cornett, City Clerk From: Joe Mangiamelli RE: Records Management System for public safety departments The records 9 management system agreement with SCC Communications Corp. has been prepared 9 Y and presented for consideration by the City Council. The agreement will involve expenditures from appropriations of more than one fiscal year and is,therefore,to be authorized by an ordinance in accord with the provisions of the Home Rule Charter. The agreement is very detailed in the technical requirements and, accordingly, I have not provided individual copies with each set of City Council agenda documents. Rather, I have filed a complete copy of the agreement with all attachments and exhibits in the Office of the City Clerk for your review. The City Council will be provided a briefing from the Police and Fire information services staff members as well as the consultants involved in the development of the recommended scope of system and the consultant to be engaged for project implementation. This briefing will be held on the date of the public hearing on this proposal,April 15, in the Jesse Lowe Conference Room. r - f\ €''', ., 13,1 II all , ._:. ` :‘,, V a 1• i • 0 0 , S fri a z ,. 2 0 m fin 'R, _ I-+ c x,. rh cn cn En n rt 9 0 N — r• 0 al. ri `c W `C O 0' Z d CD -.�"„ r.i. v a 0 CI) F-n cn rt ;D t7 ,� �� y rt to rt 0 H fl? CO �,''`, iV ~ CD rt r� • n z ^�(� rT C) ? a r• d 9 f x rt rt - z C CD � Q Ci) C w ' H 0 -c z ca i Oa 1 _ ` rh ri l� ri d ri (D O L= O S:: II . (D O H. ri OQ C 0 3 0 O n w O w ri w 0 w co3 01:1 ,or rt I-h a rt C rt lb 0, w 'PO H. H. H. 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